7 Del. Admin. Code § 1352-A-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1352-A-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. 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. 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:

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

1.2.5.2.2The 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. 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

1.3.1 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

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

1.5 Right of Appeals

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

1.5.2 Any person or party to an appeal before the Environmental Appeals Board who is substantially affected by a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with Title 7 Del.C. Ch. 60, Environmental Controls, § 6009.

1.6 Joint and Several Liability

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

7 Del. Admin. Code § 1352-A-1.0

8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (4/1/2017)
27 DE Reg. 536 (1/1/2024) (Final)