1. A. Implementation of Requirements. Except as otherwise provided in Regulations .02—.05 of this chapter, an owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system shall comply with requirements of this chapter, COMAR 26.10.02—26.10.11 and 26.10.16 in accordance with the following schedule:

   1. (1) For a UST system installed after June 13, 2022, upon installation of the UST system; and

   2. (2) For a UST system installed on or before June 13, 2022:

      1. (a) Comply with the following requirements not later than October 13, 2022:

         1. (i) Upgrade requirements in Regulation .03 of this chapter;
         2. (ii) Spill and overfill control requirements in COMAR 26.10.04.01;
         3. (iii) Operation and maintenance of corrosion protection requirements in COMAR 26.10.04.02;
         4. (iv) Compatibility requirements in COMAR 26.10.03.07;
         5. (v) Requirements regarding repairs allowed on UST systems in COMAR 26.10.04.04;
         6. (vi) Reporting and recordkeeping requirements in Regulation .07 of this chapter and COMAR 26.10.04.05;
         7. (vii) Spill and overfill prevention equipment and testing requirements in COMAR 26.10.03.03;
         8. (viii) Periodic operation and maintenance walkthrough inspections requirements in Regulation .04 of this chapter and COMAR 26.10.04.03;
         9. (ix) Release detection requirements in Regulation .05 of this chapter and COMAR 26.10.05; and
         10. (x) Operator training requirements in COMAR 26.10.16; and

      2. (b) Comply with the following requirements on and after June 13, 2022:

         1. (i) Requirements for reporting, investigating, and confirming a spill, release, or discharge in COMAR 26.10.08;
         2. (ii) Spill, release, and discharge response and corrective action requirements in COMAR 26.10.09;
         3. (iii) Closure and change-in-service of a UST system requirements in COMAR 26.10.10;
         4. (iv) Except as provided in §B of this regulation, UST system registration requirements in COMAR 26.10.03.09; and
         5. (v) Except as provided in §C of this regulation, financial responsibility requirements in COMAR 26.10.11.
2. B. Not later than October 13, 2022, an owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system installed before June 13, 2022 shall register the UST system and maintain up-to-date registration of the UST system with the Department in accordance with COMAR 26.10.03.09.
3. C. An owner of a UST system with a field-constructed tank or an airport hydrant system in use as of June 13, 2022 shall demonstrate financial responsibility for the UST system at the time of submitting a registration form for the UST system, as required in §B of this regulation.

4. D. In compliance with COMAR 26.10.02.03D, an owner, an operator, and a person in charge of a UST system with a field-constructed tank or an airport hydrant system shall ensure:

   1. (1) The installation, upgrade, and repair of the UST system is performed by or under the supervision of a certified UST system technician;
   2. (2) The closure or change-in-service of the UST system is performed by or under the supervision of a certified UST system technician or remover; and
   3. (3) Inspections required under COMAR 26.10.03.10 are performed by or under the supervision of a certified UST system inspector.

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 15, 1993 (20:3 Md. R. 259)

Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 224)

Regulation .04F amended effective December 6, 1993 (20:24 Md. R. 1865); July 15, 1996 (23:14 Md. R. 1011)

Regulation .04G amended effective July 15, 1996 (23:14 Md. R. 1011)

Regulation .05C, D amended effective December 6, 1993 (20:24 Md. R. 1865)

Regulation .06D amended effective July 15, 1996 (23:14 Md. R. 1011)

Regulation .07B amended effective July 15, 1996 (23:14 Md. R. 1011)

Regulation .08A, B amended effective December 6, 1993 (20:24 Md. R. 1865)

Regulations .01—.15 repealed and new Regulations .01—.07 adopted effective June 13, 2022 (49:12 Md. R. 642)