7 Del. Admin. Code § 1352-A-5.0

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

Section 1352-A-5.0 - Alternative Procedures Approval Requirements

5.1 Alternative Procedures

5.1.1 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. 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

5.3.1 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:

5.3.1.1 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

5.3.1.2 Cross sectional maps illustrating soil strata; and

5.3.1.3 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

5.3.1.4 Existing on-site monitoring well data from other federal or state environmental investigations; and

5.3.1.5 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 ninety (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.

7 Del. Admin. Code § 1352-A-5.0

17 DE Reg. 750 (1/1/2014)
20 DE Reg. 815 (4/1/2017)
27 DE Reg. 536 (1/1/2024) (Final)