7 Del. Admin. Code § 1352-B-16.0

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

Section 1352-B-16.0 - Permanent Closure in Place

16.1 General Requirements for Permanent Closure in Place of ASTs

16.1.1 The Owner or Operator shall notify the Department of the scheduled permanent closure in place of an AST utilizing a form provided by the Department not later than 10 days prior to the permanent closure in place of an AST.

16.1.2 An AST and ancillary piping may be treated as separate entities for the purpose of removal, permanent closure in place or permanent change in contents.

16.1.3 The AST Owner or Operator shall perform Tier 0 sampling and analysis in accordance with the requirements specified in DERBCAP and Part E of this regulation. Within 90 days of completion the Owner or Operator shall submit the Tier 0 sampling results to the Department. An Owner or Operator shall comply with the conditions specified in Part A, subsection 5.4 of this regulation to request an exemption of the Tier 0 investigation requirements.

16.2 Additional Requirements for Permanent Closure in Place of ASTs

16.2.1 To Permanently close in Place an AST, the AST Owner or Operator shall at a minimum comply with the following requirements:

16.2.1.1 Empty the AST and all ancillary piping of all regulated substances in accordance with API RP2015 and API RP2016 and retain documentation of the proper disposition of the removed sludge, liquids, solids and residual regulated substance for a minimum of t 3 years; and

16.2.1.2 Secure the AST to prevent unauthorized entrance or tampering so that a regulated substance is not accidentally or intentionally introduced into the AST; and

16.2.1.3 All permanently closed ASTs shall be labeled in accordance with PART A, subsection 9.5.

16.3 Reactivating a Permanently Closed AST

16.3.1 An AST Owner or Operator who reactivates an AST, which has been permanently closed per this Part, shall notify the Department utilizing a form provided by the Department in accordance with PART B, subsection 1.1, prior to putting the AST back into service.

16.3.2 Prior to placing an AST which has been permanently closed back into service, the Owner or Operator shall meet all new AST standards in this regulation.

16.3.3 An AST which was permanently closed prior to June 11, 2004 and is intended to be placed into service must comply with all new AST standards in this regulation including payment of required construction fees in PART B, subsection 1.2 and submission of installation documentation in accordance with PART B.

7 Del. Admin. Code § 1352-B-16.0

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