(a) The secretary shall develop a regulatory program for new and existing regulated aboveground storage tanks and secondary containment that takes into account the size, location and contents of the tanks and sets out tiered requirements for regulated tanks. Level 1 tanks shall be regulated to a higher standard of tank and secondary containment integrity based upon their proximity to a public surface water supply source or public surface water influenced groundwater supply source.
(b) The rules promulgated by the secretary for regulated tanks and secondary containment shall, at a minimum, include the following:
(1) Criteria for the design, construction and maintenance of aboveground storage tanks;