7 Del. Admin. Code § 1352-B-13.0

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

Section 1352-B-13.0 - Out of Service Requirements

13.1 General Requirements for out of service ASTs

13.1.1 An AST is out of service if the AST:

13.1.1.1 has been designated as out of service by the Owner or Operator; or

13.1.1.2 is an empty tank except when the AST is emptied solely for the purpose of cleaning, routine maintenance or a change in product for a time period not to exceed 180 days.

13.1.1.3 is not in use, in that it has not had, within any 45-day period, a Regulated Substance transferred into or withdrawn from the AST and has been drained of all contents and is empty.

13.1.2 The Owner and Operator shall notify the Department, utilizing a form provided by the Department, upon taking an AST out of service unless the AST is empty or out of service because of scheduled testing or inspection per this regulation.

13.1.3 The Owner and Operator of an AST that has remained out of service for greater than 18 months shall:

13.1.3.1 Disconnect the AST and isolate from all piping; and

13.1.3.2 Secure the AST to prevent unauthorized entrance or tampering so that a Regulated Substance is not accidentally or intentionally introduced into the AST; and

13.1.3.3 Thoroughly Empty the AST and all ancillary piping and retain documentation of the proper disposition of the removed sludge, liquids, solids and residual regulated substance.

13.1.4 The Owner or Operator of an AST that has remained out of service for a period greater than 3 years shall assess the site to determine whether there is soil or groundwater contamination attributable to the AST 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 results of the site assessment 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.

13.1.5 An AST that is out of service, but is not empty, shall be in compliance with all the applicable requirements of this regulations, until the AST is removed, permanently closed in place, has undergone a permanent change in contents to a non-regulated substance, or is converted to another use in accordance with this regulations.

13.1.6 An AST that is out of service and is empty is not required to be in compliance with the inspection, monitoring, testing and record keeping requirements of PART C, with the exception of PART C, Section 5.0 as applicable, only during the time the AST is out of service and empty.

13.1.7 When an AST has been out of service, is empty, and all requirements specified in DERBCAP have been satisfied, the AST is determined by the Department to be permanently closed.

13.1.8 ASTs that are used periodically, such as for seasonal use or an emergency storage or overflow containment AST that is expeditiously emptied, are not "out of service" even when they do not contain a regulated substance. The AST Owner or Operator must submit a request in writing to the Department to be designated as a seasonal or emergency storage or overflow containment AST.

13.2 Reactivating Out of Service AST

13.2.1 An AST Owner or Operator who reactivates an AST, which has been out of service per PART B, subsection 13.1.1 shall notify the Department utilizing a form provided by the Department 10 days prior to putting the AST back into service.

13.2.2 Prior to placing an AST which has been out of service and empty, back into service, the Owner or Operator shall thoroughly inspect and test the AST and appurtenances per the required time frames in PART C of this regulation.

13.2.3 An AST which was out of service 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, Section 1.2 and submission of installation documentation in accordance with PART B prior to being placed back In Service.

7 Del. Admin. Code § 1352-B-13.0

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