Definitions, Reference Standards, Applicability, Incidents, 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 NO.: RULE TITLE:

62-762.201: Definitions

62-762.211: Reference Standards

62-762.301: Applicability

62-762.431: Incidents

62-762.501: Performance Standards for Category-C Storage Tank Systems

62-762.601: Release Detection Standards

62-762.801: Out-of-Service and Closure Requirements

62-762.851: Alternative 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.

62-762.201Definitions.

All words and phrases defined in Sections 376.031 and 376.301, F.S., shall have the same meaning when used in this Chapter unless specifically stated otherwise in this Chapter. See Sections 376.031 and 376.301, F.S., for definitions of the following terms: “Bulk product facility,” “Compression vessel,” “Contaminant,” “Contaminated site,” “Department,” “Discharge,” “Facility,” “Flow-through process tank,” “Hazardous substances,” “Operator,” “Owner,” “Petroleum products,” “Pollutants,” “Transfer” or “transferred,” and “Vessel”. The following words and phrases used in this Chapter shall, unless the context indicates otherwise, have the following meaning:

(1) through (38) No change.

(39)“Integral piping” means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. Vapor, or other recovery lines, pipeline facilities, and vent lines, are not considered integral piping. Integral piping includes all valves, elbows, joints, flanges, pumps, and flexible connectors associated with the pipe originating at the storage tank up to the:

(a) through (d) No change.

(e) First shoreside valve after the marine transfer area for on-site piping at bulk product facilities.

On-site means on the same or geographically contiguous property as the facility regulated under this Chapter that is under the same ownership or control. The properties may be divided by a public or private right-of-way or an easement.

(40) through (77) No change.

 

62-762.211 Reference Guidelines.

(1) No change.

(2)(a) through (e) No change.

(f) Geosynthetic Institute. A copy of the following document is available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at Geosynthetic Institute, 475 Kedron Avenue, Folsom, Pennsylvania 19033-1208, [phone], or at http://www.geosynthetic-institute.org/. Test Methods, Test Properties and Testing Frequency for High Density Polyethylene (HDPE) Smooth and Textured Geomembranes, GRI Test Method GM13, Rev. 13, November 2015 Rev. 12, November 2014. Secondary references to this guideline can be found here: www.flrules.org/Gateway/reference.asp?No=Ref-00###.

(2)(g) through (l) No change.

(m) Underwriters’ Laboratories Standards (UL). Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, [phone], or at www.ul.com/:

1. No change.

2. Nonmetallic 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###; and

3. Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids, UL 2085, December 1997, 2nd Edition September 2003, 3rd Edition.

(n) U.S. Government Printing Office, Federal Digital System, Code of Federal Regulations, Electronic Code of Federal Regulations. Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, [phone], or at www.gpo.gov/:

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.

 

62-762.301Applicability.

(1) No change.

(a) No change.

(b) Owners and operators of compression vessels and hazardous substance storage tank systems with capacities of greater than 110 gallons and containing hazardous substances above reportable quantities under 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, DC 20401-0001, hereby adopted and incorporated by reference, and available at the address given, 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 at the Department address listed in subsection 62-762.211(1), F.A.C., are only required to comply with Rule 62-762.401, F.A.C. Owners and operators of storage tanks that contain hazardous substances consisting of ammonia and chlorine are required to comply with paragraph (1)(a) above.

(c) No change.

(2) Exemptions: The following systems are exempt from the requirements of this Chapter:

(a) through (h)No change.

(i) Any storage tank system that:

1. Contains regulated substances at a concentration of less than two percent for pollutants and below the reportable quantities for hazardous substances under 40 CFR Section Part 302.4, August 1989July 2002; and

2. No change.

(j) through (ee) No change.

 

62-762.401 Facility Registration.

(1) through (3) No change.

(4) Registration fees.

(a) through (f) No change.

(g) In no circumstance will the owner or operator of any facility pay an annual fee greater than $5,000.00 for all regulated substance pollutant storage tanks located at the facility.

(h) through (i) No change.

(5) No change.

 

62-762.431 Incidents.

(1) through (7) No change.

(8) All incidents, as identified in subsection 62-762.431(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 62-762.711, F.A.C. Test results or reports, which support the investigation findings, shall be maintained as records.

 

62-762.501Storage Tank System Requirements for Shop Fabricated Storage Tanks.

(1) No change.

(a) No change.

(b) Secondary containment.

1. No change.

2. Synthetic liners, unless previously approved by the Department, shall be designed and tested in accordance with Test Methods, Test Properties and Testing Frequency for High Density Polyethylene (HDPE) Smooth and Textured Geomembranes, GRI Test Method GM13, Rev. 13, November 2015 Rev. 12, November 2014, hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at Geosynthetic Institute, 475 Kedron Avenue, Folsom, Pennsylvania 19033-1208, [phone], or at http://www.geosynthetic-institute.org/, and be registered with the Department in accordance with subsection 62-762.851(2), F.A.C. Liners shall not be constructed or consist of naturally occurring in-situ soils.

3. through 11. No change.

(c) through (i) No change.

(2) Storage tank installation.

(a) No change.

(b) Storage tank construction requirements.

1. Storage tanks shall be constructed in accordance with one of the following requirements hereby adopted and incorporated by reference, and available from the Department address given in subsection 62-762.211(1):

a. through d. No change

e. Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids, UL 2085, December 1997, 2nd Edition September 2003, 3rd Edition. To obtain this reference from the publisher, see paragraph 62-762.211(2)(m), F.A.C.;

f. through h. No change.

2. No change

(c) through (j) No change.

(3) Small diameter integral piping.

(a) through (b) No change.

(c) Construction.

1. Fiberglass reinforced plastic piping, semi-rigid non-metallic, or other non-rigid piping installed in contact with the soil shall be installed in accordance with Non-metallic Underground Piping for Flammable Liquids, UL 971, March 2006 June 2008, 2nd Edition, hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, [phone], or at www.ul.com/, or certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-762.851(2), F.A.C.

2. through 5. No change.

(d) No change.

(4) No change.

 

62-762.502 Storage Tank System Requirements for Field Erected Storage Tanks.

(1) No change.

(a) No change.

(b) Secondary containment.

1. No change.

2. Synthetic liners, unless previously approved by the Department, shall be designed and tested in accordance with GRI Test Method GM13, Rev. 13, November 2015 Rev. 12, November 2014, incorporated by reference in subparagraph 62-762.501(1)(b)2., F.A.C., and be registered with the Department in accordance with subsection 62-762.851(2), F.A.C. Liners shall not be constructed or consist of naturally occurring in-situ soils.

3. through 10. No change.

(c) through (i) No change.

(2) through (4) No change.

 

62-762.601 Release Detection Requirements for Shop Fabricated Storage Tank Systems.             

(1) No change.

(a) No change

(b) Any storage tank system without a method, or combination of methods, of release detection in accordance with this section, shall immediately provide a method of release detection, or immediately empty the storage tank system and place the affected system out-of-service, or close the system within 90 days of (effective date of the rule), in accordance with subsection 62-762.801(2), F.A.C.

(c) through (i) No change.

(2) Storage tanks with secondary containment.

(a) No change

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 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 62-762.431, F.A.C.

8. No change.

(3) through (8) No change.

 

62-762.602Release Detection Requirements for Field Erected Storage Tank Systems.

(1) No change.

(2) Storage tanks with secondary containment.

(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 water, other than condensate, or regulated substances in the interstice is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

8. No change.

(3) through (8) No change.

 

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

(1) No change.

(2) Closure of storage tank systems.

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

1. No change.

2. Upon discovery, aA storage tank system that fails to meet or, if required, is not modified to meet the storage tank system requirements of Rule 62-762.501, F.A.C.

3. No change.

4. A storage tank system where financial responsibility is not maintained and demonstrated pursuant to Rule 62-762.421, F.A.C., within 90 days of termination of the finanical mechanism.

(b) No change.

(3) No change.

 

62-762.802 Out-of-Service and Closure Requirements for Field Erected Storage Tank Systems.

(1) through (2) No change.

(3) Closure of storage tank systems.

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

1. No change.

2. Upon discovery, aA storage tank system that fails to meet or, if required, is not modified to meet the Storage Tank System requirements of Rule 62-762.502, F.A.C.

3. No changes.

4. A storage tank system where financial responsibility is not maintained and demonstrated pursuant to Rule 62-762.421, F.A.C., within 90 days of termination of the finanical mechanism.

(b) No change.

(4) No change.

 

62-762.851Alternative Procedures and Equipment Registration.

(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 (i) No change.