1. A. Applicability.

   1. (1) The requirements of this chapter apply only to the following oil storage facilities:

      1. (a) An oil storage facility with a new or existing gasoline UST system located in a high risk groundwater use area (HRGUA) or well head protection area (WHPA); and
      2. (b) An oil storage facility that meets the definition of a high risk underground oil storage facility under Regulation .07A of this chapter.
   2. (2) In addition to the requirements of this chapter, an owner of a new or existing gasoline UST system and an owner of a high risk underground oil storage facility is subject to the requirements under COMAR 26.10.01—26.10.06, 26.10.08—26.10.12, and 26.10.16.

2. B. Variances.

   1. (1) The Department may grant an owner of a new or existing gasoline UST system or a high risk underground oil storage facility a variance from one or more requirements of this chapter if the owner demonstrates the UST system or oil storage facility is not a threat to groundwater.

   2. (2) An owner applying for a variance provided under §B(1) of this regulation shall submit to the Department the following information:

      1. (a) A survey of groundwater use within a 1/2 mile radius of the oil storage facility;
      2. (b) A description of the construction materials used for the UST system;
      3. (c) A description of the release detection methods used to protect groundwater;
      4. (d) A description of operation and testing methods used to protect groundwater; and
      5. (e) Any other information requested by the Department.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415.1, 4-417, and 4-701 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Regulation .01 repealed and new Regulations .01—.08 adopted effective June 13, 2022 (49:12 Md. R. 642)