DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

Tank Management Branch

Statutory Authority: 7 Delaware Code, Chapter 74A (7 Del.C. Ch. 74A)

REGISTER NOTICE

PROPOSED

1352 Aboveground Storage Tanks Regulations

1. Title of the Regulations:

Regulations Governing Aboveground Storage Tanks

2. Brief Synopsis of the Subject, Substance and Issues:

Senate Substitute No. 1 for Senate Bill No. 344 amended several sections of Title 7, Chapter 74A, The Jeffrey Davis Aboveground Storage Tank Act which required subsequent changes in the Delaware Regulations Governing Aboveground Storage Tanks. Other changes were made to add clarification to the existing Regulations.

Proposed changes include:

Part A, §1.2.2. – added Part A, §6 to correct omission in original Regulations.

Part A, §1.2.3. – added Part A, §6 to correct omission in original Regulations.

Part A, §1.2.3.3. – added Part A, §10 to comply with new signage requirements.

Part A, §1.2.4. –reworded to show what parts of the Regulations Hazardous Waste ASTs are not subject to.

Part A, §2

Change-In-Service – additional changes in service added

Closure – deleted as it is not used in the Regulations

Permanent Change in Contents – definition added

Permanent Closure in Place or Permanently Closed in Place or Permanently Closing in Place or Permanently Closed – definition added

Relocation or Relocating or Relocated – definition added

Removal or Removing or Removed – definition added

Upgrade – definition added

Part A, § 4.1.2. – Added Permanent Change in Contents (from regulated substance to unregulated substance) as situation whereby registration of an AST would no longer be required.

Part A, §4.3.2. – Capitalized defined terms.

Part A, §4.3.3. – Capitalized defined terms.

Part A, §4.4.2.5. – Capitalized defined terms.

Part A, §4.5.4. – Capitalized defined terms.

Part A, §4.6.1. – Capitalized defined terms.

Part A, §4.6.2. – Capitalized defined terms.

Part A, §7.1.1. – Deadline for preparation of Release Preparedness Plan added.

Part A, §8.1.6.5 – Capitalized defined terms.

Part A, §10 – Section added to require labeling of ASTs per SS1 for SB344.

Part B, §1.1. – The requirements for relocated ASTs stipulate that the relocated AST must meet New AST requirements therefore AST relocations has been added to the section for New ASTs.

Part B, §1.1. – AST relocations added to New AST section.

Part B, §1.3 – Notification requirement for Relocated AST added to mirror notification requirements for New ASTs.

Part B, §1.3.2. - Requirement for Relocated AST plans to be corrected to meet New ASTs requirements added to mirror requirements for New ASTs.

Part B, §1.4. - Requirement for Relocated AST approval letters to be posted added to mirror posting requirement for New ASTs.

Part B, §1.9. – Clarification added for construction permit fees. Construction Permit Fees apply only to New ASTs, not those being Relocated.

Part B, §9.1.7. - Capitalized defined terms.

Part B, §10.1. – Additional Referenced Standards added to include Shop-Fabricated ASTs.

Part B, §10.2. – Clarifications added and a requirement that the Department be notified and a formal approval letter be issued before Relocation of an AST added.

Part B, §11.1.5. - Capitalized defined terms.

Part B, §11.1.6. - Capitalized defined terms.

Part B, §11.2.1. - Capitalized defined terms.

Part B, §11.3. – This section was added to address ASTs that were built prior to the Regulations and are converting from storage of a non-Regulated Substance to storage of a Regulated Substance. Requirements include notification to the DNREC; internal cleaning and inspection; inspection to determine if the AST is structurally sound and Upgrading of piping.

Part B, §11.4. - This section was added to address ASTs that were built after the Regulations and are converting from storage of a non-Regulated Substance to storage of a Regulated Substance. Requirements include notification to the DNREC; internal cleaning and inspection; inspection to determine if the AST is structurally sound; API 570 testing and Upgrading of piping; and Upgrading of the AST to meet New AST standards as applicable.

Part B, §13.1.2. – Added clarification that the Department does not require notification for ASTs that are Out-of-Service for scheduled inspection or maintenance.

Part B, §13.1.3.2.- Deleted prescriptive requirement that manways on out-of-service ASTs be bolted and that valves be capped.

Part B, §13.1.3.3. – A requirement that documentation of the proper disposal of sludge, solids and residual Regulated Substances be retained has been added.

Part B, §13.1.4. – The site assessment requirement for ASTs that have been Out of Service for over 3 years was originally only in Part B, §14. It is reiterated here for clarification and remains in Part B, §14 also.

Part B, §14 – Relocations has been added to this section to address situations where a tank is removed from one area and relocated to another.

Part B, §14.1.1. – The notification requirement has been deleted as it is detailed in the Notification section in Part A.

Part B, §14.1.1. – Relocation and Conversion of an AST have been added to this section to clarify situations where contamination may be detected.

Part B, §14.2. - Relocation and Conversion of an AST have been added to this section to clarify situations when a site assessment is required.

Part B, §14.2.1.2. - Capitalized defined terms.

Part B, §14.2.1.3. - Relocation and Conversion of an AST have been added to this section to clarify situations when a site assessment is required.

Part B, §14.2.6. - Relocation and Conversion of an AST have been added to this sub-section to be consistent within all subsections of §14.

Part B, §15 – This section has been added to clarify the requirements when Removing an AST.

Part B, §16 - This section has been added to clarify the requirements when Permanently Closing an AST.

Part B, §17 - This section has been added to clarify the requirements when a Permanent Change in Contents of an AST occurs.

Part C, §1.1.2. – Added “or monthly” to accommodate months with 31 days.

Part C, §1.1.2.1 – Added “monthly” to accommodate months with 31 days.

Part C, §1.1.2.2. – Added “monthly” to accommodate months with 31 days.

Part C, §2.2.1. – Changed 30 days to 31 days to accommodate months with 31 days.

Part C, §3.1.1. – Changed 90 days to 93 days to accommodate months with 31 days.

Part C, §4.1.2. – Capitalized defined term.

Part C, §4.1.6. - Added “monthly” to accommodate months with 31 days.

Part C, §5.2.1. – Changed “every 60 days” to “no less frequently than every sixty-three (63) days” to accommodate months with 31 days.

Part C, §6.2.1. - Changed 30 days to 31 days to accommodate months with 31 days.

Part C, 8.1.5. - Changed 30 days to 31 days to accommodate months with 31 days.

Part D, § 3. – The aggregate storage capacity categories for the amount and scope of Financial Responsibility have been changed to more effectively represent the breakdown of AST ownership in Delaware.

3. Possible Terms of the Agency Action:

4. Statutory Basis or Legal Authority to Act:

Title 7, Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act and Senate Substitute No. 1 for Senate Bill No. 344.

5. Other Regulations that may be Affected by the Proposal:

None known.

6. Notice of Public Comment:

A Public Hearing will be held November 22, 2004 at 6:00pm at the DNREC, 391 Lukens Drive, New Castle, DE office.

7. Prepared by:

Jill Williams Hall , 302-395-2500, October 7, 2004

PART A

GENERAL REQUIREMENTS FOR ABOVEGROUND STORAGE TANKS

1.0 General Provisions

1.1 Statement of Authority and Purpose

1.1.1 These Regulations are enacted in accordance with Title 7 Del.C. Ch. 60, Environmental Control, and Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act.

1.1.2 The Delaware Department of Natural Resource and Environmental Control is responsible for protecting, preserving and enhancing the environmental quality of water, air and land of the State. In addition, the General Assembly of the State of Delaware has found "that it is therefore necessary to provide for more stringent control of the installation, operation, retrofitting, maintenance, repair, abandonment, and/or removal of aboveground storage tanks to prevent releases and where releases occur, to detect and remediate them at the earliest possible stage, thus minimizing further degradation of soil, air, surface water, and groundwater and promoting public safety."

The Regulations Governing Aboveground Storage Tanks are intended to address existing and potential sources of pollution that may result from ASTs. To ensure the prevention and early detection of a Release of a Regulated Substance should one occur, new tanks are required to meet acceptable design and installation criteria and existing tanks are required to upgrade by a schedule set forth to comparable standards. AST design criteria promulgated under these Regulations will minimize the risk of Regulated Substances impacting the environment. Release confirmation and remediation standards are set forth to require the clean-up of any Release that does occur.

1.2 Applicability

1.2.1 The requirements of these Regulations shall apply to all Owners and Operators of an AST as defined in these Regulations unless specifically exempted in these Regulations.

1.2.2 The following ASTs shall only be subject to the requirements of Part A, §1, Part A, §2, Part A §6 and Part A § 8 and Part E of these Regulations:

1.2.2.1 ASTs of 1,100 gallons or less in capacity, located on a farm, and used solely to facilitate the production of crops, livestock, or livestock products on the farm;

1.2.2.2 ASTs used solely to store propane gas;

1.2.2.3 ASTs of 1,100 gallons or less in capacity used solely to store Heating Fuel for consumptive use on the premises where stored;

1.2.2.4 ASTs of 1,100 gallons or less in capacity used solely to store Motor Fuel or motor oil for Noncommercial purposes;

1.2.2.5 ASTs installed on a temporary basis, not to exceed six months;

1.2.2.6 ASTs regulated pursuant to Title 29 Del. C. Ch. §8028, Division of Boiler Safety.

1.2.2.7 ASTs and associated equipment regulated as a part of a process regulated pursuant to Title 7 Del.C. Ch. 77 Extremely Hazardous Substances Risk Management Act.

1.2.3. The following ASTs shall only be subject to the requirements of Part A, §1.3; Part A, §2; Part A, §4.1; Part A, §4.2; Part A, §4.3; Part A, §4.4; Part A, §6; Part A, §8; Part A, §9; and Part E:

1.2.3.1 ASTs greater than 250 gallons and less than 12,499 gallons

1.2.3.2 ASTs used solely to store diesel, kerosene or heating fuel with a capacity of less than 40,000 gallons, and

1.2.3.3 ASTs having a capacity greater than 250 gallons and containing a Regulated Substance other than diesel, Heating Fuel or kerosene and ASTs having a capacity greater than 19,999 gallons and containing diesel, Heating Fuel or kerosene shall also be subject to the requirements of Part A, §10.

1.2.4. ASTs regulated pursuant to 7 Del.C., Chapter 63 and the Delaware Regulations Governing Hazardous Waste shall be exempted from Part E of these Regulations.

1.2.4 ASTs regulated pursuant to 7 Del. C. Chapter 63 and the Delaware Regulations Governing Hazardous Waste shall only be subject to the requirements of Part A, §1.3; Part A, §2; Part A, §4.1; Part A, §4.2; Part A, §4.3; Part A, §4.4; Part A, §9; and Part B and Part C and Part D.

1.2.5 The following types of aboveground storage tanks shall not be subject to these Regulations:

1.2.5.1 septic tank;

1.2.5.2 pipeline facility (including gathering lines) regulated under:

1.2.5.2.1 The Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.]; or

1.2.5.2.2 The Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or

1.2.5.2.3 Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline; or

1.2.5.2.4 Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations.

1.2.5.3 surface impoundment, pit, pond, or lagoon;

1.2.5.4 liquid trap or associated gathering lines directly related to oil or gas production or gathering operations;

1.2.5.5 Flow Through Process Tank that contains a Regulated Substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tanks does not include:

1.2.5.5.1 a tank that is used for the storage of material before its introduction into a production process; or

1.2.5.5.2 a tank that is used for storage of products or by-products from the production process; or

1.2.5.5.3 a tank that is used only to recirculate materials.

1.2.5.6 transformers, regulators and breakers used for the sole purpose of electrical power distribution and transmission;

1.2.5.7 containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6002 and regulated pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act.

1.2.6 Agricultural/Farm ASTs, shall only be subject to the requirements of Part A and Part E of these Regulations, provided that the Owner and Operator shall comply with a written best management practice for the Agricultural/Farm AST approved by the Department and appropriately updated for any substantial change of conditions. Failure to comply with the best management practice shall constitute a violation of this subsection subject to all appropriate enforcement sanctions including but not limited to daily penalties.

1.3 Enforcement

1.3.1 Any person who violates these Regulations shall be subject to all appropriate legal sanctions including but not limited to the provisions set forth in Title 7 Del.C. Ch. 74A,The Jeffrey Davis Aboveground Storage Tank Act, §7410A.

1.4 Severability

1.4.1 If any provisions of these Regulations are adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby.

1.5 Right of Appeals

1.5.1 Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with Title 7 Del.C. Ch. 60, Environmental Controls, §6008.

1.5.2 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 Title 7 Del.C. Ch. 60, Environmental Controls, §6009.

1.6 Joint and Several Liability

1.6.1 Throughout these Regulations, Owners and Operators are jointly and severally liable for all duties and requirements. When used in these Regulations, "Owners or Operators" shall mean that the Owners and Operators are jointly and severally liable for the applicable duties and requirements.

2.0 Definitions

The following words, terms and phrases have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

"Aboveground Storage Tank" or "AST" means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained Regulated Substances on or after January 1,1992. The term includes all ancillary aboveground pipes and Dispensing Systems up to the first point of isolation and all ancillary underground pipes and Dispensing Systems. Within this definition, the word "vessel" includes any container that can be partially visually inspected, from the exterior, in an underground area. The term AST does not include any of the following:

• "septic tank;

• "pipeline facility (including gathering lines) regulated under:

• the Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.], or

• the Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or

• Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline; or

• Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations.

• surface impoundment, pit, pond, or lagoon;

• liquid trap or associated gathering lines directly related to oil or gas production or gathering operations;

• Flow Through Process Tank that contains a Regulated Substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not include: 1) a tank that is used for the storage of material before its introduction into a production process; 2) a tank that is used for storage of products or by-products from the production process; or 3) a tank that is used only to recirculate material

• transformer, regulators and breakers used for the sole purpose of electrical power distribution.

• containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6002 and regulated pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, §6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act.

"Accidental Release" as it relates to Financial Responsibility requirements of Part D, means any sudden or nonsudden release of a Regulated Substance from an AST that is deemed at the Department's discretion to represent an unacceptable risk to human health, safety or the environment based on accepted principles of risk assessment.

"Agricultural/Farm AST" means an AST less than 40,000 gallons containing a Regulated Substance, the contents of which are applied to the soil, crops, or livestock or ingested by livestock and used solely to directly facilitate the production of crops, livestock, livestock products or golf course turf. Crops include fish hatcheries, rangeland, cropland and nurseries including turf grass growing operations. Agricultural/Farm ASTs do not include ASTs used to store substances used in a manufacturing process. A manufacturing process does not include Agricultural/Farm ASTs used to store and blend Regulated Substances for retail sales.

"Ancillary Piping" means all piping, including valves, elbows, joints, flanges, and flexible connectors, attached to an AST through which Regulated Substance may flow.

"Annual Aggregate" means the total amount of financial responsibility available to cover all obligations that might occur in one year.

"API" means American Petroleum Institute.

"ASTM" means American Society for Testing and Materials.

"Blanketing" means the technique of maintaining the Ullage volume in a regulated AST below the Limiting Oxidant Concentration (LOC) by the use of an Inert Gas.

"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;

"Bulk Storage" as it is used in Part B, Section 12 of these Regulations, means an AST which is used to store a Flammable Regulated Substance and has the Flammable Regulated Substance added to or withdrawn from the AST by a vessel, tanker truck, rail car or pipeline.

"Cathodic Protection System" means a method to prevent corrosion to metal objects by forcing protective current from an external source onto the structure to be protected to counter or overcome any corrosion activity on its surface.

"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 USC, § 9601(14)] and any amendments thereto.

"Certified API 653 Inspector" means an individual who is certified by the American Petroleum Institute under the terms of the API 653 certification program to perform AST inspections.

"Certified API 570 Inspector" means an individual who is certified by the American Petroleum Institute under the terms of the API 570 certification program to perform piping inspections.

"Certified STI-SP001" means an individual who is certified by the Steel Tank Institute under the terms of the STI certification program to perform Shop-Fabricated AST inspections.

"Change In Service" means any change to a registered AST to include but not be limited to permanent change in nature of contents, rRemoval, Permanent Change in Contents, Relocation, Permanent Closure in Place, change in status from either In-Service Tank or Out-Of-Service Tank, or conversion to storage of other than Regulated Substances or conversion to a use other than as an AST.

"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.

"Closure" means removing an AST from active use with the intent to not introduce a Regulated Substance into or otherwise use the AST for dispensing or storage of a Regulated Substance.

"Combustible" means capable of undergoing Combustion.

"Combustion" means the chemical process of oxidation that occurs at a fast enough rate to produce heat and usually light in the form of either a glow or flame.

"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 an AST under conditions likely to be encountered at an AST facility.

"Consumptive Use" with respect to heating fuel means consumed on the premises where stored.

"Continuous Leak Detection" means the uninterrupted measurement of the contents or other characteristics or parameters of an AST which immediately notifies the Operator of the failure of an AST to contain a Regulated Substance.

"Controlling Interest" means direct ownership of at least 50 percent of the voting stock of another entity;

"Deflagration" means the propagation of a Combustion zone at a velocity which is less than the speed of sound in the unreacted medium.

"Deflagration Pressure Containment" means the technique of specifying the design pressure of a regulated AST and its appurtenances so they are capable of withstanding the maximum pressures resulting from an internal Deflagration.

"Deflagration Suppression" means the technique of detecting and arresting Combustion in the Ullage volume of a regulated AST while the Combustion is still in its incipient stage, thus preventing the development of pressures that could result in a rupture of the AST.

"Department" means the Delaware Department of Natural Resources and Environmental Control.

"Dispensing" as it is used in Part B, Section 12 of these Regulations, means an AST which stores a Flammable Regulated Substance which is transferred directly from the AST into a portable container, or into the fuel tank of a motor, a motor vehicle or a boat to be used as a motor fuel.

"Dispensing System" means any devise including, but not limited to, hoses (rigid or flexible), piping, fittings, fixtures, gauges, alarms, rupture disks, pressure release valves, flanges, or valves and pumps that are used to distribute, meter or control the flow of Regulated Substance to and from an AST.

"Electrically Isolated" means the electrical separation of the AST from the piping and from other metallic structures and the environment by means of a nonconductive fitting or bushing.

"EPA" means the United States Environmental Protection Agency.

"Existing AST" means an AST for which substantial physical installation began prior to the effective date of these Regulations. The term substantial physical installation includes, but is not limited to, a permit or contract for the installation.

"Facility" means any location or part thereof containing or having contained one or more ASTs.

"Field-Constructed" means an AST which is constructed by assembling on-site at a Facility.

"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:

• a 10 K report submitted to the SEC; or

• an annual report of tangible net worth submitted to a recognized rating service such as Dun & Bradstreet; or

• annual reports submitted to the Energy Information Administration or the Rural Electrification Administration.; or

• audited financial report; or

• annual reports submitted to the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or the Federal Deposit Insurance Corporation.

"Fixed Roof" means an AST which has an immovable roof or cover used as the sole means to either contain the vapors from a Regulated Substance stored within the AST or prevent unwanted contaminants from entering the AST.

"Flammable" means a Regulated Substance which meets the definition of an NFPA 30 Flammable Liquid.

"Floating Roof" means an AST which has a movable roof or cover which floats or rides upon the surface of a Regulated Substance to contain vapors from a Regulated Substance stored within the AST or prevent unwanted contaminants from entering the AST.

"Flow Through Process Tank" means a tank that contains a Regulated Substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not include: 1) a tank that is used for the storage of material before its introduction into a production process; 2) a tank that is used for storage of products or by-products from the production process; or 3) a tank that is used only to recirculate materials.

"Free Product" means immiscible liquid phase Regulated Substance existing in the subsurface with a positive pressure such that it can flow into a well.

"Guarantor" means a business entity that:

• Possesses a controlling interest in the Owner and Operator; or

• Possesses a controlling interest in a firm that has a controlling interest in the Owner and Operator; or

• Is an affiliate which is controlled through stock ownership by a common parent firm that possesses a controlling interest in the Owner and Operator; or

• Is engaged in a substantial business relationship with the Owner and Operator and is issuing the guarantee as an act incident to that business relationship.

"Heating Fuel" also known as heating oil, means a type of fuel oil that is one of seven technical grades. These grades are: No. 1, No. 2, No 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 residual and other fuels used as substitutes for one of these fuels such as kerosene and diesel when used for heating purposes.

"Impervious" means a material of sufficient thickness, density and composition that is impenetrable, or has a permeability of less than 1 X 10 7 cm/sec. to the Regulated Substance, 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.

"Impressed Current System" means direct current supplied to a Cathodic Protection System.

"Inert Gas" means a gas which is nonreactive with the contents of an AST. Inert gases may include but shall not be limited to nitrogen, carbon dioxide, helium, argon, xenon and krypton. An Inert Gas may consist of a mixture of different inert gases.

"Inerting" means the technique by which a Combustible mixture in the Ullage volume of an AST is rendered non-ignitable by the addition of an Inert Gas which reduces the Oxidant concentration below the Limiting Oxidant Concentration (LOC).

"In Service" means an AST that:

• is being actively maintained or operated; or

• contains a Regulated Substance or has a Regulated Substance regularly added to or withdrawn from the tank; or

• is emptied solely for the purpose of cleaning, routine maintenance, or a change in product, for a time period not to exceed 45 days.

"Leak" means the failure of an AST to contain a Regulated Substance.

"Leak Detection" means electronic, manual or mechanical measurement of the contents or other characteristics or parameters of an AST which notifies the Operator of the failure of an AST to contain a Regulated Substance.

"Legal Defense Cost" means any expense that an Owner and Operator or provider of financial assurance incurs in defending against claims or actions brought by:

• The EPA or the Department to require investigations and/or corrective action or to recover the costs of investigations and/or corrective action;

• Or on behalf of a third party for Bodily Injury or property damage caused by an Accidental Release; or

• Any person to enforce the terms of a financial assurance mechanism.

• "Limiting Oxidant Concentration" (LOC) means the concentration of an Oxidant below which a Deflagration cannot occur.

"Local Government" shall have the meaning given this term by applicable State law and includes Indian tribes. The term is generally intended to include:

• Counties, municipalities, townships, separately chartered and operated special districts (including Local Government public transit systems and redevelopment authorities), and independent school districts authorized as governmental bodies by State charter or constitution; and

• Special districts and independent school districts established by counties, municipalities, townships, and other general purpose governments to provide essential services.

"Major Repair or Major Alteration" means operations that require cutting, addition, removal and/or replacement of the annular plate ring, the shell to bottom weld, or a sizable portion of the shell of an AST. These include but are not limited to the following:

• the installation of any shell penetration beneath the design liquid level larger than 12 inches National Pipe Standard, or any bottom penetration located within 12 in. of the shell.

• the removal and replacement or addition of any shell plate beneath the design liquid level, or any annular plate ring material where the longest dimension of the replacement plate exceeds 12 in.

• the complete or partial (more than one-half of the weld thickness) removal and replacement of more than 12 in. of vertical weld joining shell plates, or radial weld joining the annular plate ring.

• the installation of a new bottom. This does not include new bottoms in tanks where the foundation under the new bottom is not disturbed and either condition 1 or 2 are met:

• For tanks with annular rings, the annular ring remains intact.

• For tanks without annular rings, the repair does not result in welding on the existing bottom within the critical zone.

• the removal and replacement of any part of the weld attaching the shell to the bottom or to the annular ring.

• jacking of a tank shell.

"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 a petroleum-based substance which is typically used in the operation of a motor vehicle, small engine or aircraft engine, including:

• Motor gasoline;

• Aviation gasoline;

• No. 1 or No. 2 diesel fuel, and

• Any grade of gasohol.

"NACE" means National Association of Corrosion Engineers.

"New AST" means a tank for which substantial physical installation began on or after the effective date of these Regulations.

"NFPA" means National Fire Protection Association, Inc.

"Noncommercial Purposes" with respect to Motor Fuel or motor oil means the product in the AST is not used for any activities that result in monetary gain.

"Non-Ignitable" means a gas or vapor in the presence of an Oxidant in which Combustion cannot be initiated by the introduction of an ignition source such as a flame, spark, or heat.

"Occurrence" as it relates to financial responsibility, means an accident, including continuous or repeated exposure to conditions, which results in a release from an AST. 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".

"Operator" means a person who has responsibility for the care, custody, and control of the daily operation of an AST, including but not limited to responsibility conferred by lease, contract or other form of authorization agreement.

"Orphan Tank" means:

• a tank for which the last person to operate the tank cannot be identified; or

• a tank on property as to which the property Owner can establish that the Owner did not obtain and could not have obtained, through the exercise of reasonable and due diligence, knowledge of the existence of the tank prior to purchase of the property.

"Out-Of-Service" means an AST that is:

• designated as an Out-Of-Service by the Owner and Operator and the Owner and Operator shall provide notification to the Department on a Department registration form; or

• an empty tank; or

• not in use, in that it has not had, within any 45-day period, a Regulated Substance transferred into or withdrawn from the tank and has been drained of all contents and is empty.

"Owner" means a person:who has or has had a legal interest in a Facility or AST; or

• who has or has had an equitable interest in a Facility or AST except when a person holds an interest in a tank, as a security interest unless through foreclosure or other such action the holder has taken possession of or operated the tank.

"Oxidant" means any material that can react with a Regulated Substance to support Combustion in the Ullage of an AST. Oxygen in air is the most common Oxidant.

"PEI" means Petroleum Equipment Institute.

"Permanent Change in Contents" means leaving an AST and Ancillary Piping in its installed location, removing the Regulated Substance from the AST and Ancillary Piping, thoroughly cleaning the interior of the AST and the Ancillary Piping, and continuing active use of the AST and Ancillary Piping with the intent of only storing and conveying a non-Regulated Substance in the AST and Ancillary Piping.

"Permanent Closure in Place" or "Permanently Closed in Place" or "Permanently Closing in Place" or "Permanently Closed" means leaving an AST and Ancillary Piping in its installed location, removing the Regulated Substance from the AST and Ancillary Piping, thoroughly cleaning the interior of the AST and the interior of the Ancillary Piping, disconnecting the Ancillary Piping from the AST, securing the AST and the Ancillary Piping to prevent unauthorized access, and discontinuing active use of the AST and Ancillary Piping with the intent of not introducing a Regulated Substance into the AST and Ancillary Piping.

"Permeability" means the ease with which fluid can move through a material and is measured by the rate of flow in suitable units.

"Person" means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body.

"Pipe" means an impermeable hollow cylinder or tubular conduit that conveys or transports Regulated Substances, or is used for venting, filling, or removing Regulated Substances.

"Professional Engineer" means "engineer", as defined in Title 24 Del. C., Chapter 28, Professional Engineers, namely, a person who by reason of his or her advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice Professional Engineering, and who is licensed by the Delaware Association of Professional Engineers.

"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 and Operator of an AST 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.

"RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 USC §6901 et seq.

“Reconstruction" means any work necessary to reassemble an AST that has been dismantled and rRelocated to a new site.

"Regulated Substance" means a liquid or gas that:

• contains one percent or more of a hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42U.S.C. §9601(14)] and any amendments thereto; or

• contains 0.1 percent or more of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated; or

• is a petroleum product, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); or

• is a substance determined by the Secretary through regulation to present a risk to public health or welfare or the environment if released into the environment.

"Release" means the spilling, leaking, discharging, leaching, or disposing of a Regulated Substance into groundwater, surface water, soil, or air that is not permitted by law, regulation or permit.

"Release Prevention Barrier" means an Impervious barrier that serves to prevent the escape of Regulated Substance or to contain or channel the released Regulated Substance for Leak Detection.

"Relocation" or "Relocating" or "Relocated" means removing the Regulated Substance from an AST, thoroughly cleaning the interior of the AST, moving the AST to a new location within a Facility without a transfer of ownership or moving the AST to a different Facility without a transfer of ownership, installing the AST in its new location, and inspecting the AST prior to its continued use for the storage of a Regulated Substance.

"Removal" or "Removing" or "Removed" means taking the Regulated Substance from the AST and Ancillary Piping, thoroughly cleaning the interior of the AST and Ancillary Piping, completely displacing the AST and Ancillary Piping from its installed location, and rendering the AST and Ancillary Piping permanently non-useable or discontinuing use of the AST and Ancillary Piping as an AST and Ancillary Piping with the intent of not introducing a Regulated Substance into the AST and Ancillary Piping.

"Retrofit" or “Upgrade” means to modify an AST to meet standards contained in these Regulations.

"Sacrificial Anode System" means a system to control corrosion of a metal surface which entails installing an electrode of an electrochemical cell that will oxidize preferentially to the metal surface that has been made the cathode of the electrochemical cell.

"Secondary Containment" means a containment system designed and constructed to retain any Regulated Substance that leaves the primary containment including an AST and Ancillary Piping and prevent any Regulated Substance from reaching the surface water, groundwater, or adjacent land before cleanup occurs. Included are structures/ devices sufficiently impermeable to contain released Regulated Substances for a period of time sufficient for the cleanup and removal of captured material including;

• dikes, berms or retaining walls;

• curbing;

• diversion ponds, holding tanks, sumps;

• vaults;

• double-walled tanks;

• liners external to the tanks;

• other means as approved by the Department.

"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee.

"Shop-Fabricated" means an AST which is constructed at a tank manufacturer's plant and transported to a Facility for installation.

"Spark Extinguishing System" means a process in which the radiant energy of a spark or an ember is detected and the spark or ember is quenched.

"Spent Acid" or "Spent Caustic" means an acid or caustic Regulated Substance which was used in a process where it was mixed with, or reacted with, or used as a catalyst to produce, or may have come in contact with a Flammable liquid as defined by NFPA 30.

"State" means the State of Delaware.

"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 and 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 AST 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.

"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 economic benefits obtained or controlled by a particular entity as a result of past transactions.

"Tank Management Branch" means the Tank Management Branch of the Division of Air and Waste Management in the Delaware Department of Natural Resources and Environmental Control.

"Termination" means only those changes that could result in a gap in financial responsibility coverage as where the insured has not obtained substitute coverage or has obtained substitute financial responsibility coverage with a different retroactive date of the original policy.

"Ullage" means the volume of a Fixed Roof AST which does not contain a Regulated Substance in liquid form. It is synonymous with the vapor space.

"Underground Pipe" means piping or portions of piping meeting all of the following conditions:

• Is physically underground and cannot be visually inspected; and

• Conveys or transports a Regulated Substance stored in the AST; and

• Is located between the AST and the first vessel, tank or other piece of equipment (other than piping components such as pumps, valves and the Dispensing System) that does not meet the definition of an AST.

"UL" means Underwriters Laboratories, Inc.

"Upgrade" or "Retrofit" means to modify an AST to meet standards contained in these Regulations.

"Upper Flammable Limit (UFL)" means the highest concentration of a Flammable substance in which Combustion can propagate in the presence of an Oxidant.

"Vault" means a structure that completely encloses the tank and must be constructed of materials compatible with the Regulated Substance to be contained in the AST.

"Verifiable Service" means delivery of mail by means of a delivery service that provides verification upon delivery.

3.0 Reference Standards

3.1 The referenced standards listed in this Section have served in part as the basis for the standards enacted under these Regulations. The most recent editions of the referenced standards are available for review and inspection with prior notification at the Department of Natural Resources and Environmental Control, Tank Management Branch and from the following sources (addresses of the cited organizations are subject to change):

3.1.1 American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C. 20005, (202) 682-8375.

3.1.2 National Association of Corrosion Engineers (NACE), P. O. Box 218340, Houston, Texas 77218, (713) 492-0535.

3.1.3 Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 60062, (847) 272-8800.

3.1.4 National Fire Protection Association (NFPA), Batterymarch Park, Quincy, MA 02269.

3.1.5 American Society for Non-destructive Testing (ASNT),1711 Arlington Lane, Columbus, Ohio 43228-0518.

3.1.6 Steel Tank Institute (STI), 570 Oakwood Road, Lake Zurich, Illinois 60047;

3.1.7 American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19429-2959

3.1.8 American Society of Mechanical Engineers (ASME), ASME International Three Park Avenue, New York, NY 10016-5990.0

3.1.9 National Board Inspection Code, National Board of Boiler and Pressure Vessel Inspectors Testing, 1055 Crupper Drive, Columbus, OH 43229, (614)888-8320.

3.1.10 American National Standards Institute (ANSI), 1819 L Street, NW, 6th Floor, Washington, DC 20036

3.2 In these Regulations, all referenced standards mean the most recent edition or version. The referenced standards apply to all ASTs without regard to or limitation by the application or usage of the referenced standard as expected or specified by the publishers of the referenced standards. For example, API 650 expressly applies only to tanks that contain petroleum, but as utilized in these Regulations, API 650 applies to all ASTs. Where there is an irreconcilable conflict between a standard or recommendation published by an industry or professional organization and referenced by these Regulations, and a requirement in these Regulations, the most stringent shall apply and control. Where there is an irreconcilable conflict between standards or recommendations published by industry or professional organizations and referenced by these Regulations, the most stringent shall apply and control.

3.3 Titles of Documents

3.3.1 American Petroleum Institute (API)

3.3.1.1 RP570, Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-Service Piping Systems

3.3.1.2 RP620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks

3.3.1.3 RP650, Welded Steel Tanks for Oil Storage

3.3.1.4 RP651, Cathodic Protection of Aboveground Petroleum Storage Tanks

3.3.1.5 RP653, Tank Inspection, Repair, Alteration, and Reconstruction

3.3.1.6 RP12D, Specification for Field Welded Tanks for Storage of Production Liquid

3.3.1.7 RP2000, Venting Atmospheric and Low Pressure Storage Tanks

3.3.1.8 RP1615, Installation of Underground Petroleum Storage Systems

3.3.2 National Association of Corrosion Engineers (NACE)

3.3.2.1 RP-01-69, Control of External Corrosion on Underground or Submerged Metallic Piping Systems

3.3.2.2 RP-01-93, External Cathodic Protection of On-grade Carbon Steel Storage Tank Bottoms

3.3.2.3 RP-02-94, Design, Fabrication, and Inspection of Tanks for the Storage of Concentrated Sulfuric Acid and Oleum at Ambient Temperatures

3.3.3 Underwriters Laboratory, Inc. (UL)

3.3.3.1 UL142, Steel Aboveground Tanks for Flammable and Combustible Liquids

3.3.3.2 UL971, Standard for Nonmetallic Underground Piping For Flammable Liquids

3.3.3.3 UL2085, Protected Aboveground Tanks for Flammable and Combustible Liquids

3.4 National Fire Protection Association (NFPA)

3.4.1 NFPA 30, Flammable and Combustible Liquids Code

3.4.2 NFPA 30A, Automotive and Marine Service Station Code

3.4.3 NFPA 69, Standards on Explosion Prevention Systems

3.4.4 NFPA 704, Standard for the Identification of the Fire Hazards of Materials for Emergency Response

3.5 American Society for Non-destructive Testing (ASNT)

3.5.1 SNT-TC-1A, Personnel Qualifications and Certification in Nondestructive testing

3.5.2 ASNT Central Certification Program Level II

3.6 Steel Tank Institute (STI)

3.6.1 SP001-03, Standard for Inspection of In-Service Shop Fabricated Above Ground Tanks for Storage of Combustible and Flammable Liquid.

3.7 American Society for Testing and Materials (ASTM)

3.7.1 ASTM D-2517, Standard Specification for Reinforced Epoxy Resin Gas Pressure Pipe and Fittings

3.7.2 ASTM D-2996-01, Standard Specification for Filament Wound Fiberglass (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe.

3.7.3 ASTM D-2583, Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor

3.8 American Society of Mechanical Engineers (ASME)

3.8.1 RTP-1 2000-2002, Reinforced Thermoset Plastic Corrosion Resistant Equipment

3.8.2 ASME, Boiler and Pressure Vessel Code

3.9 American National Standards Institute (ANSI)

3.9.1 ANSI 31.1, Power Piping

3.9.2 ANSI 31.3, Process Piping

3.9.3 ANSI 31.4, Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols

3.10 National Board Inspection Code (NBIC)

3.10.1 National Board Inspection Code, Appendix 9, Repair, Alteration and Inspection of Fiber Reinforced Thermosetting Plastic Pressure Equipment.

7 DE Reg. 1765 (6/1/04)

4.0 Registration And Notification Requirements

4.1 Registration Requirements

4.1.1 Any person that owns or operates an AST unless specifically exempted in §1 of this Part must register each AST with the Department on an AST registration form provided by the Department.

4.1.2 Registration of ASTs shall be renewed annually by payment of registration fees in accordance with Part A, 4.6 of these Regulations, on or before February 1 of every year and until the Department receives a formal notice that the AST has been rRemoved or pPermanently cClosed or undergone a Permanent Change in Contents in accordance with Part B, §14 of these Regulations or that the ownership of the Facility has been transferred.

4.1.3 No person shall own or operate an AST unless the AST is registered with the Department

4.1.4 Any person who sells or otherwise transfers ownership of an AST must notify the new Owner of the AST registration requirements of this Part.

4.1.5 The Owner shall sign and date all AST registration submittals.

4.1.6 The Owner shall notify the Department in writing of any significant change in the information presented on the original registration form including change of address, change of tank ownership, change in tank status, or change in product stored from a Regulated Substance to an unregulated substance at least ten (10) days prior to the change.

4.1.7 Owners may provide notice for multiple ASTs at a single Facility using one AST registration form, but Owners with ASTs located at more than one Facility must file a separate AST registration form for each Facility.

4.2 Existing ASTs

4.2.1 Owners and Operators must notify the Department of all existing ASTs that have contained a Regulated Substance on or after January 1, 1992, by completing an AST registration form provided by the Department and submitting the form to the Department by September 5, 2002.

4.3 Change in Service and Removal

4.3.1 The Owner and Operator of any AST which would become subject to these Regulations due to a Change In Service shall comply with these Regulations before instituting the changed use.

4.3.2 Owners or Operators must notify the Department on a form provided by the Department prior to rRemoving, pPermanently cClosing in pPlace or making a Change In Service to an AST. The notification form must be received by the Department at least ten (10) days prior to beginning the rRemoval or pPermanent closure in pPlace or making a Change In Service to the AST unless such action is in response to an imminent threat to human health, safety or the environment.

4.3.3 Removal or pPermanent closure in pPlace or Change In Service of an AST without required notification of the Department is prohibited.

4.4 Transfer of ownership

4.4.1 When a transfer of ownership of an AST occurs, the new Owner shall submit a transfer of ownership form and a completed registration form to the Department so that the Department shall receive these forms no later than thirty (30) days after the transfer.

4.4.2 The seller or former Owner shall at the time of ownership transfer, deliver to the buyer/new Owner all available documents and information relevant to the AST , such as:

4.4.2.1 Regulated Substance storage records;

4.4.2.2 Any approved plans for new installations;

4.4.2.3 Copies of registration forms;

4.4.2.4 Testing data and reports;

4.4.2.5 Reports documenting AST Permanent closure in Place and rRemoval;

4.4.2.6 Tank lining specifications used, if applicable;

4.4.2.7 Monitoring reports;

4.4.2.8 Soil and/or groundwater sampling and laboratory chemical analyses reports

4.4.2.9 Site assessment reports;

4.4.2.10 Equipment maintenance schedules and logs;

4.4.2.11 Repair records.

4.4.3 Any person who assumes ownership of an AST from a previous registrant must complete and return to the Department a new registration form and a transfer of ownership form. The new Owner and Operator may operate the AST for no more than 72 hours after assuming ownership without the Department having received the new registration form and a transfer of ownership form.

4.4.4 Any change in the structure of the AST Owner, including but not limited to any change in the corporate form and any change in the form of the business entity, shall constitute a transfer of ownership.

4.5 Registration fees

4.5.1 On or before February 1 of each calendar year, Owners and Operators of an AST must submit to the Department an annual per tank registration fee in accordance with Title 7 Del. C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, §7413A.

4.5.2 A registration fee not received by the Department by October 1, 2002 or by February 1 thereafter is subject to a late charge of 10% of the total fee.

4.5.3 Registration Fee Schedule

Tank Size Yearly Fee

12,499 - 39,999 gallons $300.00

40,000 gallons and greater $750.00

4.5.4 No annual registration fee will be required if an AST is rRemoved or abandoned Permanently Closed in Place or undergoes a Permanent Change in contents from a Regulationed Substance to a non-regulated substance prior to the February 1 deadline for payment of the tank registration fee. To qualify for this exemption, the Owner and Operator of the AST must must comply with the notification and rRemoval or pPermanent Closure in pPlace or Permanent Change in contents requirements of these Regulations.

4.6 Retrofitting/Upgrade of ASTs

4.6.1 AST Owners and Operators must shall notify the Department of all Retrofits or Upgrades of an AST on a form provided by the Department at least ten (10) days prior to beginning the rRetrofit or uUpgrade work.

4.6.2 If within the ten (10) day period, the required notification to the Department is completely satisfied, the rRetrofit or uUpgrade construction may proceed without waiting for the expiration of the 10 days.

4.6.3 If within sixty (60) days after initial notification to the Department work has not commenced, a new registration form must be submitted to the Department.

5.0 Alternative Procedures Approval Requirements

5.1 The Owner and Operator of an AST subject to the provisions of these Regulations may request in writing a determination from the Department that any requirement of these Regulations shall not apply to such AST, and shall request approval of an alternative procedure as required.

5.2 The Department in its discretion may approve alternative procedures or technology or a combination of alternative procedures or technologies not specified in the Regulations if the following requirements are met. The requirements must be submitted in writing and shall set forth as a minimum the following information:

5.2.1 Name and location of the Facility and the specific AST(s) for which an alternative procedure is sought;

5.2.2 The specific provision of the Regulations for which an alternative procedure is sought;

5.2.3 The contents of the AST;

5.2.4 The basis for the alternative procedure, including but not limited to the technical difficulties that would result from compliance with the established provision;

5.2.5 The alternative procedure or technology for which approval is sought; and

5.2.6 Documentation that demonstrates that the alternative procedure or technology meets or exceeds the performance standard for approved technologies and that the alternative procedure or technology offers a no less stringent degree of protection for human health, safety or the environment as would the requirements specifically established in these Regulations.

5.3 The Department will provide a written response to all requests for alternative technology approvals. The request may be denied, approved or approved with conditions. If the technology or procedure or a combination of technologies or procedures is approved, the Owner and Operator must comply with any conditions imposed by the Department on its use to ensure the protection of human health, safety or the environment.

5.4 In the case of a denial of a request under this Section the Department will respond to the request stating the justification for the denial.

6.0 Information Access

6.1 For the purpose of developing or assisting in the development of a standard regulation or of enforcement of these Regulations, an Owner and 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 tank and/or 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 tank or its contents and to conduct monitoring or require remediation activities, pursuant to Title 7 Del.C. Ch. 74A,The Jeffrey Davis Aboveground Storage Tank Act,§7406A, 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:

6.1.1 enter at reasonable times the Facility or other place where an AST or its records are located. The Owner and Operators shall permit unannounced inspections of tanks pursuant to these Regulations;

6.1.2 inspect and obtain samples from any Person of Regulated Substances and to conduct monitoring of tanks, contents, or surrounding soils, water, and/or air. An inspection must be commenced and completed with reasonable promptness.

6.2 In submitting data under Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, and these Regulations, a person required to provide such data may:

6.2.1 designate the data which the Owner and Operator believe is entitled to protection as business or corporate property under this subsection; and

6.2.2 submit such designated data separately from other data submitted under these Regulations.

6.3 Any such records, reports or information obtained shall be entitled to protection under United States Code Title 18 §1905, Disclosure of confidential information generally.

6.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A §9 of these Regulations and the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Ch. 100 as amended.

7 DE Reg. 1765 (6/1/04)

7.0 Release Preparedness Plan

7.1 Release Preparedness

7.1.1 The AST Owner or Operator must prepare a Release Preparedness Plan by June 11, 2005, for releases from ASTs at the facility. A copy must be kept at the facility at all times and be made immediately available to the Department upon request. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden Release of a Regulated Substance to soil, surface water or ground water. The plan must contain the following information:

7.1.1.1 A Facility map showing the location of buildings, ASTs and their stored products, and site utilities.

7.1.1.2 Emergency contact phone numbers (i.e. fire, police, DNREC, USCG, hospitals, environmental contractors).

7.1.1.3 The general location of area receptors and points of exposure such as natural resources, surface water bodies, public and private supply wells, and residential communities.

7.1.1.4 Fire, explosion and health and safety contingencies.

7.1.1.5 Contaminated soil excavation, staging, treatment and disposal contingencies.

7.1.1.6 Regulated Substance removal, containment and recovery contingencies.

7.1.1.7 The plan must include the actions Facility personnel must take to respond to fires, explosions or any unplanned sudden or non-sudden Release of a Regulated Substance to air, soil or surface water at the Facility.

7.1.1.8 The plan shall list names, addresses, and office phone numbers of all persons qualified to act as emergency coordinator and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. A Facility emergency coordinator must be available to respond at all times.

7.1.1.9 The plan must include a list of all emergency equipment at the Facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list and a brief outline of its capabilities.

7.1.1.10 The plan must include an evacuation plan for Facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked

7.1.2 A Release preparedness plan formulated under the direction of another local, State or federal program or a facility emergency or operational plan that meets the objectives of this Section may be accepted by the Department as proof of compliance with this Section.

7.1.3 The Release Preparedness Plan shall be reviewed and amended if:

7.1.3.1 Applicable regulations are revised.

7.1.3.2 The plan fails after a release.

7.1.3.3 The Facility changes its design or operations.

7.1.3.4 The list of emergency coordinators changes.

7.2 Release Intervention

7.2.1 The Department may assume control of any Release when it is determined that the Owner or Operator is not responding in accordance with the Regulations and Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act. All release liability will remain with the Owner or Operator. The Department may recover all release response intervention costs from the Owner and Operator and initiate enforcement action as necessary to achieve regulatory compliance.

7 DE Reg. 1765 (6/1/04)

8.0 Release and Leak Documentation, Response and Confirmation

8.1 Release Documentation, Response and Confirmation

8.1.1 No person shall knowingly allow any Release of a Regulated Substance from an AST to continue. Owners and Operators shall take immediate action to contain any Release so as to minimize the environmental impact of the Release and to immediately identify and mitigate fire, explosion and vapor hazards.

8.1.2 A Release of a Regulated Substance from an AST in excess of the reportable quantities specified in the regulations promulgated pursuant to Title 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, shall be reported to the Department in accordance with the requirements of Title 7 Del.C. Ch. 60 and the Regulations promulgated thereunder as amended.

8.1.3 Documentation on the routine in-service inspection report shall be made at the time of discovery of any Release or a suspected Release of a Regulated Substance from an AST in an amount less than the reportable quantities specified in the regulations promulgated pursuant to Title 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, that impacts soil, groundwater, or surface water outside a Secondary Containment area. If the commencement of cleanup activities cannot begin within 24 hours of discovery and cannot be completed within 7 days, the routine in-service inspection report shall be sent to the Tank Management Branch via fax or electronic mail.

8.1.4 When documenting a Release or a suspected Release from an AST the Owner and Operator shall describe:

8.1.4.1 The chemical name or identity of any substance involved in the Release or suspected Release and the approximate quantity released;

8.1.4.2 The Facility location and the Release or suspected Release location at the Facility;

8.1.4.3 The medium or media into which the Release or suspected Release occurred (i.e., soil, groundwater, surface water);

8.1.4.4 Possible impacted area receptors (i.e., surface water, wells, utilities, basements);

8.1.4.5 All corrective actions undertaken.

8.1.5 A suspected Release includes but is not limited to the following:

8.1.5.1 The discovery of released Regulated Substance in the area surrounding an AST, such as the presence of stained soils, vapors in soils, basements or utility lines, free product or dissolved product discovered in Monitor Wells or water supply wells, or sheens observed on surface water bodies; or

8.1.5.2 The occurrence of unusual operating conditions observed by the Owner and Operator, such as the sudden loss of Regulated Substance, erratic behavior of Regulated Substance Dispensing System, unless the AST is found to be defective but not leaking and is immediately repaired or replaced; or

8.1.5.3 AST monitoring results from a Leak Detection method or Release detection equipment unless either:

8.1.5.3.1 an equipment failure can be demonstrated and the faulty equipment is immediately repaired or replaced and additional monitoring does not confirm the initial result; or

8.1.5.3.2 in the case of inventory control, a second month of data does not confirm the initial result.

8.1.5.4 The presence of a Regulated Substance, or a signal from a Leak Detection device, or a laboratory report that shows the sample removed from an observation tube or Monitoring Well, or soil/water samples removed from an AST excavation contains a Regulated Substance, shall be evidence of a Release unless the responsible party affirmatively proves that no Release has occurred.

8.1.6 Upon an indication of a suspected Release of a Regulated Substance from an AST the Owner and Operator must immediately investigate and within seven (7) days confirm whether or not a Release has occurred. Actions may include but are not limited to:

8.1.6.1 Performing a visual inspection of all exposed portions of the AST including but not limited to: the storage tank, piping, loading rack, Dispensing System and ancillary equipment, and surrounding containment areas and ground surfaces;

8.1.6.2 Checking inventory records for discrepancies;

8.1.6.3 Checking Release detection monitoring devices;

8.1.6.4 Checking Monitoring Wells;

8.1.6.5 Testing system components, including but not limited to: storage tank bottoms, and underground piping and equipment, for tightness or integrity; Owners and Operators must repair, replace or upgrade the AST, and begin corrective action in accordance with Part E of these Regulations if the test results of the AST indicate that a Leak exists. Owners and Operators must conduct a site check if the test results for the AST do not indicate that a Leak exists but environmental contamination is the basis for suspecting a Release.

8.1.6.6 Owners and Operators must measure for the presence of a Release where contamination is most likely to be present at the AST site. In selecting sample types, sample locations, and measurement methods, Owners and Operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, type of backfill, the depth of ground water, and other factors appropriate for identifying the presence and source of the Release. Site check for the presence of a Release may be conducted by the use of: Monitoring Wells, analysis of soil samples, vapor monitoring (soil gas survey) methods or other methods.

8.1.6.7 Complete other actions as necessary to confirm the Release.

8.1.7 Within 24 hours of confirming a suspected Release of a Regulated Substance from an AST, Owners and Operators shall take immediate action according to this Section.

8.1.8 If a Release, other than those that can comply with §8.1.3 of this Part, is confirmed, the requirements of Part E of these Regulations shall be followed, unless the Owner and Operator is directed to do otherwise by the Department.

8.2 Leak Documentation, Response and Confirmation

8.2.1 No person shall knowingly allow any Leak of a Regulated Substance from an AST to continue.

8.2.2 A Leak of a Regulated Substance in a quantity less than the reportable quantities specified in the regulations promulgated pursuant to Title 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, inside the Secondary Containment area or that does not impact soil, groundwater, or surface water, and cannot be cleaned up within (7) seven days must be reported to the Tank Management Branch as soon as possible but in no instance shall reporting exceed (7) seven days from the time of discovery. Reporting may be made in person or by telephone or by electronic mail.

8.2.3 Documentation of the Leak and the calculations of how the amount leaked was determined must be maintained by the Owner and Operator at the Facility for the operational life of the AST.

8.2.4 Actions to prevent a reoccurrence of the Leak and actions to mitigate evidence of a Leak shall be initiated within 30 days. These actions shall include but are not limited to:

8.2.4.1 Repairing or replacing defective equipment or;

8.2.4.2 Modifiying operating procedures or;

8.2.4.3 Retraining employees.

8.2.5 Evidence from a Leak on Secondary Containment surfaces other than soil, shall be mitigated by mechanical and/or chemical means that do not compromise the impermeability of the Secondary Containment and which permit potential future Leaks to be readily discernible from evidence of previous Leaks.

8.2.6 Evidence from Leaks on the Secondary Containment surfaces comprised of soil shall be eliminated by excavating all impacted soils or a means by which a new stain is easily detectable and which does not compromise the impermeability of the Secondary Containment. Any area that is excavated shall be backfilled with a material of equal or superior impermeability.

9.0 Submittal Of Confidential Information

9.1 Any claim of confidentiality as to the name and address of any registration or notification applicants will be denied.

9.2 A business confidentiality claim must be asserted at the time of submission of the information or at the first opportunity provided, be asserted by a person claiming confidentiality, or the Department may release the information without further notice to the person. Business information is entitled to confidential treatment if:

9.2.1 The business has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn, and

9.2.2 The business has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information and that it intends to continue to take such measures, and

9.2.3 The information is not, nor has been, reasonably obtainable without the business' consent by other persons (other than governmental bodies) by the use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding), and

9.2.4 No statute specifically requires disclosure of the information, and

9.2.5 Either (a) the business has satisfactorily shown that disclosure is likely to cause substantial harm to its competitive position or (b) the information is voluntarily submitted and its disclosure would likely impair the Department's ability to obtain necessary information in the future.

9.3 Any information to which this section applies, which may be entitled to confidential treatment as determined by the Department, may be released upon request to the United States Environmental Protection Agency (EPA).

9.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A 9 of these Regulations and the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Ch. 100 as amended.

7 DE Reg. 1765 (6/1/04)

10.0 Signage Requirements

10.1. All ASTs having a capacity greater than 250 gallons and containing a Regulated Substance other than diesel, Heating Fuel or kerosene and all ASTs having a capacity greater than 19,999 gallons and containing diesel, Heating Fuel or kerosene shall be labeled using the hazard rating system in accordance with NFPA 704.

10.2. All ASTs having a capacity greater than 250 gallons and containing a Regulated Substance other than diesel, Heating Fuel or kerosene and all ASTs having a capacity greater than 19,999 gallons and containing diesel, Heating Fuel or kerosene shall be labeled with the word "Empty" if the tank contents have been removed.

10.3. All ASTs having a capacity greater than 250 gallons and containing a Regulated Substance other than diesel, Heating Fuel or kerosene and all ASTs having a capacity greater than 19,999 gallons and containing diesel, Heating Fuel or kerosene shall be labeled with the name of the tank contents or the name of the chemical family associated with the tank contents.

PART B

INSTALLATION AND UPGRADE REQUIREMENTS FOR NEW AND EXISTING ABOVEGROUND STORAGE TANKS

1.0 General Requirements For All New Aboveground Storage Tanks and AST Relocations

1.1 AST Owners and Operators must notify the Department of all proposed new ASTs used for storing Regulated Substances, at least sixty (60) days prior to installation. Notice must specify as a minimum:

1.1.1 the date of installation;

1.1.2 location including the address and a plan view dimensioned drawings of the facility of sufficient detail to locate the AST's with respect to the property lines and buildings or other structures located on the property and showing the relation of the AST to the site and the site to the surrounding area;

1.1.3 type of AST and piping Leak Detection system;

1.1.4 description of the Regulated Substance to be stored including CAS registry number or numbers if available;

1.1.5 type of overfill protection device;

1.1.6 detail showing the proposed method of Secondary Containment;

1.1.7 the design of the proposed Cathodic Protection System, if applicable;

1.1.8 description of the AST(s) to be installed, including dimensions, capacity, material of construction, manufacturer's name and address, model number, supplier's name and address, and any other information that completely describes the AST;

1.1.9 description of piping to be used, including Pipe diameters, materials, connections, and piping diagrams, as applicable;

1.1.10 any other information that will accurately convey the intended AST configuration.

1.2 No new ASTs shall be constructed of wood or concrete after the effective date of these Regulations.

1.3 Upon notification by the AST Owner and Operator, a review by the Department of the notification and accompanying documents must be made for compliance with the requirements for new ASTs or Relocate ASTs.

1.3.1 A formal letter of approval or denial of the installation shall be issued by the Department to the Owner and Operator within sixty (60) days of the Department's receipt of the installation notification and supporting documentation as specified in § 1.1 of this Part.

1.3.2 If a denial is issued, all required corrections and compliance with the new AST requirements or Relocated AST must be met before the installation can be approved.

1.3.3 If within the sixty (60) day notification period, the Department or its designee issued a formal letter of approval, the installation of the AST may begin.

1.4 Approval letters must be posted at the construction site at the facility where the new AST installation or AST Relocation is in progress.

1.5 During construction, an Owner and Operator shall not cause or allow a substantial design change which is not in accordance with the approved plans and all terms and conditions of the Department's approval.

1.6 The design engineer of record must approve in writing any and all substantial design changes and resubmit to the Department for formal approval.

1.7 A formal approval of installation shall be valid for one year from the date of approval. If construction of the AST is not initiated within one year of issuance of the Department's letter of approval, the approval shall lapse. For the purpose of this rule, initiated shall mean construction equipment commonly used in Facility or system construction has been mobilized to the site and that materials used in the construction of the Facility or AST have been delivered to the site and construction has begun.

1.8 Department approval for installation of an AST shall not eliminate the need to obtain applicable approvals and/or permits from the authority(ies) enforcing the State Fire Prevention Regulations, local building codes or other State or Federal laws or regulations.

1.9 The Department shall assess a one-time construction permit fee for a New AST based on the schedule below for an AST constructed after the effective date of the Regulations promulgated pursuant to Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, §7414A. Any person required to pay a fee under Title 16 Del.C. Ch. 66, Fire Prevention, to the State Fire Marshal related to an AST shall receive a 10% reduction in the construction permit fee.

Construction Fee Schedule

Tank Size Construction Permit Fee

12,499 - 39,999 gallons $1,500.00

40,000 gallons and greater $3,750.00

2.0 Design And Construction Requirements For New Metallic Field-constructed ASTs

2.1 All new metallic Field-Constructed ASTs that will contain Regulated Substances shall:

2.1.1 Be of welded construction.

2.1.2 Meet or exceed the following design or manufacturing standards, as applicable:

2.1.2.1 API Standard 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks;

2.1.2.2 API Standard 650, Welded Steel Tanks for Oil Storage;

2.1.2.3 API Standard 12D, Specification for Field Welded Tanks for Storage of Production Liquids;

2.1.2.4 NACE RP0294-94; Design, Fabrication, and Inspection of Tanks for the Storage of Concentrated Sulfuric Acid and Oleum at Ambient Temperatures;

2.1.2.5 NFPA 30, Flammable and Combustible Liquids Code;

2.1.2.6 Other standards approved by the Department.

2.2 All metallic Field-Constructed ASTs installed after the effective date of these Regulations shall have a suitable foundation capable of supporting the tank full of product or the test media without excessive differential settlement as defined in API 653. The foundation design and construction shall be based on sound engineering practices. The foundation design shall provide positive drainage of water away from the base. ASTs located in areas subject to flooding must be protected from flotation.

2.3 All metallic Field-Constructed ASTs installed after the effective date of these Regulations with tank bottoms in contact with soil shall be protected from corrosion in accordance with §5 of this Part.

2.4 All metallic Field-Constructed ASTs installed after the effective date of these Regulations shall be placed on a Release Prevention Barrier. The integrity of the barrier shall not deteriorate due to exposure to the elements or soil in the presence of Regulated Substances. The following are acceptable Release Prevention Barriers:

2.4.1 An Impervious soil layer or geosynthetic clay liner with a permeability of 10-7 cm/sec or less; or

2.4.2 An Impervious geosynthetic liner installed in accordance with manufacturer's recomendations such as a 60 mil unreinforced liner, 40 mil reinforced liner, or a material of similar or more stringent specifications and that is compatible with the Regulated Substance being stored; or

2.4.3 A double bottom with Leak Detection for the presence of Regulated Substance leakage; or

2.4.4 An Impervious concrete slab foundation.

2.5 All metallic Field-Constructed ASTs installed after the effective date of these Regulations shall have Secondary Containment installed in accordance with §7 of this Part.

2.6 All metallic Field-Constructed ASTs installed after the effective date of these Regulations shall have base line data including:

2.6.1 Floor and wall/shell thickness measurements shall be kept on file by the Owner for the life of the AST and shall be made available to the Department upon request.

2.6.2 Material certifications shall be kept on file by the Owner for the life of the AST and shall be made available to the Department upon request.

2.7 A report including the welding procedures, welding certification reports, and any non-destructive testing performed on the AST shall be kept on file by the Owner for the life of the AST and shall be submitted to the Department prior to placing the AST in service.

2.8 All metallic Field-Constructed ASTs installed after the effective date of these Regulations constructed for the purpose of storing sulfuric acid or Spent Acid or Spent Caustic or other Regulated Substances with similar corrosive properties, shall be subject to additional design consideration including but not limited to NACE Standard RP0294, material compatibility, coating requirements and additional non-destructive examination (NDE).

2.9 All metallic Field-Constructed ASTs installed after the effective date of these Regulations shall provide a method of Leak Detection in accordance with §9 of this Part.

2.10 All metallic Field-Constructed ASTs installed after the effective date of these Regulations shall be equipped with an overfill prevention and spill containment system in accordance with §8 of this Part.

2.11 All ASTs regulated under this section shall be equipped with normal and emergency venting in accordance with API 2000 and NFPA 30.

2.12 All metallic Field-Constructed ASTs installed after the effective date of these Regulations shall be inspected and tested in accordance with API 650 before being placed in service.

2.13 All exposed exterior surfaces of all metallic Field-Constructed ASTs installed after the effective date of these Regulations shall be protected from corrosion.

2.14 The completed installation of all metallic Field-Constructed ASTs installed after the effective date of these Regulations is to be inspected and certified by a Certified API 653 Inspector.

3.0 Design And Construction Requirements For New Metallic Shop-fabricated ASTs

3.1 All new metallic Shop-Fabricated ASTs that will contain Regulated Substances shall meet or exceed the following design or manufacturing standards, as applicable:

3.1.1 UL 2085, Protected Aboveground Tanks for Flammable and Combustible Liquids;

3.1.2 UL 142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids;

3.1.3 API 650 Appendix J, Shop-Assembled Storage Tanks;

3.1.4 NFPA 30, Flammable and Combustible Liquids Code;

3.1.5 ASME, Boiler & Pressure Vessel Code, Section VIII, Division 1, Design & Fabrication of Pressure Vessels;

3.1.6 Other standards approved by the Department.

3.2 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall have a suitable foundation capable of supporting the tank full of Regulated Substance or the test media without excessive differential settlement as defined in API 653 or manufacturer's recommendation. The foundation design and construction shall be based on sound engineering practices. The foundation design shall provide positive drainage of water away from the base. ASTs located in areas subject to flooding must be protected from flotation.

3.3 All metallic shop fabricated ASTs installed after the effective date of these regulations with tank bottoms in contact with soil shall be protected from corrosion in accordance with §5 of this Part.

3.4 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall be placed on a Release Prevention Barrier. The integrity of the barrier shall not deteriorate due to exposure to the elements or soil in the presence of Regulated Substances. The following are acceptable Release Prevention Barriers:

3.4.1 An Impervious soil layer, or geosynthetic clay liner with a permeability of 10-7 cm/sec or less; or

3.4.2 An Impervious geosynthetic liner installed in accordance with manufacturer's recommendations such as a 60 mil unreinforced liner, 40 mil reinforced liner, or a material of similar or more stringent specifications that is compatible with the Regulated Substance being stored; or

3.4.3 A double bottom or double wall with Leak Detection for the presence of Regulated Substance leakage; or

3.4.4 An Impervious concrete slab foundation; and

3.4.5 An AST that is in a saddle or other suitable support may utilize steel containment.

3.5 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall have Secondary Containment installed in accordance with §7 of this Part.

3.6 Installation of all metallic Shop-Fabricated ASTs installed after the effective date of these Regulations constructed for the purpose of storing sulfuric acid, Spent Acid or Spent Caustic or other Regulated Substances with similar corrosive properties shall be subject to additional design consideration including but not limited to NACE Standard RP0294, material compatibility, coating requirements and additional non-destructive examination (NDE).

3.7 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall provide a method of Leak Detection in accordance with §9 of this Part.

3.8 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall be equipped with an overfill prevention and spill containment system in accordance with §8 of this Part.

3.9 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall be equipped with normal and emergency venting in accordance with API 2000, NFPA 30, UL 142 and UL 2085, as applicable.

3.10 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations ASTs shall be tested in accordance with industry standards and manufacturer's recommendations before being placed in service.

3.11 All exposed exterior surfaces of all metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall be protected from corrosion.

3.12 The completed installation of every AST installed after the effective date of these Regulations is to be inspected and certified by an inspector familiar with Shop-Fabricated ASTs such as certified STI-SP001 Inspectors and qualified by experience for such inspections.

3.13 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall have base line data including:

3.13.1 Floor and wall/shell thickness measurements shall be kept on file by the Owner for the life of the AST and shall be made available to the Department upon request.

3.13.2 Material certifications shall be kept on file by the Owner for the life of the AST and shall be submitted to the Department prior to placing the AST in service.

3.14 A report including the welding procedures, welding certification reports, and any non-destructive testing performed on the AST shall be kept on file by the Owner for the life of the AST and shall be submitted to the Department prior to placing the AST in service.

7 DE Reg. 1765 (6/1/04)

4.0 Design And Construction Requirements For New Non-metallic Shop-fabricated And Field-constructed ASTs

4.1 All new non-metallic ASTs shall be designed, fabricated, inspected, stamped and installed in accordance with ASME, RTP-1 Reinforced Thermoset Plastic Corrosion Resistant Equipment.

4.2 No new ASTs may be constructed of wood or concrete after the effective date of these Regulations.

4.3 Flammable substances shall not be stored in non-metallic ASTs without specific approval from the Department.

4.4 All non-metallic ASTs installed after the effective date of these Regulations shall have a suitable foundation capable of supporting the tank full of Regulated Substance or the test media without excessive differential settlement as defined in API 653 or manufacturer's recommendations. The foundation design and construction shall be based on sound engineering practices. The foundation design shall provide positive drainage of water away from the base. ASTs located in areas subject to flooding must be protected from flotation.

4.5 All non-metallic ASTs installed after the effective date of these Regulations shall be placed on a Release Prevention Barrier. The integrity of the barrier shall not deteriorate due to exposure to the elements or soil in the presence of Regulated Substances. The following are acceptable Release Prevention Barriers:

4.5.1 An Impervious soil layer, or geosynthetic clay liner with a permeability of 10-7 cm/sec or less; or

4.5.2 An Impervious geosynthetic liner installed in accordance with manufacturer’s recommendations such as a 60 mil non-reinforced liner, 40 mil reinforced liner, or a material of similar or more stringent specifications and that is compatible with the product being stored; or

4.5.3 A double bottom or double wall with Leak Detection monitoring for the presence of Regulated Substance leakage; or

4.5.4 An Impervious concrete slab foundation.

4.6 All non-metallic ASTs installed after the effective date of these Regulations shall have Secondary Containment installed in accordance with §7 of this Part.

4.7 All non-metallic ASTs installed after the effective date of these Regulations shall have base line data including:

4.7.1 Floor and wall/shell thickness measurements shall be kept on file by the Owner for the life of the AST and shall be made available to the Department upon request.

4.7.2 Material certifications shall be kept on file by the Owner for the life of the AST and shall be submitted to the Department prior to placing the AST in service.

4.8 Installation of all non-metallic ASTs installed after the effective date of these Regulations constructed for the purpose of storing sulfuric acid, Spent Acid or Spent Caustic or other Regulations Substances with similar corrosive properties shall be subject to additional design consideration including but not limited to NACE Standard FP0294, material compatibility, coating requirements and additional non-destructive examination (NDE).

4.9 All non-metallic ASTs installed after the effective date of these Regulations shall provide a method of Leak Detection in accordance with §9 of this Part.

4.10 All non-metallic ASTs installed after the effective date of these Regulations shall be equipped with an overfill prevention and spill containment system in accordance with §8 of this Part.

4.11 All non-metallic ASTs installed after the effective date of these Regulations shall be equipped with normal and emergency venting in accordance with API 2000 and NFPA 30.

4.12 All non-metallic ASTs installed after the effective date of these Regulations shall be tested in accordance with industry standards and manufacturer’s recommendations before being placed in service.

4.13 All exposed exterior surfaces of non-metallic ASTs installed after the effective date of these Regulations must be protected from corrosion or deterioration.

4.14 The completed installation of all non-metallic ASTs installed after the effective date of these Regulations shall be inspected in accordance with ASME RTP-1 and the NBIC, Appendix 9.

7 DE Reg. 1765 (6/1/04)

5.0 Design And Installation Requirements For Cathodic Protection Systems For ASTs

5.1 General Requirements

5.1.1 New metallic ASTs installed on foundations consisting of sand, soil or other material that can allow moisture penetration and corrosion, shall install a Cathodic Protection System to mitigate external corrosion of the tank bottom.

5.1.2 A Cathodic Protection System for the external bottom of a new or existing metallic AST must be designed, installed, inspected and maintained to meet or exceed the requirements of the most recent edition of one of the following industry standards, as applicable:

5.1.2.1 NACE Standard RP01-93 - External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms; and

5.1.2.2 API Recommended Practice 651 - Cathodic Protection of Aboveground Petroleum Storage Tanks

5.1.2.3 NACE Standard RP0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems

5.2 Qualifications of Personnel

5.2.1 Cathodic Protection Systems shall be designed by individuals who have obtained a NACE Cathodic Protection Level 3 Certification and have relevant work experience in the design of Cathodic Protection Systems for ASTs.

5.3 Design and Installation

5.3.1 Cathodic Protection Systems shall be installed and operating within one year after installation.

5.3.2 Each Cathodic Protection System must be designed and installed with test stations or other methods to enable the Owner and/or Operator to monitor the operation of the Cathodic Protection System.

5.3.3 Consideration for monitoring the cathodic protection status of the underside of the AST bottom must be provided for in the design.

5.3.4 Cathodic Protection Systems shall be designed to provide corrosion protection for the expected active life of the AST or have provisions to allow for the periodic rehabilitation of the Cathodic Protection System.

5.3.5 After installation of a Sacrificial Anode System, measurements of AST- to- soil potential must be made no sooner than sixty (60) days and no later than 180 days after installation of the Cathodic Protection System. If inadequate cathodic protection is indicated, the cause shall be determined, and necessary repairs shall be made within ninety (90) days, or other schedule approved by the Department, in accordance with one of the industry standards referenced in §5.1.2 of this Part.

5.4 Cathodic Protection Criteria

5.4.1 The criteria for determining the effectiveness of cathodic protection shall be as indicated in NACE Standard RP0193.

6.0 Design, Construction, And Repair Requirements For Underground Piping

6.1 New Underground Piping - General Requirements

6.1.1 All underground piping installed after the effective date of these Regulations shall comply with the requirements of this section.

6.1.2 All underground piping, fittings and connections that are either in contact with the Regulated Substance or completely buried shall:

6.1.2.1 Be constructed of fiberglass reinforced epoxy, carbon steel, thermoplastic material extrusions, stainless steel, or galvanized steel; or

6.1.2.2 Be constructed of other materials as approved by the Department.

6.1.3 All underground piping and piping Secondary Containment materials shall be compatible with the Regulated Substance that is to be stored in the AST.

6.1.4 The underground piping layout shall be designed to minimize crossed lines and interference with conduit and other AST components. If crossing of lines is unavoidable, adequate clearance must be provided to prevent contact.

6.1.5 All fill pipes leading to a pump-filled AST shall be equipped with a properly functioning check valve or equivalent device which provides automatic protection against backflow whenever the piping arrangement of the fill pipe is such that backflow from the AST is possible.

6.1.6 Each AST connection through which a Regulated Substance can normally flow shall be equipped with an operating isolation valve to control flow unless the AST connection is located at a point higher than the highest liquid level in the AST, such as at the top of a horizontal AST. The valve shall be located on a nozzle welded to the shell of the AST.

6.1.7 Pipe joints must be cut accurately and deburred to provide liquid-tight seals. No threaded or flanged connections shall be in contact with the soil.

6.1.8 New underground piping systems shall be designed, constructed, and installed with access and isolation points to permit pressure testing of piping without the need for excavation.

6.1.9 Copper or brass tubing or malleable iron shall not be used in AST underground piping.

6.1.10 All new underground piping shall be tested in accordance with API 570 prior to introduction of Regulated Substance into the piping.

6.1.11 Underground metallic piping that penetrates earthen or concrete dike walls or other structures must be sleeved and electrically isolated from the sleeve.

6.2 New Non - Metallic Underground Piping

6.2.1 Non-metallic underground piping shall be designed and constructed in accordance with:

6.2.1.1 ASTM Specification D-2996-71, Standard Specification for Filament Wound RTRP; and

6.2.1.2 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.

6.2.2 The ultimate shear strength of all adhesive and curing agents shall be in compliance with ASTM D-2517, as approved and supplied by the manufacturer.

6.2.3 Thermoplastic extrusion flexible underground piping shall be designed and constructed in accordance with:

6.2.3.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.

6.2.4 Other non-metallic underground piping may be approved by the Department.

6.3 New Steel Underground Piping

6.3.1 New Steel Underground Piping:

6.3.1.1 shall be standard weight or heavier; and

6.3.1.2 shall be installed in accordance with:

6.3.1.2.1 API Recommended Practice 1615, Installation of Underground Petroleum Storage Systems; and

6.3.1.2.2 ANSI 31.1, Power Piping; and

6.3.1.2.3 ANSI 31.3 Process Piping; and

6.3.1.2.4 ANSI 31.4, Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols; and

6.3.1.3 shall have a protective coating and be cathodically protected in accordance with § 6.5 of this Part; or

6.3.1.4 shall have non-metallic Secondary Containment; or

6.3.1.5 shall have metallic Secondary Containment that shall have protective wrapping or dielectric coating and shall be cathodically protected by an Impressed Current System or Sacrificial Anode