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


Effective on Thursday, October 17, 2019
  • 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; and,

    1196. Register the storage tank system out-of-service in accordance with Rule 13062-762.401, 131F.A.C.

    132(c) 133The following inspections and testing requirements are not required while the storage tank system is properly out-of-service:

    1501. Monthly visual inspections in accordance with 157paragraph 15862-762.601(1)(e), 159F.A.C.,

    1602. Semiannual 162inspections of piping and dispenser sumps that use electronic release detection methods in accordance with paragraph 17862-762.601(1)(e), 179F.A.C.,

    1803. M182onthly inspection of electronic release detection devices in accordance with paragraph 19362-762.601(1)(g), 194F.A.C.; and,

    1964. 197Release detection device annual operability testing, containment and 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 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:

    266a. STI SP001, 269January 2018, incorporated by reference in subsection 27662-762.411(3), 277F.A.C., 278regardless of the date of installation of the storage tank system; and,

    290b. Integrity tested in accordance with rule 29762-762.701, 298F.A.C., for integral 301piping in contact with the soil.

    307(d) 308Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 32062-762.701, 321F.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 35262-762.801(2)(b), 353F.A.C.

    354(e) Storage tank systems without secondary containment, 361not requiring repairs pursuant to Rule 36762-762.701, 368F.A.C., 369shall not remain in a continuous out-of-service status for more than five years. 382Upon 383expiration of this time period, the storage tank system must be closed in accordance with paragraph 39962-762.801(2)(b), 400F.A.C.

    401(2) Closure of storage tank systems.

    407(a) 408The following storage tank systems must be closed within 90 days in accordance with the provisions of this subsection:

    4271. 428A storage tank system that is out-of-service, and has not had regulated substances added to or withdrawn from the system for more than:

    451a. Five 453years for single-walled storage tank systems, or

    460b. 46110 years for storage tank systems with secondary containment.

    4702. 471Upon discovery, a 474storage tank system that fails to meet or, if required, is not modified to meet the storage tank system requirements of rule 49662-762.501, 497F.A.C.

    4983. 499A storage tank system that requires repair pursuant to rule 50962-762.701, 510F.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.

    5504. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to rule 56662-762.421, 567F.A.C., 568within 90 days of termination of the financial mechanism.

    577(b) 578Closure of storage tank systems shall be performed by:

    5871. 588Conducting a Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 66042-762.201(8), F.A.C., and completing the Closure Integrity Evaluation Report Form for ASTs 61662-762.901(7) 617(Closure Integrity Report), incorporated by reference in paragraph 62562-762.411(2)(c), 626F.A.C. The form shall be submitted in paper or electronic format to the appropriate county,

    6412. 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,

    6693. Removing or disconnecting and capping all integral piping,

    6784. 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, 7362018 Edition, incorporated by reference in paragraph 74362-762.201(36)(a), 744F.A.C745. 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,

    7835. For single-walled storage tanks and single-walled integral piping in contact with the soil, 797regardless of the date of installation of the storage tank system or storage tank system component, 813an investigation shall be conducted during closure in accordance with 823Instructions for Conducting Sampling During Aboveground Storage Tank Closure, 832July 2019 Edition, or 836http://www.flrules.org/Gateway/reference.asp?No=Ref-11122, 838or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, 844hereby adopted and incorporated by reference, and available at the address given in paragraph 85862-762.211(2)(e), 859F.A.C.; 860and,

    8616. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes.

    8797. For single-walled storage tanks and single-walled integral piping that are not in contact with the soil, a visual inspection must be performed.

    9028. Once a storage tank system has been properly closed pursuant to subsections 91562-762.801(2) 916and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 93162-762.901(8), 932incorporated by reference in subsection 93762-762.421(2), 938F.A.C939., 940has 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 97362-762.401(2), 974F.A.C.

    975(3) 976Closure Integrity Report, Closure Report, and Limited Closure Report985.

    986(a) 987Closure Integrity Report990.

    9911. 992A Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 100662-762.201(8), 1007F.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 Evaluation1060.

    10612. 1062A 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 RP1200-17, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations1156.

    11573. 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.

    11894. Storage tank systems and system components not in contact with the soil do not require a Closure Integrity Evaluation.

    12095. The county must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to paragraph 123262-762.411(2)(c), 1233F.A.C.

    12346. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with paragraph 125462-762.431(1)(f), 1255F.A.C., and the investigation of the incident in accordance with Rule 126662-762.431, 1267F.A.C. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with 1290Instructions for Conducting Sampling During 1295Aboveground Storage Tank 1298Closure, 1299July 2019 1301Edition, 1302regardless of the date of installation of the storage tank system or system component being closed.

    13187. The owner or operator who does not, or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 133962-762.801(3)(a), 1340F.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 1381Instructions for Conducting Sampling During 1386Aboveground Storage Tank 1389Closure, 1390July 2019 Edition.

    1393(b) 1394Closure Report. In cases where an investigation is conducted at the time of closure in accordance with 1411Instructions for Conducting Sampling During 1416Aboveground Storage Tank 1419Closure, 1420July 2019 Edition, 1423a 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 1460Instructions for Conducting Sampling During 1465Aboveground Storage Tank 1468Closure, 1469July 2019 Edition1472.

    1473(c) Limited Closure Report. Form 147862-762.901(8), 1479Limited Closure Report Form for ASTs shall be submitted in writing or electronic format to the county within 60 days of completion of the clo1504sure or replacemen1507t 1508in cases where:

    15111. A Closure Integrity Evaluation passed,

    15172. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, or

    15393. 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.

    1570Rulemaking Authority 1572376.303 FS. 1574Law Implemented 1576376.303, 1577376.30716 FS. 1579History–New 6-21-04, Amended 1-11-17, 10-17-19.