7 Del. Admin. Code § 1352-B-1.0

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

Section 1352-B-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, 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.

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. 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 A 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

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

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.

7 Del. Admin. Code § 1352-B-1.0

8 DE Reg. 1167 (02/01/05)
17 DE Reg. 750 (1/1/2014)
20 DE Reg. 815 (4/1/2017)
27 DE Reg. 536 (1/1/2024) (Final)