Sec. 26.10.03.08. Upgrading of Existing UST Systems

A. Not later than December 22, 1998, all UST systems containing a regulated substance, except heating oil for consumptive use, shall comply with one of the following requirements:

(1) New UST system performance standards under this chapter;

(2) The upgrading requirements in §§B-D of this regulation; or

(3) Closure requirements under COMAR 26.10.10, including applicable requirements for corrective action under COMAR 26.10.09.

B. Tank Upgrading Requirements.

(1) Steel UST systems shall meet the requirements of either §B(2) or (3) of this regulation.

(2) Cathodic Protection. A tank shall be upgraded by cathodic protection if the cathodic protection system meets the requirements of Regulation .01B(2)(a) of this chapter and the integrity of the tank is ensured using one of the following methods:

(a) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes before installing the cathodic protection system.

(b) The tank has been installed for less than 10 years and is monitored monthly for releases in accordance with COMAR 26.10.05.04E-I.

(c) The tank has been installed for less than 10 years and is assessed by conducting two tightness tests that meet the requirements of COMAR 26.10.05.04D. The first tightness test shall be conducted before installing the cathodic protection system. The second tightness test shall be conducted between 3 and 6 months following the first operation of the cathodic protection system.

(d) The tank is assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than §B(2)(a)-(c) of this regulation.

(3) Internal Lining Combined With Cathodic Protection. A tank may be upgraded by both internal lining and cathodic protection under all of the following conditions:

(a) The lining is installed in accordance with the requirements of COMAR 26.10.04.04 and 26.10.02.06G.

(b) Tanks not meeting the recommendations of API Publication 1631 may not be relined.

(c) A storage system to which an interior lining has been applied shall have a cathodic protection system installed to prevent further corrosion of the system. This system shall be of the impressed current type and the installation shall be designed, inspected, and installed under the supervision of a corrosion expert.

(d) A storage system which has had an interior lining applied shall be tested by a precision test before being placed back into service.

(e) An owner and operator shall determine if there is evidence of a discharge from the UST system where the discharge is most likely to be present before applying interior lining.

(f) The owner of the underground storage system shall maintain a written certification from the contractors performing the work in §B(3) of this regulation. This written certification shall state that all work has been done in accordance with the requirements of this regulation. The certification shall be made available for inspection by the Department.

(g) Within 10 years after lining, and every 5 years after that, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications.

C. Piping Upgrading Requirements. Metal piping that is in contact with the ground shall be cathodically protected and shall meet the requirements of Regulation .02B(2) of this chapter.

D. Spill and Overfill Prevention Equipment. All existing UST systems shall comply with new UST system spill and overfill prevention requirements specified in Regulation .03 of this chapter.

E. An owner and an operator may not allow a regulated substance to be delivered to or dispensed from an underground storage tank system that is not upgraded in accordance with this chapter.