# 7 Del. Admin. Code § 1352: 7 DE Admin. Code 1352. Aboveground Storage Tanks > Delaware · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_1352 ## Section - **Citation:** 7 Del. Admin. Code § 1352 - **Heading:** 7 DE Admin. Code 1352. Aboveground Storage Tanks - **Jurisdiction:** Delaware - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** 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 1352 ## Text Septic tank; Pipeline facility (including gathering lines) regulated under: The Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.], or The Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline ; or Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations . Surface impoundment, pit, pond, or lagoon; Liquid trap or associated gathering lines directly related to oil or gas production or gathering operations; Flow Through Process Tank that contains a regulated substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not include: 1) a tank that is used for the storage of material before its introduction into a production process; 2) a tank that is used for storage of products or by-products from the production process; 3) a tank that is used only to recirculate material; or 4) a tank that stores fuels for combustion subsequently used to provide heat for a process; Transformers, regulators and breakers used for the sole purpose of electrical power distribution and transmission; Containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60 , Environmental Controls , §6002 and regulated pursuant to Title 7 Del.C. Ch. 60 , Environmental Controls , §6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act ibution and transmission; Containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60 , Environmental Controls , §6002 and regulated pursuant to Title 7 Del.C. Ch. 60 , Environmental Controls , §6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act. An AST that has met the requirements of permanent closure in accordance with these Regulations. A 10-K report submitted to the SEC; or An annual report of tangible net worth submitted to a recognized rating service such as Dun & Bradstreet; or Annual reports submitted to the Energy Information Administration or the Rural Electrification Administration; or Audited financial report; or Annual reports submitted to the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or the Federal Deposit Insurance Corporation. Possesses a controlling interest in the Owner or Operator; or Possesses a controlling interest in a firm that has a controlling interest in the Owner or Operator; or Is an affiliate which is controlled through stock ownership by a common parent firm that possesses a controlling interest in the Owner or Operator; or Is engaged in a substantial business relationship with the Owner or Operator and is issuing the guarantee as an act incident to that business relationship. Is being actively maintained or operated; or Contains a regulated substance or has a regulated substance regularly added to or withdrawn from the AST; or Is emptied solely for the purpose of cleaning, routine maintenance, or a change in product, for a time period not to exceed 180 days. The EPA or the Department to require investigations and/or Corrective Action or to recover the costs of investigations and/or Corrective Action; or Or on behalf of a third party for Bodily Injury or property damage caused by an Accidental Release; or Any person to enforce the terms of a financial responsibility mechanism aintenance, or a change in product, for a time period not to exceed 180 days. The EPA or the Department to require investigations and/or Corrective Action or to recover the costs of investigations and/or Corrective Action; or Or on behalf of a third party for Bodily Injury or property damage caused by an Accidental Release; or Any person to enforce the terms of a financial responsibility mechanism. Counties, municipalities, townships, separately chartered and operated special districts (including Local Government public transit systems and redevelopment authorities), and independent school districts authorized as governmental bodies by State charter or constitution; and Special districts and independent school districts established by counties, municipalities, townships, and other general purpose governments to provide essential services. The installation of any shell penetration beneath the design liquid level larger than 12 inches National Pipe Standard, or any bottom penetration located within 12 in. of the shell. The removal and replacement or addition of any shell plate beneath the design liquid level, or any annular plate ring material where the longest dimension of the replacement plate exceeds 12 in. The complete or partial (more than one-half of the weld thickness) removal and replacement of more than 12 in. of vertical weld joining shell plates, or radial weld joining the annular plate ring. The installation of a new bottom. This does not include new bottoms in ASTs where the foundation under the new bottom is not disturbed and either condition (1) or (2) are met: (1) For ASTs with annular rings, the annular ring remains intact. -half of the weld thickness) removal and replacement of more than 12 in. of vertical weld joining shell plates, or radial weld joining the annular plate ring. The installation of a new bottom. This does not include new bottoms in ASTs where the foundation under the new bottom is not disturbed and either condition (1) or (2) are met: (1) For ASTs with annular rings, the annular ring remains intact. (2) For ASTs without annular rings, the repair does not result in welding on the existing bottom within the critical zone. The removal and replacement of any part of the weld attaching the shell to the bottom or to the annular ring. Jacking of a tank shell. Motor gasoline; Aviation gasoline; No. 1 or No. 2 diesel fuel, and Any grade of gasohol. “ Free NAPL ” means NAPL that is hydraulically connected in the pore space and has the potential to be mobile in the environment. “ NAPL Body ” means the 3-dimensional form and distribution of NAPL in the subsurface existing in any phase. “ NAPL Conceptual Site Model (NCSM) ” means a model describing the physical properties, chemical composition, occurrence, and geologic setting of the NAPL body from which estimates of flux, risk and potential remedial action can be generated. The NCSM may be a dynamic, living model that changes through time as a function of natural attenuation or engineered remedial action processes, or additional site knowledge. “ Mobile NAPL ” means free NAPL that is moving laterally or vertically in the environment under prevailing hydraulic conditions. The result of the NAPL movement is a net mass flux from one point to another. Not all free NAPL is mobile, but all mobile NAPL must be free NAPL. “ Residual NAPL ” means NAPL that is hydraulically discontinuous and immobile under prevailing conditions. Residual NAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The residual NAPL saturation is a function of the initial or maximum NAPL saturation and the porous medium ree NAPL is mobile, but all mobile NAPL must be free NAPL. “ Residual NAPL ” means NAPL that is hydraulically discontinuous and immobile under prevailing conditions. Residual NAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The residual NAPL saturation is a function of the initial or maximum NAPL saturation and the porous medium. A tank for which the last person to operate the tank cannot be identified; or A tank on property as to which the property Owner can establish that the Owner did not obtain and could not have obtained, through the exercise of reasonable and due diligence, knowledge of the existence of the tank prior to purchase of the property. Designated as Out of Service by the Owner and Operator or An empty tank except when the AST is emptied solely for the purpose of cleaning, routine maintenance or a change in product for a time period not to exceed 180 days. A person who has or has had a legal interest in a Facility or AST; or A person who has or has had an equitable interest in a Facility or AST; and Owner does not mean any person who, without participating in the management of a Facility or Aboveground Storage Tank, holds indicia of ownership in a Facility or Aboveground Storage Tank primarily to protect the person’s security interest or is a fiduciary which has a legal title to or manages any property for purposes of administering an estate or trust of which such property is part. In the case of foreclosure the person shall not be deemed the owner of the Aboveground Storage Tank provided that the person provides notification to the Department within 30 days of the initiation of foreclosure proceedings for any property containing an Aboveground Storage Tank, either In Service or Out of Service utilizing a form provided by the Department. Contains 1% or more of a hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42U.S.C at the person provides notification to the Department within 30 days of the initiation of foreclosure proceedings for any property containing an Aboveground Storage Tank, either In Service or Out of Service utilizing a form provided by the Department. Contains 1% or more of a hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42U.S.C. §9601(14)] and any amendments thereto; or Contains 0.1% or more of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated; or Is a petroleum product, or contains 1% or more of a petroleum product, or was originally derived from a petroleum or petroleum containing product, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); or Contains heating fuel as defined in this Part; or Is a substance determined by the Secretary through regulation to present a risk to public health or welfare or the environment if released into the environment. Dikes, berms or retaining walls; Curbing; Diversion ponds, holding tanks, sumps; Vaults; Double-walled tanks; Liners external to the tanks; Other means as approved by the Department. Is physically underground and cannot be visually inspected; and Conveys or transports a regulated substance stored in the AST; and Is located between the AST and the first vessel, tank, or other piece of equipment (other than piping components such as pumps, valves and the Dispensing System) that does not meet the definition of an AST ternal to the tanks; Other means as approved by the Department. Is physically underground and cannot be visually inspected; and Conveys or transports a regulated substance stored in the AST; and Is located between the AST and the first vessel, tank, or other piece of equipment (other than piping components such as pumps, valves and the Dispensing System) that does not meet the definition of an AST. Tank Size | Substance Stored | Construction Fee Greater than or equal to 12,499 gallons and less than 40,000 gallons | Regulated substance other than diesel, heating fuel or kerosene | $1,500.00 Greater than or equal to 40,000 gallons | All regulated substance | $3,750.00 Greater than or equal to 12,499 gallons and less than 40,000 gallons | Ag/Farm ASTs | $1,500.00 *Does not apply if approved Best Management Practice is on file with the Department Greater than or equal to 40,000 gallons | Ag/Farm ASTs | $3,750.00 1.0 General Provisions 1.1 Statement of Authority and Purpose 1.1.1 These Regulations are enacted in accordance with Title 7 Del.C. Ch. 60 , Environmental Control , and Title 7 Del.C. Ch. 74A , The Jeffrey Davis Aboveground Storage Tank Act . 1.1.2 The Delaware Department of Natural Resources and Environmental Control is responsible for protecting, preserving, and enhancing the environmental quality of water, air and land of the State. In addition, the General Assembly of the State of Delaware has found "that it is therefore necessary to provide for more stringent control of the installation, operation, retrofitting, maintenance, repair, abandonment, and/or removal of aboveground storage tanks to prevent releases and where releases occur, to detect and remediate them at the earliest possible stage, thus minimizing further degradation of soil, air, surface water, and groundwater and promoting public safety." The Regulations Governing Aboveground Storage Tanks are intended to address existing and potential sources of pollution that may result from ASTs removal of aboveground storage tanks to prevent releases and where releases occur, to detect and remediate them at the earliest possible stage, thus minimizing further degradation of soil, air, surface water, and groundwater and promoting public safety." The Regulations Governing Aboveground Storage Tanks are intended to address existing and potential sources of pollution that may result from ASTs. To ensure the prevention and early detection of a release of a regulated substance should one occur, new ASTs are required to meet acceptable design and installation criteria and existing ASTs are required to retrofit by a schedule set forth to comparable standards. AST design criteria promulgated under these Regulations will minimize the risk of regulated substances impacting the environment. Release confirmation and remediation standards are set forth to require the clean-up of any release that does occur. 1.2 Applicability 1.2.1 The requirements of these Regulations shall apply to all Owners and Operators of an AST as defined in these Regulations unless specifically exempted in these Regulations. 1.2.2 The following ASTs shall only be subject to the requirements of Part A, Section 1.0; Part A, Section 2.0; Part A Section 6.0; and Part A Section 8.0; and Part E of these Regulations: 1.2.2.1 ASTs of 1,100 gallons or less in capacity, located on a farm, and used solely to facilitate the production of crops, livestock, or livestock products on the farm; 1.2.2.2 ASTs used solely to store propane gas; 1.2.2.3 ASTs of 1,100 gallons or less in capacity used solely to store heating fuel for consumptive use on the premises where stored; 1.2.2.4 ASTs of 1,100 gallons or less in capacity used solely to store motor fuel or motor oil for Noncommercial purposes; 1.2.2.5 ASTs installed on a temporary basis, not to exceed six months; 1.2.2.6 ASTs regulated pursuant to Title 7 Del.C. Ch. 74B , Boiler Safety Program . 1.2.2.7 ASTs and associated equipment regulated as a part of a process regulated pursuant to Title 7 Del.C. Ch ere stored; 1.2.2.4 ASTs of 1,100 gallons or less in capacity used solely to store motor fuel or motor oil for Noncommercial purposes; 1.2.2.5 ASTs installed on a temporary basis, not to exceed six months; 1.2.2.6 ASTs regulated pursuant to Title 7 Del.C. Ch. 74B , Boiler Safety Program . 1.2.2.7 ASTs and associated equipment regulated as a part of a process regulated pursuant to Title 7 Del.C. Ch. 77, Extremely Hazardous Substances Risk Management Act . 1.2.3 The following ASTs shall only be subject to the requirements of Part A, subsection 1.3; PART A, subsection 1.4; PART A, subsection 1.5; PART A, subsection 1.6; Part A, subsection 2.0; Part A, subsection 4.1.1; PART A subsection 4.1.3, PART A, subsection 4.1.4; PART A, subsection 4.1.5; PART A, subsection 4.1.6; PART A, subsection 4.1.7; PART A, subsection 4.1.8, PART A subsection 4.1.9, Part A, subsection 4.2; Part A, subsection 4.3; Part A, subsection 4.4; Part A, Section 6.0; Part A, Section 8.0; Part A, Section 9.0; and Part E of these Regulations: 1.2.3.1 ASTs used to store regulated substance other than diesel, kerosene or heating fuel with a capacity greater than 250 gallons and less than 12,499 gallons. 1.2.3.2 ASTs used solely to store diesel, kerosene or heating fuel with a capacity greater than 250 gallons and less than 40,000 gallons. 1.2.4 ASTs regulated pursuant to 7 Del.C. Ch. 63 and the Delaware Regulations Governing Hazardous Waste shall be exempted from Part E of these Regulations. 1.2.5 The following types of aboveground storage tanks shall not be subject to these Regulations: 1.2.5.1 Septic tank; 1.2.5.2 Pipeline facility (including gathering lines) regulated under: 1.2.5.2.1 The Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.]; or 1.2.5.2.2 The Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or 1.2.5.2.3 Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline ; or 1.2.5.2.4 Pipelines regulated pursuant to 46 U.S.C gathering lines) regulated under: 1.2.5.2.1 The Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.]; or 1.2.5.2.2 The Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or 1.2.5.2.3 Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline ; or 1.2.5.2.4 Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations . 1.2.5.3 Surface impoundment, pit, pond, or lagoon; 1.2.5.4 Liquid trap or associated gathering lines directly related to oil or gas production or gathering operations; 1.2.5.5 Flow Through Process Tank that contains a regulated substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tanks does not include: 1.2.5.5.1 A tank that is used for the storage of material before its introduction into a production process; or 1.2.5.5.2 A tank that is used for storage of products or by-products from the production process; or 1.2.5.5.3 A tank that is used only to recirculate materials; or 1.2.5.5.4 A tank that stores fuel for combustion subsequently used to provide heat for a process. 1.2.5.6 Transformers, regulators and breakers used for the sole purpose of electrical power distribution and transmission; 1.2.5.7 Containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60 , Environmental Controls , §6002 and regulated pursuant to Title 7 Del.C. Ch tores fuel for combustion subsequently used to provide heat for a process. 1.2.5.6 Transformers, regulators and breakers used for the sole purpose of electrical power distribution and transmission; 1.2.5.7 Containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60 , Environmental Controls , §6002 and regulated pursuant to Title 7 Del.C. Ch. 60 , Environmental Controls , §6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act . 1.2.6 Agricultural/Farm ASTs, shall only be subject to the requirements of Part A and Part E of these Regulations, provided that the Owner or Operator shall comply with a written best management practice for the Agricultural/Farm AST, that has been submitted in writing and has received written approval from the Department. The approved plan must be updated and re-submitted for approval if there are changes to conditions described in the plan. Failure to comply with the best management practice shall constitute a violation of this subsection subject to all appropriate enforcement sanctions including daily penalties. 1.3 Enforcement. Any person who violates these Regulations shall be subject to all appropriate legal sanctions including the provisions set forth in Title 7 Del.C. Ch. 74A , The Jeffrey Davis Aboveground Storage Tank Act , §7410A. 1.4 Severability. If any provisions of these Regulations are adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby. 1.5 Right of Appeals 1.5.1 Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with Title 7 Del.C. Ch. 60 , Environmental Controls , §6008 f these Regulations are adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby. 1.5 Right of Appeals 1.5.1 Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with Title 7 Del.C. Ch. 60 , Environmental Controls , §6008. 1.5.2 Any person or party to an appeal before the Environmental Appeals Board who is substantially affected by a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with Title 7 Del.C. Ch. 60 , Environmental Controls , §6009. 1.6 Joint and Several Liability. 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. 8 DE Reg. 1167 (02/01/05) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 2.0 Definitions The following words, terms and phrases have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: " Aboveground Storage Tank " or " AST " means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained a single regulated substance on or after January 1, 1992. The term includes all ancillary aboveground pipes and dispensing systems up to the first permanently installed point of isolation and all ancillary underground pipes and dispensing systems. Within this definition, the word "vessel" includes any container that can be partially visually inspected, from the exterior, in an underground area ned a single regulated substance on or after January 1, 1992. The term includes all ancillary aboveground pipes and dispensing systems up to the first permanently installed point of isolation and all ancillary underground pipes and dispensing systems. Within this definition, the word "vessel" includes any container that can be partially visually inspected, from the exterior, in an underground area. The term AST does not include any of the following: " Accidental Release " as it relates to financial responsibility requirements of Part D, means any sudden or nonsudden release of a regulated substance from an AST that is deemed at the Department's discretion to represent an unacceptable risk to human health, safety or the environment based on accepted principles of risk assessment. " Agricultural/Farm AST " means an AST less than 40,000 gallons containing a regulated substance, the contents of which are applied to the soil, crops, or livestock or ingested by livestock and used solely to directly facilitate the production of crops, livestock, livestock products or golf course turf. Crops include fish hatcheries, rangeland, cropland and nurseries including turf grass growing operations. Agricultural/Farm ASTs do not include ASTs used to store substances used in a manufacturing process. A manufacturing process does not include Agricultural/Farm ASTs used to store and blend regulated substances for retail sales. " Ancillary Piping " means all piping, including valves, elbows, joints, flanges, and flexible connectors, attached to an AST through which regulated substance may flow. " Annual Aggregate " means the total amount of financial responsibility available to cover all obligations that might occur in one year. " API" means American Petroleum Institute. " ASTM " means American Society for Testing and Materials lary Piping " means all piping, including valves, elbows, joints, flanges, and flexible connectors, attached to an AST through which regulated substance may flow. " Annual Aggregate " means the total amount of financial responsibility available to cover all obligations that might occur in one year. " API" means American Petroleum Institute. " ASTM " means American Society for Testing and Materials. " Best Management Practices " means site specific systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment. " Blanketing " means the technique of maintaining the Ullage volume in a regulated AST below the Limiting Oxidant Concentration (LOC) by the use of an inert gas. " Bodily Injury " shall have the meaning given to this term by State law; however this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury; " Bulk Storage " as it is used in Part B, Section 12.0 of these Regulations, means an AST which is used to store a Flammable Regulated Substance and has the Flammable Regulated Substance added to or withdrawn from the AST by a vessel, tanker truck, rail car or pipeline. " Cathodic Protection System " means a method to prevent corrosion to metal objects by forcing protective current from an external source onto the structure to be protected to counter or overcome any corrosion activity on its surface. " CERCLA " means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 USC, § 9601(14)] and any amendments thereto. " Certified API 570 Inspector " means an individual who is certified by the American Petroleum Institute under the terms of the API 570 certification program to perform piping inspections ed to counter or overcome any corrosion activity on its surface. " CERCLA " means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 USC, § 9601(14)] and any amendments thereto. " Certified API 570 Inspector " means an individual who is certified by the American Petroleum Institute under the terms of the API 570 certification program to perform piping inspections. " Certified API 653 Inspector " means an individual who is certified by the American Petroleum Institute under the terms of the API 653 certification program to perform AST inspections. " Certified STI-SP001 Inspector " means an individual who is certified by the Steel Tank Institute (STI) under the terms of the STI certification program to perform shop-fabricated AST inspections. " Change In Service " means any change to a registered AST to include but not be limited to removal, permanent change in contents, relocation, permanent closure in place, change in status from either In Service Tank or Out of Service Tank, conversion to storage of other than regulated substances or conversion to a use other than as an AST, or when the AST is emptied. " 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. " Combustible " means capable of undergoing combustion. " Combustion " means the chemical process of oxidation that occurs at a fast enough rate to produce heat and usually light in the form of either a glow or flame. “ Compartmentalized AST ” means a single walled compartmentalized AST bearing one Underwriter’s Laboratory (UL) label or a double walled compartmentalized AST sharing the same interstice. A compartmentalized AST is a single tank for the purposes of compliance with all applicable requirements of these Regulations. The total capacity of a compartmentalized AST is the sum of all the compartment volumes Compartmentalized AST ” means a single walled compartmentalized AST bearing one Underwriter’s Laboratory (UL) label or a double walled compartmentalized AST sharing the same interstice. A compartmentalized AST is a single tank for the purposes of compliance with all applicable requirements of these Regulations. The total capacity of a compartmentalized AST is the sum of all the compartment volumes. " Compatible " means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of an AST under conditions likely to be encountered at an AST facility. " Consumptive Use " with respect to heating fuel means consumed on the premises where stored and is used solely for the operation of equipment used for the generation of heat and is connected directly or via a day tank to the heat generating equipment. " Continuous Leak Detection " means the uninterrupted measurement of the contents or other characteristics or parameters of an AST which immediately notifies the Operator of the failure of an AST to contain a regulated substance. " Controlling Interest " means direct ownership of at least 50 percent of the voting stock of another entity; “ 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, or an action is required, and the day falls on the weekend or a holiday, the document may be submitted, or the action started, on the first working day after the weekend or holiday. " Deflagration " means the propagation of a combustion zone at a velocity which is less than the speed of sound in the unreacted medium ay ” means a calendar day; however, when used to determine when a document is due, or an action is required, and the day falls on the weekend or a holiday, the document may be submitted, or the action started, on the first working day after the weekend or holiday. " Deflagration " means the propagation of a combustion zone at a velocity which is less than the speed of sound in the unreacted medium. " Deflagration Pressure Containment " means the technique of specifying the design pressure of a regulated AST and its appurtenances so they are capable of withstanding the maximum pressures resulting from an internal deflagration. " Deflagration Suppression " means the technique of detecting and arresting combustion in the Ullage volume of a regulated AST while the combustion is still in its incipient stage, thus preventing the development of pressures that could result in a rupture of the AST. " Department " means the Delaware Department of Natural Resources and Environmental Control. " DERBCAP " means Delaware Risk Based Corrective Action Protocol. " Dispensing " as it is used in Part B, Section 12.0 of these Regulations, means an AST which stores a Flammable Regulated Substance, which is transferred directly from the AST into a portable container, or into the fuel tank of a motor, a motor vehicle, or a boat to be used as a motor fuel. " Dispensing System " means any devise including, hoses (rigid or flexible), piping, fittings, fixtures, gauges, alarms, rupture disks, pressure release valves, flanges, or valves and pumps that are used to distribute, meter, or control the flow of regulated substance to and from an AST. “ Domestic Well ” means a well that may serve no more than three dwellings and is used for potable nonpublic water supply purposes and may be used for non-potable household purposes. “ Effective Date ” means the most recent date of promulgation of these Regulations alves, flanges, or valves and pumps that are used to distribute, meter, or control the flow of regulated substance to and from an AST. “ Domestic Well ” means a well that may serve no more than three dwellings and is used for potable nonpublic water supply purposes and may be used for non-potable household purposes. “ Effective Date ” means the most recent date of promulgation of these Regulations. " Electrically Isolated " means the electrical separation of the AST from the piping, and from other metallic structures and the environment by means of a nonconductive fitting or bushing. “ Empty ” or “ Emptying ” means to thoroughly clean the interior of the AST and all ancillary piping of all residual regulated substances including all sludge, solids, liquids, vapors, and gases. " EPA " means the United States Environmental Protection Agency. " Existing AST " means an AST for which substantial physical installation began prior to June 11, 2004. The term substantial physical installation includes, but is not limited to, a permit or contract for the installation. “ External Liner ” means a layer or membrane constructed of a material compatible with the contents of the AST and is installed inside an existing secondary containment structure to provide additional assurance of impermeability. " Facility " means any location or part thereof containing or having contained one or more ASTs. " Fiduciary " means: a. A person acting for the benefit of another party as a bona fide: 1. Trustee; 2. Executor; 3. Administrator; 4. Custodian; 5. Guardian of estates or guardian ad litem; 6. Receiver; 7. Conservator; 8. Committee of estates of incapacitated persons; 9. Personal representative; 10. Trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or 11 tes of incapacitated persons; 9. Personal representative; 10. Trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or 11. Representative in any other capacity that the Secretary, after providing public notice, determines to be similar to the capacities described in paragraphs (5)a.1. through 10. of this section above; and b. "Fiduciary" does not mean: 1. A person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, one or more estate plans or because of the incapacity of a natural person; or 2. A person that acquires ownership or control of a Facility with the objective purpose of avoiding liability of the person or of any other person. " Field-Constructed " means an AST which is constructed by assembling on-site at a Facility. " 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: " Fixed Roof " means an AST which has an immovable roof or cover used as the sole means to either contain the vapors from a regulated substance stored within the AST or prevent unwanted contaminants from entering the AST. " Flammable " means a regulated substance which meets the definition of an NFPA 30 Flammable Liquid. " Floating Roof " means an AST which has a movable roof or cover which floats or rides upon the surface of a regulated substance to contain vapors from a regulated substance stored within the AST or prevent unwanted contaminants from entering the AST ent unwanted contaminants from entering the AST. " Flammable " means a regulated substance which meets the definition of an NFPA 30 Flammable Liquid. " Floating Roof " means an AST which has a movable roof or cover which floats or rides upon the surface of a regulated substance to contain vapors from a regulated substance stored within the AST or prevent unwanted contaminants from entering the AST. " Flow Through Process Tank " means a tank that contains a regulated substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not include: 1) a tank that is used for the storage of material before its introduction into a production process; or 2) a tank that is used for storage of products or by-products from the production process; or 3) a tank that is used only to recirculate materials; or 4) a tank that stores fuel for combustion subsequently used to provide heat for a process. " Foreclosure "; " foreclose " mean, respectively: a. Acquiring, and to acquire, a facility through: 1. Purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure sale; 2. A deed in lieu of foreclosure, or similar conveyance from a trustee; or 3. Repossession. b. If the Facility was security for an extension of credit previously contracted: 1. Conveyance pursuant to an extension of credit previously contracted, including the termination of a lease agreement; or 2. Any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a Facility in order to protect the security interest of the person sion. b. If the Facility was security for an extension of credit previously contracted: 1. Conveyance pursuant to an extension of credit previously contracted, including the termination of a lease agreement; or 2. Any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a Facility in order to protect the security interest of the person. " Guarantor " means a business entity that: " Heating Fuel " also known as heating oil, means a type of fuel oil that is one of seven technical grades and is used for heating purposes. These grades are: No. 1, No. 2, No 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 residual and other fuels used as substitutes for one of these fuels such as kerosene and diesel when used for heating purposes. It contains one percent (1%) or more of a petroleum product, or was originally derived from a petroleum product or petroleum containing product. " HIG " means Hydrogeologic Investigation Guidance. " Imminent threat of a release " means the potential for a Release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare which may result from such a release. " Impervious " means a material of sufficient thickness, density and composition that is impenetrable, or has a permeability of less than 1 X 10 7 cm/sec. to the regulated substance, and that will prevent the discharge to the lands, ground waters, or surface waters of the State of any regulated substance for a period of at least as long as the maximum anticipated time during which the regulated substance will be in contact with the material. " Impressed Current Cathodic Protection System " means direct current supplied to a Cathodic Protection System. “ Indicated Release ” means there are signs that an AST, or the secondary containment system are failing or could potentially fail to contain a regulated substance at least as long as the maximum anticipated time during which the regulated substance will be in contact with the material. " Impressed Current Cathodic Protection System " means direct current supplied to a Cathodic Protection System. “ Indicated Release ” means there are signs that an AST, or the secondary containment system are failing or could potentially fail to contain a regulated substance. Indicated releases are releases that are not observable and are not directly attributable to another source. “ Industrial Well ” means a non-potable well that is used in the processing, washing, packing, or manufacturing of a product excluding food and beverages. " Inert Gas " means a gas which is nonreactive with the contents of an AST. Inert gases may include but shall not be limited to nitrogen, carbon dioxide, helium, argon, xenon and krypton. An inert gas may consist of a mixture of different inert gases. " Inerting " means the technique by which a combustible mixture in the Ullage volume of an AST is rendered non-ignitable by the addition of an inert gas which reduces the oxidant concentration below the Limiting Oxidant Concentration (LOC). " In Service " means an AST that: " Leak " means the failure of an AST to contain a regulated substance. " Leak Detection " means electronic, manual or mechanical measurement of the contents or other characteristics or parameters of an AST which notifies the Operator of the failure of an AST to contain a regulated substance. " Legal Defense Cost " means any expense that an Owner or Operator or provider of financial responsibility incurs in defending against claims or actions brought by: " Lender " means: a. An insured depository institution (as defined in the Federal Deposit Insurance Act at 12 U.S.C. §?1813(c)(2)) or an insured credit union (as defined in the Federal Credit Union Act at 12 U.S.C. §?1752(7)) authorized by law to do business in this State; b. A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C defending against claims or actions brought by: " Lender " means: a. An insured depository institution (as defined in the Federal Deposit Insurance Act at 12 U.S.C. §?1813(c)(2)) or an insured credit union (as defined in the Federal Credit Union Act at 12 U.S.C. §?1752(7)) authorized by law to do business in this State; b. A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. §?2001 et seq., as amended) authorized by law to do business in this State; c. A leasing or trust company that is an affiliate of an insured depository institution authorized to do business in this State; d. Any person (including a successor or assignee of any such person) that makes a bona fide extension of credit to or takes or acquires a security interest from a nonaffiliated person; e. Any legal entity authorized to buy or sell loans or interests in loans in a bona fide manner in this State; f. A person that insures or guarantees against a default in the repayment of an extension of credit, or acts as a surety with respect to an extension of credit, to a nonaffiliated person; and g. A person that provides title insurance and that acquires a facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement. " Limiting Oxidant Concentration " (LOC) means the concentration of an oxidant below which a deflagration cannot occur. " Local Government " shall have the meaning given this term by applicable State law and includes Indian tribes. The term is generally intended to include: " Major Repair or Major Alteration " means operations that require cutting, addition, removal and/or replacement of the annular plate ring, the shell to bottom weld, or a sizable portion of the shell of an AST. These include but are not limited to the following: " Monitor Well " means a well installed in accordance with the Delaware's Regulations Governing the Construction and Use of Wells that will be used for the monitoring of ground water quality that require cutting, addition, removal and/or replacement of the annular plate ring, the shell to bottom weld, or a sizable portion of the shell of an AST. These include but are not limited to the following: " Monitor Well " means a well installed in accordance with the Delaware's Regulations Governing the Construction and Use of Wells that will be used for the monitoring of ground water quality. " Motor Fuel " means petroleum or a petroleum-based substance which is typically used in the operation of a motor vehicle, small engine, or aircraft engine, including: “ Motor 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. This includes any hydraulic, transmission, gear or braking lubricating or operational fluid that through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. " NACE " means National Association of Corrosion Engineers. “ NAPL ” means a Non-Aqueous Phase Liquid composed of one or more organic compounds that are immiscible or sparingly soluble in water. The term encompasses all potential occurrences of NAPL including free, mobile, and residual. " New AST " means a tank for which substantial physical installation began on or after June 11, 2004. The term substantial physical installation includes, but is not limited to, a permit or contract for the installation. " NFPA " means National Fire Protection Association, Inc. " Noncommercial " means a business or organization whose activities do not result in monetary gain, including educational institutions, non-profit organizations under the terms of the Internal Revenue Service code definition in section 501(c), State, Federal and Local governmental entities and religious organizations t for the installation. " NFPA " means National Fire Protection Association, Inc. " Noncommercial " means a business or organization whose activities do not result in monetary gain, including educational institutions, non-profit organizations under the terms of the Internal Revenue Service code definition in section 501(c), State, Federal and Local governmental entities and religious organizations. " Non-Ignitable " means a gas or vapor in the presence of an oxidant in which combustion cannot be initiated by the introduction of an ignition source such as a flame, spark, or heat. " Occurrence " as it relates to financial responsibility, means an accident, including continuous or repeated exposure to conditions, which results in a release from an AST. This definition is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence". " Operator " means a person operating a facility or who has operated a facility, including, by lease, contract or other form of authorization agreement. Operator includes any Person who has any of the responsibility for the care, custody, and control of the daily operation of an AST. " Orphan Tank " means: " Out of Service " means an AST that is: " Owner " means: " Oxidant " means any material that can react with a regulated substance to support combustion in the Ullage of an AST. Oxygen in air is the most common oxidant. “ Participation in Management ” means actually participating in the management or operational affairs of an Aboveground Storage Tank or Facility and does not include merely having the capacity to influence, or the unexercised right to control, an Aboveground Storage Tank or Facility operations. " PEI " means Petroleum Equipment Institute Ullage of an AST. Oxygen in air is the most common oxidant. “ Participation in Management ” means actually participating in the management or operational affairs of an Aboveground Storage Tank or Facility and does not include merely having the capacity to influence, or the unexercised right to control, an Aboveground Storage Tank or Facility operations. " PEI " means Petroleum Equipment Institute. " Permanent Change in Contents " means the replacement of one substance stored in an AST and ancillary piping for another substance that would effect a change in the AST and ancillary piping’s regulated status based on capacity and substance stored. " Permanent Closure in Place " or " Permanently Closed in Place " or " Permanently Closing in Place " or " Permanently Closed " means leaving an AST and ancillary piping in its installed location, removing the regulated substance from the AST and ancillary piping, thoroughly cleaning the interior of the AST and the interior of the ancillary piping, disconnecting the ancillary piping from the AST, securing the AST and the ancillary piping to prevent unauthorized access, and discontinuing active use of the AST and ancillary piping with the intent of not introducing a regulated substance into the AST and ancillary piping. " Permeability " means the ease with which fluid can move through a material and is measured by the rate of flow in suitable units. " Person " means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body. " Pipe " means an impermeable hollow cylinder or tubular conduit that conveys or transports regulated substances, or is used for venting, filling, vapor recovery, or removing regulated substances. " Professional Engineer " means "engineer", as defined in Title 24 Del.C on), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body. " Pipe " means an impermeable hollow cylinder or tubular conduit that conveys or transports regulated substances, or is used for venting, filling, vapor recovery, or removing regulated substances. " Professional Engineer " means "engineer", as defined in Title 24 Del.C. Chapter 28 , Professional Engineers , namely, a person who by reason of his or her advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice Professional Engineering, and who is licensed by the Delaware Association of Professional Engineers . " Property Damage " shall have the meaning given this term by applicable State law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy. " Provider of Financial Responsibility " means an entity that provides financial responsibility to an Owner or Operator of an AST through one of the mechanisms listed in these Regulations, including a Guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state. “ Public Well ” means a well that is used to supply water to more than three dwelling units, 25 or more employees, or for the preparation or manufacturing of food or beverages, or to the public at large. " RCRA " means the Solid Waste Disposal Act , as amended by the Resource Conservation and Recovery Act of 1976 , as amended, [42 USC §6901 et seq.]. “ Reconstruction " means any work necessary to reassemble an AST that has been dismantled and relocated to a new site three dwelling units, 25 or more employees, or for the preparation or manufacturing of food or beverages, or to the public at large. " RCRA " means the Solid Waste Disposal Act , as amended by the Resource Conservation and Recovery Act of 1976 , as amended, [42 USC §6901 et seq.]. “ Reconstruction " means any work necessary to reassemble an AST that has been dismantled and relocated to a new site. " Regulated Substance " means a liquid or gas that: " Release " means the spilling, leaking, discharging, leaching, or disposing of a regulated substance into groundwater, surface water, soil, or air that is not permitted by law, regulation, or permit. " Release Prevention Barrier " means an Impervious barrier that serves to prevent the escape of regulated substance or to contain or channel the released regulated substance for leak detection. " Relocation " or " Relocating " or " Relocated " means removing the regulated substance from an AST, thoroughly cleaning the interior of the AST, moving the AST to a new location within a Facility without a transfer of ownership or moving the AST to a different Facility without a transfer of ownership, installing the AST in its new location, and inspecting the AST prior to its continued use for the storage of a regulated substance. “ Remedial Action ” means activities conducted to protect human health, safety, and the environment. These activities include but are not limited to evaluating risk, making no further action determinations, monitoring institutional and engineering controls, and designing and operating cleanup equipment ion, and inspecting the AST prior to its continued use for the storage of a regulated substance. “ Remedial Action ” means activities conducted to protect human health, safety, and the environment. These activities include but are not limited to evaluating risk, making no further action determinations, monitoring institutional and engineering controls, and designing and operating cleanup equipment. " Remova l " or " Removing " or " Removed " means taking the regulated substance from the AST and ancillary piping, thoroughly cleaning the interior of the AST and ancillary piping, completely displacing the AST and ancillary piping from its installed location, and rendering the AST and ancillary piping permanently non-useable or discontinuing use of the AST and ancillary piping as an AST and ancillary piping with the intent of not introducing a regulated substance into the AST and ancillary piping. " 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 AST System component that has caused a Release of product from the AST System or has failed to function properly. " Responsible Party " means any Person who: (a) Owns or has a legal or equitable interest in a Facility or an AST; (b) Operates or otherwise controls activities at a Facility; (c) At the time of storage of Regulated Substances in an AST 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 AST System by contract, agreement or otherwise; (e) Caused or contributed to a Release from an AST System; or rwise controls activities at a Facility; (c) At the time of storage of Regulated Substances in an AST 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 AST System by contract, agreement or otherwise; (e) Caused or contributed to a Release from an AST System; or (f) Caused a Release as a result of transfer of a Regulated Substance to or from an AST System. " Retrofit " or “ Upgrade ” means to modify an AST to meet standards contained in these Regulations. " Sacrificial Anode Cathodic Protection System " means a system to control corrosion of a metal surface which entails installing an electrode of an electrochemical cell that will oxidize preferentially to the metal surface that has been made the cathode of the electrochemical cell. " Secondary Containment " means a containment system designed and constructed to retain any regulated substance that leaves the primary containment including an AST and Ancillary Piping and prevent any regulated substance from reaching the surface water, groundwater, or adjacent land before cleanup occurs. Included are structures/ devices sufficiently impermeable to contain released regulated substances for a period of time sufficient for the cleanup and removal of captured material including; " Secretary " means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee. " Security interest " means an interest in an AST or AST system or in a Facility or property on which an AST or AST system is located, created or established for the purpose of securing a loan or other obligation. Security interests include but are not limited to mortgages, deeds of trusts, liens, and title pursuant to lease financing transactions vironmental Control or a duly authorized designee. " Security interest " means an interest in an AST or AST system or in a Facility or property on which an AST or AST system is located, created or established for the purpose of securing a loan or other obligation. Security interests include but are not limited to 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, certain assignments, factoring agreements, accounts receivable financing arrangements, and assignments, if the transaction creates or establishes an interest in an AST or AST system or in the facility or property on which the AST or AST system is located, for the purpose of securing a loan or other obligation. " Shop-Fabricated " means an AST which is constructed at a tank manufacturer's plant and transported to a Facility for installation. “ Site Assessment ” means to measure for the presence of a release where contamination is most likely to be present at an AST site. Selection of sample types, sample locations and measurement methods shall be based on the nature of the substance stored, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release. A site assessment is not restricted to the property containing the AST System. " Spark Extinguishing System " means a process in which the radiant energy of a spark or an ember is detected and the spark or ember is quenched. " Spent Acid " or " Spent Caustic " means an acid or caustic regulated substance which was used in a process where it was mixed with, or reacted with, or used as a catalyst to produce, or may have come in contact with a Flammable liquid as defined by NFPA 30. " State " means the State of Delaware ess in which the radiant energy of a spark or an ember is detected and the spark or ember is quenched. " Spent Acid " or " Spent Caustic " means an acid or caustic regulated substance which was used in a process where it was mixed with, or reacted with, or used as a catalyst to produce, or may have come in contact with a Flammable liquid as defined by NFPA 30. " State " means the State of Delaware. " Substantial Business Relationship " means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the Guarantor and the Owner or Operator. " Substantial Governmental Relationship " means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an AST release such as coterminous boundaries, overlapping constituencies, common ground-water aquifer, or other relationship other than monetary compensation that provides a motivation for the Guarantor to provide a guarantee. " Tangible Net Worth " means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing economic benefits obtained or controlled by a particular entity as a result of past transactions. " Termination " means only those changes that could result in a gap in financial responsibility coverage as where the insured has not obtained substitute coverage or has obtained substitute financial responsibility coverage with a different retroactive date of the original policy s" means all existing economic benefits obtained or controlled by a particular entity as a result of past transactions. " Termination " means only those changes that could result in a gap in financial responsibility coverage as where the insured has not obtained substitute coverage or has obtained substitute financial responsibility coverage with a different retroactive date of the original policy. " Tier 0 ", as described in DERBCAP, means the initial process of gathering and evaluating data at the 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, Inc. "Ullage" means the volume of a Fixed Roof AST which does not contain a regulated substance in liquid form. It is synonymous with the vapor space. "Underground Pipe" means piping or portions of piping meeting all of the following conditions: " Upgrade " or " Retrofit " means to modify an AST to meet standards contained in these Regulations. " Upper Flammable Limit (UFL) " means the highest concentration of a flammable substance in which combustion can propagate in the presence of an oxidant. " Vault " means a structure that completely encloses the tank and must be constructed of materials compatible with the Regulated Substance to be contained in the AST. " Verifiable Service " means delivery of mail by means of a delivery service that provides verification upon delivery. 8 DE Reg. 1167 (02/01/05) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 3.0 Reference 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 most recent editions of the referenced standards are available for review and inspection with prior notification at the Department and from the following sources (addresses of the cited organizations are subject to change): 3.1.1.1 American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C Section have served in part as the basis for the standards enacted under these Regulations. The most recent editions of the referenced standards are available for review and inspection with prior notification at the Department and from the following sources (addresses of the cited organizations are subject to change): 3.1.1.1 American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C. 20005-4070, (202) 682-8375. 3.1.1.2 National Association of Corrosion Engineers (NACE), P. O. Box 218340, Houston, Texas 77218, (713) 492-0535. 3.1.1.3 Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847) 272-8800. 3.1.1.4 National Fire Protection Association (NFPA), Batterymarch Park, Quincy, MA 02269, (617)770-3000. 3.1.1.5 American Society for Non-destructive Testing (ASNT), P.O. Box 28518, 1711 Arlington Lane, Columbus, Ohio 43228-0518, (614-274-6003). 3.1.1.6 Steel Tank Institute (STI), 944 Donata Court, Lake Zurich, Illinois 60047, (847) 438-8265. 3.1.1.7 American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19429-2959. 3.1.1.8 American Society of Mechanical Engineers (ASME), ASME International Two Park Avenue, New York, NY 10016-5990, (800) 843-2763. 3.1.1.9 National Board Inspection Code, National Board of Boiler and Pressure Vessel Inspectors Testing, 1055 Crupper Drive, Columbus, OH 43229-1183, (614)888-8320. 3.1.1.10 United States Department of Labor, Occupational and Safety and Health Administration (OSHA), 200 Constitution Avenue, Washington, D.C. 20210. 3.2 Applicability. In these Regulations, all referenced standards mean the edition or version referenced in Part A of the Regulations. The referenced standards apply to all ASTs without regard to or limitation by the application or usage of the referenced standard as expected or specified by the publishers of the referenced standards tration (OSHA), 200 Constitution Avenue, Washington, D.C. 20210. 3.2 Applicability. In these Regulations, all referenced standards mean the edition or version referenced in Part A of the Regulations. The referenced standards apply to all ASTs without regard to or limitation by the application or usage of the referenced standard as expected or specified by the publishers of the referenced standards. For example, API 650 expressly applies only to tanks that contain petroleum, but as utilized in these Regulations, API 650 applies to all ASTs. Where there is an irreconcilable conflict between a standard or recommendation published by an industry or professional organization and referenced by these Regulations, and a requirement in these Regulations, the most stringent shall apply and control. Where there is an irreconcilable conflict between standards or recommendations published by industry or professional organizations and referenced by these Regulations, the most stringent shall apply and control. 3.3 Titles of Standards 3.3.1 American Petroleum Institute (API) 3.3.1.1 API Standard 570, Piping Inspection Code: In-Service Inspection, Rating, Repair, and Alteration, of In-Service Piping Systems , 3rd Edition. November 2009. 3.3.1.2 API Standard 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks, 12th Edition, 2013. 3.3.1.3 API Standard 650, Welded Steel Tanks for Oil Storage , 12th Edition, March 2013. 3.3.1.4 API Recommended Practice 651, Cathodic Protection of Aboveground Petroleum Storage Tanks , September 2014 Edition. 3.3.1.5 API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction , 4th Edition with Addendum #1(2010), Addendum #2 (2012) and Addendum #3 (2013). 3.3.1.6 API Specification 12D, Specification for Field Welded Tanks for Storage of Production Liquid , Edition 11, 2008. 3.3.1.7 API Standard 2000, Venting Atmospheric and Low Pressure Storage Tanks, 7th Edition, 2014 ember 2014 Edition. 3.3.1.5 API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction , 4th Edition with Addendum #1(2010), Addendum #2 (2012) and Addendum #3 (2013). 3.3.1.6 API Specification 12D, Specification for Field Welded Tanks for Storage of Production Liquid , Edition 11, 2008. 3.3.1.7 API Standard 2000, Venting Atmospheric and Low Pressure Storage Tanks, 7th Edition, 2014. 3.3.1.8 API Recommended Practice 1615, Installation of Underground Petroleum Storage Systems , 6th Edition, April 2011. 3.3.1.9 API Recommended Practice 2015, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks , 7th Edition, May 2014. 3.3.1.10 API Recommended Practice 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks , 1st Edition, 2001. 3.3.2 National Association of Corrosion Engineers (NACE) 3.3.2.1 NACE Standard Practice 0169-2013, Control of External Corrosion on Underground or Submerged Metallic Piping Systems, 2013 Edition. 3.3.2.2 NACE Recommended Practice 0193-2011, External Cathodic Protection of On-grade Carbon Steel Storage Tank Bottoms , 2011 Edition. 3.3.2.3 NACE Standard Practice 0294-2006, Design, Fabrication, and Inspection of Tanks for the Storage of Concentrated Sulfuric Acid and Oleum at Ambient Temperatures , 2006 Edition. 3.3.3 Underwriters Laboratory, Inc. (UL) 3.3.3.1 UL142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, 9th Edition, December 2006. 3.3.3.2 UL971, Standard for Nonmetallic Underground Piping For Flammable Liquids , 1st Edition, 1995 with revisions through March 2006. 3.3.3.3 UL2085, Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids , 2nd Edition, December 1997. 3.3.4 National Fire Protection Association (NFPA) 3.3.4.1 NFPA 30, Flammable and Combustible Liquids Code, 2015 Edition 3.3.4.2 NFPA 303A, Automotive and Marine Service Station Code , 2011 Edition 3.3,4.3 NFPA 69, Standards on Explosion Prevention Systems , 2014 Edition 006. 3.3.3.3 UL2085, Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids , 2nd Edition, December 1997. 3.3.4 National Fire Protection Association (NFPA) 3.3.4.1 NFPA 30, Flammable and Combustible Liquids Code, 2015 Edition 3.3.4.2 NFPA 303A, Automotive and Marine Service Station Code , 2011 Edition 3.3,4.3 NFPA 69, Standards on Explosion Prevention Systems , 2014 Edition. 3.3.4.4 NFPA 704, Standard for the Identification of the Fire Hazards of Materials for Emergency Response , 2012 Edition. 3.3.4.5 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2015 Edition. 3.3.5 American Society for Non-destructive Testing (ASNT) 3.3.5.1 SNT-TC-1A, Personnel Qualifications and Certification in Nondestructive Testing , 2011 Edition. 3.3.5.2 ASNT, Central Certification Program NDT Level II , November 2010 Edition. 3.3.6 Steel Tank Institute (STI) 3.3.6.1 SP001, Standard for Inspection of In-Service Shop Fabricated Above Ground Tanks for Storage of Combustible and Flammable Liquid , 5th Edition, September 2011 . 3.3.6.2 SP031, Standard for Repair of Shop-Fabricated Aboveground age of Flammable and Combustible Liquids , 4th Edition, November 2008. 3.3.7 American Society for Testing and Materials (ASTM) 3.3.7.1 ASTM D-2517, Standard Specification for Reinforced Epoxy Resin Gas Pressure Pipe and Fittings , 2011 Edition. 3.3.7.2 ASTM D-2996, Standard Specification for Filament Wound Fiberglass (Glass-Fiber-Reinforced Thermosetting Resin) Pipe , 2007 Edition . 3.3.7.3 ASTM D-2583-13A, Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor , 1996 Edition. 3.3.8 American Society of Mechanical Engineers (ASME) 3.3.8.1 ASME RTP-1, Reinforced Thermoset Plastic Corrosion Resistant Equipment , 2013 Edition. 3.3.8.2 ASME, Boiler and Pressure Vessel Code Section VIII, Division 1, Design & Fabrication of Pressure Vessels , 2013 Edition. 3.3.8.3 ASME B31.1, Power Piping , 2014 Edition. 3.3.8.4 ASME B31.3, Process Piping . 2012 Edition pressor , 1996 Edition. 3.3.8 American Society of Mechanical Engineers (ASME) 3.3.8.1 ASME RTP-1, Reinforced Thermoset Plastic Corrosion Resistant Equipment , 2013 Edition. 3.3.8.2 ASME, Boiler and Pressure Vessel Code Section VIII, Division 1, Design & Fabrication of Pressure Vessels , 2013 Edition. 3.3.8.3 ASME B31.1, Power Piping , 2014 Edition. 3.3.8.4 ASME B31.3, Process Piping . 2012 Edition. 3.3.8.5 ASME B31.4, Pipeline Transportation Systems for Liquids and Slurries . 2012 Edition. 3.3.9 National Board Inspection Code (NBIC) 3.3.9.1 National Board Inspection Code, Part 3, Repairs and Alterations, 2013 Edition. 3.3.10 Occupational Safety and Health Administration (OSHA) 3.3.10.1 OSHA, 29 CFR, 1910.1200, Occupational Safety and Health Standards, Toxic and Hazardous Substances, Hazard Communication . May 2012. 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. 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. 7 DE Reg. 1765 (06/01/04) 20 DE Reg. 815 (04/01/17) 27 DE Reg tion 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. 7 DE Reg. 1765 (06/01/04) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 4.0 Tank Registration and Fees 4.1 Registration Requirements 4.1.1 Any person that owns or operates an AST, with the exception of those ASTs listed in Part A, subsection 1.2.2 shall register each AST with the Department utilizing an AST registration form provided by the Department. 4.1.2 Annual payment of registration fees shall be made in accordance with Part A, subsection 4.5 of these Regulations, on or before February 1 of every year and until the Department receives a formal notice that the AST has been removed or permanently closed or undergone a permanent change in contents in accordance with these Regulations. 4.1.3 No person shall own or operate an AST unless the AST is registered with the Department 4.1.4 Any person who sells or otherwise transfers ownership of an AST shall notify the new Owner of the AST registration requirements of Part A, of these Regulations. 4.1.5 The Owner shall sign and date all AST registration submittals. 4.1.6 The Owner shall notify the Department in writing of any significant change in the information presented on the original registration form utilizing a form provided by the Department, including but not limited to change of address, change of tank ownership, change of tank Operator, or a change in service at least 10 days prior to the change. 4.1.7 Owners may provide notice for multiple ASTs at a single Facility using 1 AST registration form, but Owners with ASTs located at more than one Facility must file a separate AST registration form for each Facility ded by the Department, including but not limited to change of address, change of tank ownership, change of tank Operator, or a change in service at least 10 days prior to the change. 4.1.7 Owners may provide notice for multiple ASTs at a single Facility using 1 AST registration form, but Owners with ASTs located at more than one Facility must file a separate AST registration form for each Facility. 4.1.8 Each registration form shall have attached a Safety Data Sheet (SDS) which complies with the definition of such as contained in OSHA, 29 CFR, 1910.1200, Hazard Communication, with the exception of those ASTs storing heating fuel, diesel, kerosene or gasoline. 4.1.9 ASTs that are not subject to an annual registration fee as specified in PART A, subsection 4.5 of these Regulations, are not required to have their registrations renewed on an annual basis by the submittal of any documentation. The AST registration remains in effect until the Department is notified of the AST’s removal, permanent closure, permanent change in contents, or transfer of ownership. 4.2 Existing ASTs. Owners and Operators shall notify the Department of all existing ASTs that have contained a Regulated Substance on or after January 1, 1992, by completing an AST registration form provided by the Department and submitting the form to the Department by September 5, 2002. 4.3 Change In Service, Permanent Closure in Place, Emptying and Removal 4.3.1 The Owner and Operator of any AST which would become subject to these Regulations due to a Change In Service shall comply with these Regulations before instituting the changed use. 4.3.2 Owners or Operators shall notify the Department utilizing a form provided by the Department prior to Removing, Permanently Closing in Place, Emptying, or making a Change In Service to an AST ying and Removal 4.3.1 The Owner and Operator of any AST which would become subject to these Regulations due to a Change In Service shall comply with these Regulations before instituting the changed use. 4.3.2 Owners or Operators shall notify the Department utilizing a form provided by the Department prior to Removing, Permanently Closing in Place, Emptying, or making a Change In Service to an AST. The notification form must be received by the Department at least 10 days prior to beginning the removal or permanent closure in place, emptying, or making a Change In Service to the AST, except in the case of a retrofit or upgrade which shall require the notification as specified in PART A, subsection 4.6, unless such action is in response to an imminent threat to human health, safety or the environment. 4.3.3 Removal or permanent closure in place or Change In Service of an AST without required notification of the Department is prohibited. 4.3.4 Any change in the schedule of work for a Change In Service must be communicated to the Department in writing a minimum of 48 hours prior to the new scheduled date of work. 4.3.5 The Owner shall notify the Department in writing of the actual date of completion of any Change In Service. 4.4 Transfer of Ownership 4.4.1 When a transfer of ownership of an AST occurs, the new Owner shall submit a completed registration form all required Safety Data Sheets, and proof of compliance with the financial responsibility requirements in PART D of these Regulations to the Department so that the Department shall receive these forms no later than 72 hours after the transfer or in accordance with an alternate schedule approved by the Department ownership of an AST occurs, the new Owner shall submit a completed registration form all required Safety Data Sheets, and proof of compliance with the financial responsibility requirements in PART D of these Regulations to the Department so that the Department shall receive these forms no later than 72 hours after the transfer or in accordance with an alternate schedule approved by the Department. 4.4.2 The seller or former Owner shall at the time of ownership transfer, deliver to the buyer and new Owner all available documents and information relevant to the AST, including: 4.4.2.1 Regulated Substance storage records; 4.4.2.2 Any approved plans for new installations; 4.4.2.3 Copies of registration forms; 4.4.2.4 Testing data and reports; 4.4.2.5 Reports documenting AST Permanent Closure in Place and Removal; 4.4.2.6 Tank lining specifications used, if applicable; 4.4.2.7 Monitoring reports; 4.4.2.8 Soil and groundwater sampling and laboratory chemical analyses reports; 4.4.2.9 Site assessment reports; 4.4.2.10 Equipment maintenance schedules and logs; 4.4.2.11 Repair records. 4.4.3 Any change in the structure of the AST Owner, including but not limited to any change in the corporate form and any change in the form of the business entity, shall constitute a transfer of ownership. 4.5 Registration Fees 4.5.1 On or before February 1 of each calendar year, Owners and Operators of an AST shall submit to the Department an annual per tank registration fee in accordance with Title 7 Del.C. Ch. 74A , The Jeffrey Davis Aboveground Storage Tank Act , §7413A and the table in PART A, subsection 4.5.3 of these Regulations. 4.5.2 A registration fee not received by the Department by October 1, 2002 or by February 1 of each calendar year thereafter is subject to a late charge of 10% of the total fee ubmit to the Department an annual per tank registration fee in accordance with Title 7 Del.C. Ch. 74A , The Jeffrey Davis Aboveground Storage Tank Act , §7413A and the table in PART A, subsection 4.5.3 of these Regulations. 4.5.2 A registration fee not received by the Department by October 1, 2002 or by February 1 of each calendar year thereafter is subject to a late charge of 10% of the total fee. 4.5.3 Registration Fee Schedule 4.5.4 No annual registration fee will be required if an AST is removed or permanently closed in place or undergoes a permanent change in contents from a regulated substance to a non-regulated substance prior to the February 1 deadline for payment of the registration fee. To qualify for this exemption, the registration fee shall be assessed until the Owner or Operator of the AST has completed the requirements in these Regulations for compliance with the notification and removal or permanent closure in place or permanent change in contents requirements of these Regulations and the Department has received all required sample results. 4.5.5 The initial AST registration fee shall not be assessed until the calendar year following the year in which the AST installation is completed. 4.6 Retrofitting or Upgrading of ASTs 4.6.1 AST Owners and Operators shall notify the Department of all retrofits or upgrades of an AST utilizing a form provided by the Department and include construction plans and supporting documents such as equipment and manufacturer specifications, at least 10 days prior to beginning the retrofit or upgrade work, or other schedule as approved by the Department. 4.6.2 If within the 10 day period, the required notification to the Department is completely satisfied, and written approval from the Department has been received the retrofit or upgrade construction may proceed without waiting for the expiration of the 10 days. 4.6.3 If within 1 year after the receipt of the written approval from the Department the retrofit or upgrade work has not commenced, the approval shall expire 0 day period, the required notification to the Department is completely satisfied, and written approval from the Department has been received the retrofit or upgrade construction may proceed without waiting for the expiration of the 10 days. 4.6.3 If within 1 year after the receipt of the written approval from the Department the retrofit or upgrade work has not commenced, the approval shall expire. The Owner may submit a new registration form and a letter requesting an extension to the Department. 4.6.4 The retrofit or upgrade of the AST may proceed after the Department has issued written approval of the retrofit or upgrade construction plans. The Department shall issue a formal letter of approval or denial within 10 days of the Department’s receipt of the retrofit or upgrade notification. If the Owner does not receive written notification from the Department within the 10 days the Owner may commence retrofit or upgrade construction work provided that: 4.6.4.1 The Owner notifies the Department in writing of the date retrofit or upgrade construction work will commence; and 4.6.4.2 The Owner shall recognize that any actions taken without prior approval is at the risk of the Owner and does not absolve the Owner of the obligation to comply with all applicable requirements of the Regulations. 8 DE Reg. 1167 (02/01/05) 17 DE Reg. 750 (01/01/14) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 5.0 Alternative Procedures Approval Requirements 5.1 Alternative Procedures. The Owner or Operator of an AST subject to the provisions of these Regulations may request in writing a determination from the Department that any requirement of these Regulations shall not apply to such AST, and shall request approval of an alternative procedure as required. 5.2 Requirements for Requesting an Approval of an Alternative Procedure 5.2.1 The Department in its discretion may approve alternative procedures or technology or a combination of alternative procedures or technologies not specified in the Regulations epartment that any requirement of these Regulations shall not apply to such AST, and shall request approval of an alternative procedure as required. 5.2 Requirements for Requesting an Approval of an Alternative Procedure 5.2.1 The Department in its discretion may approve alternative procedures or technology or a combination of alternative procedures or technologies not specified in the Regulations. The alternative procedure request shall be submitted in writing and shall set forth as a minimum the following information: 5.2.1.1 Name and location of the Facility and the specific AST(s) for which an alternative procedure is sought; and 5.2.1.2 The specific provision of the Regulations for which an alternative procedure is sought; and 5.2.1.3 The contents of the AST; and 5.2.1.4 The basis for the alternative procedure, including but not limited to the technical difficulties that would result from compliance with the established provision; and 5.2.1.5 The alternative procedure or technology for which approval is sought; and 5.2.1.6 Documentation that demonstrates that the alternative procedure or technology meets or exceeds the performance standard for approved technologies and that the alternative procedure or technology offers a no less stringent degree of protection for human health, safety or the environment as would the requirements specifically established in these Regulations. 5.3 Tier 0 Investigation Exemption .2.1.6 Documentation that demonstrates that the alternative procedure or technology meets or exceeds the performance standard for approved technologies and that the alternative procedure or technology offers a no less stringent degree of protection for human health, safety or the environment as would the requirements specifically established in these Regulations. 5.3 Tier 0 Investigation Exemption. For any activity that requires a Tier 0 investigation, an Owner or Operator may seek relief from the Tier 0 investigation requirements by providing the following information to the Department, as appropriate: 5.3.1 Photographs, maps, or drawings of the AST and associated containment area, with written explanation as to how the containment area functions to ensure a Release will be contained, with no impacts to the subsurface of the soil or groundwater; and 5.3.2 Cross sectional maps illustrating soil strata; and 5.3.3 Documentation of historic release events illustrating effective containment design with the successful recovery of lost product where an impact to the environment was averted; and 5.3.4 Existing on-site monitoring well data from other federal or state environmental investigations; and 5.3.5 Any additional supplemental information that would be helpful to the Department in determining if a Tier 0 investigation is warranted. 5.4 Department Response. The Department shall provide a written response within 90 days to all requests for alternative technology approvals. The written response shall state the Department’s justification for denial, approval, or approval with conditions of the request. 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. 17 DE Reg. 750 (01/01/14) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 6.0 Information Access 6.1 Department Authority to Obtain Information 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. 17 DE Reg. 750 (01/01/14) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 6.0 Information Access 6.1 Department Authority to Obtain Information. For the purpose of developing or assisting in the development of a standard regulation or of 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 tank and/or its contents and shall permit the designated officer or employee at all reasonable times to have access to and to copy all records relating to the tank or its contents and to conduct monitoring or require remediation activities, pursuant to Title 7 Del.C. Ch. 74A , The Jeffrey Davis Aboveground Storage Tank Act , §7406A, which the designated officer or employee deems necessary. For the purpose of developing or assisting in the development of a standard or regulation or enforcement of these Regulations, the designated officer or employee is authorized to: 6.1.1 Enter at reasonable times the Facility or other place where an AST or its records are located. The Owner or Operator shall permit unannounced inspections of tanks pursuant to these Regulations; 6.1.2 Inspect and obtain samples of regulated substances from any person and to conduct monitoring of tanks, contents, or surrounding soils, water, and/or air. An inspection shall be commenced and completed with reasonable promptness; 6.1.3 Document the site assessment, inspection or monitoring with photographs. 6.2 Requirements for Requests for Confidential Data Submission. In submitting data under Title 7 Del.C. Ch tain samples of regulated substances from any person and to conduct monitoring of tanks, contents, or surrounding soils, water, and/or air. An inspection shall be commenced and completed with reasonable promptness; 6.1.3 Document the site assessment, inspection or monitoring with photographs. 6.2 Requirements for Requests for Confidential Data Submission. In submitting data under Title 7 Del.C. Ch. 74A , The Jeffrey Davis Aboveground Storage Tank Act , and these Regulations, a person required to provide such data may: 6.2.1 Designate the data which the Owner or Operator believe is entitled to protections as business or corporate; and 6.2.2 Submit such designated data separately from other data submitted under these Regulations. 6.3 Protection under United States Code Title 18 Section 1905. Any such records, reports or information obtained shall be entitled to protection under United States Code Title 18 §1905, Disclosure of confidential information generally . 6.4 Confidential Business Information Designation and Freedom of Information Act Regulations. 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. Ch. 100 as amended. 7 DE Reg. 1765 (06/01/04) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 7.0 Release Preparedness Plan and Release Intervention 7.1 Release Preparedness Plan Requirements 7.1.1 The AST Owner or Operator must prepare a Release Preparedness Plan by June 11, 2005, for releases from ASTs at the Facility. A copy shall be kept at the Facility at all times and be made immediately available to the Department upon request. The Plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden Release of a Regulated Substance to soil, surface water or ground water dness Plan by June 11, 2005, for releases from ASTs at the Facility. A copy shall be kept at the Facility at all times and be made immediately available to the Department upon request. The Plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden Release of a Regulated Substance to soil, surface water or ground water. The Plan shall contain the following information: 7.1.1.1 A Facility map showing the location of buildings, ASTs and their stored products, and site utilities, and 7.1.1.2 Emergency contact phone numbers (i.e. fire, police, DNREC, USCG, hospitals, environmental contractors), and 7.1.1.3 The general location of area receptors and points of exposure such as natural resources, surface water bodies, public and private supply wells, and residential communities, and 7.1.1.4 Fire, explosion and health and safety contingencies; and 7.1.1.5 Contaminated soil excavation, staging, treatment and disposal contingencies; and 7.1.1.6 Regulated substance removal, containment and recovery contingencies; and 7.1.1.7 The Plan shall include the actions Facility personnel shall take to respond to fires, explosions or any unplanned sudden or non-sudden release of a regulated substance to air, soil or surface water at the Facility; and 7.1.1.8 The Plan shall list names, addresses, and office phone numbers of all persons qualified to act as emergency coordinator and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. A Facility emergency coordinator shall be available to respond at all times; and 7.1.1.9 The Plan shall include a list of all emergency equipment at the Facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required which they will assume responsibility as alternates. A Facility emergency coordinator shall be available to respond at all times; and 7.1.1.9 The Plan shall include a list of all emergency equipment at the Facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the Plan shall include the location and a physical description of each item on the list and a brief outline of its capabilities; and 7.1.1.10 The Plan shall include an evacuation plan for Facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked 7.1.2 A Release Preparedness Plan formulated under the direction of another local, State or federal program or a Facility emergency or operational plan that meets the objectives of this Section may be accepted by the Department as proof of compliance with this Section. 7.1.3 The Release Preparedness Plan shall be reviewed and amended if: 7.1.3.1 Applicable regulations are revised. 7.1.3.2 The Plan fails after a release. 7.1.3.3 The Facility changes its design or operations. 7.1.3.4 The list of emergency coordinators changes. 7 DE Reg. 1765 (06/01/04) 20 DE Reg. 815 (04/01/17) 8.0 Submittal Of Confidential Information 8.1 Denial of Claim of Confidentiality. Any claim of confidentiality as to the name and address of applicants on any registration or notification forms will be denied by the Department. 8.2 Requirements for Business Confidentiality Claim 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 ny registration or notification forms will be denied by the Department. 8.2 Requirements for Business Confidentiality Claim 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. Business information is entitled to confidential treatment if: 8.2.1 The business has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn, and 8.2.2 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 8.2.3 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 8.2.4 No statute specifically requires disclosure of the information, and 8.2.5 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. 8.3 Release of information to EPA. 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). 8.4 Confidentiality and Freedom of Information Act. 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. Ch. 100 as amended. 7 DE Reg. 1765 (06/01/04) 20 DE Reg s Environmental Protection Agency (EPA). 8.4 Confidentiality and Freedom of Information Act. 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. Ch. 100 as amended. 7 DE Reg. 1765 (06/01/04) 20 DE Reg. 815 (04/01/17) 9.0 Signage Requirements 9.1 Requirements for Hazard Labeling of ASTs 9.1.1 All ASTs with a capacity greater than 250 gallons and containing a regulated substance other than diesel, heating fuel or kerosene shall be labeled using the hazard rating system in accordance with NFPA 704, Standard for the Identification of the Fire Hazards of Materials for Emergency Response . 9.1.2 All ASTs with a capacity greater than 19,999 gallons containing diesel, heating fuel or kerosene shall be labeled using the hazard rating system in accordance with NFPA 704, Standard for the Identification of the Fire Hazards of Materials for Emergency Response . 9.2 Requirements for Labeling of Empty ASTs 9.2.1 All ASTs with a capacity greater than 250 gallons and containing a regulated substance other than diesel, heating fuel or kerosene shall be labeled with the word "Empty" if the tank contents have been removed. 9.2.2 All ASTs with a capacity greater than 19,999 gallons containing diesel, heating fuel or kerosene shall be labeled with the word “Empty” if the tank contents have been removed. 9.3 Requirements for Labeling of Contents and Tank Identification Number of ASTs 9.3.1 All ASTs with a capacity greater than 250 gallons and containing a regulated substance other than diesel, Heating Fuel heating fuel or kerosene shall be labeled with the name of the tank contents or the name of the chemical family associated with the tank contents and the tank identification number as noted on the DNREC registration form ing of Contents and Tank Identification Number of ASTs 9.3.1 All ASTs with a capacity greater than 250 gallons and containing a regulated substance other than diesel, Heating Fuel heating fuel or kerosene shall be labeled with the name of the tank contents or the name of the chemical family associated with the tank contents and the tank identification number as noted on the DNREC registration form. 9.3.2 All ASTs having a capacity greater than 19,999 gallons and containing diesel, heating fuel or kerosene shall be labeled with the name of the tank contents or the name of the chemical family associated with the tank contents and the tank identification number as noted on the DNREC registration form. 9.4 Compliance Date for Labeling of ASTs 9.4.1 All ASTs existing on February 1, 2006 that are required to have a label in accordance with the requirements of PART A, subsection 9.1, PART A, subsection 9.2, or PART A, subsection 9.3 shall be appropriately labeled by February 1, 2006. 9.4.2 All ASTs installed or brought into service after February 1, 2006 that are required to have a label in accordance with the requirements of PART A, subsection 9.1, PART A, subsection 9.2, or PART A, subsection 9.3 shall be appropriately labeled before regulated substance is stored in the AST. 9.5 Requirements for Labeling of Permanently Closed AST 9.5.1 All ASTs with a capacity greater than 250 gallons and contained a regulated substance other than diesel, heating fuel or kerosene and which are permanently closed in accordance with the requirements of these Regulations shall be labeled with the words Permanently Closed and the date of permanent closure within 30 days of the closure date, or for ASTs that were permanently closed prior to the most recent effective date of these Regulations, labels must be affixed within 90 days of the most recent effective date of these Regulations ich are permanently closed in accordance with the requirements of these Regulations shall be labeled with the words Permanently Closed and the date of permanent closure within 30 days of the closure date, or for ASTs that were permanently closed prior to the most recent effective date of these Regulations, labels must be affixed within 90 days of the most recent effective date of these Regulations. 9.5.2 All ASTs with a capacity greater than 19,999 gallons and contained diesel, heating fuel or kerosene and which are permanently closed in accordance with the requirements of these Regulations shall be labeled with the words Permanently Closed and the date of permanent closure within 30 days of the closure date, or for ASTs that were permanently closed prior to the most recent effective date of these Regulations, labels must be affixed within 90 days of the most recent effective date of these Regulations 8 DE Reg. 1167 (02/01/05) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 1.0 New ASTs and AST Relocations 1.1 General Requirements for All New ASTs and AST Relocations 1.1.1 AST Owners and Operators shall notify the Department at least 60 days prior to installation of all proposed new ASTs or Relocated ASTs used for storing Regulated Substances. Notice shall specify as a minimum: 1.1.1.1 The date of commencement of installation activities; 1.1.1.2 Location including the address and a plan view dimensioned drawings of the Facility of sufficient detail to locate the AST's with respect to the property lines and buildings or other structures located on the property and showing the relation of the AST to the site and the site to the surrounding area; 1.1.1.3 Drawings, design data, and material cut sheets for the type of AST and piping Leak Detection systems; 1.1.1.4 Description of the Regulated Substance to be stored including, Safety Data Sheet which complies with the definition of such as contained in OSHA, 29 CFR, 1910.1200, Hazard Communication, with the exception of those ASTs storing heating fuel, diesel, kero te to the surrounding area; 1.1.1.3 Drawings, design data, and material cut sheets for the type of AST and piping Leak Detection systems; 1.1.1.4 Description of the Regulated Substance to be stored including, Safety Data Sheet which complies with the definition of such as contained in OSHA, 29 CFR, 1910.1200, Hazard Communication, with the exception of those ASTs storing heating fuel, diesel, kerosene or gasoline and CAS registry number or numbers if available; 1.1.1.5 Type of overfill protection device, including drawings and manufacturer specifications; 1.1.1.6 Detail showing the proposed method of drawing of the secondary containment including the calculations demonstrating the capacity; 1.1.1.7 The design drawing of the proposed Cathodic Protection System showing the layout, calculations on the Cathodic Protection System, material cut sheets including anodes, cables, rectifier, hour meter and backfill, as applicable; 1.1.1.8 Description and drawings of the AST(s) and foundation to be installed, including dimensions, capacity, material of construction, manufacturer's name and address, model number, supplier's name and address, and any other information that completely describes the AST and foundation; 1.1.1.9 Description of piping to be used, including pipe diameters, materials, connections, manufacturer specifications and piping diagrams, as applicable; 1.1.1.10 Any other information that shall accurately convey the intended AST configuration. 1.1.1.11 Type of measuring gauge, and drawings and manufacturer specifications detailing the measuring gauge; 1.1.1.12 Drawings, design data, material cut sheets detailing the release prevention barrier; 1.1.1.13 Drawings, design data, and calculations for all normal and emergency venting systems; 1.1.1.14 Design data for exterior corrosion protection. 1.1.2 No new ASTs shall be constructed of wood or concrete after June 11, 2004 and drawings and manufacturer specifications detailing the measuring gauge; 1.1.1.12 Drawings, design data, material cut sheets detailing the release prevention barrier; 1.1.1.13 Drawings, design data, and calculations for all normal and emergency venting systems; 1.1.1.14 Design data for exterior corrosion protection. 1.1.2 No new ASTs shall be constructed of wood or concrete after June 11, 2004. 1.1.3 Upon notification by the AST Owner or Operator, a review by the Department of the notification and accompanying documents shall be made for compliance with the requirements for new ASTs or relocated ASTs as applicable, and 1.1.3.1 A formal letter of approval or denial of the installation shall be issued by the Department to the Owner and Operator within 60 days of the Department's receipt of the installation notification and supporting documentation as specified in PART B, subsection 1.1. 1.1.3.2 If a denial is issued, all required corrections and compliance with the new AST requirements or relocated AST requirements, as applicable, shall be met before the installation can be approved. 1.1.3.3 If within the 60 day notification period, the Department or its designee issued a formal letter of approval, the installation of the AST may begin. 1.1.4 Approval letters shall be posted at the construction site at the Facility where the new AST installation or AST relocation is in progress. 1.1.5 During construction, an Owner or Operator shall not cause or allow a substantial design change which is not in accordance with the approved plans and all terms and conditions of the Department's approval. 1.1.6 The design Engineer of record shall approve in writing any and all substantial design changes and resubmit to the Department for formal approval. 1.1.7 A formal approval of installation shall be valid for one year from the date of approval t cause or allow a substantial design change which is not in accordance with the approved plans and all terms and conditions of the Department's approval. 1.1.6 The design Engineer of record shall approve in writing any and all substantial design changes and resubmit to the Department for formal approval. 1.1.7 A formal approval of installation shall be valid for one year from the date of approval. If construction of the AST is not initiated within one year of issuance of the Department's letter of approval, the Owner or Operator shall request an extension in writing, including the cause for the delay and the expected date of construction initiation, or the approval shall lapse. For the purpose of this rule, initiated shall mean construction equipment commonly used in Facility or AST construction has been mobilized to the site and that materials used in the construction of the Facility or AST have been delivered to the site and construction has begun. 1.1.8 Department approval for installation of an AST shall not eliminate the need to obtain applicable approvals and permits from the authority(ies) enforcing the State Fire Prevention Regulations , local building codes or other State or Federal laws or regulations. 1.1.9 All ASTs, piping, appurtenances and secondary containment shall be compatible with the regulated substance stored in the AST. 1.1.10 New ASTs 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 AST shall not be considered a new installation for the purposes of this section. 1.1.11 New ASTs 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 AST shall not be considered a new installation for the purposes of this section. 1.1.12 The Owner shall notify the Department in writing within 7 days after the date of final completion of a new installation is section. 1.1.11 New ASTs 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 AST shall not be considered a new installation for the purposes of this section. 1.1.12 The Owner shall notify the Department in writing within 7 days after the date of final completion of a new installation. The Department shall complete a final on-site inspection within 10 days of receipt of the written notice of final installation completion. The Department shall issue written approval to operate or send a letter detailing deficiencies within 10 days after the final Department on-site inspection. If the Owner does not receive written notification from the Department within the 10 days, the Owner may commence tank operations provided that: 1.1.12.1 The Owner notifies the Department in writing of the date tank operations will commence; and 1.1.12.2 The Owner shall recognize that any actions taken without prior approval is at the risk of the Owner and does not absolve the Owner of the obligation to comply with all applicable requirements of the Regulations. 1.2 Construction Permit Fees 1.2.1 The Department shall assess a one-time construction permit fee for a new AST based on the construction fee table below for an AST constructed after June 11, 2004. Any Person required to pay a fee under Title 16 Del.C. Ch. 66 , Fire Prevention , to the State Fire Marshal related to an AST shall receive a 10% reduction in the construction permit fee. Construction Permit Fee Schedule Note: An AST which was Out of Service or permanently closed prior to June 11, 2004 and is intended to be placed into service is subject to the above construction permit fee schedule. 8 DE Reg. 1167 (02/01/05) 17 DE Reg. 750 (01/01/14) 20 DE Reg. 815 (04/01/17) 27 DE Reg ate Fire Marshal related to an AST shall receive a 10% reduction in the construction permit fee. Construction Permit Fee Schedule Note: An AST which was Out of Service or permanently closed prior to June 11, 2004 and is intended to be placed into service is subject to the above construction permit fee schedule. 8 DE Reg. 1167 (02/01/05) 17 DE Reg. 750 (01/01/14) 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 2.0 Design and Construction Requirements for New Metallic Field-Constructed ASTs 2.1 General Requirements for Design and Construction of New Metallic Field-Constructed ASTs 2.1.1 All new metallic Field-Constructed ASTs that will contain Regulated Substances shall: 2.1.1.1 Be of welded construction. 2.1.1.2 Meet or exceed the following design or manufacturing standards, as applicable: 2.1.1.2.1 API Standard 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks ; 2.1.1.2.2 API Standard 650, Welded Tanks for Oil Storage ; 2.1.1.2.3 API Standard 12D, Specification for Field Welded Tanks for Storage of Production Liquids ; 2.1.1.2.4 NACE SP0294; Design, Fabrication, and Inspection of Tanks for the Storage of Concentrated Sulfuric Acid and Oleum at Ambient Temperatures; 2.1.1.2.5 NFPA 30, Flammable and Combustible Liquids Code; 2.1.1.2.6 Other standards approved by the Department. 2.1.2 All new metallic Field-Constructed ASTs shall have a suitable foundation capable of supporting the AST full of product or the test media without excessive differential settlement as defined in API 653. The foundation design and construction shall be based on sound engineering practices. The foundation design shall provide positive drainage of water away from the base. ASTs located in areas subject to flooding shall be protected from flotation. 2.1.3 All new metallic Field-Constructed ASTs with tank bottoms in contact with soil shall be protected from corrosion in accordance with Part B, Section 5.0. 2.1.4 All new metallic Field-Constructed ASTs shall be placed on a release prevention barrier on design shall provide positive drainage of water away from the base. ASTs located in areas subject to flooding shall be protected from flotation. 2.1.3 All new metallic Field-Constructed ASTs with tank bottoms in contact with soil shall be protected from corrosion in accordance with Part B, Section 5.0. 2.1.4 All new metallic Field-Constructed ASTs shall be placed on a release prevention barrier. The integrity of the release prevention barrier shall not deteriorate due to exposure to the elements or soil in the presence of regulated substances. The following are acceptable release prevention barriers: 2.1.4.1 An impervious soil layer or geosynthetic clay liner with a permeability of 1 x 10 -7 cm/sec or less; or 2.1.4.2 An impervious geosynthetic liner installed in accordance with manufacturer's recommendations such as a 60 mil unreinforced liner, 40 mil reinforced liner, or a material of similar or more stringent specifications that is compatible with the Regulated Substance being stored; or 2.1.4.3 A double bottom with Leak Detection monitoring for the presence of a leak of a regulated substance; or 2.1.4.4 An impervious concrete slab foundation. 2.1.5 All new metallic Field-Constructed ASTs shall have secondary containment installed in accordance with PART B, Section 7.0. 2.1.6 All new metallic Field-Constructed ASTs shall have base line data including: 2.1.6.1 Floor and wall/shell thickness measurements which shall be kept on file by the Owner for the life of the AST and which shall be made available to the Department upon request. 2.1.6.2 Material certifications which shall be kept on file by the Owner for the life of the AST and which shall be made available to the Department upon request. 2.1.7 A report including the welding procedures, welding certification reports, and any non-destructive testing performed on the AST shall be kept on file by the Owner for the life of the AST and which shall be submitted to the Department prior to placing the AST in service shall be kept on file by the Owner for the life of the AST and which shall be made available to the Department upon request. 2.1.7 A report including the welding procedures, welding certification reports, and any non-destructive testing performed on the AST shall be kept on file by the Owner for the life of the AST and which shall be submitted to the Department prior to placing the AST in service. 2.1.8 All new metallic Field-Constructed ASTs constructed for the purpose of storing sulfuric acid or Spent Acid or Spent Caustic or other regulated substances with similar corrosive properties, shall be subject to additional design consideration including NACE Standard SP0294, material compatibility, coating requirements and additional non-destructive examination (NDE). 2.1.9 All new metallic Field-Constructed ASTs shall provide a method of leak detection in accordance with PART B, Section 9.0. 2.1.10 All new metallic Field-Constructed ASTs shall be equipped with an overfill prevention and spill containment system in accordance with PART B, Section 8.0. 2.1.11 All ASTs regulated under this Section shall be equipped with normal and emergency venting in accordance with API 2000 and NFPA 30. 2.1.12 All new metallic Field-Constructed ASTs shall be inspected and tested in accordance with API 650 or the design standard(s) under which the AST was constructed as applicable before being placed In Service. 2.1.13 All exposed exterior surfaces of all new metallic Field-Constructed ASTs shall be protected from corrosion. 2.1.14 The completed installation of all new metallic Field-Constructed ASTs is to be inspected and certified by a Certified API 653 Inspector. 20 DE Reg. 815 (04/01/17) 27 DE Reg the design standard(s) under which the AST was constructed as applicable before being placed In Service. 2.1.13 All exposed exterior surfaces of all new metallic Field-Constructed ASTs shall be protected from corrosion. 2.1.14 The completed installation of all new metallic Field-Constructed ASTs is to be inspected and certified by a Certified API 653 Inspector. 20 DE Reg. 815 (04/01/17) 27 DE Reg. 536 (01/01/24) 3.0 Design and Construction Requirements for New Metallic Shop-Fabricated ASTs 3.1 General Requirements for Design and Construction of New Metallic Shop-Fabricated ASTs 3.1.1 All new metallic Shop-Fabricated ASTs that will contain regulated substances shall meet or exceed the following design or manufacturing standards, as applicable: 3.1.1.1 UL 2085, Protected Aboveground Tanks for Flammable and Combustible Liquids; 3.1.1.2 UL 142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids; 3.1.1.3 API 650 Annex J, Shop-Assembled Storage Tanks ; 3.1.1.4 NFPA 30, Flammable and Combustible Liquids Code ; 3.1.1.5 ASME, Boiler and Pressure Vessel Code, Section VIII, Division I, Design & Fabrication of Pressure Vessels; 3.1.1.6 Other standards approved by the Department. 3.1.2 All new metallic shop-fabricated ASTs shall have a suitable foundation capable of supporting the AST full of regulated substance or the test media without excessive differential settlement as defined in API 653 or manufacturer's recommendation. The foundation design and construction shall be based on sound engineering practices. The foundation design shall provide positive drainage of water away from the base. ASTs located in areas subject to flooding shall be protected from flotation. 3.1.3 All new metallic shop-fabricated ASTs with tank bottoms in contact with soil shall be protected from corrosion in accordance with PART B, Section 5.0. 3.1.4 All new metallic Shop-Fabricated ASTs shall be placed on a release prevention barrier dation design shall provide positive drainage of water away from the base. ASTs located in areas subject to flooding shall be protected from flotation. 3.1.3 All new metallic shop-fabricated ASTs with tank bottoms in contact with soil shall be protected from corrosion in accordance with PART B, Section 5.0. 3.1.4 All new metallic Shop-Fabricated ASTs shall be placed on a release prevention barrier. The integrity of the Release Prevention Barrier shall not deteriorate due to exposure to the elements or soil in the presence of regulated substances. The following are acceptable release prevention barriers: 3.1.4.1 An Impervious soil layer, or geosynthetic clay liner with a permeability of 1x10 -7 cm/sec or less; or 3.1.4.2 An Impervious geo [Text truncated at 120,000 characters. The full text is on the page linked above.] ## Nearby sections - [7 Del. Admin. Code § 1351 7 DE Admin. Code 1351. Underground Storage Tank Systems](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_1351.md) - [7 Del. Admin. Code § 1352 7 DE Admin. Code 1352. Aboveground Storage Tanks](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_1352.md) - [7 Del. Admin. Code § 1353 7 DE Admin. Code 1353. Boiler Safety](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_1353.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T7_1352. Check the current official text before relying on it. Not legal advice.