1. A. Applicability.

   1. (1) Owners and operators of facilities that use tank systems to treat or store hazardous waste shall comply with the requirements of this regulation and Regulations .10-1—.10-7 of this chapter, except as otherwise provided in §A(2), (3), and (5) of this regulation or in Regulation .01 of this chapter.
   2. (2) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements of Regulation .10-4 of this chapter. To determine whether a waste contains free liquids, a person shall use EPA Method 9095 (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Publication SW-846), which is incorporated by reference in COMAR 26.13.01.05A(4).
   3. (3) Tank systems, including sumps as defined in COMAR 26.13.01.03B, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes, are exempted from the requirements of Regulation .10-4A of this chapter.

   4. (4) For the purposes of classifying a tank system as either new or existing, installation of the tank system is considered to have begun if the following criteria are met:

      1. (a) The owner or operator has obtained all federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and
      2. (b) A continuous on-site physical construction or installation program has begun, or the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for either completion of physical construction of the site or installation of the tank system within a reasonable time.
   5. (5) Tanks, sumps, and other collection devices or systems used in conjunction with drip pads as defined in COMAR 26.13.01.03B and regulated under Regulations .17-1—.17-4 of this chapter are subject to the requirements of this regulation and Regulations .10-1—.10-7 of this chapter.

2. B. Waste Analysis and Trial Tests. In addition to the waste analysis required by Regulation .02D of this chapter, whenever a tank is to be used to chemically treat or store a hazardous waste which is substantially different from waste previously treated or stored in that tank, or chemically treat hazardous waste with a substantially different process than any previously used in that tank, the owner or operator shall, before treating or storing the different waste or using the different process:

   1. (1) Conduct waste analysis and trial treatment or storage tests, such as bench scale or pilot plant scale tests; or
   2. (2) Obtain written, documented information on similar storage or treatment of similar waste under similar operating conditions, to show that this proposed treatment or storage will meet the requirements of §C(1) of this regulation.

3. C. General Operating Requirements.

   1. (1) A person may not place hazardous wastes or treatment reagents in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, corrode, leak, or otherwise fail.

   2. (2) Overfilling. The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or containment systems, and, at a minimum, shall employ the following controls and practices to comply with this requirement:

      1. (a) Controls to prevent overfilling, such as level sensing devices, high level alarms, automatic feed cutoff, or by-pass to a standby tank;
      2. (b) For uncovered tanks, maintenance of sufficient freeboard to prevent overtopping by wave or wind action or by precipitation; and
      3. (c) Spill prevention controls, such as check valves or dry disconnect couplings.
   3. (3) The owner or operator shall comply with the requirements of Regulation .10-6 of this chapter if a leak or spill occurs in the tank system.

4. D. Inspections. The owner or operator shall:

   1. (1) Develop and follow a schedule and procedure for inspecting overfill controls;

   2. (2) Inspect at least once each operating day:

      1. (a) Data gathered from monitoring and leak detection equipment, such as pressure and temperature gauges and monitoring wells, to ensure that the tank system is being operated according to its design;
      2. (b) For uncovered tanks, the level of waste in the tank to ensure compliance with §C(2)(b) of this regulation;
      3. (c) Above-ground portions of the tank system to detect corrosion or releases of waste; and
      4. (d) The construction materials of, and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system, to detect erosion or signs of releases of hazardous wastes, such as wet spots or dead vegetation;

   3. (3) Inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:

      1. (a) Confirm proper operation of the cathodic protection system within 6 months after initial installation and annually after that; and
      2. (b) Inspect or test, or both, as appropriate, all sources of impressed current at least every 2 months;

   4. (4) Develop, as part of the inspection schedule required in Regulation .02F of this chapter, and in addition to the specific requirements of §D(1)—(3) of this regulation, a schedule and procedures for assessing the condition of the tank which meet the following requirements:

      1. (a) The schedule and procedures shall be adequate to detect cracks, leaks, corrosion, or erosion which may prevent compliance with §C(1) of this regulation;
      2. (b) The inspection procedure shall include procedures for emptying a tank to allow entry and inspection of the interior when tank entry is necessary to detect corrosion or erosion of the tank sides and bottom; and
      3. (c) The scheduled frequency of assessments shall be based on the material of construction of the tank, type of corrosion or erosion protection used, rate of corrosion or erosion observed during the previous inspections, and the characteristics of the waste being treated or stored;
   5. (5) Document, in the operating record of the facility, inspections of the items required to be made in §D(1)—(4) of this regulation.

5. E. Air Emissions. The owner or operator shall provide all tanks with the treatment process controls, emission controls, and safety or emergency procedures that are necessary to protect human health and the environment from toxic or otherwise harmful fumes, mists, or gases resulting from:

   1. (1) Volatilization of wastes stored or treated in the tank;
   2. (2) Chemical reactions in the tank, either routine or resulting from process upsets; or
   3. (3) Physical agitation or other forms of treatment conducted in the tank.

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

Effective date:

Regulations .01—.18 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)

Regulations .01, .05G, .06, .08A, .11C, .12D, and .14C amended effective January 18, 1982 (9:1 Md. R. 20)

Regulations .01—.12, .18 amended effective January 31, 1983 (10:2 Md. R. 110)

Regulations .01A, B, .02F, .05D, H, .07C, D, G, H, .08A, .09G, .10D, F, .11A-1, C, E—G, .12A, B, D, D-1, E, G, .13, .14, .15A, .16A, .18 (Appendix IV) amended, .15-1 adopted, .06 repealed and new .06adopted, .10I, .12C-1, and .18 (Appendices VI—XIII) repealed effective February 13, 1984 (11:3 Md. R. 202)

Regulations .01A, .02D, F, .05G, .06A, I, .07A, D, I, .10D, .11B, F, F-1, .12D-1, .14A—C, J, L, .15-1A, D amended, and .01C adopted effective July 30, 1984 (11:15 Md. R. 1330)

Regulation .01A amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .02I, J adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .04G amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .05A, D amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .06A amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .06L adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .07B amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .07C—J repealed and new C—J adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .08A amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .09F, H, and I amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .10D, E amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .10I adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .11A-1, B, C, E, F, F-1 amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .12B, D-1 amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .12H adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .13N adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .14B, C amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .14P adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .15A amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .15-1B, C, and F amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .16G adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .10C-1—I recodified to .10D—J

Regulation .11A-1—F recodified to .11B—G

Regulation .11F-1—I recodified to .11H—K

Regulation .12D-1 and D-2 recodified to .12E and F

Regulation .12E—H recodified to .12G—J

Regulation .15-1 recodified to Regulation .16

Regulations .16—.18 recodified to Regulations .17—.19

Appendix I—Appendix V codified as Regulations .20—.24

Chapter recodified from COMAR 10.51.05 to COMAR 26.13.05

Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .01C amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .02D amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .02F amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853)

Regulation .04G amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .05B amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .05D amended effective April 1, 1991 (18:6 Md. R. 690); December 23, 1991 (18:25 Md. R. 2759); May 24, 1993 (20:10 Md. R. 853)

Regulation .05F amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .06A amended effective April 1, 1991 (18:6 Md. R. 690)

Regulation .06K amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .07A, E, and F amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .07B, C, E, G, and H amended effective April 1, 1991 (18:6 Md. R. 690)

Regulation .07B, F amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .08A amended effective April 1, 1991 (18:6 Md. R. 690)

Regulation .08B amended effective November 9, 1992 (19:22 Md. R. 1991)

Regulation .10 repealed and new Regulations .10—10-7 adopted effective May 24, 1993 (20:10 Md. R. 853)

Regulation .10G amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .11D amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .14B, N amended effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .16-1 adopted effective April 1, 1991 (18:6 Md. R. 690) (Regulation .16-1 was initially adopted as Regulation .17. The recodification to Regulation .16-1 negated the need for some changes to cross-references shown in the Maryland Register.)

Regulation .20A amended effective December 23, 1991 (18:25 Md. R. 2759)

Chapter revised effective April 11, 1994 (21:7 Md. R. 533)

Regulation .01A amended effective August 28, 1995 (22:17 Md. R. 1321)

Regulation .01 amended effective September 10, 1997 (24:5 Md. R. 413)

Regulation .05F, H amended effective May 5, 1997 (24:9 Md. R. 659)

Regulation .07D amended effective September 10, 1997 (24:5 Md. R. 413)

Regulation .08A amended effective September 10, 1997 (24:5 Md. R. 413)

Regulation .08B amended effective August 28, 1995 (22:17 Md. R. 1321)

Regulation .10A amended effective September 10, 1997 (24:5 Md. R. 413)

Regulation .14N amended effective September 10, 1997 (24:5 Md. R. 413)

Regulation .16A, F amended effective May 8, 1995 (22:9 Md. R. 648)

Regulation .16D amended effective September 10, 1997 (24:5 Md. R. 413)

Regulation .17-1 adopted effective September 10, 1997 (24:5 Md. R. 413)

Regulation .17-2 adopted effective September 10, 1997 (24:5 Md. R. 413)

Regulation .17-3 adopted effective September 10, 1997 (24:5 Md. R. 413)

Regulation .17-4 adopted effective September 10, 1997 (24:5 Md. R. 413)

Regulation .21 repealed effective May 5, 1997 (24:9 Md. R. 659)

Chapter revised effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .01A amended effective November 1, 2002 (29:21 Md. R. 1647); May 1, 2008 (35:8 Md. R. 809); May 3, 2021 (48:9 Md. R. 359); January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876)

Regulation .01D amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .02C amended effective November 1, 2002 (29:21 Md. R. 1647)

Regulation .02C, D amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-1 recodified from COMAR 26.13.06.01 effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .02-2 adopted effective January 13, 2022 (49:1 Md. R. 14)

Regulation .03E, G amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .04G amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .05 amended effective September 11, 2006 (33:18 Md. R. 1507)

Regulation .05A, C amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .05B amended effective November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14)

Regulation .05B, F amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .05C, D amended effective January 13, 2022 (49:1 Md. R. 14); October 1, 2025 (52:17 Md. R. 876)

Regulation .07 amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .08B amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .11 amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .12 amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .13L amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .14 amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .14N amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .16F amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .17-3E amended effective November 1, 2002 (29:21 Md. R. 1647)

Regulation .18 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .18-1 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .18-2 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .18-3 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .21 adopted effective May 1, 2008 (35:8 Md. R. 809)