7 Del. Admin. Code § 1351-A-6.0

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

Section 1351-A-6.0 - Alternative Procedures Approval Requirements

6.1 General Requirements

6.1.1 Alternative procedures approval may be granted by the Department from these Regulations except that no alternative procedure shall be granted which would be inconsistent with the no less stringent requirements of Subtitle I, Section 9004 of the Resource Conservation and Recovery Act of 1976 and the applicable provisions of 40 CFR Part 281 Subpart C.

6.1.2 The Owner and Operator of an UST System subject to the provisions of these Regulations may request in writing a determination from the Department for approval of an alternative procedure or technology. The Department may approve alternative procedures or technologies or a combination of alternative procedures or technologies if the following requirements are met. The requirements shall be submitted in writing and shall set forth as a minimum the following information:

6.1.2.1 Name and location of the Facility and the specific UST System for which an alternative procedure is sought; and

6.1.2.2 The specific provision of the Regulations for which an alternative procedure is sought; and

6.1.2.3 The contents of the UST System; and

6.1.2.4 The basis for the alternative procedure, including the technical difficulties that would result from compliance with the established provision; and

6.1.2.5 The alternative procedure or technology for which approval is sought; and

6.1.2.6 Documentation that demonstrates that the alternative procedure or technology meets or exceeds the performance standard for approved technologies and that the alternative procedure or technology offers a no less stringent degree of protection for human health, safety or the environment as would the requirements specifically established in these Regulations.

6.1.3 The Department will provide a written response to all requests for alternative technology approvals. The request may be denied, approved or approved with conditions. If the technology or procedure or a combination of technologies or procedures is approved, the Owner and Operator shall comply with any conditions imposed by the Department on its use to ensure the protection of human health, safety or the environment.

6.1.4 In the case of a denial of a request under this Section the Department will respond to the request stating the justification for the denial.

7 Del. Admin. Code § 1351-A-6.0

23 DE Reg. 581 (1/1/2020) (final)