Md. Code Regs. 26.10.01.16

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.10.01.16 - Requirements for Oil Delivery by Truck Tanks and Transports

A. A permittee and a person in charge of the transportation, transfer, or delivery of oil shall use:

(1) A truck tank or transport equipped with transfer hoses and fittings of a grade suitable for the type of oil transferred and for the type of delivery;

(2) A truck tank or transport equipped with transfer hoses designed to withstand pressure of the shut-off head of the cargo pump or pump relief valve setting; and

(3) Vehicles that are in compliance with:

(a) The Maryland Department of Transportation requirements for transportation of hazardous materials under COMAR 11.16.01 and motor carrier safety under COMAR 11.21.01; and

(b) NFPA 385 "Standard for Tank Vehicles for Flammable and Combustible Liquids".

B. A permittee and a person in charge of the transportation, transfer, or delivery of oil by truck tank or transport shall:

(1) Provide a driver safety training program annually that instructs drivers employed by the permittee or the person in charge on:

(a) Truck tank, transport, and oil delivery operations;

(b) The oil pollution control and storage tank system provisions in COMAR 26.10.01-26.10.04, 26.10.17, and 26.10.18;

(c) The requirement for the reporting, containment, and removal of an oil spill, release, or discharge; and

(d) The conditions of the permittee's Individual Oil Operations Permit;

(2) Ensure a driver employed by the permittee or the person in charge is knowledgeable of and follows the requirements under Regulation .17 of this chapter;

(3) Maintain records demonstrating compliance with the training requirement under §B(1) of this regulation;

(4) Within 30 days of hire, provide a truck tank or transport driver with safety training in accordance with §B(1) of this regulation;

(5) Provide each truck tank or transport with:

(a) Materials to be used for the prompt containment and removal of an oil spill, release, or discharge; and

(b) One portable fire extinguisher that has a minimum rating of 4-A:40-B:C, or at least two portable fire extinguishers with a rating of 2-A:20-B:C;

(6) Ensure the Department's emergency spill reporting telephone number listed in the Individual Oil Operations Permit is conspicuously posted in each truck tank and transport authorized under the permit for the transportation, transfer, or delivery of oil;

(7) Meet insurance requirements for the transportation, transfer, and delivery of oil;

(8) On an annual basis or at least every 25,000 miles, perform preventative maintenance on a truck tank or transport in accordance with 49 CFR Part 396 and COMAR 11.14;

(9) Inspect and test each truck tank and transport used for the transportation of flammable petroleum liquids in accordance with 49 CFR § 180.407;

(10) Obtain and properly display a:

(a) U.S. Department of Transportation number for each interstate truck tank or transport the permittee or the person in charge uses in the transportation, transfer, or delivery of oil; and

(b) Maryland State Highway Administration identification number for each intrastate truck tank or transport the permittee or the person in charge uses in the transportation, transfer, or delivery of oil;

(11) Register each placarded truck tank or transport in accordance with 49 CFR Part 107 ; and

(12) Meet zoning requirements for commercial vehicles when parking a truck tank or transport in the State.

C. A permittee and a person in charge may not deliver oil by truck tank or transport to:

(1) A UST system that is not registered with the Department in accordance with COMAR 26.10.03.09;

(2) An AST system that is not registered with the Department in accordance with Regulation .10 of this chapter;

(3) An oil storage tank in which the Department has:

(a) In accordance with COMAR 26.10.02.03C, issued a notice of a delivery ban to the owner, the operator, and the person in charge of the oil storage tank system; and

(b) Affixed a monitoring device, such as a tag, notice, or locking mechanism, to the fill; or

(4) A storage tank system or a residential heating oil tank that is:

(a) Visibly spilling or releasing oil;

(b) In poor or damaged condition; or

(c) In an unstable condition.

D. A person may not fuel or refuel a vessel from a truck tank or transport at a public marina.

E. Class II liquid from a truck tank or transport may be dispensed to a vessel located at a commercial, industrial, government, or manufacturing facility if the following requirements are met:

(1) The vessel is used in connection with the facility's business;

(2) The owner, the operator, and the person in charge of the facility controls access to the fueling or refueling area, with the fueling or refueling area not accessible to the general public;

(3) The dispensing hose does not exceed 50 feet in length;

(4) The dispensing nozzle is a UL listed, automatic-closing type without a latch-open device;

(5) A nighttime delivery only occurs in an area that is adequately lighted;

(6) The driver or the person in charge at the facility ensures the flasher lights of the truck tank or transport are in operation during all fueling and refueling activities;

(7) The driver ensures there is adequate fuel expansion space left in each fuel tank of the vessel being filled to prevent a spill, release, or discharge because of temperature increase; and

(8) The owner, the operator, and the person in charge of a facility where the oil is delivered by truck tank or transport to a vessel:

(a) Maintains sufficient spill containment materials for a spill, release, or discharge of, at a minimum, 100 gallons of oil on land or in waters of the State; and

(b) Locates the spill containment materials in an easily identifiable area near to where fueling operations occur.

Md. Code Regs. 26.10.01.16

Regulations .16 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .16, amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)
Regulation .16 amended effective February 18, 2002 (29:3 Md. R. 223); Regulations .16 adopted effective January 28, 1985 (12:2 Md. R. 134)
Regulations .16, amended as an emergency provision effective January 18, 1993 (20:3 Md. R. 256); amended permanently effective July 18, 1993 (20:13 Md. R. 1050)
Regulation .16 amended effective February 18, 2002 (29:3 Md. R. 223); adopted effective 49:12 Md. R. 642, eff. 6/13/2022