Report - Maryland Department of the Environment

Oil Control Program – Underground Storage Tank
Systems
PURPOSE
The underground storage tank function of the Oil Control Program (OCP) is a prevention
program that seeks to reduce the incidence and severity of releases associated with the
storage of regulated substances in Underground Storage Tank Systems (UST) throughout
the State of Maryland. This is accomplished through ensuring compliance with operational
requirements at sites that include service stations, oil terminals, hospitals, schools, military
facilities, marinas and similar facilities.
AUTHORITY
FEDERAL: Resource Conservation and Recovery Act - Subtitle I
STATE: Environment Article, Title 4, Subtitle 4; COMAR 26.10
PROCESS
The Program assists tank owners in the prevention of the release of regulated substances by
ensuring compliance with detailed State and federal regulations. These include release
detection, corrosion and overfill prevention, insurance requirements, and construction
standards. All regulated UST systems in Maryland must be registered with the Department.
All tank technicians and inspectors must pass a MDE test and maintain a certification with
the Program.
SUCCESSES/CHALLENGES
The number of sites inspected decreased in FY 2009 to 1,409 from 1,516 reported in FY
2008. However, due to OCP’s private third-party inspection program and the filling of staff
vacancies, the frequency of inspections was increased rapidly from just 399 in FY 2006 to
908 in FY 2007 and to 1,516 in FY 2008. The facilities that were inspected continue to show
a high compliance rate, which is above the national average.
There was a decrease in enforcement actions this year for two reasons. One reason is a
procedural change: for routine compliance issues that do not involve immediate threats to
public safety or the environment, the program has switched from the more formal Notice of
Violation (NOV), which is counted as an "enforcement action" in this report, to a less formal
warning letter, called a Notice of Non-Compliance (NNC). In cases where the NNC fails to
compel compliance, the program issues NOVs, which may carry penalties depending on the
violation. As in the past, failure to respond to an NOV may result in administrative
complaints, product delivery bans, or other enforcement action. Forty-five NNCs were issued
for UST activities in FY09, and NNCs have proven to be very effective in returning facilities to
compliance. The second reason for the drop in UST enforcement is the success of the thirdparty
inspection program. That program began its second cycle in FY09, inspecting facilities
that underwent a full inspection in the recent past. With this second cycle of inspections,
fewer violations are being found and those that are found are often minor in nature and easily
corrected.
MDE FY 2009 Annual Enforcement and Compliance Report 70