Sec. 26.11.24.03. General Requirements

A. New Gasoline Dispensing Facilities. An owner or operator of a new gasoline dispensing facility may not operate the gasoline dispensing facility unless it is equipped and operated with an approved system.

A-1. Newly Constructed Gasoline Dispensing Facilities. Notwithstanding §A of this regulation, an owner or operator of a gasoline dispensing facility constructed on or after the effective date of this regulation may operate the gasoline dispensing facility without installing and operating a Stage II vapor recovery system.

B. Existing Gasoline Dispensing Facilities. Except as provided in §§A-1 and C of this regulation and Regulation .03-1A of this chapter, an owner or operator of an existing gasoline dispensing facility may not operate that gasoline dispensing facility after the following dates, unless it is equipped and operated with an approved system:

(1) November 15, 1993, if the monthly gasoline throughput during calendar years 1990 and 1991 was 100,000 gallons or more; or

(2) November 15, 1994, if the monthly gasoline throughput during calendar years 1990 and 1991 was less than 100,000 gallons.

C. Existing Independent Small Business Gasoline Marketers. After the dates listed below, an existing independent small business gasoline marketer may not operate a gasoline dispensing facility unless it is equipped and operated with an approved system:

(1) November 15, 1994, for an independent small business gasoline marketer with one or two facilities; or

(2) November 15, 1995, for an independent small business gasoline marketer with three or more facilities, if at least 1/3 of the facilities are equipped and operated with an approved system by November 15, 1993 and at least 2/3 of the facilities are equipped and operated with an approved system by November 15, 1994.

D. If an owner of an existing gasoline dispensing facility subject to this chapter replaces a gasoline storage tank after November 15, 1990, the owner shall install all underground piping required by this chapter and perform a leak and liquid blockage test.

E. After the applicable dates established in §§A-C of this regulation, an operator may not use or allow the use of defective equipment associated with the transfer of gasoline from a stationary gasoline storage tank to motor vehicle fuel tanks.

F. The operator may not install or use a replacement part in an approved system unless that part has been certified by CARB or approved by the Department for the approved system.

G. The owner shall ensure that all underground piping is installed in accordance with the Department's requirements related to underground storage tanks, which are set forth in COMAR 26.10.03.

H. Gasoline storage tanks serving a gasoline dispensing facility that is subject to this chapter shall be equipped with a properly designed and installed pressure and vacuum valve with minimum pressure and vacuum settings as specified in the CARB Executive Order for that system.

I. If an approved system is certified under more than one Executive Order, the most recent Executive Order shall apply.

J. Stage I Vapor Recovery. An owner or operator of a gasoline tank truck or an owner or operator of a gasoline dispensing facility subject to this regulation may not cause or permit gasoline to be loaded into a stationary tank unless the loading system is equipped with a Stage I vapor balance system that is properly installed, maintained, and operated.