Department of Natural Resources and Environmental Control
Tank Management Section
1351 Underground Storage Tank Systems
1.1 Statement of Authority and Purpose
1.1.1 These Regulations are enacted in accordance with 7 Del.C. Chapter 60, Environmental Control, and 7 Del.C. Chapter 74, Delaware Underground Storage Tank Act.
1.1.2 The Delaware Department of Natural Resources and Environmental Control (DNREC) is responsible for protecting, preserving and enhancing the environmental quality of the water, air, and land of the State. The Department recognizes that groundwater quality protection and improvement is an important goal. In addition, the General Assembly of the State of Delaware has found "that it is necessary to provide for more stringent control of the installation, operation, Retrofitting and abandonment of Underground Storage Tanks (USTs) to prevent leaks, and where leaks should occur, to detect them at the earliest possible stage and thus minimize further degradation of groundwater." The Delaware Regulations Governing Underground Storage Tank Systems are intended to address Releases from UST systems as well as prevent future Releases.
1.2.1 The requirements of these Regulations shall apply to any Person, including without limitation to all Owners and Operators of an UST System as defined in 7 Del.C. §7402 (20) herein unless specifically exempted. The following UST Systems shall only be subject to the requirements of Part A §4.10, and Part B §4.6, and Part C §4.5, and Part D §3.6, and Part E of these Regulations:
1.2.1.6 Any UST System whose capacity is 110 gallons or less.
1.2.2.3 Airport Hydrant Fuel Systems.
1.2.2.4 UST Systems with field constructed tanks.
1.2.2.5 Wastewater treatment tank systems.
1.3 Prohibition for Deferred UST Systems
1.3.1.3 Is constructed or lined with material that is Compatible with the stored substance.
1.4.1 Any Person who violates these Regulations shall be subject to all appropriate legal sanctions including but not limited to the provisions set forth in 7 Del.C. Chapter 74, §7411 or 7 Del.C. Chapter 60.
1.4.2.3 An imminent threat to human health, safety or the environment exists.
1.6.1 Any Person or party whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with 7 Del.C. Chapter 60, Environmental Control, §6008.
1.6.2 Any Person or party to an appeal before the Environmental Appeals Board who is substantially affected by a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with 7 Del.C. Chapter 60, Environmental Control, §6009.
1.7 Joint and Several Liability
"Above Ground Release" means any Release to the surface of the land or to surface water. This includes, but is not limited to, Releases from the above ground portion of an UST System and Above Ground Releases associated with overfills and transfer operations as the Regulated Substance moves to or from an UST System.
"Accidental Release" means any sudden or non-sudden release of Regulated Substance from an UST System that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank Owner or Operator.
"Agricultural/Farm Tank" is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. An agricultural/farm tank shall be located on the farm property. "Agricultural/Farm" includes fish hatcheries, rangeland and nurseries with growing operations.
"Airport Hydrant Fuel System" means a fuel distribution system utilizing underground Piping that supplies vertical Pipe dispensing points located in flush, surface mounted, below grade pits.
"Ancillary Equipment" means any devices including, but not limited to, such devices as Piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of Regulated Substances to and from an UST.
"API" means American Petroleum Institute.
"ASTM" means American Society for Testing and Materials.
"Below Ground Release" means any Release to the subsurface of the land and to groundwater. This includes, but is not limited to, Releases from the below ground portions of an UST System and below ground Releases associated with overfills and transfer operations as the Regulated Substance moves to or from an Underground Storage Tank System.
"Beneath the Surface of the Ground" means beneath the ground surface or otherwise covered with earthen materials.
"Bodily Injury" shall have the meaning given to this term by state law; however this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.
"Cathodic Protection" means a technique to prevent the corrosion of a metal surface by making that surface the cathode of an electrochemical cell. Protection can be accomplished by means of an impressed current system or a Sacrificial Anode system.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.
"Change In Service" means a change in status of the UST System from either In Service to Out Of Service or a change in status of the UST System from Out Of Service to In Service.
"Change in Substance Stored" means the exchange of one substance stored in an UST System for another.
"Chief Financial Officer" in the case of local government owners and operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the local government.
"Class A Operator" means an individual having primary responsibility for the overall operation and maintenance of an UST System.
"Class B Operator" means an individual having responsibility and direct control over daily on-site operation and maintenance of an UST System.
"Class C Operator" means an individual, on-site employee having primary responsibility for addressing emergencies presented by a Release from an UST System.
"Closed In Place" means the cleaning and filling of an UST System through the use of prescribed techniques to render it permanently unfit for service.
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the UST System under conditions likely to be encountered in the UST System.
"Connected Piping" means all Piping including valves, elbows, joints, flanges, and flexible connectors attached to an UST System through which Regulated Substances flow. For the purpose of determining how much Piping is connected to any individual UST System, the Piping that joins two UST Systems should be allocated equally between them.
"Consumptive Use" with respect to Heating Fuel means consumed On The Premises Where Stored for non commercial purposes.
"Consumptive Use Heating Fuel UST System" means an UST System that contains Heating Fuel that is used solely for the operation of equipment used for the generation of heat, is connected directly or via a day tank to the heat generating equipment, and is for Consumptive Use On The Premises Where Stored.
"Containment Sump" means Product Tight under dispenser, Piping and Underground Storage Tank top structures, enclosing equipment or Piping or used for Release Detection, such that there are no pathways for Regulated Substances to enter the environment.
"Controlling Interest" means direct ownership of at least fifty (50) percent of the voting stock of another entity.
"Corrective Action" means the sequence of actions, or process, that includes confirming a release, site assessment, interim remedial action, remedial action, monitoring, and termination of the remedial action.
"Department" means the Department of Natural Resources and Environmental Control.
"Dielectric Material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST Systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST System (e.g., Tank from Piping).
"Domestic Well" means a well primarily used for potable non-public water supply purposes and which may be used for non-potable purposes, excluding heat pump supply.
"Effective Date" means the most recent date of Promulgation of these Regulations.
"Electrical Equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
"Electrically Isolated" means the electrical separation of the Underground Storage Tank from the Piping and from other metallic structures and the environment by means of a nonconductive fitting or bushing.
"Excavation Zone" means the volume containing the UST System and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST System is placed at the time of installation.
"Facility" means any location or part thereof containing one or more Underground Storage Tank Systems.
"Financial Reporting Year" means the latest consecutive twelve month period for which any of the following reports used to support a financial test is prepared:
(1) A 10 K report submitted to the SEC; or
(4) Audited financial report; or
"Flow-Through Process Tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-Through Process Tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by products from the production process.
"Gathering Lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
"Hazardous Substance" means a substance as defined in 101(14) of the CERCLA, or any mixture of such hazardous substance and petroleum, but not including any substance regulated as a hazardous waste under RCRA Subtitle C.
"Hazardous Substance UST System" means an UST System that contains a hazardous substance defined in 101(14) of the CERCLA, but not including any substance regulated as a hazardous waste under RCRA Subtitle C, or any mixture of such substances and petroleum, and which is not a Petroleum UST System.
"Heating Fuel" also known as heating oil, means petroleum that is one of eight technical grades. These grades are: No. 1; No. 2; No. 4 light; No. 4 heavy; No. 5 light; No. 5 heavy; No. 6 technical grade of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels used as substitutes for one of these fuels such as kerosene, Used Oil diesel or biodiesel when used for heating purposes. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.
"Hydraulic Lift Tank" means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
"Impervious Material" means a material of sufficient thickness, density and composition that is impenetrable to the Regulated Substance, has a permeability of less than 1 X 10 7 cm/sec., and that will prevent the discharge to the lands, ground waters, or surface waters of the State of any Regulated Substance for a period of at least as long as the maximum anticipated time during which the Regulated Substance will be in contact with the material.
"Industrial Well" means a well which is used in the processing, washing, packaging, or manufacturing of a product excluding food and beverages.
"In Service" means an UST System which is not abandoned, contains Regulated Substances and/or has Regulated Substances regularly added or withdrawn.
"Legal Defense Cost" means any expense that an Owner or Operator or provider of financial assurance incurs in defending against claims or actions brought by:
(3) Any person to enforce the terms of a financial assurance mechanism.
"Liquid Trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These Liquid Traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
"LNAPL" means a Light Non-Aqueous Phase Liquid having a specific gravity less than one (1) and composed of one or more organic compounds that are immiscible or sparingly soluble in water. The term encompasses all potential occurrences of LNAPL including free, mobile, and residual.
"Free LNAPL" means LNAPL that is hydraulically connected in the pore space and has the potential to be mobile in the environment.
"LNAPL Body" means the 3-dimensional form and distribution of LNAPL in the subsurface existing in any phase.
"LNAPL Conceptual Site Model (LCSM)" means a model describing the physical properties, chemical composition, occurrence and geologic setting of the LNAPL body from which estimates of flux, risk and potential remedial action can be generated. The LCSM may be a dynamic, living model that changes through time as a function of natural attenuation or engineered remedial action processes, or additional site knowledge.
"Mobile LNAPL" means free LNAPL that is moving laterally or vertically in the environment under prevailing hydraulic conditions. The result of the LNAPL movement is a net mass flux from one point to another. Not all free LNAPL is mobile, but all mobile LNAPL must be free LNAPL.
"Residual LNAPL" means LNAPL that is hydraulically discontinuous and immobile under prevailing conditions. Residual LNAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The residual LNAPL saturation is a function of the initial or maximum LNAPL saturation and the porous medium.
"Local Government" shall have the meaning given this term by applicable state law and includes Indian tribes. The term is generally intended to include:
"Maintenance" means the operational upkeep as described by manufacturer's recommendations or the Department requirements to prevent an UST System from releasing product.
"Monitor Well" means a well installed in accordance with Delaware's Regulations Governing the Construction of Water Wells that will be used for the monitoring of ground water quality.
"Motor Fuel" means petroleum or other substance that includes motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, alternative fuels including but not limited to ethanol, methanol or biodiesel and is typically used in the operation of a motor engine.
"Motor Oil" means a petroleum product used to lubricate the internal parts of an engine. The term includes lubricating and operational fluids for the mechanical components associated with the engine, including any hydraulic, transmission, gear or braking systems.
"NACE" means National Association of Corrosion Engineers.
"NFPA" means National Fire Protection Association, Inc.
"Non Commercial Purposes" means the product in the UST System is not used for any activities that result in monetary gain.
"Non-Consumptive Use Heating Fuel UST System" means an UST System that contains Heating Fuel that is not solely for Consumptive Use On The Premises Where Stored.
"Observation Tube" means a leak detection device placed within the Excavation Zone which reaches the water table and can be inspected periodically to determine whether contamination of the aquifer by a Regulated Substance has occurred.
"Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in a release from an UST System. This definition is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence."
"On The Premises Where Stored" with respect to Heating Fuel means UST Systems located on the same property where the stored Heating Fuel is used.
"Operational Life" refers to the period beginning when installation of the UST System has commenced until the time the UST System is properly Removed or Closed In Place in accordance with the requirements of these Regulations.
"Operator" means any Person who has responsibility for the care, custody, and control of the daily operation of an UST System, including but not limited to responsibility conferred by lease, contract or other form of authorization agreement. An Operator's duties and responsibilities under 7 Del.C. Chapter 74 and these Regulations continue regardless of whether the UST System is in fact operational.
"Out Of Service" means an UST System which:
(b) Is intended to be placed back In Service.
"Overfill Release" is a Release that occurs when an Underground Storage Tank is filled beyond its capacity, resulting in a discharge of the Regulated Substance to the environment.
"Owner" means a Person who has or has had a legal interest in a Facility or UST System, or who has or has had an equitable interest in a Facility or UST System, except when a Person holds an interest in an UST System as a security interest, unless through foreclosure or other such action the holder has taken possession of or operated the UST System; and in the case of an UST System in use on November 8, 1984, or brought into use after that date, any Person who owns an UST System used for storage, use, or dispensing of Regulated Substances; and in the case of any UST System in use before November 8, 1984 but no longer in use on that date, any Person who owned such UST System immediately before the discontinuation of its use.
"Person" means any individual, entity, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body, a consortium, a joint venture, a commercial organization, and the United States Government.
"Person in Charge" means the UST Owner or Person designated by the UST Owner, an UST Operator, or any Person delivering Regulated Substance to an UST, as the one with direct supervisory responsibility for an activity or operation at a Facility, such as the transfer of a Regulated Substance to or from any point in the Facility.
"PEI" means Petroleum Equipment Institute.
"Petroleum Marketing Facility" means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.
"Petroleum Marketing Firm" means all firms owning petroleum marketing facilities. Firms owning other types of facilities with USTs as well as petroleum marketing facilities are considered to be Petroleum Marketing Firms.
"Pipe" or "Piping" or “Line” means an impermeable hollow cylinder or tubular conduit that conveys or transports Regulated Substances, or is used for venting, filling, or vapor recovery of Regulated Substances.
"Pipeline Facilities" are new and existing Pipe right-of-ways and any associated equipment including Gathering Lines, facilities, or buildings.
"Positive Pressurized Delivery System" means a Regulated Substance delivery system in which part or all of the system is continuously under pressure greater than the atmospheric pressure.
"Precision Test" means a test capable of detecting a Release and that is approved by the EPA and meets or exceeds NFPA 329, Underground Leakage of Flammable and Combustible Liquids.
"Product Tight" means under dispenser containment and UST top sumps that are impervious to the substance contained, or to be contained, so as to prevent seepage of Regulated Substance from the containment into the environment.
"Property Damage" shall have the meaning given this term by applicable state law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.
"Provider of Financial Assurance" means an entity that provides financial assurance to an Owner or Operator of an underground storage tank through one of the mechanisms listed in these Regulations, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state.
"Public Well" means a well which is used to supply water to more than three (3) dwelling units; twenty-five (25) or more employees; in the manufacture of ice, foods, or beverages; to the public in food washing, processing, or preparation in a plant, restaurant, or other facility.
"RCRA" means the Resource Conservation and Recovery Act of 1976 as amended.
"Registration Certificate" means a document issued by the Department to implement the registration and notification requirements of these Regulations.
"Regulated Substance" means a liquid that contains:
(c) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature (60 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute), including without limitation, petroleum and substances containing petroleum comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as Motor Fuels, Motor Oil, Heating Fuel, residual fuel oils, lubricants, petroleum solvents, Used Oils, and biodiesel; or
(e) Any mixture of the foregoing a through d.
"Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing of a Regulated Substance into groundwater, surface water, air or soils that is not permitted by law, regulation or permit.
"Release Detection" means a method or process of determining whether a Release of a Regulated Substance has occurred from the UST System into the environment or into the interstitial space between the UST System and its secondary barrier or Secondary Containment around it.
"Remedial Action" means activities conducted to protect human health, safety, and the environment. These activities include evaluating risk, making no further action determinations, monitoring institutional and engineering controls, and designing and operating cleanup equipment.
"Removal" or "Removed" means the process of removing and disposing of an UST System, through the use of prescribed techniques for the purging of residues and vapors and removal of the vessel from the ground.
"Repair" means to restore or replace an UST System component that is not functioning per manufacturer's specifications or Department requirements.
"Residential Tank" is a tank located on a single family property used primarily for dwelling purposes.
"Responsible Party" means any Person who:
(a) Owns or has a legal or equitable interest in a Facility or an UST;
(b) Operates or otherwise controls activities at a Facility;
(d) Arranged for or agreed to the placement of an UST System by contract, agreement or otherwise;
(e) Caused or contributed to a Release from an UST System; or
(f) Caused a Release as a result of transfer of a Regulated Substance to or from an UST System.
"Retrofit" means to modify an UST System to meet standards contained in these Regulations.
"Sacrificial Anode" means a device to reduce or prevent corrosion of a metal in an electrolyte by galvanic coupling to a more anodic metal.
"Secondary Containment" means a system installed to prevent any volume of Regulated Substance Released from the Tank and Piping system from reaching the soils or water outside the system for the anticipated period of time necessary to detect and recover the Released substance.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee.
"Septic Tank" is a water tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.
"Site Assessment" means to measure for the presence of a Release where contamination is most likely to be present at an UST site. Selection of sample types, sample locations and measurement methods shall be based on the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a Release. A Site Assessment is not restricted to the property containing the UST System.
"State" means the State of Delaware.
"Storm Water" or "Wastewater Collection System" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.
"Substantial Business Relationship" means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.
"Substantial Governmental Relationship" means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an UST Release such as coterminous boundaries, overlapping constituencies, common ground water aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.
"Surface Impoundment" means a natural topographic depression, man made excavation, or diked area formed primarily of earthen materials (although it may be lined with man made materials), that is not an injection well.
"Tangible Net Worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.
"Tank" means that portion of an Underground Storage Tank System that consists of the stationary containment vessel designed to contain an accumulation of Regulated Substances and does not include any connected Piping or Ancillary Equipment.
"Termination" in §3.3, Form C and §3.4, Form D of Part F means only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date of the original policy.
"UL" means Underwriters Laboratories.
"Underground Area" means an underground room, such as a basement, cellar, shaft or vault, providing enough space to permit physical inspection of the entire UST situated on or above the surface of the floor.
"Underground Release" means any below ground Release.
"Underground Storage Tank" or "UST" means any one or combination of Tanks including underground Pipes connected thereto, which is used to contain an accumulation of Regulated Substances, and the volume of which, including the volume of underground Pipes connected thereto, is 10 percent or more beneath the surface of the ground. Such term does not include any:
(b) Pipeline facility (including Gathering Lines) regulated under:
(1) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.), or
(2) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.), or
(c) Surface Impoundment, pit, pond, or lagoon;
(d) Storm Water or Wastewater Collection System;
(e) Flow-Through Process Tank;
"Underground Storage Tank System" or "UST System" means an Underground Storage Tank, connected underground product, vent, and vapor recovery Piping and its associated Ancillary Equipment, containment systems, and all appurtenances including but not limited to spill containment systems, overfill prevention systems, and Release detection systems.
"Used Oil" means a petroleum based or synthetic oil used as an engine lubricant, engine oil, Motor Oil or lubricating oil for use in an internal combustion engine, or a lubricant for motor vehicle transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
"Used Oil UST System" means an UST System used for storing Used Oil and its associated Ancillary Equipment and containment system.
"Upgrade" means the addition of a component to improve the ability of an UST System to prevent or detect the Release of Regulated Substances from the UST System.
"U-Tube" means a Release Detection device placed under the longitudinal axis of an UST in an excavation which is always above the water table, and that can collect Regulated Substances released from an UST and can be inspected periodically to determine if a Release of a Regulated Substance has occurred.
"Vadose Zone Vapor Detection Tube" means a Release Detection device placed within the tank field which does not reach the water table and can be continuously monitored by electronic means or periodically inspected for vapors emanating from released Regulated Substances.
"Wastewater Treatment Tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
3.1 Referenced Standards Organizations
3.3.1 American Petroleum Institute (API)
3.3.1.1 Specification Number 12F, Shop Welded Tanks for Storage of Production Liquids
3.3.1.2 RP 1604, Closure of Underground Petroleum Storage Tanks
3.3.1.3 RP 1615, Installation of Underground Petroleum Storage Systems
3.3.1.4 RP 1621, Bulk Liquid Stock Control at Retail Outlets
3.3.1.5 RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks
3.3.1.6 RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks
3.3.1.7 RP 1635, Management of Underground Petroleum Storage Systems at Marketing and Distribution Facilities [final edition, now out of print]
3.3.1.8 RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals
3.3.1.9 RP 1646, Safe Work Practices for Contractors Working at Retail Petroleum/Convenience Facilities
3.3.1.10 IP 1542, Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fueling Equipment
3.3.1.11 RP 1626, Storing and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Service Stations
3.3.1.12 Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks
3.3.1.13 RP 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks
3.3.2 National Association of Corrosion Engineers (NACE)
3.3.2.1 RP 0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection
3.3.2.2 TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems
3.3.2.3 RP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems
3.3.3 National Fire Protection Association (NFPA)
3.3.3.1 NFPA 30, Flammable and Combustible Liquids Code
3.3.3.2 NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages
3.3.3.3 NFPA 31, Standard for the Installation of Oil Burning Equipment
3.3.3.4 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases
3.3.3.5 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids
3.3.4 National Leak Prevention Association (NLPA)
3.3.4.1 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks
3.3.5 Petroleum Equipment Institute (PEI)
3.3.5.1 RP100, Recommended Practices for Installation of Underground Liquid Storage Systems
3.3.5.2 RP300, Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites
3.3.6 Steel Tank Institute (STI)
3.3.6.1 STI P3, Specification for sti P3® System for External Corrosion Protection of Underground Steel Storage Tanks
3.3.6.2 F-841, Standard for Dual Wall Underground Steel Storage Tanks
3.3.6.3 F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks
3.3.6.4 F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks
3.3.6.5 R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs
3.3.6.6 F-922, Specification for Permatank®
3.3.7 Underwriters Laboratories Standards (UL)
3.3.7.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids
3.3.7.2 UL 1316, Standard for Glass-Fiber Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures
3.3.7.3 UL 1746, Standard for Safety: External Corrosion Protection Systems For Steel Underground Storage Tanks
3.3.7.4 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids
3.3.7.5 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas
3.3.8 U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)
3.3.8.1 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces
3.3.8.2 OSHA, 29 CFR, 1926 Subpart P, Excavations
4.0 Registration and Notification Requirements
4.1.2 All UST Systems, unless specifically exempted, that were in the ground on or after July 12, 1985, unless taken out of operation and Closed In Place on or before January 1, 1974, are required to be registered with the Department in accordance with 7 Del.C. Chapter 74 utilizing a form provided by the Department. Owners and Operators who have not complied with the registration requirements may obtain a notification form from the Department which must be accurately completed, signed, dated and returned to the Department.
4.1.5 The Owner shall sign and date all UST registration submittals.
4.2.2 Consumptive Use Heating Fuel UST Systems are subject to the tank registration fee in 7 Del.C. §7418 as follows:
4.4 Transfer of Ownership of UST Systems Notification Requirements
4.4.4.1 Regulated Substance storage records; and
4.4.4.2 Any approved plans for new installations; and
4.4.4.3 Copies of Registration forms and certificate; and
4.4.4.4 Testing data and reports; and
4.4.4.5 Reports documenting UST System Closure In Place and Removal; and
4.4.4.6 UST lining specifications used, if applicable; and
4.4.4.7 Monitoring reports; and
4.4.4.8 Soil and groundwater sampling and laboratory chemical analyses reports; and
4.4.4.9 Site Assessment reports; and
4.4.4.10 Equipment Maintenance schedules and logs; and
4.4.4.11 Repair, Upgrade and Retrofit records.
4.5 Multiple Use USTs Notification Requirements
4.6 Installation Notification Requirements
4.6.10 Department approval for installation of an UST System shall not eliminate the need to obtain applicable approvals and permits from the authority(ies) enforcing the Delaware Fire Prevention Commission Regulations, local building codes or other State or Federal or Local rules or regulations.
4.7 Retrofit or Upgrade Notification Requirements
4.8 Removal, Closure In Place and Change In Service Notification Requirements
4.8.1 Change in Substanced Stored UST System Owners and Operators shall notify the Department of all scheduled UST System Removals, UST System Closures In Place, or UST System Changes In Service, or UST Changes in Substance Stored on a form provided by the Department. The notification form shall be completed and signed by the Owner and must be received by the Department at least ten (10) days prior to beginning the Removal, Closure In Place, Change In Service or UST Change in Substance Stored of the UST System, unless such action is in response to an imminent threat to human health, safety or the environment.
4.9 Posting of Approval Letters and Change in Schedule of Construction
4.10 UST Tightness Test Failure Reporting Requirements
5.1.3.2 Documentation of operation and Maintenance of corrosion protection equipment; and
5.1.3.3 Records and dates of Retrofit, Repair or Upgrade of UST Systems; and
5.1.3.4 Dates and results of all tests of UST Systems; and
5.1.3.7.2 The records and results of any sampling, testing, monitoring or inspections.
6.0 Alternative Procedures Approval Requirements
6.1.2.2 The specific provision of the Regulations for which an alternative procedure is sought; and
6.1.2.3 The contents of the UST; and
6.1.2.5 The alternative procedure or technology for which approval is sought; and
7.1.1 For the purpose of developing or assisting in the development of a standard regulation or enforcement of these Regulations, an Owner or Operator shall, upon the request of a duly designated officer or employee of the State designated by the Secretary of the Department, furnish information relating to the UST System and its contents and shall permit the designated officer or employee at all reasonable times to have access to and to copy all records relating to the UST System or its contents and to conduct monitoring or require remediation activities, pursuant to 7 Del.C. Chapter 74, The Delaware Underground Storage Tank Act, which the designated officer or employee deems necessary. For the purpose of developing or assisting in the development of a standard or regulation or enforcement of these Regulations, the designated officer or employee is authorized to:
7.1.2 In submitting data under 7 Del.C. Chapter 74, The Delaware Underground Storage Tank Act, and these Regulations, a Person required to provide such data may:
7.1.2.2 Submit such designated data separately from other data submitted under these Regulations.
7.1.3 Any such records, reports or information obtained shall be entitled to protection under United States Code Title 18 §1905, Disclosure of Confidential Information Generally.
7.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A §8 of these Regulations and the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Chapter 100 as amended.
8.0 Submittal of Confidential Information
8.1.2.4 No statute specifically requires disclosure of the information; and
8.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to the Freedom of Information Act Regulations adopted Pursuant to 29 Del.C. Chapter 100 as amended.
9.1 Requirements for Delivery Prohibition
9.1.1.1 "PETROLEM DELIVERY PROHIBITED"; and
9.1.1.2 "No person shall remove, deface, alter or otherwise tamper with this Delivery Prohibition Tag. This Delivery Prohibition Tag is affixed by the Tank Management Branch, Delaware Department of Natural Resources and Environmental Control, pursuant to Part A, §§9.1.1. through 9.1.15. of the Regulations Governing Underground Storage Tank Systems, as amended. Violators are subject to civil and criminal penalties pursuant to 7 Del.C. §§6005, 6013 and 7411." Contact information for the Tank Management Branch shall be included on the Delivery Prohibition Tag.
9.1.2 "Violation that poses an imminent threat" means a violation of the Regulations Governing Underground Storage Tank Systems, or 7 Del.C. Ch. 60 or 74, that poses an imminent threat to human health or safety or the environment, or that creates a substantial probability of harm when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or potential damages to human health or safety or the environment.
9.1.7 Any failure of the Tank Management Branch to take any action specified in §§9.1.1 through 9.1.15. of this Part shall not be a condition on the effectiveness of the Delivery Prohibition Tag to prevent deliveries under penalty of law, and shall not constitute a defense to any violations under the Regulations Governing Underground Storage Tank Systems or 7 Del.C. Ch. 60 and 74.
9.1.12 Upon determination by the Tank Management Branch of a violation of the Regulations Governing Underground Storage Tank Systems or 7 Del.C. Ch. 60 or 74, other than a violation that poses an imminent threat, the Branch may give written notice to the Owner or Operator of the following: The violation(s), the scheduling of an Expedited Evidentiary Hearing, and the preliminary intention to affix a Delivery Prohibition Tag at the conclusion of the Expedited Evidentiary Hearing, subject to consideration of the evidence submitted and any other pertinent considerations. This notice shall be received by the Owner and Operator at least thirty (30) days before the date of the Expedited Evidentiary Hearing.
9.1.14 The Owner or Operator may appeal an adverse determination from the Expedited Evidentiary Hearing by requesting a public hearing pursuant to the procedural provisions for a public hearing found in 7 Del.C. Ch. 60 and 74. The request for a public hearing shall be made by the Owner or Operator to the Secretary's Office in writing within thirty (30) days of receipt of an adverse determination of the Expedited Evidentiary Hearing. The public hearing may be consolidated with any public hearing requested of Release Prevention Regulations underlying the Delivery Prohibition Tag.
10.0 Requirements for Operator Training
10.1 Requirements for Class A, Class B and Class C Operators
10.1.11.1 Registration and Notification Requirements; and
10.1.11.2 Operation and maintenance of UST System components; and
10.1.11.3 Operation and maintenance of spill prevention systems; and
10.1.11.4 Operation and maintenance of overfill prevention systems; and
10.1.11.5 Operation and maintenance of Release Detection systems; and
10.1.11.6 Operation and maintenance of corrosion protection systems; and
10.1.11.7 Emergency response procedures; and
10.1.11.8 Compatibility of Regulated Substances and UST Systems; and
10.1.11.9 Financial responsibility requirements; and
10.1.11.10 Routine inspection requirements; and
10.1.11.11 Release and indicated Release reporting requirements; and
10.1.11.12 Operator training requirements; and
10.1.11.13 Operation and maintenance of vapor recovery systems; and
10.1.11.14 Change in Service, Removal, Retrofit, Closure in Place requirements; and