DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

Tank Management Branch

Statutory Authority: 7 Delaware Code, Chapters 60 and 74 (7 Del.C. Ch. 60 & 74)

7 DE Admin. Code 1351

FINAL

Secretary's Order No.: 2010-A-0015

Date of Issuance: May 18, 2010

Effective Date of the Amendment: June 11, 2010

1351 Underground Storage Tank Systems

Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding.

Background and Procedural History

This Order considers proposed regulatory amendments to 7 DE Admin. Code 1351, Delaware Regulations Governing Underground Storage Tank Systems ("UST Regulations"). The Department's Tank Management Branch of the Division of Air and Waste Management (DAWM) commenced the regulatory development process with Start Action Notices 2008-20 and 2008-23. The Department initially published the proposed regulatory amendments in the April 1, 2009 Delaware Register of Regulations and held a public hearing on April 21, 2009. The public hearing record remained open at that time for public comment through April 30, 2009. Subsequent to the public hearing held on April 21, 2009, but prior to April 30, 2009, the Department received voluminous substantive formal comment from the U.S. Environmental Protection Agency ("EPA") regarding these proposed amendments, such that substantive revisions to the same were necessary in order to comply with federal requirements as set forth by the EPA. As a result, the Department significantly revised its proposed amendments to 7 DE Admin. Code 1351 over the next several months, in order to fully incorporate all requisite federal requirements, clarify language where needed, and help ensure continued protection of human health, safety and the environment. The Department published its revised proposed regulatory amendments in the December 1, 2009 Delaware Register of Regulations and held a second public hearing on January 12, 2010. The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated April 28, 2010 (Report). The Report recommends certain findings and the adoption of the proposed revised Amendments as attached to the Report as Appendix A.

Findings and Discussion

I find that the revised proposed Amendments are well-supported by the record developed by the Department, and I adopt the Report to the extent it is consistent with this Order. The Department's experts developed the record and drafted the proposed revised Amendments. Throughout the lengthy regulatory development process regarding this promulgation, the Department received public comment from the regulated community, as noted in the Report, and the same were fully addressed by Department staff in a thorough and balanced manner, accurately reflecting the information as contained in the public hearing record which was developed in this matter.

I find that the Department's experts in the Tank Management Branch of the DAWM fully developed the record to support adoption of these revised Amendments. With the adoption of this Order, Delaware will incorporate all requisite federal requirements for its tank operator training program, as required by the Federal Energy Policy Act of 2005, as well as incorporate new requirements prohibiting installation of new underground storage tanks within specific distances of public, industrial, and domestic wells, to make the UST Regulations consistent with analogous requirements in DNREC Division of Water Resources Regulations, thus ensuring protection of drinking water supplies. Additionally, and specifically as a result of the public comment received by the Department in this matter, language clarifications have been made to specific sections of these regulations, in order to promote a greater understanding of the same to the regulated community here in Delaware. Lastly, corrections and additions are being made to Delaware's UST Regulations in order to (1) conform to the federal requirement that state regulations are at least as stringent as the federal underground storage tank regulations; and (2) correct numerous clerical errors discovered in the last edition of these regulations, which were previously issued on January 11, 2008.

In conclusion, the following findings and conclusions are entered:

1.) The Department has jurisdiction under its statutory authority to issue an Order adopting these revised proposed Amendments as final;

2.) The Department provided adequate public notice of the proposed Amendments, and provided the public with an adequate opportunity to comment on both the initial proposed Amendments, as well as the proposed revised Amendments, including at the public hearings held on April 21, 2009 and again on January 12, 2010, respectively;

3.) The Department held public hearings, initially on April 21, 2009, and then again on January 12, 2010 (on the proposed revised Amendments), in order to consider public comments before making any final decision;

4) The Department's Hearing Officer's Report, including its recommended record and the recommended revised Amendments as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;

5.) The recommended revised Amendments do not reflect any substantive changes from the proposed revised Amendments as published in the December 1, 2009, Delaware Register of Regulations;

6.) The recommended revised Amendments should be adopted as final regulation Amendments because (1) Delaware will be able to incorporate federal requirements for a Tank Operator training program as required by the Federal Energy Policy Act of 2005; (2) requirements prohibiting installation of new underground storage tanks within specific distances of public, industrial and domestic wells will provide consistency with analogous DNREC Division of Water Resources Regulations to ensure protection of drinking water supplies; (3) clarifications made to specific sections of these regulations in response to public comment received will promote a greater understanding of said regulations for the regulated community; (4) clerical errors found in the previous edition of these regulations will be corrected; (5) Delaware's state regulations will be made at least as stringent as the federal underground storage tank regulations; (6) the amendments are well supported by documents in the record; and that

7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.

Collin P. O'Mara, Secretary

Regulation Reference

Proposed Change

"Effective Date of Regulations" throughout Regulations

Date these Regulations became effective inserted = January 11, 2008

PART A

 

Part A, 1.2.2.

Add 1.2.2.5. "Wastewater treatment tank systems"

Part A, 1.2.2.

Add "with the exception of requirements in Part A, 1.3. and Part E…"

Part A, Definitions, Class A, B, C Operators

Class A,B and C Operator definitions for Operator Training

Part A, Definitions, Containment Sump

Added "Piping" to Containment Sump definition to capture transition sumps in the definition

Part A, Definitions Heating Fuel UST System

Clarification added to define Heating Fuel UST as one connected directly to heat generating equipment

Part A, Definitions, Domestic, Public and Industrial Wells

Added definition of Public well, Industrial well and Domestic well for new UST citing requirements

Part A, Definitions, Regulated Substance

verbiage in definition of 'Petroleum" that was inadvertently deleted in Jan 2008 promulgation added.

Part A, Definitions -Secondary Containment

Deleted "primary containment"

Part A, Definitions, Tank

Clarification added to define a "tank" solely as the stationary storage vessel and not any of the Ancillary equipment

Part A, Definitions Pipe

Added "line" to mean the same as "pipe"

Part A, Definitions, UST System

means an Underground Storage Tank, connected underground product, vent and vapor recovery Piping and its associated Ancillary Equipment, and containment systems and all appurtenances. Appurtenances added to include equipment such as spill containment as part of the UST System.

Part A, definitions

Add "Consumptive Use HF UST System" and "Non-Consumptive Use HF UST System"

Part A, definitions

Delete "Heating Fuel UST"

Part A, Definitions

Modify definition of "Non-Commercial" to remove reference to specific Regulated Substances

Part A, definitions

Tangible net worth …and all probable future economic benefits

Part A, 4.1.1.

Change "protection" to "Detection"

Part A, 4.1.5.

Add tank registration fee req.for Consumptive Use HF UST systems

Part A, Section 4.1.5.

change "tank fee" to "Tank registration fee" to mirror statute

Part A, Section 4.1.7.

"change in product stored" to defined term "Change in Substance Stored". Added Retrofit and Upgrade to list of changes to the UST System that require notification to the Dept.

Part A, Section 4.4.11.

Added Upgrade and Retrofit records to documentation that must be given to a new Owner

Part A, Section 4.6.10.

Correction of title of the State of Delaware Fire Regulations

Part A, Section 4.6.12., Installation Notification Requirements

changed 'tank' to 'UST System" for clarification

Part A, Section 4.8.1.*

Add "Change in Substance Stored"

Part A, Section 4.8.2.*

Add "Change in Substance Stored"

Part A, 5.1.3.3.

Added requirement that repair records be kept for the life of the UST system to comply with federal requirements

Part A, Section 10

Added Operator Training requirements as required by the federal Energy Policy Act

Part A, Section 10.1.3. *

Add "the Department shall ensure that Department approved training is available beginning August 1, 2010 and shall ensure that Department approved training is available at a minimum of once every forty-five (45) days."

PART B

 

Part B

All titles changed to "excluding Consumptive Use Heating Fuel"

All applicable sections

Spill protection and Overfill protection changed to Spill prevention and Overfill prevention

Part B, 1.1.9.*

Add "All product shear valves shall annually be manually opened and loosened to prevent gum deposit build-up and other conditions that may affect the operation of the valve.

Part B, §1.2.4. & §1.2.5.

For UST Systems installed after the revised 2008 Regulations are effective - Added minimum distance requirements from domestic, public and industrial wells to a new UST System to mirror the Delaware Regulations Governing the Construction and Use of Water Wells.

Part B, Section 1.2.3.3.

change "tank location" to "UST System location" for clarification

Part B, Section 1.4.3.3.

Containment sumps installed to meet secondary containment requirements must comply with the testing and maintenance requirements for containment sumps

Part B, Section 1.4.3.4.

Interstitial monitoring installed to meet secondary containment requirements must comply with the preventative maintenance requirements for interstitital monitoring in Section 1.9.4.4.

Part B, Section 1.9.1.3.

change "tank tightness test" to "UST System tightness test"

Part B, 1.9.1.1.4.

Added …. Release Detection on all UST Systems…. "Is operational prior to Regulated Substance being placed in the UST System"

Part B, 1.9.2.1.2

Add …Automatic tank gauge performing tank tightness testing at a minimum of once every 30 calendar days"

Part B, 1.9.3.1.1.7. and 1.9.3.1.1.8.

Add: For UST systems storing ethanol blended Regulated Substance with a storage capacity ….

Part B, 1.9.3.1.1.9.2.

Change "Regulated Substance" to "calculated daily inventory" ….For any day in which there is a loss of five percent (5%) or more of the calculated daily inventory

Part B, Section 1.9.3.1.1.

Changed "once a week" to "once every 7 calendar days" for clarification

Part B, Section 1.9.3.1.1.9.1.

Inventory reconciliation: Changed "once during each calendar month" to "at the end of each calendar month"

Part B, Section 1.9.3.3.

Automatic systems utilized for performing inventory procedures must comply with preventative maintenance program requirements in Section 1.9.5.3.

Part B, Section 1.9.4.2.

Change "once during each calendar month" to "once every 30 calendar days" for Interstitial monitoring testing when used for tank release detection to meet federal requirements

Part B, Section 1.9.4.3.

Added - interstitial monitoring equipment must be capable of producing are record of Release detection monitoring results.

Part B, Section 1.9.5.1.3.

Change "once during each calendar month" to "once every 30 calendar days" for ATG when used for tank release detection to meet federal requirements

Part B, Section 1.9.5.1.4.

Added - Records of ATG tests must be kept for the life of the UST System

Part B, 1.9.5.3.1.

words added: "Inspection of the ATG console for proper printer operation"

Part B, 1.17.1.

Add …Suction Piping shall operate at less than atmospheric pressure and.."

Part B, Section 1.19.1.4.

Line Leak Detector Testing - Deleted "in accordance with manufacturer's test protocols" as not all manufacturer's have a test protocol. Added testing must be done in-line under normal operating conditions. Eliminates "bench testing" of LLD.

Part B, Section 1.19.2.3.

Added language to allow continuous interstitial monitoring of double wall piping in lieu of an annual piping tightness test. Inadvertently omitted in Jan 2008 draft.

Part B, 1.19.3. - 1.19.3.1.6.

Section deleted: "Line Leak Detector & Tightness Test Requirements for Double Wall Piping Systems"

Part B, Section 1.20.3.

Added requirements for D/W Suction Piping systems to utilize to comply with release detection requirements

Part B, 1.21.2.

Delete "one of"

Part B, 1.21.7.

Delete "calendar"

Part B, 1.21.8.

Added: Double wall spill containment with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part B, 1.21.8.1. and 1.21.8.2.

Deleted

Part B, Section 1.21.8.

Added specific requirements for interstitial monitoring of double wall spill containment for clarification

Part B, 1.22.3.4.

Deleted "(s)"

Part B, 1.22.2.3.

Deleted "in a container"

Part B, 1.24.2.7.

Section divided into 2 sentences for clarification. No requirements changed.

Part B, Sections 1.24.2.8.

Added requirements: Before a repair can be made to a Sacrificial Anode CP system, results of the 2 most recent CP tests and release detection records must be submitted to the Dept.

Part B, 1.24.2.8.

Add "Repair or replacement"

Part B, Section 1.24.2.9.

Added: No internal assessment will be accepted for the purpose of determining the integrity of an UST System if the tank has an internal lining.

Part B, 1.24.2.10.

Added "Impressed Current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or Replacement for a failed Sacrificial Anode Cathodic Protection system after January 1, 2008.

Part B, 1.25.2.

Added: Double wall containment sumps with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part B, Section 1.25.6

Added: "Owners and Operators shall immediately remove water, Regulated Substance or debris that accumulates in any Containment Sump"

Part B, 1.25.6. and 1.29.7.4.

change "immediately" to "immediately upon discovery"

Part B, 1.27.1.

Added "sensors utilized for Release Detection"

Part B, 1.27.2.

Owners and Operators shall perform a functionality test of all sump and interstitial sensors at a minimum of once every twelve (12) months in accordance with the manufacturer’s specifications or as directed by the Department to verify proper sensor operation.

Part B, Section 1.27.3.

All sensors installed in a sump for the purpose of detecting a Release from the UST System shall be installed no more than 1" from the bottom of the sump.

Part B, Section 1.28.

Changed section to include Retrofit and Upgrade requirements in addition to Repair Requirements; added site assessment req. and record documentation

Part B, Section 1.28.2.

Cross referenced requirement to report abnormal operating conditions with Part E, Section 1.2.

Part B, 1.29.2.1.2

ATG performing tank tightness test "at a minimum of once every 30 calendar days"

Pat B, Section 1.29.3.3

Added option to use modified inventory control procedures to comply with inventory control req. for Used Oil USTs.

Part B, 1.29.4.3.2.

Add requirement the stick readings for manual tank gauging must be an average of 2 consecutive stick readings

Part B, 1.29.4.3.3.

Added " the change in Tank volume shall be calculated from the difference in the average beginning and average ending liquid level measurements and…"

Part B, 1.29.4.3.4.

change "monthly tank volume" to "4 most recent change in tank volume numbers calculated in 1.29.4.3.3. of this Part shall be averaged and this test average…"

Part B, 1.29.4.3.5.

change "tank volume" to "tank volume test average"

Part B, Section 1.29.5.

Added requirements for modified inventory control for Used Oil USTs.

Part B, 1.29.5.1.2.

Deleted requirement for water removal within 7 days; Added requirement that DNREC be notified if water changes more than 2 inches

Part B, 1.29.6.1.4.

Added "the amount of used oil removed from the UST shall be recorded"

Part B, 1.29.7.7.

Added requirements for exemption from testing for double wall spill prevention devices with interstitial monitoring on Used Oil USTs

Part B, Section 1.30.4.

Added requirement for piping on emergency generator UST Systems that

Part B, 1.30.4.

Added requirement that emergency generators cannot utilize a piping tightness test to comply with piping release detection; must use interstitial monitoring

Part B, Section 1.31

Routine Inspection: Changed 'once every calendar month' to "an interval no less frequently than once every 28-31 calendar days" to accommodate months with days ranging from 28-31 days

Part B, 1.31.1.5.*

Added: manual check of emergency shut off valves to routine inspection requirements DELETED

Part B, Section 1.32.3.3.

Deleted requirement that lined USTs be inspected as lining cannot be used to meet corrosion protection requirements.

Part B, Section 2.1.5.*

Add "All product shear valves shall annually be manually opened and loosened to prevent gum deposit build-up and other conditions that may affect the operation of the valve."

Part B, Section 2.2.3.

change "Tank Facility" to "UST System Facility"

Part B, Section 2.4.2.3.

Change "once during each calendar month" to "once every 30 calendar days" for clarification

Part B, 2.4.4.

Deleted

Part B, 2.9.1.1.4.

Added …. Release Detection on all UST Systems…. "Is operational prior to Regulated Substance being placed in the UST System"

Part B, 2.9.2.1.2

Add …Automatic tank gauge performing tank tightness testing at a minimum of once every 30 calendar days"

Part B, Section 2.9.3.1.1.

Changed "once a week" to "once every 7 calendar days" for clarification

Part B, Section 2.9.3.1.1.9.1.

Inventory reconciliation: Changed "once during each calendar month" to "at the end of each calendar month"

Part B, 2.9.3.1.1.9.2.

Change "Regulated Substance" to "calculated daily inventory" ….For any day in which there is a loss of five percent (5%) or more of the calculated daily inventory

Part B, Section 2.9.3.1.1.9.4.

Added requirement that automatic systems utilized for performing inventory must comply with preventative maintenance requirements

Part B, 2.9.5.1.5.1.

words added: "Inspection of the ATG console for proper printer operation"

Part B, Section 2.9.5.1.3.

Change "once during each calendar month" to "once every 30 calendar days" for ATG when used for tank release detection to meet federal requirements

Part B, 2.9.6.5.3. and 2.9.8.5.3.

Change "Free Product" to "LNAPL"

Part B, 2.9.6.6.3.2. and 2.9.8.6.3.2. and 2.9.10.4.3.2.

Add …"and the results reported to the owner or operator within 21 days"

Part B, 2.9.8.6.2. & 2.9.8.6.3.

Changed "tested" to "testing" and "sampled" to "sampling"

Part B, 2.9.9.9.3.

Change "31" to "30" days

Part B, Section 2.9.9.9.2. And 2.9.9.9.5.

change "Tank system" to "UST System"

Part B, Section 2.9.10.4.3.

Change "once during each calendar month" to "once every 30 calendar days" for clarification

Part B, Section 2.16.1.3.

Changed time frame for repair of cathodic protection systems on metallic piping from 30 to 60 days to be consistent with time frames for repair of cathodic protection on Tanks.

Part B, Section 2.16.1.5.

Clarification language added to define what 'restore cathodic protection" requires

Part B, 2.18.1.

Added suction piping shall "operate at less than atmospheric pressure"

Part B, Section 2.20.1.4.

Line Leak Detector Testing - Deleted "in accordance with manufacturer's test protocols" as not all manufacturer's have a test protocol. Added testing must be done in-line under normal operating conditions. Eliminates "bench testing" of LLD.

Part B, Section 2.20.2.3.2.

Changed "automatic tank gauge" to "interstitial monitoring equipment" for clarification

Part B, Section 2.20.2.3.5.

Cross referenced with Section 2.26 for clarification

Part B, Section 2.21.3.

Added requirements for D/W Suction Piping systems to utilize to comply with release detection requirements

Part B, Section 2.22.7.

Added specific requirements for interstitial monitoring of double wall spill containment for clarification

Part B, 2.22.2.

Delete "one of"

Part B, 2.22.7.

Added: Double wall spill containment with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part B, 2.22.7.1. and 2.22.7.2.

Deleted

Part B, 2.23.3.4.

Deleted "(s)"

Part B, 2.25.2.7.

Section divided into 2 sentences for clarification. No requirements changed.

Part B, Section 2.25.2.8.

Added requirements: Before a repair can be made to a Sacrificial Anode CP system, results of the 2 most recent CP tests and release detection records must be submitted to the Dept.

Part B, 2.25.2.8.

Add "Repair or replacement"

Part B, 2.25.2.12.

Added "Impressed Current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or Replacement for a failed Sacrificial Anode Cathodic Protection system after January 1, 2008.

Part B, 2.25.3.7.

Section divided into 2 sentences for clarification. No requirements changed.

Part B, 2.25.3.8.

Add "Repair or replacement"

Pat B, Section 2.25.2.9. and 2.25.3.9.

Added: No internal assessment will be accepted for the purpose of determining the integrity of an UST System if the tank has an internal lining.

Part B, Section 2.25.3.8.

Added requirement: Before a repair can be made to an impressed current CP system, results of the 2 most recent CP tests, rectifier reading records and release detection records must be submitted to the Dept.

Part B, Section 2.26.1.

Added containment sump testing for sumps with sensors used for compliance with Release Detection requirements for double wall suction piping - necessary after section 2.21.3. was added

Part B, Section 2.26.3.

Added: "Owners and Operators shall immediately remove water, Regulated Substance or debris that accumulates in any Containment Sump"

Part B, 2.26.3. and 2.30.7.4.

change "immediately" to "immediately upon discovery"

Part B, Section 2.28.1.

Added annual testing of sensors used for continuous IM monitoring of DW spill buckets when used instead of annual testing of spill containment

Part B, 2.28.1.

Owners and Operators shall perform a functionality test of all sump and interstitial sensors

Part B, Section 2.28.2.

Added: All sensors installed in a sump for the purpose of detecting a Release from the UST System shall be installed no more than 1" from the bottom of the sump

Part B, Section 2.29.

Changed section to include Retrofit and Upgrade requirements in addition to Repair Requirements. Includes req. for soil sampling and documentation submittal to DNREC.

Part B, Section 2.29.2.

Cross referenced requirement to report abnormal operating conditions with Part E, Section 1.2.

Part B 2.29.4.

Add "Retrofits or Upgrades"

Part B, Section 2.30.2.1.

Deleted "as prescribed in section 2.9. of this Part" as not all Used Oil Release detection methods are listed in section 2.9.

Part B, 2.30.2.1.3.

Delete tank tightness testing as a method of Release Detection for Used Oil USTs

Part B, Section 2.30.3.3.

Added option to use modified inventory control procedures to comply with inventory control req. for Used Oil USTs.

Part B, Section 2.30.4.

Changed heading to "Manual Tank Gauging Requirements for Used Oil USTs"

Part B, 2.30.4.3.2.

Add requirement that an average of 2 stick readings must be taken for MTG

Part B, 2.30.4.3.3.

Added " the change in Tank volume shall be calculated from the difference in the average beginning and average ending liquid level measurements and…"

Part B, 2.30.4.3.4.

change "monthly tank volume" to "4 most recent change in tank volume numbers calculated in 1.29.4.3.3. of this Part shall be averaged and this test average…"

Part B, 2.30.4.3.5.

change "tank volume" to "tank volume test average"

Part B, Section 2.30.5.

Added requirements for modified inventory control for Used Oil USTs.

Part B, 2.30.5.1.2.

Deleted requirement for water removal within 7 days; Added requirement that DNREC be notified if water changes more than 2 inches

Part B, Section 2.30.6.1.

Correct section reference that is incorrect; Section 1.22. changed to Section 2.23.

Part B, Section 2.30.6.1.3.

Deleted requirement that amount added to Used Oil be measured and recorded; added "2.30.6.1.3. The amount of Used Oil added shall be such that the UST is not more than ninety percent (90%) full"

Part B, Section 2.30.6.1.3.

Added requirement for overfill prevention on Used Oil USTs that amount of Used Oil added cannot be more that 90% of ullage in tank

Part B, 2.30.7.4.

change "immediately" to "immediately upon discovery"

Part B, 2.30.7.7.

Added requirements for exemption from testing for double wall spill prevention devices with interstitial monitoring on Used Oil USTs

Part B, Section 2.31.1.

Added language that emergency generator USTs must comply with all requirements of the Regulations except where modifications are specifically listed in section 2.32.

Part B, Section 2.31.3.

Added option to use tank tightness testing OR any other approved method in section 2.9.

Part B, Section 2.32.1.

Routine Inspection: Changed 'once every calendar month' to "an interval no less frequently than once every 28-31 calendar days" to accommodate months with days ranging from 28-31 days and listed minimal parts of the UST System that must be checked

Part B, 2.32.1.5.*

Added: manual check of emergency shut off valves to routine inspection requirements DELETED

Part B, Section 2.33.3.4.

If an internally lined tank is not inspected on the required schedule and subsequently fails an internal inspection test the tank must be removed or closed in place.

Part B, Section 2.34.2.3.

Added "Internal Lining only" to allowable upgrades for existing tanks. Inadvertently omitted in original

Part B, Section 3.2.4.

Routine inspections are required on an Out Of Service UST System if the system is not empty.

Part B, Section 3.3.1.

Modified requirements for USTs changing from out of service to in service, to require testing of the system only if the UST System has been out of service for 3 months or more

Part B, Section 3.3.1.1.

Added Section 1 to requirements to correct omission from Jan 2008 regulations

Part B, Section 3.3.1.2.

Deleted reference to Section 2.9.7. because this is only tank tightness testing and the requirement is for the entire UST System to be tightness tested as applicable.

Part B, Section 5.5.1.

5.5._____ "Owners and Operators shall comply with the requirements of Part F of these Regulations until the UST System is permanently Removed or Closed In Place in accordance with these Regulations or does not store a Regulated Substance and all requirements of Part E of these Regulations are completed." Italicized wording adding for clarification

PART C

 

Part C

All titles changed to "Consumptive Use Heating Fuel UST Systems"

All applicable sections

Spill protection and Overfill protection changed to Spill prevention and Overfill prevention

Part C, Section 1.2.3.3.

change "tank location" to "UST System location" for clarification

Part C, Section 1.2.3.15.

Added Map of UST installation must include Domestic and Industrial Wells within 150 foot radius of the proposed UST location

Part C, Section 1.2.4. and 1.2.5.

For UST Systems installed after the revised 2008 Regulations are effective - Added minimum distance requirements from domestic, public and industrial wells to a new UST System to mirror the Delaware Regulations Governing the Construction and Use of Water Wells.

Part C, Section 1.4.3.3.

Containment sumps installed to meet secondary containment requirements must comply with the testing and maintenance requirements for containment sumps

Part C, Section 1.4.3.4.

Interstitial monitoring installed to meet secondary containment requirements must comply with the preventative maintenance program for interstitial monitoring in Section 1.9.4.3.

Part C, 1.9.1.1.4.

Added …. Release Detection on all UST Systems…. "Is operational prior to Regulated Substance being placed in the UST System"

Part C, 1.9.2.1.2

Add …Automatic tank gauge performing tank tightness testing at a minimum of once every 30 calendar days"

Part C, 1.9.3.3.

Added: " interstitial monitoring equipment shall be capable of producing a record of release detection monitoring results.

Part C, Section 1.9.3.1.1.6.4.

Added requirement that automatic systems utilized for performing inventory must comply with preventative maintenance requirements

Part C, Section 1.9.4.1.3.

Change "once during each calendar month" to "once every 30 calendar days" for ATG when used for tank release detection

Part C, 1.9.4.3.1.

words added: "Inspection of the ATG console for proper printer operation"

Part C, 1.17.1

Added suction piping shall "operate at less than atmospheric pressure"

Part C Section 1.19.1.4.

Deleted "in accordance with manufacturer's test protocols" as not all manufacturer's have a test protocol. Added testing must be done in-line under normal operating conditions. Eliminates "bench testing" of LLD.

Part C, Section 1.19.2.3.

Added language to allow continuous interstitial monitoring of double wall piping in lieu of an annual piping tightness test. Inadvertently omitted in Jan 2008 draft.

Part C, 1.19.3. - 1.19.3.1.6.

Section deleted: "Line Leak Detector & Tightness Test Requirements for Double Wall Piping Systems"

Part C, Section 1.20.3.

Added requirements for Double wall Suction Piping systems to utilize to comply with release detection requirements

Part C, 1.21.2.

Delete "one of"

Part C, Section 1.21.8.

Added specific requirements for interstitial monitoring of double wall spill containment for clarification

Part C, 1.21.8.

Added: Double wall spill containment with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part C, 1.21.8.1. and 1.21.8.2.

Deleted

Part C,1.22.3.4.

Deleted "be" and changed "Lines" to "Piping"

Part C, 1.24.2.7.

Section divided into 2 sentences for clarification. No requirements changed.

Part C, Sections 1.24.2.8.

Before a repair can be made to a Sacrificial Anode CP system, results of the 2 most recent CP tests and release detection records must be submitted to the Dept.

Part C, 1.24.2.8.

Add "Repair or replacement"

Part C, Section 1.24.2.9.

Added: No internal assessment will be accepted for the purpose of determining the integrity of an UST System if the tank has an internal lining.

Part C, 1.24.2.10.

Added "Impressed Current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or Replacement for a failed Sacrificial Anode Cathodic Protection system after January 1, 2008.

Part C, 1.25.2.

Added: Double wall containment sumps with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part C, Section 1.25.6.

Added: "Owners and Operators shall immediately remove water, Regulated Substance or debris that accumulates in any Containment Sump."

Part C, 1.25.6.

change "immediately" to "immediately upon discovery"

Part C, 1.26.1.

Added "sensors utilized for Release Detection"

Part C, 1.26.2.

Owners and Operators shall perform a functionality test of all sump and interstitial sensors at a minimum of once every twelve (12) months in accordance with the manufacturer’s specifications or as directed by the Department to verify proper sensor operation.

Part C, Section 1.26.3.

All sensors installed in a sump for the purpose of detecting a Release from the UST System shall be installed no more than 1" from the bottom of the sump.

Part C, Section 1.27.

Changed section to include Retrofit and Upgrade requirements in addition to Repair Requirements; added requirements for soil sampling and documentation submittal to DNREC.

Part C, Section 1.27.2

Cross referenced requirement to report abnormal operating conditions with Part E, Section 1.2.

Part C, 1.27.4

Add "Retrofits or Upgrades"

Part C, Section 1.27.3.

Added annual testing of sensors used for continuous IM monitoring of DW spill buckets when used instead of annual testing of spill containment

Part C, Section 1.28.1

Routine Inspection: Changed 'once every calendar month' to "an interval no less frequently than once every 28-31 calendar days" to accommodate months with days ranging from 28-31 days

Part C, Section 1.29.3.3.

Deleted requirement that lined USTs be inspected as lining cannot be used to meet corrosion protection requirements.

Part C, Section 2.2.3.

change "Tank Facility" to "UST Facility"

Part C, 2.4.4.

Deleted

Part C, 2.5.2.

Corrected section references

Part C, 2.9.1.1.4.

Added …. Release Detection on all UST Systems…. "Is operational prior to Regulated Substance being placed in the UST System"

Part C, 2.9.2.1.2

Add …Automatic tank gauge performing tank tightness testing at a minimum of once every 30 calendar days"

Part C, 2.9.4.1.4.1.

words added: "Inspection of the ATG console for proper printer operation"

Part C, Section 2.9.5.6.2.

changed "each calendar month" to "every thirty days"

Part C, 2.9.5.6.3.2.

Add …"and the results reported to the owner or operator within 21 days"

Part C, Section 2.9.5.7.

Correct incorrect Section reference from 2.9.6.6. to 2.9.5.6.

Part C, 2.9.7.5.3.

Change "Free Product" to "LNAPL"

Part C, 2.9.7.6.2. & 2.9.7.6.3.

Changed "tested" to "testing" and "sampled" to "sampling"

Part C, 2.9.7.6.3.2.

Add …"and the results reported to the owner or operator within 21 days"

Part C, Section 2.16.1.3.

Changed time frame for repair of cathodic protection systems on metallic piping from 30 to 60 days to be consistent with time frames for repair of cathodic protection on Tanks.

Part C, Section 2.16.1.5.

Clarification language added to define what 'restore cathodic protection" requires

Part C, 2.18.1.

Added suction piping shall "operate at less than atmospheric pressure"

Part C, Section 2.20.1.4.

Deleted "in accordance with manufacturer's test protocols" as not all manufacturer's have a test protocol. Added testing must be done in-line under normal operating conditions. Eliminates "bench testing" of LLD.

Part C, Section 2.20.2.3.5.

Cross referenced with Section 2.26. for clarification

Part C, Section 2.21.3.

Added requirements for Double wall Suction Piping systems to utilize to comply with release detection requirements

Part C, 2.22.2.

Delete "one of"

Part C, Section 2.22.7.

Added specific requirements for interstitial monitoring of double wall spill containment for clarification

Part C, 2.22.7.

Added: Double wall spill containment with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part C, 2.22.7.1. and 2.22.7.2.

Deleted

Part C, 2.23.3.5.

Changed "storage" to "UST" and changed "Lines" to "Piping"

Part C, 2.25.2.7.

Section divided into 2 sentences for clarification. No requirements changed.

Part C, Section 2.25.2.8.

Before a repair can be made to a Sacrificial Anode CP system, results of the 2 most recent CP tests and release detection records must be submitted to the Dept.

Part C, 2.25.2.8.

Add "Repair or replacement"

Part C, Section 2.25.2.9. and 2.25.3.9.

Added: No internal assessment will be accepted for the purpose of determining the integrity of an UST System if the tank has an internal lining.

Part C, Section 2.25.3.8.

Before a repair can be made to an impressed current CP system, results of the 2 most recent CP tests, rectifier reading records and release detection records must be submitted to the Dept.

Part C, 2.25.2.10.

Move last sentence of 2.25.2.7. to create 2.25.2.10.

Part C 2.25.2.12.

Added "Impressed Current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or Replacement for a failed Sacrificial Anode Cathodic Protection system after January 1, 2008.

Part C, 2.25.3.7.

Section divided into 2 sentences for clarification. No requirements changed.

Part C, 2.25.3.8.

Add "Repair or replacement"

Part C, 2.25.3.8.3.

Add "2.25.3.8.3. Records of required rectifier readings from the date of the most recent passed impressed current Cathodic Protection test"

Part C, 2.26.2.

Added requirements for exemption from testing for double wall containment sumps with interstitial monitoring

Part C, 2.26.3.

change "immediately" to "immediately upon discovery"

Part C, Section 2.26.3.

Added: "Owners and Operators shall immediately remove water, Regulated Substance or debris that accumulates in any Containment Sump."

Part C, Section 2.27.1.

Added annual testing of sensors used for continuous IM monitoring of DW spill buckets when used instead of annual testing of spill containment

Part C, 2.27.1.

Owners and Operators shall perform a functionality test of all sump and interstitial sensors

Part C, Section 2.27.2.

All sensors installed in a sump for the purpose of detecting a Release from the UST System shall be installed at the lowest point in the sump

Part C, Section 2.28.

Changed section to include Retrofit and Upgrade requirements in addition to Repair Requirements; added site assessment req. and record documentation

Part C, Section 2.28.2.

Cross referenced requirement to report abnormal operating conditions with Part E, Section 1.2.

Part C, 2.28.4

Add "Retrofits or Upgrades"

Part C, Section 2.29.

Routine Inspection: Changed 'once every calendar month' to "an interval no less frequently than once every 28-31 calendar days" to accommodate months with days ranging from 28-31 days

Part C, Section 2.31.3.4.

If an internally lined HF tank is not inspected on the required schedule and subsequently fails an internal inspection test the tank must be removed or closed in place.

Part C, Section 2.32.

Reworded for clarity and added "internal lining only" to allowable upgrades for existing tanks. Inadvertently omitted in original.

Part C, Section 3.2.3.

Section 3.2.3. is created by splitting 3.2.2. into 2 sections. The verbiage is the same. ___

Part C, Section 3.2.4.

Routine inspections are required on an Out Of Service UST System if the system is not empty.

Part C Section 3.3.1.

Modified requirements for USTs changing from out of service to in service, to require testing of the system only if the UST System has been out of service for 3 months or more

Part C Section 3.3.1.1.

Added Section 1 to requirements to correct omission from Jan 2008 regulations

Part C, Section 3.3.1.2.

Deleted reference to Section 2.9.7. because this is only tank tightness testing and the requirement is for the entire UST System to be tightness tested as applicable.

PART D

 

All applicable sections

Spill protection and Overfill protection changed to Spill prevention and Overfill prevention

Part D, 1.1.1.

Add "manufacturing defects"

Part D, Section 1.2.3.3.

change "Tank Facility" to "UST System Facility"

Part D, Sections 1.2.4. and 1.2.5.

For UST Systems installed after the revised 2008 Regulations are effective - Added minimum distance requirements from domestic, public and industrial wells to a new UST System to mirror the Delaware Regulations Governing the Construction and Use of Water Wells.

Part D, Section 1.4.3.3.

Containment sumps installed to meet secondary containment requirements must comply with the testing and maintenance requirements for containment sumps

Part D, Section 1.4.3.4.

Interstitial monitoring installed to meet secondary containment requirements must comply with the preventative maintenance program for interstitial monitoring in Section 1.9.4.3.

Part D, 1.9.1.1.4.

Added …. Release Detection on all UST Systems…. "Is operational prior to Regulated Substance being placed in the UST System"

Part D, Section 1.9.2.1.2.

Deleted ATG performing a tank tightness test as an option for Release Detection to comply with federal requirements which require interstitial monitoring

Part D, Section 1.9.3.1.1.

Changed "once a week" to "once every 7 calendar days" for clarification

Part D, Section 1.9.3.1.1.3.

Changed drop tube from 6 inches to 5.9 inches from tank bottom to be consistent with Part B and C

Part D, Section 1.9.3.1.1.6.1.

Inventory reconciliation: Changed "once during each calendar month" to "at the end of each calendar month"

Part D, 1.9.3.1.1.7.

Change "Regulated Substance" to "calculated daily inventory" ….For any day in which there is a loss of five percent (5%) or more of the calculated daily inventory

Part D, 1.9.4.4.1.

Add …"proper printer operation"

Part D, Section 1.9.5.1.

Deleted ATG performing a tank tightness test as an option for Release Detection to comply with federal requirements which require interstitial monitoring

Part D, Section 1.9.5.1.2.

Change "once during each calendar month" to "once every 30 calendar days" for ATG when used for tank release detection to meet federal requirements

Part D, 1.17.1

Added suction piping shall "operate at less than atmospheric pressure"

Part D, Section 1.19.1.4.

Deleted "in accordance with manufacturer's test protocols" as not all manufacturer's have a test protocol. Added testing must be done in-line under normal operating conditions. Eliminates "bench testing" of LLD.

Part D, Section 1.19.2.

Deleted option for annual piping tightness test for Hazardous Substance piping to comply with Federal requirements that require interstitial monitoring

Part D, Section 1.19.2.1.

Added requirements for continuous interstitial monitoring of pressurized Piping systems to comply with federal release detection requirements.

Part D, Section 1.19.3.1.3.

Change "once during each calendar month" to "once every 30 calendar days"

Part D, 1.19.3. - 1.19.3.1.6.

Section deleted: "Line Leak Detector & Tightness Test Requirements for Double Wall Piping Systems"

Part D, Section 1.20.3.

Added requirements for D/W Suction Piping systems to utilize to comply with release detection requirements

Part D, 1.21.2.

Delete "one of"

Part D, 1.21.5.and 1.25.7.

change "immediately" to "immediately upon discovery"

Part D, Section 1.21.8.

Added specific requirements for interstitial monitoring of double wall spill containment for clarification

Part D, 1.21.8.

Added: Double wall spill containment with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part D, 1.21.8.1. and 1.21.8.2.

Deleted

Part D,1.22.3.4.

Deleted "(s)"

Part D, 1.24.2.7.

Section divided into 2 sentences for clarification. No requirements changed.

Part D, 1.24.2.8.

Add "Repair or replacement"

Part D, Section 1.24.2.8.

Added: Before a repair can be made to an impressed current CP system, results of the 2 most recent CP tests, rectifier reading records and release detection records must be submitted to the Dept.

Part D, 1.24.2.10.

Added "Impressed Current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or Replacement for a failed Sacrificial Anode Cathodic Protection system after January 1, 2008.

Part D, 1.25.2.

Added: Double wall containment sumps with interstitial monitoring are exempt from annual testing if the sensors are tested annually.

Part D, Section 1.25.7.

Added: "Owners and Operators shall immediately remove water, Regulated Substance or debris that accumulates in any Containment Sump."

Part D, 1.27.1

Added "sensors utilized for Release Detection"

Part D, 1.27.2. & 1.27.3.

Owners and Operators shall perform a functionality test of all sump and interstitial sensors at a minimum of once every twelve (12) months in accordance with the manufacturer’s specifications or as directed by the Department to verify proper sensor operation.

Part D, Section 1.27.4.

All sensors installed in a sump for the purpose of detecting a Release from the UST System shall be installed at the lowest point in the sump

Part D, Section 1.28.

Changed section to include Retrofit and Upgrade requirements in addition to Repair Requirements including addition of site assessment req and documentation submittal

Part D, Section 1.28.2.

Cross referenced requirement to report abnormal operating conditions with Part E, Section 1.2.

Part D, 1.28.4.

Add "Retrofits or Upgrades"

Part D, Section 1.29.

Routine Inspection: Changed 'once every calendar month' to "an interval no less frequently than once every 28-31 calendar days" to accommodate months with days ranging from 28-31 days

Part D, Section 1.29.1.2.

Added "intrusion of water" to routine inspection requirements

Part D, Section 1.30.3.4.

If an internally lined Hazardous Substance tank is not inspected on the required schedule and subsequently fails an internal inspection test the tank must be removed or closed in place.

Part D, Section 2.2.3.

Section 2.2.3. is created by splitting 2.2.2. into 2 sections. The verbiage is the same. ___

Part D, Section 2.2.4.

Routine inspections are required on an Out Of Service UST System if the system is not empty.

Part D Section 2.3.1.

Modified requirements for USTs changing from out of service to in service, to require testing of the system only if the UST System has been out of service for 3 months or more

Part D, Section 2.3.1.2.

Deleted reference to Section 2.9.7. because this is only tank tightness testing and the requirement is for the entire UST System to be tightness tested as applicable.

Part D, 3.3.3.

Change "Free Product" to "LNAPL"

Part D, 4.3.2.

Change "Free Product" to "LNAPL"

Part D, Section 4.5.

4.5._____ "Owners and Operators shall comply with the requirements of Part F of these Regulations until the UST System is permanently Removed or Closed In Place in accordance with these Regulations or does not store a Regulated Substance and all requirements of Part E of these Regulations are completed." Italicized wording adding for clarification

PART E

 

Part E, Section 1.1.1.2.

Changed to require notification of the DNREC hotline of an indicated release only when required to do by Chapter 60 statute and regulations

Part E, Section 1.1.1.1. and 1.3.2.1.

Deleted in-state hot line number. 800 number is now nationwide.

Part E, Section 1.1.1.3.

If the phone numbers listed in these Regulations are not valid it is the responsibility of the Person discovering the Release (changed from Responsible Party) to take all reasonable steps to ascertain a valid phone number.

Part E, Section 1.1.3.1.

Added Repair and Upgrade to situations where a site assessment is required.

Part E. 1.1.3.10.

Added "1.1.3.10. Release Detection required under these Regulations indicates a Release may have occurred"

Part E, Section 1.3.2.1., Section 1.4. and Section 1.5.

Corrected phone number for release reporting

Part E, 1.3.2.

"Any Person, including but not limited to environmental consultants or contractors, utility companies, financial institutions or real estate transfer companies, that discovers any Release of Regulated Substance, shall report the discovery within 24 hours to:"

Part E, 1.3.3.

Any Person who discovers a Release of any quantity of a petroleum substance that produces a visible sheen on surface waters shall immediately notify the National Response Center (800-424-8802).

Part E, 1.5.2.

Owners and Operators shall report….

Part E, Section 1.6. Public Notice Requirements for Confirmed Releases

Requires DNREC to inform the public of any confirmed release that requires cleanup; posting on the internet is an appropriate mechanism

Part E, 1.6.2.

Added "1.6.2. The DNREC shall ensure that relevant site release information relating to Remedial Action Plans is available to the public upon request."

Part E, Section 2.1.1. and 2.2.1.

Changed "Owner and Operator" to "Responsible Party"

Part E, Section 2.2.1.2.1.

Added additional relevant sections; Part C 1.13. and Part D, 1.13.

Part E, 2.2.1.3.

If the abnormal operating condition is the result of an equipment failure or malfunction, Owners and Operators shall Repair or replace all faulty equipment in accordance with all applicable portions of these Regulations.

Part E, Section 2.2.2.

Deleted section in Part E; included in Parts B, C and D in Repair, Retrofit and Upgrade requirements sections

Part E, 2.3.2.

Added "Owners and Operators shall notify the Department…."

Part E, Section 3.1.1.

Added situation where there is an Indicated Release to situations where the Dept can assume control.

Part E, Section 3.2.1.6.

Deleted "Owners and Operators" - redundant as they are included in Responsible Parties

Part E, Section 3.3.4.2.

Added "safety"; typo

Part E, Section 3.3.5.

Added req. that LCSM when updated must be submitted to the Dept.

Part E, Section 4.2.2.

Added path to go directly to a request for a NFA if the results of the investigation do not require remedial action.

Part E, Section 4.2.3.

Investigation reports must be organized in a report form in accordance with Department guidance

Part E, Section 4.4. and 5.4.

Site safety plans must be submitted only if the Department requests.

Part E, Sections 5 & 6

"Site Closure" changed to "No Further Action" throughout the Section

Part E, Section 6.1.3.

Request for NFA must be signed by a PG or PE when required by the Department.

PART F

 

Part F, entire section

Added throughout Part F …. Identical to the wording specified in Part F, §.."of the Delaware Regulations Governing Underground Storage Tank Systems"

Part F, entire section

Change "Secretary" to "Department"

Part F, Section 1.11.

Added requirement that Owners/Operators send documentation of current FR mechanism to the Dept within 30 days of confirmation of a Release, as req. by Federal regulations

Part F, Section 1.12.

Any UST System that does not have current FR must immediately empty the UST.

Part F

All Appendices changed to Forms and each Form given a section number to conform with the Del Registrar Style Manual

Part F

"Owner and Operator" changed to "Owner or Operator" - only one must show proof of compliance - are jointly and severely liable

Part F, 2.2.2.3.1.

Deleted "Board of Governors of the Federal Reserve System, the Comptroller of the Currency or the Federal Deposit Insurance Corporation"

Part F, 2.3.6.

Changed citation from 2.16 to 2.15

Part F, 2.4.3.

Added A.M. Best to the list of insurance ratings allowable.

Part F, 2.5.4.

change 2.16. to 2.15.

Part F, 2.6.1.

Add "in the State of Delaware"

Part F, 2.6.3.

change 2.16. to 2.15.

Part F, 2.10.1.

Change "Business" to "Governmental"

Part F, 2.14.2.2.

Add after Owner and Operator: "as required under the terms of the guarantee"

Part F, 2.14.2.3. & 2.14.2.4.

Add language from 40 CFR 280.114

Part F, Form A, Alternative I and II

Added specific types of liability "Amount of corrective action, closure and post-closure care costs, plugging and abandonment costs and other liability coverage covered by a financial test, and/or guarantee"

Part F, Form B

Add 2.2.1. to Recital 1 and 4 - "Guarantor meets or exceeds the financial test criteria of Part F, §2.2.1 and either §§2.2.2. or §2.2.3.

Part F, Form B

Change "business entity organized under the laws of the State of Delaware" to "State of ______".

Part F, Form B

Recital 3 - Add "owner or operator" to blank bracket

Part F, Form B

Recital 7 - change "shall" to "must"

Part F, Form G

Delete Section 2

Part F, Form M

(6) change "shall" to "must"

Part F, Form N

#3 change "Business" to "Governmental"

Part F, Form N

#3 change 2.12. to 2.15.

Part F, Form N

#7 change "shall" to "must"

Part F, Form O

(6) change "shall" to "must"

Part F, Form P

#7 change "shall" to "must"

Part F, Form Q

Change §24 to §2.11.1.3.

PART G

 

Part G, Section 1.4.1.7.

Clarified reporting requirements

PART H

 

No changes

 

NOTE: * Denotes changes after Public Hearing Jan 2010

 

13 DE Reg. 1562 (06-01-10) (Final)