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TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL 1
DELAWARE ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
DIVISION OF WASTE AND HAZARDOUS SUBSTANCES
Tank Management Section
1352 Aboveground Storage Tanks
PART A GENERAL REQUIREMENTS FOR ASTS
1.0 General Provisions

1.1 Statement of Authority and Purpose
1.1.1 These Regulations are enacted in accordance with Title 7 Del.C. Ch. 60, Environmental Control, and Title
7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act.
1.1.2 The Delaware Department of Natural Resources and Environmental Control is responsible for protecting,
preserving and enhancing the environmental quality of water, air and land of the State. In addition, the
General Assembly of the State of Delaware has found "that it is therefore necessary to provide for more
stringent control of the installation, operation, retrofitting, maintenance, repair, abandonment, and/or
removal of aboveground storage tanks to prevent releases and where releases occur, to detect and
remediate them at the earliest possible stage, thus minimizing further degradation of soil, air, surface
water, and groundwater and promoting public safety."
The Regulations Governing Aboveground Storage Tanks are intended to address existing and potential
sources of pollution that may result from ASTs. To ensure the prevention and early detection of a release
of a regulated substance should one occur, new ASTs are required to meet acceptable design and
installation criteria and existing ASTs are required to retrofit by a schedule set forth to comparable
standards. AST design criteria promulgated under these Regulations will minimize the risk of regulated
substances impacting the environment. Release confirmation and remediation standards are set forth to
require the clean-up of any release that does occur.
1.2 Applicability
1.2.1 The requirements of these Regulations shall apply to all Owners and Operators of an AST as defined in
these Regulations unless specifically exempted in these Regulations.
1.2.2 The following ASTs shall only be subject to the requirements of Part A, Section 1.0; Part A, Section 2.0;
Part A Section 6.0; and Part A Section 8.0; and Part E of these Regulations:
1.2.2.1 ASTs of 1,100 gallons or less in capacity, located on a farm, and used solely to facilitate the
production of crops, livestock, or livestock products on the farm;
1.2.2.2 ASTs used solely to store propane gas;
1.2.2.3 ASTs of 1,100 gallons or less in capacity used solely to store heating fuel for consumptive use on
the premises where stored;
1.2.2.4 ASTs of 1,100 gallons or less in capacity used solely to store motor fuel or motor oil for
Noncommercial purposes;
1.2.2.5 ASTs installed on a temporary basis, not to exceed six months;
1.2.2.6 ASTs regulated pursuant to Title 7 Del.C. Ch. 74B, Boiler Safety Program.
1.2.2.7 ASTs and associated equipment regulated as a part of a process regulated pursuant to Title 7
Del.C. Ch. 77, Extremely Hazardous Substances Risk Management Act.
1.2.3 The following ASTs shall only be subject to the requirements of Part A, subsection 1.3; PART A,
subsection 1.4; PART A, subsection 1.5; PART A, subsection 1.6; Part A, subsection 2.0; Part A,
subsection 4.1.1; PART A subsection 4.1.3, PART A, subsection 4.1.4; PART A, subsection 4.1.5; PART
A, subsection 4.1.6; PART A, subsection 4.1.7; PART A, subsection 4.1.8, PART A subsection 4.1.9, Part
A, subsection 4.2; Part A, subsection 4.3; Part A, subsection 4.4; Part A, Section 6.0; Part A, Section 8.0;
Part A, Section 9.0; and Part E of these Regulations:
1.2.3.1 ASTs used to store regulated substance other than diesel, kerosene or heating fuel with a capacity
greater than 250 gallons and less than 12,499 gallons.
1.2.3.2 ASTs used solely to store diesel, kerosene or heating fuel with a capacity greater than 250 gallons
and less than 40,000 gallons.
2 TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL
1.2.4 ASTs regulated pursuant to 7 Del.C. Ch. 63 and the Delaware Regulations Governing Hazardous Waste
shall be exempted from Part E of these Regulations.
1.2.5 The following types of aboveground storage tanks shall not be subject to these Regulations:
1.2.5.1 septic tank;
1.2.5.2 pipeline facility (including gathering lines) regulated under:
1.2.5.2.1 The Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.]; or
1.2.5.2.2 The Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or
1.2.5.2.3 Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous
Liquids by Pipeline; or
1.2.5.2.4 Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or
hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations.
1.2.5.3 surface impoundment, pit, pond, or lagoon;
1.2.5.4 liquid trap or associated gathering lines directly related to oil or gas production or gathering
operations;
1.2.5.5 Flow Through Process Tank that contains a regulated substance or substances and that forms an
integral part of a production process through which there is a steady, variable, recurring, or
intermittent flow of material during the operation of the process. Flow Through Process Tanks
include, but are not limited to seal tanks, surge tanks, bleed tanks, check and delay tanks, phase
separator tanks, or tanks in which physical or chemical change of a material is accomplished. A
Flow Through Process Tanks does not include:
1.2.5.5.1 a tank that is used for the storage of material before its introduction into a production process;
or
1.2.5.5.2 a tank that is used for storage of products or by-products from the production process; or
1.2.5.5.3 a tank that is used only to recirculate materials; or
1.2.5.5.4 a tank that stores fuel for combustion subsequently used to provide heat for a process.
1.2.5.6 transformers, regulators and breakers used for the sole purpose of electrical power distribution
and transmission;
1.2.5.7 containment vessels operated as part of a publicly owned treatment works as defined pursuant to
Title 7 Del.C. Ch. 60, Environmental Controls, §6002 and regulated pursuant to Title 7 Del.C. Ch.
60, Environmental Controls, §6003 or used for the storage and conveyance of wastewater to a
treatment plant regulated in accordance with the requirements of the Clean Water Act.
1.2.6 Agricultural/Farm ASTs, shall only be subject to the requirements of Part A and Part E of these
Regulations, provided that the Owner or Operator shall comply with a written best management practice
for the Agricultural/Farm AST, that has been submitted in writing and has received written approval from
the Department. The approved plan must be updated and re-submitted for approval if there are substantial
changes to conditions described in the plan. Failure to comply with the best management practice shall
constitute a violation of this subsection subject to all appropriate enforcement sanctions including but not
limited to daily penalties.
1.3 Enforcement
1.3.1 Any person who violates these Regulations shall be subject to all appropriate legal sanctions including but
not limited to the provisions set forth in Title 7 Del.C. Ch. 74A,The Jeffrey Davis Aboveground Storage
Tank Act, §7410A.
1.4 Severability
1.4.1 If any provisions of these Regulations are adjudged to be unconstitutional or invalid by a court of
competent jurisdiction, the remainder of these Regulations shall not be affected thereby.
1.5 Right of Appeals
1.5.1 Any person whose interest is substantially affected by any action of the Secretary may appeal to the
Environmental Appeals Board in accordance with Title 7 Del.C. Ch. 60, Environmental Controls, §6008.
1.5.2 Any person or party to an appeal before the Environmental Appeals Board who is substantially affected by
a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with Title
7 Del.C. Ch. 60, Environmental Controls, §6009.
1.6 Joint and Several Liability
1.6.1 Throughout these Regulations, Owners and Operators are jointly and severally liable for all duties and
requirements. When used in these Regulations, "Owners or Operators" shall mean that the Owners and
Operators are jointly and severally liable for the applicable duties and requirements.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
2.0 Definitions
The following words, terms and phrases have the meaning ascribed to them in this section, except where the
context clearly indicates a different meaning:
"Aboveground Storage Tank" or "AST" means a single aboveground containment vessel having a capacity of
greater than 250 gallons and currently or previously having contained regulated substances on or after January
1,1992. The term includes all ancillary aboveground pipes and dispensing systems up to the first permanently
installed point of isolation and all ancillary underground pipes and dispensing systems. Within this definition,
the word "vessel" includes any container that can be partially visually inspected, from the exterior, in an
underground area. The term AST does not include any of the following:
• septic tank;
• pipeline facility (including gathering lines) regulated under:
• the Natural Gas Pipeline Safety Act of 1968 as amended [49 U.S.C. §1671 et seq.], or
• the Hazardous Liquid Pipeline Safety Act of 1979 as amended [49 U.S.C. §2001 et seq.]; or
• Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by
Pipeline; or
• Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous
material in bulk and 33 CFR 156 Oil and hazardous material transfer operations.
• surface impoundment, pit, pond, or lagoon;
• liquid trap or associated gathering lines directly related to oil or gas production or gathering operations;
• Flow Through Process Tank that contains a regulated substance or substances and that forms an integral
part of a production process through which there is a steady, variable, recurring, or intermittent flow of
material during the operation of the process. Flow Through Process Tanks include, but are not limited to,
seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which
physical or chemical change of a material is accomplished. A Flow Through Process Tank does not
include: 1) a tank that is used for the storage of material before its introduction into a production process;
2) a tank that is used for storage of products or by-products from the production process; 3) a tank that is
used only to recirculate material; or 4) a tank that stores fuels for combustion subsequently used to provide
heat for a process;
• transformers, regulators and breakers used for the sole purpose of electrical power distribution and
transmission;
• containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7
Del.C. Ch. 60, Environmental Controls, §6002 and regulated pursuant to Title 7 Del.C. Ch. 60,
Environmental Controls, §6003 or used for the storage and conveyance of wastewater to a treatment plant
regulated in accordance with the requirements of the Clean Water Act.
• An AST that has met the requirements of permanent closure in accordance with these Regulations.
"Accidental Release" as it relates to financial responsibility requirements of Part D, means any sudden or
nonsudden release of a regulated substance from an AST that is deemed at the Department's discretion to
represent an unacceptable risk to human health, safety or the environment based on accepted principles of
risk assessment.
"Agricultural/Farm AST" means an AST less than 40,000 gallons containing a regulated substance, the
contents of which are applied to the soil, crops, or livestock or ingested by livestock and used solely to directly
facilitate the production of crops, livestock, livestock products or golf course turf. Crops include fish hatcheries,
rangeland, cropland and nurseries including turf grass growing operations. Agricultural/Farm ASTs do not
include ASTs used to store substances used in a manufacturing process. A manufacturing process does not
include Agricultural/Farm ASTs used to store and blend regulated substances for retail sales.
"Ancillary Piping" means all piping, including valves, elbows, joints, flanges, and flexible connectors, attached
to an AST through which regulated substance may flow.
"Annual Aggregate" means the total amount of financial responsibility available to cover all obligations that
might occur in one year.
"API" means American Petroleum Institute.
"ASTM" means American Society for Testing and Materials.
"Blanketing" means the technique of maintaining the Ullage volume in a regulated AST below the Limiting
Oxidant Concentration (LOC) by the use of an inert gas.
"Bodily Injury" shall have the meaning given to this term by State law; however this term shall not include
those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in
liability insurance policies for bodily injury;
"Bulk Storage" as it is used in Part B, Section 12.0 of these Regulations, means an AST which is used to store
a Flammable Regulated Substance and has the Flammable Regulated Substance added to or withdrawn from
the AST by a vessel, tanker truck, rail car or pipeline.
"Cathodic Protection System" means a method to prevent corrosion to metal objects by forcing protective
current from an external source onto the structure to be protected to counter or overcome any corrosion activity
on its surface.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42
USC, § 9601(14)] and any amendments thereto.
"Certified API 570 Inspector" means an individual who is certified by the American Petroleum Institute under
the terms of the API 570 certification program to perform piping inspections.
"Certified API 653 Inspector" means an individual who is certified by the American Petroleum Institute under
the terms of the API 653 certification program to perform AST inspections.
"Certified STI-SP001 Inspector" means an individual who is certified by the Steel Tank Institute (STI) under
the terms of the STI certification program to perform shop-fabricated AST inspections.
"Change In Service" means any change to a registered AST to include but not be limited to removal,
permanent change in contents, relocation, permanent closure in place, change in status from either In Service
Tank or Out of Service Tank, conversion to storage of other than regulated substances or conversion to a use
other than as an AST, or when the AST is emptied.
"Chief Financial Officer" in the case of Local Government Owners and Operators, means the individual with
the overall authority and responsibility for the collection, disbursement, and use of funds by the Local
Government.
"Combustible" means capable of undergoing combustion.
"Combustion" means the chemical process of oxidation that occurs at a fast enough rate to produce heat and
usually light in the form of either a glow or flame.
“Compartmentalized AST” means a single walled compartmentalized AST bearing one Underwriter’s
Laboratory (UL) label or a double walled compartmentalized AST sharing the same interstice. A
compartmentalized AST is a single tank for the purposes of compliance with all applicable requirements of
these Regulations. The total capacity of a compartmentalized AST is the sum of all the compartment volumes.
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical
properties upon contact with one another for the design life of an AST under conditions likely to be
encountered at an AST facility.
"Consumptive Use" with respect to heating fuel means consumed on the premises where stored, and is used
solely for the operation of equipment used for the generation of heat and is connected directly or via a day tank to
the heat generating equipment.
"Continuous Leak Detection" means the uninterrupted measurement of the contents or other characteristics
or parameters of an AST which immediately notifies the Operator of the failure of an AST to contain a regulated
substance.
"Controlling Interest" means direct ownership of at least 50 percent of the voting stock of another entity;
“Corrective Action” means the sequence of actions, or process that includes confirming a release, site
assessment, interim remedial action, remedial action, monitoring, and termination of the remedial action.
“Day” means a calendar day; however, when used to determine when a document is due, or an action is
required, and the day falls on the weekend or a holiday, the document may be submitted, or the action started,
on the first working day after the weekend or holiday.
"Deflagration" means the propagation of a combustion zone at a velocity which is less than the speed of
sound in the unreacted medium.
"Deflagration Pressure Containment" means the technique of specifying the design pressure of a regulated
AST and its appurtenances so they are capable of withstanding the maximum pressures resulting from an
internal deflagration.
"Deflagration Suppression" means the technique of detecting and arresting combustion in the Ullage volume
of a regulated AST while the combustion is still in its incipient stage, thus preventing the development of
pressures that could result in a rupture of the AST.
"Department" means the Delaware Department of Natural Resources and Environmental Control.
"Dispensing" as it is used in Part B, Section 12.0 of these Regulations, means an AST which stores a
Flammable Regulated Substance, which is transferred directly from the AST into a portable container, or into
the fuel tank of a motor, a motor vehicle or a boat to be used as a motor fuel.
"Dispensing System" means any devise including, but not limited to, hoses (rigid or flexible), piping, fittings,
fixtures, gauges, alarms, rupture disks, pressure release valves, flanges, or valves and pumps that are used to
distribute, meter or control the flow of regulated substance to and from an AST.
“Domestic Well” means a well that may serve no more than three dwellings and is used for potable nonpublic
water supply purposes and may be used for non-potable household purposes.
“Effective Date” means the most recent date of promulgation of these Regulations.
"Electrically Isolated" means the electrical separation of the AST from the piping, and from other metallic
structures and the environment by means of a nonconductive fitting or bushing.
“Empty” or “Emptying” means to thoroughly clean the interior of the AST and all ancillary piping of all residual
regulated substances including but not limited to all sludge, solids, liquids, vapors, and gases.
"EPA" means the United States Environmental Protection Agency.
"Existing AST" means an AST for which substantial physical installation began prior to June 11, 2004. The
term substantial physical installation includes, but is not limited to, a permit or contract for the installation.
“External Liner” means a layer or membrane constructed of a material compatible with the contents of the
AST and is installed inside an existing secondary containment structure to provide additional assurance of
impermeability.
"Facility" means any location or part thereof containing or having contained one or more ASTs.
"Field-Constructed" means an AST which is constructed by assembling on-site at a Facility.
"Financial Reporting Year" means the latest consecutive twelve-month period for which any of the following
reports used to support a financial test is prepared:
• a 10-K report submitted to the SEC; or
• an annual report of tangible net worth submitted to a recognized rating service such as Dun & Bradstreet;
or
• annual reports submitted to the Energy Information Administration or the Rural Electrification
Administration; or
• audited financial report; or
• annual reports submitted to the Board of Governors of the Federal Reserve System, the Comptroller of the
Currency, or the Federal Deposit Insurance Corporation.
"Fixed Roof" means an AST which has an immovable roof or cover used as the sole means to either contain
the vapors from a regulated substance stored within the AST or prevent unwanted contaminants from entering
the AST.
"Flammable" means a regulated substance which meets the definition of an NFPA 30 Flammable Liquid.
"Floating Roof" means an AST which has a movable roof or cover which floats or rides upon the surface of a
regulated substance to contain vapors from a regulated substance stored within the AST or prevent unwanted
contaminants from entering the AST.
"Flow Through Process Tank" means a tank that contains a regulated substance or substances and that
forms an integral part of a production process through which there is a steady, variable, recurring, or
intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are
not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in
which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not
include: 1) a tank that is used for the storage of material before its introduction into a production process; or 2)
a tank that is used for storage of products or by-products from the production process; or 3) a tank that is used
only to recirculate materials; or 4) a tank that stores fuel for combustion subsequently used to provide heat for
a process.
"Guarantor" means a business entity that:
• Possesses a controlling interest in the Owner or Operator; or
• Possesses a controlling interest in a firm that has a controlling interest in the Owner or Operator; or
• Is an affiliate which is controlled through stock ownership by a common parent firm that possesses a
controlling interest in the Owner or Operator; or
• Is engaged in a substantial business relationship with the Owner or Operator and is issuing the guarantee
as an act incident to that business relationship.
"Heating Fuel" also known as heating oil, means a type of fuel oil that is one of seven technical grades and is
used for heating purposes. These grades are: No. 1, No. 2, No 4-light, No. 4-heavy, No. 5-light, No. 5-heavy,
and No. 6 residual and other fuels used as substitutes for one of these fuels such as kerosene and diesel when
used for heating purposes. It contains one percent (1%) or more of a petroleum product, or was originally
derived from a petroleum product or petroleum containing product.
"Impervious" means a material of sufficient thickness, density and composition that is impenetrable, or has a
permeability of less than 1 X 10 7 cm/sec. to the regulated substance, and that will prevent the discharge to the
lands, ground waters, or surface waters of the State of any regulated substance for a period of at least as long
as the maximum anticipated time during which the regulated substance will be in contact with the material.
"Impressed Current Cathodic Protection System" means direct current supplied to a Cathodic Protection
System.
“Indicated Release” means there are signs that an AST, or the secondary containment system are failing or
could potentially fail to contain a regulated substance. Indicated releases are releases that are not observable
and are not directly attributable to another source.
“Industrial Well” means a non-potable well that is used in the processing, washing, packing, or manufacturing
of a product excluding food and beverages.
"Inert Gas" means a gas which is nonreactive with the contents of an AST. Inert gases may include but shall
not be limited to nitrogen, carbon dioxide, helium, argon, xenon and krypton. An inert gas may consist of a
mixture of different inert gases.
"Inerting" means the technique by which a combustible mixture in the Ullage volume of an AST is rendered
non-ignitable by the addition of an inert gas which reduces the oxidant concentration below the Limiting
Oxidant Concentration (LOC).
"In Service" means an AST that:
• is being actively maintained or operated; or
• contains a regulated substance or has a regulated substance regularly added to or withdrawn from the
AST; or
• is emptied solely for the purpose of cleaning, routine maintenance, or a change in product, for a time
period not to exceed one hundred eighty (180) days.
"Leak" means the failure of an AST to contain a regulated substance.
"Leak Detection" means electronic, manual or mechanical measurement of the contents or other
characteristics or parameters of an AST which notifies the Operator of the failure of an AST to contain a
regulated substance.
"Legal Defense Cost" means any expense that an Owner or Operator or provider of financial responsibility
incurs in defending against claims or actions brought by:
• The EPA or the Department to require investigations and/or Corrective Action or to recover the costs of
investigations and/or Corrective Action; or
• Or on behalf of a third party for Bodily Injury or property damage caused by an Accidental Release; or
• Any person to enforce the terms of a financial responsibility mechanism.
"Limiting Oxidant Concentration" (LOC) means the concentration of an oxidant below which a deflagration
cannot occur.
"Local Government" shall have the meaning given this term by applicable State law and includes Indian
tribes. The term is generally intended to include:
• Counties, municipalities, townships, separately chartered and operated special districts (including Local
Government public transit systems and redevelopment authorities), and independent school districts
authorized as governmental bodies by State charter or constitution; and
• Special districts and independent school districts established by counties, municipalities, townships, and
other general purpose governments to provide essential services.
"Major Repair or Major Alteration" means operations that require cutting, addition, removal and/or
replacement of the annular plate ring, the shell to bottom weld, or a sizable portion of the shell of an AST.
These include but are not limited to the following:
• the installation of any shell penetration beneath the design liquid level larger than 12 inches National Pipe
Standard, or any bottom penetration located within 12 in. of the shell.
• the removal and replacement or addition of any shell plate beneath the design liquid level, or any annular
plate ring material where the longest dimension of the replacement plate exceeds 12 in.
• the complete or partial (more than one-half of the weld thickness) removal and replacement of more than
12 in. of vertical weld joining shell plates, or radial weld joining the annular plate ring.
• the installation of a new bottom. This does not include new bottoms in ASTs where the foundation under
the new bottom is not disturbed and either condition (1) or (2) are met:
• (1) For ASTs with annular rings, the annular ring remains intact.
• (2) For ASTs without annular rings, the repair does not result in welding on the existing bottom within
the critical zone.
• the removal and replacement of any part of the weld attaching the shell to the bottom or to the
annular ring.
• jacking of a tank shell.
"Monitor Well" means a well installed in accordance with the Delaware's Regulations Governing the
Construction and Use of Wells that will be used for the monitoring of ground water quality.
"Motor Fuel" means petroleum or a petroleum-based substance which is typically used in the operation of a
motor vehicle, small engine, or aircraft engine, including:
• Motor gasoline;
• Aviation gasoline;
• No. 1 or No. 2 diesel fuel, and
• Any grade of gasohol.
“Motor Oil” means a petroleum product used to lubricate the internal parts of an engine. The term includes
lubricating and operational fluids for the mechanical components associated with the engine. This includes any
hydraulic, transmission, gear or braking lubricating or operational fluid that through use, storage or handling has
become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
"NACE" means National Association of Corrosion Engineers.
“NAPL” means a Non-Aqueous Phase Liquid composed of one or more organic compounds that are immiscible
or sparingly soluble in water. The term encompasses all potential occurrences of NAPL including free, mobile,
and residual.
• “Free NAPL” means NAPL that is hydraulically connected in the pore space and has the potential to be
mobile in the environment.
• “NAPL Body” means the 3-dimensional form and distribution of NAPL in the subsurface existing in any
phase.
• “NAPL Conceptual Site Model (NCSM)” means a model describing the physical properties, chemical
composition, occurrence and geologic setting of the NAPL body from which estimates of flux, risk and
potential remedial action can be generated. The NCSM may be a dynamic, living model that changes
through time as a function of natural attenuation or engineered remedial action processes, or additional
site knowledge.
• “Mobile NAPL” means free NAPL that is moving laterally or vertically in the environment under prevailing
hydraulic conditions. The result of the NAPL movement is a net mass flux from one point to another. Not all
free NAPL is mobile, but all mobile NAPL must be free NAPL.
• “Residual NAPL” means NAPL that is hydraulically discontinuous and immobile under prevailing
conditions. Residual NAPL cannot move, but is a source for chemicals of concern dissolved in
groundwater or in the vapor phase in soil gas. The residual NAPL saturation is a function of the initial or
maximum NAPL saturation and the porous medium.
"New AST" means a tank for which substantial physical installation began on or after June 11, 2004. The term
substantial physical installation includes, but is not limited to, a permit or contract for the installation.
"NFPA" means National Fire Protection Association, Inc.
"Noncommercial" means a business or organization whose activities do not result in monetary gain, including
but not limited to educational institutions, non-profit organizations under the terms of the Internal Revenue
Service code definition in section 501(c), State, Federal and Local governmental entities and religious
organizations.
"Non-Ignitable" means a gas or vapor in the presence of an oxidant in which combustion cannot be initiated
by the introduction of an ignition source such as a flame, spark, or heat.
"Occurrence" as it relates to financial responsibility, means an accident, including continuous or repeated
exposure to conditions, which results in a release from an AST. This definition is not intended either to limit the
meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other
standard insurance terms in place of "occurrence".
"Operator" means a person operating a facility or who has operated a facility, including, but not limited to, by
lease, contract or other form of authorization agreement. Operator includes any Person who has any of the
responsibility for the care, custody, and control of the daily operation of an AST.
"Orphan Tank" means:
• a tank for which the last person to operate the tank cannot be identified; or
• a tank on property as to which the property Owner can establish that the Owner did not obtain and could
not have obtained, through the exercise of reasonable and due diligence, knowledge of the existence of
the tank prior to purchase of the property.
"Out of Service" means an AST that is:
• designated as Out of Service by the Owner and Operator or
• 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 one hundred eighty (180) days.
"Owner" means:
• a person who has or has had a legal interest in a Facility or AST; or
• a person who has or has had an equitable interest in a Facility or AST; and
• Owner does not mean any person who, without participating in the management of a Facility or
Aboveground Storage Tank, holds indicia of ownership in a Facility or Aboveground Storage Tank
primarily to protect the person’s security interest or is a fiduciary which has a legal title to or manages any
property for purposes of administering an estate or trust of which such property is part. In the case of
foreclosure the person shall not be deemed the owner of the Aboveground Storage Tank provided that the
person provides notification to the Department within thirty (30) days of the initiation of foreclosure
proceedings for any property containing an Aboveground Storage Tank, either In Service or Out of Service
utilizing a form provided by the Department.
"Oxidant" means any material that can react with a regulated substance to support combustion in the Ullage of
an AST. Oxygen in air is the most common oxidant.
“Participation in Management” means actually participating in the management or operational affairs of an
Aboveground Storage Tank or Facility and does not include merely have the capacity to influence, or the
unexercised right to control, an Aboveground Storage Tank or Facility operations.
"PEI" means Petroleum Equipment Institute.
"Permanent Change in Contents" means the replacement of one substance stored in an AST and ancillary
piping for another substance that would effect a change in the AST and ancillary piping’s regulated status
based on capacity and substance stored.
"Permanent Closure in Place" or "Permanently Closed in Place" or "Permanently Closing in Place" or
"Permanently Closed" means leaving an AST and ancillary piping in its installed location, removing the
regulated substance from the AST and ancillary piping, thoroughly cleaning the interior of the AST and the
interior of the ancillary piping, disconnecting the ancillary piping from the AST, securing the AST and the
ancillary piping to prevent unauthorized access, and discontinuing active use of the AST and ancillary piping
with the intent of not introducing a regulated substance into the AST and ancillary piping.
"Permeability" means the ease with which fluid can move through a material and is measured by the rate of
flow in suitable units.
"Person" means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a
government corporation), partnership, company, association, state, municipality, commission, political
subdivision of a state, or any interstate body.
"Pipe" means an impermeable hollow cylinder or tubular conduit that conveys or transports regulated
substances, or is used for venting, filling, vapor recovery, or removing regulated substances.
"Professional Engineer" means "engineer", as defined in Title 24 Del.C. Chapter 28, Professional Engineers,
namely, a person who by reason of his or her advanced knowledge of mathematics and the physical sciences,
acquired by professional education and practical experience, is technically and legally qualified to practice
Professional Engineering, and who is licensed by the Delaware Association of Professional Engineers.
"Property Damage" shall have the meaning given this term by applicable State law. This term shall not include
those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in
liability insurance policies for property damage. However, such exclusions for property damage shall not
include corrective action associated with releases from tanks which are covered by the policy.
"Provider of Financial Responsibility" means an entity that provides financial responsibility to an Owner or
Operator of an AST through one of the mechanisms listed in these Regulations, including a Guarantor, insurer,
risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state.
“Public Well” means a well that is used to supply water to more than three dwelling units, 25 or more
employees, or for the preparation or manufacturing of food or beverages, or to the public at large.
"RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
1976, as amended, [42 USC §6901 et seq.].
“Reconstruction" means any work necessary to reassemble an AST that has been dismantled and relocated
to a new site.
"Regulated Substance" means a liquid or gas that:
• contains one percent (1%) or more of a hazardous substance as defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 [42U.S.C. §9601(14)] and any
amendments thereto; or
• contains 0.1 percent (0.1%) or more of a carcinogen as defined by EPA in the Integrated Risk Information
System (IRIS) April 2002 and as updated; or
• is a petroleum product, or contains one percent (1%) or more of a petroleum product, or was originally
derived from a petroleum or petroleum containing product, including crude oil or any fraction thereof, which
is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per
square inch absolute); or
• contains heating fuel as defined in this Part; or
• is a substance determined by the Secretary through regulation to present a risk to public health or welfare
or the environment if released into the environment.
"Release" means the spilling, leaking, discharging, leaching, or disposing of a regulated substance into
groundwater, surface water, soil, or air that is not permitted by law, regulation or permit.
"Release Prevention Barrier" means an Impervious barrier that serves to prevent the escape of regulated
substance or to contain or channel the released regulated substance for leak detection.
"Relocation" or "Relocating" or "Relocated" means removing the regulated substance from an AST,
thoroughly cleaning the interior of the AST, moving the AST to a new location within a Facility without a transfer
of ownership or moving the AST to a different Facility without a transfer of ownership, installing the AST in its
new location, and inspecting the AST prior to its continued use for the storage of a regulated substance.
“Remedial Action” means activities conducted to protect human health, safety, and the environment. These
activities include but are not limited to evaluating risk, making no further action determinations, monitoring
institutional and engineering controls, and designing and operating cleanup equipment.
"Removal" or "Removing" or "Removed" means taking the regulated substance from the AST and ancillary
piping, thoroughly cleaning the interior of the AST and ancillary piping, completely displacing the AST and
ancillary piping from its installed location, and rendering the AST and ancillary piping permanently non-useable
or discontinuing use of the AST and ancillary piping as an AST and ancillary piping with the intent of not
introducing a regulated substance into the AST and ancillary piping.
"Retrofit" or “Upgrade” means to modify an AST to meet standards contained in these Regulations.
"Sacrificial Anode Cathodic Protection System" means a system to control corrosion of a metal surface
which entails installing an electrode of an electrochemical cell that will oxidize preferentially to the metal
surface that has been made the cathode of the electrochemical cell.
"Secondary Containment" means a containment system designed and constructed to retain any regulated
substance that leaves the primary containment including an AST and Ancillary Piping and prevent any
regulated substance from reaching the surface water, groundwater, or adjacent land before cleanup occurs.
Included are structures/ devices sufficiently impermeable to contain released regulated substances for a period
of time sufficient for the cleanup and removal of captured material including;
• dikes, berms or retaining walls;
• curbing;
• diversion ponds, holding tanks, sumps;
• vaults;
• double-walled tanks;
• liners external to the tanks;
• other means as approved by the Department.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or a duly
authorized designee.
"Shop-Fabricated" means an AST which is constructed at a tank manufacturer's plant and transported to a
Facility for installation.
“Site Assessment” means to measure for the presence of a release where contamination is most likely to be
present at an AST site. Selection of sample types, sample locations and measurement methods shall be based
on the nature of the substance stored, the type of backfill, the depth to groundwater, and other factors
appropriate for identifying the presence of a release. A site assessment is not restricted to the property
containing the AST System.
"Spark Extinguishing System" means a process in which the radiant energy of a spark or an ember is
detected and the spark or ember is quenched.
"Spent Acid" or "Spent Caustic" means an acid or caustic regulated substance which was used in a process
where it was mixed with, or reacted with, or used as a catalyst to produce, or may have come in contact with a
Flammable liquid as defined by NFPA 30.
"State" means the State of Delaware.
"Substantial Business Relationship" means the extent of a business relationship necessary under
applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A
guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic
transactions between the Guarantor and the Owner or Operator.
"Substantial Governmental Relationship" means the extent of a governmental relationship necessary under
applicable state law to make an added guarantee contract issued incident to that relationship valid and
enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality
of interest in the event of an AST release such as coterminous boundaries, overlapping constituencies,
common ground-water aquifer, or other relationship other than monetary compensation that provides a
motivation for the Guarantor to provide a guarantee.
"Tangible Net Worth" means the tangible assets that remain after deducting liabilities; such assets do not
include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets"
means all existing economic benefits obtained or controlled by a particular entity as a result of past
transactions.
"Tank Management Section" means the Tank Management Section of the Division of Waste and Hazardous
Substances in the Delaware Department of Natural Resources and Environmental Control.
"Termination" means only those changes that could result in a gap in financial responsibility coverage as
where the insured has not obtained substitute coverage or has obtained substitute financial responsibility
coverage with a different retroactive date of the original policy.
“UL" means Underwriters Laboratories, Inc.
"Ullage" means the volume of a Fixed Roof AST which does not contain a regulated substance in liquid form.
It is synonymous with the vapor space.
"Underground Pipe" means piping or portions of piping meeting all of the following conditions:
• Is physically underground and cannot be visually inspected; and
• Conveys or transports a regulated substance stored in the AST; and
• Is located between the AST and the first vessel, tank or other piece of equipment (other than piping
components such as pumps, valves and the Dispensing System) that does not meet the definition of an
AST.
"Upgrade" or "Retrofit" means to modify an AST to meet standards contained in these Regulations.
"Upper Flammable Limit (UFL)" means the highest concentration of a flammable substance in which
combustion can propagate in the presence of an oxidant.
"Vault" means a structure that completely encloses the tank and must be constructed of materials compatible
with the Regulated Substance to be contained in the AST.
"Verifiable Service" means delivery of mail by means of a delivery service that provides verification upon
delivery.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
3.0 Reference Standards

3.1 Referenced Standards Organizations
3.1.1 The referenced standards listed in this Section have served in part as the basis for the standards enacted
under these Regulations. The most recent editions of the referenced standards are available for review
and inspection with prior notification at the Department of Natural Resources and Environmental Control,
Tank Management Section and from the following sources (addresses of the cited organizations are
subject to change):
3.1.1.1 American Petroleum Institute (API), 1220 L Street, N.W., Washington, D.C. 20005-4070, (202)
682-8375.
3.1.1.2 National Association of Corrosion Engineers (NACE), P. O. Box 218340, Houston, Texas 77218,
(713) 492-0535.
3.1.1.3 Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847) 272-
8800.
3.1.1.4 National Fire Protection Association (NFPA), Batterymarch Park, Quincy, MA 02269, (617)770-
3000.
3.1.1.5 American Society for Non-destructive Testing (ASNT), P.O. Box 28518, 1711 Arlington Lane,
Columbus, Ohio 43228-0518, (614-274-6003).
3.1.1.6 Steel Tank Institute (STI), 944 Donata Court, Lake Zurich, Illinois 60047, (847) 438-8265.
3.1.1.7 American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken,
Pennsylvania 19429-2959.
3.1.1.8 American Society of Mechanical Engineers (ASME), ASME International Two Park Avenue, New
York, NY 10016-5990, (800) 843-2763.
3.1.1.9 National Board Inspection Code, National Board of Boiler and Pressure Vessel Inspectors Testing,
1055 Crupper Drive, Columbus, OH 43229-1183, (614)888-8320.
3.1.1.10 United States Department of Labor, Occupational and Safety and Health Administration (OSHA),
200 Constitution Avenue, Washington, D.C. 20210.
3.2 Applicability
3.2.1 In these Regulations, all referenced standards mean the dition or version referenced in Part A of the
Regulations. The referenced standards apply to all ASTs without regard to or limitation by the application
or usage of the referenced standard as expected or specified by the publishers of the referenced
standards. For example, API 650 expressly applies only to tanks that contain petroleum, but as utilized in
these Regulations, API 650 applies to all ASTs. Where there is an irreconcilable conflict between a
standard or recommendation published by an industry or professional organization and referenced by
these Regulations, and a requirement in these Regulations, the most stringent shall apply and control.
Where there is an irreconcilable conflict between standards or recommendations published by industry or
professional organizations and referenced by these Regulations, the most stringent shall apply and
control.
3.3 Titles of Standards
3.3.1 American Petroleum Institute (API)
3.3.1.1 API Standard 570, Piping Inspection Code: In-Service Inspection, Rating, Repair, and Alteration,
of In-Service Piping Systems, 3rd Edition. November 2009.
3.3.1.2 API Standard 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks, 12th
Edition, 2013.
3.3.1.3 API Standard 650, Welded Steel Tanks for Oil Storage, 12th Edition, March 2013.
3.3.1.4 API Recommended Practice 651, Cathodic Protection of Aboveground Petroleum Storage Tanks,
September 2014 Edition.
3.3.1.5 API Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction, 4th Edition with
Addendum #1(2010), Addendum #2 (2012) and Addendum #3 (2013).
3.3.1.6 API Specification 12D, Specification for Field Welded Tanks for Storage of Production Liquid,
Edition 11, 2008.
3.3.1.7 API Standard 2000, Venting Atmospheric and Low Pressure Storage Tanks, 7th Edition, 2014.
3.3.1.8 API Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, 6th
Edition, April 2011.
3.3.1.9 API Recommended Practice 2015, Requirements for Safe Entry and Cleaning of Petroleum
Storage Tanks, 7th Edition, May 2014.
3.3.1.10 API Recommended Practice 2016, Guidelines and Procedures for Entering and Cleaning
Petroleum Storage Tanks, 1st Edition, 2001.
3.3.2 National Association of Corrosion Engineers (NACE)
3.3.2.1 NACE Standard Practice 0169-2013, Control of External Corrosion on Underground or
Submerged Metallic Piping Systems, 2013 Edition.
3.3.2.2 NACE Recommended Practice 0193-2011, External Cathodic Protection of On-grade Carbon
Steel Storage Tank Bottoms, 2011 Edition.
3.3.2.3 NACE Standard Practice 0294-2006, Design, Fabrication, and Inspection of Tanks for the Storage
of Concentrated Sulfuric Acid and Oleum at Ambient Temperatures, 2006 Edition.
3.3.3 Underwriters Laboratory, Inc. (UL)
3.3.3.1 UL142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, 9th
Edition, December 2006.
3.3.3.2 UL971, Standard for Nonmetallic Underground Piping For Flammable Liquids, 1st Edition, 1995
with revisions through March 2006.
3.3.3.3 UL2085, Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids, 2nd
Edition, December 1997.
3.3.4 National Fire Protection Association (NFPA)
3.3.4.1 NFPA 30, Flammable and Combustible Liquids Code, 2015 Edition
3.3.4.2 NFPA 303A, Automotive and Marine Service Station Code, 2011 Edition
3.3,4.3 NFPA 69, Standards on Explosion Prevention Systems, 2014 Edition.
3.3.4.4 NFPA 704, Standard for the Identification of the Fire Hazards of Materials for Emergency
Response, 2012 Edition.
3.3.4.5 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2015 Edition.
3.3.5 American Society for Non-destructive Testing (ASNT)
3.3.5.1 SNT-TC-1A, Personnel Qualifications and Certification in Nondestructive Testing, 2011 Edition.
3.3.5.2 ASNT, Central Certification Program NDT Level II, November 2010 Edition.
3.3.6 Steel Tank Institute (STI)
3.3.6.1 SP001, Standard for Inspection of In-Service Shop Fabricated Above Ground Tanks for Storage of
Combustible and Flammable Liquid, 5th Edition, September 2011.
3.3.6.2 SP031, Standard for Repair of Shop-Fabricated Aboveground age of Flammable and Combustible
Liquids, 4th Edition, November 2008.
3.3.7 American Society for Testing and Materials (ASTM)
3.3.7.1 ASTM D-2517, Standard Specification for Reinforced Epoxy Resin Gas Pressure Pipe and
Fittings, 2011 Edition.
3.3.7.2 ASTM D-2996, Standard Specification for Filament Wound Fiberglass (Glass-Fiber-Reinforced
Thermosetting Resin) Pipe, 2007 Edition.
3.3.7.3 ASTM D-2583-13A, Standard Test Method for Indentation Hardness of Rigid Plastics by Means of
a Barcol Impressor, 1996 Edition.
3.3.8 American Society of Mechanical Engineers (ASME)
3.3.8.1 ASME RTP-1 -2013, Reinforced Thermoset Plastic Corrosion Resistant Equipment, 2013 Edition.
3.3.8.2 ASME, Boiler and Pressure Vessel Code Section VIII, Division 1, Design & Fabrication of Pressure
Vessels, 2013 Edition.
3.3.8.3 ASME B31.1, Power Piping, 2014 Edition.
3.3.8.4 ASME B31.3, Process Piping. 2012 Edition.
3.3.8.5 ASME B31.4, Pipeline Transportation Systems for Liquids and Slurries. 2012 Edition.
3.3.9 National Board Inspection Code (NBIC)
3.3.9.1 National Board Inspection Code, Part 3, Repairs and Alterations, 2013 Edition.
3.3.10 Occupational Safety and Health Administration (OSHA)
3.3.10.1 OSHA, 29 CFR, 1910.1200, Occupational Safety and Health Standards, Toxic and Hazardous
Substances, Hazard Communication. May 2012.
7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
4.0 Tank Registration and Fees

4.1 Registration Requirements
4.1.1 Any person that owns or operates an AST, with the exception of those ASTs listed in Part A, subsection
1.2.2 shall register each AST with the Department utilizing an AST registration form provided by the
Department.
4.1.2 Annual payment of registration fees shall be made in accordance with Part A, Section 4.5 of these
Regulations, on or before February 1 of every year and until the Department receives a formal notice that
the AST has been removed or permanently closed or undergone a permanent change in contents in
accordance with these Regulations.
4.1.3 No person shall own or operate an AST unless the AST is registered with the Department
4.1.4 Any person who sells or otherwise transfers ownership of an AST shall notify the new Owner of the AST
registration requirements of Part A, of these Regulations.
4.1.5 The Owner shall sign and date all AST registration submittals.
4.1.6 The Owner shall notify the Department in writing of any significant change in the information presented on
the original registration form utilizing a form provided by the Department, including but not limited to
change of address, change of tank ownership, change of tank Operator, or a change in service at least ten
(10) days prior to the change.
4.1.7 Owners may provide notice for multiple ASTs at a single Facility using one AST registration form, but
Owners with ASTs located at more than one Facility must file a separate AST registration form for each
Facility.
4.1.8 Each registration form shall have attached a Safety Data Sheet (SDS) which complies with the definition of
such as contained in OSHA, 29 CFR, 1910.1200, Hazard Communication, with the exception of those
ASTs storing heating fuel, diesel, kerosene or gasoline.
4.1.9 ASTs that are not subject to an annual registration fee as specified in PART A, subsection 4.5 of these
Regulations, are not required to have their registrations renewed on an annual basis by the submittal of
any documentation. The AST registration remains in effect until the Department is notified of the AST’s
removal, permanent closure, permanent change in contents, or transfer of ownership.
4.2 Existing ASTs
4.2.1 Owners and Operators shall notify the Department of all existing ASTs that have contained a Regulated
Substance on or after January 1, 1992, by completing an AST registration form provided by the
Department and submitting the form to the Department by September 5, 2002.
4.3 Change In Service, Permanent Closure in Place, Emptying and Removal
4.3.1 The Owner and Operator of any AST which would become subject to these Regulations due to a Change
In Service shall comply with these Regulations before instituting the changed use.
4.3.2 Owners or Operators shall notify the Department utilizing a form provided by the Department prior to
Removing, Permanently Closing in Place, Emptying, or making a Change In Service to an AST. The
notification form must be received by the Department at least ten (10) days prior to beginning the removal
or permanent closure in place, emptying, or making a Change In Service to the AST, except in the case of
a retrofit or upgrade which shall require the notification as specified in PART A, subsection 4.6, unless
such action is in response to an imminent threat to human health, safety or the environment.
4.3.3 Removal or permanent closure in place or Change In Service of an AST without required notification of the
Department is prohibited.
4.3.4 Any change in the schedule of work for a Change In Service must be communicated to the Department in
writing a minimum of forty eight (48) hours prior to the new scheduled date of work.
4.3.5 The Owner shall notify the Department in writing of the actual date of completion of any Change In Service.
4.4 Transfer of Ownership
4.4.1 When a transfer of ownership of an AST occurs, the new Owner shall submit a completed registration form
all required Safety Data Sheets, and proof of compliance with the financial responsibility requirements in
PART D of these Regulations to the Department so that the Department shall receive these forms no later
than seventy two (72) hours after the transfer or in accordance with an alternate schedule approved by the
Department.
4.4.2 The seller or former Owner shall at the time of ownership transfer, deliver to the buyer and new Owner all
available documents and information relevant to the AST, including but not limited to:
4.4.2.1 Regulated Substance storage records;
4.4.2.2 Any approved plans for new installations;
4.4.2.3 Copies of registration forms;
4.4.2.4 Testing data and reports;
4.4.2.5 Reports documenting AST Permanent Closure in Place and Removal;
4.4.2.6 Tank lining specifications used, if applicable;
4.4.2.7 Monitoring reports;
4.4.2.8 Soil and groundwater sampling and laboratory chemical analyses reports;
4.4.2.9 Site assessment reports;
4.4.2.10 Equipment maintenance schedules and logs;
4.4.2.11 Repair records.
4.4.3 Any change in the structure of the AST Owner, including but not limited to any change in the corporate
form and any change in the form of the business entity, shall constitute a transfer of ownership.
4.5 Registration Fees
4.5.1 On or before February 1 of each calendar year, Owners and Operators of an AST shall submit to the
Department an annual per tank registration fee in accordance with Title 7 Del.C. Ch. 74A, The Jeffrey
Davis Aboveground Storage Tank Act, §7413A and the table in PART A, subsection 4.5.3 of these
Regulations.
4.5.2 A registration fee not received by the Department by October 1, 2002 or by February 1 of each calendar
year thereafter is subject to a late charge of 10% of the total fee.
4.5.3 Registration Fee Schedule
Tank Size Substance Stored Annual Fee
Greater than or equal to 12,499 gallons Regulated substance other $300.00

and less than 40,000 gallons than diesel, heating fuel or
kerosene
Greater than or equal to 40,000 gallons All regulated substance $750.00
Greater than or equal to 12,499 gallons Ag/Farm ASTs $300.00
and less than 40,000 gallons
Greater than or equal to 40,000 gallons Ag/Farm ASTs $750.00

4.5.4 No annual registration fee will be required if an AST is removed or permanently closed in place or
undergoes a permanent change in contents from a regulated substance to a non-regulated substance prior
to the February 1 deadline for payment of the registration fee. To qualify for this exemption, the registration
fee shall be assessed until the Owner or Operator of the AST has completed the requirements in these
Regulations for compliance with the notification and removal or permanent closure in place or permanent
change in contents requirements of these Regulations and the Department has received all required
sample results.
4.5.5 The initial AST registration fee shall not be assessed until the calendar year following the year in which the
AST installation is completed.
4.6 Retrofitting or Upgrading of ASTs
4.6.1 AST Owners and Operators shall notify the Department of all retrofits or upgrades of an AST utilizing a
form provided by the Department and include construction plans and supporting documents such as
equipment and manufacturer specifications, at least ten (10) days prior to beginning the retrofit or upgrade
work, or other schedule as approved by the Department.
4.6.2 If within the ten (10) day period, the required notification to the Department is completely satisfied, and
written approval from the Department has been received the retrofit or upgrade construction may proceed
without waiting for the expiration of the ten (10) days.
4.6.3 If within one (1) year after the receipt of the written approval from the Department the retrofit or upgrade
work has not commenced, the approval shall expire. The Owner may submit a new registration form and a
letter requesting an extension to the Department.
4.6.4 The retrofit or upgrade of the AST may proceed after the Department has issued written approval of the
retrofit or upgrade construction plans. The Department shall issue a formal letter of approval or denial
within ten (10) days of the Department’s receipt of the retrofit or upgrade notification. If the Owner does not
receive written notification from the Department within the ten (10) days the Owner may commence retrofit
or upgrade construction work provided that:
4.6.4.1 The Owner notifies the Department in writing of the date retrofit or upgrade construction work will
commence; and
4.6.4.2 The Owner shall recognize that any actions taken without prior approval is at the risk of the Owner
and does not absolve the Owner of the obligation to comply with all applicable requirements of the
Regulations.
8 DE Reg. 1167 (02/01/05)
17 DE Reg. 750 (01/01/14)
20 DE Reg. 815 (04/01/17)
5.0 Alternative Procedures Approval Requirements

5.1 Alternative Procedures
5.1.1 The Owner or Operator of an AST subject to the provisions of these Regulations may request in writing a
determination from the Department that any requirement of these Regulations shall not apply to such AST,
and shall request approval of an alternative procedure as required.
5.2 Requirements for Requesting an Approval of an Alternative Procedure
5.2.1 The Department in its discretion may approve alternative procedures or technology or a combination of
alternative procedures or technologies not specified in the Regulations. The alternative procedure request
shall be submitted in writing and shall set forth as a minimum the following information:
5.2.1.1 Name and location of the Facility and the specific AST(s) for which an alternative procedure is
sought; and
5.2.1.2 The specific provision of the Regulations for which an alternative procedure is sought; and
5.2.1.3 The contents of the AST; and
5.2.1.4 The basis for the alternative procedure, including but not limited to the technical difficulties that
would result from compliance with the established provision; and
5.2.1.5 The alternative procedure or technology for which approval is sought; and
5.2.1.6 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.
5.3 Department Response
5.3.1 The Department shall provide a written response within ninety (90) days to all requests for alternative
technology approvals. The written response shall state the Department’s justification for denial, approval,
or approval with conditions of the request. 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.
17 DE Reg. 750 (01/01/14)
20 DE Reg. 815 (04/01/17)
6.0 Information Access

6.1 Department Authority to Obtain Information
6.1.1 For the purpose of developing or assisting in the development of a standard regulation or of enforcement
of these Regulations, an Owner or Operator shall, upon the request of a duly designated officer or
employee of the State designated by the Secretary of the Department, furnish information relating to the
tank and/or its contents and shall permit the designated officer or employee at all reasonable times to have
access to and to copy all records relating to the tank or its contents and to conduct monitoring or require
remediation activities, pursuant to Title 7 Del.C. Ch. 74A,The Jeffrey Davis Aboveground Storage Tank
Act, §7406A, which the designated officer or employee deems necessary. For the purpose of developing
or assisting in the development of a standard or regulation or enforcement of these Regulations, the
designated officer or employee is authorized to:
6.1.1.1 enter at reasonable times the Facility or other place where an AST or its records are located. The
Owner or Operator shall permit unannounced inspections of tanks pursuant to these Regulations;
6.1.1.2 inspect and obtain samples of regulated substances from any person and to conduct monitoring of
tanks, contents, or surrounding soils, water, and/or air. An inspection shall be commenced and
completed with reasonable promptness;
6.1.1.3 document the site assessment, inspection or monitoring with photographs.
6.2 Requirements for Requests for Confidential Data Submission.
6.2.1 In submitting data under Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act, and
these Regulations, a person required to provide such data may:
6.2.1.1 Designate the data which the Owner or Operator believe is entitled to protections as business or
corporate; and
6.2.1.2 Submit such designated data separately from other data submitted under these Regulations.
6.3 Protection under United States Code Title 18 Section 1905
6.3.1 Any such records, reports or information obtained shall be entitled to protection under United States Code
Title 18 §1905, Disclosure of confidential information generally.
6.4 Confidential Business Information Designation and Freedom of Information Act Regulations
6.4.1 Any information submitted to the Department in which a confidential business information designation is
requested shall be subject to Part A, Section 8.0 of these Regulations and the Freedom of Information Act
Regulations adopted pursuant to 29 Del.C. Ch. 100 as amended.
7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
7.0 Release Preparedness Plan and Release Intervention

7.1 Release Preparedness Plan Requirements
7.1.1 The AST Owner or Operator must prepare a Release Preparedness Plan by June 11, 2005, for releases
from ASTs at the Facility. A copy shall be kept at the Facility at all times and be made immediately
available to the Department upon request. The Plan shall be designed to minimize hazards to human
health or the environment from fires, explosions, or any unplanned sudden or non-sudden Release of a
Regulated Substance to soil, surface water or ground water. The Plan shall contain the following
information:
7.1.1.1 A Facility map showing the location of buildings, ASTs and their stored products, and site utilities,
and
7.1.1.2 Emergency contact phone numbers (i.e. fire, police, DNREC, USCG, hospitals, environmental
contractors), and
7.1.1.3 The general location of area receptors and points of exposure such as natural resources, surface
water bodies, public and private supply wells, and residential communities, and
7.1.1.4 Fire, explosion and health and safety contingencies; and
7.1.1.5 Contaminated soil excavation, staging, treatment and disposal contingencies; and
7.1.1.6 Regulated substance removal, containment and recovery contingencies; and
7.1.1.7 The Plan shall include the actions Facility personnel shall take to respond to fires, explosions or
any unplanned sudden or non-sudden release of a regulated substance to air, soil or surface water
at the Facility; and
7.1.1.8 The Plan shall list names, addresses, and office phone numbers of all persons qualified to act as
emergency coordinator and this list shall be kept up to date. Where more than one person is listed,
one shall be named as primary emergency coordinator and others shall be listed in the order in
which they will assume responsibility as alternates. A Facility emergency coordinator shall be
available to respond at all times; and
7.1.1.9 The Plan shall include a list of all emergency equipment at the Facility (such as fire extinguishing
systems, spill control equipment, communications and alarm systems (internal and external), and
decontamination equipment), where this equipment is required. This list shall be kept up to date. In
addition, the Plan shall include the location and a physical description of each item on the list and
a brief outline of its capabilities; and
7.1.1.10 The Plan shall include an evacuation plan for Facility personnel where there is a possibility that
evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation,
evacuation routes, and alternate evacuation routes in cases where the primary routes could be
blocked
7.1.2 A Release Preparedness Plan formulated under the direction of another local, State or federal program or
a Facility emergency or operational plan that meets the objectives of this Section may be accepted by the
Department as proof of compliance with this Section.
7.1.3 The Release Preparedness Plan shall be reviewed and amended if:
7.1.3.1 Applicable regulations are revised.
7.1.3.2 The Plan fails after a release.
7.1.3.3 The Facility changes its design or operations.
7.1.3.4 The list of emergency coordinators changes.
7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
8.0 Submittal Of Confidential Information

8.1 Denial of Claim of Confidentiality
8.1.1 Any claim of confidentiality as to the name and address of applicants on any registration or notification
forms will be denied by the Department.
8.2 Requirements for Business Confidentiality Claim
8.2.1 A business confidentiality claim shall be asserted at the time of submission of the information or at the first
opportunity provided, and shall be asserted by a person claiming confidentiality, or the Department may
release the information without further notice to the person. Business information is entitled to confidential
treatment if:
8.2.1.1 The business has asserted a business confidentiality claim which has not expired by its terms, nor
been waived nor withdrawn, and
8.2.1.2 The business has satisfactorily shown that it has taken reasonable measures to protect the
confidentiality of the information and that it intends to continue to take such measures, and
8.2.1.3 The information is not, nor has been, reasonably obtainable without the business' consent by other
persons (other than governmental bodies) by the use of legitimate means (other than discovery
based on a showing of special need in a judicial or quasi-judicial proceeding), and
8.2.1.4 No statute specifically requires disclosure of the information, and
8.2.1.5 The business has satisfactorily shown that disclosure is likely to cause substantial harm to its
competitive position or the information is voluntarily submitted and its disclosure would likely impair
the Department's ability to obtain necessary information in the future.
8.3 Release of information to EPA
8.3.1 Any information to which this Section applies, which may be entitled to confidential treatment as
determined by the Department, may be released upon request to the United States Environmental
Protection Agency (EPA).
8.4 Confidentiality and Freedom of Information Act
8.4.1 Any information submitted to the Department in which a confidential business information designation is
requested shall be subject to Part A, Section 8.0 of these Regulations and the Freedom of Information Act
Regulations adopted pursuant to 29 Del.C. Ch. 100 as amended.
7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
9.0 Signage Requirements

9.1 Requirements for Hazard Labeling of ASTs
9.1.1 All ASTs with a capacity greater than 250 gallons and containing a regulated substance other than diesel,
heating fuel or kerosene shall be labeled using the hazard rating system in accordance with NFPA 704,
Standard for the Identification of the Fire Hazards of Materials for Emergency Response.
9.1.2 All ASTs with a capacity greater than 19,999 gallons containing diesel, heating fuel or kerosene shall be
labeled using the hazard rating system in accordance with NFPA 704, Standard for the Identification of the
Fire Hazards of Materials for Emergency Response.
9.2 Requirements for Labeling of Empty ASTs
heating fuel or kerosene shall be labeled with the word "Empty" if the tank contents have been removed.
9.2.2 All ASTs with a capacity greater than 19,999 gallons containing diesel, heating fuel or kerosene shall be
labeled with the word “Empty” if the tank contents have been removed.
9.3 Requirements for Labeling of Contents and Tank Identification Number of ASTs
Heating Fuel heating fuel or kerosene shall be labeled with the name of the tank contents or the name of
the chemical family associated with the tank contents and the tank identification number as noted on the
DNREC registration form.
9.3.2 All ASTs having a capacity greater than 19,999 gallons and containing diesel, heating fuel or kerosene
shall be labeled with the name of the tank contents or the name of the chemical family associated with the
tank contents and the tank identification number as noted on the DNREC registration form.
9.4 Compliance Date for Labeling of ASTs
9.4.1 All ASTs existing on February 1, 2006 that are required to have a label in accordance with the
requirements of PART A, subsection 9.1, PART A, subsection 9.2, or PART A, subsection 9.3 shall be
appropriately labeled by February 1, 2006.
9.4.2 All ASTs installed or brought into service after February 1, 2006 that are required to have a label in
accordance with the requirements of PART A, subsection 9.1, PART A, subsection 9.2, or PART A,
subsection 9.3 shall be appropriately labeled before regulated substance is stored in the AST.
9.5 Requirements for Labeling of Permanently Closed AST
9.5.1 All ASTs with a capacity greater than 250 gallons and contained a regulated substance other than diesel,
heating fuel or kerosene and which are permanently closed in accordance with the requirements of these
Regulations shall be labeled with the words Permanently Closed and the date of permanent closure within
thirty (30) days of the closure date, or for ASTs that were permanently closed prior to the most recent
effective date of these Regulations, labels must be affixed within ninety (90) days of the most recent
effective date of these Regulations.
9.5.2 All ASTs with a capacity greater than 19,999 gallons and contained diesel, heating fuel or kerosene and
which are permanently closed in accordance with the requirements of these Regulations shall be labeled
with the words Permanently Closed and the date of permanent closure within thirty (30) days of the closure
date, or for ASTs that were permanently closed prior to the most recent effective date of these
Regulations, labels must be affixed within ninety (90) days of the most recent effective date of these
Regulations
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
PART B INSTALLATION AND UPGRADE REQUIREMENTS FOR NEW AND EXISTING ASTS
1.0 New ASTs and AST Relocations

1.1 General Requirements for All New ASTs and AST Relocations
1.1.1 AST Owners and Operators shall notify the Department at least sixty (60) days prior to installation of all
proposed New ASTs or Relocated ASTs used for storing Regulated Substances. Notice shall specify as a
minimum:
1.1.1.1 the date of commencement of installation activities;
1.1.1.2 location including the address and a plan view dimensioned drawings of the Facility of sufficient
detail to locate the AST's with respect to the property lines and buildings or other structures
located on the property and showing the relation of the AST to the site and the site to the
surrounding area;
1.1.1.3 drawings, design data, and material cut sheets for the type of AST and piping Leak Detection
systems;
1.1.1.4 description of the Regulated Substance to be stored including, Safety Data Sheet which complies
with the definition of such as contained in OSHA, 29 CFR, 1910.1200, Hazard Communication,
with the exception of those ASTs storing heating fuel, diesel, kerosene or gasoline and CAS
registry number or numbers if available;
1.1.1.5 type of overfill protection device, including drawings and manufacturer specifications;
1.1.1.6 detail showing the proposed method of drawing of the secondary containment including the
calculations demonstrating the capacity;
1.1.1.7 the design drawing of the proposed Cathodic Protection System showing the layout, calculations
on the Cathodic Protection System, material cut sheets including anodes, cables, rectifier, hour
meter and backfill, as applicable;
1.1.1.8 description and drawings of the AST(s) and foundation to be installed, including dimensions,
capacity, material of construction, manufacturer's name and address, model number, supplier's
name and address, and any other information that completely describes the AST and foundation;
1.1.1.9 description of piping to be used, including pipe diameters, materials, connections, manufacturer
specifications and piping diagrams, as applicable;
1.1.1.10 any other information that shall accurately convey the intended AST configuration.
1.1.1.11 type of measuring gauge, and drawings and manufacturer specifications detailing the measuring
gauge;
1.1.1.12 drawings, design data, material cut sheets detailing the release prevention barrier;
1.1.1.13 drawings, design data, and calculations for all normal and emergency venting systems;
1.1.1.14 design data for exterior corrosion protection.
1.1.2 No new ASTs shall be constructed of wood or concrete after June 11, 2004.
1.1.3 Upon notification by the AST Owner or Operator, a review by the Department of the notification and
accompanying documents shall be made for compliance with the requirements for new ASTs or relocated
ASTs as applicable, and
1.1.3.1 A formal letter of approval or denial of the installation shall be issued by the Department to the
Owner and Operator within sixty (60) days of the Department's receipt of the installation
notification and supporting documentation as specified in PART B, subsection 1.1.
1.1.3.2 If a denial is issued, all required corrections and compliance with the new AST requirements or
relocated AST requirements, as applicable, shall be met before the installation can be approved.
1.1.3.3 If within the sixty (60) day notification period, the Department or its designee issued a formal letter
of approval, the installation of the AST may begin.
1.1.4 Approval letters shall be posted at the construction site at the Facility where the new AST installation or
AST relocation is in progress.
1.1.5 During construction, an Owner or Operator shall not cause or allow a substantial design change which is
not in accordance with the approved plans and all terms and conditions of the Department's approval.
1.1.6 The design Engineer of record shall approve in writing any and all substantial design changes and
resubmit to the Department for formal approval.
1.1.7 A formal approval of installation shall be valid for one year from the date of approval. If construction of the
AST is not initiated within one year of issuance of the Department's letter of approval, the Owner or
Operator shall request an extension in writing, including the cause for the delay and the expected date of
construction initiation, or the approval shall lapse. For the purpose of this rule, initiated shall mean
construction equipment commonly used in Facility or AST construction has been mobilized to the site and
that materials used in the construction of the Facility or AST have been delivered to the site and
construction has begun.
1.1.8 Department approval for installation of an AST shall not eliminate the need to obtain applicable approvals
and permits from the authority(ies) enforcing the State Fire Prevention Regulations, local building codes or
other State or Federal laws or regulations.
1.1.9 All ASTs, piping, appurtenances and secondary containment shall be compatible with the regulated
substance stored in the AST.
1.1.10 After the most recent Effective Date of these Regulations new ASTs shall not be installed within a
minimum distance of a one hundred and fifty (150) foot radius from a public or industrial well, unless
otherwise approved by the Department. A retrofit or upgrade of an AST shall not be considered a new
installation for the purposes of this section.
1.1.11 After the most recent Effective Date of these Regulations new ASTs shall not be installed within a
minimum distance of a one hundred (100) foot radius from a domestic well, unless otherwise approved by
the Department. A retrofit or upgrade of an AST shall not be considered a new installation for the purposes
of this section.
1.1.12 The Owner shall notify the Department in writing within seven (7) days after the date of final completion of
a new installation. The Department shall complete a final on-site inspection within ten (10) days of receipt
of the written notice of final installation completion. The Department shall issue written approval to operate
or send a letter detailing deficiencies within ten (10) days after the final Department on-site inspection. If
the Owner does not receive written notification from the Department within the ten (10) days, the Owner
may commence tank operations provided that:
1.1.12.1 The Owner notifies the Department in writing of the date tank operations will commence; and
1.1.12.2 The Owner shall recognize that any actions taken without prior approval is at the risk of the Owner
and does not absolve the Owner of the obligation to comply with all applicable requirements of the
Regulations.
1.2 Construction Permit Fees
1.2.1 The Department shall assess a one-time construction permit fee for a new AST based on the construction
fee table below for an AST constructed after June 11, 2004. Any Person required to pay a fee under Title
16 Del.C. Ch. 66, Fire Prevention, to the State Fire Marshal related to an AST shall receive a 10%
reduction in the construction permit fee.
Construction Permit Fee Schedule
Tank Size Substance Stored Construction Fee

Greater than or equal to 12,499 Regulated substance other
gallons and less than 40,000 than diesel, heating fuel or $1,500.00
gallons kerosene
Greater than or equal to 40,000
All regulated substance $3,750.00
gallons
$1,500.00 *Does not apply if
approved Best Management
gallons and less than 40,000 Ag/Farm ASTs
Practice is on file with the
gallons
Department
Ag/Farm ASTs $3,750.00
gallons
Note: An AST which was Out of Service or permanently closed prior to June 11, 2004 and is intended to be
placed into service is subject to the above construction permit fee schedule.
8 DE Reg. 1167 (02/01/05)
17 DE Reg. 750 (01/01/14)
20 DE Reg. 815 (04/01/17)
2.0 Design and Construction Requirements for New Metallic Field-Constructed ASTs
2.1 General Requirements for Design and Construction of New Metallic Field-Constructed ASTs
2.1.1 All new metallic Field-Constructed ASTs that will contain Regulated Substances shall:
2.1.1.1 Be of welded construction.
2.1.1.2 Meet or exceed the following design or manufacturing standards, as applicable:
2.1.1.2.1 API Standard 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks;
2.1.1.2.2 API Standard 650, Welded Tanks for Oil Storage;
2.1.1.2.3 API Standard 12D, Specification for Field Welded Tanks for Storage of Production Liquids;
2.1.1.2.4 NACE SP0294; Design, Fabrication, and Inspection of Tanks for the Storage of Concentrated
Sulfuric Acid and Oleum at Ambient Temperatures;
2.1.1.2.5 NFPA 30, Flammable and Combustible Liquids Code;
2.1.1.2.6 Other standards approved by the Department.
2.1.2 All metallic Field-Constructed ASTs installed after June 11, 2004 shall have a suitable foundation capable
of supporting the AST full of product or the test media without excessive differential settlement as defined
in API 653. The foundation design and construction shall be based on sound engineering practices. The
foundation design shall provide positive drainage of water away from the base. ASTs located in areas
subject to flooding shall be protected from flotation.
2.1.3 All metallic Field-Constructed ASTs installed after June 11, 2004 with tank bottoms in contact with soil
shall be protected from corrosion in accordance with Part B, Section 5.0.
2.1.4 All metallic Field-Constructed ASTs installed after June 11, 2004 shall be placed on a release prevention
barrier. The integrity of the release prevention barrier shall not deteriorate due to exposure to the elements
or soil in the presence of regulated substances. The following are acceptable release prevention barriers:
2.1.4.1 An impervious soil layer or geosynthetic clay liner with a permeability of 1 x 10-7 cm/sec or less; or
2.1.4.2 An impervious geosynthetic liner installed in accordance with manufacturer's recommendations
such as a 60 mil unreinforced liner, 40 mil reinforced liner, or a material of similar or more stringent
specifications that is compatible with the Regulated Substance being stored; or
2.1.4.3 A double bottom with Leak Detection monitoring for the presence of a leak of a regulated
substance; or
2.1.4.4 An impervious concrete slab foundation.
2.1.5 All metallic Field-Constructed ASTs installed after June 11, 2004 shall have secondary containment
installed in accordance with PART B, Section 7.0.
2.1.6 All metallic Field-Constructed ASTs installed after June 11, 2004 shall have base line data including:
2.1.6.1 Floor and wall/shell thickness measurements which shall be kept on file by the Owner for the life of
the AST and which shall be made available to the Department upon request.
2.1.6.2 Material certifications which shall be kept on file by the Owner for the life of the AST and which
shall be made available to the Department upon request.
2.1.7 A report including the welding procedures, welding certification reports, and any non-destructive testing
performed on the AST shall be kept on file by the Owner for the life of the AST and which shall be
submitted to the Department prior to placing the AST in service.
2.1.8 All metallic Field-Constructed ASTs installed after June 11, 2004 constructed for the purpose of storing
sulfuric acid or Spent Acid or Spent Caustic or other regulated substances with similar corrosive
properties, shall be subject to additional design consideration including but not limited to NACE Standard
SP0294, material compatibility, coating requirements and additional non-destructive examination (NDE).
2.1.9 All metallic Field-Constructed ASTs installed after June 11, 2004 shall provide a method of leak detection
in accordance with PART B, Section 9.0.
2.1.10 All metallic Field-Constructed ASTs installed after June 11, 2004 shall be equipped with an overfill
prevention and spill containment system in accordance with PART B, Section 8.0.
2.1.11 All ASTs regulated under this Section shall be equipped with normal and emergency venting in
accordance with API 2000 and NFPA 30.
2.1.12 All metallic Field-Constructed ASTs installed after June 11, 2004 shall be inspected and tested in
accordance with API 650 or the design standard(s) under which the AST was constructed as applicable
before being placed In Service.
2.1.13 All exposed exterior surfaces of all metallic Field-Constructed ASTs installed after June 11, 2004 shall be
protected from corrosion.
2.1.14 The completed installation of all metallic Field-Constructed ASTs installed after June 11, 2004 is to be
inspected and certified by a Certified API 653 Inspector.
20 DE Reg. 815 (04/01/17)
3.0 Design and Construction Requirements for New Metallic Shop-Fabricated ASTs
3.1 General Requirements for Design and Construction of New Metallic Shop-Fabricated ASTs
3.1.1 All new metallic Shop-Fabricated ASTs that will contain regulated substances shall meet or exceed the
following design or manufacturing standards, as applicable:
3.1.1.1 UL 2085, Protected Aboveground Tanks for Flammable and Combustible Liquids;
3.1.1.2 UL 142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids;
3.1.1.3 API 650 Annex J, Shop-Assembled Storage Tanks;
3.1.1.4 NFPA 30, Flammable and Combustible Liquids Code;
3.1.1.5 ASME, Boiler and Pressure Vessel Code, Section VIII, Division I, Design & Fabrication of Pressure
Vessels;
3.1.1.6 Other standards approved by the Department.
3.1.2 All metallic shop-fabricated ASTs installed after June 11, 2004 shall have a suitable foundation capable of
supporting the AST full of regulated substance or the test media without excessive differential settlement
as defined in API 653 or manufacturer's recommendation. The foundation design and construction shall be
based on sound engineering practices. The foundation design shall provide positive drainage of water
away from the base. ASTs located in areas subject to flooding shall be protected from flotation.
3.1.3 All metallic shop-fabricated ASTs installed after June 11, 2004 with tank bottoms in contact with soil shall
be protected from corrosion in accordance with PART B, Section 5.0.
3.1.4 All metallic Shop-Fabricated ASTs installed after June 11, 2004 shall be placed on a release prevention
barrier. The integrity of the Release Prevention Barrier shall not deteriorate due to exposure to the
elements or soil in the presence of regulated substances. The following are acceptable release prevention
barriers:
3.1.4.1 An Impervious soil layer, or geosynthetic clay liner with a permeability of 1x10-7 cm/sec or less; or
3.1.4.2 An Impervious geosynthetic liner installed in accordance with manufacturer's recommendations
specifications that is compatible with the Regulated Substance being stored; or
3.1.4.3 A double bottom or double wall with Leak Detection monitoring for the presence of a leak of a
regulated substance; or
3.1.4.4 An impervious concrete slab foundation; or
3.1.4.5 An AST that is in a saddle or other suitable support may utilize steel containment.
3.1.5 All metallic Shop-Fabricated ASTs installed after June 11, 2004 shall have secondary containment
installed in accordance with PART B, Section 7.0.
3.1.6 Installation of all metallic Shop-Fabricated ASTs installed after June 11, 2004 constructed for the purpose
of storing sulfuric acid, Spent Acid or Spent Caustic or other regulated substances with similar corrosive
properties shall be subject to additional design consideration including but not limited to NACE Standard
SP0294, material compatibility, coating requirements and additional non-destructive examination (NDE).
3.1.7 All metallic Shop-Fabricated ASTs installed after June 11, 2004 shall provide a method of leak detection in
accordance with PART B, Section 9.0.
3.1.8 All metallic Shop-Fabricated ASTs installed after June 11, 2004 shall be equipped with an overfill
prevention and spill containment system in accordance with PART B, Section 8.0.
3.1.9 All metallic shop-fabricated ASTs installed after June 11, 2004 shall be equipped with normal and
emergency venting in accordance with API 2000, NFPA 30, UL 142 and UL 2085, as applicable.
3.1.10 All metallic shop-fabricated ASTs installed after June 11, 2004 shall be tested in accordance with industry
standards and manufacturer's recommendations before being placed in service.
3.1.11 All exposed exterior surfaces of all metallic shop-fabricated ASTs installed after June 11, 2004 shall be
protected from corrosion.
3.1.12 The completed installation of every metallic shop-fabricated AST installed after June 11, 2004 is to be
inspected and certified by an inspector familiar with Shop-Fabricated ASTs such as certified STI-SP001
Inspectors and qualified by experience for such inspections.
3.1.13 All metallic Shop-Fabricated ASTs installed after June 11, 2004 shall have base line data including:
shall be submitted to the Department prior to placing the AST in service.
3.1.13.3 A report including the welding procedures, welding certification reports, and any non-destructive
testing performed on the AST shall be kept on file by the Owner for the life of the AST and which
7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
4.0 Design and Construction Requirements for New Non-Metallic Shop-Fabricated and Field-Constructed
ASTs
4.1 General Requirements for Design and Construction of New Non-Metallic Shop-Fabricated and Field-
Constructed ASTs
4.1.1 All new non-metallic ASTs shall be designed, fabricated, inspected, stamped and installed in accordance
with ASME, RTP-1 Reinforced Thermoset Plastic Corrosion Resistant Equipment.
4.1.2 No new ASTs shall be constructed of wood or concrete after June 11, 2004.
4.1.3 Flammable substances shall not be stored in non-metallic ASTs without specific approval from the
Department.
4.1.4 All non-metallic ASTs installed after June 11, 2004 shall have a suitable foundation capable of supporting
the AST full of regulated substance or the test media without excessive differential settlement as defined in
API 653 or manufacturer's recommendations. The foundation design and construction shall be based on
sound engineering practices. The foundation design shall provide positive drainage of water away from the
base. ASTs located in areas subject to flooding shall be protected from flotation.
4.1.5 All non-metallic ASTs installed after June 11, 2004 shall be placed on a release prevention barrier. The
integrity of the release prevention barrier shall not deteriorate due to exposure to the elements or soil in the
presence of regulated substances. The following are acceptable release prevention barriers:
4.1.5.1 An impervious soil layer, or geosynthetic clay liner with a permeability of 1x10-7 cm/sec or less; or
4.1.5.2 An impervious geosynthetic liner installed in accordance with manufacturer’s recommendations
specifications and that is compatible with the regulated substance being stored; or
4.1.5.3 A double bottom or double wall with Leak Detection monitoring for the presence of a leak of a
regulated substance; or
4.1.5.4 An impervious concrete slab foundation.
4.1.6 All non-metallic ASTs installed after June 11, 2004 shall have secondary containment installed in accordance
with PART B, Section 7.0.
4.1.7 All non-metallic ASTs installed after June 11, 2004 shall have base line data including:
4.1.8 Installation of all non-metallic ASTs installed after June 11, 2004 constructed for the purpose of storing
sulfuric acid, Spent Acid or Spent Caustic or other regulated substances with similar corrosive properties
shall be subject to additional design consideration including but not limited to NACE SP0294, material
compatibility, coating requirements and additional non-destructive examination (NDE).
4.1.9 All non-metallic ASTs installed after June 11, 2004 shall provide a method of leak detection in accordance
with PART B, Section 9.0.
4.1.10 All non-metallic ASTs installed after June 11, 2004 shall be equipped with an overfill prevention and spill
containment system in accordance with PART B, Section 8.0.
4.1.11 All non-metallic ASTs installed after June 11, 2004 shall be equipped with normal and emergency venting
in accordance with API 2000 and NFPA 30.
4.1.12 All non-metallic ASTs installed after June 11, 2004 shall be tested in accordance with industry standards
and manufacturer’s recommendations before being placed in service.
4.1.13 All exposed exterior surfaces of non-metallic ASTs installed after June 11, 2004 shall be protected from
corrosion or deterioration.
4.1.14 The completed installation of all non-metallic ASTs installed after June 11, 2004 shall be inspected in
accordance with ASME RTP-1 and the NBIC, Part 3 Supplement 4.
7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
5.0 Design and Installation Requirements for Cathodic Protection Systems for ASTs
5.1 General Requirements for Design and Installation of Cathodic Protection Systems for AST
5.1.1 All New metallic ASTs including double bottom ASTs installed on foundations consisting of sand, soil or
other material that can allow moisture penetration and corrosion, shall install a Cathodic Protection System
to mitigate external corrosion of the tank bottom.
5.1.2 A Cathodic Protection System for the external bottom of a New or Existing metallic AST shall be designed,
installed, inspected and maintained to meet or exceed the requirements of the most recent edition of the
following industry standards, as applicable:
5.1.2.1 NACE Standard SP0193 External Cathodic Protection of On-Grade Carbon Steel Storage Tank
Bottoms;
5.1.2.2 API Recommended Practice 651 - Cathodic Protection of Aboveground Petroleum Storage Tanks;
5.1.2.3 NACE Standard SP0169 - Control of External Corrosion on Underground or Submerged Metallic
Piping Systems
5.2 Required Qualifications of Personnel Designing Cathodic Protection Systems
5.2.1 Cathodic Protection Systems shall be designed by individuals who have obtained a NACE Cathodic
Protection Specialist Certification and have relevant work experience in the design of Cathodic Protection
Systems for ASTs.
5.3 Design and Installation Requirements for Cathodic Protection Systems
5.3.1 Cathodic Protection Systems shall be installed at the time of installation or upgrade of a metallic AST and
shall be operational at the completion of the new installation or upgrade, or other schedule as approved by
the Department.
5.3.2 Each Cathodic Protection System shall be designed and installed with test stations or other methods to
enable the Owner or Operator to monitor the operation of the Cathodic Protection System.
5.3.3 Consideration for monitoring the cathodic protection status of the underside of the AST bottom shall be
provided for in the design.
5.3.4 Cathodic Protection Systems shall be designed to provide corrosion protection for the expected active life
of the AST or have provisions to allow for the periodic rehabilitation of the Cathodic Protection System.
5.3.5Measurements of AST to soil potential shall be made no sooner than sixty (60) days and no later than one
hundred and eighty (180) days after installation of the Cathodic Protection System in accordance with the
requirements of PART C, Section 5.0.
5.4 Cathodic Protection Criteria
5.4.1 The criteria for determining the effectiveness of cathodic protection shall be as indicated in NACE SP0193.
20 DE Reg. 815 (04/01/17)
6.0 Design, Construction, and Repair Requirements for Underground Piping

6.1 General Requirements for New Underground Piping
6.1.1 All underground piping installed after June 11, 2004 shall comply with the requirements of this Section.
6.1.2 All underground piping, fittings and connections that are either in contact with the regulated substance or
completely buried shall:
6.1.2.1 Be constructed of fiberglass reinforced epoxy, carbon steel, thermoplastic material extrusions,
stainless steel, or galvanized steel; or
6.1.2.2 Be constructed of other materials as approved by the Department.
6.1.3 All underground piping and piping secondary containment materials shall be compatible with the
Regulated Substance that is to be stored in the AST.
6.1.4 The underground piping layout shall be designed to minimize crossed lines and interference with conduit
and other AST components. If crossing of lines is unavoidable, adequate clearance shall be provided to
prevent contact.
6.1.5 All fill pipes leading to a pump-filled AST shall be equipped with a properly functioning check valve or
equivalent device which provides automatic protection against backflow whenever the piping arrangement
of the fill pipe is such that backflow from the AST is possible.
6.1.6 Each AST connection through which a regulated substance can normally flow shall be equipped with an
operating isolation valve to control flow unless the AST connection is located at a point higher than the
highest liquid level in the AST, such as at the top of a horizontal AST. The valve shall be located on a
nozzle welded to the shell of the AST.
6.1.7 Pipe joints shall be cut accurately and deburred to provide liquid-tight seals. No threaded or flanged
connections shall be in contact with the soil.
6.1.8 New underground piping systems shall be designed, constructed, and installed with access and isolation
points to permit pressure testing of piping without the need for excavation.
6.1.9 Copper or brass tubing or malleable iron shall not be used in AST underground piping.
6.1.10 All new underground piping shall be tested in accordance with API 570 prior to introduction of any
regulated substance into the piping.
6.1.11 Metallic underground piping that penetrates earthen or concrete dike walls or other structures shall be
sleeved and electrically isolated from the sleeve.
6.2 Requirements for New Non - Metallic Underground Piping
6.2.1 New Non-metallic underground piping shall be designed and constructed in accordance with:
6.2.1.1 ASTM Specification D-2996, Standard Specification for Filament Wound RTRP; and
6.2.1.2 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
6.2.2 The ultimate shear strength of all adhesive and curing agents shall be in compliance with ASTM D-2517,
as approved and supplied by the manufacturer.
6.2.3 Thermoplastic extrusion flexible underground piping shall be designed and constructed in accordance
with:
6.2.3.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
6.2.4 Other non-metallic underground piping may be approved by the Department.
6.3 Requirements for New Steel Underground Piping
6.3.1 New Steel Underground Piping:
6.3.1.1 shall be standard weight or heavier; and
6.3.1.2 shall be installed in accordance with:
6.3.1.2.1 API Recommended Practice 1615, Installation of Underground Petroleum Storage Systems;
and
6.3.1.2.2 ASME B31.1, Power Piping; and
6.3.1.2.3 ASME B31.3, Process Piping; and
6.3.1.2.4 ASME B31.4, Pipeline Transportation Systems for Liquids and Slurries; and
6.3.1.3 shall have a protective coating and be cathodically protected in accordance with PART B,
subsection 6.5; or
6.3.1.4 shall have non-metallic secondary containment; or
6.3.1.5 shall have metallic secondary containment that shall have protective wrapping or dielectric coating
and shall be cathodically protected by an Impressed Current Cathodic Protection System or
Sacrificial Anode Cathodic Protection System unless the metallic secondary containment is not in
contact with the soil and is in a non-corrosive environment; or
6.3.1.6 shall not require the addition of cathodic protection if the steel Underground Pipe is not in contact
with the soil and is in a non-corrosive environment.
6.4 Requirements for New Other Metallic Underground Piping
6.4.1 Metallic underground piping other than steel shall:
6.4.1.1 be schedule 40 or heavier thickness; and
6.4.1.2 be approved by the Department prior to installation.
6.5 Requirements for Corrosion Protection for New Steel Underground Piping
6.5.1 Corrosion protection for steel underground piping in contact with the soil shall:
6.5.1.1 consist of a Sacrificial Anode Cathodic Protection System or an Impressed Current Cathodic
Protection System designed, fabricated, and installed in accordance with nationally recognized
standards including but not limited to API RP651, and NACE SP0169; and
6.5.1.2 have a Cathodic Protection System designed by individuals who have obtained a NACE Cathodic
Protection Specialist Certification and have relevant work experience in the design of Cathodic
Protection Systems for Underground Piping; and
6.5.1.3 be designed to provide corrosion protection for the expected active life of the AST system or have
provisions to allow for the periodic rehabilitation of the Cathodic Protection System; and
6.5.1.4 have a test station or other method of monitoring which enables the Operator to confirm that the
Cathodic Protection System is operating properly.
6.5.2 Measurements of Underground Pipe-to-soil potential shall be made no sooner than sixty (60) days and no
later than one hundred and eighty (180) days after installation of the Cathodic Protection System in
accordance with the requirements of PART C, Section 5.0.
6.6 Requirements for Backfill Material for New Underground Piping Installations
6.6.1 Backfill material adjacent to the underground piping shall consist of sand or pea gravel. The material shall
be clean, washed, inert, free flowing, homogeneous, well granulated, non-corrosive, and free of debris,
rock, ice, snow or organic material. Particle length shall be no more than 3/8-3/4" in size and shall comply
with the manufacturer's specifications. Mixing of the backfill adjacent to the underground pipe with native
substance and/or foreign objects is prohibited.
6.7 Repair Requirements for Underground Piping
6.7.1 Any repairs to Underground Pipe shall be made to equal or exceed standards of the original condition of
the underground piping.
6.7.2 An Owner or Operator may repair holes in underground pipe and fittings with repair methods that include
but are not limited to patching, welding, or clamping and that are made in accordance with manufacturer’s
specifications and applicable industry standards as a temporary repair not to exceed thirty (30) days. After
thirty (30) days with a temporary repair the underground piping shall be permanently repaired or shall be
taken Out of Service.
6.7.3 Permanent repairs shall be:
6.7.3.1 Replacement of the affected section of underground pipe, or
6.7.3.2 Full welded encirclement of the affected section of underground pipe.
20 DE Reg. 815 (04/01/17)
7.0 Design and Construction Requirements for Secondary Containment and Spill Containment for New ASTs
7.1 General Requirements for Secondary Containment for ASTs.
7.1.1 Secondary containment shall be required for all New ASTs constructed after June 11, 2004.
7.1.2 Secondary containment shall not be used to store materials. The secondary containment shall be used to
collect spills or leaks, which shall then be promptly removed, in accordance with appropriate disposal and
safety procedures.
7.1.3 If not roofed or otherwise protected from the accumulation of precipitation, the secondary containment
area shall be equipped with a manually-controlled pump or siphon or a gravity drain pipe which has a
manually-controlled valve, to remove precipitation that collects within the secondary containment system
to a Department approved location.
7.1.4 Secondary containment shall be designed and constructed to retain any regulated substance that leaves
the primary containment including an AST and ancillary piping and prevent any regulated substance from
reaching the surface water, groundwater, or adjacent land before cleanup occurs.
7.1.5 All drainage valves located within the secondary containment system shall remain closed at all times
except during controlled drainage events. Secondary containment systems may be equipped with
regulated substance sensors that shall automatically close all drainage valves in the event of a leak with
prior approval of the Department.
7.1.6 ASTs installed between June 11, 2004 and the most recent effective date of these Regulations, shall have
all regulated substance transfer areas equipped with a spill containment system capable of containing and
collecting those spills and overfills and preventing a release where filling connections are made with
vehicles.
7.1.7 All regulated substance transfer areas where filling connections are made with vehicles shall be capable of
containing and collecting 110% of the volume of the largest compartment of the largest vehicle that may be
utilized and preventing a Release for all new ASTs installed and for all ASTs brought into service after the
most recent effective date of these Regulations,
7.2 Secondary Containment Options for ASTs
7.2.1 Requirements for Diking Configuration as secondary containment
7.2.1.1 Dikes shall be constructed of materials compatible with the contents of the AST and which shall
retain any Regulated Substance that leaves the primary containment including an AST and
ancillary piping and prevent any regulated substance from reaching the surface water,
groundwater, or adjacent land before cleanup occurs.
7.2.1.2 There shall be no openings or unsealed penetrations of the walls or floor of the dike. Any
exceptions will be AST specific and shall require Department approval.
7.2.1.3 All dikes shall have a minimum capacity to contain 110% of the volume of the largest AST within
the diked area or 100% of the volume of the largest AST plus six inches of freeboard for
precipitation, regardless of engineering controls or design.
7.2.1.4 The extent of the diked area shall be sufficient to capture overflows, splashing caused by
overfilling and/or the trajectory of sidewall leaks.
7.2.1.5 Sumps shall be installed as part of all dikes and the dike floors sloped to the sumps to enhance
material removal.
7.2.1.6 Pumps which are permanently installed for the removal of collected material to areas outside the
dike area shall be locked in the off position when not in use and shall be monitored when in use to
avoid discharging regulated substances to the environment. Portable pumps which are used for
the removal of collected material to areas outside of dikes shall be monitored while in use to avoid
discharging regulated substances to the environment. Pumps which discharge material back to the
ASTs within the diked area need not be locked when not in use, but pumps which pump in either
direction shall have valve locks to control discharges outside the dike, and when discharging
outside the dike shall be monitored.
7.2.1.7 An inspection and maintenance plan shall be developed to periodically review the condition of the
secondary containment system.
7.2.1.8 A permanent walkway, stairway or ramp shall provide access to prevent dike wall degradation.
7.2.2 Requirements for Curbing/Paving as Secondary Containment
7.2.2.1 The paving/curbing combination, to be considered secondary containment, shall have a minimum
capacity to contain 110% of the volume of the largest AST, or 100% of the volume of the largest
AST plus six inches of freeboard for precipitation, or be able to direct spilled or leaked materials to
a containment structure that meets these requirements, regardless of engineering controls or
design.
7.2.2.2 The curbing and/or paving shall be constructed of materials compatible with the contents of the
ASTs around which they are installed. If necessary, the curbing and paving shall be coated with a
protective material.
7.2.2.3 To provide a liquid tight seal, curbing shall be installed as either part of the paving (integrally
poured) or, if installed later, shall have a liquid barrier included in the installation.
7.2.2.4 The extent of the curbed area shall be sufficient to capture overflows, splashing caused by
overfilling and/or the trajectory of sidewall leaks.
7.2.2.5 Sumps shall be installed as part of all curbs and the floors sloped to the sumps to enhance
material removal.
7.2.3 Requirements for Underground Vaults as Secondary Containment
7.2.3.1 A Vault shall completely enclose the AST and shall be constructed of materials compatible with the
regulated substance to be contained in the AST and shall have a minimum capacity to contain
110% of the volume of the largest AST.
7.2.3.2 All lines to and from ASTs installed in Vaults shall pass through the roof of the Vault. No lines shall
penetrate the walls or floor of the Vault.
7.2.3.3 Each AST shall have its own Vault. Adjacent ASTs may share common walls.
7.2.3.4 Vaults shall be designed according to sound engineering practices.
7.2.3.4.1 The floor shall be designed and constructed to withstand stress resulting from fully loaded
ASTs within the Vault.
7.2.3.4.2 The top, walls, and floor shall be designed to withstand the anticipated loading including
loading from traffic, soil, and groundwater.
7.2.3.4.3 The Vault shall be constructed to be liquid tight.
7.2.3.5 The AST and Vault shall be suitably anchored to withstand uplifting by either water or a regulated
substance, including when the AST is empty.
7.2.3.6 The only openings in a Vault are those necessary for access, inspection, filling, emptying and
venting of the AST.
7.2.3.7 There shall be no backfill around the AST and there shall be sufficient space between the AST and
the vault to allow inspection of the AST and equipment. ASTs designed for underground use shall
not be used in Vaults.
7.2.3.8 Each vault shall be equipped with Continuous Leak Detection and be capable of detecting vapors
and liquids.
7.2.3.9 A means to admit a suitable fire suppression agent shall be provided for each vault that contains
flammable or combustible substances.
7.2.3.10 Each vault shall have a means for personnel entry.
7.2.4 Requirements for Double-walled ASTs as Secondary Containment
7.2.4.1 A double walled AST may be used to fulfill the requirements for secondary containment if the AST
is installed with all of the following:
7.2.4.1.1 Overfill prevention as required in PART B, Section 8.0; and
7.2.4.1.2 Leak detection as required in PART B, Section 9.0; and
7.2.4.1.3 Where an AST roof is involved, the outer wall of the double walled AST shall be designed to
contain 100% of the volume of the AST. If there is an open top, the total containment shall be
constructed to contain 110% of the volume of the largest AST within the system or 100% of the
volume of the largest AST plus six inches of freeboard for precipitation, regardless of
engineering controls or design.
7.2.4.2 The outer containment wall shall be compatible with and capable of containing the regulated
substance stored.
7.2.5 Requirements for Secondary Containment External Liners
7.2.5.1 Secondary containment external liners shall be constructed and maintained to retain any
Regulated Substance that leaves the primary containment including an AST and Ancillary Piping
and prevent any Regulated Substance from reaching the surface water, groundwater, or adjacent
land before cleanup occurs for the operational life of the ASTs.
7.2.5.2 External lining materials shall be compatible with the regulated substance stored in the AST.
7 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
8.0 Design and Installation Requirements for Overfill and Spill Prevention
8.1 General Requirements for Design and Installation of Overfill and Spill Protection
8.1.1 Owners or Operators shall institute safe fill, shutdown and transfer procedures or equivalent measures
established by the Department, that shall ensure that spills resulting from AST overfills or other Regulated
Substance transfer operations do not occur.
8.1.2 Overfill equipment shall be installed on all ASTs constructed after the most recent date of promulgation of
these Regulations.
8.1.3 Overfill equipment shall be installed on all ASTs reactivated per PART B, Section 16.3 after the most
recent date of promulgation of these Regulations.
8.1.4 Receipts of Regulated Substance shall be authorized by the Operator, or Facility personnel trained by the
Operator or Owner. The authorizing person shall ensure the volume available in the AST(s) is greater than
the volume of Regulated Substance to be transferred to the AST(s) before the transfer operation
commences. The Operator shall ensure that all AST fill valves not in use are secured and that only the
AST(s) designated is receiving Regulated Substance. The Operator shall ensure that the transfer
operation is monitored either by manual or automatic means to prevent an overfill.
8.1.5 If the transfer operations are not being continuously monitored by a transfer Operator appropriately trained
in safe transfer procedures, the AST shall be equipped with overfill prevention equipment that shall
automatically shut off the flow into the AST when the AST is no more than 95% full or other safe fill level
approved by the Department. All automatic shutoff equipment shall be equipped with a fail-safe
mechanism that shall function in the event of power failure, malfunction or similar event.
8.1.6 If the transfer operations are being continuously monitored by a transfer operator appropriately trained in
safe transfer procedures, the AST shall be equipped with a high level alarm or other automatic mechanism
approved by the Department, that shall immediately alert the Operator to prevent an overfill event.
8.1.6.1 The high level alarm shall be monitored continuously and upon alert the Operator shall implement
safe shut down procedures to prevent an overfill.
8.1.6.2 The alarm shall consist of a visual and audible device capable of alerting the transfer Operator
both by sight and hearing, to prevent an overfill situation. If the Operator is in a surveillance
station, this alarm shall cause a warning light and audible signal in that station to activate. In
addition, this system shall alarm on failure, malfunction or power loss.
8.1.7 If installed, an automatic shutdown system utilized during transfer of a regulated substance shall include
the capability to direct the flow of a regulated substance to another AST capable of receiving the
transferred regulated substance or the capability to shut down the pumping or transfer system.
8.1.8 All ASTs shall be equipped with a gauge or other measuring device that is readily visible and accurately
indicates the level of the regulated substance or quantity of the regulated substance in the AST.
8.1.9 The overfill prevention and measuring device shall operate independently of each other.
20 DE Reg. 815 (04/01/17)
9.0 Leak Detection Requirements for New ASTs

9.1 General Requirements for Leak Detection
9.1.1 A leak of regulated substances shall be detected and contained before contamination of soil outside the
containment area or water resources occurs.
9.1.2 New ASTs shall have a method, or combination of methods, of leak detection that can detect a leak from
any portion of the AST. Leak detection methods shall be separate from the method utilized to comply with
the requirements for overfill prevention in PART B, Section 8.
9.1.3 Leak detection methods shall be installed, calibrated, tested, operated and maintained in accordance with
the manufacturer's instructions, including routine maintenance checks for operability to ensure that the
device is functioning as designed.
9.1.4 All manufacturers' instructions, and the performance claims and their manner of determination described in
writing by the equipment manufacturer or installer shall be retained at the Facility for the life of the AST.
9.1.5 Leak detection systems require approval by the Department prior to installation. A leak detection response
level shall be described in writing for each method or combination of methods of leak detection used for an
AST.
9.1.6 The leak detection method or combination of methods used shall be capable of being inspected at least
every seven (7) days to determine if a leak from the AST has occurred.
9.1.7 Any interstitial spaces, including but not limited to those located in double-walled ASTs, double-walled
piping, and double bottoms that are installed as part of a new or an upgraded AST, shall be equipped with
interstitial monitoring equipment capable of detecting a discharge of a regulated substance into the
interstitial space under all operating conditions.
9.1.8 The requirements of PART B, subsection 9.1.2, PART B, subsection 9.1.6 and PART B, subsection 9.1.7
shall not apply to double-walled ASTs that are not in contact with the soil and that additionally meet the
requirements for secondary containment in accordance with PART B, Section 7.0.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
10.0 Relocation, Repairs and Modifications Requirements for ASTs

10.1 General Requirements for Relocation, Repairs and Modifications
10.1.1 Repairs, modifications and relocations shall be performed, inspected and tested in accordance with API
653 or STI-SP001 or STI-SP031 or NACE SP0294 or ASME RTP-1 as applicable or other standards
approved by the Department.
10.2 Additional Requirements for Relocated ASTs
10.2.1 All relocated ASTs shall meet the standards for New ASTs as applicable, with the exception that the
Department may approve the use of the existing material of construction, and shall meet the following
requirements before the AST is utilized for storage of regulated substances:
10.2.1.1 The Owner or Operator shall notify the Department of the scheduled relocation and shall have
received a formal letter of approval according to the requirements of PART B, Section 1.0; and
10.2.1.2 A thorough internal and external cleaning and inspection performed by a Certified API 653
Inspector or a Certified STI-SP001 Inspector or individual certified under ASME RTP-1 or National
Board Inspection Code, as applicable, determines in its new location that the AST is free of
defects per the requirements of the applicable code; and
10.2.1.3 The AST is determined to be structurally sound in its new location by a Professional Engineer or
an inspector certified per the applicable code such as but not limited to, a Certified API 653
Inspector or a Certified STI-SP001 Inspector, or qualified by training and experience in the
absence of a code certification process.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
11.0 Upgrade Requirements for Existing ASTs

11.1 General Requirements for Upgrading Existing ASTs
11.1.1 By June 11, 2005, all ASTs shall be equipped with a gauge or other measuring device that accurately
shows the level of regulated substance or the quantity of regulated substance in the AST.
11.1.2 By June 11, 2005, all ASTs shall have an overfill prevention procedure per the requirements in PART B,
Section 8.0.
11.1.3 By June 11, 2007, all ASTs shall have normal and emergency venting installed in accordance with API
2000 or NFPA 30 or UL142 or UL 2085 as applicable.
11.1.4 By June 11, 2014, the required overfill prevention equipment and the measuring device shall function
independently of each other per the requirements in PART B, Section 8.0.
11.1.5 By June 11, 2011, an AST which is not equipped with cathodic protection or an internal liner approved by
the Department and documented to be capable of preventing a release, shall be upgraded to meet the
requirements of PART B, subsection 11.1.7.
11.1.6 By June 11, 2019, an AST which is equipped with cathodic protection in accordance with PART B, Section
5.0, or an internal liner approved by the Department and documented to be capable of preventing a
Release, shall be upgraded to meet the requirements of PART B, subsection 11.1.7.
11.1.7 All ASTs shall be equipped with or comply with at least one of the following per the schedule in PART B,
subsection 11.1.5 or PART B, subsection 11.1.6:
11.1.7.1 Leak detection equipment in accordance with the requirements of PART B, Section 9.0 or
alternate method approved by the Department; or
11.1.7.2 release prevention barrier in accordance with the requirements of PART B; or
11.1.7.3 Double bottom in accordance with the requirements of PART B; or
11.1.7.4 Annual in service test or inspection approved by the Department; or
11.1.7.5 Annual internal inspection in accordance with API 653 or other applicable standard.
11.1.8 By June 11, 2007, all ASTs shall comply with the inerting requirements of PART B, Section 12.0.
11.1.9 Within one (1) year of the most recent Effective Date of these Regulations, all ASTs, piping,
appurtenances and secondary containment shall be compatible with the regulated substance stored in the
AST.
11.2 Upgrade Requirements for Existing Underground Piping Systems
11.2.1 By June 11, 2014, all existing underground piping that does not meet the requirements for new
underground piping as required in PART B, Section 6.0 shall be upgraded to meet such requirements.
11.3 Upgrade Requirements for Tanks Built Prior to June 11, 2004, Converting to Storage of a Regulated Substance
11.3.1 Persons, who own an aboveground storage tank installed prior to June 11, 2004; which has only stored
non-regulated substances; who intend to convert the aboveground storage tank to the storage of a
regulated substance and the conversion will make the tank subject to these Regulations, shall notify the
Department of the change in service on an AST registration form provided by the Department at least sixty
(60) days prior to initiating the change in service. The form shall be accompanied with documentation that
the tank shall comply with the following requirements:
11.3.1.1 The tank shall be subjected to a thorough internal and external cleaning and inspection performed
by a Certified API 653 Inspector or a Certified STI-SP001 Inspector or individual certified under
ASME RTP-1 or National Board Inspection Code, as applicable, determining that the tank is free of
defects per the applicable code; and
11.3.1.2 All aboveground and underground piping connected to the tank which shall convey a regulated
substance shall comply with an API 570 external visual inspection and API 570 pressure test as
applicable; and
11.3.1.3 The tank is determined to be structurally sound by a Professional Engineer or an inspector
certified per the applicable code such as but not limited to a Certified API 653 Inspector or a
Certified STI-SP001 Inspector or individual certified under ASME RTP-1 or National Board
Inspection Code, or qualified by training and experience in the absence of a code certification
process; and
11.3.1.4 The tank and underground piping shall comply with the schedule of requirements specified in
PART B, subsection 11.1 and PART B, subsection 11.2.
11.3.2 If within the sixty (60) day period, the required notification to the Department is completely satisfied, the
conversion to storage of a regulated substance may proceed without waiting for the expiration of the sixty
(60) days.
11.4 Upgrade Requirements for Tanks Built After June 11, 2004 Converting to Storage of a Regulated Substance
11.4.1 Persons, who own an aboveground storage tank installed after June 11, 2004; which has only stored non-
regulated substances; who intend to convert the aboveground storage tank to the storage of a regulated
substance and the conversion will make the tank subject to these Regulations, shall notify the Department
of the change in service utilizing an AST registration form provided by the Department at least sixty (60)
days prior to initiating the change in service. The form shall be accompanied with documentation that the
tank shall comply with the following requirements:
11.4.1.1 The tank shall meet the standards for new ASTs as specified in PART B, as applicable; and
11.4.1.2 The tank shall be subject to a thorough internal and external cleaning and inspection performed by
a Certified API 653 Inspector or a Certified STI-SP001 Inspector or individual certified under
ASME RTP-1 or National Board Inspection Code, as applicable, determining that the tank is free of
defects per the applicable code; and
11.4.1.3 All aboveground and underground piping connected to the tank which shall convey a regulated
substance shall comply with an API 570 external visual inspection and API 570 pressure test as
applicable.
11.4.1.4 The tank is determined to be structurally sound by a Professional Engineer or an inspector
certified per the applicable code such as but not limited to a Certified API 653 Inspector or a
Certified STI-SP001 Inspector or individual certified under ASME RTP-1 or National Board
Inspection Code, or qualified by training and experience in the absence of a code certification
process.
11.4.2 If within the sixty (60) days period, the required notification to the Department is completely satisfied, the
conversion to storage of a regulated substance may proceed without waiting for the expiration of the sixty
(60) days.
7 DE Reg. 1765 (06/01/04)
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
12.0 Inerting Requirements for Ullage Volumes of ASTs Without a Floating Roof
12.1 General Requirements For Inerting an AST without a Floating Roof
12.1.1 All ASTs without a Floating Roof installed or erected after June 11, 2004 and containing Flammable
Regulated Substances as defined by NFPA 30, or Spent Acids, or Spent Caustics, or other regulated
substances as defined by the Department shall have an automatic system in place to maintain the Ullage
volume of the AST below the Limiting Oxidant Concentration (LOC), for any gaseous Oxidant which may
be present, by the use of an Inert Gas Blanketing system in accordance with NFPA 69. Systems operated
above the Upper Flammable Limit (UFL) shall be subject to approval by the Department prior to
installation. Other methods to prevent a Deflagration such as but not limited to Spark Extinguishing
Systems, Deflagration Suppression, or Deflagration Pressure Containment shall be subject to approval by
the Department prior to installation.
12.1.2 The following ASTs shall be exempt from the Inerting requirements of this Section:
12.1.2.1 All existing shop-fabricated ASTs which meet the requirements of UL 142 and the requirements of
the Delaware State Fire Prevention Regulations;
12.1.2.2 All existing field-constructed ASTs used for Dispensing which meet the requirements of API 650
and API 2000 and the requirements of the Delaware State Fire Prevention Regulations;
12.1.2.3 New shop-fabricated horizontal ASTs less than or equal to 50,000 gallons and new shop-
fabricated vertical ASTs less than or equal to 30,000 gallons used for Bulk Storage which meet the
requirements of UL 142 and the requirements of the Delaware State Fire Prevention Regulations;
12.1.2.4 New shop-fabricated horizontal ASTs less than or equal to 50,000 gallons and new shop-
fabricated vertical ASTs less than or equal to 30,000 gallons used for Dispensing which meet the
requirements of UL 142 and UL 2085 and the requirements of the Delaware State Fire Prevention
Regulations;
12.1.2.5 New field-constructed horizontal or vertical ASTs used for Dispensing that meet the requirements
of API 650 and API 2000 and the requirements of the Delaware State Fire Prevention Regulations.
12.1.3 An automatic system shall be continuously in place, in use, and operating to designed specifications
whenever an AST is in service and has the potential for a flammable atmosphere. The system shall be in
place, in use and operated to designed specifications unless the AST has been cleaned sufficiently and
purged of flammable vapors to safely permit hot work in, on or around the AST.
12.1.4 An automatic system shall be in place, in use, and operating to designed specifications that continuously
monitors the LOC or alternate monitoring parameters as approved by the Department so that whenever
the required LOC or alternate monitoring parameters is not met the system shall:
12.1.4.1 Energize an audible and a visual alarm at the location where the operating parameters of the
affected AST are monitored and controlled; and
12.1.4.2 Be equipped with an emergency system capable of discontinuing the energy supply to any pumps
engaged in moving liquid into or out of the affected AST.
12.1.5 Work to return the system to specified operating parameters shall begin immediately after an alarm is
registered. If the AST cannot be returned to the required LOC within 24 hours, the Department shall be
notified and be given an indication of when the AST can be returned to the required LOC.
12.1.6 During the time period that the system is not operating within the required LOC no actions shall be taken
which unreasonably increase the probability of a deflagration occurring within the affected AST.
12.1.7 The system shall be repaired within a time frame mutually agreed to by the Department and the AST
Owner or Operator.
12.1.8 The Department shall be notified within 24 hours when the affected AST is returned to the required LOC.
12.1.9 The gases exhausted or vented from a regulated AST operating under an Inerting system shall be treated
in a manner which is compliant with all applicable Department Regulations and Permits.
20 DE Reg. 815 (04/01/17)
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 one hundred eighty (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 these Regulations.
13.1.3 The Owner and Operator of an AST that has remained out of service for greater than eighteen (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 three (3) years
shall assess the site to determine whether there is soil or groundwater contamination attributable to the
AST as per the requirements of PART B, Section 14.0.
13.1.5 An AST that is out of service, but is not empty, shall be in compliance with all the applicable requirements
of these 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 these
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 a site assessment has been performed in
accordance with these Regulations, 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 ten (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
these Regulations.
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 these Regulations 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 DE Reg. 1765 (06/01/04)
20 DE Reg. 815 (04/01/17)
14.0 Site Assessment Requirements for AST Removal; or Relocation; or Permanent AST Closure in Place; or
Permanent Change in Contents of an AST; or Out of Service; or Retrofit; or Upgrade; or repair; or maintenance
14.1 General Requirements for Retrofit, Upgrade, repair or maintenance activity
14.1.1 During any AST activity, when there is evidence of soil or groundwater contamination from a regulated
substance attributable to the AST, detected by site assessment, observation, or analysis, the Owner or
Operator shall notify the Department immediately of any evidence of soil or groundwater contamination
from a regulated substance and shall comply with all notification and corrective action requirements of Part
E of these Regulations.
14.2 Site Assessment during an AST Removal, Relocation, Permanent Closure in Place, Permanent Change in
Contents, Converting the AST to Another Use Out of Service Retrofit, Upgrade, repair or maintenance
associated with the AST
14.2.1 The Owner or Operator of the AST shall perform a site assessment to determine whether there is soil or
groundwater contamination attributable to the AST when:
14.2.1.1 The AST has been out of service for a period greater than three (3) years; or
14.2.1.2 The AST has a permanent change in contents from a regulated substance to a non-regulated
substance; or
14.2.1.3 After dismantling and removing an AST or permanently closing in place an AST or relocating an
AST or converting the AST to a use other than as an AST; or
14.2.1.4 Soil is excavated during retrofit, upgrade, repair, or maintenance associated with the AST.
14.2.2 The site assessment necessary to determine if any contamination is present, shall be performed using the
following investigative methods, as applicable:
14.2.2.1 Test pits shall be excavated or soil borings advanced in the immediate vicinity of the AST, and
representative soil and groundwater samples shall be obtained.
14.2.2.2 Soil and groundwater samples shall be obtained from the ground surface immediately beneath the
AST, at the location of any visual staining or regulated substance accumulation, and beneath the
ancillary piping.
14.2.2.3 All leak detection devices or subsurface monitoring locations shall be sampled.
14.2.2.4 The site shall be evaluated in accordance with the most recent Delaware Aboveground Storage
Tank Site Assessment Sampling Guidance or other approved Department procedure.
14.2.3 The soil and groundwater samples shall be submitted to a laboratory certified to perform the required
analyses.
14.2.4 Analytes shall be selected based upon any and all regulated substances stored in the AST over its lifetime.
Laboratory analysis methods for the analytes shall be methods approved by the Department.
14.2.5 The samples shall be obtained from the locations with the suspected highest concentration of
contaminants of concern.
14.2.6 A Site Assessment shall not commence without prior written approval by the Department.
14.2.7 The Owner or Operator shall complete a site assessment and submit the results to the Department within
ninety (90) days of the completion of the activities referenced in PART B, subsection 14.2.2.
7 DE Reg. 1765 (06/01/04)
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
15.0 AST Removal Requirements
15.1 General Requirements for AST Removal
15.1.1 The AST Owner or Operator shall notify the Department of the scheduled removal of an AST utilizing a
form provided by the Department not later than ten (10) days prior to the removal of an AST.
15.1.2 An AST and ancillary piping may be treated as separate entities for the purpose of removal, permanent
closure in place or permanent change in contents.
15.1.3 The AST Owner or Operator shall comply with the requirements of PART B, Section 14.0.
15.2 Additional Requirements for AST Removal
15.2.1 To remove an AST, an Owner or Operator shall at a minimum comply with the following requirements:
15.2.1.1 Remove all the regulated substance from the AST and ancillary piping; and
15.2.1.2 Thoroughly clean the interior of the AST and all ancillary piping of all sludge, solids, and residual
regulated substance with documentation of the proper disposition of the removed sludge, solids
and residual regulated substance; and
15.2.1.3 Completely displace the AST and ancillary piping from its installed location, and render the AST
and ancillary piping permanently non-useable or discontinue use of the AST and ancillary piping
as an AST and ancillary piping with the intent of not introducing a regulated substance into the
AST and ancillary piping.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
16.0 Permanent Closure in Place

16.1 General Requirements for Permanent Closure in Place of ASTs
16.1.1 The Owner or Operator shall notify the Department of the scheduled permanent closure in place of an AST
utilizing a form provided by the Department not later than ten (10) days prior to the permanent closure in
place of an AST.
16.2 Additional Requirements for Permanent Closure in Place of ASTs
16.2.1 To Permanently close in Place an AST, the AST Owner or Operator shall at a minimum comply with the
following requirements:
16.2.1.1 Empty the AST and all ancillary piping of all regulated substances in accordance with API RP2015
and API RP2016 and retain documentation of the proper disposition of the removed sludge,
liquids, solids and residual regulated substance for a minimum of three (3) years; and
16.2.1.2 Secure the AST to prevent unauthorized entrance or tampering so that a regulated substance is
not accidentally or intentionally introduced into the AST; and
16.2.1.3 All permanently closed ASTs shall be labeled in accordance with PART A, subsection 9.5.
16.3 Reactivating a Permanently Closed AST
16.3.1 An AST Owner or Operator who reactivates an AST, which has been permanently closed per this Part,
shall notify the Department utilizing a form provided by the Department in accordance with PART B,
subsection 1.1, prior to putting the AST back into service.
16.3.2 Prior to placing an AST which has been permanently closed back into service, the Owner or Operator shall
meet all new AST standards in these Regulations.
16.3.3 An AST which was permanently closed prior to June 11, 2004 and is intended to be placed into service
must comply with all new AST standards in these Regulations including payment of required construction
fees in PART B, subsection 1.2 and submission of installation documentation in accordance with PART B.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
17.0 Permanent Change in Contents Requirements

17.1 General Requirements for Permanent Change in Contents
17.1.1 The AST Owner or Operator shall notify the Department of the scheduled permanent change in contents of
an AST utilizing a form provided by the Department not later than ten (10) days prior to the permanent
change in contents of an AST.
17.2 Additional Requirements for Permanent Change in Contents
17.2.1 To undergo a permanent change in contents in an AST, the AST Owner or Operator shall at a minimum
comply with the following requirements:
17.2.1.1 Remove all the regulated substance from the AST and ancillary piping; and
17.2.1.2 Thoroughly clean the interior of the AST and all ancillary piping of all sludge, solids, and residual
regulated substance with documentation of the proper disposition of the removed sludge, solids
and residual regulated substance; and
17.2.1.3 Continue active use of the AST and ancillary piping with the intent of only storing and conveying a
non-regulated substance in the AST and ancillary piping.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
PART C INSPECTION, MONITORING, TESTING, AND RECORD KEEPING REQUIREMENTS FOR ABOVEGROUND
STORAGE TANKS
1.0 Inventory Control Requirements

1.1 General Requirements for Inventory Control
1.1.1 AST Owners or Operators shall maintain inventory control records for each AST containing a regulated
substance. Records shall be kept for each AST or cluster of ASTs if they are normally interconnected, and
shall include measurements of transfers of a regulated substance into and out of the AST, measurements
of inventory on hand, and records of gains and losses. Reconciliation of records shall be kept current, shall
account for all variables which could affect an apparent loss or gain, and shall be in accordance with
generally accepted practices. The records shall be accumulated for each day an AST has a regulated
substance added or withdrawn but in no instance shall the interval between measurement of inventory on
hand exceed seven (7) days. The records shall include at a minimum:
1.1.1.1 Description and quantity of the Regulated Substance in the AST. The equipment used shall be
capable of measuring the level of regulated substance over the entire operating range of the AST's
height.
1.1.2 By July 11, 2004 AST Owners or Operators shall institute inventory control procedures capable of
detecting a significant variation of inventory. A significant variation shall be considered as a gain or a loss
in excess of 1% of the throughput or storage capacity of each individual AST on a thirty (30) day or monthly
basis.
1.1.2.1 Reconciliations of inventory measurements shall be conducted monthly or every thirty (30) days. If
the significant variation persists for two consecutive months or two consecutive thirty (30) day
periods, the Owner or Operator shall conduct an investigation to determine the cause of the
variation. This investigation shall be completed within ten (10) working days of the end of the
second reconciliation period that shows significant variation. If this investigation does not reveal
the cause of the inventory variation the Owner or Operator shall notify the Department and shall
adhere to the corrective action requirements of Part E of these Regulations.
1.1.2.2 If the AST is equipped with a Continuous Leak Detection monitoring system and cathodic
protection of the AST and ancillary piping, a significant variation of inventory for this section shall
be considered as a gain or a loss in excess of 3% of the throughput or storage capacity of each
individual AST on a monthly or thirty (30) day basis.
1.1.2.3 Inventory records shall be maintained for a period of not less than three (3) years and shall be
made available for Department inspection within ten (10) days upon request.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
2.0 Inspection Requirements for Secondary Containment

2.1 General Requirements for Secondary Containment Inspection
2.1.1 Secondary containment for all ASTs subject to these Regulations shall be inspected as a part of external
inspections and routine in service inspections beginning no later than December 8, 2004.
2.1.2 If the secondary containment has been tested or inspected and fails to meet the criteria established in Part
B, Section 7.0 the Owner or Operator shall have sixty (60) days from the date of the inspection identifying
the problem to correct the problem or other schedule approved by the Department. Temporary safety
measures shall be instituted as required by the Department.
2.1.3 Owners and Operators of ASTs shall adhere to the reporting, and corrective action requirements of Part E
of these Regulations anytime evidence of a leak or release from secondary containment is noted during
the course of an inspection.
2.1.4 If a significant change in the structure of the secondary containment occurs, the Owner or Operator shall
verify that the secondary containment meets or exceeds the criteria established in Part B, Section 7.0 of
these Regulations.
2.2 Routine In Service Inspection Requirements for Secondary Containment
2.2.1 The routine in service inspection shall monitor the condition of the secondary containment at an interval
not to exceed thirty-one (31) days.
2.2.2 The routine in service inspection of the secondary containment shall include visual inspection from the
ground.
2.3 External Inspection Requirements for Secondary Containment
2.3.1 External inspections of the secondary containment shall monitor the condition of the secondary
containment at an interval not to exceed five (5) years.
2.3.2 External inspections of secondary containment shall be performed by inspectors familiar with secondary
containment and qualified by experience for such inspections.
2.3.3 Secondary containment shall be inspected to ensure that it has been maintained in a condition that shall
ensure it is capable of retaining any regulated substance that leaves the primary containment including an
AST and ancillary piping and prevent any regulated substance from reaching the surface water,
groundwater, or soil outside the secondary containment before cleanup occurs.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
3.0 Testing Requirements for Overfill Protection and Gauges

3.1 General Requirements for Overfill Protection Testing
3.1.1 The overfill prevention system required in Part B, Section 8.0 shall be tested no less frequently than every
ninety-three (93) days to ensure proper function and records of testing shall be maintained at the Facility
for three (3) years.
3.1.2 Existing ASTs with overfill prevention systems shall implement the testing requirements as required in
PART C, subsection 3.1.1 by July 11, 2004.
3.1.3 The gauge or measuring device required in Part B, Section 8.0 shall be calibrated no less frequently than
once every twelve (12) months and records of testing shall be maintained at the Facility for three (3) years.
3.1.4 Existing ASTs with a gauge or measuring device shall implement the calibration requirements as required
in PART C, subsection 3.1.3 by July 11, 2004.
3.1.5 The gauge or measuring device as required in PART B, Section 8.0 shall be calibrated, tested, operated
and maintained in accordance with the manufacturer’s specifications, including routine maintenance
checks for operability to ensure that the device is functioning as designed.
3.1.6 All manufacturer’s instructions and performance claims and their manner of determination described in
writing by the equipment manufacturer or installer for the gauge or measuring device shall be retained at
the Facility for the life of the gauge or measuring device.
3.1.7 If the manufacturer of the gauge or measuring device cannot be determined, or no standard is available,
the gauge or measuring device shall be calibrated to 1% of the volume of the AST.
3.1.8 The overfill protection system shall be calibrated, tested, operated and maintained in accordance with the
manufacturer’s specifications, including routine maintenance checks for operability to ensure that the
overfill protection system is functioning as designed.
3.1.9 All manufacturer’s instructions and performance claims and their manner of determination described in
writing by the equipment manufacturer or installer for the overfill protection system shall be retained at the
Facility for the life of the overfill protection system.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
4.0 Inspection, Monitoring and Testing Requirements for Underground Piping

4.1 General Requirements for Underground Piping Inspection, Monitoring and Testing
4.1.1 Existing underground piping in compliance with an API 570 inspection and testing schedule as of June 11,
2004, or other schedule approved by the Department, shall adhere to its current established inspection
schedule.
4.1.2 All existing underground piping not in compliance with an API 570 inspection and testing schedule as of
June 11, 2004, or other schedule approved by the Department, shall be pressure tested annually, in
accordance with API 570 and API 574 where applicable, or in accordance with manufacturer’s
specifications, or in accordance with a method approved in writing by the Department, until it is upgraded
to the new piping standards or removed from service.
4.1.3 In lieu of annual testing, the Department may approve an alternative risk-based schedule on a case-by-
case basis. Any alternative method shall be approved in writing by the Department prior to implementation.
In no case shall the inspection interval exceed ten (10) years.
4.1.4 New underground piping shall comply with the inspection and testing schedule in accordance with API 570
or other schedule approved by the Department.
4.1.5 Underground piping that has been repaired or reactivated after being out-of-service, shall be reassessed
to ensure the underground piping meets or exceeds the original performance specifications prior to
returning to service.
4.1.6 The steam return and exhaust lines of heating coils that discharge to the environment, or which pass the
steam return or exhaust lines through a settling tank, skimmer, or other separation or retention system,
shall be inspected for any possible contamination every month or every thirty (30) days.
4.1.7 Records of compliance with all testing requirements shall be kept on file at the Facility for the life of the
underground piping system and shall be made available to the Department upon request.
4.1.8 Any underground piping determined to be leaking or releasing a regulated substance shall be removed
from service, by prohibiting the introduction of additional regulated substances into the underground
piping, within 24 hours and evacuated as soon as practicable. Faulty underground piping shall remain out
of service until repaired. Release reporting and corrective actions shall be accomplished in accordance
with Part E of these Regulations.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
5.0 Inspection, Monitoring and Testing Requirements for Cathodic Protection Systems for ASTs and
Underground Piping
5.1 General Requirements for ASTs and Underground Piping Cathodic Protection Systems
5.1.1 All Cathodic Protection Systems shall be operated and maintained to provide continuous corrosion
protection to the external soil side portion of the metal components of that portion of the AST and
underground piping that contain a regulated substance and are in contact with the soil.
5.1.2 A Cathodic Protection System shall be inspected and maintained to meet or exceed the requirements of
the most recent edition of the following industry standards:
5.1.2.1 NACE Standard RP0193, External Cathodic Protection of On-Grade Carbon Steel Storage Tank
Bottoms; and
5.1.2.2 API RP651, Cathodic Protection of Aboveground Petroleum Storage Tanks; and
5.1.2.3 NACE Standard RP0169, Control of External Corrosion on Underground or Submerged Metallic
Piping Systems, and
5.1.3 By June 11, 2005 existing ASTs with a Cathodic Protection System shall have test stations or access
points which enable the Owner or Operator to test the adequacy of cathodic protection.
5.1.4 Owners and Operators of Existing ASTs with a Cathodic Protection System shall initiate the requirements
in this Section on June 11, 2004.
5.2 Requirements for Impressed Current Cathodic Protection Systems
5.2.1 The source of protective current for an Impressed Current Cathodic Protection System shall be monitored
in accordance with one of the Standards referenced in PART C, subsection 5.1.2, but in no case shall the
monitoring frequency be less than at least once every thirty-one (31) days, and the results recorded. If any
inspection or monitoring indicates that the system is not functioning properly and the AST or underground
piping are not being adequately protected in accordance with one of the Standards referenced in PART C,
subsection 5.1.2, the cause shall be determined and the necessary repairs shall be made within sixty (60)
days or other schedule approved by the Department, in accordance with one of the Standards referenced
in PART C, subsection 5.1.2.
5.2.2 All Impressed Current Cathodic Protection Systems shall be inspected and tested every twelve (12)
months as part of a preventative maintenance program to minimize in-service failure. The inspection and
tests shall include a check for electrical shorts, ground connections, meter accuracy, and circuit resistance.
The effectiveness of isolating devices, continuity bonds, and insulators shall be evaluated during this
inspection.
5.2.3 Impressed Current Cathodic Protection Systems that are not operating as required shall be repaired or
replaced within sixty (60) days or other schedule approved by the Department, or the AST and
underground piping which has the non-operational system shall be drained of its regulated substance and
placed out of service in accordance with PART B, Section 13.0 until the Impressed Current System is
repaired or replaced.
5.2.4 The impressed current source shall not be de-energized at any time including periods when the Facility is
closed (except during power failures or during service work on the AST or underground piping or the
Impressed Current Cathodic Protection System), and the impressed current source shall be equipped with
a continuously operating meter or meters which displays voltage, amperage and run time to show that the
system is working.
5.2.5 Records of the continuous operation, inspection, and testing of Impressed Current Cathodic Protection
Systems shall be maintained at the Facility for the operational life of the AST and underground piping.
5.3 Requirements for Sacrificial Anode Cathodic Protection Systems.
5.3.1 Sacrificial Anode Cathodic Protection Systems shall be inspected and tested at a minimum of once every
12 months, in accordance with industry Standards as referenced in PART C, subsection 5.1.2. Sufficient
AST-to-soil and underground piping-to-soil potential measurements shall be made and recorded to
determine if the AST and underground piping is protected in accordance with one of the industry
Standards referenced in PART C, subsection 5.1.2. If any inspection and test indicates that the system is
not functioning properly and the AST or underground piping are not being adequately protected in
accordance with one of the Standards referenced in PART C, subsection 5.1.2, the cause shall be
determined and the necessary repairs shall be made within sixty (60) days or other schedule approved by
the Department, in accordance with one of the Standards referenced in PART C, subsection 5.1.2
5.3.2 Sacrificial Anode Cathodic Protection Systems that are not operating as required shall be repaired or
replaced within sixty (60) days or other schedule approved by the Department, or the AST and
underground piping which has the non-operational system shall be drained of its regulated substance and
placed out of service in accordance with Part B, Section 13.0 until the Sacrificial Anode Cathodic
Protection System is repaired or replaced.
5.3.3 Records of the operation, inspection, and testing of Sacrificial Anode Cathodic Protection Systems shall be
maintained at the Facility for the operational life of the AST and underground piping.
5.4 Required Qualifications of Personnel Designing, Maintaining and Repairing Cathodic Protection Systems
5.4.1 Cathodic Protection Systems shall be designed by individuals who have obtained a NACE Cathodic
Protection Specialist Certification and have relevant work experience in the design of Cathodic Protection
Systems for ASTs and underground piping.
5.4.2 For the maintenance and repair of existing Cathodic Protection Systems, or the replacement of an existing
system component with a similar component, excluding minor maintenance procedures that do not
substantially change the system such as replacement of fuses, the individual shall be certified by NACE for
Cathodic Protection at the CP Technician, CP Technologist, or CP Specialist level and have specific
knowledge and experience in the maintenance and repair of Cathodic Protection Systems for ASTs and
underground piping. The NACE certified individual performing a specific task on a Cathodic Protection
System shall be qualified at the appropriate Certification Level for that specific task as defined by NACE.
5.4.3 For the inspection of Cathodic Protection Systems such as identifying damaged components or the
recording of rectifier readings the individual does not need to be certified by NACE for Cathodic Protection.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
6.0 Inspection Requirements for Metallic Field-constructed ASTS

6.1 General Requirements for Metallic Field-Constructed AST Inspections
6.1.1 All new and existing metallic field-constructed ASTs shall meet or exceed the applicable standards or
recommendations in API 653 and, as applicable, NACE SP0294 or the requirements in this Section,
whichever are more stringent. Where multiple standards may be applied during the course of a tank
inspection, only one (1) standard shall be utilized.
6.1.2 Owners and Operators shall notify the Department in writing ten (10) days prior to work commencing when
all new and existing metallic field-constructed ASTs subject to these Regulations are emptied for
maintenance, repairs, or removed from service.
6.1.3 All new metallic field-constructed ASTs and existing metallic field-constructed ASTs with new tank
bottoms, shall complete an internal inspection in accordance with PART C, subsection 6.4, within ten (10)
years of the date of completion of the installation of the AST or completion of the installation of the new
tank bottom. All existing metallic field-constructed ASTs shall complete an internal inspection in
accordance with PART C, subsection 6.4, by June 11, 2007 except those ASTs that are in compliance with
an established, documented API 653 or NACE SP0294 inspection schedule, as of June 11, 2004.
6.1.4 All new metallic field-constructed ASTs shall complete an external inspection in accordance with PART C,
subsection 6.3, within five (5) years of the date of completion of the installation. All existing metallic field-
constructed ASTs shall complete an external inspection in accordance with PART C, subsection 6.3, by
June 11, 2005, except those ASTs that are in compliance with an established, documented API 653 or
NACE SP0294 inspection schedule, as of June 11, 2004.
6.1.5 When an AST has been tested or inspected as required by these Regulations, the Owner or Operator shall
immediately initiate the actions required or recommended by the report of the Certified API 653 Inspector,
including but not limited to requirements or recommendations for repair or removal from service.
6.1.6 A report of the findings of any API 653 inspection that concludes the AST is not fit for service shall be
submitted to the Department and the AST Owner or Operator within thirty (30) days of the conclusion of
the inspection. The Owner or Operator shall submit to the Department with the API 653 inspection report
an additional report detailing a proposed course of action including but not limited to removal of the AST
contents and a schedule for repairs prior to the AST being returned to service. Removal of the AST
contents shall commence within five (5) days of the conclusion that the AST is not fit for service and
completion of the removal of the AST contents shall not exceed ninety (90) days, unless an alternative
schedule is approved by the Department.
6.1.7 Any existing metallic field-constructed AST not meeting the material specification requirements of API 650
and API 653 shall be reviewed and analyzed by the appropriate professional engineering disciplines to
determine the AST's fitness for service. In no instance shall the review exceed ninety (90) days. A report
shall be written and submitted to the AST Owner and Operator and the Department within thirty (30) days
of the conclusion of the review detailing the findings of the review and shall propose a course of action.
The Department shall review the report and issue an approval or denial for the continued use of the AST to
store a regulated substance, within thirty (30) days of the Department's receipt of the report.
6.1.8 Owners and Operators of ASTs shall adhere to the reporting requirements, and the corrective action
requirements of Part E at any time evidence of a release or leak is noted during the course of an
inspection.
6.1.9 Underground pipe is not subject to the requirements of Part C, Section 6.0.
6.2 Requirements for Routine In Service Inspections for Metallic Field-Constructed ASTs
6.2.1 A routine in service inspection shall monitor the external condition of the AST and all aboveground
ancillary piping at an interval not to exceed thirty-one (31) days.
6.2.2 The routine in service inspection shall at a minimum be completed in accordance with the guidance
contained in API 653 and API 570 or other equivalent procedure approved by the Department. An
appropriate check list containing at a minimum the criteria in API 653 Annex C, Tank in-service Inspection
Checklist and API 574 Annex A, External Inspection Checklist for Process Piping and including the
condition of the secondary containment shall be developed and completed for each AST and aboveground
ancillary piping at each routine in service inspection. For ASTs equipped with a Release Prevention Barrier
or a double bottom, the checklist shall include criteria for visual inspection for evidence of releases and
leaks.
6.2.3 The routine in service inspection may be completed by the Owner or Operator designated personnel other
than an API certified inspector. If designated personnel are not specifically certified in accordance with API
653, training shall include but is not limited to the following:
6.2.3.1 Basic information regarding occupational safety, hazard recognition, personnel protection, and
Facility operations; and
6.2.3.2 The procedures to be followed in conducting the daily visual and weekly Facility inspections; and
6.2.3.3 The procedures to be followed upon recognition of a hazard or the potential for a hazard; and
6.2.3.4 The procedure for evaluating the condition of the AST and appurtenances; and
6.2.3.5 The procedures for responding to releases and leaks of a regulated substance.
6.2.3.6 Records of training shall be maintained at the Facility by the Owner or Operator for five (5) years
after the termination date of employment for personnel and shall be made available for review at
the Department's request.
6.2.4 The routine in service inspection shall include close visual inspection from the ground.
6.2.5 Routine in service inspection reports shall be retained at the Facility by the Owner or Operator for five (5)
years after the routine in service inspection and shall be made available for review at the Department's
request.
6.2.6 The routine in service inspection program shall be developed and implemented by December 8, 2004.
6.3 Requirements for External Inspections for Metallic Field-Constructed ASTs
6.3.1 External inspections shall at a minimum follow the edition referenced in PART A, Section 3.0, of nationally
recognized codes, standards, guidelines or recommended practices including but not limited to API 653,
API 570, and NACE SP-0294.
6.3.2 External inspection frequencies for ASTs and aboveground ancillary piping shall follow the recommended
guidelines, codes, standards or recommended practices referenced in PART C, subsection 6.3.1,
including but not limited to the calculated corrosion rate, but in no instance shall the external inspection
frequency exceed five (5) years.
6.3.3 Only Certified API 653 Inspectors and Certified API 570 Inspectors shall perform external inspections. An
appropriate check list containing at a minimum the criteria in API 653 Annex C, Tank In Service Inspection
Checklist and API 574 Annex A, External Inspection Checklist for Process Piping and including the
condition of the secondary containment, shall be developed and completed for each AST and
aboveground ancillary piping at each external inspection. Where material thickness measurements are
performed, only qualified American Society for Non Destructive Testing (ASNT) SNT-TC-1A, Level II
technicians or ASNT Central Certification Program Level II technicians or Certified API 653 Inspectors with
experience in performing material thickness measurements shall perform the test.
6.3.4 External inspection reports including calibration of material thickness testing equipment shall be retained at
the Facility for the life of the AST by current and future Owners and Operators.
6.4 Requirements for Internal Inspections for Metallic Field-Constructed ASTs
6.4.1 Internal inspections shall at a minimum follow the edition referenced in PART A, Section 3.0, of nationally
recognized standards, guidelines or recommended practices including but not limited to API 653 and, if
applicable, NACE SP-0294.
6.4.2 The internal inspection shall at a minimum be completed in accordance with the recommended guidelines,
codes, standards or recommended practices referenced in PART C, subsection 6.4.1 or other equivalent
procedure approved by the Department. An appropriate check list containing at a minimum the criteria in
API 653 Annex C, Tank Out-Of-Service Inspection Checklist shall be developed and completed for each
AST at each internal inspection.
6.4.3 Internal inspection frequencies for ASTs with an established documented corrosion rate, as of June 11,
2004, shall follow the inspection frequency of API 653 or NACE SP0294 as applicable including but not
limited to the use of calculated corrosion rates.
6.4.4 The AST corrosion rates shall not be based on experience with ASTs in similar service unless previously
6.4.5 Only Certified API 653 Inspectors shall perform the internal inspections. Where non-destructive testing
methods are performed, only qualified American Society for Non Destructive Testing (ASNT) SNT-TC-1A,
latest edition, Level II technician or ASNT Central Certification Program Level II technician or Certified API
653 Inspectors with experience in performing non-destructive testing shall perform the test.
6.4.6 Alternative internal inspection intervals may be established as outlined in API 653 using the risk based
inspection procedures, robotics, statistical analysis and related methods allowed by API 653, only for ASTs
with 110% secondary containment dikes and a continuous method of Leak detection. Any alternative
method shall be approved in writing by the Department prior to implementation.
6.4.7 Internal inspection reports shall be submitted to the Department within thirty (30) days of inspection
completion and shall be retained at the Facility for the life of the AST by current and future Owners and
Operators.
6.4.8 The internal inspection report shall at a minimum include the following:
6.4.8.1 The report shall be typed, not written by hand; and
6.4.8.2 The report shall state the date(s) that the inspection was conducted; and
6.4.8.3 The report shall state that the inspection was an internal inspection and what industry inspection
standard was utilized; and
6.4.8.4 The report shall contain the name, address, and phone number of the inspection company that
conducted the inspection; and
6.4.8.5 The report shall contain the printed name of the certified inspector, the inspector’s certification
number or copy of the certification certificate, and the signature of the certified inspector; and
6.4.8.6 The report shall list the tank data including but not limited to, the tank diameter, tank height,
regulated substance stored, date of tank construction, construction code, material of tank
construction, tank orientation, tank identification number as listed on the DNREC AST registration
form, type of foundation, type of roof, presence or absence of secondary containment, material of
construction of secondary containment, notation of type of tank bottom as single or double,
presence or absence of Leak Detection, type of Leak Detection if present, presence or absence of
tank insulation, presence or absence of cathodic protection, and type of cathodic protection if
present; and
6.4.8.7 The report shall list all data collected including but not limited to, thickness measurements,
settlement measurements, out of round measurements and cathodic protection testing results;
and
6.4.8.8 The report shall include all repairs required by industry standards; and
6.4.8.9 The report shall include all recommendations for repairs and Upgrades not required by industry
standards but recommended by the certified inspector; and
6.4.8.10 The report shall include details of any repairs or Upgrade made to the tank as required or
recommended by the certified inspector and any records of inspections of the repair or Upgrade;
and
6.4.8.11 The report shall state the date the next inspection is due according to the inspection code utilized
for the inspection.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
7.0 Inspection Requirements for Metallic Shop-Fabricated ASTs

7.1 General Requirements for Metallic Shop-Fabricated AST Inspections
7.1.1 All new and existing metallic shop-fabricated ASTs shall meet or exceed the applicable standards or
recommendations in API 653 or STI-SP001 or NACE SP0294 or the requirements in this Section
whichever are more stringent. Where multiple standards may be applied during the course of a tank
inspection, only one (1) standard shall be applied.
7.1.2 Owners and Operators shall notify the Department in writing ten (10) days prior to work commencing when
all new and existing metallic shop-fabricated ASTs subject to these Regulations are emptied for
maintenance, repairs, or removed from service.
7.1.3 All new metallic shop-fabricated ASTs shall complete an internal inspection in accordance with PART C,
Section 7.0, within ten years of the date of completion of the installation. All existing metallic shop-
fabricated ASTs shall complete an internal inspection in accordance with PART C, Section 7.4, by June
11, 2007, except those ASTs that are in compliance with an established, documented API 653 or STI-
SP001 or NACE SP0294 inspection schedule.
7.1.4 All new metallic shop-fabricated ASTs shall complete an external inspection in accordance with PART C,
subsection 7.3, within five years of the date of completion of the installation. All Existing metallic shop-
fabricated ASTs shall complete an external inspection in accordance with PART C, subsection 7.3 by June
11, 2005, except those ASTs that are in compliance with an established, documented API 653 or STI-
SP001 or NACE SP0294 inspection schedule.
7.1.5 When an AST has been tested or inspected as required by these Regulations, the Owner or Operator shall
immediately initiate the actions required or recommended by the report of the Certified API 653 Inspector
or the Certified STI-SP001 Inspector, including but not limited to recommendations for repair or removal
from service.
7.1.6 A report of the findings of any API 653 or STI - SP001 inspection that concludes the AST is not fit for
service shall be submitted to the Department and the AST Owner or Operator within thirty (30) days of the
conclusion of the inspection. The Owner or Operator shall submit to the Department with the API 653 or
STI-SP001 inspection report an additional report detailing a proposed course of action including but not
limited to removal of the AST contents and a schedule for repairs prior to the AST being returned to
service. Removal of the AST contents shall commence within five (5) days of the conclusion that the AST
is not fit for service and completion of the removal of the AST contents shall not exceed ninety (90) days,
unless an alternative schedule is approved by the Department.
7.1.7 Any existing metallic shop-fabricated AST not meeting the material specification requirements of UL 2085,
UL 142, or API 650 Form J, shall be reviewed and analyzed by the appropriate professional engineering
disciplines to determine the AST's fitness for service. In no instance shall the review exceed ninety (90)
days. A report shall be written and submitted to the AST Owner and Operator and the Department within
thirty (30) days of the conclusion of the review detailing the findings of the review and shall propose a
course of action. The Department shall review the report and issue an approval or denial for the continued
use of the AST to store a regulated substance within thirty (30) days of the Department's receipt of the
report.
7.1.8 Owners and Operators of ASTs shall adhere to the reporting requirements, and the corrective action
requirements of Part E at any time evidence of a release or leak is noted during the course of an
inspection.
7.1.9 Underground pipe is not subject to the requirements of Part C, Section 7.0.
7.2 Requirements for Routine In Service Inspections for Shop-Fabricated ASTs
7.2.1 The routine in-service inspection shall monitor the external condition of the AST and all aboveground
ancillary piping at an interval not to exceed thirty (30) days.
7.2.2 The routine in service inspection shall at a minimum be completed in accordance with the guidance
contained in API 653 or STI SP001 and API 570 or other equivalent procedure approved by the
Department. An appropriate check list containing at a minimum the criteria in API 653 Annex C, Tank In-
service Inspection Checklist and API 574 Annex A, External Inspection Checklist for Process Piping and
including the condition of the Secondary Containment shall be developed and completed for each AST and
aboveground Ancillary Piping at each routine in service inspection. For ASTs equipped with a Release
Prevention Barrier or a double bottom, the checklist shall include criteria for visual inspection for evidence
of Releases and Leaks.
7.2.3 The routine in service inspection may be completed by Owner or Operator designated personnel other
than an API or STI certified inspector. If designated personnel are not specifically certified in accordance
with API 653 or STI-SP001, training shall include but is not limited to the following:
7.2.3.1 Basic information regarding occupational safety, hazard recognition, personnel protection, and
7.2.3.2 The procedures to be followed in conducting the daily visual and weekly Facility inspections; and
7.2.3.3 The procedures to be followed upon recognition of a hazard or the potential for a hazard; and
7.2.3.4 The procedure for evaluating the condition of the AST and appurtenances; and
7.2.3.5 The procedures for responding to releases and leaks of a regulated substance; and
7.2.3.6 Records of training shall be maintained at the Facility by the Owner or Operator for five (5) years
after the termination date of employment for personnel and shall be made available for review at
the Department's request.
7.2.4 The routine in service inspection shall include close visual inspection from the ground.
7.2.5 Routine in service inspection reports shall be retained at the Facility by the Owner or Operator for five (5)
years after the routine in service inspection and shall be made available for review at the Department's
request.
7.2.6 The routine in service inspection program shall be developed and implemented by December 8, 2004.
7.3 Requirements for External Inspections
7.3.1 External inspections shall at a minimum follow the latest approved edition of nationally recognized codes,
standards, guidelines or recommended practices including but not limited to API 653, API 570, and NACE
SP0294 or STI SP001.
7.3.2 External inspection frequencies for ASTs and aboveground ancillary piping shall follow the recommended
guidelines, codes, standards or recommended practices referenced in PART C, subsection 7.3.1 including
but not limited to the calculated corrosion rate, but in no instance shall the external inspection frequency
exceed five (5) years.
7.3.3 Only Certified API 653 Inspectors or Certified STI-SP001 Inspectors or Certified API 570 Inspectors shall
perform external inspections. An appropriate check list containing at a minimum the criteria in API 653
Annex C, Tank In Service Inspection Checklist and API 574 Annex A, External Inspection Checklist for
Process Piping and including the condition of the secondary containment, shall be developed and
completed for each AST and aboveground ancillary piping at each external inspection. Where material
thickness measurements are performed, only qualified American Society for Non Destructive Testing
(ASNT) SNT-TC-1A, Level II technicians or ASNT Central Certification Program Level II technicians or
Certified API 653 Inspectors with experience in performing material thickness measurements shall perform
the test.
7.3.4 External inspection reports shall be retained at the Facility for the life of the AST by current and future
Owners and Operators.
7.4 Requirements Internal Inspections
7.4.1 Internal inspections shall follow the latest approved edition of nationally recognized standards, guidelines
or recommended practices including but not limited to API 653 and, if applicable, NACE SP0294 or STI-
SP001.
7.4.2 The internal inspection shall at a minimum be completed in accordance with the recommended guidelines,
codes, standards or recommended practices referenced in PART C, subsection 7.4.1 or other equivalent
procedure approved by the Department. An appropriate check list containing at a minimum the criteria in
API 653 Annex C, Tank Out-of-Service Inspection Checklist shall be developed and completed for each
AST at each internal inspection.
7.4.3 Internal inspection frequencies for ASTs with an established documented corrosion rate as of June 11,
2004 shall follow the inspection frequency of API 653, or NACE SP0294, or STI SP001 as applicable
including but not limited to the use of calculated corrosion rates.
7.4.4 The AST corrosion rate shall not be determined based upon experience with tanks in similar service,
unless previously approved by the Department.
7.4.5 Only Certified API 653 Inspectors or Certified STI-SP001 Inspectors shall perform the internal inspections.
Where non-destructive testing methods are performed, only qualified SNT-TC-1A, Level II technicians or
ASNT Central Certification Program Level II technicians or Certified API 653 Inspectors with experience in
performing non-destructive testing shall perform the test.
7.4.6 Alternative internal inspection intervals may be established as outlined in API 653 using the risk based
inspection procedures, robotics, statistical analysis and related methods allowed by API 653. Any
alternative method shall be approved by the Department prior to implementation.
7.4.7 Internal inspection reports shall be submitted to the Department and shall be retained at the Facility for the
life of the AST by current and future Owners and Operators.
7.4.8 The internal inspection report shall at a minimum include the following:
7.4.8.1 The report shall be typed, not written by hand; and
7.4.8.2 The report shall state the date(s) that the inspection was conducted; and
7.4.8.3 The report shall state the inspection was an internal inspection and what industry inspection
standard was utilized; and
7.4.8.4 The report shall contain the name, address, and phone number of the inspection company that
conducted the inspection; and
7.4.8.5 The report shall contain the printed name of the certified inspector, the inspector’s certification
number or copy of certification certificate, and the signature of the certified inspector; and
7.4.8.6 The report shall list the tank data including but not limited to, the tank diameter, tank height,
regulated substance stored, date of tank construction, construction code, material of tank
construction, tank orientation, tank identification number as listed on the DNREC AST registration
form, type of foundation, type of roof, presence or absence of secondary containment, material of
construction of secondary containment, notation of type of tank bottom as single or double,
presence or absence of leak detection, type of leak detection if present, presence or absence of
tank insulation, presence or absence of cathodic protection, and type of cathodic protection if
present.
7.4.8.7 The report shall list all data collected including but not limited to, thickness measurements,
and
7.4.8.8 The report shall include all repairs required by industry standards; and
7.4.8.9 The report shall include all recommendations for repairs and upgrades not required by industry
standards but recommended by the certified inspector; and
7.4.8.10 The report shall include details of any repairs or upgrades made to the tank as required or
recommended by the certified inspector and any records of inspections of the repair or upgrade.
7.4.8.11 The report shall state the date the next inspection is due according to the inspection code utilized
for the inspection.
20 DE Reg. 815 (04/01/17)
8.0 Inspection Requirements for Non-Metallic Field-Constructed and Shop-Fabricated ASTs

8.1 Fiber Reinforced Thermosetting Plastic (FRTP) Field Constructed and Shop-Fabricated ASTs
8.1.1 General Requirements
8.1.1.1 All non-metallic field-constructed or shop-fabricated ASTs constructed of fiber reinforced
thermosetting plastic (FRTP) shall meet or exceed the requirements in this Section or the
reference standards in this Section whichever are more stringent. Where multiple standards may
be applied during the course of a tank inspection, only one (1) standard shall be utilized.
8.1.1.2 Inspections shall only be performed by inspectors familiar with ASTs constructed of fiber reinforced
thermosetting plastic and qualified by experience for such inspections, including but not limited to
those individuals certified under:
8.1.1.2.1 ASME RTP-1, Reinforced Thermoset Plastic Corrosion Resistant Equipment; or
8.1.1.2.2 National Board Inspection Code (NBIC).
8.1.1.3 The Owner or Operator shall notify the Department in writing ten (10) days prior to work
commencing when ASTs subject to this Section are emptied for maintenance, repairs, or removed
from service.
8.1.1.4 When a FRTP AST has been tested or inspected as required by these Regulations the Owner or
Operator shall immediately initiate the actions required or recommended by the report of the
certified inspector or the experience qualified individual, including but not limited to
recommendations for repair or removal from service.
8.1.1.5 A report of the findings of any inspection required by this Section that concludes the AST is not fit
for service shall be submitted to the Department and the AST Owner or Operator within thirty (30)
days of the conclusion of the inspection. The Owner or Operator shall submit to the Department
with the inspection report an additional report detailing a proposed course of action including but
not limited to removal of the AST contents and a schedule for repairs prior to the AST being
returned to service. Removal of the AST contents shall commence within five (5) days of the
conclusion that the AST is not fit for service and completion of the removal of the AST contents
shall not exceed ninety (90) days, unless an alternative schedule is approved by the Department.
8.1.1.6 Owners and Operators of ASTs shall adhere to the reporting requirements, and the corrective
action requirements of Part E at any time evidence of a release or leak is noted during the course
of an inspection.
8.1.2 Applicability and Scope of Inspections
8.1.2.1 All routine in service inspections, external inspections, and internal inspection requirements for
ASTs constructed of fiber reinforced thermosetting plastic shall apply to any ASTs which are
constructed with a structural laminate and a liner to protect the structural laminate. The structural
laminate is defined as one or more layers of reinforced resin material bonded together. The
inspection shall evaluate damage to the AST from mechanical sources and from regulated
substances, acids, alkalis, compounds containing fluorine, hydrocarbons, and water.
8.1.2.2 All exposed surfaces shall be visually examined during external and internal inspections for
defects, and mechanical and environmental damage in the liner or the laminate. Classification and
acceptance of any defects in the liner or laminate shall be according to Table 1 in NBIC, Part 3,
Supplement 4. Defects to look for shall include but are not limited to:
8.1.2.2.1 Cracks;
8.1.2.2.2 Separation of secondary edges;
8.1.2.2.3 Leaks, especially around nozzles;
8.1.2.2.4 Discolored areas;
8.1.2.2.5 Areas of mechanical damage such as impacts or gouges;
8.1.2.2.6 Surface deterioration or fiber exposure;
8.1.2.2.7 Cracked or broken attachments;
8.1.2.2.8 Damage due to dynamic loading;
8.1.2.2.9 Defective supports;
8.1.2.2.10 Delaminations;
8.1.2.2.11 Blisters.
8.1.2.3 A careful observation shall be made of the condition of the complete AST, including but not limited
to, maintenance and operation of the AST as a guide in forming an opinion of the care the AST
receives. The history of the AST shall be established, and shall include, but is not limited to, the
date which the AST was constructed or installed, the service history, the maintenance history, and
a review of previous inspection records. Process conditions shall be reviewed to identify areas
most likely to sustain damage. Surface cleaning procedures and requirements shall also be
reviewed.
8.1.2.4 The following tools shall be available to inspectors and used when necessary by inspectors while
performing external and internal inspections:
8.1.2.4.1 Adequate lighting including overall lighting and a portable lamp for close inspections; and
8.1.2.4.2 Hand held magnifying glass; and
8.1.2.4.3 Barcol hardness tester; and
8.1.2.4.4 Small pick or pen knife; and
8.1.2.4.5 Small quantity of acetone and cotton swabs; and
8.1.2.4.6 Liquid penetrant testing kit.
8.1.3 Inspector Qualifications for External and Internal Inspections
8.1.3.1 Only inspectors familiar with ASTs constructed of fiber reinforced thermosetting plastic and
qualified by experience shall perform external and internal inspections. These inspectors include,
but are not limited to individuals certified under ASME RTP-1 and NBIC. The inspector shall be
able to read a Jaeger Type No. 1 Standard Chart at a distance of not less than 12 inches. The
inspector shall be capable of distinguishing and differentiating contrast between colors. Visually
acuity shall be checked annually.
8.1.4 Initial Inspection Requirements
8.1.4.1 Internal Inspection Requirements
8.1.4.1.1 All new Fiber Reinforced Thermosetting Plastic shop-fabricated and field-constructed ASTs
shall complete an internal inspection in accordance with Part C, subsection 8.1.7, within one
year of being placed into service.
8.1.4.1.2 All existing Fiber Reinforced Thermosetting Plastic shop-fabricated and field constructed ASTs
shall complete an internal inspection in accordance with PART C, subsection 8.1.7 by June 11,
2007, except those ASTs that have an established, documented inspection schedule that
includes the inspection criteria and frequency established in this Section.
8.1.4.2 External Inspection Requirements
8.1.4.2.1 All new Fiber Reinforced Thermosetting Plastic shop-fabricated and field constructed ASTs
shall complete an external inspection in accordance with PART C, subsection 8.1.6, within
three (3) years of the date of the AST being placed into service.
8.1.4.2.2 All existing Fiber Reinforced Thermosetting Plastic shop-fabricated and field constructed ASTs
shall complete an external inspection in accordance with PART C, subsection 8.1.6 by June
11, 2007 except ASTs that have an established, documented inspection schedule that
includes the inspection criteria and frequency established in this Section.
8.1.5 Routine In Service Inspections
8.1.5.1 A routine in service inspection shall monitor the external condition of the AST and all aboveground
Ancillary Piping at an interval not to exceed thirty-one (31) days.
8.1.5.2 The routine in service inspection shall include a visual external inspection of the AST's exterior
surfaces. An appropriate check list containing at a minimum the criteria in PART C, subsection
§8.1.5.3.4 and API 653 Annex C, Tank In-Service Inspection Checklist and API 574 Annex A,
External Inspection Checklist for Process Piping and including the condition of the secondary
containment, will be developed and completed for each AST at each routine in service inspection.
For ASTs equipped with a Release Prevention Barrier or a double bottom, the checklist shall
include criteria for visual inspection for evidence of releases and leaks.
8.1.5.3 The routine in service inspection may be completed by Owner or Operator designated personnel
other than an API, STI, ASME RTP-1, or NBIC certified inspector. If designated personnel are not
specifically trained in accordance with a nationally recognized certification program, training shall
include but is not limited to the following:
8.1.5.3.1 Basic information regarding occupational safety, hazard recognition, personnel protection, and
8.1.5.3.2 The procedures to be followed in conducting the daily visual and weekly Facility inspections;
and
8.1.5.3.3 The procedures to be followed upon recognition of a hazard or the potential for a hazard; and
8.1.5.3.4 The procedures for evaluating the condition of the AST and appurtenances including but not
limited to the following:
8.1.5.3.4.1 Shell distortations;
8.1.5.3.4.2 Signs of settlement;
8.1.5.3.4.3 Condition of the foundation;
8.1.5.3.4.4 Condition of the insulation;
8.1.5.3.4.5 Cracks;
8.1.5.3.4.6 Separation of secondary edges;
8.1.5.3.4.7 Discolored areas;
8.1.5.3.4.8 Areas of mechanical damage such as impacts and gouges;
8.1.5.3.4.9 Surface deterioration and fiber exposure;
8.1.5.3.4.10 Damage due to dynamic loading;
8.1.5.3.4.11 Defective supports;
8.1.5.3.4.12 Delaminations;
8.1.5.3.4.13 Blisters;
8.1.5.3.5 The procedures for responding to releases and leaks of a regulated substance.
8.1.5.3.6 Records of training shall be maintained at the Facility by the Owner or Operator for five (5)
years after the termination date of employment for personnel and shall be made available for
review at the Department's request.
8.1.5.4 The routine in service inspection shall include close visual inspection from the ground.
8.1.5.5 Routine in service inspection reports shall be retained at the Facility by the Owner or Operator for
five (5) years after the routine in service inspection and shall be made available for review at the
Department's request.
8.1.5.6 The routine in service inspection program shall be developed and implemented by December 8,
2004.
8.1.6 External Inspections
8.1.6.1 General Requirements
8.1.6.1.1 External inspections shall at a minimum follow the requirements of this Section.
8.1.6.1.2 External inspection frequencies shall at a minimum follow the requirements of this Section, but
in no instance shall the external inspection frequency exceed five (5) years.
8.1.6.1.3 Where material thickness measurements are performed, only qualified American Society for
Non Destructive Testing (ASNT) SNT-TC-1A, Level II technicians or ASNT Central
Certification Program Level II technicians or Certified API 653 Inspectors with experience in
performing material thickness measurements shall perform the test.
8.1.6.1.4 External inspection reports including calibration of material thickness testing equipment shall
be retained at the Facility for the life of the AST by current and future Owners and Operators.
8.1.6.2 Specific Requirements for External Inspections
8.1.6.2.1 The external inspection shall include the examination of the exterior surfaces of the AST and
its structural attachments and appurtenances for defects and mechanical, thermal, and
environmental damage. All exposed surfaces shall be examined for evidence of damage from
impact, gouging, abrasion, scratching, and temperature variations. External inspections shall
include examination for areas exposed to sunlight that may be degraded by the ultraviolet light
with a resulting change in surface color and increased fiber prominence. External inspections
shall include examination for a change in color as a result of damage from overheating.
Insulation shall be removed to the extent necessary to determine the condition of the exterior
surfaces of the AST. The areas to inspect shall include but is not limited to the following:
8.1.6.2.1.1 Nozzle attachments;
8.1.6.2.1.2 Gusset attachments;
8.1.6.2.1.3 Flanges;
8.1.6.2.1.4 Secondary joints;
8.1.6.2.1.5 Hold down lugs;
8.1.6.2.1.6 Lifting lugs;
8.1.6.2.1.7 Gauge attachments.
8.1.6.2.2 Attachments of legs, saddles, skirts, or other components shall be examined for cracks where
the component attaches to or contacts the AST. The exterior surface of the AST in the vicinity
of the attached component shall be examined for cracks.
8.1.6.2.3 Piping loads on nozzles may be excessive. Therefore, all nozzles shall be closely examined
for cracks.
8.1.6.2.4 The location of all external damage shall be noted so that the opposing internal surface at that
location can be examined. For example, an impact load applied to the outer surface may be
transmitted through the laminate causing a star crack in the inner surface.
8.1.6.2.5 If known upsets occur that are outside the AST's designed specifications, then an external
inspection shall be performed within thirty (30) days of the upset to ensure the integrity of the
AST.
8.1.6.2.6 The following factors shall be considered when determining whether the initial external
inspection interval after being placed in service and subsequent external inspections intervals
need to be shortened to ensure the integrity of the AST:
8.1.6.2.6.1 The distance between the AST and personnel and other equipment;
8.1.6.2.6.2 Contains Regulated Substances or is subject to conditions known to degrade or shorten
the life of the laminates or liner;
8.1.6.2.6.3 Past experience has shown that more frequent external inspection are necessary;
8.1.6.2.6.4 Insurance or other regulatory requirements.
8.1.7 Internal Inspections
8.1.7.1 General Requirements
8.1.7.1.1 Internal inspections shall, at a minimum, follow the requirements of this Section.
8.1.7.1.2 Internal inspection frequencies shall at a minimum follow the requirements of this Section, but
in no instance shall the internal inspection frequency exceed ten (10) years, or other schedule
8.1.7.1.3 Where non-destructive testing methods are performed, only qualified SNT-TC-1A, Level II
technicians or ASNT Central Certification Program Level II technicians or Certified API 653
Inspectors with experience in performing non-destructive testing methods shall perform the
test.
8.1.7.1.4 Internal inspection reports shall be submitted to the Department and shall be retained at the
Facility for the life of the AST by current and future Owners and Operators.
8.1.7.2 Specific Requirements for Internal Inspections
8.1.7.2.1 The internal inspection shall include examination of the AST to ensure the integrity of the liner
and the structural laminate has not been compromised. The laminate shall be examined for
damage caused by the following conditions:
8.1.7.2.1.1 Excessive service temperature;
8.1.7.2.1.2 Mechanical or service abuse;
8.1.7.2.1.3 Ultraviolet light.
8.1.7.2.2 Surfaces shall be dry and clean for the internal inspection. Every effort shall be made to
minimize damage to the liner, if the AST is so equipped, during the internal inspection. Defects
or damage to look for during the internal inspection shall include but is not limited to the
following:
8.1.7.2.2.1 Indentations;
8.1.7.2.2.2 Cracks;
8.1.7.2.2.3 Porosity;
8.1.7.2.2.4 Exposed fibers;
8.1.7.2.2.5 Lack of resin;
8.1.7.2.2.6 Delamination;
8.1.7.2.2.7 Thinning at points of fluid impingement;
8.1.7.2.2.8 Blisters;
8.1.7.2.2.9 Scratches;
8.1.7.2.2.10 Gouges;
8.1.7.2.2.11 Discolorations.
8.1.7.2.3 All surfaces shall be examined with both direct and oblique illumination. Color differences,
opacity, stains, wetness, roughness, or any deviation from the original surface based upon the
original cutout sample condition shall be noted and investigated. Liquid level lines shall be
defined so the laminate condition in both the wet and dry zones can be determined. The
following areas shall be closely examined for cracks, porosity, or chemical attacks on the liner
or laminate:
8.1.7.2.3.1 Fittings;
8.1.7.2.3.2 Changes in shape;
8.1.7.2.3.3 Baffles;
8.1.7.2.3.4 Secondary overlays;
8.1.7.2.3.5 Nozzles;
8.1.7.2.3.6 Cut edges;
8.1.7.2.3.7 Supports and internal structures and areas of attachment.
8.1.7.2.4 The inspector shall look for cracks, porosity, and any indication of deterioration of the liner and
laminate. Liquid penetrant examination per RT-630 of ASME Section X may be used to locate
and determine the extent of cracks. Deterioration of the surface may include softening of fiber
prominence.
8.1.7.2.5 A Barcol 934-1 hardness test, which can be found in the Standard ASTM D-2583, shall be
performed on areas of suspected laminate degeneration. The resin hardness values shall be
used to monitor the condition of the laminate over time as compared to the initial hardness
value. If the corrosion resistant barrier shows such severe attack (for example, loose chopped
strand glass mat fibers) that penetration of the corrosion barrier appears imminent before the
next scheduled internal inspection, then the corrosion barrier shall be replaced.
8.1.7.2.6 If known upsets occur that are outside the AST's design specifications then an internal
inspection shall be performed within thirty (30) days of the upset to ensure the integrity of the
AST.
8.1.7.2.7 The following factors shall be considered when determining whether the initial internal
inspection interval after being placed in service and subsequent external inspections intervals
need to be shortened to ensure the integrity of the AST:
8.1.7.2.7.1 The distance between the AST and personnel and other equipment;
8.1.7.2.7.2 Contains regulated substances or is subject to conditions known to degrade or shorten the
life of the laminates or liner;
8.1.7.2.7.3 Past experience has shown that more frequent external inspections are necessary;
8.1.7.2.7.4 Insurance or other regulatory requirements.
8.1.7.3 Internal Inspection Report Requirements
8.1.7.3.1 The internal inspection report shall at a minimum include the following:
8.1.7.3.1.1 The report shall be typed, not written by hand; and
8.1.7.3.1.2 The report shall state the date(s) that the inspection was conducted; and
8.1.7.3.1.3 The report shall state the inspection was an internal inspection and what industry
inspection standard was utilized; and
8.1.7.3.1.4 The report shall contain the name, address, and phone number of the inspection company
that conducted the inspection; and
8.1.7.3.1.5 The report shall contain the printed name of the certified inspector, the inspector’s
certification number or copy of certification certificate, and the signature of the certified
inspector; and
8.1.7.3.1.6 The report shall list the tank data including but not limited to, the tank diameter, tank
height, regulated substance stored, date of tank construction, construction code, material of
tank construction, tank orientation, tank identification number as listed on the DNREC AST
registration form, type of foundation, type of roof, presence or absence of secondary
containment, material of construction of secondary containment, notation of type of tank
bottom as single or double, presence or absence of leak detection, type of leak detection if
present, presence or absence of tank insulation, presence or absence of cathodic protection,
and type of cathodic protection if present.
8.1.7.3.1.7 The report shall list all data collected including but not limited to, thickness measurements,
and
8.1.7.3.1.8 The report shall include all repairs required by industry standards; and
8.1.7.3.1.9 The report shall include all recommendations for repairs and upgrades not required by
industry standards but recommended by the certified inspector; and
8.1.7.3.1.10 The report shall include details of any repairs or upgrades made to the tank as required or
recommended by the certified inspector and any records of inspections of the repair or
Upgrade.
8.1.7.3.1.11 The report shall state the date the next inspection is due according to the inspection code
utilized for the inspection.
8.1.8 Underground Pipe Requirements
8.1.8.1 Underground Pipe is not subject to the requirements of Part C, Section 8.0.
8.2 Other Non-Metallic Field-Constructed and Shop-Fabricated ASTs
8.2.1 General Requirements
8.2.1.1 Owners or Operators of non-metallic field-constructed or shop-fabricated ASTs constructed of
material other than fiber reinforced thermosetting plastic (FRTP), shall submit to the Department
for approval before implementation, a schedule and criteria for inspections and testing. Inspection
criteria shall include routine inspections, internal inspections and external inspections. Testing
criteria shall include non-destructive testing and thickness measurements. The Owner or Operator
shall also meet any applicable reference standards.
8.2.1.2 The Owner or Operator shall notify the Department in writing ten (10) days prior to work
commencing when ASTs subject to this Section are emptied for maintenance, repairs, or removed
from service.
8.2.1.3 When a non-metallic AST has been tested or inspected as required by these Regulations, the
Owner or Operator shall immediately initiate the actions required or recommended by the report of
the certified inspector or the experience qualified individual, including but not limited to
recommendations for repair or removal from service.
8.2.1.4 A report of the findings of any inspection required by this Section that concludes the AST is not fit
for service shall be submitted to the Department and the AST Owner and Operator within thirty
(30) days of the conclusion of the inspection. The Owner or Operator shall submit to the
Department with the inspection report an additional report detailing a proposed course of action
including but not limited to removal of the AST contents and a schedule for repairs prior to the AST
being returned to service. Removal of the AST contents shall commence within five (5) days of the
conclusion that the AST is not fit for service and completion of the removal of the AST contents
shall not exceed ninety (90) days, unless an alternative schedule is approved by the Department.
8.2.1.5 Inspections shall only be performed by inspectors familiar with the non-metallic material or
materials from which the AST is constructed and qualified by experience for such inspections,
including but not limited to those individuals certified under:
8.2.1.5.1 ASME RTP-1, Reinforced Thermoset Plastic Corrosion Resistant Equipment; or
8.2.1.5.2 National Board Inspection Code (NBIC).
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
9.0 Inspection and Monitoring Requirements for Leak Detection

9.1 General Requirements
9.1.1 A Leak of Regulated Substances shall be detected and contained to prevent an impact on surface water,
groundwater, or soil outside the Secondary Containment.
9.1.2 Leak Detection methods other than visual shall be calibrated, tested, operated, and maintained in
accordance with the manufacturer's instructions, including routine maintenance checks for operability to
ensure that the device is functioning as designed.
9.1.3 All manufacturers' instructions and the performance claims and their manner of determination described in
writing by the equipment manufacturer or installer for the Leak Detection method shall be retained at the
Facility for the life of the AST.
9.2 Leak Detection Inspection and Monitoring
9.2.1 The Leak Detection method or combination of methods used, except for those ASTs equipped with a
Release Prevention Barrier or a double bottom, shall be inspected and monitored at least weekly to
determine if a Leak from the AST has occurred. A checklist for each Leak Detection monitoring point shall
be generated to document whether a Leak did or did not occur.
9.2.1.1 Leak Detection checklists that did not document a Leak shall be retained at the Facility by the
Owner or Operator for five (5) years after the Leak Detection inspection and shall be made
available for review at the Department's request.
9.2.1.2 Leak Detection checklists that did document a Leak shall be retained at the Facility by the Owner
or Operator for the life of the AST by current and future Owners or Operators.
9.2.1.3 Owners or Operators shall adhere to the reporting requirements, and the corrective action
requirements of Part E at any time evidence of a leak or release is noted during the course of an
inspection.
20 DE Reg. 815 (04/01/17)
10.0 Inspection and Monitoring Requirements for Inerting and Deflagration Prevention Systems
10.1 General Requirements
10.1.1 All ASTs subject to the Inerting Requirements of these Regulations shall have the Inerting system or other
Department approved Deflagration prevention system continuously in place, in use, and operating to
design specifications whenever an AST is in service and has the potential for a Flammable atmosphere.
The system shall be in place, in use and operated to design specifications unless the AST has been
cleaned sufficiently and purged of Flammable vapors to safely permit hot work in, on or around the AST.
10.1.2 Owners or Operators of ASTs subject to the Inerting Requirements of these Regulations shall adhere to
the reporting requirements of Part B Section 12 at any time the Inerting system or other Department
approved Deflagration prevention system is not operating in compliance with the requirements of Part B
Section 12.
10.2 Inspection and Monitoring
10.2.1 Inerting systems and other Department approved Deflagration prevention systems shall be calibrated,
tested, operated, and maintained in accordance with the manufacturer's instructions, including routine
maintenance checks for operability to ensure that the system is functioning as designed. However, in no
instance shall the calibration and testing of the Inerting system or other Department approved Deflagration
system exceed one year.
10.2.2 Records of the calibration, testing, and maintenance of Inerting systems and other Department approved
Deflagration prevention systems shall be made and shall be retained at the Facility by the Owner or
Operator for five (5) years after the report was generated. Reports shall be made available for review at the
Department's request.
10.2.3 All manufacturers' instructions, and the performance claims and their manner of determination described in
writing by the equipment manufacturer or installer for the Inerting system or Deflagration prevention
system shall be retained at the Facility for the life of the AST.
20 DE Reg. 815 (04/01/17)
PART D FINANCIAL RESPONSIBILITY REQUIREMENTS FOR ASTs
1.0 General Requirements for Financial Responsibility

1.1 Applicability
1.1.1 This Part applies to Owners and Operators of ASTs as defined in Title 7 Del.C. Ch. 74A, §7402A and not
otherwise exempt under Title 7 Del.C. Ch. 74A, §7404A or PART D, subsection 1.1.2.
1.1.2 An AST that is subject to and in compliance with the financial requirements of Delaware's Regulations
Governing Hazardous Waste or 40 CFR 264 or 40 CFR 265 is exempt from compliance with PART D.
1.1.3 Financial responsibility under this Part is only applicable to accidental releases occurring after the date
established in PART D, Section 2.
1.1.4 The State and federal government entities whose debts and liabilities are the debts and liabilities of the
State or the United States are exempt from the requirements of this Part for ASTs owned by a State or
Federal government entity.
1.1.5 If the Owner and Operator of an AST are separate persons, only one person is required to demonstrate
financial responsibility; however, both parties are liable in event of noncompliance. Regardless of which
party complies, the date set for compliance is established in PART D, Section 2.0.
20 DE Reg. 815 (04/01/17)
2.0 Compliance Dates and Documentation of Compliance

2.1 Required Financial Responsibility Documentation and Dates of Compliance
2.1.1 Owners and Operators of ASTs shall comply with the requirements of PART D by June 1, 2005.
2.1.2 Owners and Operators shall submit the appropriate documentation as referenced in PART D, Sections 5.0
through 15.0 and Forms A through Q once every twelve (12) months to the Department as proof of
compliance with the financial responsibility requirements of this Part. Owners and Operators shall maintain
a copy of all documentation as referenced in PART D, Sections 5.0 through 15.0 and Forms A-through Q
of PART D.
2.1.3 Owners and Operators shall maintain evidence of all current and historical financial responsibility
mechanisms used to demonstrate financial responsibility under PART D until released from the
requirements under PART D, Section 19.0.
2.1.4 Records documenting compliance with the financial responsibility requirements of this Part shall be made
available upon the request of the Department.
2.1.5 Owners and Operators shall submit to the Department documentation of the current mechanism within
thirty (30) days of confirmation of a release from the AST.
2.1.6 No AST shall contain a regulated substance without a current and valid financial responsibility mechanism
in accordance with the applicable requirements of these Regulations.
20 DE Reg. 815 (04/01/17)
3.0 Amount and Scope of Required Financial Responsibility

3.1 Required Amount of Financial Responsibility by Aggregate Storage Capacity
3.1.1 Owners and Operators of ASTs shall demonstrate financial responsibility for taking corrective action and
for compensating third parties for bodily injury and property damage caused by accidental releases from
the operation of ASTs in at least the following amounts. Aggregate storage capacities used to establish the
following levels of financial responsibility are the total storage capacity of all applicable ASTs in the State
of Delaware:
3.1.1.1 For a person owning aggregate storage capacity less than or equal to 500,000 gallons, the
demonstration of financial responsibility for corrective action and third-party liability shall be a
minimum of $500,000 per occurrence and $1 million annual aggregate.
3.1.1.2 For a person owning aggregate storage capacity of greater than 500,000 gallons and less than or
equal to 1,000,000 gallons, the demonstration of financial responsibility for corrective action and
third-party liability shall be a minimum of $1 million per occurrence and $1 million annual
aggregate.
3.1.1.3 For a person owning aggregate storage capacity of greater than 1,000,000 gallons and less than
or equal to 3,000,000 gallons, the demonstration of financial responsibility for corrective action and
aggregate.
3.1.1.4 For a person owning aggregate storage capacity of greater than 3,000,000 gallons and less than
or equal to 5,000,000 gallons, the demonstration of financial responsibility for corrective action and
aggregate.
3.1.1.5 For a person owning aggregate storage of greater than 5,000,000 gallons, the demonstration of
financial responsibility for corrective action and third-party liability shall be a minimum of $3 million
per occurrence and $6 million annual aggregate.
3.2 Additional Financial Responsibility Requirements
3.2.1 The amount of financial responsibility required under this Section excludes legal defense and
administrative costs.
3.2.2 The required per occurrence and annual aggregate coverage amounts do not in any way limit the liability
of the Owner or Operator.
3.2.3 The annual aggregate on ASTs is separate from the annual aggregate on underground storage tanks.
3.2.4 Owners and Operators shall review the amount of financial responsibility provided whenever additional
ASTs are installed to comply with the requirements of PART D, subsection 3.1.
8 DE Reg. 1167 (02/01/05)
20 DE Reg. 815 (04/01/17)
4.0 Allowable Mechanisms and Combinations of Mechanisms
4.1 Allowable Financial Responsibility Mechanisms
4.1.1 Except as provided by Part D, subsection 4.1.2 and PART D, subsection 4.1.3:
4.1.1.1 An Owner or Operator may use any one or combination of the mechanisms listed in PART D,
Sections 5.0 through 10.0, inclusive, to satisfy the requirements of PART D, Section 3.0.
4.1.1.2 A Local Government Owner or Operator may use any one or combination of the mechanisms
listed in PART D, Sections 5.0 through 14.0, inclusive, to satisfy the requirements of PART D,
Section 3.0.
4.1.2 An Owner or Operator may use Self-Insurance in combination with a guarantee only if, for the purpose of
meeting the requirements of the financial test under this rule, the financial statements of the Owner or
Operator are not consolidated with the financial statements of the Guarantor.
4.1.3 If the Owner or Operator uses separate mechanisms or separate combinations of mechanisms to
demonstrate financial responsibility for:
4.1.3.1 Taking corrective action; and
4.1.3.2 Compensating third parties for bodily injury and property damage caused by accidental releases;
the amount of financial responsibility provided by the combination of mechanisms shall be in the
full amount specified in PART D, subsection 3.1.
4.1.4 Where an Owner or Operator uses a combination of separate mechanisms to cumulatively demonstrate
financial responsibility, the mechanisms shall clearly and expressly state the order and priority of the
mechanisms in paying for corrective action and/or compensation of third parties, and such order and
priority shall be consistent with all regulatory requirements for demonstrating financial responsibility.
20 DE Reg. 815 (04/01/17)
5.0 Self-Insurance
5.1 Requirements for Use of Self-Insurance to Comply with Financial Responsibility
5.1.1 To satisfy the requirements of PART D, Section 3.0 by Self-Insurance, the Owner, Operator, or Guarantor
shall:
5.1.1.1 Meet the financial test in PART D, subsection 5.1.2 or PART D, subsection 5.1.3 based on year-
end financial statements for the latest completed Financial Reporting Year; and,
5.1.1.2 Complete PART D, Section 21.0 Form A exactly as shown, except that the instructions in brackets
are to be replaced by the relevant information and the brackets deleted; and,
5.1.1.3 Submit the completed PART D, Section 21.0, Form A to the Department, signed by the Chief
Financial Officer of the Owner, Operator, or Guarantor, within one hundred and twenty (120) days
of the close of each fiscal year.
5.1.2 Alternative I - Net Worth Test
5.1.2.1 The Owner, Operator, or Guarantor, shall have a tangible net worth of at least $10 million; and
5.1.2.2 The Owner, Operator, or Guarantor, shall have a tangible net worth of at least ten times the sum of
the following:
5.1.2.2.1 The applicable annual aggregate amount required by PART D, Section 3.0 less the amount
obtained through another mechanism or combination of mechanisms in accordance with
PART D, Section 4.0, for which a financial test is used to demonstrate financial responsibility
to the Department under this Section; and
5.1.2.2.2 Any other liability coverage for which the Owner or Operator is using the test to demonstrate
financial responsibility to the State or EPA, (this includes but is not limited to Subtitle C
Hazardous waste facilities, SDWA hazardous waste injection wells, Subtitle I Underground
Storage Tank facilities), and
5.1.2.3 The Owner, Operator, or Guarantor, shall either:
5.1.2.3.1 File financial statements annually with the U.S. Securities and Exchange Commission (SEC),
the Energy Information Administration (EIA), or the Rural Utilities Service (RUS); or
5.1.2.3.2 Annually report the firm's tangible net worth to Dun & Bradstreet, and Dun & Bradstreet shall
have assigned the firm a financial strength rating of 4A or 5A, and
5.1.2.4 The firm's year-end financial statements, if independently audited, cannot include an adverse
auditor's opinion, a disclaimer of opinion, or a going concern qualification.
5.1.3 Alternative II - Net Working Capital Test
5.1.3.1 The Owner, Operator, or Guarantor shall have a tangible net worth of at least $10 million; and
5.1.3.2 The Owner, Operator, or Guarantor shall have a tangible net worth of six times the sum of the
following:
5.1.3.2.1 The applicable annual aggregate amount required by PART D, Section 3.0 less the amount
obtained through another mechanism or combination of mechanisms in accordance with
PART D, Section 4.0, for which a financial test is used to demonstrate financial responsibility
to the Department under this Section; and
5.1.3.2.2 Any other liability coverage for which the Owner or Operator is using the test to demonstrate
financial responsibility to the State or EPA, (this includes but is not limited to Subtitle C
Hazardous Waste Facilities, SDWA Hazardous Waste Injection Wells, Subtitle I Underground
Storage Tank facilities); and
5.1.3.3 The Owner, Operator, or Guarantor shall have either:
5.1.3.3.1 At least 90 percent of assets are in the United States, or
5.1.3.3.2 U.S. assets are at least six times the sum of the following:
5.1.3.3.2.1 The applicable annual aggregate amount required by PART D, Section 3.0 less the
amount obtained through another mechanism or combination of mechanisms in accordance
with PART D, Section 4.0, for which a financial test is used to demonstrate financial
responsibility to the Department under this Section; and
5.1.3.3.2.2 Any other liability coverage for which the Owner or Operator is using the test to
demonstrate financial responsibility to the State or EPA, (this includes but is not limited to
Subtitle C Hazardous Waste Facilities, SDWA Hazardous Waste Injection Wells, Subtitle I
Underground Storage Tank facilities); and
5.1.3.4 The Owner, Operator, or Guarantor shall have either
5.1.3.4.1 Net working capital of at least six times the sum of the following:
5.1.3.4.1.1 The applicable annual aggregate amount required by PART D, Section 3.0 less the
amount obtained through another mechanism or combination of mechanisms in accordance
with PART D, Section 4.0, for which a financial test is used to demonstrate financial
responsibility to the Department under this Section; and
5.1.3.4.1.2 Any other liability coverage for which the Owner or Operator is using the test to
demonstrate financial responsibility to the State or EPA, (this includes but is not limited to
Subtitle C Hazardous Waste Facilities, SDWA Hazardous Waste Injection Wells, Subtitle I
Underground Storage Tank facilities); or
5.1.3.4.2 A current Standard & Poor's bond rating of AAA, AA, A or BBB, or a current Moody's bond
rating of Aaa, Aa, A or Baa for the most recent bond issuance, and
5.1.3.5 The fiscal year end financial statements of the Owner, Operator, or Guarantor, shall be
independently audited, and cannot include an adverse auditor's opinion, a disclaimer of opinion, or
a going concern qualification, and
5.1.3.6 If the financial statements of the Owner, Operator, or Guarantor are not submitted annually to the
U.S. Securities and Exchange Commission (SEC), the Energy Information Administration (EIA) or
the Rural Utilities Service (RUS), the Owner, Operator, or Guarantor using the Alternative II test,
shall obtain a special report by an independent certified public accountant which contains the
accountant's certification that there are no material differences between the financial data in the
submission required under PART D, subsection 5.1.2.4 and the independently audited year-end
financial statements and footnotes for the latest completed Financial Reporting Year.
5.1.4 If an Owner or Operator finds that he or she no longer meets the requirements of PART D, subsection 5.1,
the Owner or Operator shall obtain alternative coverage within one hundred fifty (150) days of the latest
completed Financial Reporting Year.
5.1.5 The Department may require reports of financial condition at any time from the Owner, Operator, or
Guarantor. If the Department finds, on the basis of such reports or other information, that the Owner,
Operator, or Guarantor no longer meets the requirements of PART D, subsection 5.1, the Owner or
Operator shall obtain alternate coverage within 30 days after notification by verifiable service of such a
finding.
5.1.6 If the Owner and Operator fail to obtain alternate coverage within one hundred fifty (150) days of finding
that he or she no longer meets the requirements of PART D, subsection 5.1, or within thirty (30) days of
notification by the Department that he or she no longer meets the requirements of PART D, subsection 5.1,
the Owner or Operator shall notify the Secretary of such failure within ten (10) days.
20 DE Reg. 815 (04/01/17)
6.0 Guarantee
6.1 Requirements for Use of Guarantee to Comply with Financial Responsibility
6.1.1 An Owner or Operator may satisfy the requirements of PART D, Section 3.0 by obtaining a guarantee that
conforms to the requirements of this Section. The Guarantor must be a business entity that:
6.1.1.1 Possesses a controlling interest in the Owner or Operator; or
6.1.1.2 Possesses a controlling interest in a firm that has a controlling interest in the Owner or Operator;
or
6.1.1.3 Is an affiliate which is controlled through stock ownership by a common parent firm that possesses
a controlling interest in the Owner or Operator; or
6.1.1.4 Is engaged in a Substantial Business Relationship with the Owner or Operator and is issuing the
guarantee as an act incident to that business relationship.
6.1.2 The Guarantor shall:
6.1.2.1 Comply with PART D, Section 5.0; and
6.1.2.2 Complete PART D, Section 22.0, Form B, except that instructions in brackets are to be replaced
with the relevant information and the brackets deleted; and
6.1.2.3 Submit the completed PART D, Section 22.0, Form B to the Department together with their
submission under PART D, Section 5.0; and
6.1.2.4 Provide the Owner or Operator with copies of their submissions under PART D, subsections
6.1.2.1 and PART D, subsection 6.1.2.3.
6.1.3 If the Guarantor fails to meet the requirements of the financial test at the end of any Financial Reporting
Year, within one hundred twenty (120) days of the end of that Financial Reporting Year the Guarantor shall
send by verifiable service, before cancellation or non renewal of the guarantee, notice to the Owner and
Operator and to the Department. The guarantee will terminate no less than one hundred twenty (120) days
after the date the Owner and Operator receives the notification, as evidenced by verifiable service. The
Owner or Operator shall obtain alternative coverage as specified in subsection 17.2.
6.1.4 If the Department notifies the Guarantor that he no longer meets the requirements of PART D subsection
5.1.1.1, the Guarantor shall notify the Owner and Operator by Verifiable Service within ten (10) days of
receiving such notification from the Department. The guarantee will terminate no less than one hundred
twenty (120) days after the date the Owner and Operator receives the notification, as evidenced by
Verifiable Service. The Owner or Operator shall obtain alternative coverage as specified in PART D,
subsection 17.2.
6.1.5 The Owner or Operator who uses a guarantee to satisfy the requirements of PART D Section 3.0 shall also
establish a standby trust fund at the same time that the guarantee is obtained. Under the terms of the
guarantee, all amounts paid by the Guarantor under the guarantee will be deposited directly into the
standby trust fund in accordance with instructions from the Department under PART D, Section 18.0. This
standby trust fund shall meet the requirements specified in PART D, Section 15.0.
6.1.6 An Owner or Operator may use a guarantee to establish financial responsibility only if the State's Attorney
General has submitted a written statement to the Department that a guarantee executed as described in
this Section is a legally valid and enforceable obligation in the State of Delaware.
20 DE Reg. 815 (04/01/17)
7.0 Insurance and Risk Retention Group Coverage

7.1 Requirements for Use of Insurance or Risk Retention Group to Comply with Financial Responsibility
7.1.1 An Owner or Operator may satisfy the requirements of PART D, Section 3.0 by obtaining liability insurance
that conforms to the requirements of this Section. Such insurance may be in the form of a separate
insurance policy or an endorsement to an existing insurance policy.
7.1.2 Each insurance policy shall be amended by an endorsement worded as specified in PART D, Section 22.0,
Form C or evidenced by a certificate of insurance worded as specified in PART D, Section 23.0, Form D
except that instructions in brackets shall be replaced with the relevant information and the brackets
deleted.
7.1.3 Each insurance policy shall be issued by an insurer or a risk retention group that, at a minimum, is licensed
to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer
in one or more States and has a current Standard & Poor's rating of AAA, AA, A or BBB, or a current
Moody's rating of Aaa, Aa, A or Baa.
20 DE Reg. 815 (04/01/17)
8.0 Surety Bond

8.1 Requirements for Use of Surety Bond to Comply with Financial Responsibility
8.1.1 An Owner or Operator may satisfy the requirements of PART D, Section 3.1, by obtaining a surety bond
that conforms to the requirements of this Section. The surety company issuing the bond must be among
those listed as acceptable sureties on federal bonds in the latest Circular 570 of the U.S. Department of
the Treasury.
8.1.2 The surety bond shall be worded as shown in PART D, Section 24.0, Form E, except that instructions in
brackets shall be replaced with the relevant information and the brackets deleted.
8.1.3 Under the terms of the bond, the surety will become liable on the bond obligation when the Owner or
Operator fails to perform as guaranteed by the bond. In all cases, the surety's liability is limited to the levels
of financial responsibility required by PART D, Section 3.0.
8.1.4 The Owner or Operator who uses a surety bond to satisfy the requirements of PART D, Section 3.0 shall
also establish a standby trust fund when the surety bond is acquired. Under the terms of the bond, all
amounts paid by the surety under the bond will be deposited directly into the standby trust fund in
accordance with instructions from the Secretary under PART D, Section 18.0. This standby trust fund shall
meet the requirements specified in PART D, Section 15.0.
8.1.5 An Owner or Operator may use a surety bond to establish financial responsibility only if the State's
Attorney General has submitted a written statement to the Department that a surety bond executed as
described in this Section is a legally valid and enforceable obligation in the State of Delaware.
8.1.6 The surety(ies) company may cancel the bond by sending notice of cancellation to the Owner and
Operator and the Department by Verifiable Service, provided, however, that cancellation shall not occur
during the 120 days beginning on the date of receipt of the notice of cancellation by the Owner and
Operator as evidenced by Verifiable Service. The Owner or Operator shall obtain alternative coverage as
specified in PART D, subsection 17.2.
8.1.7 If the Department notifies the Owner or Operator that the surety(ies) company no longer meets the
requirements of this Section, the Owner or Operator shall obtain alternative coverage as specified in PART
D, subsection 17.2.
20 DE Reg. 815 (04/01/17)
9.0 Letter of Credit

9.1 Requirements for Use of Letter of Credit to Comply with Financial Responsibility
9.1.1 An Owner or Operator may satisfy the requirements of PART D, Section 3.0 by obtaining an irrevocable
standby letter of credit that conforms to the requirements of this Section and is issued by an institution that
has authority to issue letters of credit and whose letter of credit operations are regulated and examined by
a federal or State agency.
9.1.2 The letter of credit shall be worded as shown in PART D, Section 25.0, Form F except that instructions in
brackets are to be replaced with the relevant information and the brackets deleted.
9.1.3 An Owner or Operator who uses a letter of credit to satisfy the requirements of PART D, Section 3.0 shall
also establish a standby trust fund when the letter of credit is acquired. Under the terms of the letter of
credit, all amounts paid pursuant to a draft by the Department will be deposited by the issuing institution
directly into the standby trust fund in accordance with instructions from the Department under PART D,
Section 18.0. This standby trust fund shall meet the requirements specified in PART D, Section 15.0.
9.1.4 The letter of credit shall be irrevocable with a term specified by the issuing institution. The letter of credit
shall provide that credit be automatically renewed from the same term as the original term, unless, at least
one hundred and twenty (120) days before the current expiration date, the issuing institution notifies the
Owner and Operator by verifiable service of its decision not to renew the letter of credit. Under the terms of
the letter of credit, the one hundred and twenty (120) days will begin on the date when the Owner and
Operator receives the notice, as evidenced by the verifiable service.
20 DE Reg. 815 (04/01/17)
10.0 Trust Fund

10.1 Requirements for Use of Trust Fund to Comply with Financial Responsibility
10.1.1 An Owner or Operator may satisfy the requirements of PART D, Section 3.0 by establishing a trust fund
that conforms to the requirements of this Section. The trustee shall be an entity that has the authority to act
as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of
the State in which the fund is established.
10.1.2 The wording of the trust agreement shall be identical to the wording specified in PART D, Section 26.0,
Form G except that instructions in brackets are to be replaced with the relevant information and the
brackets deleted, and shall be accompanied by a formal certification of acknowledgment as specified in
PART D, Section 26.0, Form G.
10.1.3 The trust fund, when established, shall be funded for the full required amount of coverage, or funded for
part of the required amount of coverage and used in combination with other mechanism(s) that provide the
remaining required coverage.
10.1.4 If the value of the trust fund is greater than the required amount of coverage, the Owner or Operator may
submit a written request by verifiable service to the Secretary for release of the excess.
10.1.5 If other financial responsibility as specified in this Section is substituted for part of the trust fund, the Owner
or Operator may submit a written request by verifiable service to the Secretary for release of the excess.
10.1.6 Within sixty (60) days after receiving a request from the Owner or Operator for Release of funds as
specified in PART D, subsection 10.1.4 or PART D, subsection 10.1.5, the Department will instruct the
trustee to Release to the Owner or Operator such funds as the Department specifies in writing by verifiable
service.
20 DE Reg. 815 (04/01/17)
11.0 Local Government Bond Rating Test

11.1 Requirements for Use of Local Government Bond Rating Test to Comply with Financial Responsibility
11.1.1 A general purpose local government Owner or Operator and/or local government serving as a Guarantor
may satisfy the requirements of PART D, Section 3.0 by having a currently outstanding issue or issues of
general obligation bonds of at least the minimum Annual Aggregate amount required in PART D, Section
3.0 excluding refunded obligations, with a Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's
rating of AAA, AA, A, or BBB. Where a local government has multiple outstanding issues, or where a local
government’s bonds are rated by both Moody's and Standard & Poor's, the lowest rating shall be used to
determine eligibility. Bonds that are backed by credit enhancement other than municipal bond insurance
shall not be considered in determining the amount of applicable bonds outstanding.
11.1.2 A local government Owner or Operator or local government serving as a Guarantor that is not a general
purpose local government and does not have the legal authority to issue general obligation bonds may
satisfy the requirements of PART D, Section 3.0:
11.1.2.1 having a currently outstanding issue or issues of revenue bonds of at least the minimum Annual
Aggregate amount required in PART D, Section 3.0 excluding refunded issues and having a
Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the
lowest rating for any rated revenue bond issued by the local government. Where bonds are rated
by both Moody's and Standard & Poor's, the lower rating for each bond must be used to determine
eligibility. Bonds that are backed by credit enhancement may not be considered in determining the
amount of applicable bonds outstanding.
11.1.3 The local government Owner or Operator or Guarantor shall maintain a copy of its bond rating published
within the last twelve (12) months by Moody's or Standard & Poor's.
11.1.4 To demonstrate that it meets the local government bond rating test, the Chief Financial Officer of a general
purpose local government Owner or Operator and/or Guarantor shall have a letter signed by the Chief
Financial Officer worded as specified in PART D, Section 27.0, Form J except that instructions in brackets
are to be replaced by the relevant information and the brackets deleted.
11.1.5 To demonstrate that it meets the local government bond rating test, the Chief Financial Officer of local
government Owner, Operator, or Guarantor other than a general purpose government shall have a letter
signed by the Chief Financial Officer worded as specified in PART D, Section 28.0, Form K except that
instructions in brackets are to be replaced with relevant information and the brackets deleted.
11.1.6 The Department may require reports of financial condition at any time from the local government Owner,
Operator, or local government Guarantor. If the Department finds, on the basis of such reports or other
information, that the local government Owner, Operator, or Guarantor, no longer meets the local
government bond rating test requirements of this Section, the local government Owner or Operator shall
obtain alternative coverage within thirty (30) days after notification of such a finding.
11.1.7 If a local government Owner or Operator using the bond rating test to provide financial responsibility finds
that it no longer meets the bond rating test requirements, the local government Owner or Operator shall
obtain alternative coverage within one hundred and fifty (150) days of the change in status.
11.1.8 A local government Owner or Operator using the Local Government bond rating test under PART D,
Section 11 shall maintain a copy of its bond rating published within the last twelve months by Moody's or
Standard & Poor's.
20 DE Reg. 815 (04/01/17)
12.0 Local Government Financial Test

12.1 Requirements for Use of Local Government Financial Test to Comply with Financial Responsibility
12.1.1 A local government Owner or Operator may satisfy the requirements of PART D, Section 3.0 by passing
the financial test specified in this Section. To be eligible to use the financial test, the local government
Owner or Operator shall have the ability and authority to assess and levy taxes or to freely establish fees
and charges. To pass the local government financial test, the Owner or Operator shall meet the criteria of
PART D, subsection 12.1.3 and PART D, subsection 12.1.4 based on year-end financial statements for the
latest completed Financial Reporting Year.
12.1.2 The local government Owner or Operator shall have the following information available, as shown in the
year-end financial statements for the latest completed fiscal year:
12.1.2.1 Total Revenues: Consists of the sum of general fund operating and non-operating revenues
including net local taxes, licenses and permits, fines and forfeitures, revenues from use of money
and property, charges for services, investment earnings, sales (property, publications, etc.),
intergovernmental revenues (restricted and unrestricted), and total revenues from all other
governmental funds including enterprise, debt service, capital projects, and special revenues, but
excluding revenues to funds held in a trust or agency capacity. For purposes of this test, the
calculation of total revenues shall exclude all transfers between funds under the direct control of
the local government using the financial test (interfund transfers), liquidation of investments, and
issuance of debt.
12.1.2.2 Total Expenditures: Consists of the sum of general fund operating and non-operating expenditures
including public safety, public utilities, transportation, public works, environmental protection,
cultural and recreational, community development, revenue sharing, employee benefits and
compensation, office management, planning and zoning, capital projects, interest payments on
debt, payments for retirement of debt principal, and total expenditures from all other governmental
funds including enterprise, debt service, capital projects, and special revenues. For purposes of
this test, the calculation of total expenditures shall exclude all transfers between funds under the
direct control of the local government using the financial test (interfund transfers).
12.1.2.3 Local Revenues: Consists of total revenues (as defined in PART D, subsection 12.1.2.1) minus the
sum of all transfers from other governmental entities, including all monies received from Federal,
State, or local government sources.
12.1.2.4 Debt Service: Consists of the sum of all interest and principal payments on all long-term credit
obligations and all interest-bearing short-term credit obligations. Includes interest and principal
payments on general obligation bonds, revenue bonds, notes, mortgages, judgments, and interest
bearing warrants. Excludes payments on non-interest bearing short-term obligations, interfund
obligations, amounts owed in a trust or agency capacity, and advances and contingent loans from
other governments.
12.1.2.5 Total Funds: Consists of the sum of cash and investment securities from all funds, including
general, enterprise, debt service, capital projects, and special revenue funds, but excluding
employee retirement funds, at the end of the local government's Financial Reporting Year.
Includes Federal securities, Federal agency securities, State and local government securities, and
other securities such as bonds, notes and mortgages. For purposes of this test, the calculation of
total funds shall exclude agency funds, private trust funds, accounts receivable, value of real
property, and other non-security assets.
12.1.2.6 Population: Consists of the number of people in the area served by the local government.
12.1.3 The local government's year-end financial statements, if independently audited, cannot include an adverse
auditor's opinion or a disclaimer of opinion. The local government cannot have outstanding issues of
general obligation or revenue bonds that are rated as less than investment grade.
12.1.4 The local government Owner or Operator shall have a letter signed by the Chief Financial Officer worded
as specified in PART D, Section 29.0, Form L except that instructions in brackets are to be replaced with
relevant information and the brackets deleted.
12.1.5 To demonstrate that it meets the financial test under PART D, subsection 12.1.2, the Chief Financial
Officer of the local government Owner or Operator, shall sign, within one hundred and twenty (120) days of
the close of each Financial Reporting Year, as defined by the twelve month period for which financial
statements used to support the financial test are prepared, a letter worded as specified in PART D, Section
29.0, Form L except that instructions in brackets are to be replaced with relevant information and the
brackets deleted.
12.1.6 If a local government Owner or Operator using the test to provide financial responsibility finds that it no
longer meets the requirements of the financial test based on the year-end financial statements, the Owner
or Operator shall obtain alternative coverage within one hundred and fifty (150) days of the end of the year
for which financial statements have been prepared.
12.1.7 The Department may require reports of financial condition at any time from the local government Owner or
Operator. If the Department finds, on the basis of such reports or other information, that the local
government Owner or Operator no longer meets the financial test requirements of PART D, subsection
§12.1.2 and PART D, subsection 12.1.5, the Owner or Operator shall obtain alternate coverage within
thirty (30) days after notification of such a finding.
12.1.8 If the local government Owner or Operator fails to obtain alternate assurance within one hundred and fifty
(150) days of finding that it no longer meets the requirements of the financial test based on the year-end
financial statements or within thirty (30) days of notification by the Department that it no longer meets the
requirements of the financial test, the Owner or Operator shall notify the Department of such failure within
ten (10) days.
20 DE Reg. 815 (04/01/17)
13.0 Local Government Guarantee

13.1 Requirements for Use of Local Government Guarantee to Comply with Financial Responsibility
13.1.1 A local government Owner or Operator may satisfy the requirements of PART D, Section 3.0 by obtaining
a guarantee that conforms to the requirements of this Section. The Guarantor shall be either the State in
which the local government Owner or Operator is located or a local government having a substantial
business relationship with the Owner or Operator and issuing the guarantee as an act incident to that
relationship. A local government acting as the Guarantor shall:
13.1.1.1 Demonstrate that it meets the bond rating test requirement of PART D, Section 11.0 and deliver a
copy of the completed Chief Financial Officer's letter as contained in PART D, Section 27.0, Form
J to the local government Owner or Operator; or
13.1.1.2 Demonstrate that it meets the worksheet test requirements of PART D, Section 12.0 and deliver a
copy of the completed Chief Financial Officer's letter as contained in PART D, Section 28.0, Form
K to the local government Owner and Operator; or
13.1.1.3 Demonstrate that it meets the local government fund requirements of PART D, subsection
14.1.1.1, PART D, subsection 14.1.1.2 or PART D, subsection 14.1.1.3 and deliver a copy of the
completed Chief Financial Officer's letter as contained in PART D Section 31.0, Form Q to the local
government Owner and Operator.
13.1.2 If the local government Guarantor is unable to demonstrate financial responsibility under any of the
mechanisms in PART D, Section 11.0, PART D, Section 12.0 or PART D, Section 14.0, at the end of the
Financial Reporting Year, the Guarantor shall send by verifiable service, before cancellation or non-
renewal of the guarantee, notice to the Owner and Operator and to the Department. The guarantee will
terminate no less than one hundred and twenty (120) days after the date the Owner and Operator receives
the notification, as evidenced by verifiable service. The Owner or Operator shall obtain alternative
coverage as specified in PART D, subsection 17.2.
13.1.3 The guarantee agreement shall be worded as specified in PART D, Section 29.0 Form M, PART D,
Section 30.0, Form N, PART D, Section 31.0 Form O or PART D, Section 32.0 Form P, depending on
which of the following alternative guarantee arrangements is selected:
13.1.3.1 If, in the default or incapacity of the Owner or Operator, the Guarantor guarantees to fund a
standby trust as directed by the Secretary, the guarantee shall be worded as specified in PART D,
Section 29.0 Form M or PART D, Section 30.0, Form N.
13.1.3.2 If, in the default or incapacity of the Owner or Operator, the Guarantor guarantees to make
payments as directed by the Secretary for taking corrective action or compensating third parties for
bodily injury and property damage, the guarantee shall be worded as specified in PART D, Section
31.0 Form O or PART D, Section 32.0 Form P.
13.1.4 If the Guarantor is a State, the local government Guarantee With Standby Trust shall be worded as shown
in PART D, Section 29.0 Form M, except that instructions in brackets are to be replaced with relevant
information and the brackets deleted.
13.1.5 If the Guarantor is a local government, the local government Guarantee With Standby Trust shall be
worded as shown in PART D, Section 30.0 Form N, except that instructions in brackets are to be replaced
with relevant information and the brackets deleted.
13.1.6 If the Guarantor is a State, the local government Guarantee Without Standby Trust shall be worded as
shown in PART D, Section 31.0 Form O, except that instructions in brackets are to be replaced with
relevant information and the brackets deleted.
13.1.7 If the Guarantor is a local government, the local government Guarantee Without Standby Trust shall be
worded as shown in PART D, Section 32.0 Form P, except that instructions in brackets are to be replaced
with relevant information and the brackets deleted.
13.1.8 A local government Owner or Operator using the local government Guarantee under PART D, Section
13.0, where the Guarantor's demonstration of financial responsibility relies on the bond rating test under
PART D, Section 11.0, shall maintain a copy of the Guarantor's bond rating published within the last twelve
months by Moody's or Standard & Poor's.
13.1.9 A local government Owner or Operator using the local government Guarantee supported by PART D,
Section 14.0, local government Fund, shall maintain a copy of the Guarantor's year-end financial
statements for the most recent completed Financial Reporting Year showing the amount of the fund.
20 DE Reg. 815 (04/01/17)
14.0 Local Government Fund

14.1 Requirements for Use of Local Government Fund to Comply with Financial Responsibility
14.1.1. A local government Owner or Operator may satisfy the requirements of PART D, Section 3.0 by
establishing a dedicated fund account that conforms to the requirements of this Section. Except as
specified in PART D, subsection 14.1.1.2, a dedicated fund may not be commingled with other funds or
otherwise used in normal operations. A dedicated fund will be considered eligible if it meets one of the
following requirements:
14.1.1.1 The fund is dedicated by State constitutional provision, or local government statute, charter,
ordinance, or order to pay for taking Corrective Action and for compensating third parties for bodily
injury and property damage caused by accidental releases arising from the operation of ASTs and
is funded for the full amount of coverage required under PART D, Section 3.0, or funded for part of
the required amount of coverage and used in combination with other mechanism(s) that provide
the remaining coverage; or
ordinance, or order as a contingency fund for general emergencies, including taking corrective
action and compensating third parties for bodily injury and property damage caused by accidental
releases arising from the operation of ASTs, and is funded for five times the full amount of
coverage required under PART D, Section 3.0, or funded for part of the required amount of
coverage and used in combination with other mechanism(s) that provide the remaining coverage.
If the fund is funded for less than five times the amount of coverage required under PART D,
Section 3.0, the amount of financial responsibility demonstrated by the fund shall not exceed one
fifth the amount in the fund; or
ordinance or order to pay for taking corrective action and for compensating third parties for bodily
injury and property damage caused by accidental releases arising from the operation of ASTs. A
payment is made to the fund once every year for seven years until the fund is fully-funded. This
seven year period is hereafter referred to as the "pay in period." The amount of each payment shall
be determined by this formula:
(TF-CF)/Y
Where TF is the total required financial responsibility for the Owner or Operator, CF is the current
amount in the fund, and Y is the number of years remaining in the pay in period, and
14.1.1.3.1 The local government Owner or Operator has available bonding authority, approved through
voter referendum (if such approval is necessary prior to the issuance of bonds), for an amount
equal to the difference between the required amount of coverage and the amount held in the
dedicated fund. This bonding authority shall be available for taking corrective action and for
compensating third parties for bodily injury and property damage caused by accidental
releases arising from the operation of ASTs, or
14.1.1.3.2 The local government Owner or Operator has a letter signed by the appropriate State Attorney
General stating that the use of the bonding authority will not increase the local government's
debt beyond the legal debt ceilings established by the relevant State laws. The letter shall also
State that prior voter approval is not necessary before use of the bonding authority.
14.1.2 To demonstrate that it meets the requirements of the local government fund, the Chief Financial Officer of
the local government Owner or Operator and/or Guarantor shall sign a letter worded as specified in PART
D, Section 31.0, Form Q, except that the instructions in brackets are to be replaced by the relevant
information and the brackets deleted.
14.1.3 An Owner or Operator using a local government fund under PART D, Section 14.0 shall maintain the
following documents:
14.1.3.1 A copy of the State constitutional provision or local government statute, charter, ordinance, or
order dedicating the fund, and
14.1.3.2 Year-end financial statements for the most recent completed Financial Reporting Year showing the
amount in the fund. If the fund is established under PART D, subsection 14.1.1.3 using incremental
funding backed by bonding authority, the financial statements shall show the previous year's
balance, the amount of funding during the year, and the closing balance in the fund, and
14.1.3.3 If the fund is established under PART D, subsection 14.1.1.3 using incremental funding backed by
bonding authority, the Owner or Operator shall also maintain documentation of the required
bonding authority, including either the results of voter referendum under PART D, subsection
14.1.1.3.1, or attestation by the State Attorney General as specified under PART D, subsection
14.1.1.3.2.
20 DE Reg. 815 (04/01/17)
15.0 Standby Trust Fund

15.1 Requirements for Use of Standby Trust Fund to Comply with Financial Responsibility
15.1.1 An Owner or Operator using any one of the mechanisms authorized by PART D, Section 6.0, PART D,
Section 8.0, PART D, Section 9.0 and PART D, Section 10.0 shall establish a standby trust fund when the
mechanism is acquired. The trustee of the standby trust fund shall be an entity that has the authority to act
as a trustee and whose trust operations are regulated and examined by an agency of the State in which
the fund is established.
15.1.2 The standby trust agreement shall be worded as shown in PART D, Section 28.0 Form H except that
instructions in brackets are to be replaced with the relevant information and the brackets deleted.
15.1.3 The Secretary will instruct the trustee to refund the balance of the standby trust fund to the Provider of
Financial Responsibility if the Secretary determines that no additional corrective action costs or third party
liability claims will occur as a result of a Release covered by the financial responsibility mechanism for
which the standby trust fund was established.
15.1.4 An Owner or Operator may establish one trust fund as the depository mechanism for all funds assured in
compliance with PART D.
20 DE Reg. 815 (04/01/17)
16.0 Substitution of Financial Responsibility Mechanisms by Owner or Operator

16.1 Requirements for Substitution of Financial Responsibility Mechanisms
16.1.1 An Owner or Operator may substitute any alternate financial responsibility mechanisms as specified in
PART D, provided that at all times the Owner or Operator maintains an effective financial responsibility
mechanism or combination of mechanisms that satisfies the requirements of PART D, Section 3.0.
16.1.2 After obtaining alternate financial responsibility as specified in PART D, an Owner or Operator may cancel
a financial responsibility mechanism by providing notice as evidenced by verifiable service, to the Provider
of Financial Responsibility and shall submit a copy of such notice to the Department within ten (10) days of
the change.
16.1.3 When an Owner or Operator changes from one type of financial responsibility mechanism to another, the
Owner or Operator shall submit the required documentation as stipulated in these Regulations for the new
financial responsibility mechanism to the Department within ten (10) days of the change.
20 DE Reg. 815 (04/01/17)
17.0 Cancellation or Non-Renewal, Bankruptcy or Other Incapacity of Owner or Operator or Provider of

Financial Responsibility
17.1 Requirements for Cancellation or Non-Renewal of a Financial Responsibility Mechanism:
17.1.1 Except as otherwise provided, a Provider of Financial Responsibility may cancel or fail to renew an
assurance mechanism by sending a notice of termination by verifiable service to the Owner and Operator,
subject to the following:
17.1.1.1 Termination of a local government guarantee, a guarantee, a surety bond or a letter of credit may
not occur until one hundred and twenty (120) days after the date on which the Owner and Operator
receives the notice of Termination, as evidenced by verifiable service.
17.1.1.2 Termination of insurance or risk retention group coverage, except for non-payment or
misrepresentation by the insured, or State-funded assurance may not occur until sixty (60) days
after the date on which the Owner and Operator receives the notice of termination, as evidenced
by verifiable service.
17.1.1.3 Termination for non-payment of premium or misrepresentation by the insured may not occur until a
minimum of ten (10) days after the date on which the Owner and Operator receives the notice of
termination, as evidenced by verifiable service.
17.1.1.4 The Owner or Operator shall notify the Department within ten (10) days upon receiving notification
of cancellation or non-renewal subject to the requirements of PART D, subsection 17.1.
17.1.2 If a provider of financial responsibility cancels or fails to renew for reasons other than the incapability of the
provider as specified in PART D, subsection 17.2, the Owner and Operator shall obtain alternate coverage
within sixty (60) days after receipt of the notice of termination. The Owner and Operator shall submit proof
of the alternative financial responsibility mechanism to the Department in accordance with PART D.
17.1.3 If the Owner and Operator fail to obtain alternate coverage within sixty (60) days after receipt of the notice
of termination, the Owner and Operator shall notify the Department of such failure within ten (10) days and
shall submit the following to the Department:
17.1.3.1 The name and address of the Provider of Financial Responsibility; and
17.1.3.2 The effective date of termination; and
17.1.3.3 The evidence of the financial responsibility mechanism subject to the Termination maintained in
accordance with PART D, Section 2.0.
17.1.4 In the event of termination or nonrenewal of liability insurance coverage used to meet the financial
responsibility requirements, the insurer shall notify the Department of termination or nonrenewal not more
than fifteen (15) days after the date of termination or nonrenewal. The notice shall state the name and
address of the insured, the date of termination or nonrenewal, and the address(es) of the facility(ies)
previously insured. Failure to notify or timely provide a copy to the Department will not invalidate a
provider’s action to terminate coverage or deny renewal of coverage.
17.2 Requirements for Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Responsibility
17.2.1 Within ten (10) days after commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming an Owner or Operator as debtor, the Owner or Operator shall notify the
Department by verifiable service of such commencement and shall submit the appropriate documentation
as referenced in PART D, Sections 5.0 through 15.0 and Forms A through Q demonstrating current
compliance with the financial responsibility requirements PART D.
17.2.2 Within ten (10) days after commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming a Guarantor providing financial responsibility as debtor, such Guarantor
shall notify the Owner and Operator and the Department by verifiable service of such commencement.
17.2.3 Within ten (10) days after the suspension or revocation of the authority of a Provider of Financial
Responsibility to issue a financial responsibility mechanism, such provider shall notify the Owner and
Operator by verifiable service of such suspension or revocation.
17.2.4 Within ten (10) days after the failure of a Guarantor or indemnitor to meet the requirements of the financial
test, such Guarantor or indemnitor shall notify the Owner and Operator and the Department by verifiable
service of such failure.
17.2.5 Within ten (10) days of receiving notification per PART D, subsection 17.2.2, PART D, subsection 17.2.3 or
PART D, subsection 17.2.4, the Owner shall notify the Department by verifiable service.
17.2.6 An Owner or Operator who obtains financial responsibility by a mechanism other than the financial test of
Self-Insurance will be deemed to be without the required financial responsibility in the event of bankruptcy
or incapacity of its Provider of Financial Responsibility, or a suspension or revocation of the authority of the
Provider of Financial Responsibility to issue a guarantee, insurance policy, risk retention group coverage
policy, surety bond, or letter of credit.
17.2.7 Except in the case of financial test of Self-Insurance, the Owner and Operator shall obtain alternate
financial responsibility within thirty (30) days after receiving notice of a bankruptcy or incapacity of its
provider of financial responsibility per PART D, subsection 17.2. If the Owner or Operator does not obtain
alternate coverage within thirty (30) days after such notification, the Owner and Operator shall notify the
Department within ten (10) days.
17.2.8 An Owner or Operator who has a potential or existing claim filed with a Guarantor, indemnitor or other
provider of financial responsibility who has filed a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code shall in a timely manner file a Proof of Claim and any necessary supporting
documentation with the Court of appropriate jurisdiction and provide a copy of the Proof of Claim to the
Department.
20 DE Reg. 815 (04/01/17)
18.0 Drawing on Financial Responsibility Mechanisms

18.1 Requirements for Drawing on Mechanisms
18.1.1 Except as specified in PART D, subsection 18.1.4, the Department shall require the Guarantor, surety, or
institution issuing a letter of credit, to place the amount of funds stipulated by the Department, up to the
limit of funds provided by the financial responsibility mechanism, into the standby trust if:
18.1.1.1 The Owner or Operator fails to establish alternate financial responsibility within sixty (60) days
after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as
applicable, other financial responsibility mechanisms; and
18.1.1.2 The Department determines or suspects that a release from an AST covered by the mechanism
has occurred and so notifies the Owner or Operator or the Owner and Operator has notified the
Department pursuant to requirements established under Part E of these regulations of a release
from an AST covered by the mechanism; or
18.1.1.3 The conditions of PART D, subsection 18.1.2.1 or PART D, subsection 18.1.2.2 are satisfied.
18.1.2 The Department may draw on a standby trust fund when:
18.1.2.1 The Department makes a final determination that a release has occurred and immediate or long
term corrective action for the release is needed, but the Owner or Operator, after appropriate
notice and opportunity to comply, has not conducted corrective action as required under Part E of
these Regulations; or
18.1.2.2 The Department has received either:
18.1.2.2.1 Certification from the Owner or Operator and the third party liability claimant(s) and from
attorneys representing the Owner or Operator and the third party liability claimant(s) that a
third party liability claim should be paid. The certification shall be worded as shown in PART D,
Section 28.0, Form I of this Part except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted; or
18.1.2.2.2 A valid final court order establishing a judgment against the Owner or Operator for bodily injury
or property damage caused by an accidental release from an AST covered by financial
responsibility under PART D and the Department determines that the Owner or Operator has
not satisfied the judgment.
18.1.3 If the Department determines that the amount of corrective action costs and third party liability claims
eligible for payment under PART D, subsection 18.1.2 may exceed the balance of the standby trust fund
and the obligation of the provider of financial responsibility, the first priority for payment shall be corrective
action costs necessary to protect human health and the environment. The Department shall pay third party
liability claims in the order in which the Department receives certifications under PART D, subsection
18.1.2.
18.1.4 A governmental entity acting as Guarantor under PART D, Section 13.0, the local government guarantee
without standby trust, shall make payments as directed by the Secretary under the circumstances
described in PART D, subsection 18.1.1, PART D, subsection 18.1.2 and PART D, subsection 18.1.3.
20 DE Reg. 815 (04/01/17)
19.0 Release from the Requirements of Financial Responsibility

19.1 Requirements for Release from the Requirements of Financial Responsibility
19.1.1 An Owner and Operator is no longer required to maintain financial responsibility under PART D for an AST
when:
19.1.1.1 The requirements of PART B, Section 14.0 have been met; and
19.1.1.2 When the financial responsibility mechanism being used is Self-Insurance, guarantee, surety
bond, letter of credit, trust fund, local government bond rating test, local government financial test,
local government guarantee, or local government fund after corrective action has been completed
as required by PART E of these Regulations; or
19.1.1.3 When the financial responsibility mechanism being utilized is Insurance, a claim has been
submitted to the Insurance provider in accordance with all the requirements set forth by the
Insurance provider and the applicable policy requirements.
20 DE Reg. 815 (04/01/17)
20.0 Replenishments of Required Financial Responsibility

20.1 Requirements for Replenishments of Financial Responsibility Mechanisms
20.1.1 If at any time after a standby trust is funded upon the instruction of the Secretary with funds drawn from a
Guarantee, Local Government Guarantee with Standby Trust, Letter of Credit, or Surety Bond, and the
amount in the Standby Trust is reduced below the full amount of coverage required, the Owner or Operator
shall by the anniversary date of the financial mechanism from which the funds were drawn:
20.1.1.1 Replenish the value of financial responsibility to equal the full amount of coverage required, or
20.1.1.2 Acquire another financial responsibility mechanism for the amount by which funds in the standby
trust have been reduced.
20.1.2 For purposes of this Section, the full amount of coverage required is the amount of financial responsibility
required by PART D, Section 3.0. If a combination of mechanisms was used to provide the financial
responsibility funds which were drawn upon, replenishment shall occur by the earliest anniversary date
among the mechanisms.
20 DE Reg. 815 (04/01/17)
Section 21. Form A - AST Financial Test of Self-Insurance
Letter from Chief Financial Officer
I am the Chief Financial Officer of [name and address of the Owner or Operator or Guarantor]. This letter is in support of
the use of ["the financial test of Self-Insurance" and/or "guarantee"] to demonstrate financial responsibility for ["taking
Corrective Action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by ["sudden
Accidental Releases and/or "non-sudden Accidental Releases"] in the amount of at least [dollar amount] per Occurrence
and [dollar amount] Annual Aggregate arising from operating (an) aboveground storage tank(s) (AST).
ASTs at the following facilities are assured by this financial test by this ["Owner or Operator" and/or "Guarantor"].
List for each Facility: the name and address of the Facility where ASTs assured by this Financial Test are located, and
indicate which ASTs are assured by this Financial Test. List each AST by the AST identification number provided in the
registration form submitted pursuant to PART A of these Regulations.
AST Facility I.D. Number: ____________________ (as listed on DNREC registration certificate)
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
Facility City: _____________________________________ Facility Zip Code: ____________
AST ID# (from AST AST size (in gallons) AST contents Covered by this Finan-
registration form) cial Test of Self Insur-
ance Y/N
A ["financial test," and/or "guarantee"] is also used by ["Owner" or "Operator" or "Guarantor"] to demonstrate evidence of
financial responsibility in the following amounts under other EPA regulations or State programs including but not limited to
Subtitle C Hazardous Waste Facilities, SDWA Class I Hazardous Waste Injection Wells and aggregate UST and AST
coverage.
Amount
Closure …………………… ........................................________

Post-Closure Care ……………………........................________
Liability Coverage ………………… ...........................________
Corrective Action …………. .......................................________
Plugging and Abandonment …….. ............................________
Other ………………………………………………….... ________
TOTAL ________
This ["Owner or Operator," or "Guarantor"] has not received an adverse opinion, a disclaimer of opinion, or a "going
concern" qualification from an independent auditor on his financial statements for the latest completed fiscal year.
I hereby certify that the wording of this letter is identical to the wording specified in PART D, subsection 5.1 as the Delaware
Regulations Governing Aboveground Storage Tanks were constituted on the date shown immediately below.
(Signature)_______________________________________________________________
(Name)_______________________________________________________________
(Title) _______________________________________________________________
(Date) _______________________________________________________________
[Fill in the information for Alternative I if the criteria of PART D, subsection 5.1.2 are being used to demonstrate compliance
with the financial test requirements. Fill in the information for Alternative II if the criteria of PART D, subsection 5.1.3 are
being used to demonstrate compliance with the financial test requirements.]
Alternative I
1. Amount of AST Annual Aggregate coverage being assured by a financial test, and/orguarantee:..........$___________
2. Amount of other liability coverage covered by a financial test, and/or guarantee:

(This includes but is not limited to Subtitle C Hazardous Waste Facilities, SDWA Class I Hazardous
Waste Injection Wells and aggregate UST or AST coverage)………………………………………...… $__________
3. Sum of lines 1 and 2:................................................................................................................................$___________
4. Total tangible assets:................................................................................................................................$___________
5. Total liabilities …………………………………………………………….............................................………$___________

(if any of the amount reported on line 3 is included in total liabilities, you may deduct that amount
from this line and add that amount to line 6)
6. Tangible Net Worth (subtract line 5 from line 4):.......................................................................................$___________
7. Is line 6 at least $10 million?................................................................................................................ Yes No*

(Tangible Net Worth at least $10million)
8. Is line 6 at least 10 times line 3?.................................................................................................... Yes No*

(Tangible Net Worth 10X's the sum of other environmental obligations)
*If the answer to line 7 or line 8 is "No", this test cannot be used to meet the AST Financial Responsibility
requirements.
Complete Lines 9-11 OR Line 12

9. Have financial statements for the latest fiscal year been filed with the U.S. Securities and
Exchange Commission?....................................................................................................................... Yes No
10. Have financial statements for the latest fiscal year been filed with the Energy Information
Administration?.................................................................................................................................... Yes No
11. Have financial statements for the latest fiscal year been filed with the Rural Utilities Service?…….... Yes No
12. Has financial information been provided to Dun & Bradstreet, and has Dun & Bradstreet provided
a financial strength rating of 4A or 5A?................................................................................................ Yes No
(Answer "Yes" only if both criteria have been met.)
13. If the firm's year end financial statements have been independently audited, they do not include an
adverse auditor's opinion, a disclaimer of opinion, or a "going concern" qualification? If the answer to
line 13 is "No" this test cannot be used to meet the AST FR requirements. ……................................ Yes No
(Answer "Yes" only if all criteria have been met.)
Alternative II
1. Amount of AST Annual Aggregate coverage being assured by a financial test, and/or guarantee:.........$___________
2. Amount of other liability coverage covered by a financial test, and/or guarantee:

(This includes but is not limited to Subtitle C Hazardous Waste Facilities, SDWA Class I Hazardous
Waste Injection Wells and aggregate UST or AST coverage) ………………..…….....................……$___________
3. Sum of lines 1 and 2:................................................................................................................................$___________
4. Total tangible assets:................................................................................................................................$___________
5. Total liabilities
(if any of the amount reported on line 3 is included in total liabilities, you may deduct that amount
from this line and add that amount to line 6):……………...................................................................$___________
6. Tangible Net Worth (subtract line 5 from line 4):.......................................................................................$___________
7. Total assets in the U.S. (required only if less than 90 percent of assets are located in the U.S.):...........$___________
8. Is line 6 at least $10 million?................................................................................................................ Yes No*

(Tangible Net Worth at least $10 million)
9. Is line 6 at least 6 times line 3?...................................................................................................... Yes No*

(Tangible Net Worth 6 times other environmental obligations)
*If the answer to line 8 or line 9 is "No", this test cannot be used to meet the AST Financial Responsibility
requirements.
10. Are at least 90 percent of assets located in the U.S.? …………........................................................... Yes No
(If "No," complete line 11)
11. Is line 7 at least 6 times line 3?

(U.S. assets at least six times the required amount of AST coverage plus other environmental
liabilities) ……………………………................................................................................................. Yes No
(Complete Lines 12-15 OR Lines 16-18)
12. Current Assets:...................................................................................................................................$______________

13. Current Liabilities:...............................................................................................................................$______________
14. Net working capital (subtract line 13 from line 12):.............................................................................$______________
15. Is line 14 at least 6 times line 3?........................................................................................................ Yes No
-OR-
16. Current bond rating of most recent bond issue:..................................................................... _____________________
17. Name of rating service:.......................................................................................................... _____________________
18. Date of maturity of bond:........................................................................................................ _____________________
19. Have financial statements for the latest fiscal year been filed with the Securities and Exchange
Commission (SEC), the Energy Information Administration (EIA), or the Rural Utilities Service
(RUS)?................................................................................................................................................ Yes No**
**(If "No," please attach a report from an independent certified public accountant certifying that there are no material
differences between the data as reported in lines 4-18 above and the financial statements for the latest fiscal year.)
20. The firm's year end financial statements have been independently audited and do not include
an adverse auditor's opinion, a disclaimer of opinion, or a "going concern" qualification? If the answer
to line 20 is "No" this test cannot be used to meet the FR requirements.
Answer "Yes" only if both criteria have been met)………….................................................................. Yes No
20 DE Reg. 815 (04/01/17)
Section 22. Form B - AST Guarantee
GUARANTEE
Guarantee made this [Date] by [Name of guaranteeing entity], a business entity organized under the laws of the State of
[name of state], herein referred to as Guarantor, to the Department of Natural Resources and Environmental Control
(Department) and to any and all third parties, and obligees, on behalf of [Owner or Operator] of [Business Name and
Address]
Recitals
(1) Guarantor meets or exceeds the financial test criteria of PART D, subsection 5.1.2 or PART D, subsection 5.1.3 and
agrees to comply with the requirements for Guarantors as specified in PART D, subsection 6.1.
(2) [Owner or Operator] owns or operates the following aboveground storage tanks (ASTs) covered by this guarantee:
List for each Facility: the name and address of the Facility where ASTs assured by this Guarantee are located, and indicate
which ASTs are assured by this Guarantee. List each AST by the AST identification number provided in the registration
form submitted pursuant to Part A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________

AST ID# (from AST AST size (in gallons) AST contents Covered by this
registration form) Guarantee Y/N
This guarantee satisfies PART D, Section 3.0 for assuring funding for [insert: "taking Corrective Action" and/or
"compensating third parties for Bodily Injury and Property Damage"] caused by Accidental Releases; if coverage is
different for different ASTs or locations, indicate the type of coverage applicable to each AST or location arising from
operating the above-identified AST(s) in the amount of [insert dollar amount] per Occurrence and [insert dollar amount]
Annual Aggregate.
(3) [Insert appropriate phrase: "On behalf of our subsidiary" (if Guarantor is corporate parent of the Owner or Operator);
"On behalf of our affiliate" (if Guarantor is a related firm of the Owner or Operator); or "Incident to our business relationship
with" (if Guarantor is providing the guarantee as an incident to a Substantial Business Relationship with Owner or
Operator)] _________________, Guarantor guarantees to the Department and to any and all third parties that:
In the event that [Owner or Operator] fails to provide alternate coverage within sixty (60) Days after receipt of a notice
of cancellation of this Guarantee and the Secretary has determined or suspects that a Release has occurred at an AST
covered by this Guarantee, the Guarantor, upon instructions from the Department, shall fund a standby trust fund in
accordance with the provisions of PART D, Section 18.0 in an amount not to exceed the coverage limits specified above.
In the event that the Department determines that [Owner or Operator] has failed to perform Corrective Action for
Release arising out of the operation of the above-identified tank(s) in accordance with PART E, the Guarantor upon written
instructions from the Department shall fund a standby trust fund in accordance with the provisions of PART D, Section 18.0
in an amount not to exceed the coverage limits specified above.
If [Owner or Operator] fails to satisfy a judgment or award based on a determination of liability for Bodily Injury or
Property Damage to third parties caused by Accidental Releases arising from the operation of the above-identified ASTs, or
fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the
Guarantor, upon written instructions from the Department, shall fund a standby trust fund in accordance with the provisions
of PART D, Section 18.0 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage
specified above.
(4) Guarantor agrees that if, at the end of any fiscal year before cancellation of this guarantee, the Guarantor fails to meet
the financial test criteria of PART D, subsection 5.1.1 and PART D, subsection 5.1.2, or PART D, subsection 5.1.3,
Guarantor shall send within one hundred and twenty (120) Days of such failure, by Verifiable Service, notice to [Owner and
Operator]. The Guarantee will terminate one hundred and twenty (120) Days from the date of receipt of the notice by
[Owner and Operator] as evidenced by Verifiable Service.
(5) Guarantor agrees to notify [Owner or Operator] by Verifiable Service of a voluntary or involuntary proceeding under
Title 11 (Bankruptcy), U.S. Code, naming Guarantor as debtor, within ten (10) Days after commencement of the
proceeding.
(6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation
of [Owner or Operator] pursuant to these Regulations.
(7) Guarantor agrees to remain bound under this Guarantee for so long as [Owner or Operator] shall comply with the
applicable financial responsibility requirements of these Regulations for the above-identified ASTs, except that Guarantor
may cancel this Guarantee by sending notice by certified mail to [Owner or Operator] such cancellation to become effective
no earlier than one hundred and twenty (120) Days after receipt of such notice by [Owner or Operator] as evidenced by the
return receipt.
(8) The Guarantor's obligation does not apply to any of the following:
(a) Any obligation of [Owner or Operator] under a workers' compensation, disability benefits, or unemployment
compensation law or other similar law;
(b) Bodily Injury to an employee of [Owner or Operator] arising from, and in the course of, employment by [Owner or
Operator];
(c) Bodily Injury or Property Damage arising from the Ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle, or watercraft;
(d) Property Damage to any property owned, rented, loaned to, in the care of, custody, or control of, or occupied by
[Owner or Operator] that is not the direct result of a Release from an AST;
(e) Bodily Injury or Property Damage for which [Owner or Operator] is obligated to pay damages by reason of the
assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the
requirements of PART D, Section 3.0.
(9) Guarantor expressly waives notice of acceptance of this guarantee by the Department, by any or all third parties, or by
[Owner or Operator].
I hereby certify that the wording of this guarantee is identical to the wording specified in PART D, Section 6.0 of the
Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were constituted on the Effective Date
shown immediately below.
Effective Date: _______________________________________________________________
Name of Guarantor:____________________________________________________
Authorized signature for Guarantor: _______________________________________________
Name of Person signing: ____________________________________________________
Title of Person signing:_____________________________________________________
Signature of witness or notary:_____________________________________________________

20 DE Reg. 815 (04/01/17)
Section 23. Form C - AST Endorsement
ENDORSEMENT
Name: ___________________________________________ [name of each covered location]
Address: _________________________________________ [address of each covered location]
______________________________________________________________________
______________________________________________________________________
Policy Number: ________________________________________________________________
Period of Coverage: __________________________________________ [current policy period]
Name of [Insurer or Risk Retention Group]: __________________________________________
Address of [Insurer or Risk Retention Group]:
_____________________________________________________________________________
_____________________________________________________________________________
Name of [Insured]: _____________________________________________________________________________
Address of [Insured]: _____________________________________________________________________________
______________________________________________________________________________
Endorsement:
1. This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering
the following aboveground storage tanks (ASTs):
List for each Facility: the name and address of the Facility where ASTs assured by this Policy Endorsement are located,
and indicate which ASTs are assured by this Policy Endorsement. List each AST by the AST identification number provided
in the registration form submitted pursuant to Part A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
AST ID# (from AST AST size (in gallons) AST contents Covered by this Insurance
registration form) Policy endorsement? Y/N
For [insert: "taking Corrective Action" and/or "compensating third parties for Bodily Injury and Property Damage caused by"]
Accidental Releases in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the
policy; [if coverage is different for different ASTs or locations, indicate the type of coverage applicable to each ASTs or
location] arising from operating the AST(s) identified above.
The limits of liability are [insert the dollar amount of the "each Occurrence" and "Annual Aggregate" limits of the Insurer's or
Group's liability; if the amount of coverage is different for different types of coverage or for different ASTs or locations,
indicate the amount of coverage for each type of coverage and/or for each AST or location], exclusive of Legal Defense
Costs which are subject to a separate limit under the policy. This coverage is provided under _______________. The
Effective Date of said policy is _______________. [Policy Number] [Date]
2. The insurance afforded with respect to such Occurrences is subject to all of the terms and conditions of the policy;
provided, however, that any provisions inconsistent with subsections (a) through (e) of this Section 2.0 are hereby
amended to conform with subsections (a) through (e):
a. Bankruptcy or insolvency of the insured shall not relieve the ["Insurer" or "Group"] of its obligations under the policy
to which this endorsement is attached.
b. The ["Insurer" or "Group"] is liable for the payment of amounts within any deductible applicable to the policy to the
provider of Corrective Action or a damaged third-party, with a right of reimbursement by the insured from any such
payment made by the ["Insurer" or "Group"]. This provision does not apply with respect to that amount of any
deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as
specified in PART D, Sections 5 through 15.
c. Whenever requested by the Department, the ["Insurer" or "Group"] agrees to furnish to the Department a signed
duplicate original of the policy and all endorsements.
d. Cancellation or any other Termination of the insurance by the ["Insurer" or "Group"], except for non-payment of
premium or misrepresentation by the insured, shall be effective only upon written notice and only after the
expiration of sixty (60) Days after a copy of such written notice is received by the insured.
e. Cancellation for non-payment of premium or misrepresentation by the insured shall be effective only upon written
notice and only after expiration of a minimum of ten (10) Days after a copy of such written notice is received by the
insured.
f. Insert for claims-made policies:

The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or "Group"] within
six (6) months of the Effective Date of the cancellation or non-renewal of the policy except where the new or
renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which
arise out of any covered Occurrence that commenced after the policy retroactive date, if applicable, and prior to
such policy renewal or Termination date. Claims reported during such extended reporting period are subject to the
terms, conditions, limits, including limits of liability, and exclusions of the policy.
g. In the event of termination or nonrenewal of the insurance by the ["Insurer" or "Group"], the insurer shall notify the
Department of Natural Resources and Environmental Control, Tank Management Section, by Verifiable Service, of
termination or nonrenewal not more than twenty (20) Days after the termination or nonrenewal. The notice shall
state the name and address of the insured, the date of termination or nonrenewal, and the address of the ASTs
previously insured.
I hereby certify that the wording of this instrument is identical to the wording in, PART D, Section 23.0 Form C, of the
Delaware Regulations Governing Aboveground Storage Tanks as constituted on the date shown immediately below and
that the ["Insurer" or "Group"] is ["licensed to transact the business of insurance or eligible to provide insurance as an
excess or surplus lines insurer in one or more States"].
Signature of authorized representative of [Insurer or Risk Retention Group]:
_________________________________________________________________________
Name of Person signing:______________________________________________________

Print legibly or type
Title of Person signing:______________________________________________________

Authorized Representative of [name of Insurer or Risk Retention Group]
Address of Representative:_____________________________________________________
20 DE Reg. 815 (04/01/17)
Section 24. Form D - AST Certificate of Insurance
Name: __________________________________________[name of each covered location]
Address: ____________________________________[address of each covered location]

__________________________________________________________________________
__________________________________________________________________________
Policy Number: ____________________________________________________________
Endorsement (if applicable): __________________________________________________
Period of Coverage: _______________________________________ [current policy period]
Name of [Insurer or Risk Retention Group]: ______________________________________
Address of [Insurer or Risk Retention Group]:
______________________________________________________________________________
______________________________________________________________________________
Name of [Insured]: _____________________________________________________________
Address of [Insured]: ___________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Certification:
1. [Name of the Insurer or Risk Retention Group], the "Insurer" or "Group," as identified above, hereby certifies that it has
issued liability insurance covering the following aboveground storage tanks (ASTs):
List for each Facility: the name and address of the Facility where ASTs assured by this Policy are located, and indicate
which ASTs are assured by this Policy. List each AST by the AST identification number provided in the registration form
submitted pursuant to PART A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________

AST ID# (from AST AST size (in gallons) AST contents Covered by this Insurance
registration form) Policy? Y/N
For [insert: "taking Corrective Action" and/or "compensating third parties for Bodily Injury and Property Damage" caused by
Accidental Releases] in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the
policy (if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or
location arising from operating the AST(s) identified above).
The limits of liability are [insert the dollar amount of the "each Occurrence" and "Annual Aggregate" limits of the Insurer's or
Group's liability (if the amount of coverage is different for different types of coverage or for different ASTs or locations,
indicate the amount of coverage for each type of coverage and/or for each AST or location)], exclusive of Legal Defense
Costs which are subject to separate limits under the policy. This coverage is provided under [policy number]. The Effective
Date of said policy is [date].
2. The "Insurer" or "Group" further certifies the following with respect to the insurance described in Paragraph 1:
a. Bankruptcy or insolvency of the insured shall not relieve the "Insurer" or "Group" of its obligations under the policy
to which this certificate applies.
b. The "Insurer" or "Group" is liable for the payment of amounts within any deductible applicable to the policy to the
provider of Corrective Action or a damaged third-party, with a right of reimbursement by the insured for any such
payment made by the "Insurer" or "Group." This provision does not apply with respect to that amount of any
deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as
specified in Sections 5.0 through 15.0 of this Part.
c. Whenever requested by the Department, the ["Insurer" or "Group"] agrees to furnish to the Department a signed
duplicate original of the policy and all endorsements.
d. Cancellation or any other Termination of the insurance by the ["Insurer" or "Group"], except for non-payment of
premium or misrepresentation by the insured, shall be effective only upon written notice and only after the
expiration of sixty (60) Days after a copy of such written notice is received by the insured.
e. Cancellation for non-payment of premium or misrepresentation by the insured shall be effective only upon written
notice and only after expiration of a minimum of ten (10) Days after a copy of such written notice is received by the
insured.
f. Insert for claims-made policies:

The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or "Group"] within
six months of the Effective Date of the cancellation or non-renewal of the policy except where the new or renewed
policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of
any covered Occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy
renewal or Termination date. Claims reported during such extended reporting period are subject to the terms,
conditions, limits, including limits of liability, and exclusions of the policy.
g. In the event of termination or nonrenewal of the insurance by the ["Insurer" or "Group"], the insurer shall notify the
Department of Natural Resources and Environmental Control, Tank Management Section, by Verifiable Service, of
termination or nonrenewal not more than thirty (30) Days after the termination or nonrenewal. The notice shall state
the name and address of the insured, the date of termination or nonrenewal, and the address of the ASTs
previously insured.
I hereby certify that the wording of this instrument is identical to the wording in PART D, Section 23.0, Form D of the
Delaware Regulations Governing Aboveground Storage Tanks as constituted on the date shown immediately below and
that the ["Insurer" or "Group"] is licensed to transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer, in one or more States."
Signature of authorized representative of [Insurer or Risk Retention Group]:
_____________________________________________________________________________
Name of Person signing:______________________________________________________

Title of Person signing: ______________________________________________________

Authorized Representative of [Insurer or Risk Retention Group]
Address of Representative: ______________________________________________________

_____________________________________________________________________________
20 DE Reg. 815 (04/01/17)
Section 25. Form E - AST Surety Bond
SURETY BOND
Date bond executed: _________________________________________________________
Period of Coverage: _________________________________________________________
Principal: [legal name and business address of Owner or Operator] ___________________
__________________________________________________________________________
__________________________________________________________________________
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
___________________________________________________________________________
State of incorporation (if applicable): _____________________________________________
Surety(ies): [name(s) and business address(es)] _____________________________________
____________________________________________________________________________
Scope of Coverage:
List for each Facility: the name and address of the Facility where ASTs assured by this Surety are located, and indicate
which ASTs are assured by this Surety. List each AST by the AST identification number provided in the registration form
submitted pursuant to Part A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
AST ID# (from AST AST size (in gallons) AST contents Covered by this Surety?
registration form) Y/N
List the coverage guaranteed by the bond: ["taking Corrective Action" and/or "compensating third parties for Bodily Injury
and Property Damage"] caused by Accidental Releases arising from operating the AST.
Penal sums of bond: Per Occurrence $________________

Annual Aggregate $________________
Surety's bond number: _________________________________________
Know all Persons by these presents, that we, the Principal and Surety(ies), hereto are firmly bound to the Department, in
the above penal sums for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and
assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties,
bind ourselves in such sums jointly and severally only for the purpose of allowing a joint action or actions against any or all
of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such
sums only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be
the full amount of the penal sums.
Whereas said Principal is required under 7 Del.C. Ch. 74A, as amended, to provide financial responsibility for [insert:
"taking Corrective Action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by Accidental
Releases; (if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or
location) arising from operating the ASTs identified above, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such
financial responsibility;
Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully ["take Corrective Action, in
accordance with PART E of these regulations and the Department's instructions for, compensate injured third parties for
Bodily Injury and Property Damage caused by Accidental Releases arising from operating the tank(s) identified above,] or if
the Principal shall provide alternate financial responsibility, as specified in PART D of these Regulations, within one
hundred twenty (120) Days after the date the notice of cancellation is received by the Principal from the Surety(ies), then
this obligation shall be null and void; otherwise it is to remain in full force and effect.
Such obligation does not apply to any of the following:
(b) Bodily Injury to an employee of [Owner or Operator] arising from, and in the course of, employment by [insert
Owner or Operator];
(c) Bodily Injury or Property Damage arising from the ownership, maintenance, use, or entrustment to others of any
(d) Property Damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by
[Owner or Operator] that is not the direct result of a Release from an AST;
(e) Bodily Injury or Property Damage for which [insert Owner or Operator] is obligated to pay damages by reason of
the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the
Requirements of PART D, Section 3.0, of these regulations.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions
described above.
Upon notification by the Department that the Principal has failed to ["take Corrective Action, in accordance with PART E of
these Regulations and the Department's instructions," and/or "compensate injured third parties"] as guaranteed by this
bond, the Surety(ies) shall either perform ["Corrective Action in accordance with PART E of these Regulations and the
Department's instructions," and/or "third-party liability compensation"] or place funds in an amount up to the Annual
Aggregate penal sum into the standby trust fund as directed by the Department under PART D, Section 18.0 of these
Regulations.
Upon notification by the Department that the Principal has failed to provide alternate financial assurance responsibility
within sixty (60) Days after the date the notice of cancellation is received by the Principal from the Surety(ies) and that the
Department has determined or suspects that a Release has occurred, the Surety(ies) shall place funds in an amount not
exceeding the Annual Aggregate penal sum into the standby trust fund as directed by the Department under PART D,
Section 18.0 of these Regulations.
The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules, and regulations and agrees
that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged, by any payment or succession of payments hereunder, unless and
until such payment or payments shall amount in the Annual Aggregate to the penal sum shown on the face of the bond, but
in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said Annual Aggregate penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal, provided, however,
that cancellation shall not occur during the one hundred twenty (120) Days beginning on the date of receipt of the notice of
cancellation by the Principal, as evidenced by the return receipt.
The Principal may terminate this bond by sending written notice to the Surety(ies).
In witness thereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth
above.
The Persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf
of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Part D,
Section 25.0 Form E of the Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were
constituted on the date this bond was executed.
PRINCIPAL:
Signature(s):______________________________________________________________
Name(s):______________________________________________________________
Title(s):______________________________________________________________
[Corporate seal]
CORPORATE SURETY(IES)
Name and address:_________________________________________________________

__________________________________________________________________________
State of Incorporation:________________________________________________________
Liability limit: $_______________________________________________________

Signature(s):
1. _______________________________________________________
2. _______________________________________________________
Name(s) and title(s):
1. _______________________________________________________
2. _______________________________________________________
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond Premium: $____________________________________________________________

20 DE Reg. 815 (04/01/17)
Section 26. Form F - AST Irrevocable Standby Letter of Credit
__________________________________
__________________________________
__________________________________
__________________________________
[Name and address of issuing institution]
Delaware Department of Natural Resources and Environmental Control

Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. _____ in your favor, at the request and for the account of
[Owner or Operator name] of [address] up to the aggregate amount of [in words] U.S. dollars ($[insert dollar amount]),
available upon presentation [insert, if more than one Director of a State implementing agency is a beneficiary, "by any one
of you"] of
(1) your sight draft, bearing reference to this letter of credit, No. ________________, and
(2) your signed statement reading as follows:
"I certify that the amount of the draft is payable pursuant to Regulations issued under the authority of 7 Del.C. Ch.
74A."
This letter of credit may be drawn on to cover [insert: "taking Corrective Action" and/or "compensating third parties for
Bodily Injury and Property Damage" caused by Accidental Releases] arising from operating the aboveground storage tanks
(ASTs) identified below in the amount of [in words] $[insert dollar amount] per Occurrence and [in words] $[insert dollar
amount] Annual Aggregate:
List for each Facility: the name and address of the Facility where ASTs assured by this Letter of Credit are located, and
indicate which ASTs are assured by this Letter of Credit. List each AST by the AST identification number provided in the
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
AST ID# (from AST AST size (in gallons) AST contents Covered by this Letter of
registration form) Credit? Y/N
The letter of credit may not be drawn on to cover any of the following:
(b) Bodily Injury to an employee of [insert Owner or Operator] arising from, and in the course of, employment by [insert
Owner or Operator];
(c) Bodily Injury or Property Damage arising from the ownership, maintenance, use, or entrustment to others of any
[insert Owner or Operator] that is not the direct result of a Release from an AST;
(e) Bodily Injury or Property Damage for which [Owner or Operator] is obligated to pay damages by reason of the
requirements of PART D, Section 3.0, of these Regulations.
This letter of credit is effective as of [date] and shall expire on [date] but such expiration date shall be automatically
extended for a period of [at least the length of the original term] on [expiration date] and on each successive expiration
date, unless, at least one hundred twenty (120) Days before the current expiration date, we notify [Owner or Operator] by
certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that
[Owner or Operator] is so notified, any unused portion of the credit shall be available upon presentation of your sight draft
for one hundred twenty (120) Days after the date of receipt by [Owner or Operator] as shown on the signed return receipt.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such
draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [Owner or
Operator] in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in PART D, Section 25.0, Form F of the
Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were constituted on the date shown
immediately below.
[Signature(s) and title(s) of official(s) of issuing institution]
Name and Title: ______________________________________________________________

Name and Title: _______________________________________________________________

This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits,
published by the International Chamber of Commerce," or "the Uniform Commercial Code"].
20 DE Reg. 810 (04/01/17)
Section 27. Form G - AST Trust Agreement
Trust agreement, the "Agreement," entered into as of [date] by and between [Owner or Operator] a [Name of State]
["corporation", "partnership," "association," or "proprietorship"], the "Grantor," and [Name of Corporate Trustee] [insert
"Incorporated in the State of "Name of State" or "a national bank"], the "Trustee."
Whereas, the Department of Natural Resources and Environmental Control (the Department), an agency of the State of
Delaware, has established certain regulations applicable to the Grantor, requiring that an Owner or Operator of an
aboveground storage tank (AST) shall provide assurance that funds will be available when needed for Corrective Action
and third-party compensation for Bodily Injury and Property Damage caused by Accidental Releases arising from the
operation of AST.
List for each Facility: the name and address of the Facility where ASTs assured by this Trust Agreement are located, and
indicate which ASTs are assured by this Trust Agreement. List each AST by the AST identification number provided in the
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________

AST ID# (from AST AST size (in gallons) AST contents Covered by this Trust
registration form) Agreement? Y/N
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee;
Now, therefore, the Grantor and the Trustee agree as follows:
SECTION 1. DEFINITIONS
As used in this Agreement:
(a) The term "Grantor" means the Owner or Operator who enters into this Agreement and any successors or assigns of the
Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
SECTION 2. ESTABLISHMENT OF THE FUND

The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit of the Department. The Grantor and
the Trustee intend that no third party have access to the fund except as herein provided. [The Fund is established initially
as a standby to receive payments and shall not consist of any property.] Payments made by the Provider of Financial
Responsibility pursuant to the DNREC Secretary's instruction are transferred to the Trustee and are referred to as the
Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to
this Agreement. The Fund shall be held by the trustee, IN TRUST, as hereinafter provided. The Trustee shall not be
responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor
as Provider of Financial Responsibility, any payments necessary to discharge any liability of the Grantor established by the
Department.
SECTION 3. PAYMENT FOR CORRECTIVE ACTION AND/OR THIRD-PARTY LIABILITY CLAIMS

The Trustee shall make payments from the Fund as the DNREC Secretary shall direct, in writing, to provide for the
payment of the costs of [insert: "taking Corrective Action" and/or "compensating third parties for Bodily Injury and Property
Damage" caused by Accidental Releases] arising from operating the ASTs covered by the financial responsibility
mechanism identified in this Agreement.
The Fund may not be drawn upon to cover any of the following:
(a) Any obligation of [insert Owner or Operator] under a workers' compensation, disability benefits, or unemployment
(b) Bodily Injury to any employee of [insert Owner or Operator] arising from, and in the course of employment by
[insert Owner or Operator];
requirements of PART D, Section 3.0, of these Regulations. The Trustee shall reimburse the Grantor, or other
Persons as specified by the Department, from the Fund for Corrective Action expenditures and/or third-party
liability claims in such amounts as the DNREC Secretary shall direct in writing. In addition, the Trustee shall refund
to the Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer
constitute part of the Fund as defined herein.
SECTION 4. PAYMENTS COMPRISING THE FUND

Payments made to the Trustee for the Fund shall consist of cash and securities acceptable to the Trustee.
SECTION 5. TRUSTEE MANAGEMENT

The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund,
without distinction between principal and income, in accordance with general investment policies and guidelines which the
Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In
investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to
the trust fund solely in the interest of the beneficiaries and with the care, skill, prudence, and diligence under the
circumstances then prevailing which Persons of prudence, acting in a like capacity and familiar with such matters, would
use in the conduct of an enterprise of a like character and with like aims; except that:
A. Securities or other obligations of the Grantor, or any other Owner or Operator of the ASTs, or any of their affiliates
as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall not be acquired or held,
unless they are securities or other obligations of the federal or a State government;
B. The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by
an agency of the federal or State government; and
C. The Trustee is authorized to hold cash awaiting investment or distribution un-invested for a reasonable time and
without liability for the payment of interest thereon.
SECTION 6. COMMINGLING AND INVESTMENT
The Trustee is expressly authorized in its discretion:
A. To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust
fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be
commingled with the assets of other trusts participating therein; and
B. To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C.
80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is
rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
SECTION 7. EXPRESS POWERS OF TRUSTEE
Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this
Agreement or by law, the Trustee is expressly authorized and empowered:
A. To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No
Person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into
the validity or expediency of any such sale or other disposition;
B. To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all
other instruments that may be necessary or appropriate to carry out the powers herein granted;
C. To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates representing such securities with certificates of the same
issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in
a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in
the name of the nominee of such depository with other securities deposited therein by another Person, or to
deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or
instrumentality thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times
show that all such securities are part of the Fund;
D. To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the
extent insured by an agency of the federal or State government; and
E. To compromise or otherwise adjust all claims in favor of or against the Fund.
SECTION 8. TAXES AND EXPENSES

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions
incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the
administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the
extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from
the Fund.
SECTION 9. ADVICE OF COUNSEL

The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any questions
arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
SECTION 10. TRUSTEE COMPENSATION

The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with
the Grantor.
SECTION 11. SUCCESSOR TRUSTEE

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective
until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee
shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's
acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of
the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it assumes administration of the trust in writing sent to
the Grantor and the present Trustee by Verified Service 10 Days before such change becomes effective. Any expenses
incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 8.0.
SECTION 12. INSTRUCTIONS TO THE TRUSTEE

All orders, requests, and instructions by the Grantor to the trustee shall be in writing, signed by such Persons as are
designated in the attached Exhibit A as required in Section 18 or such other designees as the Grantor may designate by
amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's
orders, requests, and instructions. All orders, requests, and instructions by the Secretary to the Trustee shall be in writing,
signed by the Secretary, and the Trustee shall act and shall be fully protected in acting in accordance with such orders,
requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that
no event constituting a change or a Termination of the authority of any Person to act on behalf of the Grantor or the
Department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and
instructions from the Grantor and/or the Department, except as provided for herein.
SECTION 13. AMENDMENT OF AGREEMENT
This Agreement may be amended by an instrument in writing executed by the Grantor and the Trustee, or by the Trustee
and the Department if the Grantor ceases to exist.
SECTION 14. IRREVOCABILITY AND TERMINATION

Subject to the right of the parties to amend this Agreement as provided in PART D, Section 13.0 of this Form above, this
Trust shall be irrevocable and shall continue until terminated at the written direction of the Grantor and the Trustee, or by
the Trustee and the Department, if the Grantor ceases to exist. Upon Termination of the Trust, all remaining trust property,
less final trust administration expenses, shall be delivered to the Grantor.
SECTION 15. IMMUNITY AND INDEMNIFICATION

The Trustee shall not incur Personal liability of any nature in connection with any act or omission, made in good faith, in the
administration of this Trust, or in carrying out any directions by the Grantor or the Department issued in accordance with
this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor, from and against any Personal
liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses
reasonably incurred in its defense in the event the Grantor fails to provide such defense.
SECTION 16. CHOICE OF LAW

This Agreement shall be administered, construed, and enforced according to the laws of the State of Delaware, or the
Comptroller of the Currency in the case of National Association Banks.
SECTION 17. INTERPRETATION

As used in this Agreement, words in singular include the plural and words in the plural include the singular. The descriptive
headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
SECTION 18. DESIGNATED SIGNERS

Exhibit A shall be attached to the trust agreement and shall list the Persons designated by the Grantor to sign orders,
requests and instructions to the trustee.
In witness thereof the parties have caused this Agreement to be executed by their respective officers duly authorized and
their corporate seals (if applicable) to be hereunto affixed and attested as of the date first above written. The parties below
certify that the wording of this Agreement is identical to the wording specified in Part D, Section 27.0 Form G of the
Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were constituted on the date below.
Signature of Grantor:____________________________________________________________
Name of the Grantor: ____________________________________________________________

Title of the Grantor: ____________________________________________________________

Attest:
Signature of Trustee: ____________________________________________________________
Name of Trustee: ____________________________________________________________

Title: ____________________________________________________________
Seal
Attest
Signature of Witness: ____________________________________________________________
Name of Witness: ____________________________________________________________
Title of Witness:____________________________________________________________
Seal
The trust agreement shall be accompanied by a formal certification of acknowledgment similar to the following. State
requirements may differ on the proper content of this acknowledgment.
State of_________________________________ ____________________________________
County of ___________________________________________________________________
On this [Date] before me personally came [Owner or Operator] to me known, who, being by me duly sworn, did depose and
say that he/she resides at [address], and that she/he is [Title] of [Corporation] the corporation described in and which
executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to such instrument is
such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she/he signed his/
her name thereto by like order.
Signature of Notary Public ______________________________________________________
Name of Notary Public: _____________________________________________

SEAL
20 DE Reg. 815 (04/01/17)
Section 28. Form H - AST Standby Trust Agreement
Standby Trust agreement, the "Agreement," entered into as of [date] by and between [Owner or Operator] a [Name of
State] ["corporation", "partnership," "association," or "proprietorship"], the "Grantor," and [Name of Corporate Trustee]
[insert "Incorporated in the State of [Name of State]" or "a national bank"], the "Trustee."
Whereas, the Department of Natural Resources and Environmental Control (the Department), an agency of the State of
Delaware, has established certain regulations applicable to the Grantor, requiring that an Owner or Operator of an
aboveground storage tank (AST) shall provide assurance that funds will be available when needed for Corrective Action
and third-party compensation for Bodily Injury and Property Damage caused by Accidental Releases arising from the
operation of the AST.
List for each Facility: the name and address of the Facility where ASTs utilizing this Standby Trust Agreement are located,
and indicate which ASTs are utilizing this Standby Trust Agreement. List each AST by the AST identification number
provided in the registration form submitted pursuant to Part A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________

AST ID# (from AST AST size (in gallons) AST contents Covered by this Standby
registration form ) Trust Agreem ent? Y/N
Whereas, the Grantor has elected to establish [insert either "a guarantee," "surety bond," or "letter of credit"] to provide all
or part of such financial responsibility for the ASTs identified herein and is required to establish a standby trust fund able to
accept payments from the instrument;
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee; Now, therefore, the Grantor and the Trustee agree as follows:
SECTION 1. DEFINITIONS
As used in this Agreement:
(a) The term "Grantor" means the Owner or Operator who enters into this Agreement and any successors or assigns
of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
SECTION 2. IDENTIFICATION OF THE FINANCIAL RESPONSIBILITY MECHANISM

This Agreement pertains to the [identify the financial responsibility mechanism, either a guarantee, surety bond, or letter of
credit, from which the standby trust fund is established to receive payments].
SECTION 3. ESTABLISHMENT OF THE FUND

The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit of the Department. The Grantor and
the Trustee intend that no third party have access to the fund except as herein provided. [The Fund is established initially
as a standby to receive payments and shall not consist of any property.] Payments made by the Provider of Financial
Responsibility pursuant to the Department instruction are transferred to the Trustee and are referred to as the Fund,
together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this
Agreement. The Fund shall be held by the trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible
nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor as Provider
of Financial Responsibility, any payments necessary to discharge any liability of the Grantor established by the
Department.
SECTION 4. PAYMENT FOR CORRECTIVE ACTION AND/OR THIRD-PARTY LIABILITY CLAIMS

The Trustee shall make payments from the Fund as the DNREC Secretary shall direct, in writing, to provide for the
payment of the costs of [insert: "taking Corrective Action" and/or "compensating third parties for bodily injury and Property
Damage" caused by Accidental Releases] arising from operating the ASTs covered by the financial responsibility
mechanism identified in this Agreement.
The Fund may not be drawn upon to cover any of the following:
(a) Any obligation of [insert Owner or Operator] under a workers' compensation, disability benefits, or unemployment
(b) Bodily Injury to any employee of [insert Owner or Operator] arising from, and in the course of employment by
[insert Owner or Operator];
requirements of Part D, Section 3.0, of these Regulations. The Trustee shall reimburse the Grantor, or other
Persons as specified by the Department, from the Fund for Corrective Action expenditures and/or third-party
liability claims in such amounts as the Secretary shall direct in writing. In addition, the Trustee shall refund to the
Grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer constitute
part of the Fund as defined herein.
SECTION 5. PAYMENTS COMPRISING THE FUND

Payments made to the Trustee for the Fund shall consist of cash and securities acceptable to the Trustee.
SECTION 6. TRUSTEE MANAGEMENT

The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund,
without distinction between principal and income, in accordance with general investment policies and guidelines which the
Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In
investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to
the trust fund solely in the interest of the beneficiaries and with the care, skill, prudence, and diligence under the
circumstances then prevailing which Persons of prudence, acting in a like capacity and familiar with such matters, would
use in the conduct of an enterprise of a like character and with like aims; except that:
A. Securities or other obligations of the Grantor, or any other Owner or Operator of the tanks, or any of their affiliates
as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), shall not be acquired or held,
unless they are securities or other obligations of the federal or a State government;
B. The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an
agency of the federal or State government; and
C. The Trustee is authorized to hold cash awaiting investment or distribution un-invested for a reasonable time and
without liability for the payment of interest thereon.
SECTION 7. COMMINGLING AND INVESTMENT
The Trustee is expressly authorized in its discretion:
A. To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust
fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be
commingled with the assets of other trusts participating therein; and
B. To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C.
80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is
rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
SECTION 8. EXPRESS POWERS OF TRUSTEE
Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this
Agreement or by law, the Trustee is expressly authorized and empowered:
A. To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No
Person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into
the validity or expediency of any such sale or other disposition;
B. To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all
other instruments that may be necessary or appropriate to carry out the powers herein granted;
C. To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates representing such securities with certificates of the same
issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in
a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in
the name of the nominee of such depository with other securities deposited therein by another Person, or to
deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or
instrumentality thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times
show that all such securities are part of the Fund.
D. To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the
extent insured by an agency of the federal or State government; and
E. To compromise or otherwise adjust all claims in favor of or against the Fund.
SECTION 9. TAXES AND EXPENSES

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions
incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the
administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the
extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from
the Fund.
SECTION 10. ADVICE OF COUNSEL

The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any questions
arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
SECTION 11. TRUSTEE COMPENSATION

The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with
the Grantor.
SECTION 12. SUCCESSOR TRUSTEE

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective
until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee
shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's
acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of
the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it assumes administration of the trust in writing sent to
the Grantor and the present Trustee by Verified Service 10 Days before such change becomes effective. Any expenses
incurred by the Trustee as a result of any of the acts contemplated by this section shall be paid as provided in Section 9.0.
SECTION 13. INSTRUCTIONS TO THE TRUSTEE

All orders, requests, and instructions by the Grantor to the trustee shall be in writing, signed by such Persons as are
designated in the attached Exhibit A as required in Section 19.0 or such other designees as the Grantor may designate by
amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's
orders, requests, and instructions. All orders, requests, and instructions by the Secretary to the Trustee shall be in writing,
signed by the Secretary, and the Trustee shall act and shall be fully protected in acting in accordance with such orders,
requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that
no event constituting a change or a Termination of the authority of any Person to act on behalf of the Grantor or the
Department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and
instructions from the Grantor and/or the Department, except as provided for herein.
SECTION 14. AMENDMENT OF AGREEMENT

This Agreement may be amended by an instrument in writing executed by the Grantor and the Trustee, or by the Trustee
and the Department if the Grantor ceases to exist.
SECTION 15. IRREVOCABILITY AND TERMINATION

Subject to the right of the parties to amend this Agreement as provided in Section 14.0 of this Form above, this Trust shall
be irrevocable and shall continue until terminated at the written direction of the Grantor and the Trustee, or by the Trustee
and the Department, if the Grantor ceases to exist. Upon Termination of the Trust, all remaining trust property, less final
trust administration expenses, shall be delivered to the Grantor.
SECTION 16. IMMUNITY AND INDEMNIFICATION

The Trustee shall not incur Personal liability of any nature in connection with any act or omission, made in good faith, in the
administration of this Trust, or in carrying out any directions by the Grantor or the Department issued in accordance with
this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor, from and against any Personal
liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses
reasonably incurred in its defense in the event the Grantor fails to provide such defense.
SECTION 17. CHOICE OF LAW

This Agreement shall be administered, construed, and enforced according to the laws of the State of Delaware, or the
Comptroller of the Currency in the case of National Association Banks.
SECTION 18. INTERPRETATION

As used in this Agreement, words in singular include the plural and words in the plural include the singular. The descriptive
headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
SECTION 19. DESIGNATED SIGNERS

Exhibit A shall be attached to the trust agreement and shall list the Persons designated by the Grantor to sign orders,
requests and instructions to the trustee.
In witness thereof the parties have caused this Agreement to be executed by their respective officers duly authorized and
their corporate seals (if applicable) to be hereunto affixed and attested as of the date first above written. The parties below
certify that the wording of this Agreement is identical to the wording specified in PART D, Section 28.0, Form H of the
Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were constituted on the date below.
Signature of Grantor:____________________________________________________________
Name of the Grantor:____________________________________________________________

Title of the Grantor:____________________________________________________________

Attest:
Signature of Trustee:____________________________________________________________
Name of Trustee:____________________________________________________________
Title:____________________________________________________________
Seal
Attest:
Signature of Witness:____________________________________________________________
Name of Witness:____________________________________________________________
Title: ____________________________________________________________
Seal
The standby trust agreement shall be accompanied by a formal certification of acknowledgment similar to the following.
State requirements may differ on the proper content of this acknowledgment.
State of ________________________________, County of ____________________________,
On this [Date], before me personally came [Owner or Operator] to me known, who, being by me duly sworn, did depose
and say that he/she resides at [address], that she/he is [Title] of [Corporation] the corporation described in and which
executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to such instrument is
such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she/he signed his/
her name thereto by like order.
Signature of Notary Public:______________________________________________________
Name of Notary Public:______________________________________________________

20 DE Reg. 815 (04/01/17)
Section 29. Form I - AST Certification of Valid Claim
The undersigned, as principals and as legal representatives of [Owner or Operator] and [insert name and address of third-
party claimant] hereby certify that the claim of Bodily Injury [and/or] Property Damage caused by an Accidental Release
arising from operating [Owner or Operator] aboveground storage tank should be paid in the amount of $[______________].
Signature(s) of Owner or Operator:______________________________________________
Name of Owner or Operator:____________________________________________________

Name of Attorney for Owner or Operator:_________________________________________

Signature of Attorney for Owner or Operator:____________________________________
Notary:_____________________________________ Date: __________________
Signature of Claimant: __________________________________________________________
Name of Claimant:____________________________________________________________
Name of Attorney for Claimant:________________________________________________

Signature of Attorney for Claimant:________________________________________________
Notary_____________________________________ Date ___________________

20 DE Reg. 815 (04/01/17)
Section 30. Form J - AST Bond Rating Test - General Purpose Local Government
I am the Chief Financial Officer of [insert: name and address of Local Government Owner or Operator, or Guarantor]. This
letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: "taking Corrective
Action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by [insert: sudden Accidental
Releases" and/or "nonsudden Accidental Releases"] in the amount of at least [insert: dollar amount] per Occurrence and
[insert: dollar amount] Annual Aggregate arising from operating (an) aboveground storage tank(s) (ASTs).
ASTs at the following facilities are assured by this bond rating test.
List for each Facility: the name and address of the Facility where ASTs assured by this Bond Rating Test are located, and
indicate which ASTs are assured by this Bond Rating Test. List each AST by the AST identification number provided in the
registration form submitted pursuant to Part A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
AST ID# (from AST AST size (in gallons) AST contents Covered by this Bond
registration form) Rating Test? Y/N
The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding bond
issues that are being used by [name of Local Government Owner or Operator, or Guarantor] to demonstrate financial
responsibility are as follows: [complete table]
Issue Date Maturity Date Outstanding Bond Rating Rating Agency*

Amount
*Moody's or Standard & Poor's
The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount required
in PART D, Section 3.0. All outstanding general obligation bonds issued by this government that have been rated by
Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard & Poor's BBB) based on
the most recent ratings published within the last twelve (12) months. Neither rating service has provided notification within
the last twelve (12) months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other
than for repayment of outstanding bond issues.
I hereby certify that the wording of this letter is identical to the wording specified in PART D, Section 30.0, Form J of the
immediately below.
Signature: _______________________________________________________________
Name: __________________________________________________________________
Title: ____________________________________________________________________
Date: _____________________________________________________________________
20 DE Reg. 815 (04/01/17)
Section 31. Form K - AST Bond Rating Test/Local Government - Other
letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: "taking Corrective
Action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by [insert: "sudden Accidental
Releases" and/or "nonsudden Accidental Releases"] in the amount of at least [insert: dollar amount] per Occurrence and
[insert: dollar amount] Annual Aggregate arising from operating (an) aboveground storage tank(s) (ASTs). This Local
Government is not organized to provide general governmental services and does not have the legal authority under state
law or constitutional provisions to issue general obligation debt.
ASTs at the following facilities are assured by this bond rating test:
List for each Facility: the name and address of the Facility where ASTs assured by this Bond Rating Test are located, and
indicate which ASTs are assured by this Bond Rating Test. List each AST by the AST identification number provided in the
registration form submitted pursuant to Part A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________

AST ID# (from AST AST size (in gallons) AST contents Covered by this Bond
registration form) Rating Test? Y/N
The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding bond
issues that are being used by [name of Local Government Owner or Operator, or Guarantor] to demonstrate financial
responsibility are as follows: [complete table]
Issue Date Maturity Date Outstanding Bond Rating Rating Agency*

Amount
*Moody's or Standard & Poor's
The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount required
in PART D, Section 3.0. All outstanding general obligation bonds issued by this government that have been rated by
Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard & Poor's BBB) based on
the most recent ratings published within the last twelve (12) months. Neither rating service has provided notification within
the last twelve (12) months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other
than for repayment of outstanding bond issues.
I hereby certify that the wording of this letter is identical to the wording specified in PART D, Section 31.0, Form K of the
immediately below.
Signature: _______________________________________________________________
Name: __________________________________________________________________
Title: ____________________________________________________________________
Date: _____________________________________________________________________
20 DE Reg. 815 (04/01/17)
Section 32. Form L - AST Local Government Financial Test
I am the Chief Financial Officer of [insert: name and address of the Owner or Operator]. This letter is in support of the use
of the Local Government financial test to demonstrate financial responsibility for [insert: "taking Corrective Action" and/or
"compensating third parties for Bodily Injury and Property Damage"] caused by [insert: "sudden Accidental Releases" and/
or "nonsudden Accidental Releases"] in the amount of at least [insert: dollar amount] per Occurrence and [insert: dollar
amount] Annual Aggregate arising from operating [an] aboveground storage tank(s) (ASTs)].
ASTs at the following facilities are assured by this financial test:
List for each Facility: the name and address of the Facility where ASTs assured by this Local Government financial test are
located, and indicate which ASTs are assured by this Local Government financial test. If separate mechanisms or
combinations of mechanisms are being used to assure any of the ASTs at this Facility, list each AST assured by this
financial test by the AST identification number provided in the registration form submitted pursuant to Part A of these
Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
AST ID# (from AST AST size (in gallons) AST contents Covered by this Local Gov-
registration form) ernment Financial Test? Y/N
This Owner or Operator has not received an adverse opinion, or a disclaimer of opinion from an independent auditor on its
financial statements for the latest completed fiscal year. Any outstanding issues of general obligation or revenue bonds, if
rated, have a Moody's rating of Aaa, Aa, A, or Baa or a Standard & Poor's rating of AAA, AA, A, or BBB; if rated by both
firms, the bonds have a Moody's rating of Aaa, Aa, A, or Baa and a Standard & Poor's rating of AAA, AA, A, or BBB.
WORKSHEET FOR MUNICIPAL FINANCIAL TEST
PART I: BASIC INFORMATION
1. Total Revenues
a. Revenues (dollars) ___________________
Value of revenues excludes liquidation of investments and issuance of debt. Value includes all general fund
operating and non-operating revenues, as well as all revenues from all other governmental funds including
enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or
agency capacity.
b. Subtract interfund transfers (dollars) ___________________
c. Total Revenues (dollars) ___________________
2. Total Expenditures
a. Expenditures (dollars) ___________________
Value consists of the sum of general fund operating and non-operating expenditures including interest payments
on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds
including enterprise, debt service, capital projects, and special revenues.
b. Subtract interfund transfers (dollars) ___________________
c. Total Expenditures (dollars) ___________________
3. Local Revenues
a. Total Revenues (from 1c) (dollars) ___________________
b. Subtract total intergovernmental transfers (dollars) ___________________
c. Local Revenues (dollars) ___________________
4. Debt Service
a. Interest and fiscal charges (dollars) ___________________
b. Add debt retirement (dollars) ___________________
c. Total Debt Service (dollars) ___________________
5. Total Funds (dollars) ___________________

(Sum of amounts held as cash and investment securities from all funds, excluding amounts held for employee
retirement funds, agency funds, and trust funds)
6. Population (Persons) ___________________
PART II: APPLICATION OF TEST
7. Total Revenues to Population ___________________

a. Total Revenues (from 1c) ___________________
b. Population (from 6) ___________________
c. Divide 7a by 7b ___________________
d. Subtract 417 ___________________
e. Divide by 5,212 ___________________
f. Multiply by 4.095 ___________________
8. Total Expenses to Population

a. Total Expenses (from 2c) ___________________
c. Divide 8a by 8b ___________________
d. Subtract 524 ___________________
e. Divide by 5,401 ___________________
f. Multiply by 4.095 ___________________
9. Local Revenues to Total Revenues

a. Local Revenues (from 3c) ___________________
b. Total Revenues (from 1c) ___________________
c. Divide 9a by 9b ___________________
d. Subtract .695 ___________________
e. Divide by .205 ___________________
f. Multiply by 2.840 ___________________
10. Debt Service to Population

a. Debt Service (from 4d) ___________________
c. Divide 10a by 10b ___________________
d. Subtract 51 ___________________
e. Divide by 1,038 ___________________
f. Multiply by -1.866 ___________________
11. Debt Service to Total Revenues

a. Debt Service (from 4d) ___________________
c. Divide 11a by 11b ___________________
d. Subtract .068 ___________________
e. Divide by .259 ___________________
f. Multiply by -3.533 ___________________
12. Total Revenues to Total Expenses

a. Total Revenues (from 1c) ___________________
b. Total Expenses (from 2c) ___________________
c. Divide 12a by 12b ___________________
d. Subtract 910 ___________________
e. Divide by .899 ___________________
f. Multiply by 3.458 ___________________
13. Funds Balance to Total Revenues

a. Total Funds (from 5) ___________________
c. Divide 13a by 13b ___________________
d. Subtract .891 ___________________
e. Divide by 9.156 ___________________
f. Multiply by 3.270 ___________________
14. Funds Balance to Total Expenses

b. Total Expenses (from 2c) ___________________
c. Divide 14a by 14b ___________________
d. Subtract .866 ___________________
e. Divide by 6.409 ___________________
f. Multiply by 3.270 ___________________
15. Total Funds to Population

c. Divide 15a by 15b ___________________
d. Subtract 270 ___________________
e. Divide by 4,548 ___________________
f. Multiply by 1.866 ___________________
16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937 ___________________
I hereby certify that the financial index shown on line 16 of the worksheet is greater than zero and that the wording of this
letter is identical to the wording specified in Part D, Section 32.0 Form L of the Delaware Regulations Governing
Aboveground Storage Tanks, as such Regulations were constituted on the date shown immediately below.
Signature: _______________________________________________________________
Name: _________________________________________________________________
Title: ___________________________________________________________________
Date: ____________________________________________________________________
20 DE Reg. 815 (04/01/17)
Section 33. Form M - AST Local Government Guarantee With Standby Trust Made by a State
Guarantee made this [date] by [name of State], herein referred to as Guarantor, to Delaware Department of Natural
Resources and Environmental Control and to any and all third parties, and obliges, on behalf of [Local Government Owner
or Operator].
Recitals
(1) Guarantor is a State.
(2) [Local Government Owner or Operator] owns or operates the following aboveground storage tanks (ASTs) covered
by this guarantee:
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
registration form) ernment Guarantee? Y/N
This guarantee satisfies PART D, requirements for assuring funding for [insert: "taking Corrective Action" and/or
"compensating third parties for Bodily Injury and Property Damage caused by" either "sudden Accidental Releases" or
"nonsudden Accidental Releases" or "Accidental Releases"; if coverage is different for different ASTs or locations, indicate
the type of coverage applicable to each AST or location] arising from operating the above-identified AST(s) in the amount
of [insert dollar amount] per Occurrence and [insert dollar amount] Annual Aggregate.
(3) Guarantor guarantees to the Department and to any and all third parties that:
In the event that [Local Government Owner or Operator] fails to provide alternative coverage within sixty (60) Days after
receipt of a notice of cancellation of this guarantee and the Department has determined or suspects that a Release has
occurred at an AST covered by this guarantee, the Guarantor, upon instructions from the Department shall fund a standby
trust fund in accordance with the provisions of Part D, Section §18.0 in an amount not to exceed the coverage limits
specified above.
In the event that the Department determines that [Local Government Owner or Operator] has failed to perform Corrective
Action for Releases arising out of the operation of the above-identified tank(s) in accordance with Part E the Guarantor
upon written instructions from the Department shall fund a standby trust fund in accordance with the provisions of PART D,
Section 18.0 in an amount not to exceed the coverage limits specified above.
If [Owner or Operator] fails to satisfy a judgment or award based on a determination of liability for Bodily Injury or Property
Damage to third parties caused by ["sudden" and/or "nonsudden"] Accidental Releases arising from the operation of the
above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from
such injury or damage, the Guarantor, upon written instructions from the Department, shall fund a standby trust in
accordance with the provisions of PART D, Section 18.0 to satisfy such judgment(s), award(s), or settlement agreement(s)
up to the limits of coverage specified above.
(4) Guarantor agrees to notify [Owner or Operator] by certified mail of a voluntary or involuntary proceeding under Title 11
{Bankruptcy}, U.S. Code naming Guarantor as debtor, within 10 Days after commencement of the proceeding.
of [Owner or Operator] pursuant to the Delaware Regulations Governing Aboveground Storage Tank Systems.
(6) Guarantor agrees to remain bound under this guarantee for so long as [Local Government Owner or Operator] shall
comply with the applicable financial responsibility requirements of PART D for the above identified ASTs, except that
Guarantor may cancel this guarantee by sending notice by certified mail to [Owner or Operator], such cancellation to
become effective no earlier than one hundred twenty (120) Days after receipt of such notice by [Owner or Operator], as
evidenced by the return receipt.
(a) Any obligation of [Local Government Owner or Operator] under a workers' compensation, disability benefits, or
unemployment compensation law or other similar law;
(b) Bodily Injury to an employee of [insert: Local Government Owner or Operator] arising from, and in the course of,
employment by [insert: Local Government Owner or Operator];
[insert: Local Government Owner or Operator] that is not the direct result of a Release from an AST;
(e) Bodily Injury or Property Damage for which [insert Owner or Operator] is obligated to pay damages by reason of the
[Local Government Owner or Operator].
I hereby certify that the wording of this guarantee is identical to the wording specified in Part D, Section 33.0, Form M of the
Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were constituted on the Effective Date
shown immediately below.
Effective Date: __________________________________________________________
Name of Guarantor: ______________________________________________________

Authorized signature for Guarantor: __________________________________________
Name of Person signing: ___________________________________________________

Title of Person signing: ____________________________________________________

Signature of witness or notary:_______________________________________________
Date: ___________________________________________________________________
20 DE Reg. 815 (04/01/17)
Section 34. Form N - AST Local Government Guarantee With Standby Trust Made by a Local Government
Guarantee made this [date] by [name of guaranteeing entity], a Local Government organized under the laws of [name of
State], herein referred to as Guarantor, to the Department and to any and all third parties, and obliges, on behalf of [Local
Government Owner or Operator].
Recitals
(1) Guarantor meets or exceeds [select one: the Local Government bond rating test requirements of PART D, Section
11.0, the Local Government financial test requirements of PART D, Section 12.0, or the Local Government fund
under PART D, Section 14.0].
(2) [Local Government Owner or Operator] owns or operates the following aboveground storage tank(s) (ASTs)
covered by this Guarantee:
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
This guarantee satisfies PART D requirements for assuring funding for [insert: "taking Corrective Action" and/or
of [insert dollar amount] per Occurrence and [insert: dollar amount] Annual Aggregate.
(3) Incident to our Substantial Business Relationship with [Local Government Owner or Operator], Guarantor guarantees
to the Department and to any and all third parties that:
occurred at an AST covered by this guarantee, the Guarantor, upon instructions from the Department shall fund a standby
trust fund in accordance with the provisions of PART D, Section 18.0, in an amount not to exceed the coverage limits
specified above.
Action for Releases arising out of the operation of the above-identified AST(s) in accordance with PART E of these
Regulations, the Guarantor upon written instructions from the Department shall fund a standby trust fund in accordance
with the provisions of PART D. Section 18.0 in an amount not to exceed the coverage limits specified above.
above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from
such injury or damage, the Guarantor, upon written instructions from the Department, shall fund a standby trust in
accordance with the provisions of PART D, Section 18.0 to satisfy such judgment(s), award(s), or settlement agreement(s)
up to the limits of coverage specified above.
(4) Guarantor agrees that, if at the end of any fiscal year before cancellation of this guarantee, the Guarantor fails to meet
or exceed the requirements of the financial responsibility mechanism specified in paragraph (1), Guarantor shall send
within one hundred twenty (120) Days of such failure, by certified mail, notice to [Local Government Owner or Operator], as
(5) Guarantor agrees to notify [Owner or Operator] by certified mail of a voluntary or involuntary proceeding under Title 11
{Bankruptcy}, U.S. Code naming Guarantor as debtor, within ten (10) Days after commencement of the proceeding.
of [Owner or Operator] pursuant to the Regulations.
comply with the applicable financial responsibility requirements of PART D for the above identified tank(s), except that
Guarantor may cancel this guarantee by sending notice by certified mail to [Owner or Operator], such cancellation to
(a) Any obligation of [Local Government Owner or Operator] under a workers' compensation, disability benefits, or
(e) Bodily Injury or Property Damage for which [insert: Owner or Operator] is obligated to pay damages by reason of
(9) Guarantor expressly waives notice of acceptance of this Guarantee by the Department, by any or all third parties, or by
I hereby certify that the wording of this guarantee is identical to the wording specified in PART D, Section 30.0, Form N of
the Delaware Regulations Governing Underground Storage Tanks as such Regulations were constituted on the Effective
Date shown immediately below.
Effective Date:__________________________________________________________
Name of Guarantor:_____________________________________________________
Authorized signature for Guarantor: ________________________________________________
Name of Person signing: ______________________________________________________
Title of Person signing:______________________________________________________
Signature of witness or notary:_____________________________________________________

20 DE Reg. 815 (04/01/17)
Section 35. Form O - AST Local Government Guarantee Without Standby Trust Made by a State
Guarantee made this [date] by [name of State], herein referred to as Guarantor, to the Department and to any and all third
parties, and obliges, on behalf of [Local Government Owner or Operator].
Recitals
(1) Guarantor is a State.
(2) [Local Government Owner or Operator] owns or operates the following aboveground storage tank(s) (ASTs) covered by
this guarantee:
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________

of [insert: dollar amount] per Occurrence and [insert: dollar amount] Annual Aggregate.
(3) Guarantor guarantees to the Department and to any and all third parties and obliges that:
occurred at an AST covered by this guarantee, the Guarantor, upon written instructions from the Department shall make
funds available to pay for Corrective Actions and compensate third parties for Bodily Injury and Property Damage in an
amount not to exceed the coverage limits specified above.
Action for Releases arising out of the operation of the above-identified AST(s) in accordance with PART E of Delaware's
Regulations Governing Aboveground Storage Tanks, the Guarantor upon written instructions from the Department shall
make funds available to pay for Corrective Actions in an amount not to exceed the coverage limits specified above.
above-identified AST(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from
such injury or damage, the Guarantor, upon written instructions from the Department, shall make funds available to
compensate third parties for Bodily Injury and Property Damage in an amount not to exceed the coverage limits specified
above.
(4) Guarantor agrees to notify [Owner or Operator] by Verified Service of a voluntary or involuntary proceeding under Title
11 {Bankruptcy}, U.S. Code naming Guarantor as debtor, within ten (10) Days after commencement of the proceeding.
comply with the applicable financial responsibility requirements of PART D for the above identified ASTs, except that
Guarantor may cancel this guarantee by sending notice by Verified Service to [Owner or Operator], such cancellation to
evidenced by the return receipt. If notified of a probable Release, the Guarantor agrees to remain bound to the terms of this
guarantee for all charges arising from the Release, up to the coverage limits specified above, notwithstanding the
cancellation of the guarantee with respect to future Releases.
(a) Any obligation of [Local Government Owner or Operator] under a workers' compensation disability benefits, or
(b) Bodily Injury to an employee of [insert Local Government Owner or Operator] arising from, and in the course of,
Requirements of PART D, Section 3.0.
I hereby certify that the wording of this guarantee is identical to the wording specified in, PART D, Section 35.0, Form O of
the Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were constituted on the Effective
Effective Date: ________________________________________________________________
Name of Guarantor:________________________________________________________________
Authorized signature for Guarantor:_______________________________________________________
Name of Person signing: _______________________________________________________________

Title of Person signing:________________________________________________________________

Signature of witness or notary:___________________________________________________________

20 DE Reg. 815 (04/01/17)
Section 36. Form P - AST Local Government Guarantee Without Standby Trust Made by a Local Government
Guarantee made this [date] by [name of guaranteeing entity], a Local Government organized under the laws of [name of
State], herein referred to as Guarantor, to the Department and to any and all third parties, and obliges, on behalf of [Local
Government Owner or Operator].
Recitals
(1) Guarantor meets or exceeds [select one: the Local Government bond rating test requirements of PART D, Section
11.0, the Local Government financial test requirements of PART D, Section 12.0, the Local Government fund under
PART D, Section 14.0.]
(2) [Local Government Owner or Operator] owns or operates the following aboveground storage tank(s) (ASTs)
covered by this guarantee:
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
registration form ) ernm ent Guarantee? Y/N
the type of coverage applicable to each ASTs or location] arising from operating the above-identified AST(s) in the amount
of [insert: dollar amount] per Occurrence and [insert: dollar amount] Annual Aggregate.
(3) Incident to our Substantial Business Relationship with [Local Government Owner or Operator], Guarantor guarantees to
the Department and to any and all third parties and obliges that:
occurred at an AST covered by this guarantee, the Guarantor, upon written instructions from the Department shall make
funds available to pay for Corrective Actions and compensate third parties for Bodily Injury and Property Damage in an
amount not to exceed the coverage limits specified above.
Action for Releases arising out of the operation of the above-identified ASTs in accordance with PART E, the Guarantor
upon written instructions from the Department shall make funds available to pay for Corrective Actions in an amount not to
exceed the coverage limits specified above.
above-identified ASTs, or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such
injury or damage, the Guarantor, upon written instructions from the Department, shall make funds available to compensate
third parties for Bodily Injury and Property Damage in an amount not to exceed the coverage limits specified above.
(4) Guarantor agrees that if at the end of any fiscal year before cancellation of this guarantee, the Guarantor fails to meet
or exceed the requirements of the financial responsibility mechanism specified in paragraph (1), Guarantor shall send
within one hundred twenty (120) Days of such failure, by certified mail, notice to [Local Government Owner or Operator], as
(5) Guarantor agrees to notify [Owner or Operator] by Verifiable Service of a voluntary or involuntary proceeding under
Title 11 {Bankruptcy}, U.S. Code naming Guarantor as debtor, within ten (10) Days after commencement of the proceeding.
comply with the applicable financial responsibility requirements of Part D for the above identified ASTs, except that
Guarantor may cancel this guarantee by sending notice by Verifiable Service to [Owner or Operator], such cancellation to
evidenced by the return receipt. If notified of a probable Release, the Guarantor agrees to remain bound to the terms of this
guarantee for all charges arising from the Release, up to the coverage limits specified above, notwithstanding the
cancellation of the guarantee with respect to future Releases.
(a) Any obligation of [Local Government Owner or Operator] under a workers' compensation disability benefits, or
requirements of Part D.
[Local Government Owner or Operator],
I hereby certify that the wording of this guarantee is identical to the wording specified in PART D, Section 36.0, Form P of
the Delaware Regulations Governing Aboveground Storage Tanks as such Regulations were constituted on the Effective
Effective Date: ______________________________________________________
Name of Guarantor:_____________________________________________________
Authorized signature for Guarantor: __________________________________________________
Name of Person signing: ___________________________________________________________

Title of Person signing:____________________________________________________________

Signature of witness or notary:_______________________________________________________

20 DE Reg. 815 (04/01/17)
Section 37. Form Q - AST Local Government Fund Mechanism

letter is in support of the use of the Local Government fund mechanism to demonstrate Financial Responsibility for [insert:
"taking Corrective Action" and/or "compensating third parties for Bodily Injury and Property Damage"] caused by [insert:
"sudden Accidental Releases" and/or "nonsudden Accidental Releases"] in the amount of at least [insert: dollar amount]
per Occurrence and [insert: dollar amount] Annual Aggregate arising from operating (an) aboveground storage tank(s)
(ASTs).
ASTs at the following facilities are assured by this Local Government fund mechanism:
List for each Facility: the name and address of the Facility where ASTs assured by this Local Government fund mechanism
are located, and indicate which ASTs are assured by this Local Government fund mechanism. List each AST by the AST
identification number provided in the registration form submitted pursuant to Part A of these Regulations.
Facility Name: ______________________________________________________________
Facility Street: ______________________________________________________________
AST ID# (from AST AST size (in gallons) AST contents Covered by this Local Govern-
registration form) ment Fund Mechanism? Y/N
[Insert: "The Local Government fund is funded for the full amount of coverage required under Part D, Section 3.0, or funded
for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining
coverage." or "The Local Government fund is funded for ten times the full amount of coverage required under PART D,
Section 3.0, funded for part of the required amount of coverage and used in combination with other mechanism(s) that
provide the remaining coverage," or "A payment is made to the fund once every year for seven years until the fund is fully-
funded and (name of Local Government) has available bonding authority, approved through voter referendum, of an
amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund" or "A
payment is made to the fund once every year for seven years until the fund is fully-funded and I have attached a letter
signed by the State Attorney General stating that (1) the use of the bonding authority will not increase the Local
Government's debt beyond the legal debt ceilings established by the relevant State laws and (2) that prior voter approval is
not necessary before use of the bonding authority"].
The details of the Local Government fund are as follows:
Amount in Fund (market value of fund of close of last fiscal year): _______________
[If fund balance is incrementally funded as specified in PART D, subsection 14.1.1.3 insert:
Amount added to fund in the most recently completed fiscal year: _______________
Number of years remaining in the pay-in period: _______________]
A copy of the State constitutional provision, or Local Government statute, charter, ordinance or order dedicating the fund is
attached.
I hereby certify that the wording of this letter is identical to the wording specified in PART D, Section 37.0, Form Q of the
immediately below.
Signature: _______________________________________________________________
Name: _________________________________________________________________
Title: ___________________________________________________________________
Date: ____________________________________________________________________
20 DE Reg. 815 (04/01/17)
PART E LEAK REPORTING AND CORRECTIVE ACTION REQUIREMENTS FOR ABOVEGROUND STORAGE TANKS
1.0 General Requirements for Leaks Inside Secondary Containment

1.1 Leaks into Secondary Containment
1.1.1 No person shall knowingly allow any leak of a regulated substance from an AST into secondary
containment to continue.
1.1.2 A leak of a regulated substance inside secondary containment in any quantity that cannot be cleaned up
within (7) days shall be reported to the Tank Management Section as soon as possible, but in no instance
shall reporting exceed (7) seven days form the time of discovery. Reporting may be made in person or by
telephone or by electronic mail.
1.1.3 Documentation of the leak and the calculations of how the leak amount was determined shall be
maintained by the Owner and Operator at the Facility for the operational life of the AST.
1.1.4 Actions to prevent a reoccurrence of the leak and actions to mitigate evidence of the leak shall be
completed within (30) thirty days. These actions shall include but are not limited to:
1.1.4.1 Repairing or replacing defective equipment, or;
1.1.4.2 Modifying operating procedures, or;
1.1.4.3 Retraining employees.
1.1.5 Evidence of a leak on secondary containment surfaces other than soil, shall be mitigated by mechanical
and/or chemical means that do not compromise the impermeability of the secondary containment and
which permit potential future Leaks to be readily discernible from evidence of previous Leaks, in
accordance with PART E, subsection 1.1.4.
1.1.6 Evidence of a leak on secondary containment surfaces comprised of soil, that cannot be eliminated by
surficial scraping, shall be eliminated by excavating all impacted soils or a means by which a new stain is
easily detectable and which does not compromise the impermeability of the secondary containment, in
accordance with PART E, subsection 1.1.4. Any area that is excavated shall be backfilled with a material
of equal or superior impermeability.
1.1.7 The Department must be notified in person or by telephone, within five (5) days of any excavation activities
within secondary containment.
1.1.8 Staining that extends through the impermeable secondary containment surface is considered a release
and a hydrogeologic investigation must be completed in accordance with PART E, subsection 4.2.
20 DE Reg. 815 (04/01/17)
2.0 Reporting Requirements
2.1 Indicated Releases from ASTs
2.1.1 Indicated releases are signs that an AST, or the secondary containment are failing or could potentially fail
to contain a regulated substance. Indicated releases are releases that are not observable and are not
directly attributable to another source. Observable releases must refer to PART E, subsection 4.2.
Indicated releases include, but are not limited to, the following:
2.1.1.1 Stained soils or soils that emit characteristic odors of regulated substance compounds which are
exposed during activities including but not limited to digging, boring or excavation activities, retrofit
of ASTs, removal of an AST or collection of soil samples around an AST that is permanently closed
In place, or results from an Phase I or Phase II environmental site assessment; or
2.1.1.2 Water from supply wells, public or private, that exhibit a decrease in water quality, which is shown
by subsequent analysis to result from the presence of a regulated substance; or
2.1.1.3 The appearance of characteristic odors of a regulated substance in basements or other enclosed
spaces; or
2.1.1.4 The appearance of a sheen on a surface water body; or
2.1.1.5 The appearance of a sheen or measurable NAPL in a supply well, monitoring well, or observation
tube; or
2.1.1.6 Failure of a tank, piping or vapor recovery test; or
2.1.1.7 A laboratory report that indicates a sample collected from or near an AST excavation, soil boring,
monitor well or observation tube contains a regulated substance; or
2.1.1.8 Notification from the State Emergency Prevention and Response Section or another State or
Federal agency of the discovery of a release of uncontained regulated substances or compounds;
or
2.1.1.9 Documentation on a tank inspection report that the AST integrity may have been compromised
which includes but is not limited to:
2.1.1.9.1 Holes in the AST; or
2.1.1.9.2 Thinning of AST structural material below the minimum design standard; or
2.1.1.9.3 Cracks in welds or steel plates.
2.1.1.10 Abnormal operating conditions include but are not limited to the following:
2.1.1.10.1 The sudden loss of product from any portion of the AST;
2.1.1.10.2 Inventory control discrepancies over a consecutive two month period;
2.1.1.10.3 A signal from any release detection device or method that indicates a release may have
occurred;
2.1.1.10.4 The unexplained presence of water in the AST;
2.1.1.10.5 Evidence of a release of a regulated substance noted during a routine inspection.
2.2 Reporting Requirements for Indicated Releases
2.2.1 Any indication of a release of a regulated substance from an AST that was not witnessed, is not
immediately quantifiable, and has impacted soil, surface water, or groundwater, and is discovered by any
person, including but not limited to environmental consultants, environmental contractors, utility
companies, financial institutions, real estate transfer companies, or AST Owners or Operators shall be
reported within 48 hours to:
2.2.1.1 The DNREC Tank Management Section by calling 302-395-2500 during normal business hours,
which are 8am to 4pm, Monday through Friday, excluding state holidays or emergency state office
closures. Reporting to the Tank Management Section does not release any person from complying
with the requirements of 7 Del.C. Ch. 60 and the Regulations promulgated there under as
amended and if an imminent threat to human health, safety or the environment exists.
2.2.1.2 If the phone numbers listed in these Regulations are not valid it is the responsibility of the Owner
and Operator to take all reasonable steps to ascertain a valid phone number.
2.2.2 The Department may require that the AST be taken out of service and emptied until the cause of the
indicated release is determined, if the Department deems such action necessary to protect human health,
safety or the environment.
2.2.3 Abnormal operating conditions, mechanical abnormalities, or equipment issues that indicate that a release
of a regulated substance has occurred, may be occurring, or has the potential to occur must be
investigated in accordance with PART E, Section 3.0.
2.3 Reporting Requirements for Releases
2.3.1 Owners and Operators shall not knowingly allow any release of a regulated substance from an AST to
continue. Owners and Operators shall take immediate action to contain any release so as to minimize the
environmental impact of the release and to immediately identify and mitigate fire, explosion and vapor
hazards.
2.3.2 Any release of a regulated substance from an AST in excess of the reportable quantities specified in the
regulations promulgated pursuant to 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing the
Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, that is discovered by any
person, including but not limited to environmental consultants or contractors, utility companies, financial
institutions or real estate transfer companies, shall be reported within 24 hours to:
2.3.2.1 The Department’s 24-hour Release Hot Line by calling 800-662-8802, and
2.3.2.2 The DNREC Tank Management Section by calling 302-395-2500, during normal business hours,
which are 8am to 4pm, Monday through Friday, excluding state holidays or emergency state office
closures.
2.3.2.3 If the phone numbers listed in these Regulations are not valid it is the responsibility of the Owner
and Operator to take all reasonable steps to ascertain a valid phone number.
2.3.3 Owners and Operators shall immediately contain the release and shall complete the release response,
investigation and remedial action requirements of PART E, as required.
2.3.4 Owners and Operators shall comply with the release notification requirements of any and all state, federal
or municipal agencies.
2.3.5 Any release of a regulated substance in a quantity less than the reportable quantity specified in the
regulations promulgated pursuant to Title 7 Del.C. Ch. 60, §6028, the Delaware Regulations Governing
the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended, shall be documented at
the time of discovery on the routine in-service inspection report. If the commencement of cleanup activities
cannot begin within 24 hours or cannot be completed within seven (7) days the Tank Management Section
shall be notified in person or via fax, electronic mail, or by telephone on the eighth day, and the
requirements of PART E, subsection 4.2 shall apply.
20 DE Reg. 815 (04/01/17)
3.0 Indicated Release Investigation Requirements

3.1 General Requirements for Indicated Release Investigation
3.1.1 If at any point in the indicated release investigation it is determined that a release of a regulated substance
from an AST in excess of the reportable quantities specified in the regulations promulgated pursuant to 7
Del.C. Ch. 60, §6028, the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or
an Air Contaminant, as amended, has occurred, the Department must be notified immediately and
Release Response actions in accordance with PART E, subsection 4.2, must begin.
3.1.2 Unless remedial action is immediately initiated in accordance with the requirements of PART E, subsection
6.1.3, Owners and Operators shall investigate and confirm, within seven (7) days, any indication of a
release of a regulated substance including but not limited to those listed in PART E, subsection 2.1.1.
3.2 Indicated Release Investigation Procedures
3.2.1 Upon discovery of an indication of a release Owners and Operators shall:
3.2.1.1 Within twenty-four (24) hours initiate an investigation to determine the cause of any abnormal
operating condition; and
3.2.1.2 Within twenty-four (24) hours initiate an investigation, for completion within seven (7) days, to
determine the presence or absence of a release by:
3.2.1.2.1 Conducting inspection and testing of the AST and secondary containment as necessary to
conclusively determine the presence or absence of a release; or
3.2.1.2.2 Measuring for the presence of a release where contamination is most likely to be present at
the AST site. In selecting sample types, sample locations and measurement methods, the
type of initial indication of contamination, type of backfill and soil, the depth of groundwater,
and other factors appropriate for identifying the presence and source of the release shall be
considered; or
3.2.1.2.3 Other procedures as directed by the Department.
3.2.1.3 When the abnormal operating condition is the result of an equipment failure or malfunction,
Owners and Operators shall repair or replace all faulty equipment in accordance with these
Regulations.
3.2.1.4 When the release investigation determines that a release has occurred, Owners and Operators
shall comply with the hydrogeologic investigation and remedial action requirements of PART E,
subsection 4.2.
3.2.2 If a release is confirmed or a repair is required, the Department must be notified within thirty (30) days of
the completion of any repairs and indicated release investigation. Owners and Operators and AST
contractors shall submit documentation to the Department including, but not limited to, the following:
3.2.2.1 Repair completion documentation; and
3.2.2.2 Sampling results; and
3.2.2.3 Test results as required by the Department.
3.2.3 If following the indicated release investigation, it is confirmed that a release from an AST has not occurred,
documentation of the indicated release investigation must be maintained for the life of the AST.
3.2.4 Results of the indicated release investigation must be submitted to the Department if requested by the
Department.
20 DE Reg. 815 (04/01/17)
4.0 Release Response Requirements

4.1 Department Authority to Assume Control of Releases
4.1.1 The Department shall give written notice to the Owner and Operator if the owner and operator are not
meeting the requirements and timeframes found in Part E subsection 3.2 or Part E subsection 4.2. If the
Owner and Operator fail to respond to the actions and timeframes described in the notice, the Department
reserves the right to assume control of any release or indicated release situation. In such cases all liability,
including payment to the Department of response costs, will remain with the Owner and Operator.
4.1.2 To protect human health, safety and the environment the Department reserves the right for the
Department or its contractors to enter and take appropriate actions on affected properties to investigate,
abate and remediate contamination.
4.2 Initial Release Response Requirements
4.2.1 In response to a release from an AST, the Owner and Operator shall promptly take the following steps:
4.2.1.1 If a faulty AST component is determined to be the cause of a release, the component or, if
necessary, the entire AST system, shall be taken out of service and shall not be returned to
service until the AST is functioning in compliance with all applicable portions of these Regulations;
and
4.2.1.2 At the Department’s direction a hydrogeologic investigation in accordance with PART E, Section
5.0, shall be conducted to determine an estimate of the amount and type of regulated substance
released; and
4.2.1.3 Owners and Operators shall implement the following to contain the release:
4.2.1.3.1 If NAPL is present, NAPL Corrective Action shall be immediately initiated in accordance with
PART E, subsection 4.3; and,
4.2.1.3.2 Nearby receptors shall be protected from impacts of regulated substances by preventing free
and mobile NAPL migration through recovery and containment, and the Department shall be
notified of all such activities; and
4.2.1.3.3 All flammable material shall be properly handled and vapors shall be mitigated to prevent fires,
explosions and impacts to receptors.
4.3 NAPL Corrective Action Requirements
4.3.1 At sites where there is a release of NAPL, the Owners and Operators shall remove and remediate the
NAPL to the maximum extent practicable following the requirements established in PART E, Section 4.0,
while continuing, as necessary, the release confirmation steps and the investigation required in PART E,
Section 5.0.
4.3.2 The Owners and Operators shall formulate a NAPL Conceptual Site Model (NCSM) to determine the most
efficient and environmentally protective remedial approach for addressing the release.
4.3.3 The Owners and Operators shall verbally communicate a preliminary NCSM to the Department within
forty-eight (48) hours of the discovery of a release of NAPL. The preliminary NCSM shall address as many
of the criteria listed in PART E, subsection 4.3.4 as possible.
4.3.4 The NCSM shall at a minimum address the following factors with regard to the NAPL Release:
4.3.4.1 The feasibility and necessity of an immediate response; and
4.3.4.2 Direct and potential impacts to human health and the environment; and
4.3.4.3 The type and estimated volume of the NAPL released; and
4.3.4.4 The evidence, or occurrence, of the NAPL release (mobile NAPL, free NAPL in a well, residual
NAPL discovered during an investigation); and
4.3.4.5 The potential recoverability of all NAPL phases; and
4.3.4.6 The geometry of the NAPL body; and
4.3.4.7 The estimated age and duration of the NAPL release; and
4.3.4.8 The characteristics of the subsurface soils;
4.3.4.9 The chemical and physical properties of the NAPL; and
4.3.4.10 Groundwater classification for the area such as wellhead protection areas, excellent recharge
areas, or source water protection areas.
4.3.5 Owners and Operators shall base all short and long term remedial action decisions upon the information in
the NCSM, which shall be updated, in writing, at a minimum of once every three (3) calendar months, or on
a schedule approved by the Department.
4.3.6 NAPL removal shall be conducted in a manner that minimizes the spread of contamination, including
dissolved and vapor phases, into previously uncontaminated areas by using recovery and disposal
techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges or
disposes of recovery by-products in accordance with all applicable local, state and federal requirements.
4.3.7 If NAPL recovery is not practicable, and does not support site remedial action objectives as determined by
the Department, Owners and Operators may submit a written request for Department approval to
discontinue NAPL recovery. The request shall at a minimum include the following:
4.3.7.1 Technical feasibility of other proven groundwater and soil treatment techniques to further reduce
NAPL at the site; and
4.3.7.2 Costs, time frames, and resources involved to further reduce NAPL levels employing the current
and alternative method(s) proposed; and
4.3.7.3 A demonstration that the remaining NAPL body is not contributing to any unstable daughter
plumes such as a dissolved plume and vapor migration; and
4.3.7.4 A demonstration that remaining NAPL does not pose any risk to human health, safety, and the
environment; and
4.3.7.5 An assessment of the persistence and fate of the NAPL in the subsurface; and
4.3.7.6 A description of the individual site characteristics, including natural rehabilitative processes; and
4.3.7.7 Statements regarding current versus future land use of the site.
4.3.8 The Department may require Owners and Operators to follow any applicable guidance or industry
referenced standards in order to create a sound NCSM, from which optimal remedial action decisions can
be made.
20 DE Reg. 815 (04/01/17)
5.0 Hydrogeologic Investigation Requirements

5.1 General Requirements for Hydrogeologic Investigation
5.1.1 After a release is confirmed, the Owner and Operator shall conduct a hydrogeologic investigation as the
first step in the corrective action process unless directed to do otherwise by the Department.
5.1.2 The investigation shall at a minimum include the following:
5.1.2.1 Determine the nature of the release, including the chemical compounds present, their
concentrations, quantity released and their physical and chemical characteristics related to
potential human health and environmental impacts and cleanup procedures; and
5.1.2.2 Determine the extent of the release, both horizontal and vertical, including whether the
contaminant is distributed homogeneously or heterogeneously; and
5.1.2.3 Determine the physical characteristics of the site, including characteristics affecting the
occurrence, distribution, and movement of the released contaminant and characteristics affecting
access to the site, both horizontal and vertical, which may influence the feasibility of various
investigatory and remediation procedures; and
5.1.2.4 Evaluate, in accordance with the Delaware Risk-Based Corrective Action Program (DERBCAP) or
other Department approved procedure, the potential risks posed by the release including
identification of environmentally sensitive receptors, and estimate the impacts to human health
and the environment that may occur as a result of the release.
5.1.3 The results of the hydrogeologic investigation shall be organized in report form and be signed by a
professional geologist or professional engineer registered in the State of Delaware as required in 24 Del.C.
Ch. 36 and the Delaware Board of Registration of Geologists Regulations and 24 Del.C. Ch. 28.
5.1.4 The Department shall receive the results of the hydrogeologic investigation no later than one hundred and
twenty (120) days after the release was reported and confirmed. Upon receiving the hydrogeologic
investigation report, the Department shall review the report and either accept the conclusions and
recommendations of the report, require additional information to be submitted, or require that the Owner
and Operator submit a remedial action work plan as required by PART E, Section 7.0.
5.1.5 At any point after reviewing the information contained in the hydrogeologic investigation report, the
Department may require the Owner and Operator to submit additional information or to develop and submit
a remedial action work plan to address contaminated soils, surface water or groundwater.
5.1.6 Additional investigation information or remedial action work plans requested by the Department shall be
submitted within ninety (90) days or other Department approved schedule.
5.1.7 Owners and Operators may submit investigation reports for a site separately or as part of a proposed long
term remedial action work plan in accordance with the requirements of PART E, Section 7.0.
5.2 Quality Assurance and Quality Control Requirements
5.2.1 Owners and Operators shall develop and implement a site specific Quality Assurance/Quality Control (QA/
QC) plan for the activities to be carried out during the hydrogeologic investigation. The QA/QC plan shall
be submitted to the Department upon the request of the Department.
5.3 Site Safety Requirements
5.3.1 Owners and Operators shall develop and implement a site specific health and safety plan that covers all
hydrogeologic investigation tasks. The health and safety plan shall address the site worker protection
levels, protection of persons living near the site and site access control during the investigation. The health
and safety plan shall be submitted to the Department upon the request of the Department.
20 DE Reg. 815 (04/01/17)
6.0 Administrative Option for Remedial Action

6.1 Requirements for Administrative Option for Remedial Action
6.1.1 The Department may waive the requirement of a hydrogeologic investigation when the Owner and
Operator has taken the appropriate initial response steps to eliminate imminent dangers and to prevent
any further release and the Owner and Operator chooses to submit a remedial action work plan (RAWP) to
remediate contaminated soil, ground water and/or surface water.
6.1.2 If the Department determines that the implementation of remedial actions are not achieving adequate
protection of human health and the environment, the Department may require additional responses to be
taken.
6.1.3 The Owner and Operator may, in the interest of minimizing environmental contamination and promoting
more effective corrective action, begin remediation of soil and ground water before the remedial action
work plan (RAWP) is approved provided that they:
6.1.3.1 Notify the Department of their intention to begin remediation; and,
6.1.3.2 Comply with any conditions imposed by the Department, including halting remediation or
mitigating adverse consequences from cleanup activities; and,
6.1.3.3 Incorporate these self-initiated remediation measures in the remedial action work plan that is
submitted to the Department for approval pursuant to PART E, Section 7.0; and,
6.1.3.4 Recognize that any actions taken by the Owner and Operator without prior Department approval is
at the risk of the Owner and Operator and does not absolve the Owner and Operator of the
obligation to comply with the remedial action requirements of PART E, Section 7.0.
20 DE Reg. 815 (04/01/17)
7.0 Remedial Action Work Plan Requirements

7.1 General Remedial Action Requirements
7.1.1 At any point after reviewing the information contained in the hydrogeologic investigation report, the
Department may require the Owner and Operator to submit additional information or to develop and submit
a RAWP for responding to contaminated soils, surface water and groundwater.
7.1.2 The RAWP shall address the contamination of soils, groundwater and surface water, including all
occurrences of NAPL resulting from a release, and shall be submitted to the Department in a timeframe
specified by the Department. The RAWP shall provide for adequate protection of human health, safety and
the environment, and shall establish cleanup goals for the site.
7.1.3 The Owner and Operator shall modify any RAWP that does not provide for adequate protection of human
health, welfare, safety and the environment, as necessary to meet the requirements of PART E, Section
8.0.
7.1.4 The RAWP shall include sufficient design information that demonstrates that the remedial technology shall
meet the cleanup goals approved by the Department and shall include an estimated time to cleanup
completion for the remediation method proposed in the RAWP.
7.1.5 A RAWP shall propose a remedial action method for the site that shall:
7.1.5.1 Reduce the contaminant levels at the site to meet the cleanup goals proposed in the remedial
action work plan and approved by the Department; or
7.1.5.2 Reduce the contaminant levels to achieve the cleanup goals established by the Department; or
7.1.5.3 Monitor the site over time to provide technically based assurance that the site contamination is
controlled under natural conditions and that those conditions will not now, or at some future time,
adversely impact human health, safety or the environment.
7.1.6 The Department shall approve the RAWP when satisfied that implementation of the RAWP provides for
measures considered adequate to protect human health, safety, and the environment.
7.1.7 The RAWP shall be organized in report form and signed by a professional geologist or professional
engineer registered in the State of Delaware as required in 24 Del.C. Ch. 36 and the Delaware Board of
Registration of Geologists Regulations and 24 Del.C. Ch. 28.
7.1.8 The RAWP shall be of site specific design and shall be based on the results of the hydrogeologic
investigation, or contain appropriate investigatory steps if submitted without a prior hydrogeologic
investigation having been completed.
7.1.9 The RAWP may propose a phased approach to site remediation. If data can justify site closure, Owner and
Operator may request site closure in accordance with the requirements of PART E, Section 8.0. Remedial
action will be considered complete only upon the Department's evaluation and approval of a satisfactory
closure request.
7.1.10 The RAWP shall include a summary of past efforts and a description of any new or continued efforts to
effectively remove NAPL as described in PART E, Section 4.0.
7.2 Quality Assurance and Quality Control Requirements
7.2.1 Owners and Operators shall develop and implement a site specific Quality Assurance/Quality Control (QA/
QC) plan for the activities to be carried out during implementation of the RAWP and the QA/QC plan shall
be included in the RAWP submitted to the Department.
7.3 Site Safety Requirements
7.3.1 Owners and Operators shall develop a site-specific health and safety plan which shall be included in the
RAWP and shall cover all remedial action tasks. The health and safety plan shall, at a minimum, address
site worker protection levels, protection of persons living near the site, and site access control during the
remediation.
7.4 Implementation and Reporting Schedule
7.4.1Upon approval of the RAWP by the Department, the Owners and Operators shall implement the RAWP,
including any modifications to the RAWP made by the Department, within the timeframe approved by the
Department.
7.4.2 Owners and Operators shall monitor, evaluate and report to the Department the results of implementing
the remedial action at a minimum of once every three (3) calendar months, or within the time schedule
approved in the RAWP. Copies of all records documenting the transport and disposal of any free product,
contaminated water and soil, or other waste that is generated at the site while investigation and remedial
action work is being performed shall be included in each report.
7.4.3 Owners and Operators shall submit a remedial action progress report to the Department once every twelve
(12) calendar months that includes an evaluation of the effectiveness of the remedial action to determine
whether additional measures must be implemented to meet the cleanup goals established in the RAWP.
The evaluation shall include an estimate of time to remedial action completion.
7.4.4 Owners and Operators shall submit recommendations for optimization and improvement as needed to
achieve the cleanup goals established in the RAWP, as part of each remedial action progress report.
7.5 Post Remedial Monitoring
7.5.1 Upon completion of remedial action activities the Owners and Operators shall perform four (4) consecutive
quarters of groundwater sampling or other sampling schedule as approved by the Department to ensure
the contaminant plume is stable and shrinking and that rebounding does not occur.
20 DE Reg. 815 (04/01/17)
8.0 No Further Action

8.1 Request for No Further Action Determination
8.1.1 After all RAWP goals have been achieved, the Owner and Operator shall submit a written request to the
Department for site closure. Closure documentation shall include but is not limited to the following:
8.1.1.1 A demonstration that the site does not threaten human health, safety and the environment based
on current land use of the site and surrounding area; and
8.1.1.2 NAPL does not exist or has been addressed in accordance with PART E, subsection 4.3; and
8.1.1.3 Contaminant levels have been reduced to levels at or below the cleanup goals approved by the
Department.
8.1.2 Owners and Operators shall submit all documents, permits, certificates, approvals, etc. relating to the
transportation of impacted environmental media and materials from the site including ASTs, soils,
regulated substances, and water that has not been previously submitted to the Department.
Documentation shall include tipping fees, waste receipts, bills of lading or any other documentation
verifying that all waste has been properly disposed.
8.2 Department Response to a Request for No Further Action
8.2.1 The Department shall issue a letter requiring no further action (NFA) and documenting that site cleanup
objectives have been met. The closure approval does not absolve the Owner and Operator from previously
incurred or potential future liability.
8.2.2 The NFA letter applies to site conditions at the time that the closure request was made. If the risk posed by
the site changes in the future, due to land use changes at the site or surrounding area or due to other
reasons, the Owner and Operator shall perform additional remedial action as necessary to eliminate the
risk to human health, safety and the environment.
8.2.3 Any person disturbing any residual contamination at the site by digging, boring, excavating, dewatering, or
other means, shall submit a contaminated material management plan to the Department for approval prior
to work commencing.
7 DE Reg. 1765 (06/01/04)
8 DE Reg. 1167 (02/01/05)
17 DE Reg. 750 (01/01/14)
20 DE Reg. 815 (04/01/17)

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TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL 1

1352 Aboveground Storage Tanks

PART A GENERAL REQUIREMENTS FOR ASTS

1.0 General Provisions

3.0 Reference Standards

4.0 Tank Registration and Fees

Tank Size Substance Stored Annual Fee

Greater than or equal to 12,499 gallons Regulated substance other $300.00

5.0 Alternative Procedures Approval Requirements

6.0 Information Access

7.0 Release Preparedness Plan and Release Intervention

8.0 Submittal Of Confidential Information

9.0 Signage Requirements

1.0 New ASTs and AST Relocations

Construction Permit Fee Schedule

Tank Size Substance Stored Construction Fee

6.0 Design, Construction, and Repair Requirements for Underground Piping

9.0 Leak Detection Requirements for New ASTs

10.0 Relocation, Repairs and Modifications Requirements for ASTs

11.0 Upgrade Requirements for Existing ASTs

13.0 Out of Service Requirements

16.0 Permanent Closure in Place

17.0 Permanent Change in Contents Requirements

1.0 Inventory Control Requirements

2.0 Inspection Requirements for Secondary Containment

3.0 Testing Requirements for Overfill Protection and Gauges

4.0 Inspection, Monitoring and Testing Requirements for Underground Piping

6.0 Inspection Requirements for Metallic Field-constructed ASTS

7.0 Inspection Requirements for Metallic Shop-Fabricated ASTs

8.0 Inspection Requirements for Non-Metallic Field-Constructed and Shop-Fabricated ASTs

9.0 Inspection and Monitoring Requirements for Leak Detection

PART D FINANCIAL RESPONSIBILITY REQUIREMENTS FOR ASTs

1.0 General Requirements for Financial Responsibility

2.0 Compliance Dates and Documentation of Compliance

3.0 Amount and Scope of Required Financial Responsibility

7.0 Insurance and Risk Retention Group Coverage

8.0 Surety Bond

9.0 Letter of Credit

10.0 Trust Fund

11.0 Local Government Bond Rating Test

12.0 Local Government Financial Test

13.0 Local Government Guarantee

14.0 Local Government Fund

15.0 Standby Trust Fund

16.0 Substitution of Financial Responsibility Mechanisms by Owner or Operator

17.0 Cancellation or Non-Renewal, Bankruptcy or Other Incapacity of Owner or Operator or Provider of

18.0 Drawing on Financial Responsibility Mechanisms

19.0 Release from the Requirements of Financial Responsibility

20.0 Replenishments of Required Financial Responsibility

Section 21. Form A - AST Financial Test of Self-Insurance

Letter from Chief Financial Officer

Facility Name: ______________________________________________________________

Facility Street: ______________________________________________________________

Facility City: _____________________________________ Facility Zip Code: ____________

Closure …………………… ........................................________

2. Amount of other liability coverage covered by a financial test, and/or guarantee:

3. Sum of lines 1 and 2:................................................................................................................................$___________

4. Total tangible assets:................................................................................................................................$___________

Facility City: _________________________ Facility Zip Code:

Facility City: _________________________ Facility Zip Code:

Facility City: _________________________ Facility Zip Code:

Facility City: _________________________ Facility Zip Code: