Rule2025-17519
Maryland: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2025
Effective
November 10, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of Maryland's Underground Storage Tank (UST) program submitted by Maryland (Maryland or State). This action also codifies EPA's approval of Maryland's state program and incorporates by reference (IBR) those provisions of Maryland's regulations and statutes that EPA has determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions.
Full Text
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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Rules and Regulations]
[Pages 43936-43942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17519]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R03-UST-2025-0091; FRL 12797-02-R3]
Maryland: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Pursuant to the Solid Waste Disposal Act of 1965, as amended
(commonly known as the Resource Conservation and Recovery Act (RCRA)),
the Environmental Protection Agency (EPA) is taking direct final action
to approve revisions to the State of Maryland's Underground Storage
Tank (UST) program submitted by Maryland (Maryland or State). This
action also codifies EPA's approval of Maryland's state program and
incorporates by reference (IBR) those provisions of Maryland's
regulations and statutes that EPA has determined meet the requirements
for approval. The provisions will be subject to EPA's inspection and
enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I
and other applicable statutory and regulatory provisions.
DATES: This rule is effective November 10, 2025, unless EPA receives
significant negative comments opposing this action by October 14, 2025.
If EPA receives significant negative comments opposing this action, EPA
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. The incorporation by
reference of certain publications listed in the regulations is approved
by the Director of the Federal Register, as of November 10, 2025, in
accordance with 5 U.S.C. 552(a) and 1 Code of Federal Regulations (CFR)
part 51.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the on-line instructions for submitting comments.
2. Email: <a href="/cdn-cgi/l/email-protection#f4818d96958686918095da809c9b999587b4918495da939b82"><span class="__cf_email__" data-cfemail="d0a5a9b2b1a2a2b5a4b1fea4b8bfbdb1a390b5a0b1feb7bfa6">[email protected]</span></a>.
Instructions: Direct your comments to Docket ID No. EPA-R03-UST-
2025-0091.
EPA's policy is that all comments received will be included in the
public docket without change and may be available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or
email. The Federal website, <a href="https://www.regulations.gov">https://www.regulations.gov</a>, is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment. If EPA
cannot read your comment due to technical difficulties, and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. EPA
encourages electronic submittals, but if you are unable to submit
electronically, please reach out to the EPA contact person listed in
this document for assistance. If you need assistance in a language
other than English, or you are a person with
[[Page 43937]]
disabilities who needs a reasonable accommodation at no cost to you,
please reach out to the EPA contact person by email or phone.
Docket: All documents in the docket are listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Publicly
available materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Thomas UyBarreta, (215) 814-2953,
<a href="/cdn-cgi/l/email-protection#1c69657e7d6e6e79687d32687473717d6f5c796c7d327b736a"><span class="__cf_email__" data-cfemail="94e1edf6f5e6e6f1e0f5bae0fcfbf9f5e7d4f1e4f5baf3fbe2">[email protected]</span></a>, RCRA Programs Branch; Land, Chemicals, and
Redevelopment Division, EPA Region 3, Four Penn Center, 1600 John F.
Kennedy Blvd., (Mailcode 3LD30), Philadelphia, PA 19103.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Maryland's Underground Storage Tank Program
A. Why are revisions to state programs necessary?
Section 9004 of RCRA authorizes EPA to approve state underground
storage tank (UST) programs to operate in lieu of the Federal UST
program. EPA may approve a state program if the state demonstrates,
pursuant to section 9004(a), 42 U.S.C. 6991c(a), that the state program
includes the elements set forth at section 9004(a)(1) through (9), 42
U.S.C. 6991c(a)(1) through (9), and provides for adequate enforcement
of compliance with UST standards (section 9004(a), 42 U.S.C. 6991c(a)).
Additionally, EPA must find, pursuant to section 9004(b), 42 U.S.C.
6991c(b), that the state program is ``no less stringent'' than the
Federal program in the elements set forth at section 9004(a)(1) through
(7), 42 U.S.C. 6991c(a)(1) through (7). States such as Maryland that
have received final UST program approval from EPA under section 9004 of
RCRA must, in order to retain such approval, revise their approved
programs when the controlling Federal or state statutory or regulatory
authority is changed and EPA determines a revision is required. In
2015, EPA revised the Federal UST regulations and determined that
states must revise their UST programs accordingly.
B. What decisions has EPA made in this rule?
On June 28, 2024, in accordance with 40 CFR 281.51, Maryland
submitted a complete program revision application seeking EPA approval
for its UST program revisions (State Application). Maryland's revisions
correspond to the EPA final rule published on July 15, 2015 (80 FR
41566), which revised the 1988 UST regulations and the 1988 state
program approval (SPA) regulations. As required by 40 CFR 281.20, the
State Application contains the following: a transmittal letter
requesting program approval; a description of the program and operating
procedures; a demonstration of the State's procedures to ensure
adequate enforcement; a Memorandum of Agreement outlining the roles and
responsibilities of EPA and the implementing agency; an Attorney
General's statement in accordance with 40 CFR 281.24 certifying to
applicable State authorities; and copies of all relevant State statutes
and regulations. EPA has reviewed the State Application and determined
that the revisions to Maryland's UST program are no less stringent than
the corresponding Federal requirements in subpart C of 40 CFR part 281,
and that Maryland's program provides for adequate enforcement of
compliance (40 CFR 281.11(b)). Therefore, EPA grants Maryland final
approval to operate its UST program with the changes described in the
State Application, and as outlined below in section I.G. of this
preamble.
C. What is the effect of this approval decision?
This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already effective in Maryland, and they are not changed by this
action. This action merely approves the existing State regulations as
meeting the Federal requirements and renders them federally
enforceable.
D. Why is EPA using a direct final rule?
EPA is publishing this direct final rule concurrently with a
proposed rulemaking because EPA views this as a noncontroversial action
and anticipates no significant negative comment. EPA is providing an
opportunity for public comment now.
E. What happens if EPA receives comments that oppose this action?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of this Federal Register
that serves as the proposal to approve the State's UST program
revisions, providing opportunity for public comment. If EPA receives
significant negative comments that oppose this approval, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will not make any
further decision on the approval of the State program changes until it
considers any significant negative comment received during the comment
period. EPA will address any significant negative comment in a later
final rule. You may not have another opportunity to comment. If you
want to comment on this approval, you must do so at this time.
F. For what has Maryland previously been approved?
On June 30, 1992, EPA finalized a rule approving Maryland's UST
program, effective July 30, 1992 (57 FR 29034), to operate in lieu of
the Federal program.
G. What changes is EPA approving with this action?
On June 28, 2024, in accordance with 40 CFR 281.51, Maryland
submitted a complete application for final approval of its UST program
revisions adopted and effective on June 13, 2022. EPA has reviewed
Maryland's UST program requirements and determined that such
requirements are no less stringent than the Federal regulations and
that the criteria set forth in 40 CFR part 281, subpart C are met. As
part of the State Application, the Attorney General for Maryland
certified that the laws and regulations of Maryland provide adequate
authority to carry out a program that is ``no less stringent'' than the
Federal requirements in 40 CFR part 281. EPA is relying on this
certification in addition to the analysis submitted by Maryland in
making our determination. EPA now makes an immediate final decision,
subject to receipt of any significant negative written comments that
oppose this action, that Maryland's UST program revisions satisfy all
of the requirements necessary to qualify for final approval. Therefore,
EPA grants Maryland final approval for the following program changes:
[[Page 43938]]
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Required Federal element Implementing State authority
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40 CFR 281.30, New UST Systems and Code of Maryland Regulations
Notification. (COMAR) 26.10.02.01A(2),
26.10.03.01A-B, 26.10.03.02A
and .02B, 26.10.03.03A(1) and
A(2)(a)-(b), 26.10.03.03B and
.03(C)(2), 26.10.03.09,
26.10.05.01A(4) and .01B,
26.10.05.02D(3)(b),
26.10.12.02A, Md. Code,
Environment Article, 4-
411.1(a).
40 CFR 281.31, Upgrading Existing UST COMAR 26.10.02.01A(4)-(5),
Systems. 26.10.03.08B and D-G,
26.10.12.01A-B and .03A-B.
40 CFR 281.32, General Operating COMAR 26.10.03.01B(3), .02B(2),
Requirements. .03, and .07, 26.10.04.01-.05.
40 CFR 281.33, Release Detection....... COMAR 26.10.02.01A(2) and (6),
26.10.05.01-.05, 26.10.12.02A
and .05.
40 CFR 281.34, Release Reporting, COMAR 26.10.01.05,
Investigation, and Confirmation. 26.10.04.01B, 26.10.08.01-.04.
40 CFR 281.35, Release Response and COMAR 26.10.09.01-.08.
Corrective Action.
40 CFR 281.36, Out-of-service Systems COMAR 26.10.10.01-.04, Md.
and Closure. Code, Environment Article 4-
411.1(c).
40 CFR 281.37, Financial Responsibility COMAR 26.10.11.01-.04, Md.
for USTs Containing Petroleum. Code, Environment Article 4-
409(b).
40 CFR 281.38, Lender Liability........ COMAR 26.10.01.02B(57), Md.
Code, Environment Article, 4-
401(f), (j).
40 CFR 281.39, Operator Training....... COMAR 26.10.16.01-.09.
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The State also demonstrates that its program provides adequate
enforcement of compliance as described in 40 CFR 281.11(b) and part
281, subpart D. Maryland's lead implementing agency, the Maryland
Department of the Environment (MDE), has broad statutory and regulatory
authority with respect to USTs to regulate installation, operation,
maintenance, closure and UST releases, and to the issuance of orders.
The statutory authority is found in Maryland's Environment Article in
the following sections: 1-101, 4-401, 4-405, 4-408-412, 4-415-419, 4-
501 and 7-201 and 7-702 and in its State Government Article at sections
10-206 and 10-226. The regulatory authority is found in Maryland's
regulations, Oil Pollution Control and Storage Tank Management, Title
26, Subtitle 10, Chapters 01-18 (COMAR 26.10.01-18).
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions
Where an approved state program has a greater scope of coverage
than required by Federal law, the additional coverage is not part of
the federally-approved program and is not federally enforceable (40 CFR
281.12(a)(3)(ii)). The following Maryland requirements are considered
``broader in scope'' than the Federal program:
<bullet> The State regulates aboveground tanks. See, e.g., COMAR
Title 26 Subtitle 10 Chapters 02, 17, 18.
<bullet> The State regulates underground farm tanks, underground
residential tanks and underground residential heating oil tanks that
are no longer in use. COMAR 26.10.10.02.
<bullet> The State regulates persons who are not owners or
operators of underground storage tanks. See, e.g., Maryland's
Environment Article at section 4-401(j); COMAR Title 26 Subtitle 10
Chapter 1 Regulations .08., .13 and .14.
<bullet> The State requires permits for owners or operators of
certain USTs. See, e.g., COMAR 26.10.01.
<bullet> The State requires certification of persons other than
installers. COMAR 26.10.06.
<bullet> The State assesses fees on oil transfers. COMAR
26.10.01.08.F.
In accordance with 40 CFR 281.12(a)(3)(ii), the additional coverage
listed above is not part of the federally-approved program and is not
federally enforceable.
II. Codification
A. What is codification?
Codification is the process of placing a state's statutes and
regulations that comprise the state's approved program into the Code of
Federal Regulations (CFR). Section 9004(b) of RCRA, as amended, allows
EPA to approve state UST programs to operate in lieu of the Federal
program. EPA codifies its authorization of state programs in 40 CFR
part 282 and incorporates by reference state statutes and regulations
that EPA will enforce under sections 9005 and 9006 of RCRA and any
other applicable statutory provisions. The incorporation by reference
of state authorized programs in the CFR should substantially enhance
the public's ability to discern the current status of the approved
state program and state requirements that can be federally enforced.
This effort provides clear notice to the public of the scope of the
approved program in each state.
B. What is the history of codification of Maryland's UST program?
EPA has not previously incorporated by reference Maryland's
approved UST program. In this document, EPA is amending 40 CFR 282 to
include the approved revised program at 40 CFR 282.70.
C. What codification decisions has EPA made in this rule?
Incorporation by reference: In this rule, EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of provisions of Maryland statutes and
regulations pertaining to USTs as described in sections I.G., I.H. and
II.E. of this preamble that are applicable for Federal enforcement
purposes. The specific requirements to be incorporated are set forth
below in the amendments to 40 CFR part 282. EPA has made, and will
continue to make, these documents generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region 3 office (see the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
One purpose of this Federal Register document is to codify
Maryland's approved UST program. The codification reflects the State
program that will be in effect at the time EPA's approved revisions to
Maryland's UST program addressed in this direct final rule become
final. If, however, EPA receives any significant negative comment
opposing the proposed rulemaking then this codification will not take
effect, and the State rules that are approved after EPA considers
public comment will be codified instead. This document incorporates by
reference Maryland's UST statutes and regulations and clarifies which
of these provisions are included in the approved and federally-
enforceable program. By codifying the approved Maryland program and by
amending the CFR, the public will more easily be able to discern the
status of the federally-
[[Page 43939]]
approved requirements of the Maryland program.
EPA is incorporating by reference the Maryland approved UST program
in 40 CFR 282.70. Section 282.70(d)(1)(i) incorporates by reference for
enforcement purposes the State's statutes and regulations.
Section 282.70(d) also references the Attorney General's Statement,
Demonstration of Adequate Enforcement Procedures, the Program
Description, and the Memorandum of Agreement, which are approved as
part of the UST program under Subtitle I of RCRA. These documents are
not incorporated by reference.
D. What is the effect of Maryland's codification on enforcement?
The EPA retains the authority under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions and to issue orders in approved states. If EPA
determines it will take such actions in Maryland, EPA will rely on
Federal sanctions, Federal inspection authorities, and Federal
procedures rather than the State's authorized analogs to these
provisions. Therefore, EPA is not incorporating by reference such
approved Maryland's procedural and enforcement authorities. Section
282.70(d)(1)(ii) of 40 CFR lists those approved Maryland authorities
that would fall into this category.
E. What State provisions are not part of the codification?
The public also needs to be aware that some provisions of the
State's UST program are not part of the federally-approved State
program. These provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. Forty
CFR 281.12(a)(3)(ii) states that where an approved state program has a
greater scope of coverage than required by Federal law, the additional
coverage is not a part of the federally-approved program. As a result,
state provisions that are ``broader in scope'' than the Federal program
are not incorporated by reference for purposes of enforcement in part
282. Section 282.70(d)(1)(iii) lists for reference and clarity
Maryland's statutory and regulatory provisions that are ``broader in
scope'' than the Federal program and which are not, therefore, part of
the approved program being codified in this action. Provisions that are
``broader in scope'' cannot be enforced by EPA; the State, however,
will continue to implement and enforce such provisions under State law.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993) because this
action approves and codifies State requirements for the purpose of RCRA
section 9004 and imposes no additional requirements beyond those
imposed by State law. Therefore, this action was not subject to a
requirement for Executive Order 12866 review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 does not apply because actions that approve
and codify state requirements for the purpose of RCRA Section 9004 and
impose no additional requirements beyond those imposed by state law are
exempted from review under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA, 44 U.S.C. 3501 et seq. Burden is defined at
5 CFR 1320.3(b).
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq., because this action authorizes State requirements
pursuant to RCRA section 9004 and imposes no requirements beyond those
imposed by State law.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1501 et seq., and does not significantly or uniquely
affect small governments because this action approves and codifies pre-
existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67429, November 9, 2000) because currently
there are no federally recognized tribes in Maryland. Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13132: Federalism
This action will not have substantial direct effects on the states,
on the relationship between the national government and the states, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State
requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. Therefore,
this action is not subject to Executive Order 13045 because it approves
a State program.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Under RCRA section 9004(b), EPA grants a state's application for
approval as long as the state meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a state approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
section 12(d) of the NTTAA, 15 U.S.C. 272 note, do not apply to this
action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report containing this document and other required
information to each House of the Congress and the
[[Page 43940]]
Comptroller General of the United States prior to publication in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). However, this action will be
effective November 10, 2025 because it is a direct final rule.
Authority: This rule is issued under the authority of section
9004 of the Solid Waste Disposal Act of 1965, as amended, 42 U.S.C.
6991c.
List of Subjects in 40 CFR Part 282
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Oil pollution,
Penalties, Petroleum, Reporting and recordkeeping requirements, State
program approval, Surety bonds, Underground storage tanks, Water
pollution control, Water supply.
Amy Van Blarcom-Lackey,
Regional Administrator, EPA Region 3.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Add Sec. 282.70 to read as follows:
Sec. 282.70 Maryland State-Administered Program.
(a) The State of Maryland is approved to administer and enforce an
underground storage tank program in lieu of the Federal program under
subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Maryland Department of the Environment, was
approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA
approved Maryland's underground storage tank program on June 30, 1992,
and approval was effective on July 30, 1992. A subsequent program
revision application was approved by EPA and became effective on
November 10, 2025.
(b) Maryland has primary responsibility for administering and
enforcing its federally-approved underground storage tank program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities under sections 9005 and 9006 of subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has
taken its own actions, as well as under any other applicable statutory
and regulatory provisions.
(c) To retain program approval, Maryland must revise its approved
program to adopt new changes to the Federal Subtitle I program which
makes it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Maryland obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Maryland has final approval for the following elements of its
program application originally submitted to EPA and approved on June
30, 1992, and effective July 30, 1992, and the program revision
application submitted to EPA on June 28, 2024, and approved by EPA,
effective on November 10, 2025.
(1) State statutes and regulations--(i) Incorporation by reference.
The provisions cited in this paragraph (d)(1)(i), and listed in
appendix A to part 282, with the exception of the provisions cited in
paragraphs (d)(1)(ii) and (iii) of this section, are incorporated by
reference as part of the approved underground storage tank program in
accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability
of this information at the National Archives and Records Administration
and at the EPA, see Sec. 282.2(b). You may obtain copies of Maryland's
regulations and statutes that are incorporated by reference in this
paragraph (d)(1) from Maryland Department of the Environment, 1800
Washington Boulevard, Suite 620, Baltimore, MD 21230; phone number 410-
537-3442.
(A) Maryland Statutory Requirements Applicable to the Underground
Storage Tank Program, October 2022.
(B) Maryland Regulatory Requirements Applicable to the Underground
Storage Tank Program, June 2022.
(ii) Legal basis. EPA evaluated the following statutes and
regulations, which are part of the approved program, but they are not
being incorporated by reference for enforcement purposes, and do not
replace Federal authorities:
(A) The statutory provisions include:
(1) Md. Code, Environment, Sections: 4-405(a), 4-410, 4-411.1(b),
4-412, 4-415.1, 4-415-418, 4-501-502, 7-207(a), 7-222, 7-256, 7-262-
263, 7-266.
(2) Md. Code, State Government, Section 10-206.
(B) The regulatory provisions include:
(1) Code of Maryland Regulations, Title 26, Subtitle 10, Chapter
01, Regulations: .19 and .24 and Chapter 02, Regulations: .03.C, .04
and .05.
(2) Maryland Rules of Civil Procedure: Rule 2-214, Intervention.
(iii) Provisions not incorporated by reference. The following
statutory and regulatory provisions are ``broader in scope'' than the
Federal program, are not part of the approved program, and are not
incorporated by reference herein. These provisions are not federally
enforceable.
(A) Md. Code, Environment, Sections: 1.101, 4-401.1(e) and (i)
insofar as each definition includes tanks not regulated by the Federal
program and (j) insofar as it includes persons who are not owners or
operators of USTs; 4-402, 4-407-408, 4-411.2., 4-419-420, 4-701-708, 7-
201.
(B) Code of Maryland Regulations, Title 26, Subtitle 10, Chapter
01, Regulations: .01.A, B and C insofar as B and C include persons who
are not owners or operators of USTs; .02.B(1), (2), (3)(a)(i), (4),
(6), (9), (10)-(11), (14), (17), (23)(a), (28), (33), (36), (38)-(39),
(41)-(42), (49), (54), (58)-(60), (70)-(73), (76), (81)-(84), (87)-
(89), (92)-(93), (95)-(96), and (51), (53), (56)-(57), and (67) insofar
as each definition includes persons who are not owners or operators of
USTs and (50), (63), (65)-(66), (79), and (85)-(86) insofar as each
definition includes tanks or other units that are not regulated by the
Federal program; .03 insofar as includes documents pertaining to units
not regulated by the Federal program; .04, .05 and .06 insofar as each
applies to persons who are not owners or operators of USTs; .07-.17,
.18 insofar as applies to persons who are not owners or operators of
USTs, .19 and .20 insofar as each applies to persons who are not owners
or operators of USTs, .20B(2), .21-.23; Chapter 02 Regulations:
.02.B(41)(b)(i) insofar as includes tanks not regulated by the Federal
program; .03.B and D insofar as includes persons who are not owners or
operators of USTs; Chapter 08, Regulations .01-.04 insofar as include
persons who are not owners or operators of USTs; Chapter 09,
Regulations: .01.A-B and .02-.07 insofar as include persons who are not
owners or operators of USTs; Chapter 10, Regulations: .02.A insofar as
includes tanks not regulated by the Federal program, B, C, D(2)-(5)
insofar as include persons who are not owners or operators of USTs;
Chapter
[[Page 43941]]
12, Regulation .01 insofar as includes persons who are not owners or
operators of USTs; Chapters 06, 13, 14, 15, 17 and 18.
(2) Statement of legal authority. ``Attorney General's Statement''
signed by the Attorney General on May 7, 2024, though not incorporated
by reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the program revision application for approval on June 28, 2024,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(4) Program description. The program description and any other
material submitted as part of the program revision application for
approval on June 28, 2024, though not incorporated by reference, are
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 3 and the Maryland Department of the Environment, signed by
the EPA Regional Administrator on November 26, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
0
3. Appendix A to part 282 is amended by adding an entry in alphabetical
order for ``Maryland'' to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Maryland
(a) The statutory provisions include:
(1) Md. Code Title 1, Environment Article.
Section 4-401.1, except (e) and (i) insofar as each definition
includes tanks not regulated by the Federal program and (j), insofar
as it includes persons who are not owners or operators of USTs;
Section 4-409. Liability for oil spill damages, except (a) insofar
as includes persons who are not owners or operators of USTs.
Section 4-411.1. Underground oil storage facility registration,
except (b).
(2) [Reserved]
(b) The regulatory provisions include:
(1) Code of Maryland Regulations, Title 26, Department of the
Environment, Subtitle 10 Oil Pollution Control and Storage Tank
Management.
Chapter 01 Oil Pollution Control
Regulation .01 Scope and Applicability, B and C except insofar as
include persons who are not owners or operators of USTs.
Regulation .02 Definitions, B(3)(a)(ii) and (b), (5), (7)-(8), (12)-
(13), (15)-(16), (18)-(22), (23)(b), (24)-(27), (29)-(32), (34)-
(35), (37), (40), (43)-(48), (52), (55), (57), (61)-(62), (63)(b),
(64), (68)-(69), (74)-(75), (78), (80), (90)-(91), (94), and (51),
(53), (56)-(57), (67) except insofar as each definition includes
persons who are not owners or operators of USTs; and (50), (63),
(65)-(66), (79), (85)-(86) except insofar as each definition
includes tanks or other units that are not regulated by the Federal
program.
Regulation .03 Incorporation by Reference, except as to those
documents that pertain solely to units not regulated by the Federal
program.
Regulation .05 Reporting an Oil Spill, Release, or Discharge, except
C and D.
Regulation .06 Removal of an Oil Spill, Release or Discharge, except
insofar as includes persons who are not owners or operators of USTs.
Regulation .18 Requirements for Oil Transfers at Facilities, except
insofar as includes persons who are not owners or operators of USTs.
Regulation .20 Requirements for Motor Fuel Dispensing Facilities,
except insofar as includes persons who are not owners or operators
of USTs and B(2).
Chapter 02 Underground Storage Tank Systems
Regulation .01 Applicability.
Regulation .02 Definitions, except B(41)(b)(i) insofar as includes
tanks excluded by the Federal program.
Regulation .03 General Provisions for UST Systems, except B. insofar
as includes persons who are not owners or operators of USTs, C, D
insofar as it requires certification of persons other than
installers.
Chapter 03 UST Systems: Design, Construction, Installation,
Registration, and Inspection
Regulation .01 Performance Standards for New or Replacement UST
Systems.
Regulation .02 Performance Standards for Piping.
Regulation .03 Spill and Overfill Prevention Equipment.
Regulation .04 UST System Installation Standards.
Regulation .05 Precision Tightness Testing.
Regulation .06 Piping Installation.
Regulation .07 Compatibility.
Regulation .08 Upgrading Existing UST Systems.
Regulation .09 UST System Registration Requirements.
Regulation .10 UST System Inspection Requirements.
Chapter 04 UST Systems: General Operating Requirements
Regulation .01 Spill and Overfill Control.
Regulation .02 Operation and Maintenance of Corrosion Protection.
Regulation .03 Periodic Operation and Maintenance Walkthrough
Inspections.
Regulation .04 Repairs Allowed.
Regulation .05 Access, Reporting and Recordkeeping, except A insofar
as to persons who or not owners or operators of USTs.
Chapter 05 UST Systems: Release Detection
Regulation .01 Release Detection: General Requirements for All UST
Systems.
Regulation .02 Requirements for UST Systems.
Regulation .03 Requirements for Hazardous Substance UST Systems.
Regulation .04 Inventory Control.
Regulation .05 Method of Release Detection.
Regulation .06 Release Detection Recordkeeping.
Chapter 07 High Risk Oil Storage Facilities
Regulation .01 Scope.
Regulation .02 Definitions.
Regulation .03 New Gasoline UST System.
Regulation .04 Existing Gasoline UST System.
Regulation .05 Analytical Testing Methods--New or Existing Gasoline
UST Systems.
Regulation .06 Detection of Levels of Concern.
Regulation .07 High Risk Underground Oil Storage Facility.
Regulation .08 Recordkeeping.
Chapter 08 Spill, Release, and Discharge Reporting, Investigation, and
Confirmation
Regulation .01 Reporting of Suspected Spills, Releases, and
Discharges, except A and B(3) insofar as includes persons who are
not owners or operators of USTs.
Regulation .02 Investigation Due to Off-Site Impacts, except insofar
as to persons who are not owners or operators of USTs.
Regulation .03 Investigation and Confirmation Steps, except insofar
as to persons who are not owners or operators of USTs.
Regulation .04 Reporting and Remediating Spills, Releases,
Discharges, and Overfills, except insofar as to persons who are not
owners or operators of USTs.
Chapter 09 Spill, Release, and Discharge Response and Corrective Action
Regulation .01 General, except A and B as to persons who are not
owners or operators of USTs.
Regulation .02 Initial Response, except as to persons who are not
owners or operators of USTs.
Regulation .03 Initial Abatement Measures and Site Check, except A
and B as to persons who are not owners or operators of USTs.
Regulation .04 Initial Site Characterization, except A and B as to
persons who are not owners or operators of USTs.
Regulation .05 Free Product Removal, except A and B as to persons
who are not owners or operators of USTs.
Regulation .06 Investigations of Soil and Groundwater, except A and
B as to persons who are not owners or operators of USTs.
Regulation .07 Corrective Action Plan, except A-G as to persons who
are not owners or operators of USTs.
[[Page 43942]]
Chapter 10 Out-of-Service UST Systems and Closure
Regulation .01 Temporary Closure.
Regulation .02 Permanent Closure and Changes-in-Service, except as
to persons who are not owners or operators of USTs.
Regulation .03 Assessing the Site at Closure or Change-in-Service.
Regulation .04 Applicability to Previously Closed UST Systems.
Regulation .05 Closure Records.
Chapter 11 UST Financial Responsibility
Regulation .01 General.
Regulation .02 Incorporation by Reference.
Regulation .03 Additional Mechanism for Local Governments to
Demonstrate Financial Responsibility.
Regulation .04 Reporting Requirements.
Chapter 12 UST Systems with Field-Constructed Tanks and Airport Hydrant
Fuel Distribution Systems
Regulation .01 General Requirements, except as to persons who are
not owners or operators of USTs.
Regulation .02 Exception to Piping Secondary Containment
Requirements.
Regulation .03 Upgrade Requirements.
Regulation .04 Walkthrough Inspections.
Regulation .05 Release Detection.
Regulation .06 Applicability of Closure Requirements to Previously
Closed UST Systems.
Regulation .07 Access, Reporting, and Recordkeeping, except A as to
persons who are not owners or operators of USTs.
Chapter 16 Trained Facility Operators
Regulation .01 Scope.
Regulation .02 Definitions.
Regulation .03 Implementation.
Regulation .04 Requirements for Designated Operators.
Regulation .05 Requirements for Operator Training.
Regulation .07 Certification.
Regulation .08 Sanctions, except B.
Regulation .09 Recordkeeping.
(2) [Reserved]
* * * * *
[FR Doc. 2025-17519 Filed 9-10-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 11, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.