State of Delaware Office of the Governor For Immediate Release Monday, July 8, 2002 Contact: Gregory Patterson (302) 744-4222 (302) 242-9318 cell Gov. Minner Signs Aboveground Storage Tanks Act Delaware City - Governor Ruth Ann Minner Monday signed legislation creating a state program for oversight of aboveground storage tanks. S.S. 1 to S.B. 273, sponsored by Senator David B. McBride, Senator Dorinda Connor and Representative Robert Quillen, will set standards for the construction, operation, inspection, maintenance and repair of aboveground storage tanks, such as the one involved in fatal incident at the Motive refinery in Delaware City last July. "This is an important piece of legislation for the citizens of Delaware, for people working at facilities with aboveground storage tanks and for our environment," Gov. Minner said. "This legislation will help ensure that the structural integrity of tanks is maintained, that releases of hazardous substances to our environment are prevented and, most importantly, thatcitizens of this state are protected." In addition to establishing regulatory control over larger aboveground storage tanks containing hazardous substances and petroleum products, the legislation also requires owners of certain smaller tanks to register their tanks with the Department. The one-time, no-cost registration will include the age, material of construction and size of the tank, location, contents and owner. "This legislation reflects input from environmental and civic organizations, the chemical and petroleum industries and the agricultural community," Sen. McBride said. "There has been a growing interest during the past several years to implement an aboveground storage tank program and I believe this bill reflects a reasonable balance." The bill requires owners of aboveground storage tanks to maintain records about the condition of tanks and to file an inspection report whenever a tank is emptied for maintenance or repair or removed from service. Those records also must be made available to the Department of Natural Resources and Environmental Control. DNREC may also conduct unannounced inspections of any tank subject to regulations. In addition the bill requires owners of tanks to immediately report any spills to DNREC and includes labeling requirements. "Developing and implementing this self-supporting program and the regulations are a high priority for our department," DNREC Secretary Nicholas A. DiPasquale. "We will be convening a group representing a variety of interests to work with us in developing the program." Fact Sheet S.S. 1 for S.B. 273 (The Jeffrey Davis Act Regulating Aboveground Storage Tanks) Regulated Tanks Regulates tanks 12,500 gallons or larger containing one percent or more of hazardous substances listed under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). There are approximately 1,800 compounds listed under this program. Tanks containing kerosene, heating fuel or diesel fuel are not regulated unless 40,000 gallons or larger. Regulates all other petroleum tanks greater than 12,499 gallons. All tanks as required to register by the Act are subject to labeling requirements. Owners of tanks as defined in the Act are subject to reporting requirements if there is a release from a tank or associated piping. Tank Registration Tanks containing CERCLA-regulated substances between 250 and 12,499 gallons must be registered with DNREC. This is a one-time, no-cost registration. Registration information must include the age, material of construction and size of the tank, location, contents and owner. This information will assist DNREC in responding to incidents involving tanks. Tanks containing kerosene, heating fuel or diesel between 250 and 39,999 gallons must be registered. Tanks that are exempt from registration process: Farm tanks less than 1,100 gallons Propane tanks Heating fuel tanks used for consumptive purposes on the premises and less than 1,100 gallons Motor fuel or motor oil tanks less than 1,100 gallons used for non-commercial purposes Tanks regulated under the state's Boiler Safety Program Tanks regulated under the Accidental Release Prevention Program Fees Tanks containing CERCLA-regulated substances between 12,500 gallons and 39,999 gallons are subject to annual registration fee of $300. Tanks containing CERCLA-regulated substances greater than 39,999 gallons are subject to an annual registration fee of $750. Tanks containing diesel fuel, heating oil or kerosene 40,000 gallons and greater are subject to an annual registration fee of $750 Tanks being constructed that are between 12,500 and 39,999 gallons containing CERCLA-regulated substances or petroleum products other than heating fuel, diesel or kerosene are subject to a one-time construction fee of $1,500. Tanks being constructed that are greater than 39,999 gallons containing CERCLA-regulated substances are subject to a one-time construction fee of $3,750. Tanks being constructed that are greater than 39,999 gallons containing heating fuel, kerosene or diesel fuel are subject to a one-time construction fee of $3,750. Legislative Hall, Dover, Delaware, 19901. (302) 744-4101 (FAX) 739-2775 820 N. French Street, Wilmington, Delaware, 19801. (302) 577-3210. (FAX) 577-3118.