Reference Standards, Applicability, Performance Standards for Category C Storage Tank Systems, Release Detection Standards, Out-of-Service and Closure Requirements, Alternative Requirements and Equipment Approvals
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-761.210Reference Standards
62-761.300Applicability
62-761.500Performance Standards for Category C Storage Tank Systems
62-761.600Release Detection Standards
62-761.800Out-of-Service and Closure Requirements
62-761.850Alternative Requirements and Equipment Approvals
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 145, July 27, 2016 issue of the Florida Administrative Register.
62-761.210Reference Guidelines
(1) No change.
(2) Titles of documents. References to the following documents listed in paragraphs 62-761.210(2)(a) through (n), F.A.C., are made throughout this Chapter. Each document or part thereof is adopted and incorporated by reference only to the extent that it is specifically referenced in this Chapter. To the extent that the provisions contained in the following reference guidelines conflict with this Chapter, the Department’s requirements as stated in this Chapter shall control.
(a) through (l) No change.
(m) Underwriters’ Laboratories Standards (UL). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher’s website at www.ul.com/:
1. No change.
2. Non-metallic Underground Piping for Flammable Liquids, UL 971, March 2006 June 2008, 2nd Edition. Secondary references to this guideline can be found here: www.flrules.org/Gateway/reference.asp?No=Ref-00###, or the Department address listed in subsection 62-761.210(1), F.A.C.;
3. through 5.No change.
(n) United States Government Printing Office, Federal Digital System, Code of Federal Regulations, Electronic Code of Federal Regulations. Copies of the following documents are available at U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, D.C. 20401-0001, (202) 512-1800, or from the publisher’s website at http://www.ecfr.gov/cgi-bin/ECFR?SID=dbbcbc9f2acd236910a67035e0e599bd&page=browse:
1. No change.
2. Designation of Hazardous Substances Designation, Reportable Quantities, and Notification 40 CFR Section Part 302.4, August 1989July 2002, published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, NW, Washington, D.C. 20401-0001, or www.flrules.org/Gateway/reference.asp?No=Ref-00###, or http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr302_main_02.tpl.
(3) No change.
62-761.300 Applicability.
(1) No change.
(2) Exemptions: The following are exempt from the requirements of this Chapter:
(a) through (h) No change.
(i) Any storage tank system that:
1. Contains a regulated substance at a concentration of less than two percent for pollutants and below the reportable quantities for hazardous substances under Designation of Hazardous Substances Designation, Reportable Quantities, and Notification 40 CFR Section Part 302.4, August 1989July 2002, hereby adopted and incorporated by reference, and available from publisher at the Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, NW, Washington, D.C. 20401-0001, or www.flrules.org/Gateway/reference.asp?No=Ref-00###, or http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr302_main_02.tpl, or the Department address located in subsection 62-761.210(1), F.A.C.; and
2. No change.
(j) through (v) No change.
62-761.430 Incidents.
(1) through (7) No change.
(8) All incidents, as identified in subsection 62-761.430(1), F.A.C., regardless of whether an INF is required to be submitted, shall be documented and records kept until storage tank system closure in accordance with Rule 62-761.710, F.A.C. Test results or reports, which support the investigation findings, shall be maintained as records.
62-761.500 Storage Tank System Requirements.
(1) through (2) No change.
(3) Integral piping
(a) through (c) No change.
(d) Construction requirements.
1. Fiberglass reinforced plastic integral piping or other non-metallic double-walled integral piping installed in contact with the soil at a facility shall meet the requirements of Non-metallic Underground Piping for Flammable Liquids, UL 971, March 2006 June 2008, 2nd Edition, or shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2), F.A.C. UL 971, March 2006 June 2008, is hereby adopted and incorporated by reference, and is available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847) 272-8800, or from the publisher’s website at www.ul.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.
2. through 5.No change.
(e) through (i) No change.
(4) through (7) No change.
62-761.600Release Detection Requirements.
(1) No change.
(2) Storage Tanks.
(a) One or more of the following release detection methods shall be used:
1. through 6.No change.
7. Visual monitoring of normally dry interstices. This method shall be able to detect the presence of liquid at a low point of the interstice. Any presence of groundwater or surface water, other than condensate, or regulated substances in the interstice 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 62-761.430, F.A.C.
8. No change.
(3) through (5) No change.
62-761.800 Out-of-Service and Closure Requirements.
(1) No change.
(2) Closure of storage tank systems.
(a) The following storage tank systems must be closed in accordance with the provisions of this subsection:
1. A storage tank system that fails to meet or, if required, is not modified to meet the Storage Tank System Requirements of Rule 62-761.500, F.A.C., within 90 days of discovery.
2. No change.
3. A storage tank system where financial responsibility is not maintained and demonstrated pursuant to Rule 62-761.420, F.A.C., within 90 days of termination of the financial mechanism.
(b) No change.
(3) Closure Integrity Report, Closure Report, and Limited Closure Report Requirements.
(a) through (b) No change.
(c) Limited Closure Report. In cases where a Closure Integrity Evaluation passed or where a failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, Form 62-761.900(8), Limited Closure Report Form for USTs, incorporated by reference in subsection paragraph 62-761.420(2) 62-761.405(2)(c), F.A.C., shall be submitted 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.
62-761.850 Alternative Procedures, Equipment Registration and Registration of Operator Training Providers.
(1) No change.
(2) Registration of storage tank system equipment and release detection systems and methods.
(a) No change.
(b) Any storage tank system equipment installed after (effective date of the rule) must be registered with the Department in accordance with this subsection. Upon discovery, non-registered storage tank system equipment installed after (effective date of the rule) must be removed within 90 days, unless registration is applied for or obtained and listed within the 90 day time period.
(c) through (j) No change.
(3) No change.
