40 CFR § 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 § 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 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.