62-761.800. Out-of-Service and Closure Requirements  


Effective on Sunday, October 13, 2019
  • 1(1) Out-of-service storage tank systems.

    6(a) Storage tank systems that are taken out-of-service, as required in this subsection, shall continue to be maintained in accordance with this chapter unless otherwise noted herein.

    33(b) Facility owners and operators of out-of-service storage tank systems shall:

    441. Continue to operate and maintain corrosion protection in accordance with subsection 5662-761.700(2), 57F.A.C.,

    582. Continue to maintain and demonstrate financial responsibility pursuant to rule 6962-761.420, 70F.A.C.,

    713. Leave vent lines open and functioning,

    784. 79Remove all regulated substances so that no more than one inch in depth or 0.3 percent by weight of regulated substances remains in the storage tank,

    1055. Secure or close off the system to outside access; and,

    1166. Register the storage tank system out-of-service in accordance with Rule 12762-761.400, 128F.A.C.

    129(c) Facility owners and operators of out-of-service storage tank systems shall monitor the interstice and the liquid level in the storage tank annually but not to exceed 12 months, unless the tank system contains no regulated substances. Records of these inspections shall be maintained in accordance with subsection 17762-761.710(2), 178F.A.C. In the event that liquid in excess of one inch, or 0.3 percent by weight, in the storage tank or any liquid, other than condensate, in the interstice is discovered, facility owners and operators must follow the procedures for incidents pursuant to rule 22262-761.430, 223F.A.C.

    224(d) The following inspections and testing requirements are not required while the storage tank system is properly out-of-service:

    2421. Monthly visual inspections in accordance with paragraph 25062-761.600(1)(e), 251F.A.C.,

    2522. Semiannual inspections of piping and dispenser sumps that use electronic release detection methods in accordance with paragraph 27062-761.600(1)(e), 271F.A.C.,

    2723. Monthly inspection of electronic release detection devices in accordance with paragraph 28462-761.600(1)(g), 285F.A.C., and

    2874. 288Release detection device annual operability testing, containment and interstitial integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be up-to-date in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system. In addition, storage tank systems 335installed after January 11, 2017, that have been out-of-service for more than 730 days shall perform interstitial integrity testing of the storage tank and 359integral piping before adding regulated substances to the storage tank system.

    370(e) 371Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 38362-761.700, 384F.A.C., shall only be designated as out-of-service for a maximum of 10 continuous years. Upon expiration of this time period, the storage tank system must be closed in accordance with subsection 41562-761.800(2)(b), 416F.A.C.

    417(2) Closure of storage tank systems.

    423(a) The following storage tank systems must be closed in accordance with the provisions of this subsection:

    4401. A storage tank system 445that fails to meet or, if required, is not modified to meet the 458Storage Tank System Requirements of Rule 46462-761.500, 465F.A.C., within 90 days of discovery.

    4712. A storage tank system that requires repair pursuant to Rule 48262-761.700, 483F.A.C., but is not repaired within 90 days to operate in accordance with the requirements of this chapter shall be taken out-of-service. If the system is not repaired within 365 days after being taken out-of-service, it shall be permanently closed.

    5233. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to rule 53962-761.420, 540F.A.C., within 90 days of termination of the financial mechanism.

    550(b) 551Closure of storage tank systems shall be performed by:

    5601. 561Conducting a Closure Integrity Evaluation as defined in subsection 57062-761.200(10), 571F.A.C., and completing the 575Closure Integrity Evaluation Report 579Form for USTs 58262-761.900(7) 583(Closure Integrity Report), incorporated by reference in paragraph 59162-761.405(2)(c), 592F.A.C593. The form shall be submitted in writing or electronic format to the appropriate county,

    6082. Removing all liquids and accumulated sludges. 615The removal and disposal of all liquids and accumulated sludges may be required according to other local, state, and federal requirements,

    6363. 637Removing by a Certified Contractor or disconnecting and capping all integral piping,

    6494. Removing and disposing of a storage tank by a Certified Contractor, or in-place closure by filling the storage tank with a solid inert material of sufficient density to prevent a structural collapse of the closed storage tank, which shall be in accordance with the following documents, hereby adopted and incorporated by reference, and available from the addresses given, regardless of the date of installation of the storage tank system: 719Closure of Underground Petroleum Storage Tanks, 725API Recommended Practice 1604, (R2010) 3rd Edition, March 1996, 734available 735at the Department address listed in subsection 74262-761.210(1), 743F.A.C., or from the publisher at API, 1220 L Street, N.W. Washington, DC 20005, (202)682-8000, or the publisher’s website at 763http://www.api.org/; and 765Temporarily Out of Service, Closure in Place, or Closure by Removal of Underground Storage Tanks, 780NFPA 30 (Annex C), 2018 Edition, available at the Department address listed in subsection 79462-761.210(1), 795F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, 809or at the publisher’s website at 815www.nfpa.org/. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances in accordance with API Recommended Practice 1604, (R2010) 3rd Edition, 846March 1996848. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities; and,

    8675. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes.

    8856. Once a storage tank system has been properly closed pursuant to subsections 89862-761.800(2) 899and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for USTs 91462-761.900(8), 915incorporated by reference in subsection 92062-761.420(2), 921F.A.C., has been submitted to and approved by the county or the Department, the facility owner shall update the facility’s registration status to indicate the storage tank system as closed in accordance with subsection 95562-761.400(2), 956F.A.C.

    957(3) 958Closure Integrity Report, Closure Report, and Limited Closure Report Requirements968.

    969(a) 970Closure Integrity Report973.

    9741. A Closure Integrity Evaluation, as defined in subsection 98362-761.200(10), 984F.A.C., must be performed no more than 45 days prior to closure, replacement, or change in service from a regulated substance to a non-regulated substance for all double-walled storage tanks, double-walled integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil. A Closure Integrity Report 1036must be completed to document the findings of the Closure Integrity Evaluation.

    10482. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled tanks, integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil to determine if there are any products or pollutants or any water other than condensate present within the interstice. For storage tank system components where the interstitial space cannot be visually inspected, other methods approved by the manufacturer, PEI RP 1200-17, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

    11393. A Closure Integrity Evaluation for single-walled piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil requires a hydrostatic test or another test approved by the manufacturer.

    11724. The county must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to subsection 119562-761.405(2), 1196F.A.C.

    11975. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with subsection 121762-761.405(3), 1218F.A.C., and the investigation of the incident in accordance with subsection 122962-761.430, 1230F.A.C. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with 1253Instructions for Conducting Sampling During Underground Storage Tank Closure, 1262July 2019 Edition, hereby adopted and incorporated by reference, and available at 1274http://www.flrules.org/Gateway/reference.asp?No=Ref-11121, 1276or the Department address given in 1282paragraph 128362-761.210(1)(e), 1284F.A.C., 1285or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, 1291regardless of the date of installation of the storage tank system or system component being closed1307.

    13086. The owner or operator who does not or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 132962-761.800(3)(a), 1330F.A.C., before the storage tank system or system component has been removed or closed in-place, regardless of the date of installation of the storage tank system or system 1358component, shall conduct an investigation at the time of closure in accordance with 1371Instructions for Conducting Sampling During Underground Storage Tank Closure, 1380July 2019 Edition.

    1383(b) Closure Report. In cases where an investigation is conducted at the time of closure in accordance with 1401Instructions for Conducting Sampling During Underground Storage Tank Closure, 1410July 2019 Edition, a Closure Report shall be submitted in writing or electronic format to the County within 60 days of completion of the system or system component closure, replacement, or change in service from a regulated substance to a non-regulated substance. The Closure Report shall be prepared in accordance with 1461Instructions for Conducting Sampling During Underground Storage Tank Closure, 1470July 2019 Edition.

    1473(c) Limited Closure Report. Form 147862-761.900(8), 1479Limited Closure Report Form for USTs shall be 1487submitted in writing or electronic format to the county within 60 days of completion of the closure, replacement, or change in service from a regulated substance to a non-regulated substance in cases where:

    15201. A Closure Integrity Evaluation passed,

    15262. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, or

    15483. A Closure Integrity Evaluation or Closure Report were not required because the closure only involved storage tank system components that were not in contact with the soil.

    1576Rulemaking Authority 1578376.303 FS. 1580Law Implemented 1582376.303, 1583376.30716 FS. 1585History–New 12-10-90, Formerly 17-761.800, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 10-13-19.