The Delaware Department of Natural Resources and Environmental Control has developed regulations for aboveground storage tanks. The Delaware Regulations Governing Aboveground Storage Tanks were developed pursuant to the requirements of Title 7 Del. C., Chapter 74A, The Jeffrey Davis Aboveground Storage Tank Act.  Contact the Tank Management Branch at 302-395-2500 to obtain a hardcopy of the Regulations at a cost of $15.00, or the Regulations are available at no cost on the aboveground storage tank (AST) home page at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/ast/.

 

What is an aboveground storage tank?

  • A single containment vessel
  • Greater than 250 gallons
  • Currently or previously having contained regulated substances on or after January 1, 1992.
  • Includes all ancillary aboveground pipes up to the first point of isolation
  • Includes all underground pipes and dispensing systems

What is not an aboveground storage tank?

  • Septic tanks
  • Pipelines
  • Flow through process tanks
  • Surface impoundments, pits, ponds or lagoons
  • Wastewater conveyed to a treatment plant or POTW
  • Propane tanks

What is a Regulated Substance?
A liquid or gas that:

  1. Is a petroleum product; or
  2. Contains 1% or more (by concentration) of a hazardous substance as defined in CERCLA; or
  3. Contains 0.1% or more (by concentration) of a carcinogen as defined by IRIS; or
  4. Is a substance determined by the Secretary through regulation to pose a risk to public health, welfare or the environment if released into the environment.

What ASTs must be registered with the Department?
All ASTs greater than 250 gallons that contain a Regulated Substance must register, Except:

  1. Farm tanks less than 1,100 gallons
  2. Heating fuel tanks less than 1,100 gallons and the fuel is used on the premises
  3. Motor fuel or motor oil tanks less than 1,100 gallons used for noncommercial purposes
  4. Tanks regulated by the Boiler Safety Program (Pressure vessels)
  5. Tanks regulated by the Accidental Release Prevention Program (Extremely hazardous substances)
  6. Propane tanks
  7. Temporary tanks, which do not to exceed six months in a location

ASTs must be registered using a form provided by the Department.
What are the fees associated with Aboveground Storage Tank registration?

  1. ASTs > 12,500 and < 40,000 gallons storing a Regulated Substance other than Diesel, Heating Fuel or Kerosene are subject to an annual registration fee of $300.
  2. ASTs > 40,000 gallons storing a Regulated Substance including Diesel, Heating Fuel or Kerosene are subject to an annual registration fee of $750.

What are the requirements for installation of a new AST > 12,500 gallons containing a Regulated Substance? (for ASTs containing Heating Fuel, Diesel or Kerosene the capacity must be 40,000 gallons or greater for new AST requirements to apply)

  1. have installation plans approved by DNREC
  2. be placed on a Release Prevention Barrier (1x10-7cm/sec)
  3. have Secondary Containment
  4. have a method of Leak Detection
  5. be protected from corrosion
  6. have an Overfill and Spill prevention system
  7. be designed, constructed and installed in accordance with industry standards
  8. have normal and emergency venting
  9. ASTs > 12,500 gallons to < 40,000 gallons must pay a one time construction fee of $1,500.
  10. ASTs > 40,000 gallons must pay a one time construction fee of $3,750.

What are the inspection requirements for existing ASTs, > 12,500 gallons containing a Regulated Substance? (for ASTs containing Heating Fuel, Diesel or Kerosene the capacity must be 40,000 gallons or greater for existing AST requirements to apply)

  1. Inventory control
  2. Routine in-service inspections (walk-around every 30 days)
  3. External inspections
  4. Internal inspections
  5. Maintenance requirements for leak detection, overfill prevention, gauges, secondary containment and cathodic protection equipment

What upgrades are required for existing ASTs?

  1. A device for measuring the level in the tank by June 11, 2005
  2. An overfill prevention device and procedure by June 11, 2005
  3. Normal and emergency venting by June 11, 2007
  4. Overfill prevention equipment and measuring devices must operate independently by June 11, 2014

AND

  • By June 11, 2011 for ASTs not equipped with cathodic protection or an internal liner;  

OR

  • By June 11, 2019 for ASTs equipped with cathodic protection or an internal liner;

ASTs must be upgraded with one of the following:

  1. Leak Detection
  2. Release Prevention Barrier
  3. Double bottom
  4. Annual in-service test or inspection
  5. Annual API 653 internal inspection or other applicable inspection standard

What are the Financial Responsibility requirements for regulated ASTs?

  • Proof of Financial Responsibility is required for all regulated ASTs with the exception of Agricultural/Farm ASTs by June 1, 2005
  • A graduated system based on aggregate aboveground storage capacity in the state is used to determine the amount of financial responsibility required

Which ASTs must be labeled with a hazard rating sign?

  1. All ASTs greater than 250 gallons containing a Regulated Substance other than Diesel, Heating Fuel or Kerosene unless otherwise exempt
  • All ASTs greater than 19,999 gallons containing Diesel, Heating Fuel or Kerosene

What are the label requirements?

  • ASTs must be labeled using the hazard rating system in National Fire Protection Association Standard 704, Standard System for the Identification of the Hazards of Materials for Emergency Response
  • If the tank is empty it must be labeled with the word “Empty”
  • ASTs must be labeled with the name of the tank contents or the name of the chemical family associated with the tank contents

What are the alternative requirements for Agricultural/Farm ASTs?

  • ASTs with a storage capacity less than 40,000 gallons meeting the definition of an Agricultural/Farm AST have the option of complying with a Best Management Practice in lieu of compliance with Parts B, C and D of the Regulations.

How do I get more information or obtain necessary forms?

 

 

Pictures of aboveground storage tanks

Picture of Above Ground Oil Storage Tanks