Sec. 26.10.02.02. Applicability

A. Requirements.

(1) The requirements of COMAR 26.10.02-26.10.11 apply to all owners and operators of an UST system, as defined in Regulation .04 of this chapter, that is used or may be used to store a regulated substance, except as otherwise provided in §§B and C of this regulation.

(2) A new or replaced UST, including an emergency generator tank, shall have interstitial monitoring in accordance with COMAR 26.10.05.04H.

(3) New or replaced secondary containment piping shall meet the requirements of COMAR 26.10.05.02D(4).

B. The following UST systems are excluded from the requirements of COMAR 26.10.02-26.10.11:

(1) Any UST system holding hazardous wastes listed or identified under Subtitle C of the Resource Conservation and Recovery Act or a mixture of such hazardous waste and other regulated substances;

(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under §402 or 307(b) of the Clean Water Act (33 U.S.C. §466 et seq.);

(3) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

(4) Any UST system that contains a de minimus concentration of regulated substances;

(5) Any emergency spill or overflow containment UST system that is expeditiously emptied after use;

(6) Any residential UST system as defined under COMAR 26.10.02.04B(64);

(7) Any farm UST system as defined under COMAR 26.10.02.04B(64).

C. Deferrals.

(1) COMAR 26.10.03-26.10.08, 26.10.10, and 26.10.11 do not apply to wastewater treatment tank systems that do not store a regulated substance.

(2) COMAR 26.10.05 does not apply to an UST system installed or replaced before March 1, 2008, that stores oil solely for use by emergency power generators.

(3) COMAR 26.10.03.08, 26.10.05, and 26.10.11 do not apply to an UST system that stores heating oil only for consumptive use.