7 Del. Admin. Code § 1108-5.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1108-5.0 - Recordkeeping and Reporting

5.1 Three (3) months after this revision of this regulation becomes effective, any person subject to 2.0 of this regulation, when selling or delivering any fuel oil to be used in Delaware (i.e., the transferor), shall provide to the person receiving the fuel oil (i.e., the transferee) an electronic or paper record that contains the following information:

5.1.1 Name, address and telephone number of the transferor.

5.1.2 Name, address and telephone number of the transferee, and the address where the fuel oil is delivered.

5.1.3 The volume of fuel being sold or delivered, and the date of sale or delivery.

5.1.4 The type of fuel, and the sulfur content of the fuel as a delivered product, determined pursuant to 4.3, 4.4, or 4.5 of this regulation, as applicable, and expressed as one of the following:

5.1.4.1 The actual sulfur content in ppm or percent (%) by weight, or

5.1.4.2 A statement that certifies the sulfur content of the shipment is equal to or below the applicable limit specified in 2.0 of this regulation, or

5.1.4.3 Except for a sale or delivery to an ultimate consumer, a product code or product description that identifies the sulfur content of the shipment as equal to or below the applicable limit specified in 2.0 of this regulation, provided such code or description is standardized throughout the distribution system in which it is used, and each downstream party is given sufficient information to know its full meaning.

5.2 Any person subject to 5.1 and 4.3, 4.4, or 4.5 of this regulation shall maintain records, for a minimum period of two (2) years from the date the records were generated, in electronic or paper format, that document the determination or establishment of the actual sulfur content of each batch or shipment of fuel oil.

5.3 Any person complying with 5.1.4.3 of this regulation shall maintain records, for a minimum period of two (2) years from the date the records were generated, in electronic or paper format, that document and explain the product code or product descriptions used.

5.4 For any transferee subject to requirements of a permit issued pursuant to 7 DE Admin. Code 1102, the records established pursuant to 5.1 of this regulation shall be maintained by the transferee for a minimum period of two (2) years from the date the record was generated.

5.5 The records as established pursuant to 5.2, 5.3, and 5.4 of this regulation shall be provided to the Department, upon written request by the Department, within thirty (30) days after such request is received.

7 Del. Admin. Code § 1108-5.0

12 DE Reg. 347 (09/01/08)
17 DE Reg. 79 (7/1/2013) (Final)