The EPA revisions to 40 CFR 280 Underground Storage Tank Regulation will soon be implemented by the Maryland Department of the Environment through revisions to COMAR 26.10.

Until the revisions become finalized and printed in the Maryland Register, Tank Owners should not take actions or make decisions affecting their facilities. However, there are a variety of items in the draft regulations which are clearly of concern for owners of aboveground storage tanks.  These include the requirement for the following sites to obtain an Oil Operations Permit from MDE:

  1. All marinas with aggregate storage > 1,320 gallons;
  1. Sites involved in the reuse and processing of waste oil with aggregate storage > 1,000 gallons; or,
  1. Sites equipped with a loading/unloading rack for truck tanks or tank cars.

There is also a proposed new registration program for aboveground tanks at sites where aggregated storage is > 2,000 gallons.  Note:  Neither residential nor farm tanks are exempt from this requirement.

Many residential sites have been contaminated by past leakages from underground heating oil storage tanks.  The proposed regulations contain requirements for all new residential heating oil tanks to be installed in double wall tanks protected in the same fashion from corrosion control as all other regulated underground fuel tanks in Maryland.  This requirement for corrosion control also applies to underground piping.

Another aspect of the proposed revisions to COMAR 26.10 include updates to those codes and standards that are mandatory since they are incorporated by reference.  The new references include the following:

A. Flammable and Combustible Liquids Code (NFPA 30, 2018 Edition),

B. Code for Motor Fuel Dispensing Facilities and Repair Garages (NFPA 30A, 2018 Edition);

C. Standard for the Installation of Oil-Burning Equipment (NFPA 31, 2016 Edition);   

D. Standard for Tank Vehicles for Flammable and Combustible Liquids (NFPA 385, 2017 Edition); 

E. Recommended Practices for Installation of Aboveground Storage Systems for Motor-Vehicle Fueling (Petroleum Equipment Institute Publication PEI/RP 200-13, 2013 Edition); and 

F. Recommended Practices for the Installation of Marina Fueling Systems (Petroleum Equipment Institute Publication PEI/RP 1000-14, 2014 edition).

There are also two new chapters being proposed for COMAR 26.10.  These are Chapter 17:  Shop Fabricated Aboveground Storage Tanks and Chapter 18 Field Erected Aboveground Storage Tanks.  There are a variety of inspections and tests required in these new chapters for aboveground tanks.  Also, it is proposed that all future API 653 inspection reports for field erected tanks will be submitted to MDE.