Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of Waste and Hazardous SubstancesTank Management SectionUnderground Storage Tank Systems
Part H - Requirements for Installation, Operation and Maintenance of Field- Constructed Underground Storage Tank Systems
Section 1351-H-2.0 - Additions, exceptions, and alternatives for UST systems with Field-Constructed Tanks

7 Del. Admin. Code § 1351-H-2.0

Download
PDF
Current through Register Vol. 28, No. 7, January 1, 2025
Section 1351-H-2.0 - Additions, exceptions, and alternatives for UST systems with Field-Constructed Tanks
2.1 Exception to Piping Secondary Containment Requirements
2.1.1 Owners and Operators may use single walled Piping when installing or replacing Piping associated with UST systems with Field-Constructed Tanks greater than 50,000 gallons. Piping associated with UST systems with Field-Constructed Tanks less than or equal to 50,000 gallons shall meet the Secondary Containment requirement in Part B, subsection 1.4 when installed or replaced.
2.2 Upgrade Requirements
2.2.1 Not later than October 13, 2021, UST systems with Field-Constructed Tanks where installation commenced on or before January 11, 2020 shall meet the following requirements or be Removed or Closed In Place in accordance with the requirements of Part A, Section 18.0.
2.2.2 UST system components in contact with the ground that routinely contain Regulated Substances shall meet the following:
2.2.2.1 Except as provided in Part H, subsection 2.1, the new UST system performance standards in Part B, subsections 1.6, 1.7, 1.8, 1.14, 1.15, 1.16 and 1.24.
2.2.3 To prevent spilling and overfilling associated with product transfer to the UST system, all UST systems with Field-Constructed Tanks shall comply with new UST system spill and overfill prevention equipment requirements specified in Part B, subsections 1.21 and 1.22.
2.3 Routine Inspection Requirements
2.3.1 Owners and Operators shall conduct routine inspection requirements in accordance with Part B, subsection 1.30, as applicable, and keep documentation of the inspection in accordance with Part B, subsection 1.30.2.
2.4 Release Detection Requirements
2.4.1 Owners and Operators of UST systems with Field-Constructed Tanks shall begin meeting the Release Detection requirements described in Part H, subsection 2.4 not later than October 13, 2021.
2.4.1.1 Owners and Operators of Field-Constructed Tanks with a capacity less than or equal to 50,000 gallons shall meet the Release Detection requirements in Part B, subsection 1.9 of these Regulations. Owners and Operators of Field-Constructed Tanks with a capacity greater than 50,000 gallons shall meet either the requirements in Part B, subsection 1.9 or use one or a combination of the following alternative methods of Release Detection:
2.4.1.1.1 Conduct an annual Tank tightness test that can detect a 0.5 gallon per hour leak rate;
2.4.1.1.2 Use an automatic Tank gauging system to perform Release Detection at least every 30 Days that can detect a leak rate less than or equal to one gallon per hour. This method shall be combined with a Tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every 3 years;
2.4.1.1.3 Use an automatic Tank gauging system to perform Release Detection at least every 30 Days that can detect a leak rate less than or equal to t 2 gallons per hour. This method shall be combined with a Tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every 2 years;
2.4.1.1.4 Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least once every 30 Days that can detect a leak equal to or less than 0.5% of flowthrough; and
2.4.1.1.4.1 Perform a Tank tightness test that can detect a 0.5 gallon per hour leak rate at least every 2 years; or
2.4.1.1.5 Another method approved by the Department if the Owner and Operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in Part H, subsections 2.4.1.1.1 through 2.4.1.1.4. In comparing methods, the Department shall consider the size of release that the method can detect and the frequency and reliability of detection.
2.4.2 Owners and Operators of underground Piping associated with Field-Constructed Tanks less than or equal to 50,000 gallons shall meet the Release Detection requirements in Part B, subsection 1.19. Owners and Operators of underground Piping associated with Field-Constructed Tanks greater than 50,000 gallons shall follow either the requirements in Part B, subsection 1.19 or use one or a combination of the following alternative methods of Release Detection:
2.4.2.1 Line tightness test
2.4.2.1.1 Perform a semiannual or annual Line tightness test at or above the Piping operating pressure in accordance with the table below.

MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

Test section volume (gallons)

Semiannual test-leak detection rate not to exceed (gallons per hour)

Annual test-leak detection rate not to exceed (gallons per hour)

[LESS THEN EQUAL TO]50,000

1.0

0.5

>50,000 to <75,000

1.5

0.75

[GREATER THEN EQUAL TO]75,000 to <100,000

2.0

1.0

[GREATER THEN EQUAL TO]100,000

3.0

1.5

2.4.2.1.2 Piping segment volumes [GREATER THEN EQUAL TO]100,000 gallons not capable of meeting the maximum 3 gallons per hour leak rate for the semiannual test may be tested at a leak rate up to 6 gallons per hour according to the following schedule:

PHASE IN FOR PIPING SEGMENTS [GREATER THEN EQUAL TO]100,000 GALLONS IN VOLUME

First test

After January 11, 2020 and no later than October 13, 2021, may use up to 6 gallons per hour leak rate.

Second test

After October 13, 2021 and no later than October 13, 2024 may use 6 gallons per hour leak rate.

Third test

After October 13, 2024 and no later than October 13, 2025 shall use t 3 gallons per hour leak rate.

Subsequent tests

After October 13, 2025, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table 2.4.2.1.1.

2.4.2.2 Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every t 30 Days that can detect a leak equal to or less than 0.5% of flowthrough; and
2.4.2.2.1 Perform a Line tightness test (conducted in accordance with paragraph Part H, subsection 2.4.2.1.1 using the leak rates for the semiannual test) at least every 2 years; or
2.4.2.3 Another method approved in writing by the Department if the Owner and Operator can demonstrate that the method can detect a Release as effectively as any of the methods allowed in Part H, subsections 2.4.2.1 through 2.4.2.2. In comparing methods, the Department shall consider the size of Release that the method can detect and the frequency and reliability of detection.
2.4.3 Owners and Operators shall maintain Release Detection records in accordance with the recordkeeping requirements in Part A, Section 5.0.
2.5 Applicability of Closure Requirements to Previously Removed or Closed In Place UST Systems
2.5.1 When directed by the Department, the Owner and Operator of an UST system with Field-Constructed Tanks Removed or Closed In Place before January 11, 2020 shall assess the Excavation Zone as specified in DERBCAP and close the UST system in accordance with Part A, Section 18.0 if Releases from the UST system, as determined by the Department, pose a current or potential threat to human health, safety or the environment.

7 Del. Admin. Code § 1351-H-2.0

13 DE Reg. 1562 (06/01/10)
23 DE Reg. 581 (1/1/2020)
27 DE Reg. 533 (1/1/2024) (Final)