62-762.801. Out-of-Service and Closure Requirements for Shop Fabricated Storage Tank Systems  


Effective on Monday, June 26, 2023
  • 1(1) Out-of-service storage tank systems.

    6(a) Storage tank systems that are taken out-of-service, as 15required in this subsection 19shall 20continue 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 55subsection 5662-762.70157(258), F.A.C.,

    602. Continue to maintain and demonstrate financial responsibility pursuant to Rule 7162-762.421, 72F.A.C.,

    733. Leave vent lines open and functioning,

    804. 81Remove all regulated substances so that no more than one inch in depth or 0.3 percent by weight of the regulated substances remains in the storage tank,

    1085. Secure or close off the system to outside access,

    1186. Register the storage tank system out-of-service in accordance with Rule 12962-762.401, 130F.A.C.; and,

    1327. Perform a visual inspection annually, 138not to exceed 12 months, 143of every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances, that can be visually inspected. Each annual visual inspection of the storage tank system shall be documented as to its condition pursuant to Rule 19062-762.711, 191F.A.C., and will be deemed timely if performed within the same calendar month in which the test is due. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 25862-762.431, 259F.A.C. If it is determined that a release has occurred while the system is out-of-service; and,  

    275a. The incident investigation reveals a release has led to a discharge while the storage tank system is out-of-service and storing regulated substances at no more than one inch in depth or 0.3 percent by weight of total system capacity, then the response to the discharge shall be in accordance with paragraphs 32762-762.441(6)(a), 328(b), (e), (f), and (g), F.A.C. Repairs shall be made within 365 days of the discharge discovery in accordance with paragraphs 34962-762.701(1)(a), 350(c), (d), (e), and (f), F.A.C. 356If the system cannot be repaired within 365 days after the discovery of the discharge, it shall be permanently closed pursuant to subsection 37962-762.801(2), 380F.A.C.

    381b. The incident investigation reveals a release has not led to a discharge while the storage tank system is out-of-service, then repairs shall be made in accordance with paragraphs 41062-762.701(1)(a), 411(c), (d), (e), and (f), F.A.C., prior to bringing the storage tank system back into service.

    427(c) 428The following inspections and testing requirements are not required while the storage tank system is properly out-of-service:

    4451. Monthly visual inspections in accordance with 452paragraph 45362-762.601(1)(e), 454F.A.C.,

    4552. Semiannual 457inspections of piping and dispenser sumps that use electronic release detection methods in accordance with paragraph 47362-762.601(1)(e), 474F.A.C.,

    4753. M477onthly inspection of electronic release detection devices in accordance with paragraph 48862-762.601(1)(g), 489F.A.C.; and,

    4914. 492Release detection device annual operability testing, containment and integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be current in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system. In addition, storage tank systems that have been out-of-service for more than 365 days must be evaluated in accordance with the following prior to being returned to service:

    561a. STI SP001, 564January 2018, incorporated by reference in subsection 57162-762.411(3), 572F.A.C., 573regardless of the date of installation of the storage tank system; and,

    585b. Integrity tested in accordance with Rule 59262-762.701, 593F.A.C., for integral 596piping in contact with the soil.

    602(d) 603Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 61562-762.701, 616F.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 paragraph 64762-762.801(2)(b), 648F.A.C.

    649(e) Storage tank systems without secondary containment, 656not requiring repairs pursuant to Rule 66262-762.701, 663F.A.C., 664shall not remain in a continuous out-of-service status for more than five years. 677Upon 678expiration of this time period, the storage tank system must be closed in accordance with paragraph 69462-762.801(2)(b), 695F.A.C.

    696(2) Closure of storage tank systems.

    702(a) 703The following storage tank systems must be closed within 90 days in accordance with the provisions of this subsection:

    7221. 723A storage tank system that is out-of-service, and has not had regulated substances added to or withdrawn from the system for more than:

    746a. Five 748years for single-walled storage tank systems, or

    755b. 75610 years for storage tank systems with secondary containment.

    7652. 766Upon discovery, a 769storage tank system that fails to meet or, if required, is not modified to meet the storage tank system requirements of Rule 79162-762.501, 792F.A.C.

    7933. 794A storage tank system that requires repair pursuant to Rule 80462-762.701, 805F.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.

    8454. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to Rule 86162-762.421, 862F.A.C., 863within 90 days of termination of the financial mechanism.

    872(b) 873Closure of storage tank systems shall be performed by:

    8821. 883Conducting a Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 68992-762.201(8), F.A.C., and completing the Closure Integrity Evaluation Report Form for ASTs 91162-762.901(7) 912(Closure Integrity Report), incorporated by reference in paragraph 92062-762.411(2)(c), 921F.A.C. The form shall be submitted in paper or electronic format to the appropriate county,

    9362. Removing all liquids and accumulated sludges. The removal and disposal of all liquids and accumulated sludges may be required according to other federal, state, and local requirements,

    9643. Removing or disconnecting and capping all integral piping,

    9734. Removing and disposing of a storage tank, or in-place closure by rendering the storage tank free of regulated substances and vapors at the time of closure to prevent hazardous explosive conditions, by maintaining the storage tank to prevent future explosive conditions, and by protecting the storage tank from flotation in accordance with Chapter 22 of NFPA 30, 10312021 Edition, incorporated by reference in paragraph 103862-762.201(36)(a), 1039F.A.C1040. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities,

    10785. For single-walled storage tanks and single-walled integral piping in contact with the soil, 1092regardless of the date of installation of the storage tank system or storage tank system component, 1108an investigation shall be conducted during closure in accordance with 1118Instructions for Conducting Sampling During Aboveground Storage Tank Closure, 1127July 2019 Edition, or 1131http://www.flrules.org/Gateway/reference.asp?No=Ref-11122, 1133or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, 1139hereby adopted and incorporated by reference, and available at the address given in paragraph 115362-762.211(2)(e), 1154F.A.C.; 1155and,

    11566. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes.

    11747. For single-walled storage tanks and single-walled integral piping that are not in contact with the soil, a visual inspection must be performed.

    11978. Once a storage tank system has been properly closed pursuant to subsections 121062-762.801(2) 1211and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 122662-762.901(8), 1227incorporated by reference in subsection 123262-762.421(2), 1233F.A.C1234., 1235has been submitted to and approved by the county or the Department, the facility owner shall update the facility’s registration status within 10 days to indicate the storage tank system as closed in accordance with subsection 127162-762.401(2), 1272F.A.C.

    1273(3) 1274Closure Integrity Report, Closure Report, and Limited Closure Report1283.

    1284(a) 1285Closure Integrity Report1288.

    12891. Storage tank systems and system components not in contact with the soil do not require a Closure Integrity Evaluation.

    13092. 1310A Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 132462-762.201(8), 1325F.A.C., must be performed no more than 45 days prior to closure or replacement 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 must be completed to document the findings of the Closure Integrity Evaluation1378.

    13793. 1380A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled storage tanks, double-walled integral piping, double-walled piping sumps, double-walled dispenser sumps, and double-walled 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 RP1200-19, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations1474.

    14754. A Closure Integrity Evaluation for single-walled piping sumps, single-walled dispenser sumps, and single-walled spill containment systems that are completely below-grade requires a hydrostatic test or another test approved by the manufacturer.

    15075. The county must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to paragraph 153062-762.411(2)(c), 1531F.A.C.

    15326. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with paragraph 155262-762.431(1)(f), 1553F.A.C., and the investigation of the incident in accordance with Rule 156462-762.431, 1565F.A.C. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with 1588Instructions for Conducting Sampling During 1593Aboveground Storage Tank 1596Closure, 1597July 2019 1599Edition, 1600regardless of the date of installation of the storage tank system or system component being closed.

    16167. The owner or operator who does not, or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 163762-762.801(3)(a), 1638F.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 component, shall conduct an investigation at the time of closure in accordance with 1679Instructions for Conducting Sampling During 1684Aboveground Storage Tank 1687Closure, 1688July 2019 Edition.

    1691(b) 1692Closure Report. In cases where an investigation is conducted at the time of closure in accordance with 1709Instructions for Conducting Sampling During 1714Aboveground Storage Tank 1717Closure, 1718July 2019 Edition, 1721a 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 or replacement. The Closure Report shall be prepared in accordance with 1758Instructions for Conducting Sampling During 1763Aboveground Storage Tank 1766Closure, 1767July 2019 Edition1770.

    1771(c) Limited Closure Report. Form 177662-762.901(8), 1777Limited Closure Report Form for ASTs shall be submitted in writing or electronic format to the county within 60 days of completion of the clo1802sure or replacemen1805t 1806in cases where:

    18091. A Closure Integrity Evaluation passed,

    18152. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, or

    18373. A Closure Integrity Evaluation or Closure Report were not required because the closure only involved a storage tank system or system components that were not in contact with the soil.

    1868Rulemaking Authority 1870376.303 FS. 1872Law Implemented 1874376.303, 1875376.30716 FS. 1877History–New 6-21-04, Amended 1-11-17, 10-17-19, 6-26-23.