1. A. An owner, an operator, and a person in charge of a new or relocated AST system with a field-erected AST shall ensure that the AST system meets the requirements of this chapter.

2. B. Unless otherwise specified in this chapter, an owner, an operator, and a person in charge of an existing AST system with a field-erected AST shall ensure the AST system meets the requirements of this chapter not later than:

   1. (1) 2 years after June 13, 2022; or
   2. (2) Another time period approved by the Department.

3. C. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall comply with the following permit, license, or approval requirements, when applicable:

   1. (1) Obtain an Individual Oil Operations Permit or comply with the General Oil Operations Permit conditions, in accordance with COMAR 26.10.01.09;
   2. (2) Obtain a State discharge permit or National Pollution Discharge Elimination System permit, in accordance with COMAR 26.08.04;
   3. (3) Obtain an Oil Transfer License, in accordance with COMAR 26.10.01.08;
   4. (4) Obtain an Air Quality Permit to Construct, in accordance with COMAR 26.11.02;
   5. (5) Obtain a State Air Quality Permit to Operate, in accordance with COMAR 26.11.02; and
   6. (6) Comply with any other applicable federal, State, or local government permit, license, or approval requirements.
4. D. Notwithstanding the compliance schedule in §B of this regulation, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall register and maintain up-to-date registration of the AST system with the Department in accordance with the procedures and schedule in COMAR 26.10.01.10.

5. E. Wetlands and Waterways. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall:

   1. (1) Prior to installing a new or replacement AST system or secondary containment dike, obtain any applicable wetland and waterways authorization stated in COMAR 26.10.01.04E; and
   2. (2) If installing the AST system in a location subject to flooding, protect the field-erected AST from flotation by anchoring the storage tank in accordance with NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”.

Authority: Environment Article, §§4-401—4-403, 4-405, 4-406, 4-408, 4-410—4-412, 4-415-1—4-418, 4-501, and 4-502, Annotated Code of Maryland

Effective date: June 13, 2022 (49:12 Md. R. 642)