An owner and an operator of a UST system shall:

1. A. Use a UST system made of or lined with a material compatible with the regulated substance stored in the UST system;
2. B. If the UST system stores an ethanol blend, comply with API Recommend Practice 1626 “Storing and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Filling Stations”;

3. C. Provide notification to the Department regarding a change in the regulated substance stored in the UST system as follows:

   1. (1) In a format required by the Department, notify the Department in writing at least 30 days before switching to a regulated substance that contains:

      1. (a) Greater than 10 percent ethanol;
      2. (b) Greater than 20 percent biodiesel; or
      3. (c) Any other regulated substance identified by the Department; and
   2. (2) In accordance with Regulation .09 of this chapter, amend the registration for the UST system after the switch to a regulated substance listed in §C(1) of this regulation is complete;

4. D. If a UST system stores one of the regulated substances identified in §C of this regulation, demonstrate the compatibility of the UST system with the regulated substance, including the UST, piping, containment sumps, pumping equipment, release detection equipment, spill prevention equipment, and overfill prevention equipment, by using one of the following options:

   1. (1) Use equipment or components certified or listed by a nationally recognized association for use with the stored regulated substance;
   2. (2) Use equipment or components with written approval from the manufacturer that affirmatively states the equipment or components are compatible with a specified range of biofuel blends, including the stored regulated substance; or
   3. (3) Use equipment or components determined by the Department to be not less protective of public health, safety, and welfare and the environment as the equipment or components specified in §D(1) and (2) of this regulation; and
5. E. Maintain records documenting compliance with the compatibility requirements under §D of this regulation for as long as the UST system is used to store the regulated substance.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415.1, 4-417, 4-701 et seq., and 7-201 et seq., Annotated Code of Maryland

Effective date: February 4, 1991 (18:2 Md. R. 151)

Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)

Regulation .01 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .01B amended effective June 29, 1998 (25:13 Md. R. 997)

Regulation .02 amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315

Regulation .02 amended effective January 16, 2006 (33:1 Md. R. 38); January 12, 2009 (36:1 Md. R. 25)

Regulation .03A amended effective February 18, 2002 (29:3 Md. R. 224)

Regulation .03A amended as an emergency provision effective January 26, 2005 (32:4 Md. R. 406); emergency provision extended at 32:15 Md. R. 1315

Regulation .03A amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .03D adopted effective June 29, 1998 (25:13 Md. R. 997)

Regulation .04B amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .04H adopted effective February 18, 2002 (29:3 Md. R. 224)

Regulation .04I adopted effective January 12, 2009 (36:1 Md. R. 25)

Regulation .05A amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .07E amended effective February 18, 2002 (29:3 Md. R. 224)

Regulation .08 amended effective June 29, 1998 (25:13 Md. R. 997); February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 38)

Regulation .09 amended effective January 16, 2006 (33:1 Md. R. 38)

Regulation .10 adopted effective January 16, 2006 (33:1 Md. R. 38)

Regulation .10 amended effective January 12, 2009 (36:1 Md. R. 25)

Regulations .01—.10 repealed and new Regulations .01—.10 adopted effective June 13, 2022 (49:12 Md. R. 642)