7 DE Admin. Code 1351. Underground Storage Tank Systems

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Delaware Administrative Code › Title 7 Natural Resources and Environmental Control › 1200 - 1300 Division of Waste and Hazardous Substances › Tank Management Section › 7 DE Admin. Code 1351

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Table 1

Tank Capacity | Minimum Duration of Test | Weekly Standard (1 test) | Monthly Standard (4-test average)

Up to 550 gallons | 36 hours | 10 gallons | 5 gallons

551-1,000 gallons (when Tank diameter is 64") | 44 hours | 9 gallons | 4 gallons

551-1,000 gallons (when Tank diameter is 48") | 58 hours | 12 gallons | 6 gallons

551-1,000 gallons (also requires monthly Release Detection in accordance with Part B, subsection 1.28.2) | 36 hours | 13 gallons | 7 gallons

1,001 -2,000 gallons (also requires monthly Release Detection in accordance with Part B, subsection 1.28.2) | 36 hours | 26 gallons | 13 gallons

Table 2

Tank Capacity | Minimum Duration of Test | Weekly Standard (1 test) | Monthly Standard (4-test average)

Up to 550 gallons | 36 hours | 10 gallons | 5 gallons

551-1,000 gallons (when Tank diameter if 64") | 44 hours | 9 gallons | 4 gallons

551-1,000 gallons (when Tank diameter is 48") | 58 hours | 12 gallons | 6 gallons

551-1,000 gallons (also requires monthly Release Detection in accordance with Part B, subsection 2.29.2) | 36 hours | 13 gallons | 7 gallons

1,001 -2,000 gallons (also requires monthly Release Detection in accordance with Part B, subsection 2.29.2) | 36 hours | 26 gallons | 13 gallons

Amount

Closure | _________

Post-Closure Care | _________

Liability Coverage | _________

Corrective Action | _________

Plugging and Abandonment | _________

Other | _________

TOTAL | _________

Requirement | Effective Date

Upgrading UST Systems; general operating requirements; and Operator training | No later than October 13, 2021

Release Detection | No later than October 13, 2021

Closure; financial responsibility and notification (except as provided in Part H, subsection 1.1.2.1) | In effect after January 11, 2020

Release reporting, response, and investigation | In effect

MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

Test section volume (gallons) | Semiannual test—leak detection rate not to exceed (gallons per hour) | Annual test—leak detection rate not to exceed (gallons per hour)

≤50,000 | 1.0 | 0.5

notification (except as provided in Part H, subsection 1.1.2.1) | In effect after January 11, 2020

Release reporting, response, and investigation | In effect

MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

Test section volume (gallons) | Semiannual test—leak detection rate not to exceed (gallons per hour) | Annual test—leak detection rate not to exceed (gallons per hour)

≤50,000 | 1.0 | 0.5

>50,000 to <75,000 | 1.5 | 0.75

≥75,000 to <100,000 | 2.0 | 1.0

≥100,000 | 3.0 | 1.5

PHASE IN FOR PIPING SEGMENTS ≥100,000 GALLONS IN VOLUME

First test | After January 11, 2020 and no later than October 13, 2021, may use up to 6 gallons per hour leak rate.

Second test | After October 13, 2021 and no later than October 13, 2024 may use 6 gallons per hour leak rate.

Third test | After October 13, 2024 and no later than October 13, 2025 shall use 3 gallons per hour leak rate.

Subsequent tests | After October 13, 2025, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table 2.4.2.1.1.

Requirement | Effective date

Upgrading UST systems; general operating requirements; and Operator training | No later than October 13, 2021

Release Detection | No later than October 13, 2021

Closure; financial responsibility and notification (except as provided in Part I, subsection 1.1.2.1) | In effect after January 11, 2020

Release reporting, response, and investigation | In effect

MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

Test section volume (gallons) | Semiannual test—leak detection rate not to exceed (gallons per hour) | Annual test— leak detection rate not to exceed (gallons per hour)

≤50,000 | 1.0 | 0.5

>50,000 to <75,000 | 1.5 | 0.75

≥75,000 to <100,000 | 2.0 | 1.0

≥100,000 | 3.0 | 1.5

PHASE IN FOR PIPING SEGMENTS ≥100,000 GALLONS IN VOLUME

First test | After January 11, 2020 and no later than October 13, 2021, may use up to 6 gallons per hour leak rate.

Second test | After October 13, 2021 and no later than October 13, 2024 may use 6 gallons per hour leak rate

lons per hour)

≤50,000 | 1.0 | 0.5

>50,000 to <75,000 | 1.5 | 0.75

≥75,000 to <100,000 | 2.0 | 1.0

≥100,000 | 3.0 | 1.5

PHASE IN FOR PIPING SEGMENTS ≥100,000 GALLONS IN VOLUME

First test | After January 11, 2020 and no later than October 13, 2021, may use up to 6 gallons per hour leak rate.

Second test | After October 13, 2021 and no later than October 13, 2024 may use 6 gallons per hour leak rate.

Third test | After October 13, 2024 and no later than October 13, 2025 shall use 3 gallons per hour leak rate.

Subsequent tests | After October 13, 2025 begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table 2.4.2.1.1

1.0 General Provisions

1.1 Statement of Authority and Purpose

1.1.1 These Regulations are enacted in accordance with 7 Del.C. Chapter 60 , Environmental Control , and 7 Del.C. Chapter 74 , Delaware Underground Storage Tank Act .

1.1.2 The Delaware Department of Natural Resources and Environmental Control (DNREC) is responsible for protecting, preserving and enhancing the environmental quality of the water, air, and land of the State. The Department recognizes that groundwater quality protection and improvement is an important goal. In addition, the General Assembly of the State of Delaware has found "that it is necessary to provide for more stringent control of the installation, operation, Retrofitting and abandonment of Underground Storage Tanks (USTs) to prevent leaks, and where leaks should occur, to detect them at the earliest possible stage and thus minimize further degradation of groundwater." The Delaware Regulations Governing Underground Storage Tank Systems are intended to address Releases from UST systems as well as prevent future Releases.

The Delaware Regulations Governing Underground Storage Tank Systems are intended to address Releases from UST systems as well as prevent future Releases.

1.1.3 The intent of the Department with these Regulations is three fold. First, to ensure the detection of any Release. This will be achieved by ensuring an acceptable design and installation of new UST Systems and improvement of all UST Systems. Second, to prevent the Release of Regulated Substance to the environment by requiring UST Systems be designed to contain a Release. Finally, to assess and address potential risks of Releases to provide for the protection of human health, safety, and the environment.

1.2 Applicability

1.2.1 The requirements of these Regulations shall apply to any Person, including without limitation to all Owners and Operators of an UST System as defined in 7 Del.C. §7402 herein unless specifically exempted. The following UST Systems shall only be subject to the requirements of Part A, subsection 4.10, Section 12.0, subsection 18.6, and Part E of these Regulations:

1.2.1.1 Agricultural/Farm and residential UST Systems of 1,100 gallons or less used for storing Motor Fuels for Non Commercial purposes.

1.2.1.2 UST Systems containing Heating Fuel of 1,100 gallons or less for Consumptive Use On The Premises Where Stored.

1.2.1.3 Any UST System holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other Regulated Substances.

1.2.1.4 Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act.

1.2.1.5 Equipment and machinery that contains Regulated Substances for operational purposes such as Hydraulic Lift Tanks and electrical equipment tanks.

1.2.1.6 Any UST System whose capacity is 110 gallons or less.

1.2.1.7 Any emergency spill or overflow containment UST System that is expeditiously Emptied after use

r treatment facility regulated under Section 402 or 307(b) of the Clean Water Act.

1.2.1.5 Equipment and machinery that contains Regulated Substances for operational purposes such as Hydraulic Lift Tanks and electrical equipment tanks.

1.2.1.6 Any UST System whose capacity is 110 gallons or less.

1.2.1.7 Any emergency spill or overflow containment UST System that is expeditiously Emptied after use.

1.2.2 The requirements contained in these Regulations, with the exception of requirements in Part A, subsection 1.3 and Part E of these Regulations, do not apply to any of the following UST Systems:

1.2.2.1 Any UST System containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011).

1.2.2.2 Any UST system that is part of an emergency generator system at nuclear power plant generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 CFR part 50.

1.2.2.3 Any Wastewater Treatment Tank system not covered under Part A, subsection 1.2.1.4.

1.2.2.4 Aboveground storage tanks associated with:

1.2.2.4.1 Airport Hydrant Fuel Systems as defined by these Regulations and prescribed in Part I; and

1.2.2.4.2 UST Systems with Field-Constructed Tanks as defined by these Regulations and prescribed in Part H.

1.3 Installation Requirements for Partially Excluded UST Systems

1.3.1 No Person shall install an UST System as described under Part A, subsection 1.2.2 for the purpose of storing Regulated Substances unless the UST System:

1.3.1.1 Will prevent Releases due to corrosion or structural failure for the Operational Life of the UST System; and

1.3.1.2 Is Cathodically Protected against corrosion, constructed of non corrodible material, steel clad with a non corrodible material, or designed in a manner to prevent the Release or threatened Release of any stored substance; and

1.3.1.3 Is constructed or lined with material that is Compatible with the stored substance

osion or structural failure for the Operational Life of the UST System; and

1.3.1.3 Is constructed or lined with material that is Compatible with the stored substance.

1.4 Enforcement

1.4.1 Any Person who violates these Regulations shall be subject to all appropriate legal sanctions including the provisions set forth in 7 Del.C. Chapter 74, §7411 or 7 Del.C. Chapter 60 .

1.4.2 The Department reserves the right to prohibit delivery or dispensing of a Regulated Substance or require an UST System tightness test in accordance with these Regulations when:

1.4.2.1 A Department representative cannot determine that an UST Facility is in compliance with these Regulations based upon the information made available by the Owner and Operator; or

1.4.2.2 A Department representative determines that a Facility is not in compliance with these Regulations; or

1.4.2.3 An Imminent Threat to human health, safety or the environment exists.

1.5 Severability

1.5.1 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.

1.6 Right of Appeals

1.6.1 Any Person or party whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with 7 Del.C. Chapter 60 , Environmental Control , §6008.

1.6.2 Any Person or party to an appeal before the Environmental Appeals Board who is substantially affected by a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with 7 Del.C. Chapter 60 , Environmental Control , §6009.

1.7 Joint and Several Liability

1.7.1 Throughout these Regulations, Owners and Operators are jointly and severally liable for all duties and requirements

n or party to an appeal before the Environmental Appeals Board who is substantially affected by a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with 7 Del.C. Chapter 60 , Environmental Control , §6009.

1.7 Joint and Several Liability

1.7.1 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.

23 DE Reg. 581 (01/01/20)

27 DE Reg. 533 (01/01/24)

2.0 Definitions

The following words, terms and phrases have the meaning ascribed to them in this Section.

" Accidental Release " means any sudden or non-sudden release of Regulated Substance arising from operating an UST System that results in a need for Corrective Action, or compensation for Bodily Injury or Property Damage neither expected nor intended by the Tank Owner or Operator.

" Agricultural/Farm Tank " is a Tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. An Agricultural/Farm Tank shall be located on the farm property. "Agricultural/Farm" includes fish hatcheries, rangeland and nurseries with growing operations.

" Airport Hydrant Fuel System " means a UST System which fuels aircraft and operates under high pressure with large diameter Piping that typically terminates into one or more hydrants, also known as fill stands. The Airport Hydrant Fuel System begins where fuel enters one or more Tanks from an external source such as a pipeline, barge, rail car, or other Motor Fuel carrier.

" Ancillary Equipment " means any devices including such devices as Piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of Regulated Substances to and from an UST.

" API " means American Petroleum Institute.

" ASTM " means American Society for Testing and Materials

anks from an external source such as a pipeline, barge, rail car, or other Motor Fuel carrier.

" API " means American Petroleum Institute.

" ASTM " means American Society for Testing and Materials.

" Beneath the Surface of the Ground " means beneath the ground surface or otherwise covered with earthen materials.

" Bodily Injury " shall have the meaning given to this term by State law; however this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for Bodily Injury.

" Cathodic Protection " or “ Cathodically Protected ” means a technique to prevent the corrosion of a metal surface by making that surface the cathode of an electrochemical cell. Protection can be accomplished by means of an impressed current system or a Sacrificial Anode system.

" CERCLA " means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.

" Change In Service " means a change in status of the UST System from either In Service to Out Of Service or a change in status of the UST System from Out Of Service to In Service.

" Change in Substance Stored " means the exchange of one substance stored in an UST System for another.

" Chief Financial Officer " in the case of Local Government owners and operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the Local Government.

" Class A Operator " means the individual who has primary responsibility to operate and maintain the UST System in accordance with applicable requirements established by the Department

inancial Officer " in the case of Local Government owners and operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the Local Government.

" Class A Operator " means the individual who has primary responsibility to operate and maintain the UST System in accordance with applicable requirements established by the Department. The class A Operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

" Class B Operator " means the individual who has Day to Day responsibility for implementing applicable regulatory requirements established by the Department. The Class B Operator typically implements in-field aspects of operation, Maintenance, and associated recordkeeping for the UST System.

" Class C Operator " means the individual responsible for initially addressing emergencies presented by a spill or Release from an UST System. The Class C Operator typically controls or monitors the dispensing or sale of Regulated Substances.

" Closed In Place " means the cleaning and filling of an UST System through the use of prescribed techniques to render it permanently unfit for service.

" Compatible " or “ Compatibility ” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the UST System under conditions likely to be encountered in the UST System.

s upon contact with one another for the design life of the UST System under conditions likely to be encountered in the UST System.

“ Conceptual Site Model ” or “ CSM ” means a comprehensive graphical model and written and summary describing what is known or hypothesized about environmental contamination at a site and the relationship among key site information that are pertinent to decision-making. A CSM is a model or representation that evolves over the life cycle of site investigation and cleanup efforts and provides a platform for evaluating the data gaps and related uncertainty associated with site history and operations; geology, hydrogeology and hydrology; contaminant sources, release mechanisms and fate and transport; potential receptors and exposure pathways.

" Connected Piping " means all Piping including valves, elbows, joints, flanges, and flexible connectors attached to an UST System through which Regulated Substances flow. For the purpose of determining how much Piping is connected to any individual UST System, the Piping that joins two UST Systems should be allocated equally between them.

" Consumptive Use " with respect to Heating Fuel means consumed On The Premises Where Stored for any activities that do not result in monetary gain.

" Consumptive Use Heating Fuel UST System " means an UST System that contains Heating Fuel that is used solely for the operation of equipment used for the generation of heat, is connected directly or via a day tank to the heat generating equipment, and is for Consumptive Use On The Premises Where Stored.

peration of equipment used for the generation of heat, is connected directly or via a day tank to the heat generating equipment, and is for Consumptive Use On The Premises Where Stored.

" Containment Sump " means a Liquid Tight container that protects the environment by containing leaks and spills of Regulated Substances from Piping, Dispensers, pumps and related components in the containment area. Containment Sumps may be single walled or Secondarily Contained and located at the top of the Tank (Tank top or submersible turbine pump sump), underneath the Dispenser (Under- Dispenser Containment Sump), or at other points in the Piping Run (transition or intermediate sump).

" Controlling Interest " means direct ownership of at least 50% of the voting stock of another entity.

" Corrective Action " means the sequence of actions, or process that includes confirming a Release, Site Assessment, interim Remedial Action, Remedial Action, monitoring, and Termination of the Remedial Action.

“ Day ” means a calendar Day; however, when used to determine when a document is due and the Day falls on the weekend or a holiday, the document may be submitted on the first working Day after the weekend or holiday.

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

" DERBCAP " means Delaware Risk Based Corrective Action Protocol.

" Dielectric Material " means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST Systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST System (e.g., Tank from Piping).

“ Dispenser ” means equipment located aboveground that dispenses Regulated Substances from the UST System.

“ Dispenser System ” means the Dispenser, check valves, product shear valves, vapor shear valves, unburied risers, flexible connectors, and any other transitional components that connect the Dispenser to the underground associated with the UST System

f the UST System (e.g., Tank from Piping).

“ Dispenser ” means equipment located aboveground that dispenses Regulated Substances from the UST System.

" Domestic Well " means a well primarily used for potable non-public water supply purposes and which may be used for non-potable purposes, excluding heat pump supply.

" Electrical Equipment " means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

" Electrically Isolated " means the electrical separation of the Underground Storage Tank from the Piping and from other metallic structures and the environment by means of a nonconductive fitting or bushing.

“ Empty ” or “ Emptied ” means all Regulated Substances have been removed from the UST System using commonly employed practices so that no more than 1 inch or 2.5 centimeters of residue, or 0.3% by weight of the total capacity of the UST System, remains in the UST System.

" Excavation Zone " means the volume containing the UST System and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST System is placed at the time of installation.

" Facility " means any location or part thereof containing one or more Underground Storage Tank Systems.

“ Field-Constructed Tank ” means an Underground Storage Tank constructed in the field, such as an Underground Storage Tank constructed of concrete that is poured in the field, or a steel or fiberglass Underground Storage Tank primarily fabricated in the field.

" Financial Reporting Year " means the latest consecutive 12 month period for which any of the following reports used to support a financial test is prepared:

(1) A 10 K report submitted to the SEC; or

onstructed in the field, such as an Underground Storage Tank constructed of concrete that is poured in the field, or a steel or fiberglass Underground Storage Tank primarily fabricated in the field.

" Financial Reporting Year " means the latest consecutive 12 month period for which any of the following reports used to support a financial test is prepared:

(1) A 10 K report submitted to the SEC; or

(2) An annual report of Tangible Net Worth submitted to a recognized rating service such as Dun and Bradstreet; or

(3) Annual reports submitted to the Energy Information Administration or the Rural Utilities Service. Financial Reporting Year may thus comprise a fiscal or a calendar year period.

" Flow-Through Process Tank " is a stationary structure that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-Through Process Tanks do not include stationary structures used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by products from the production process.

" Gathering Lines " means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

" Hazardous Substance " means a substance as defined in 101(14) of the CERCLA, or any mixture of such Hazardous Substance and petroleum, but not including any substance regulated as a hazardous waste under RCRA Subtitle C.

" Hazardous Substance UST System " means an UST System that contains a Hazardous Substance defined in 101(14) of the CERCLA, but not including any substance regulated as a hazardous waste under RCRA Subtitle C, or any mixture of such substances and petroleum, and which is not a Petroleum UST System.

" Heating Fuel " also known as heating oil, means petroleum that is one of eight technical grades. These grades are: No. 1; No. 2; No. 4 light; No. 4 heavy; No. 5 light; No. 5 heavy; No

ance defined in 101(14) of the CERCLA, but not including any substance regulated as a hazardous waste under RCRA Subtitle C, or any mixture of such substances and petroleum, and which is not a Petroleum UST System.

" Heating Fuel " also known as heating oil, means petroleum that is one of eight technical grades. These grades are: No. 1; No. 2; No. 4 light; No. 4 heavy; No. 5 light; No. 5 heavy; No. 6 technical grade of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels used as substitutes for one of these fuels such as kerosene, Used Oil, diesel or biodiesel when used for heating purposes. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

" HIG " means Hydrogeologic Investigation Guidance.

“ Holder ” means a Person who, upon January 11, 2020 or in the future, maintains Indicia of Ownership primarily to protect a Security Interest in a Petroleum UST or UST system or Facility or property on which a Petroleum UST or UST system is located. A Holder includes the initial holder (such as a loan originator); any subsequent Holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market); a guarantor of an obligation, surety, or any other person who holds ownership indicia primarily to protect a security interest; or a receiver or other person who acts on behalf or for the benefit of a Holder.

" Hydraulic Lift Tank " means a stationary structure holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

“ Imminent Threat ” means an actual Release or a potential for a Release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare

“ Imminent Threat ” means an actual Release or a potential for a Release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare.

" Impervious Material " means a material of sufficient thickness, density and composition that is impenetrable to the Regulated Substance, has a permeability of less than 1 X 10 -7 cm/sec., and that will prevent the discharge to the lands, ground waters, or surface waters of the State of any Regulated Substance for a period of at least as long as the maximum anticipated time during which the Regulated Substance will be in contact with the material.

“ Indicia of Ownership ” means evidence of a secured interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. Evidence of such interests include mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (hereinafter lease financing transaction), and legal or equitable title obtained pursuant to foreclosure. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain Indicia of Ownership.

" Industrial Well " means a well which is used in the processing, washing, packaging, or manufacturing of a product excluding food and beverages

cludes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain Indicia of Ownership.

" Industrial Well " means a well which is used in the processing, washing, packaging, or manufacturing of a product excluding food and beverages.

" In Service " means an UST System which is not abandoned, contains Regulated Substances or has Regulated Substances regularly added or withdrawn.

“ Institutional Controls ” means non-engineered instruments, such as administrative and legal controls including an Environmental Covenant (EC) as described in 7 Del.C. §§7907-7920 , the Uniform Environmental Covenants Act (UECA).

" Legal Defense Cost " means any expense that an Owner, Operator or Provider of Financial Assurance incurs in defending against claims or actions brought by:

(1) EPA or Department to require Corrective Action or to recover the costs of Corrective Action; or

(2) On behalf of a third party for Bodily Injury or Property Damage caused by an Accidental Release; or

(3) Any Person to enforce the terms of a financial assurance mechanism.

“ Liquid Tight ” means Under-Dispenser Containment, Tank top sumps and spill prevention equipment that are impervious to the substance contained, or to be contained, so as to prevent seepage of Regulated Substance from the containment into the environment and seepage of liquids from the environment into the containment.

" Liquid Trap " means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These Liquid Traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream

ps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These Liquid Traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

" LNAPL " means a Light Non-Aqueous Phase Liquid having a specific gravity less than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. The term encompasses all potential Occurrences of LNAPL including free, mobile, and residual.

" Mobile LNAPL " means LNAPL that is hydraulically connected in the pore space, exceeds residual saturation, and has the potential to migrate.

" LNAPL Body " means the 3-dimensional form and distribution of LNAPL in the subsurface existing in any phase.

" LNAPL Conceptual Site Model (LCSM) " means a model describing the physical properties, chemical composition, Occurrence and geologic setting of the LNAPL Body from which estimates of flux, risk and potential Remedial Action can be generated. The LCSM may be a dynamic, living model that changes through time as a function of natural attenuation or engineered Remedial Action processes, or additional site knowledge.

" Migrating LNAPL " means LNAPL that is moving in the environment under prevailing hydraulic conditions.

" Residual LNAPL " means LNAPL that is hydraulically discontinuous and immobile under prevailing conditions. Residual LNAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The Residual LNAPL saturation is a function of the initial or maximum LNAPL saturation and the porous medium.

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

tions. Residual LNAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The Residual LNAPL saturation is a function of the initial or maximum LNAPL saturation and the porous medium.

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

(1) 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

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

" Maintenance " means the operational upkeep as described by manufacturer's recommendations or the Department requirements to prevent an UST System from releasing product.

“ Marina Fueling Facility ” means any land-based fueling Facility that dispenses fuel over, adjacent to, or in close proximity to the water for the purpose of fueling watercraft.

“ Marina Underground Storage Tank System ” means any UST System and its associated Ancillary Equipment and containment system, if any, maintained and operated at a Marina Fueling Facility.

" 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 a complex blend of hydrocarbons typically used in operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing 1 or more of these substances (for example: motor gasoline blended with alcohol).

" Motor Oil " means a petroleum product used to lubricate the internal parts of an engine

nitoring of ground water quality.

" Motor Oil " means a petroleum product used to lubricate the internal parts of an engine. The term includes lubricating and operational fluids for the mechanical components associated with the engine, including any hydraulic, transmission, gear or braking systems.

" NACE " means National Association of Corrosion Engineers.

" NFPA " means National Fire Protection Association, Inc.

" Non Commercial Purposes " with respect to Motor Fuel means not for resale.

" Non-Consumptive Use Heating Fuel UST System " means an UST System that contains Heating Fuel that is not solely for Consumptive Use On The Premises Where Stored.

" Observation Tube " means a Release Detection device placed within the Excavation Zone which reaches the water table and can be inspected periodically to determine whether contamination of the aquifer by a Regulated Substance has occurred.

" Occurrence " means an accident, including continuous or repeated exposure to conditions, which results in a release from an UST System. This definition is not intended either to limit the meaning of “Occurrence” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “Occurrence”.

" On The Premises Where Stored " with respect to Heating Fuel means UST Systems located on the same property where the stored Heating Fuel is used.

" Operational Life " refers to the period beginning when installation of the UST System has commenced until the time the UST System is properly Removed or Closed In Place in accordance with the requirements of these Regulations

n place of “Occurrence”.

" On The Premises Where Stored " with respect to Heating Fuel means UST Systems located on the same property where the stored Heating Fuel is used.

" Operator " means any Person who has responsibility for the care, custody, and control of the daily operation of an UST System, including responsibility conferred by lease, contract or other form of authorization agreement. " Out Of Service " means an UST System which:

(a) Is not in use; that is, which does not have Regulated Substances added to or withdrawn from the UST System, and

(b) Is intended to be placed back In Service.

" Overfill Release " is a Release that occurs when an Underground Storage Tank is filled beyond its capacity, resulting in a discharge of the Regulated Substance to the environment.

" Owner " means a Person who has or has had a legal interest in a Facility or UST System, or who has or has had an equitable interest in a Facility or UST System, except when a Person holds an interest in an UST System as a security interest, unless through foreclosure or other such action the Holder has taken possession of or operated the UST System; and in the case of an UST System in use on November 8, 1984, or brought into use after that date, any Person who owns an UST System used for storage, use, or dispensing of Regulated Substances; and in the case of any UST System in use before November 8, 1984 but no longer in use on that date, any Person who owned such UST System immediately before the discontinuation of its use

ted the UST System; and in the case of an UST System in use on November 8, 1984, or brought into use after that date, any Person who owns an UST System used for storage, use, or dispensing of Regulated Substances; and in the case of any UST System in use before November 8, 1984 but no longer in use on that date, any Person who owned such UST System immediately before the discontinuation of its use.

" Person " means any individual, entity, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body, a consortium, a joint venture, a commercial organization, and the United States Government.

“ Person In Charge ” means the UST Owner or Person designated by the UST Owner, an UST Operator, or any Person delivering Regulated Substance to an UST, as the one with direct supervisory responsibility for an activity or operation at a Facility, such as the transfer of a Regulated Substance to or from any point in the Facility.

" PEI " means Petroleum Equipment Institute.

" Petroleum Marketing Facility " means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

" Petroleum Marketing Firm " means all firms owning petroleum marketing facilities. Firms owning other types of facilities with USTs as well as petroleum marketing facilities are considered to be Petroleum Marketing Firms.

“ Petroleum UST System ” means an UST System that contains petroleum or a mixture of petroleum with de minimis quantities of other Regulated Substances. Such systems include those containing Motor Fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and Used Oils

th USTs as well as petroleum marketing facilities are considered to be Petroleum Marketing Firms.

" Pipe " or " Piping " or “ Line ” means an impermeable hollow cylinder or tubular conduit constructed of non-earthen materials that conveys or transports Regulated Substances, or is used for venting, filling, or vapor recovery of Regulated Substances.

“ Pipeline Facility ” or " Pipeline Facilities " are new and existing Pipe rights-of-way and any associated equipment including Gathering Lines, facilities, or buildings.

“ Piping Run ” means all pressurized Piping from a single submersible turbine pump to the farthest dispenser or all Piping from a suction pump back to the Underground Storage Tank.

" Positive Pressurized Delivery System " means a Regulated Substance delivery system in which part or all of the system is continuously under pressure greater than the atmospheric pressure.

" Precision Test " means a test capable of detecting and quantifying Release rates with adjustments for variables in accordance with NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.

" 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

shall have the meaning given this term by applicable state law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for Property Damage. However, such exclusions for Property Damage shall not include Corrective Action associated with releases from Tanks which are covered by the policy.

" Provider of Financial Assurance " means an entity that provides financial assurance to an Owner or Operator of an Underground Storage Tank through 1 of the mechanisms listed in these Regulations, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state.

" Public Well " means a well which is used to supply water to more than 3 dwelling units; 25 or more employees; in the manufacture of ice, foods, or beverages; to the public in food washing, processing, or preparation in a plant, restaurant, or other facility.

" RCRA " means the Resource Conservation and Recovery Act of 1976 as amended.

" Registration Certificate " means a document issued by the Department to implement the registration and notification requirements of these Regulations.

" Regulated Substance " means a liquid that contains:

(a) Any substance defined in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and any amendments thereto; but not including any substance regulated as a hazardous waste under RCRA Subtitle C; or

(b) Any volume of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated; or

Any substance defined in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and any amendments thereto; but not including any substance regulated as a hazardous waste under RCRA Subtitle C; or

(b) Any volume of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated; or

(c) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature (60 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute), including without limitation, petroleum and substances containing petroleum comprised of a complex blend of hydrocarbons such as Motor Fuels, Jet Fuels, distillate fuel oils, Motor Oil, Heating Fuel, residual fuel oils, lubricants, petroleum solvents, Used Oils, and biodiesel or other biologically derived fuels; or

(d) Alternative fuels such as ethanol and methanol, in concentrations up to 100%; or

(e) 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.

(f) Any mixture of the foregoing a through e.

" Release " means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing of a Regulated Substance into groundwater, surface water, air or soils.

" Release Detection " means a method or process of determining whether a Release of a Regulated Substance has occurred from the UST System into the environment or a leak has occurred into the interstitial space between the UST System and its secondary barrier or Secondary Containment around it.

" Remedial Action " means activities conducted to protect human health, safety, and the environment. These activities include evaluating risk, making no further action determinations, monitoring institutional and engineering controls, and designing and operating cleanup equipment

curred into the interstitial space between the UST System and its secondary barrier or Secondary Containment around it.

" Removal " or " Removed " means the process of removing and disposing of an UST System, through the use of prescribed techniques for the purging of residues and vapors and removal of the vessel from the ground.

" Repair" means to restore to proper operating condition a Tank, Pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, Release Detection equipment or other UST System component that has caused a Release of product from the UST System or has failed to function properly.

“ Replacement ” or “ Replaced ” means

(a) For a Tank: to remove a Tank and install another Tank.

(b) For Piping: to remove 50% or more of Piping and install other Piping, excluding connectors, connected to a single Tank. For Tanks with multiple Piping Runs, this definition applies independently to each Piping Run.

" Residential Tank " is a Tank located on a single family property used primarily for dwelling purposes.

" Responsible Party " means any Person who:

(a) Owns or has a legal or equitable interest in a Facility or an UST;

(b) Operates or otherwise controls activities at a Facility;

(c) At the time of storage of Regulated Substances in an UST System, operated or otherwise controlled activities at the Facility or UST System, or owned or held a legal or equitable interest therein;

(d) Arranged for or agreed to the placement of an UST System by contract, agreement or otherwise;

(e) Caused or contributed to a Release from an UST System; or

rwise controls activities at a Facility;

(c) At the time of storage of Regulated Substances in an UST System, operated or otherwise controlled activities at the Facility or UST System, or owned or held a legal or equitable interest therein;

(d) Arranged for or agreed to the placement of an UST System by contract, agreement or otherwise;

(e) Caused or contributed to a Release from an UST System; or

(f) Caused a Release as a result of transfer of a Regulated Substance to or from an UST System.

" Retrofit " means to modify an UST System to meet standards contained in these Regulations.

" Sacrificial Anode " means a device to reduce or prevent corrosion of a metal in an electrolyte by galvanic coupling to a more anodic metal.

" Secondary Containment " or “ Secondarily Contained ” means a Release prevention and Release Detection system for a Tank or Piping. The system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes Containment sumps when used for interstitial monitoring or Piping.

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

“ Security Interest ” means an interest in a Petroleum UST or UST System or in the Facility or property on which a Petroleum UST or UST System is located, created or established for the purpose of securing a loan or other obligation. Security Interests include mortgages, deeds of trusts, liens, and title pursuant to lease financing transactions. Security Interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in an UST or UST system or in the facility or property on which the UST or UST system is located, for the purpose of securing a loan or other obligation

s sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in an UST or UST system or in the facility or property on which the UST or UST system is located, for the purpose of securing a loan or other obligation.

" Septic Tank " is a water tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the Septic Tank are pumped out periodically and hauled to a treatment facility.

" Site Assessment " as described in DERBCAP, means to measure for the presence of a Release at an UST site.

" State " means the State of Delaware.

“ Statistical Inventory Reconciliation ” or “ SIR ” means Release Detection methods based on the application of statistical principles to inventory data.

" Storm Water " or " Wastewater Collection System " means Piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

" Substantial Business Relationship " means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the guarantor and the Owner or Operator

al to conveyance.

" Substantial Governmental Relationship " means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an UST Release such as coterminous boundaries, overlapping constituencies, common groundwater aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.

" Surface Impoundment " means a natural topographic depression, man made excavation, or diked area formed primarily of earthen materials (although it may be lined with man made materials), that is not an injection well.

" Tangible Net Worth " means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

" Tank " means that portion of an Underground Storage Tank System that consists of the stationary structure constructed of Compatible materials designed to contain an accumulation of a single Regulated Substance and does not include any Connected Piping or Ancillary Equipment

g and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

" Termination " in subsection 3.3, Form C and subsection 3.4, Form D of Part F means only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date of the original policy.

" Tier 0 ", as described in DERBCAP, means the initial process of gathering and evaluating data at time of a tank related activity to assess soil and confirm the presence or absence of a release of a regulated substance.

" UL " means Underwriters Laboratories.

“ Under-Dispenser Containment ” or “ UDC ” means containment underneath a Dispenser System designed to prevent leaks from the Dispenser and Piping within or above the UDC from reaching soil or groundwater and to prevent seepage of liquids from the environment into the containment.

" Underground Area " means an underground room, such as a basement, cellar, shaft or vault, providing enough space to permit physical inspection of the entire UST situated on or above the surface of the floor.

" Underground Storage Tank " or " UST " means a Tank, including underground Pipes connected thereto, which is used to contain an accumulation of a single Regulated Substance, and the volume of which, including the volume of underground Pipes connected thereto, is 10% or more Beneath the Surface of the Ground. Such term does not include any:

(a) Septic Tank;

ed on or above the surface of the floor.

(a) Septic Tank;

(b) Pipeline Facility (including Gathering Lines) which is regulated under:

(1) Chapter 601 of Title 49, or

(2) Which is an intrastate Pipeline Facility regulated under state laws as provided in Chapter 601 of Title 49, and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

(d) Storm Water or Wastewater Collection System;

(e) Flow-Through Process Tank;

(f) Liquid Trap or associated Gathering Lines directly related to oil or gas production and gathering operations; or

(g) Storage Tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage Tank is situated upon or above the surface of the floor.

(h) The term "Underground Storage Tank" or "UST" does not include any Pipes connected to any Tank which is described in subsections (a) through (g) of this definition.

" Underground Storage Tank System " or " UST System " means an Underground Storage Tank, connected underground product, vent, and vapor recovery Piping and its associated Ancillary Equipment, containment systems, and all appurtenances including Dispenser Systems, spill containment systems, overfill prevention systems, and Release Detection systems.

“ Upgrade ” means the addition of a component to improve the ability of an UST System to prevent or detect the Release of Regulated Substances from the UST System

oduct, vent, and vapor recovery Piping and its associated Ancillary Equipment, containment systems, and all appurtenances including Dispenser Systems, spill containment systems, overfill prevention systems, and Release Detection systems.

“ Upgrade ” means the addition of a component to improve the ability of an UST System to prevent or detect the Release of Regulated Substances from the UST System.

" Used Oil " means a petroleum based or synthetic oil used as an engine lubricant, engine oil, Motor Oil or lubricating oil for use in an internal combustion engine, or a lubricant for motor vehicle transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

" Used Oil UST System " means an UST System used for storing Used Oil and its associated Ancillary Equipment and containment system.

" U-Tube " means a Release Detection device placed under the longitudinal axis of an UST in an excavation which is always above the water table, and that can collect Regulated Substances released from an UST and can be inspected periodically to determine if a Release of a Regulated Substance has occurred.

" Vadose Zone Vapor Detection Tube " means a Release Detection device placed within the Tank field which does not reach the water table and can be continuously monitored by electronic means or periodically inspected for vapors emanating from released Regulated Substances.

“ Verifiable Service ” means a delivery system utilizing hand delivery by a State of Delaware Environmental Protection Officer or any mail delivery system whereby a signature of recipient and date of delivery is required.

" Wastewater Treatment Tank " means a stationary structure that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

23 DE Reg. 581 (01/01/20)

24 DE Reg. 806 (02/01/21)

27 DE Reg

ng hand delivery by a State of Delaware Environmental Protection Officer or any mail delivery system whereby a signature of recipient and date of delivery is required.

" Wastewater Treatment Tank " means a stationary structure that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

23 DE Reg. 581 (01/01/20)

24 DE Reg. 806 (02/01/21)

27 DE Reg. 533 (01/01/24)

3.0 Referenced Standards

3.1 Referenced Standards Organizations

3.1.1 The referenced standards listed in this Section have served in part as the basis for the standards enacted under these Regulations. The editions or versions of the referenced standards as noted in Part A, Section 3.0 of these Regulations are available for review and inspection with prior notification at the Department of Natural Resources and Environmental Control, Division of Waste and Hazardous Substances and from the following sources (addresses of the cited organizations are subject to change):

3.1.2 American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C. 20005, (202) 682-8375. http://www.api.org

3.1.3 ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19429-2959, (610) 832-9585. http://www.astm.org

3.1.4 National Association of Corrosion Engineers (NACE), P. O. Box 218340, Houston, Texas 77218, (713) 492-0535. http://www.nace.org

3.1.5 National Fire Protection Association (NFPA), Batterymarch Park, Quincy, MA 02269, (800) 344-3555. http://www.nfpa.org

3.1.6 National Leak Prevention Association (NLPA), 75-4 Main Street, Suite 300, Plymouth, NH 03264, (815) 301-2785. http://www.nlpa-online.org/index.html

3.1.7 Petroleum Equipment Institute (PEI), P. O. Box 2380, Tulsa, OK 74101, (918) 494-9696. http://www.pei.org

3.1.8 Steel Tank Institute (STI), 570 Oakwood Road, Lake Zurich, Illinois 60047, (847) 438-8265. http://www.steeltank.com

3.1.9 Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 60062, (847) 272-8800. http://www.ul.com

3.1.10 U.S

ttp://www.nlpa-online.org/index.html

3.1.7 Petroleum Equipment Institute (PEI), P. O. Box 2380, Tulsa, OK 74101, (918) 494-9696. http://www.pei.org

3.1.8 Steel Tank Institute (STI), 570 Oakwood Road, Lake Zurich, Illinois 60047, (847) 438-8265. http://www.steeltank.com

3.1.9 Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 60062, (847) 272-8800. http://www.ul.com

3.1.10 U.S. Department of Labor, Occupational Safety and Health Administration, (OSHA), Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210, (866)-487-2365. http://www.osha.gov

3.2 Applicability

3.2.1 In these Regulations, all referenced standards mean the applicable edition or version as noted in Part A, Section 3.0 of these Regulations. 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 Specification Number 12F, Shop Welded Tanks for Storage of Production Liquids , 12 th Edition, October 2008.

3.3.1.2 RP 1604, Closure of Underground Petroleum Storage Tanks , 3 rd Edition, March 1996.

3.3.1.3 RP 1615, Installation of Underground Petroleum Storage Systems , 6 th Edition, April 2011.

3.3.1.4 RP 1621, Bulk Liquid Stock Control at Retail Outlets , 5 th Edition, May 1993.

3.3.1.5 RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks , 5 th Edition, June 2001.

3.3.1.6 RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems , 3 rd Edition, January 1996

llation of Underground Petroleum Storage Systems , 6 th Edition, April 2011.

3.3.1.4 RP 1621, Bulk Liquid Stock Control at Retail Outlets , 5 th Edition, May 1993.

3.3.1.5 RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks , 5 th Edition, June 2001.

3.3.1.6 RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems , 3 rd Edition, January 1996.

3.3.1.7 RP 1635, Management of Underground Petroleum Storage Systems at Marketing and Distribution Facilities [final edition, now out of print], 3 rd Edition, January 1987.

3.3.1.8 RP 1637, Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals , Fourth Edition, April 2020.

3.3.1.9 RP 1646, Safe Work Practices for Contractors Working at Retail Petroleum/Convenience Facilities , 2 nd Edition, March 2017.

3.3.1.10 IP 1542, Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fueling Equipment , 8 th Edition, August 2007.

3.3.1.11 RP 1626, Storing and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Service Stations , 2 nd Edition, August 2010.

3.3.1.12 Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks , 7 th Edition, May 2014.

3.3.1.13 RP 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks , 1 st Edition, August 2001.

3.3.1.14 RP 1626, Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations , 2nd Edition, August 2010.

3.3.1.15 RP 2200, Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines , 5th Edition, September 2015.

3.3.2 National Association of Corrosion Engineers (NACE)

3.3.2.1 NACE International Standard Practice SP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, March 2011

at Distribution Terminals and Filling Stations , 2nd Edition, August 2010.

3.3.1.15 RP 2200, Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines , 5th Edition, September 2015.

3.3.2 National Association of Corrosion Engineers (NACE)

3.3.2.1 NACE International Standard Practice SP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, March 2011.

3.3.2.2 NACE International Test Method TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems, March 2012 .

3.3.2.3 NACE International Standard Practice SP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems , October 2013.

3.3.2.4 NACE International Test Method TM0497, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems , June 2012.

3.3.3 National Fire Protection Association (NFPA)

3.3.3.1 NFPA 30, Flammable and Combustible Liquids Code , May 2014.

3.3.3.2 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages , May 2014.

3.3.3.3 NFPA 31, Standard for the Installation of Oil Burning Equipment , December 2015.

3.3.3.4 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases , December 2014.

3.3.3.5 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids , August 2016.

3.3.4 National Leak Prevention Association (NLPA)

3.3.4.1 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks , June 1995.

3.3.4.2 NLPA 631, Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection , June 1995.

3.3.5 Petroleum Equipment Institute (PEI)

3.3.5.1 RP100, Recommended Practices for Installation of Underground Liquid Storage Systems , 2017 Edition

d Chapter B, Future Internal Inspection Requirements for Lined Tanks , June 1995.

3.3.4.2 NLPA 631, Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection , June 1995.

3.3.5 Petroleum Equipment Institute (PEI)

3.3.5.1 RP100, Recommended Practices for Installation of Underground Liquid Storage Systems , 2017 Edition.

3.3.5.2 RP300, Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites , 2009 Edition.

3.3.5.3 RP 500, Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment , 2011 Edition.

3.3.5.4 RP 900, Recommended Practices for the Inspection and Maintenance of UST Systems , 2017 Edition.

3.3.5.5 RP 1000, Marina Fueling Systems , 2014 Edition.

3.3.5.6 RP 1100, Recommended Practices for the Storage and Dispensing of Diesel Exhaust Fluid , 2015 Edition.

3.3.5.7 RP 1200, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities , 2017 Edition.

3.3.5.8 RP 1300, Aviation Fueling Systems , 2013 Edition.

3.3.5.9 RP 1400, Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems , 2014 Edition.

3.3.5.10 RP 1700, Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems , 2018 Edition.

3.3.6 Steel Tank Institute (STI)

3.3.6.1 Specification STI-P3®, Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks , November 2015.

3.3.6.2 F-841, Standard for Dual Wall Underground Steel Storage Tanks , January 2006.

3.3.6.3 F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks , November 2015.

3.3.6.4 F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks , November 2015

round Steel Storage Tanks , November 2015.

3.3.6.2 F-841, Standard for Dual Wall Underground Steel Storage Tanks , January 2006.

3.3.6.3 F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks , November 2015.

3.3.6.4 F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks , November 2015.

3.3.6.5 R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs , December 2010.

3.3.6.6 F-922, Specification for Permatank ®, October 2014.

3.3.6.7 R892, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems , January 2006.

3.3.6.8 R012, Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks , April 2007.

3.3.6.9 R051, Cathodic Protection Testing Procedures for STI- P3® USTs , April 2017.

3.3.7 Underwriters Laboratories Standards (UL)

3.3.7.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids , 9 th Edition, January 1996.

3.3.7.2 UL 1316, Standard for Glass-Fiber Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures , 2 nd Edition, January 1994.

3.3.7.3 UL 1746, Standard for Safety: External Corrosion Protection Systems For Steel Underground Storage Tanks , 3 rd Edition, January 2007.

3.3.7.4 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids , 1 st Edition, October 1995.

3.3.7.5 UL 971A, Outline of Investigation for Metallic Underground Fuel Pipe , October 2006.

3.3.7.6 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas , 10 th Edition, May 2014.

3.3.8 U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)

3.3.8.1 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces , September 2016.

3.3.8.2 OSHA, 29 CFR, 1926 Subpart P, Excavations , July 2015

006.

3.3.7.6 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas , 10 th Edition, May 2014.

3.3.8 U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)

3.3.8.1 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces , September 2016.

3.3.8.2 OSHA, 29 CFR, 1926 Subpart P, Excavations , July 2015.

3.3.9 American Section of the International Association for Testing Materials (ASTM)

3.3.9.1 ASTM International E2893-16, Standard Guide for Greener Cleanup , May 2016.

3.3.10 Fiberglass Tank and Pipe Institute (FTPI)

3.3.10.1 FTPI Protocol, Field Test Protocol for Testing and Annular Space of Installed Underground Fiberglass Double and Triple Wall Tanks with Dry Annular Space , August 2014.

3.3.10.2 FTPI RP T-995-021, Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks , 2nd Edition, January 1995.

3.3.11 Interstate Technology and Regulatory Council (ITRC)

3.3.11.1 ITRC, Green and Sustainable Remediation: State of the Science and Practice. GSR-1 , May 2011.

3.3.11.2 ITRC, Green and Sustainable Remediation: A Practical Framework. GSR-2 , November 2011.

3.3.12 Ken Wilcox Associates (KWA)

3.3.12.1 KWA RP, Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera , September 1999.

3.4 Incorporation by Reference

3.4.1 The Delaware Risk-Based Corrective Action Protocol, Volume 2, dated January, 2023, published by the Department of Natural Resources and Environmental Control, for Petroleum Underground and Aboveground Storage Tank Sites is hereby adopted and incorporated by reference as the Delaware Risk-Based Corrective Action Protocol and is an enforceable part of these Regulations

corporation by Reference

3.4.2 The Hydrogeologic Investigation Guidance, Volume 2, dated January, 2023, published by the Department of Natural Resources and Environmental Control, is hereby adopted and incorporated by reference for the purposes of compliance with Corrective Action requirements established in Part E and is an enforceable part of these Regulations.

3.4.3 The Investigation, Risk Determination and Remediation Guidance for the Vapor Intrusion Pathway Guidance, dated January, 2023, published by the Department of Natural Resources and Environmental Control, is hereby adopted and incorporated by reference for the purposes of compliance with Corrective Action requirements established in Part E and is an enforceable part of these Regulations.

11 DE Reg. 922 (01/01/08)

23 DE Reg. 581 (01/01/20)

27 DE Reg. 533 (01/01/24)

4.0 Registration and Notification Requirements

4.1 General Requirements

4.1.1 No Person shall own or operate an UST System unless the UST System is registered with the Department utilizing a form provided by the Department, unless specifically exempted in this Part. At a minimum, the notice shall specify to the extent known, the location, size, type of UST System, type of Release Detection, age of the UST, and the type of Regulated Substance(s) stored.

f Release Detection, age of the UST, and the type of Regulated Substance(s) stored.

4.1.2 All UST Systems, unless specifically exempted, that were in the ground on or after July 12, 1985, unless taken out of operation and Closed In Place on or before January 1, 1974, are required to be registered with the Department in accordance with 7 Del.C. Chapter 74 utilizing a form provided by the Department. Owners and Operators who have not complied with the registration requirements may obtain a notification form from the Department which shall be accurately completed, signed, dated and returned to the Department.

4.1.3 Owners and Operators shall provide notification for each UST. Owners and Operators may provide notice for multiple USTs at a single Facility using one notification form. Owners with USTs located at more than one Facility shall file a separate notification form for each Facility.

4.1.4 Registration of UST Facilities shall be renewed on or before February 1 of every year from the date of the last valid Registration Certificate and until the Department receives a formal notice that the UST Facility has been Removed or Closed In Place or that the ownership of the Facility has been transferred. Registration shall be automatically renewed by the Department upon receipt of the annual Tank registration fee. Nonpayment of fees shall render the Registration Certificate invalid.

4.1.5 The Owner shall sign and date all UST 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 in UST System status including Removal, Closure In Place, Change In Service, or Change In Substance Stored, Retrofit, or Upgrade at least 14 Days prior to the change.

4.1.7 No Person shall accept delivery of a Regulated Substance into an UST System unless the UST Facility has a valid Registration Certificate issued by the Department

he original registration form including change of address, change in UST System status including Removal, Closure In Place, Change In Service, or Change In Substance Stored, Retrofit, or Upgrade at least 14 Days prior to the change.

4.1.7 No Person shall accept delivery of a Regulated Substance into an UST System unless the UST Facility has a valid Registration Certificate issued by the Department.

4.1.8 No Person shall deposit a Regulated Substance into an UST System unless the UST Facility has a valid Registration Certificate issued by the Department.

4.1.9 Any Person who sells an UST System shall notify the new Owner and Operator of the UST System registration requirements of Part A, subsection 4.4.

4.2 Registration Fees

4.2.1 On or before February 1 of each calendar year, Owners and Operators of UST Systems shall pay an annual per Underground Storage Tank registration fee in accordance with 7 Del.C. §7418 .

4.2.2 Consumptive Use Heating Fuel UST Systems are subject to the Tank registration fee in 7 Del.C. §7418 as follows:

4.2.2.1 Consumptive Use Heating Fuel UST Systems with a storage capacity greater than 1,100 gallons and less than or equal to 2,000 gallons are subject to the annual tank registration fee beginning January 1, 1989 and ending May 14, 1993.

4.2.2.2 Consumptive Use Heating Fuel UST Systems with a storage capacity greater than 2,000 gallons are subject to the annual tank registration fee beginning January 1, 1989.

4.2.3 No annual registration fee will be required if an UST System is Removed or Closed In Place prior to the February 1 deadline for payment of the UST fee. To qualify for this exemption, the Owner and Operator of the UST System shall comply with the notification and Removal or Closure In Place requirements of these Regulations.

4.3 Registration Certificate

4.3.1 The Department shall issue a valid Registration Certificate for each UST Facility upon initial registration or notification of Change In Service or change in ownership

payment of the UST fee. To qualify for this exemption, the Owner and Operator of the UST System shall comply with the notification and Removal or Closure In Place requirements of these Regulations.

4.3 Registration Certificate

4.3.1 The Department shall issue a valid Registration Certificate for each UST Facility upon initial registration or notification of Change In Service or change in ownership. The Owner and Operator of the UST Facility shall display a current and valid Registration Certificate on the premises of the UST Facility at all times. The Registration Certificate shall be made available for inspection upon request by any authorized local, state or federal representative.

4.4 Transfer of Ownership of UST Systems Notification Requirements

4.4.1 Any Person who sells a UST System intended to be used as an UST System shall notify the purchaser of such UST System of the new Owner's notification obligations under these Regulations.

4.4.2 Any Person who assumes ownership of an UST System from a previous registrant shall complete and return to the Department a new notification form and a transfer of ownership form with documentation of compliance with the financial responsibility requirements of Part F of these Regulations and a copy of the executed bill of sale for the property no later than 30 Days after the transfer. The Owner and Operator may redact the sale price listed in the executed bill of sale.

4.4.3 The new Owner and Operator may operate the UST System for no more than 72 hours after assuming ownership without the Department having received the new notification form and a transfer of ownership form with documentation of compliance with the financial responsibility requirements of Part F of these Regulations and a copy of the executed bill of sale.

4.4.4 The seller or former Owner shall, at the time of transfer of ownership, deliver to the new Owner all available documents and information relevant to the UST System, as described in Part A, subsections 5.1.3 and 5.1.4

ransfer of ownership form with documentation of compliance with the financial responsibility requirements of Part F of these Regulations and a copy of the executed bill of sale.

4.4.5 Any change in the structure of the UST Owner, including any change in the corporate form and any change in the form of the business entity, shall constitute a transfer of ownership.

4.5 Multiple Use USTs Notification Requirements

4.5.1 Owners and Operators shall provide written notification to the Department when UST Systems are to be used for multiple purposes.

4.5.2 UST Systems storing 1 Regulated Substance utilized for multiple purposes including petroleum used for heating buildings and fueling emergency generators and diesel fuel used for fueling vehicles and heating buildings, shall meet the more stringent requirements for installation, Release Detection, spill and overfill prevention, corrosion protection and financial responsibility requirements in Parts A, B, C, D, F, H, and I of these Regulations.

4.6 Installation Notification Requirements

4.6.1 No Person shall install an UST System used for storing Regulated Substances without prior written approval from the Department.

4.6.2 UST System Owners and Operators shall notify the Department of the planned installation of all UST Systems used for storing Regulated Substances, at least 30 Days prior to installation. Notice shall include information as required in Parts B, C or D of these Regulations.

4.6.3 Upon notification by the Owner and Operator, a review by the Department of the notification and accompanying documents shall be made for compliance with these Regulations.

4.6.4 A formal letter of approval or denial of the installation shall be issued by the Department to the Owner

ys prior to installation. Notice shall include information as required in Parts B, C or D of these Regulations.

4.6.3 Upon notification by the Owner and Operator, a review by the Department of the notification and accompanying documents shall be made for compliance with these Regulations.

4.6.4 A formal letter of approval or denial of the installation shall be issued by the Department to the Owner.

4.6.5 The Owner and Operator shall comply with all requirements stated by the Department in the installation approval letter.

4.6.6 If within the 30 Day notification period, the Department or its designee issues a formal letter of approval, the installation of the UST System may begin.

4.6.7 If a denial is issued, the Plan may be re-submitted provided all corrections required by the Department have been made.

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

4.6.9 A formal approval of installation shall be valid for 1 year from the date of approval. If installation of the UST System is not completed within 1 year of issuance of the Department's letter of approval, the approval shall lapse.

4.6.10 Department approval for installation of an UST System shall not eliminate the need to obtain applicable approvals and permits from the authority or authorities enforcing the Delaware Fire Prevention Commission Regulations , local building codes or other State or Federal or Local rules or regulations.

ls and permits from the authority or authorities enforcing the Delaware Fire Prevention Commission Regulations , local building codes or other State or Federal or Local rules or regulations.

4.6.11 Owners and Operators shall certify that they are in compliance with the financial responsibility requirements in Part F of these Regulations prior to a Regulated Substance being placed in the UST system. If an insurance or risk retention group coverage mechanism is used to comply with the financial responsibility requirements in Part F, such certification requires submission of an insurance or risk retention group coverage documents, including a copy of the complete insurance policy and any endorsements, and the Certificate Of Insurance (Form D) and UST Schedule (Form R).

4.6.12 At the completion of the UST System installation, the Owner and Operator shall not commence operation of the UST System without written approval and receipt of a valid Registration Certificate from the Department.

4.7 Repair, Retrofit and Upgrade Notification Requirements

4.7.1 UST Systems Owners and Operators shall notify the Department on a form provided by the Department, of scheduled Repairs, Retrofits, or Upgrades that require post-construction testing in accordance with Part A, subsection 15.8, at least 14 Days prior to the proposed date of construction. The Department shall approve or deny the construction work within 14 Days of receipt of the notification form and construction plans.

4.7.2 UST Systems Owners and Operators shall notify the Department on a form provided by the Department, of scheduled Repairs, Retrofits, or Upgrades that require Tier 0 soil sampling and analysis in accordance with Part A, subsection 15.12, at least 14 Days prior to the proposed date of construction. The Department shall approve or deny the construction work within 14 Days of receipt of the notification form and construction plans

ors shall notify the Department on a form provided by the Department, of scheduled Repairs, Retrofits, or Upgrades that require Tier 0 soil sampling and analysis in accordance with Part A, subsection 15.12, at least 14 Days prior to the proposed date of construction. The Department shall approve or deny the construction work within 14 Days of receipt of the notification form and construction plans.

4.7.3 The Repair, Retrofit or Upgrade construction may proceed after the Department has acknowledged receipt of the notification form and has approved the Repair, Retrofit or Upgrade construction plans.

4.7.3.1 If the Repair, Retrofit, or Upgrade is aboveground or within a Containment Sump and the Owner or Operator does not receive approval from the Department within 14 Days, the Owner or Operator may commence construction work for Repair, Retrofit, or Upgrade provided that:

4.7.3.1.1 The Owner or Operator notifies the Department 2 Days prior to the commencement of Repair, Retrofit or Upgrade construction work; and

4.7.3.1.2 The Owner or Operator shall recognize that any actions taken without prior approval is at the risk of the Owner or Operator and does not absolve the Owner or Operator of the obligation to comply with all applicable requirements of the Regulations.

4.7.4 UST System Owners and Operators shall notify the Department 2 Days prior to the commencement of Repair, Retrofit or Upgrade construction work after receipt of the Department's approval of the Repair, Retrofit or Upgrade construction plans unless otherwise directed by the Department.

4.7.5 If the Repair, Retrofit or Upgrade construction work has not begun within 90 Days of receipt of the Department's approval, a new notification form shall be submitted to the Department

to the commencement of Repair, Retrofit or Upgrade construction work after receipt of the Department's approval of the Repair, Retrofit or Upgrade construction plans unless otherwise directed by the Department.

4.7.5 If the Repair, Retrofit or Upgrade construction work has not begun within 90 Days of receipt of the Department's approval, a new notification form shall be submitted to the Department.

4.8 Removal, Closure In Place, Change In Service and Change in Substance Stored Notification Requirements

4.8.1 UST System Owners and Operators shall notify the Department of all scheduled UST System Removals, UST System Closures In Place, UST System Changes In Service, or UST Changes in Substance Stored on a form provided by the Department. The notification form shall be completed and signed by the Owner and shall be received by the Department at least 14 Days prior to beginning the Removal, Closure In Place, Change In Service or Change in Substance Stored of the UST System.

4.8.2 Removal, Closure In Place, Change In Service or Change in Substance Stored of an UST System without the required 14 Day notification to the Department is prohibited. If such action is in response to an Imminent Threat to human health, safety or the environment, the Owner or Operator shall notify the Department in accordance with Part E, subsection 1.3.

4.9 Posting of Approval Letters and Change in Schedule of Construction

4.9.1 A copy of all Department approvals and permits shall be kept at the UST site and be available to Department representatives upon request. UST installation, Retrofit or Upgrade work may be halted for failure to maintain a copy of approvals and permits at the construction site.

4.9.2 Any change in the schedule of work shall be communicated to the Department a minimum of 2 Days prior to the new scheduled date of work. All schedule changes shall be approved by the Department

e and be available to Department representatives upon request. UST installation, Retrofit or Upgrade work may be halted for failure to maintain a copy of approvals and permits at the construction site.

4.9.2 Any change in the schedule of work shall be communicated to the Department a minimum of 2 Days prior to the new scheduled date of work. All schedule changes shall be approved by the Department.

4.10 UST System Tightness Test Failure Reporting Requirements

4.10.1 Results of any UST System which fails an UST System tightness test shall be reported to the Department within 24 hours by the Owner and Operator and the UST System test contractor. A copy of the test result(s) shall be sent to the Department within 7 Days of the test failure. The UST System tightness test failure shall be investigated in accordance with Part E, Section 2.0.

4.10.2 The Department reserves the right to request confirmatory system tightness tests to verify any test results submitted by an Owner, Operator, or contractor.

23 DE Reg. 581 (01/01/20)

24 DE Reg. 806 (02/01/21)

27 DE Reg. 533 (01/01/24)

5.0 Recordkeeping

5.1 General Requirements

5.1.1 Owners and Operators of UST System Facilities shall maintain records in an orderly permanent form. To demonstrate recent UST Facility compliance status, Owners and Operators shall maintain records of monitoring, testing, Repairs, Retrofits, Upgrades, Removal, or Closure In Place, Change In Service or Change in Substance Stored, and all site evaluations and reports, including soil sampling and analyses according to protocols specified in DERBCAP.

5.1.2 Owners and Operators of UST System Facilities shall make all records available for inspection upon request by the Department within 14 Days of the request

, testing, Repairs, Retrofits, Upgrades, Removal, or Closure In Place, Change In Service or Change in Substance Stored, and all site evaluations and reports, including soil sampling and analyses according to protocols specified in DERBCAP.

5.1.2 Owners and Operators of UST System Facilities shall make all records available for inspection upon request by the Department within 14 Days of the request.

5.1.3 Owners and Operators shall maintain the following UST System operation and Maintenance records for a period of not less than 3 years as applicable:

5.1.3.1 Inventory control records;

5.1.3.2 Tank and Piping Release Detection records;

5.1.3.3 Routine inspection records;

5.1.3.4 Containment Sump testing records;

5.1.3.5 Manual Tank gauging records;

5.1.3.6 Overfill prevention equipment inspection records.

5.1.4 Owners and Operators shall maintain the following records throughout their time of ownership or operation of the UST system. These records are meant to be permanent records maintained for the life of the UST system and transferred from 1 Owner to the next pursuant to Part A, subsection 4.4.

5.1.4.1 Cathodic Protection records;

5.1.4.2 Tank lining records;

5.1.4.3 UST registration forms and certificates;

5.1.4.4 Regulated Substance storage records including demonstration of Compatibility with the UST system in accordance with Part A, Section 13.0;

5.1.4.5 Dates and details of the UST System installation, including:

5.1.4.5.1 As built plans drawn to a specified scale of the UST and Piping Systems; and

5.1.4.5.2 Photos taken during the installation; and

5.1.4.5.3 New installation approval letters issued by the Department.

5.1.4.6 Dates and details of installation of Release Detection systems. These records shall include the following:

5.1.4.6.1 All written performance claims pertaining to any Release Detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer

stallation; and

5.1.4.5.3 New installation approval letters issued by the Department.

5.1.4.6 Dates and details of installation of Release Detection systems. These records shall include the following:

5.1.4.6.1 All written performance claims pertaining to any Release Detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer.

5.1.4.6.2 Written documentation of all calibration, Maintenance, and Repair of Release Detection equipment located on site.

5.1.4.7 Records of, dates, descriptions, and written documentation of Repairs, Retrofits and Upgrades of the UST Systems and associated Ancillary Equipment including all site evaluations and reports, including soil sampling and analyses according to protocols specified in DERBCAP.

5.1.4.8 UST System Removal and Closed In Place records, in accordance with Section 18.0, all site evaluations and reports, including soil sampling and analyses according to protocols specified in DERBCAP.

5.1.4.9 No further action letters issued by the Department.

5.1.4.10 Class A, Class B and Class C Operator Training Records for duration of employment.

5.1.4.11 Any records concerning an alternative procedures approval issued by the Department.

5.1.4.12 Financial responsibility documentation in accordance with Part F.

23 DE Reg. 581 (01/01/20)

27 DE Reg. 533 (01/01/24)

6.0 Alternative Procedures Approval Requirements

6.1 General Requirements

6.1.1 Alternative procedures approval may be granted by the Department from these Regulations except that no alternative procedure shall be granted which would be inconsistent with the no less stringent requirements of Subtitle I, Section 9004 of the Resource Conservation and Recovery Act of 1976 and the applicable provisions of 40 CFR Part 281 Subpart C.

nconsistent with the no less stringent requirements of Subtitle I, Section 9004 of the Resource Conservation and Recovery Act of 1976 and the applicable provisions of 40 CFR Part 281 Subpart C.

6.1.2 The Owner and Operator of an UST System subject to the provisions of these Regulations may request in writing a determination from the Department for approval of an alternative procedure or technology. The Department may approve alternative procedures or technologies or a combination of alternative procedures or technologies if the following requirements are met. The requirements shall be submitted in writing and shall set forth as a minimum the following information:

6.1.2.1 Name and location of the Facility and the specific UST System for which an alternative procedure is sought; and

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

6.1.2.3 The contents of the UST System; and

6.1.2.4 The basis for the alternative procedure, including the technical difficulties that would result from compliance with the established provision; and

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

6.1.2.6 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.

6.1.3 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 shall comply with any conditions imposed by the Department on its use to ensure the protection of human health, safety or the environment

ll 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 shall comply with any conditions imposed by the Department on its use to ensure the protection of human health, safety or the environment.

6.1.4 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.

23 DE Reg. 581 (01/01/20)

7.0 Information Access

7.1 General Requirements

7.1.1 For the purpose of developing or assisting in the development of a standard regulation or enforcement of these Regulations, an Owner or Operator shall, upon the request of a duly designated officer or employee of the State designated by the Secretary of the Department, furnish information relating to the UST System and its contents and shall permit the designated officer or employee at all reasonable times to have access to and to copy all records relating to the UST System or its contents and to conduct monitoring or require remediation activities, pursuant to 7 Del.C. Chapter 74 , The Delaware Underground Storage Tank Act, which the designated officer or employee deems necessary. For the purpose of developing or assisting in the development of a standard or regulation or enforcement of these Regulations, the designated officer or employee is authorized to:

7.1.1.1 Enter at reasonable times the Facility or other place where an UST or its records are located. The Owner and Operator shall permit unannounced inspections of UST Systems pursuant to these Regulations; and

7.1.1.2 Inspect and obtain samples of Regulated Substances from any Person and to conduct monitoring of the UST System, contents, or surrounding soils, water, and air. An inspection shall be commenced and completed with reasonable promptness.

7.1.2 In submitting data under 7 Del.C

located. The Owner and Operator shall permit unannounced inspections of UST Systems pursuant to these Regulations; and

7.1.2 In submitting data under 7 Del.C. Chapter 74 , The Delaware Underground Storage Tank Act , and these Regulations, a Person required to provide such data may:

7.1.2.1 Designate the data which the Person believes is entitled to protection as business or corporate property; and

7.1.2.2 Submit such designated data separately from other data submitted under these Regulations.

7.1.3 Any such records, reports or information obtained shall be entitled to protection under United States Code Title 18 §1905, Disclosure of Confidential Information Generally .

7.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A, Section 8.0 of these Regulations and the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Chapter 100 as amended.

23 DE Reg. 581 (01/01/20)

8.0 Submittal of Confidential Information

8.1 General Requirements

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

8.1.2 A business confidentiality claim shall be asserted at the time of submission of the information or at the first opportunity provided, and shall be asserted by a Person claiming confidentiality, or the Department may release the information without further notice to the Person

of confidentiality as to the name and address of applicants on any registration or notification forms will be denied.

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

8.1.2.2 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

8.1.2.3 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

8.1.2.4 No statute specifically requires disclosure of the information; and

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

8.1.3 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).

8.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Chapter 100 as amended.

23 DE Reg

itled to confidential treatment as determined by the Department, may be released upon request to the United States Environmental Protection Agency (EPA).

23 DE Reg. 581 (01/01/20)

9.0 Delivery and Dispensing Prohibitions

9.1 Delivering and Dispensing Prohibition Tags

9.1.1 "Delivery Prohibition Tag" shall mean a tamper resistant tag, 4.5 inches x 7.5 inches, colored red, which shall include without limitation the following wording, printed in white, in all capital letters, in at least 36 point bold-faced type:

9.1.1.1 "PETROLEUM DELIVERY PROHIBITED"; and

9.1.1.2 "No Person shall remove, deface, alter or otherwise tamper with this Delivery Prohibition Tag so that any information contained on it becomes illegible or otherwise is rendered unavailable to any Person considering or commencing delivery of Regulated Substance into the UST System.

9.1.1.3 This Delivery Prohibition Tag is affixed by the Delaware Department of Natural Resources and Environmental Control, pursuant to Part A, Section 9.0. Violators are subject to civil and criminal penalties pursuant to 7 Del.C. §§6005, 6013 and 7411 ." Contact information for the Department shall be included on the Delivery Prohibition Tag.

9.1.1.4 No Person shall order, deliver or accept delivery of a Regulated Substance into an UST System that has a Delivery Prohibition Tag affixed to the UST System

ntal Control, pursuant to Part A, Section 9.0. Violators are subject to civil and criminal penalties pursuant to 7 Del.C. §§6005, 6013 and 7411 ." Contact information for the Department shall be included on the Delivery Prohibition Tag.

9.1.1.4 No Person shall order, deliver or accept delivery of a Regulated Substance into an UST System that has a Delivery Prohibition Tag affixed to the UST System.

9.1.2 “Dispensing Prohibition Tag" shall mean a tamper resistant tag, 4.5 inches x 7.5 inches, colored white, which shall include without limitation the following wording, printed in red, in all capital letters, in at least 36 point bold-faced type:

9.1.2.1 "PETROLEUM DISPENSING PROHIBITED"; and

9.1.2.2 "No Person shall remove, deface, alter or otherwise tamper with this Dispensing Prohibition Tag so that any information contained on it becomes illegible or otherwise is rendered unavailable to any Person considering dispensing of Regulated Substance from the UST System.

9.1.2.3 This Dispensing Prohibition Tag is affixed by the Delaware Department of Natural Resources and Environmental Control, pursuant to Part A, Section 9.0. Violators are subject to civil and criminal penalties pursuant to 7 Del.C. §§6005, 6013 and 7411. Contact information for the Department shall be included on the Dispensing Prohibition Tag.

9.1.2.4 No Person shall dispense a Regulated Substance from a UST System that has a Dispensing Prohibition Tag affixed to the UST System.

9.1.3 The Department shall retain all other legal rights and remedies for violations upon which a Delivery or Dispensing Prohibition Tag is based, including without limitation all civil, administrative and daily monetary penalties. Affixing of the Delivery or Dispensing Prohibition Tag shall not be construed to preclude, estop or otherwise limit the exercise at any time of any right or remedy by the Department, including without limitation all civil, administrative and daily penalties

which a Delivery or Dispensing Prohibition Tag is based, including without limitation all civil, administrative and daily monetary penalties. Affixing of the Delivery or Dispensing Prohibition Tag shall not be construed to preclude, estop or otherwise limit the exercise at any time of any right or remedy by the Department, including without limitation all civil, administrative and daily penalties. Due to the nature of the Delivery or Dispensing Prohibition Tag, an Owner and Operator should expect that additional enforcement action may be taken.

9.1.4 Any failure of the Division to take any action specified in Part A, Requirements for Delivery or Dispensing Prohibition, subsection 9.1, shall not be a condition on the effectiveness of the Delivery or Dispensing Prohibition Tag to prevent deliveries or dispensing under penalty of law, and shall not constitute a defense to any violations under the Regulations Governing Underground Storage Tank Systems or 7 Del.C. Chs. 60 and 74 .

9.2 Process for Field Delivery and Dispensing Prohibitions Without Prior Notice

9.2.1 The following conditions warrant immediate Delivery and Dispensing Prohibitions:

9.2.1.1 Department representative determines that an Imminent Threat exists, or

9.2.1.2 Spill prevention, overfill prevention, Release Detection, or corrosion protection equipment is not installed as required by these Regulations, or

9.2.1.3 Failure to comply with an Indicated Release investigation or Release response requirements in accordance with Part E of these Regulations, or

9.2.1.4 Failure to comply with financial responsibility requirements in accordance with Part F of these Regulations

ntion, overfill prevention, Release Detection, or corrosion protection equipment is not installed as required by these Regulations, or

9.2.1.3 Failure to comply with an Indicated Release investigation or Release response requirements in accordance with Part E of these Regulations, or

9.2.1.4 Failure to comply with financial responsibility requirements in accordance with Part F of these Regulations.

9.2.2 Department representative shall immediately affix the Delivery Prohibition Tag to the fill Pipe and the Dispensing Prohibition Tag to the affected Dispenser of the UST System(s) involved, so that it is immediately noticeable and available to any Person considering or commencing delivery of Regulated Substances into the UST System or dispensing of Regulated Substances from the UST System(s).

9.2.3 Department representative shall contact the Owner and Operator, as soon as practicable subsequent to the affixing of the Delivery and Dispensing Prohibition Tags and inform the Owner and Operator of:

9.2.3.1 The affixing of the Prohibition Tags, and

9.2.3.2 The violation(s) upon which the prohibition is based and

9.2.3.3 Procedures for filing a Notice of Appeal.

9.2.4 An Owner or Operator may at any time submit a written Notice of Appeal, disputing the underlying violation(s) to the Department. The Notice of Appeal shall provide all information, substantiation, and documentation to allow an informed decision on the appeal, and contact information.

9.2.5 The Department shall issue a written response to the Notice of Appeal within 7 Days of receipt, and shall arrange for it to be delivered to the Owner or Operator submitting the Notice of Appeal as soon as practicable. An Owner or Operator may submit more than 1 written Notice of Appeal.

9.2.6 Within 7 Days of receipt by an Owner or Operator of the Department’s written response, the Owner or Operator may submit a Request for an Expedited Evidentiary Hearing to the Department

Days of receipt, and shall arrange for it to be delivered to the Owner or Operator submitting the Notice of Appeal as soon as practicable. An Owner or Operator may submit more than 1 written Notice of Appeal.

9.2.6 Within 7 Days of receipt by an Owner or Operator of the Department’s written response, the Owner or Operator may submit a Request for an Expedited Evidentiary Hearing to the Department.

9.2.7 Within 7 Days of receipt of the Request for an Expedited Evidentiary Hearing, the Department shall schedule an Expedited Evidentiary Hearing, with written notice to the Owner or Operator at least 30 Days before the scheduled date of the Expedited Evidentiary Hearing.

9.2.8 At any time information becomes available to the Department that causes it to conclude that the violation(s) upon which the Delivery and Dispensing Prohibition Tags is based no longer exists, including results from the Indicated Release investigation, Department representative shall remove the Delivery or Dispensing Prohibition Tag as soon as practicable.

9.3 Process for Delivery Prohibitions with Prior Notice

9.3.1 Upon determination by the Department of a violation of the Regulations Governing Underground Storage Tank Systems or 7 Del.C. Chs. 60 or 74 , other than a violation that poses an Imminent Threat, the Department may give written notice to the Owner or Operator of the following:

9.3.1.1 The violation(s) upon which the prohibition is based, and

9.3.1.2 The scheduling of an Expedited Evidentiary Hearing, with written notice to the Owner or Operator at least 30 Days before the scheduled date of the Expedited Evidentiary Hearing, and

9.3.1.3 The preliminary intention to affix a Delivery Prohibition Tag at the conclusion of the Expedited Evidentiary Hearing, subject to consideration of the evidence submitted and any other pertinent considerations.

9.4 Process for Expedited Evidentiary Hearing

9.4.1 The administrative head of the Department, or his or her designee, shall preside at the Expedited Evidentiary Hearing

Hearing, and

9.4 Process for Expedited Evidentiary Hearing

9.4.1 The administrative head of the Department, or his or her designee, shall preside at the Expedited Evidentiary Hearing.

9.4.2 The Owner or Operator may appear at the Expedited Evidentiary Hearing and submit evidence to refute or correct the violation(s).

9.4.3 The administrative head of the Department, or his or her designee, shall issue a written ruling to the Owner or Operator within 7 Days after the Expedited Evidentiary Hearing is concluded.

9.4.4 The Owner or Operator may appeal an adverse determination from the Expedited Evidentiary Hearing by requesting a public hearing pursuant to the procedural provisions for a public hearing found in 7 Del.C. Chs. 60 and 74 . The request for a public hearing shall be made by the Owner or Operator to the Secretary's Office in writing within 30 Days of receipt of an adverse determination of the Expedited Evidentiary Hearing.

9.4.5 The focus of the appeal process shall be the existence of the violation(s) underlying the affixing of the Delivery or Dispensing Prohibition Tag, and, by extension, whether the Department should remove the Delivery or Dispensing Prohibition Tag or forbear from affixing it. If at any time during the appeal process, the Division removes the Delivery or Dispensing Prohibition Tag, the appeal process shall be ceased, no further actions need be taken by the Department, and no further proceedings shall be available or provided to the Owner or Operator concerning the Delivery or Dispensing Prohibition Tag. The appeal process shall not act as a stay of the effect of the Delivery or Dispensing Prohibition Tag or any other legal requirements.

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g, the appeal process shall be ceased, no further actions need be taken by the Department, and no further proceedings shall be available or provided to the Owner or Operator concerning the Delivery or Dispensing Prohibition Tag. The appeal process shall not act as a stay of the effect of the Delivery or Dispensing Prohibition Tag or any other legal requirements.

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10.0 Requirements for Operator Training

10.1 Requirements for Class A, Class B and Class C Operators

10.1.1 Owners and Operators shall submit to the Department on a form provided by the Department a list of the individuals designated as the Class A and Class B Operator for each UST System that is subject to the requirements of Part B, or Part C with the exception of Heating Fuels UST Systems used for single family residential heating purposes, or Part D, or Part H or Part I of these Regulations, and that is In Service or Out Of Service, or has not been Removed or Closed in Place in accordance with these Regulations. The list shall include the name of the operator(s), classification of the operator(s), date each operator assumed the responsibility for their classification and date the operator training or written assessment was successfully completed.

10.1.2 A list in accordance with the requirements of Part A, subsection 10.1.1 shall be submitted to the Department a minimum of 14 Days prior to the operation of an UST System.

10.1.3 Owners and Operators shall notify the Department in writing within 14 Days of any change in the information provided in Part A, subsection 10.1.1.

10.1.4 At least 1 Class A and 1 Class B Operator shall be designated for each Facility. An individual may be designated as a Class A, Class B, or Class C Operator or any combination of the 3 classes at a single Facility.

10.1.5 An individual may be designated as a Class A, Class B, or Class C Operator at more than 1 Facility

s of any change in the information provided in Part A, subsection 10.1.1.

10.1.5 An individual may be designated as a Class A, Class B, or Class C Operator at more than 1 Facility.

10.1.6 A Facility shall not operate after August 8, 2012 unless a Class A, Class B, and Class C Operator has been designated for each UST System and Class A and Class B Operators have successfully completed a Department approved training program (receiving a grade of 80% or higher) and Class C Operators have been trained in accordance with Part A, subsection 10.1.11. At a minimum, the training program shall evaluate Class A and Class B Operators to determine these individuals have the knowledge and skills to make informed decisions regarding compliance and determine whether appropriate individuals are fulfilling the operation, Maintenance, and recordkeeping requirements for UST Systems in accordance with Part A, subsection 10.1.10.

10.1.7 Individuals designated as a Class A or Class B Operator in another state may comply with the training requirements of Part A, subsection 10.1.6 by successfully completing and receiving a grade of 80% or higher on an online assessment approved by the Department.

10.1.8 Individuals assuming responsibility for the duties of a Class A or Class B Operator shall successfully complete Department approved training in the topics listed in Part A, subsection 10.1.10 within 30 Days of being designated as the Class A or Class B Operator

ection 10.1.6 by successfully completing and receiving a grade of 80% or higher on an online assessment approved by the Department.

10.1.9 In addition to successful completion of an initial training program as required in Part A, subsection 10.1.6, upon notification from the Department that an UST System is not in compliance with these Regulations, Owners and Operators shall ensure that the Class A and Class B Operators at the Facility successfully complete additional training as required within 30 Days of receipt of written notice unless otherwise directed by the Department.

10.1.10 Training for Class A and Class B Operators shall be provided to ensure that the UST System is operated in compliance with these Regulations and shall include but is not limited to the following topics as applicable:

10.1.10.1 Registration and Notification Requirements; and

10.1.10.2 Operation and Maintenance of UST System components; and

10.1.10.3 Operation and Maintenance of spill prevention systems; and

10.1.10.4 Operation and Maintenance of overfill prevention systems; and

10.1.10.5 Operation and Maintenance of Release Detection systems; and

10.1.10.6 Operation and Maintenance of corrosion protection systems; and

10.1.10.7 Emergency response procedures; and

10.1.10.8 Compatibility of Regulated Substances and UST Systems; and

10.1.10.9 Financial responsibility requirements; and

10.1.10.10 Reporting, recordkeeping, testing, and routine inspection requirements; and

10.1.10.11 Release and indicated Release reporting requirements; and

10.1.10.12 Class C Operator training requirements; and

10.1.10.13 Operation and maintenance of vapor recovery systems; and

10.1.10.14 Change In Service, Removal, Retrofit, Closure in Place requirements; and

10.1.10.15 Materials of UST Syste

and

10.1.10.10 Reporting, recordkeeping, testing, and routine inspection requirements; and

10.1.10.11 Release and indicated Release reporting requirements; and

10.1.10.12 Class C Operator training requirements; and

10.1.10.13 Operation and maintenance of vapor recovery systems; and

10.1.10.14 Change In Service, Removal, Retrofit, Closure in Place requirements; and

10.1.10.15 Materials of UST Systems.

10.1.11 Owners and Operators shall ensure that all Class C Operators are trained in emergency response procedures specific to the Facility prior to assuming Class C Operator responsibilities. Owners and Operators shall maintain a list of currently trained and active Class C Operators specific to the Facility.

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11.0 Use of Certified Contractors

The installation, Retrofit, Removal or Closure In Place of an UST System storing Regulated Substance shall have a minimum of one individual, certified for the UST System activity to be performed, present at all times while work is occurring. This individual shall be a permanent employee of the business firm performing the UST System activity and the business firm shall be certified for the UST System activity being performed in accordance with the requirements of Part G of these Regulations. All work performed on an UST System storing Regulated Substance shall be in accordance with the requirements of Parts A, B, C, D, E, G, H and I of these Regulations.

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12.0 Request for No Further Action Determination

An Owner or Operator identified in Part A, subsection 1.2.1 who seeks a no further action determination from the Department for the Removal or Closure In Place of any UST System shall be subject to the requirements of Part A, Section 11.0, and Section 18.0, Part E, Section 6.0, Part H, subsection 2.5 and Part I, subsection 2.5 as applicable.

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Action Determination

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13.0 Additional Compatibility requirements for Regulated Substances Containing Ethanol and Biodiesel

13.1 Owners and Operators shall use an UST System made of or lined with materials that are Compatible with the Regulated Substance stored in the UST System.

13.2 Owners and Operators shall follow the notification requirements of Part A, Section 4.0 prior to changing to a Regulated Substance containing greater than 10% ethanol, greater than 20% biodiesel, or any other Regulated Substance identified by the Department. In addition, Owners and Operators with UST Systems storing these Regulated Substances shall meet 1 of the following:

13.2.1 Demonstrate Compatibility of the UST System (including the Tank, Piping, Containment Sumps, pumping equipment, Release Detection equipment, spill equipment, and overfill equipment). Owners and Operators shall demonstrate Compatibility of the UST System using 1 of the following:

13.2.1.1 Certification or listing of UST System equipment or components by a nationally recognized, independent testing laboratory for use with the Regulated Substance stored; or

13.2.1.2 Equipment or component manufacturer’s approval which shall be in writing, indicate an affirmative statement of Compatibility and specify the range of biofuel blends the equipment or component is Compatible with; or

13.2.1.3 Other method or methods determined by the Department to be no less protective of human health and the environment than the options listed in Part A, subsection 13.2.1.1 or 13.2.1.2.

13.3 Owners and Operators shall maintain records of Compatibility in accordance with Part A, subsection 5.1.4

atibility and specify the range of biofuel blends the equipment or component is Compatible with; or

13.2.1.3 Other method or methods determined by the Department to be no less protective of human health and the environment than the options listed in Part A, subsection 13.2.1.1 or 13.2.1.2.

13.3 Owners and Operators shall maintain records of Compatibility in accordance with Part A, subsection 5.1.4.

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14.0 Conditions Required for Product Piping Slope Exemption

14.1 Owners and Operators who seek a UST System installation that will not meet 1/8 inch per foot slope requirements in accordance with Part B, subsection 1.14.3, the following additional conditions shall be met:

14.1.1 Product piping shall be a pressurized system;

14.1.2 All Containment Sumps shall have a functioning sump sensor, programmed for positive shut down of the UST System or the product piping interstice shall be under continuous vacuum monitoring and the UST System shall be programmed for positive shut-down;

14.1.3 The dispenser product piping sump jumper tubes shall be removed or the product piping test boots pulled back after testing to allow the interstice to be open to the sump sensors (Not applicable if continuous vacuum monitoring is implemented);

14.1.4 Annual line leak detector function testing shall include measurements of resiliency and bleedback;

14.1.5 Annual line tightness testing shall be conducted on the piping, primary and secondary, while the system is in operation or a continuous vacuum monitoring of the interstice performing continuous interstitial monitoring of the piping system is required;

14.1.6 Continuous interstitial monitoring of the secondary product piping shall be the method of monthly release detection for the product piping system;

14.1.7 Product piping from the dispenser sump closest to the UST System submersible turbine pump sump shall be sloped at a minimum of 1/8 inch per lateral foot

rstice performing continuous interstitial monitoring of the piping system is required;

14.1.6 Continuous interstitial monitoring of the secondary product piping shall be the method of monthly release detection for the product piping system;

14.1.7 Product piping from the dispenser sump closest to the UST System submersible turbine pump sump shall be sloped at a minimum of 1/8 inch per lateral foot. Product piping installed with negative slope toward dispenser sumps is prohibited.

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15.0 Repair, Retrofit and Upgrade Requirements for UST Systems

15.1 All Retrofits and Upgrades to existing UST Systems shall meet the applicable design installation, Maintenance and operational standards in Part B, Section 1.0, Part C, Section 1.0, and Part D, Section 1.0 of this regulation and shall be approved by the Department prior to installation.

15.2 All Repairs that require post-construction testing shall meet the applicable design installation, maintenance, and operational standards in Part B, Section 1.0, Part C, Section 1.0, and Part D, Section 1.0 of these Regulations and shall be approved by the Department prior to installation.

15.3 Owners and Operators shall report any unusual operating conditions to the Department in accordance with the requirements of Part E, subsection 1.2 of these Regulations.

15.4 All equipment shall be installed, operated, and maintained such that manufacturer's warranties are not voided.

15.5 Owners and Operators shall ensure that Repairs, Retrofits, or Upgrades will prevent Releases due to structural failure or corrosion during the time the UST System is used to store a Regulated Substance.

15.6 Owners and Operators shall test the Cathodic Protection system in accordance with Part B, Section 1.0 or Section 2.0, Part C, Section 1.0 or Section 2.0, or Part D, Section 1.0, and within 6 weeks and every 12 months thereafter, following the Repair of any Cathodically Protected UST System to ensure it is operating properly

uring the time the UST System is used to store a Regulated Substance.

15.7 Owners and Operators shall maintain records for each Repair, Retrofit, or Upgrade for their time of ownership or operation of the UST System.

15.8 After any Repair, Retrofit, or Upgrade to an UST System, Owners and Operators shall have the applicable portions of the UST System tested in accordance with these Regulations or as directed by the Department before the UST System is placed into service.

15.9 Repairs to fiberglass reinforced plastic Tanks may be made only by the manufacturer or by its authorized representatives.

15.10 Owners and Operators may not Repair holes in Piping and fittings but shall replace any piece of such Piping or fittings from which a Release has occurred. Replacement Piping and fittings shall meet all applicable Piping requirements in Part B, Section 1.0, Part C, Section 1.0, and Part D, Section 1.0 of this regulation. Loose fittings and joints in Piping that have been tightened to eliminate leakage may be put back into service.

15.11 At any time during the course of a Repair, Retrofit, or Upgrade when there is an indication of a Release, the requirements of DERBCAP and Part E of these Regulations shall be followed.

15.12 At any time excavation of soil or removal of concrete, asphalt, or other cover is required during the course of a Repair, Retrofit, or Upgrade, Owners and Operators shall perform soil sampling and analysis in accordance with those requirements identified in DERBCAP to measure for the presence of a Release where contamination is most likely to be present at the UST site

ons shall be followed.

15.13 Within 60 Days of completion of a Repair, Retrofit, or Upgrade of an UST System Owners and Operators and UST Contractors shall submit documentation to the Department including the following:

15.13.1 Repair, Retrofit or Upgrade completion documentation; and

15.13.2 Results of Tier 0 sampling requirements specified in DERBCAP or Part A, subsection 15.11; and

15.13.3 Results of any UST System tests required by the Department.

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16.0 Change In Service Requirements and Requirements for Empty UST Systems

16.1 Owners and Operators shall notify the Department of all Changes In Service in accordance with the requirements of Part A, Section 4.0 of these Regulations.

16.2 General Requirements for Change In Service from In Service to Out Of Service for UST Systems.

16.2.1 Owners and Operators shall continue operation and Maintenance of corrosion protection in accordance with the requirements of Part B, Sections 1.0 or 2.0, Part C, Sections 1.0 or 2.0, or Part D, Section 1.0, as applicable when an UST System is Out Of Service.

16.2.2 Owners and Operators shall continue operation and Maintenance of Release Detection in accordance with the Release Detection requirements for Tanks and Piping in Part B, Section 1.0 or Section 2.0, Part C, Section 1.0 or Section 2.0, Part D, Section 1.0, Part H, subsection 2.4 or Part I, subsection 2.4, as applicable, when an UST System is Out Of Service

when an UST System is Out Of Service.

16.2.3 Owners and Operators shall continue to perform routine UST System testing in accordance with Part B, Sections 1.0 or Section 2.0, Part C, Sections 1.0 or Section 2.0, Part D, Section 1.0, Part H, subsection 2.4, or Part I, subsection 2.4, as applicable.

16.2.3.1 Leave vent Pipes open and functioning; and

16.2.3.2 Cap and secure all other Pipes, pumps, manways, and Ancillary Equipment.

16.2.4 Owners and Operators shall comply with the routine inspection requirements of Part B, subsection 1.30 or 2.31, Part C, subsection 1.27 or subsection 2.28, Part D, subsection 1.28, or Part H, subsection 2.3 or Part I, subsection 2.3, as applicable, when an UST System is Out Of Service.

16.3 General Requirements for Change In Service from Out Of Service to In Service for UST Systems.

16.3.1 Prior to a Change In Service of an UST System from Out Of Service to In Service Owners and Operators shall ensure that the UST System meets the following requirements prior to being placed In Service:

16.3.1.1 The UST System shall meet the requirements of Part B, Sections 1.0 or 2.0, Part C, Sections 1.0 or 2.0, Part D, Section 1.0, or Part H, subsection 1.1.2 or Part I, subsection 1.1.2 as applicable; and

16.3.1.2 The UST System shall be tested for tightness as applicable; and

16.3.1.3 All Cathodically Protected UST Systems shall be tested and all necessary Repairs made in accordance with the requirements of Part B, subsection 1.24 or subsection 2.25, Part C, subsection 1.24 or subsection 2.24, or Part D, subsection 1.24 as applicable.

16.4 Change In Service Soil Sampling and Analysis Requirements for UST Systems

T System shall be tested for tightness as applicable; and

16.4 Change In Service Soil Sampling and Analysis Requirements for UST Systems.

16.4.1 When an UST System is Out Of Service for 12 months, Owners and Operators shall complete soil sampling and analysis in accordance with those requirements specified in DERBCAP to measure for the presence of a Release.

16.4.2 Owners and Operators shall submit the documents required by DERBCAP to the Department within 30 Days of the completion of the soil sampling and analysis.

16.5 Financial Responsibility Requirements for Out Of Service UST Systems.

16.5.1 Owners and Operators shall comply with the requirements of Part F of these Regulations for Out Of Service UST Systems excluding UST Systems as identified in Part C.

16.6 When any UST System is Empty:

16.6.1 Owners and Operators shall leave vent Pipes open and functioning, and cap and secure all other Pipes, pumps, manways, and Ancillary Equipment.

16.6.2 Owners and Operators shall continue operation and Maintenance of corrosion protection in accordance with the applicable requirements of Part B, Section 1.0 or Section 2.0, Part C, Section 1.0 or Section 2.0, or Part D, Section 1.0, as applicable, until the UST System is Removed or Closed In Place in accordance with Part A, Section 18.0.

16.6.3 Release Detection and Routine Inspection are not required.

16.7 Within 3 months of rendering any UST System Empty Owners and Operators shall complete a soil sampling and analysis in accordance with those requirements specified in DERBCAP or perform a Removal or a Closure In Place of the UST System in accordance with Part A, Section 18.0.

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ce in accordance with Part A, Section 18.0.

16.6.3 Release Detection and Routine Inspection are not required.

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17.0 Change in Substance Stored Requirements for UST Systems

17.1 Owners and Operators shall notify the Department of all Changes in Substance Stored in accordance with the requirements of Part A, Section 4.0 of these Regulations.

17.2 Before the Change In Substance Stored, Owners and Operators shall Empty and clean the UST System by removing all liquids and accumulated sludge in accordance with the following industry standards:

17.2.1 API RP 1604, Closure of Underground Petroleum Storage Tanks .

17.2.2 API Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks .

17.2.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces .

17.2.4 PEI RP 1700, Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems .

17.3 Within 30 Days of the completion of the cleaning of the UST System required in Part A, subsection 17.2, Owners and Operators shall perform soil sampling and analysis in accordance those requirements specified in DERBCAP.

17.4 Owners and Operators shall submit documents in accordance with the requirements specified in DERBCAP to the Department within 60 Days of the Change In Substance Stored in an UST System.

17.5 Owners and Operators shall comply with the requirements of Part F of these Regulations until the UST System is Removed or Closed In Place in accordance with Part A, Section 18.0, or is rendered Empty in accordance with Part A, subsection 16.6, excluding UST Systems identified in Part C.

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d in DERBCAP to the Department within 60 Days of the Change In Substance Stored in an UST System.

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18.0 Removal or Closure In Place Requirements for UST Systems

18.1 Owners and Operators shall notify the Department of all Removals or Closures in Place in accordance with the requirements of Part A, Section 4.0 of these Regulations.

18.2 The Removal and Closure In Place procedures shall comply with the following industry standards:

18.2.1 API RP 1604, Closure of Underground Petroleum Storage Tanks .

18.2.2 API Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks .

18.2.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces .

18.2.4 PEI RP 1700, Recommended Practices for the Closure of underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems .

18.3 At the time of Removal or Closure in Place of an UST System, Owners and Operators shall perform Tier 0 soil sampling and analysis in accordance with the requirements specified in DERBCAP.

18.4 Owners and Operators shall submit documents to the Department in accordance with the requirements specified in DERBCAP within 60 Days of the Removal or Closure In Place of an UST System and documentation of Tank cleaning prior to UST System Closure In Place.

18.5 Owners and Operators shall comply with the requirements of Part F of these Regulations until the UST System is Removed or Closed In Place in accordance with the requirements of Part A, Section 18.0 excluding UST Systems identified in Part C

ied in DERBCAP within 60 Days of the Removal or Closure In Place of an UST System and documentation of Tank cleaning prior to UST System Closure In Place.

18.6 When a Release is suspected from a previously Removed, Closed In Place, or abandoned UST System the Owner, Operator, and Responsible Party shall comply with the requirements of Part E of these Regulations and as specified in DERBCAP. If a Release is confirmed the Owner, Operator, and Responsible Party shall Remove or Close In Place the UST System in accordance with all applicable requirements of these Regulations.

27 DE Reg. 533 (01/01/24)

1.0 Installation, Operation and Maintenance Requirements For UST Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance Installed on or After January 11, 2008

1.1 General Requirements for UST Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance

1.1.1 Owners and Operators shall ensure that all UST Systems storing Regulated Substances shall be designed, constructed, installed and operated in accordance with manufacturer's specifications, and accepted engineering practices and procedures; and in a manner which will prevent Releases of Regulated Substances to the ground waters, surface waters or soils of the State due to corrosion, structural failure, manufacturing defects, and spills and overfills for the Operational Life of the UST System.

1.1.2 The material used in the construction and lining of the UST System shall be Compatible with the substances to be stored in the UST System.

1.1.3 Components of the UST System shall be approved by Underwriters Laboratories or equivalent third party certified

e State due to corrosion, structural failure, manufacturing defects, and spills and overfills for the Operational Life of the UST System.

1.1.2 The material used in the construction and lining of the UST System shall be Compatible with the substances to be stored in the UST System.

1.1.3 Components of the UST System shall be approved by Underwriters Laboratories or equivalent third party certified.

1.1.4 All UST Systems installed on or after January 11, 2008 shall be designed and installed in accordance with the Secondary Containment requirements in accordance with Part B, subsection 1.4.

1.1.5 Bare steel UST Systems or steel UST Systems coated with asphalt are prohibited.

1.1.6 Owners and Operators shall install, operate and maintain all equipment such that manufacturer's warranties are not voided.

1.1.7 Regulated Substance shall not be deposited into an UST System that is not in compliance with the financial responsibility requirements of Part F of these Regulations.

1.1.8 Dispenser hoses shall be a maximum of 18 feet in length unless otherwise approved by the Department. When not in use, hoses shall be reeled, racked, or otherwise protected from damage.

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

1.2 General Installation Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.2.1 Prior to the installation of any UST System a site survey shall be initiated by the Owner and Operator. The pre installation site survey shall be conducted to determine the locations of nearby buildings, underground utilities and sewer lines.

1.2.2 Private and public drinking water wells, rivers, streams, lakes, canals, wetlands, floodplains, State-designated Natural Areas, and other environmentally sensitive locations shall be recorded and incorporated into the design of the UST System Facility

or. The pre installation site survey shall be conducted to determine the locations of nearby buildings, underground utilities and sewer lines.

1.2.3 UST System Owners and Operators shall notify the Department at least 30 Days prior to installation of all UST Systems. Notice shall include a site plan, the scale of which shall be 1 inch equals 10 feet or less, and which shall at a minimum include the following:

1.2.3.1 The information determined from the pre-installation site survey in Part B, subsection 1.2.1; and

1.2.3.2 Size and location of Tanks including Tank dimensions, depth of cover, Empty Tank weight, Tank manufacturer and Tank type; and

1.2.3.3 The UST System installation location, streets, roads, other properties bordering the construction site; and

1.2.3.4 Piping dimensions and layout; and

1.2.3.5 Dimensions and locations of vents; and

1.2.3.6 Type of Regulated Substance to be stored; and

1.2.3.7 Location of dispensers; and

1.2.3.8 Location of overfill device, spill prevention system and monitoring devices including dimensions of spill containment devices and sumps when applicable; and

1.2.3.9 Materials of construction for Tank(s), Piping and associated appurtenances, including manufacturer name, model numbers and any manufacturer’s catalog information requested by the Department; and

1.2.3.10 Location of and access to check valves, antisiphon valves, automatic Line leak detectors, and flexible connectors; and

1.2.3.11 Location of Cathodic Protection components and test stations; and

1.2.3.12 Location of utilities (both above and underground); and

1.2.3.13 Location of electrical service components; and

1.2.3.14 Details and dimensions of anchoring method including hold down pads, cover pads or deadmen and electrical isolation methods associated with

atic Line leak detectors, and flexible connectors; and

1.2.3.11 Location of Cathodic Protection components and test stations; and

1.2.3.12 Location of utilities (both above and underground); and

1.2.3.13 Location of electrical service components; and

1.2.3.14 Details and dimensions of anchoring method including hold down pads, cover pads or deadmen and electrical isolation methods associated with the anchoring system if applicable. Indicate on plan if area is subject to vehicle traffic; and

1.2.3.15 Map with the distance clearly labeled in feet from the UST System to all Domestic and Industrial Wells and surface water bodies within a 150 radius of the UST System.

1.2.4 After January 11, 2008, new UST Systems shall not be installed within a minimum distance of a 150-foot radius from a Public or Industrial Well, unless otherwise approved by the Department. A Retrofit or Upgrade of an UST System shall not be considered a new installation for the purposes of Part B, subsection 1.2.4.

1.2.5 After January 11, 2008, new UST Systems shall not be installed within a minimum distance of a 100-foot radius from a Domestic Well, unless otherwise approved by the Department. A Retrofit or Upgrade of an UST System shall not be considered a new installation for the purposes of Part B, subsection 1.2.5.

1.3 UST System Design Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.3.1 Acceptable designs for UST System construction include:

1.3.1.1 Secondarily Contained Cathodically Protected steel (STi-P3); or

1.3.1.2 Secondarily Contained fiberglass reinforced plastic; or

1.3.1.3 Secondarily Contained steel with non-metallic or coated outer shell.

1.3.2 UST Systems shall be installed in accordance with these Regulations, the manufacturer's specifications, accepted engineering practices and the following industry standards:

1.3.2.1 PEI RP100, Recommended Practices For Installation Of Underground Liquid Storage Systems

ily Contained fiberglass reinforced plastic; or

1.3.1.3 Secondarily Contained steel with non-metallic or coated outer shell.

1.3.2 UST Systems shall be installed in accordance with these Regulations, the manufacturer's specifications, accepted engineering practices and the following industry standards:

1.3.2.1 PEI RP100, Recommended Practices For Installation Of Underground Liquid Storage Systems .

1.3.2.2 NFPA 30, Flammable and Combustible Liquids Code .

1.3.2.3 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages .

1.3.2.4 OSHA, 29 CFR, 1926 Subpart P, Excavations .

1.3.3 All Tanks shall be equipped with a strike plate located beneath all Tank openings.

1.4 Secondary Containment Design Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.4.1 The Department shall require Secondary Containment on UST Systems.

1.4.2 Secondary containment systems shall be designed, constructed and installed to:

1.4.2.1 Contain the Regulated Substance released from the UST System until they are detected and removed; and

1.4.2.2 Prevent the Release of Regulated Substance to the environment at any time during the Operational Life of the UST System; and

1.4.2.3 Be checked for evidence of a Release at least once every 30 Days.

1.4.3 Secondary Containment systems shall include the following:

1.4.3.1 Double-walled Tank; and

1.4.3.2 Double-walled Regulated Substance Piping; and

1.4.3.3 Containment Sumps at the Tank top and under each Dispenser that meet the requirements of Part B, subsection 1.25; and

1.4.3.4 For UST Systems in proximity to a well head protection area, or excellent recharge area boundary as determined by the Department, double-walled vent Piping is required.

1.4.4 All Secondary Containment systems shall be constructed in accordance with acceptable engineering practices, industry standards and shall have Release Detection in accordance with Part B, subsection 1.9

ction 1.25; and

1.4.3.4 For UST Systems in proximity to a well head protection area, or excellent recharge area boundary as determined by the Department, double-walled vent Piping is required.

1.5 Double Walled UST Design Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.5.1 Acceptable UST System designs in Part B, subsection 1.3 shall be fabricated in double walled construction for Tanks and Piping in accordance with accepted engineering practice and industry standards.

1.5.2 A double walled Tank which is designed and manufactured in accordance with the following requirements satisfies the requirements for Secondary Containment in Part B, subsection 1.4:

1.5.2.1 The interstitial space of the double walled Tank can be monitored for Releases; and

1.5.2.2 Outer jackets made of steel shall be coated as prescribed in Part B, subsection 1.6.2; and

1.5.2.3 There are no penetrations of any kind through the jacket to the Tank except top entry manholes and fittings; and

1.5.2.4 The outer jacket shall cover the entire circumference of the Tank; and

1.5.2.5 The jacket shall be able to contain a liquid or be able to contain a vacuum from the time of manufacture completion until the time of installation.

1.5.2.6 All Tanks shall be equipped with a strike plate beneath all Tank openings

any kind through the jacket to the Tank except top entry manholes and fittings; and

1.5.2.4 The outer jacket shall cover the entire circumference of the Tank; and

1.5.2.5 The jacket shall be able to contain a liquid or be able to contain a vacuum from the time of manufacture completion until the time of installation.

1.5.2.6 All Tanks shall be equipped with a strike plate beneath all Tank openings.

1.6 Cathodically Protected Steel UST Design Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.6.1 Cathodically Protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE SP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the applicable industry standards, including the following:

1.6.1.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.

1.6.1.2 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.

1.6.1.3 STI-P3, Specification for sti-P3® System for External Corrosion Protection of Underground Steel Storage Tanks.

1.6.1.4 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks .

1.6.1.5 STI R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs.

1.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE SP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection .

1.6.3 Field-installed Cathodic Protection systems shall be designed, constructed, installed and tested in accordance with manufacturer's specifications, accepted engineering practice and the requirements listed in this Section.

1.6.4 Each Cathodic Protection system shall include sufficient monitoring stations to enable Owners and Operators to check on the adequacy of the Cathodic Protection system

1.6.4 Each Cathodic Protection system shall include sufficient monitoring stations to enable Owners and Operators to check on the adequacy of the Cathodic Protection system.

1.6.5 UST Systems that are protected by Sacrificial Anodes shall be electrically insulated from the Piping system with dielectric fittings, bushings, washers, sleeves or gaskets which are chemically stable when exposed to Regulated Substances, additives, corrosive soils or groundwater.

1.7 Fiberglass Reinforced Plastic UST Design Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.7.1 Fiberglass reinforced plastic UST Systems shall be designed, constructed, installed and tested in accordance with the following industry standard:

1.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol-Gasoline Mixtures.

1.7.2 Fiberglass reinforced plastic UST Systems shall be of sufficient structural strength to withstand normal handling and underground use and shall be Compatible with the Regulated Substance and additives stored, corrosive soils and groundwater. UST System construction materials shall be of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften or separate under normal service conditions.

1.7.3 Fiberglass reinforced plastic Tanks shall be tested for deflection in accordance with the manufacturer's requirements at the time of installation

additives stored, corrosive soils and groundwater. UST System construction materials shall be of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften or separate under normal service conditions.

1.7.3 Fiberglass reinforced plastic Tanks shall be tested for deflection in accordance with the manufacturer's requirements at the time of installation.

1.8 Steel with Non-Metallic or Coated Outer Shell UST Design Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.8.1 Steel with non-metallic or coated outer shell UST Systems shall be designed, constructed, installed and tested in accordance with the following industry standards, as applicable:

1.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.

1.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.

1.8.1.3 STI F-922, Specification for Permatank®.

1.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.

1.8.1.5 STI F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.

1.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.

1.8.2 The coating shall not corrode under adverse underground electrolytic conditions and shall be Compatible with the Regulated Substance and additives stored.

1.8.3 The coating shall be factory inspected for air pockets, cracks, blisters, pinholes and electrically tested by a 10,000 volts holiday test performed over 100% of the surface for coating short circuits or coating faults or in accordance with the manufacturer's specifications.

1.8.4 Any defects shall be Repaired in accordance with standard engineering practice and the manufacturer's requirements

.8.3 The coating shall be factory inspected for air pockets, cracks, blisters, pinholes and electrically tested by a 10,000 volts holiday test performed over 100% of the surface for coating short circuits or coating faults or in accordance with the manufacturer's specifications.

1.8.4 Any defects shall be Repaired in accordance with standard engineering practice and the manufacturer's requirements.

1.9 Release Detection Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

1.9.1 General Requirements

1.9.1.1 Owners and Operators of UST Systems shall provide a method, or combination of methods of Release Detection on all UST Systems that meets the following requirements:

1.9.1.1.1 Utilizes a method or methods capable of detecting a Release from any portion of the Tank and the connected underground Piping that routinely contain Regulated Substance at a minimum of once every 30 Days; and

1.9.1.1.2 Is installed, calibrated, operated, and maintained in accordance with the manufacturer's specifications, including routine Maintenance and service checks for operability or running condition; and

1.9.1.1.3 Meets the performance standards for Release Detection in this Section, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. The method shall be capable of detecting the leak rate or quantity specified for Precision Testing, automatic tank gauging, Line leak detectors, and Line tightness testing methods specified in these Regulations with a probability of detection of at least 0.95 and a probability of false alarm no greater than 0.05; and

1.9.1.1.4 Is operational prior to Regulated Substance being placed in the UST System.

1.9.1.1.5 Statistical Inventory Reconciliation (SIR) methods are not approved for Tank Release Detection

tank gauging, Line leak detectors, and Line tightness testing methods specified in these Regulations with a probability of detection of at least 0.95 and a probability of false alarm no greater than 0.05; and

1.9.1.1.4 Is operational prior to Regulated Substance being placed in the UST System.

1.9.1.1.5 Statistical Inventory Reconciliation (SIR) methods are not approved for Tank Release Detection.

1.9.1.2 Owners and Operators shall implement the indicated Release investigation procedures in Part E of these Regulations if the Release Detection equipment or method shows indication of a Release.

1.9.1.3 Failure by Owners and Operators to maintain records of required Release Detection monitori

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