.12 Requirements for Above-Ground Oil Storage Facilities.

A. Standards Incorporated by Reference.

(1) Storage tanks, venting, piping, and metering devices installed shall be in accordance with the appropriate standards of the National Fire Protection Association, the American Petroleum Institute, and the Petroleum Equipment Institute. Any underground piping associated with above-ground oil systems shall be installed in accordance with the requirements of COMAR

(2) The following National Fire Protection Association standards are incorporated by reference:

(a) "NFPA 30 Flammable and Combustible Liquids Code 2008 Edition";

(b) "NFPA 31 Standard for the Installation of Oil-Burning Equipment Code 1997 Edition", as incorporated in COMAR; and

(c) "NFPA 30A Code for Motor Fuel Dispensing Facilities and Repair Garages 2008 Edition".

(3) The following American Petroleum Institute Standards are incorporated by reference:

(a) Standard Number 650, 1980, "Welded Steel Tanks for Oil Storage", Seventh Edition;

(b) Standard Number 620, 1982, "Recommended Rules for Design and Construction of Large, Welded, Low-Pressure Storage Tanks", Seventh Edition;

(c) Standard Number 2000, 1982, "Venting Atmospheric and Low-Pressure Storage Tanks (Non-refrigerated and Refrigerated)", Third Edition;

(d) Specification Number 12 B, 1977 (and Supplement 1, 1982), "Specification for Bolted Tanks for Storage of Production Liquids", Twelfth Edition;

(e) Specification Number 12 D, 1982 (and Supplement 1, 1983), "Specification for Field Welded Tanks for Storage of Production Liquids", Ninth Edition;

(f) Specification Number 12 F, 1982 (and Supplement 1, 1983), "Specification for Shop Welded Tanks for Storage of Production Liquids", Eighth Edition.

(4) The following Petroleum Equipment Institute recommended practice is incorporated by reference: "PEI/RP200-96 Recommended Practice for Installation of Above-ground Storage Systems for Motor Vehicle Fueling".

B. The following requirements apply to all above-ground oil storage facilities:

(1) Above-ground storage sites with storage capacity of 10,000 gallons or more shall be surrounded with a continuous dike or wall capable of effectively holding the total volume of the largest storage container located within the area enclosed by the dike or wall. The construction and composition of this emergency holding area shall prevent movement of oil from this area into the waters of the State. The nature of the soil and the ground water conditions at the site shall be taken into consideration in the design or location, or both, of this emergency holding area. The floor and walls of the emergency holding areas shall have a permeability of 10(-4th power) centimeters/second or less as measured by a test approved by the Department. The Administration reserves the right to require oil storage facilities of less than 10,000 gallons capacity to be diked if the facility is in a location likely to pollute the waters of the State.

(2) The Administration may exempt from this diking requirement any facility that can provide adequate alternative procedures for oil spill control. Request for this exemption shall be submitted to the Administration in writing. The Administration shall advise the person of approval or disapproval in writing.

(3) The construction of above-ground oil storage tanks, dikes, or walls within the tidal wetlands or within the 100-year flood plain is prohibited unless a State Wetlands Permit is first obtained from the Department.

(4) Each pipeline which is connected to a tank below the liquid level shall have valves located immediately adjacent to the storage tank.

(5) Seams, rivets, nozzle connections, valves, pumps, and pipelines directly connected to above-ground storage tanks shall be visually examined at least once a month for any oil leaks. Any leaks shall be promptly corrected.

(6) Any oil contaminated surface drainage leaving the containment area shall be passed through an oil separating system approved by the Administration, unless other oil pollution control measures acceptable to the Administration are provided.

(7) Flapper-type drain valves may not be used to drain diked areas. Drain valves for dikes shall be kept in the closed position, and shall be locked when not used to drain trapped water.

(8) A high liquid level gauge, an alarm system, or a pump cut-off device shall be installed by the owner or person in charge on any oil storage tank, from which the Administration determines an overflow of oil is possible. Since these emergency devices can fail to operate, their use for spill prevention purposes shall be considered only as auxiliary and supplementary to the use of personnel engaged in the transfer operation.

(9) Before each filling of an existing oil storage system, the liquid level shall be gauged and the measurement shall be recorded in writing. The gauging records shall be maintained for 30 days and shall be made available for reasonable inspection by the Administration. This requirement does not apply to any oil storage system installed before April 21, 1978, without provisions for the measurement of content.

(10) The Administration may require additional procedures for an oil storage system not having a vent which may be seen by the person positioned at the fill.