7 Del. Admin. Code § 1352-B-11.0

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

Section 1352-B-11.0 - Upgrade Requirements for Existing ASTs

11.1 General Requirements for Upgrading Existing ASTs

11.1.1 At any time excavation of soil or removal of concrete, asphalt, or other cover is required during the course of AST upgrades Owners and Operators shall perform soil sampling and analysis in accordance with those requirements identified in DERBCAP and Part E of this regulation, to measure for the presence of a Release where contamination is most likely to be present at the AST site.

11.1.2 Within 60 days of completion of an AST upgrades Owners and Operators shall submit documentation to the Department including the following:

11.1.2.1 AST Activity completion documentation; and

11.1.2.2 Results of Tier 0 sampling requirements specified in DERBCAP; and

11.1.2.3 Results of any tests required by the Department.

11.1.3 By June 11, 2005, all ASTs shall be equipped with a gauge or other measuring device that accurately shows the level of regulated substance or the quantity of regulated substance in the AST.

11.1.4 By June 11, 2005, all ASTs shall have an overfill prevention procedure per the requirements in PART B, Section 8.0.

11.1.5 By June 11, 2007, all ASTs shall have normal and emergency venting installed in accordance with API 2000 or NFPA 30 or UL142 or UL 2085 as applicable.

11.1.6 By June 11, 2014, the required overfill prevention equipment and the measuring device shall function independently of each other per the requirements in PART B, Section 8.0.

11.1.7 By June 11, 2011, an AST which is not equipped with cathodic protection or an internal liner approved by the Department and documented to be capable of preventing a release, shall be upgraded to meet the requirements of PART B, subsection 11.1.9.

11.1.8 By June 11, 2019, an AST which is equipped with cathodic protection in accordance with PART B, Section 5.0, or an internal liner approved by the Department and documented to be capable of preventing a Release, shall be upgraded to meet the requirements of PART B, subsection 11.1.9.

11.1.9 All ASTs shall be equipped with or comply with at least one of the following per the schedule in PART B, subsection 11.1.7 or PART B, subsection 11.1.8:

11.1.9.1 Leak detection equipment in accordance with the requirements of PART B, Section 9.0 or alternate method approved by the Department; or

11.1.9.2 Release prevention barrier in accordance with the requirements of PART B; or

11.1.9.3 Double bottom in accordance with the requirements of PART B; or

11.1.9.4 Annual in service test or inspection approved by the Department; or

11.1.9.5 Annual internal inspection in accordance with API 653 or other applicable standard.

11.1.10 By June 11, 2007, all ASTs shall comply with the inerting requirements of PART B, Section 12.0.

11.1.11 All ASTs, piping, appurtenances and secondary containment shall be compatible with the regulated substance stored in the AST.

11.2 Upgrade Requirements for Existing Underground Piping Systems

11.2.1 By June 11, 2014, all existing underground piping that does not meet the requirements for new underground piping as required in PART B, Section 6.0 shall be upgraded to meet such requirements.

11.3 Upgrade Requirements for Tanks Built Prior to June 11, 2004, Converting to Storage of a Regulated Substance

11.3.1 Persons, who own an aboveground storage tank installed prior to June 11, 2004; which has only stored non-regulated substances; who intend to convert the aboveground storage tank to the storage of a regulated substance and the conversion will make the tank subject to this regulation, shall notify the Department of the change in service on an AST registration form provided by the Department at least 60 days prior to initiating the change in service. The form shall be accompanied with documentation that the tank shall comply with the following requirements:

11.3.1.1 The tank shall be subjected to a thorough internal and external cleaning and inspection performed by a Certified API 653 Inspector or a Certified STI-SP001 Inspector or individual certified under ASME RTP-1 or National Board Inspection Code, as applicable, determining that the tank is free of defects per the applicable code; and

11.3.1.2 All aboveground and underground piping connected to the tank which shall convey a regulated substance shall comply with an API 570 external visual inspection and API 570 pressure test as applicable; and

11.3.1.3 The tank is determined to be structurally sound by a Professional Engineer or an inspector certified per the applicable code such as a Certified API 653 Inspector or a Certified STI-SP001 Inspector or individual certified under ASME RTP-1 or National Board Inspection Code, or qualified by training and experience in the absence of a code certification process; and

11.3.1.4 The tank and underground piping shall comply with the schedule of requirements specified in PART B, subsection 11.1 and PART B, subsection 11.2.

11.3.2 If within the 60 day period, the required notification to the Department is completely satisfied, the conversion to storage of a regulated substance may proceed without waiting for the expiration of the 60 days.

11.4 Upgrade Requirements for Tanks Converting to Storage of a Regulated Substance

11.4.1 Persons, who own an aboveground storage tank; which has only stored non-regulated substances; who intend to convert the aboveground storage tank to the storage of a regulated substance and the conversion will make the tank subject to this regulation, shall notify the Department of the change in service utilizing an AST registration form provided by the Department at least 60 days prior to initiating the change in service. The form shall be accompanied with documentation that the tank shall comply with the following requirements:

11.4.1.1 The tank shall meet the standards for new ASTs as specified in PART B, as applicable; and

11.4.1.2 The tank shall be subject to a thorough internal and external cleaning and inspection performed by a Certified API 653 Inspector or a Certified STI-SP001 Inspector or individual certified under ASME RTP-1 or National Board Inspection Code, as applicable, determining that the tank is free of defects per the applicable code; and

11.4.1.3 All aboveground and underground piping connected to the tank which shall convey a regulated substance shall comply with an API 570 external visual inspection and API 570 pressure test as applicable.

11.4.1.4 The tank is determined to be structurally sound by a Professional Engineer or an inspector certified per the applicable code such as a Certified API 653 Inspector or a Certified STI-SP001 Inspector or individual certified under ASME RTP-1 or National Board Inspection Code, or qualified by training and experience in the absence of a code certification process.

11.4.2 If within the 60 days period, the required notification to the Department is completely satisfied, the conversion to storage of a regulated substance may proceed without waiting for the expiration of the 60 days.

7 Del. Admin. Code § 1352-B-11.0

7 DE Reg. 1765 (06/01/04)
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (4/1/2017)
27 DE Reg. 536 (1/1/2024) (Final)