In 2017 and 2019, the Department of Environmental Protection (DEP) updated Chapter 62-762, F.A.C., to be in accordance with Chapter 62-761, Underground Storage Tank Systems, which was updated during the same time period ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-762.201Definitions

62-762.211Reference Guidelines

62-762.301Applicability

62-762.401Facility Registration

62-762.411Notification

62-762.421Financial Responsibility

62-762.501System Requirements for Shop Fabricated Storage Tanks

62-762.502System Requirements for Field Erected Storage Tanks

62-762.601Release Detection Requirements for Shop Fabricated Storage Tanks

62-762.602Release Detection Requirements for Field Erected Storage Tanks

62-762.701Repairs, Operation and Maintenance of Shop Fabricated Storage Tanks

62-762.702Repairs, Operation and Maintenance of Field Erected Storage Tank Systems

62-762.711Recordkeeping

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

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

62-762.901Storage Tank Forms

PURPOSE AND EFFECT: In 2017 and 2019, the Department of Environmental Protection (DEP) updated Chapter 62-762, F.A.C., to be in accordance with Chapter 62-761, Underground Storage Tank Systems, which was updated during the same time period to be consistent with 2015 federal requirements in 40 CFR Part 280 for underground storage tank systems. The proposed revisions will clarify and update regulatory language not previously revised and provide a new requirement to perform annual visual inspection of out-of-service storage tanks systems.

SUMMARY: The proposed revisions will clarify and update the rule requirements for registration, revise out-of-service requirements to include annual visual inspections for storage tank systems, update reference guidelines to the newest editions and provide additional release detection options for emergency generator owners and operators, allowing these systems to be consistent with the underground storage tank system release detection requirements proposed in Rule 62-761.600, F.A.C., Release Detection Requirements. Additionally, making a correction on the Discharge Report Form.

OTHER RULES INCORPORATING THIS RULE: 62-521.400, 62-710.401, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-780.210, and 62-780.600.

EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-762, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following rules: 62-521.400, 62-710.401, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-780.210, and 62-780.600.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

A SERC was prepared due to an increase in time and effort to comply with revisions to out-of-service requirements and the determination that small businesses will be minimally affected. However, based on the SERC, the proposed rule is not expected to have a direct or indirect regulatory cost in excess of $200,000 in the aggregate within one year after the implementation of the rule.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A SERC was prepared for this proposed rule. Based on the SERC, the proposed rule is not expected to have an adverse impact on economic growth, job creation, or employment nor will it have an impact on business competitiveness nor will it increase regulatory costs in excess of $1 million in aggregate within five years.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 376.303, 376.322(3) FS.

LAW IMPLEMENTED: 376.031, 376.30, 376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 376.320, 376.321, 376.322, 376.322(3), 376.323, 403.077, 403.091, 403.141, 403.161, 487.021, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 25, 2023 from 1:00 p.m. to no later than 4:00 p.m.

PLACE: Florida DEP Bob Martinez Building, 2600 Blair Stone Road., Conference Room 609, Tallahassee, Florida. To attend the workshop online via Microsoft Teams, go to the Division of Waste Management website at https://floridadep.gov/Waste for webinar information.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Kim Curran, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, FL 32399. [e-mail] or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amanda Dorsett, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, FL 32399. [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-762.201 Definitions.

All words and phrases defined in Sections 376.031, 376.301, and 487.021, F.S., shall have the same meaning when used in this chapter unless specifically stated otherwise in this chapter. See Sections 376.031, 376.301, and 487.021, 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,” “Pesticides,” “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 (16) No change.

(17) “Day tank” means a shop fabricated storage tank with a capacity of less than or equal to 550 gallons, connected to a regulated tank by way of integral piping, that contains the amount of fuel commonly used in a 24-hour period.

(18) through (32)  No change.

(33) “Impervious” means:

(a) No change.

(b) For concrete structures, a material that:

1. No change.

2. Is applied to the concrete in accordance with Design, Installation, and Maintenance of Coating Systems for Concrete Used in Secondary Containment, SSPC-TU 2/NACE 6G197, Publication No. 97-04/Item No. 24193, February 1997, 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 AMPP (The Association for Materials Protection and Performance, formerly SSPC: The Coatings Society, 800 Trumbull Drive, Pittsburgh, PA 15205 40 24th Street, 6th Floor, Pittsburgh, Pennsylvania 15222-4643, [phone], or from the publisher’s website at http://www.ampp.org/home;  http://www.sspc.org/; or from the publisher at NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, or from the publisher’s website at http://www.nace.org/.

(34) through (35) No change.

(36) “Industrial occupancy building” is an enclosed structure that contains a storage tank system that is used in association with an industrial or manufacturing process, or for electric power generating utilities, provided that the building was constructed and is used primarily for industrial, manufacturing, or electric power generating purposes, and not solely for the purpose of storing regulated substances. An industrial occupancy building is a structure that has an impervious floor (without valves, drains, or other openings) that prevents regulated substances from being discharged. Industrial occupancy buildings constructed between July 13, 1998, and January 11, 2017, must meet the applicable regulatory requirements in this chapter in effect at that time. Industrial occupancy buildings constructed after January 11, 2017, must:

(a) Be constructed in accordance with Flammable and Combustible Liquids Code, Storage Tank Buildings, Chapter 24 of NFPA 30, 2021 2018 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 NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, [phone], or at www.nfpa.org/;

(b) Have at least Type II construction in accordance with Standard on Types of Building Construction, NFPA 220, 2021 2018 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 NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, [phone], or at www.nfpa.org/;

(c) Be ventilated in accordance with Standard on Explosion Protection by Deflagration Venting, NFPA 68, 2018 Edition; and Standard on Explosion Prevention Systems, NFPA 69, 2019 2014 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 NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, [phone], or at www.nfpa.org/; and,

(d) No change.

(37) through (65) No change.

(66) “Secondary containment” means a release detection and discharge prevention system that meets the performance requirements of paragraphs 62-762.501(1)(b) and 62-762.502(1)(b), F.A.C., as applicable. Secondary containment includes dispenser sumps, piping sumps, spill containment systems, the outer wall of double-walled tanks, and integral piping, or the liner or impervious containment for single-walled tanks or integral piping. A Release Prevention Barrier is considered secondary containment for field-erected storage tank bottoms, as specified in Annex I of API Std 650, 13th  12th Edition, March 2020 2013 Annex I, Welded Tanks for Oil Storage, Undertank Leak Detection and Subgrade Protection, which includes including Errata 1 (2021) (2013), Errata 2 (2014), and Addendum 1 (2014), and Addendum 2 (2016), 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/, is considered secondary containment for field-erected storage tank bottoms.

(67) through (77) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.031, 376.301, 376.303, 487.021 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19,                                .

Editorial Note: For Pesticides defined in Section 487.021, F.S., the definition of a “new animal drug” is now located in 21 U.S.C. §321(v), and the definition of an animal feed is now located in 21 U.S.C. §321(w), of the Federal Food, Drug, and Cosmetic Act.

 

62-762.211 Reference Guidelines.

(1) Reference guidelines listed in paragraphs 62-762.211(2)(a) through (n), F.A.C., are available for inspection during business hours at the Department of Environmental Protection’s Tallahassee Office located at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, and directly from the source. Secondary references found within the following primary reference guidelines that have insufficient information to obtain those references can be obtained as provided in the document titled AST Appendix A – Secondary References, Month 2023 Edition July 2019, hereby adopted and incorporated by reference, located here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-11126, or the Department address listed above. All other secondary references can be obtained through the following reference guidelines.

(2) No change.

(a) No change.

(b) American Petroleum Institute (API). 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/:

1. No change.

2. Piping Inspection Code: In-service Inspection, Rating, Repair, and Alteration of Piping Systems, API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018),

3. Design and Construction of Large, Welded, Low-Pressure Storage Tanks, API Std 620, 12th Edition, October 2013,. including Includes Addendum 1 (2014), Addendum 2 (2018) and Addendum 3 (2021).

4. Welded Tanks for Oil Storage, API Std 650, 13th 12th Edition, March 2020 2013, including Includes Errata 1 (2021) (2013), Errata 2 (2014), and Addendum 1 (2014), and Addendum 2 (2016),

5. No change.

6. Tank Inspection, Repair, Alteration, and Reconstruction, API Std 653, 5th Edition, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020),

7. Welding of Pipelines and Related Facilities, API Std 1104, 22nd 21st Edition, July September 2021 2013. Includes Errata 1 (2013), Errata 2 (2014), Errata 3 (2014), Errata 5 (2018), and Addendum 1 (2014), Addendum 2 (2016),

8. Recommended Practice for the Pressure Testing of Steel Pipelines for the Transportation of Gas, Petroleum Gas, Hazardous Liquids, Highly Volatile Liquids, or Carbon Dioxide, API RP 1110, (R2018), 6th Edition, February 2013,

9. No change.

10. Using the API Color-Symbol System to Identify Mark Equipment, and Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Identification at Gasoline Dispensing and Storage Facilities and Distribution Terminals, API Recommended Practice 1637 (R2012), 4th 3rd Edition, April 2020 July 2006. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-11126; and,

11. Overfill Prevention Protection for Storage Tanks in Petroleum Facilities, API Standard RP 2350, 5th 4th Edition, September 2020, including Errata 1, April 2021 May 2012.

(c) ASME International (founded as the American Society of Mechanical Engineers). 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 ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, [phone], or the publisher’s website at http://www.asme.org/:

1. Process Piping, ASME B31.3, 2020 2016 Edition; and,

2. Pipeline Transportation Systems for Liquids and Slurries, ASME B31.4, 2019 2016 Edition.

(d) 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 Standard Specification, Rev. 16 14, March 2021 January 2016. Secondary references to this guideline can be found here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-11126.

(g) AMPP (The Association for Materials Protection and Performance, formerly NACE International). 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 AMPP, 15835 Park Ten Place, Houston, Texas 77084 NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, [phone], or at https://www.ampp.org/home http://www.nace.org/:

1. through 2. No change.

3. External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2021 2011, 2021 2011 Edition; and,

4. No change.

(h) National Fire Protection Association (NFPA). 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 NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, [phone], or at www.nfpa.org/:

1. Flammable and Combustible Liquids Code, NFPA 30, 2021 2018 Edition,

2. Code for Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2021 2018 Edition,

3. No change.

4. Standard on Explosion Prevention Systems, NFPA 69, 2019 2014 Edition; and,

5. Standard on Types of Building Construction, NFPA 220, 2021 2018 Edition.

(i) No change.

(j) Petroleum Equipment Institute (PEI). 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 PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, [phone], or at www.pei.org/:

1. Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20 17, 2020 2017 Edition;

2. Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling, PEI/RP200-19­ 13, 2019 2013 Edition; and,

3. Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, PEI/RP1200-19 17, 2019 2017 Edition.

4.  Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems, PEI/RP1400-21, 2021 Edition.

(k) AMPP (The Association for Materials Protection and Performance, formerly SSPC: The Coatings Society and NACE International). 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 AMPP (The Association for Materials Protection and Performance, formerly SSPC: The Coatings Society, 800 Trumbull Drive, Pittsburgh, PA 15205 40 24th Street, 6th Floor, Pittsburgh, Pennsylvania 15222-4643, [phone], or from the publisher’s website at https://www.ampp.org/home http://www.sspc.org/; or from the publisher at NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, or from the publisher’s website at http://www.nace.org/: Design, Installation, and Maintenance of Coating Systems for Concrete Used in Secondary Containment, SSPC-TU 2/NACE 6G197, Publication No. 97-04/Item No. 24193, February 1997.

(l) Steel Tank Institute (STI). 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 STI, 944 Donata Court, Lake Zurich, IL 60047, [phone], or at https://www.steeltank.com/:

1. Steel Tank Institute Standard for Fire Tested Tanks Flameshield®, STI F001, April 2017. Secondary references to this guideline can be found here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-11126;

2. Generator Base Tanks: Standard for Aboveground Tanks Used as a Generator Base Tank, STI F011, November 2021 April 2017. Secondary references to this guideline can be found here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-11126;

3. No change.

4. Fireguard: Specification for Fireguard Protected Aboveground Storage Tanks, STI F941, June 2016. Secondary references to this guideline can be found here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-11126;

5. No change.

6. Installation Instructions for Shop Fabricated Aboveground Storage Tanks for Flammable, Combustible Liquids, STI R912, Revised November 2015. Secondary references to this guideline can be found here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-07688;

7. through 8. 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. Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, UL 142, January 2021 December 2006, Revised August 2014, 10th 9th Edition. Secondary references to this guideline can be found here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-11126;

2. Nonmetallic Underground Piping for Flammable Liquids, UL 971, May 2021, 2nd October 1995, Revised March 2006, 1st Edition. Secondary references to this guideline can be found here: <App A LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-11126; and,

3. No change.

(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 https://www.govinfo.gov/app/collection/cfr www.gpo.gov/:

1. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280, Subpart H, Financial Responsibility, July 15, 2015, published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, NW, Washington, DC 20401-0001, or <280 LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-07664, or https://www.govinfo.gov/app/collection/cfr/2015/title40 https://www.ecfr.gov/cgi-bin/text-idx?SID=fc39ac52f9d11adfefd71beee374f05d&pitd=20150715&node=pt40.27.280&rgn=div5 incorporated by reference in Rule subsection 62-761.420(3), F.A.C.; and,

2. No change.

(3) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19,                        .

 

62-762.301 Applicability.

(1) No change.

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

(a) through (d) No change.

(e) Any storage tank system with a storage capacity of less than 30,000 gallons used for the sole purpose of storing heating oil for consumptive use on the premises where stored. “Heating oil” means any petroleum-based fuel used in the operation of heating equipment, boilers, or furnaces;

(f) through (n) No change.

(o) Any day tank system with a capacity of 550 gallons or less. Day tank systems with capacities greater than 550 gallons are not exempt and shall be in compliance with this chapter no later than [12 months from effective date of rule]; 

(p) through (u) No change.

(v) Any rail or tanker truck loading or unloading operations (loading racks) specified in Chapter 28 of NFPA 30, 2021 2018 Edition, Flammable and Combustible Liquids Code, Bulk Loading and Unloading Facilities for Tank Cars and Tank Vehicles, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.;

(w) through (ee) No change.

Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.321, 376.322(3) FS. History–New 6-21-04, Amended 1-11-17, 7-9-19,                                             .

 

62-762.401 Facility Registration.

(1) No change.

(2) For a change in service status or closure pursuant to rules 62-762.801 and 62-762.802, F.A.C., a completed Registration Form shall be submitted in paper or electronic format to the Department within 10 days after completion of the change in service status or closure ­pursuant to subparagraph 62-762.801(2)(b)8., or subparagraph 62-762.802(3)(b)8., F.A.C., as applicable.

(3) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days of the following changes or discovery:

(a) Any change in the account owner, defined as the party responsible for payment of registration fees at the facility location, owner or operator of a facility or of a storage tank system;

(b) through (c) No change.

(4) Registration fees.

(a) Registration fees are due from the account owner tank or facility owner or operator, as indicated in this subsection, for all storage tank systems and compression vessels, required to be registered, except for:

1. through 2. No change.

(b) through (c) No change.

(d) For new account owners of currently registered storage tank systems, a fee of $25.00 per tank shall be paid to the Department within 30 days of receipt of an invoice from the Department.

(d) through (e) renumbered (e) through (f) No change.

(g)(f) Late fees. Any payment made more than 30 days after the date it is due is delinquent and the registrant must pay an additional fee of $20.00 for each tank for which the payment is overdue A late fee of $20.00 per storage tank or compression vessel shall be paid to the Department for any renewal that is received after July 31.

(g) through (i) renumbered (h) through (j) No change.

(5) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3077 FS. History–New 6-21-04, Amended 1-11-17, 7-9-19,    .

Editorial Note: Portions of this rule were relocated to rule 62-762.421, F.A.C., on 1-11-2017.

 

62-762.411 Notification.

(1) through (2) No change.

(3) Internal Inspections. Notification shall be received by the county in writing or electronic format between 10 and 25 days before the initiation of the work unless the county agrees to a shorter time period for inspections in accordance with Tank Inspection, Repair, Alteration, and Reconstruction, API Std 653, 5th Edition, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/; and for piping integrity testing pursuant to Piping Inspection Code: In-service Inspection, Rating, Repair, and Alteration of Piping Systems, API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/. Smaller field erected tanks with capacities less than 250,000 gallons shall be inspected in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020); or Standard for the Inspection of Aboveground Storage Tanks, STI SP001, 6th Edition, January 2018, 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 STI, 944 Donata Court, Lake Zurich, IL 60047, [phone], or at https://www.steeltank.com/. Notification is not required for any STI SP001, January 2018, API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), and API 570, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), inspection work or activities where the tank or piping will remain in service or will not be empty, or for routine maintenance.

(4) No change.

(5) Except as provided in subsection 62-762.441(5), F.A.C., notification of the discovery of a discharge shall be made to the County in writing or electronic format on Form 62-762.901(1), Discharge Report Form (DRF), effective date, [FORM DATE] January 2017, hereby adopted and incorporated by reference, within 24 hours or before the close of the County’s next business day. To obtain copies of this form see rule 62-762.901, F.A.C., or <DRF FORM LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-07689, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(6) through (7) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.30, 376.303, 403.077 FS. History–New 1-11-17, Amended 10-17-19,                       .

Editorial Note: Portions of this rule were copied from Rule 62-762.451, F.A.C., on 1/11/2017.

 

62-762.421 Financial Responsibility.

(1) through (2) No change.

(3) The demonstration of financial responsibility for storage tank systems shall be made in accordance with reference guideline Technical Standards And Corrective Action Requirements For Owners And Operators Of Underground Storage Tanks (UST), Financial Responsibility, 40 CFR Part 280, Subpart H, Financial Responsibility, revised July 15, 2015, which is hereby adopted and incorporated by reference in subsection 62-761.420(3), F.A.C., and available at <SubPartH Link> http://www.flrules.org/Gateway/reference.asp?No=Ref-07664, except that:

(a) Department Form 62-761.900(3) Financial Mechanisms for Storage Tanks, DATE, shall be used in lieu of the United States Environmental Protection Agency’s financial wording. Form 62-761.900(3), effective date, [FORM DATE] October 2019, Financial Mechanisms for Storage Tanks, hereby is adopted and incorporated by reference in subsection 62-761.420(3), F.A.C., and available on in Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-11170, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-financial-responsibility, or here: <FR FORM LINK> https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, shall be used in lieu of the United States Environmental Protection Agency’s financial wording;

(b) through (c) No change.

(4) through (8) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.308, 376.309, 403.091, 403.141, 403.161 FS. History-New 1-11-17, Amended 10-17-19, 4-1-21,   .

Editorial Note: Portions of this rule were copied from Rule 62-762.401, F.A.C., on 1/11/2017.

 

62-762.501 System Requirements for Shop Fabricated Storage Tanks.

(1) General requirements.

(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 Standard Specification, Rev. 16 14, March 2021 January 2016, 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. Secondary containment constructed of concrete shall be:

a. No change.

b. Lined in accordance with SSPC-TU 2/NACE 6G197, February 1997, incorporated by reference in subparagraph 62-762.201(33)(b)2., F.A.C., unless previously lined in accordance with Coatings and Linings over Concrete for Chemical Immersion and Containment Service, NACE Standard SP0892-2007 (formerly RP0892), 2007 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 AMPP, 15835 Park Ten Place, Houston, Texas 77084 NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, or at https://www.ampp.org/home http://www.nace.org/, and be registered with the Department in accordance with subsection 62-762.851(2), F.A.C., or

c. No change.

4. through 7. No change.

8. If factory-made single-walled spill containment systems or single-walled sumps are installed on the system, a containment integrity test shall be performed before the component is placed into service in accordance with the manufacturer’s testing requirements. For system components without manufacturer containment testing specifications, PEI/RP1200-19 17, 2019 2017 Edition shall be used. PEI/RP1200-19 17 is the Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, hereby adopted and incorporated by reference, and available at the Department address located in subsection 62-762.211(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, [phone], or the publisher’s website at www.pei.org/. For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer’s requirements.

9. An interstitial integrity test shall be performed on each double-walled or double-bottomed storage tank with a closed interstice after it is delivered and to the facility, placed at its final location at the facility, and before the storage tank is placed into service. This test shall be performed in accordance with the manufacturer’s testing specifications. For storage tanks without manufacturer interstitial integrity testing requirements, PEI/RP200-19­ 13, 2019 2013 Edition, shall be used. PEI/RP200-19 13 is the Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling, 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 PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, [phone], or at www.pei.org/. For closed top dike double-walled UL 142 storage tanks with an open interstice not capable of being pressurized, manufacturer’s inspection instructions in accordance with the UL 142 storage tank’s equipment registration pursuant to subsection 62-762.851(2), F.A.C., must be performed for structural or other damage to the storage tank after it is delivered and­ to the facility, placed at its final location at the facility, and before the storage tank is placed into service. If manufacturer instructions are unavailable, a visual inspection must be performed for structural or other damage to the storage tank after it is delivered and to the facility, placed at its final location at the facility, and before the storage tank is placed into service.

10. Before integral piping is placed into service, an interstitial integrity test shall be performed on double-walled small diameter integral piping in contact with the soil, or that transports regulated substances over surface waters of the state, in accordance with Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20 17, 2020 2017 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 PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, [phone], or at www.pei.org/, and PEI/RP1200-19 17, 2019 2017 Edition.

11. If double-walled spill containment systems are installed, an interstitial integrity test shall be performed in accordance with the manufacturer’s testing requirements. For system components without manufacturer interstitial integrity testing specifications, PEI/RP1200-19 17, 2019 2017 Edition, shall be used before the spill containment system is placed into service.

(c) through (g) No change.

(h) All storage tank systems shall be installed in accordance with the applicable provisions of:

1. Flammable and Combustible Liquids Code, Storage of Liquids in Tanks – Aboveground Storage Tanks, Chapter 22 of NFPA 30, 2021 2018 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.,

2. Code for Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2021 2018 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 NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, [phone], or at www.nfpa.org/,

3. Process Piping, ASME B31.3, 2020 2016 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 ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, [phone], or the publisher’s website at http://www.asme.org/; and,

4. PEI/RP200-19­ 13, 2019 2013 Edition; and,.

5. Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems, PEI/RP1400-21, 2021 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 PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, [phone], or at www.pei.org/.

(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. Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, UL 142, January 2021 December 2006, Revised August 2014, 10th 9th Edition. To obtain this reference from the publisher, see paragraph 62-762.211(2)(m), F.A.C.,

b. Welded Tanks for Oil Storage, API Std 650, 13th 12th Edition, March 2020 2013, incorporated by reference in subsection 62-762.201(67), F.A.C. To obtain this reference from the publisher, see paragraph 62-762.211(2)(b), F.A.C.,

c. through f. No change.

g. Fireguard: Specification for Fireguard Protected Aboveground Storage Tanks, STI F941, June 2016. To obtain this reference from the publisher, see paragraph 62-762.211(2)(l), F.A.C., or

h. Generator Base Tanks: Standard for Aboveground Tanks Used as a Generator Base Tank, STI F011, November 2021 April 2017. To obtain this reference from the publisher, see paragraph 62-762.211(2)(l), F.A.C., or

i. Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems, PEI/RP1400-14, 2014 Edition.

2. No change.

(c) No change.

(d) Secondary containment.

1. through 2. No change.

3. Dike field areas with secondary containment shall:

a. Conform to the requirements of Chapter 22 of NFPA 30, 2021 2018 Edition, Flammable and Combustible Liquids Code, Storage of Liquids in Tanks – Aboveground Storage Tanks,

b. through d. No change.

(e) Overfill protection.

1. through 2. No change.

3. All overfill protection devices shall be tested for operability at installation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C.

43. No change.

54. An annual operability test shall be performed on the designated primary overfill protection device used to meet the Department’s overfill protection requirement at intervals not exceeding 12 months to ensure proper operation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due.

5. through 6. renumbered 6. through 7. No change.

(f) Spill containment systems.

1. No change.

2. Fillbox covers.

a. Effective [12 months from effective date of rule], regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference: Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals, API Recommended Practice 1637, 4th Edition, April 2020. See paragraph 62-762.211(2)(b), F.A.C., for additional information.

b. For storage tank systems storing aviation fuel, regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference: Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuelling Equipment, EI 1542, 9th Edition, July 2012. See paragraph 62-76.211(2)(d), F.A.C., for additional information; or

c. An equivalent method may also be approved by the Department using an alternative procedure in accordance with subsection 62-762.851(1), F.A.C., regardless of the date of installation of the storage tank system, shall be marked or the fill connection tagged and facility signage shall be prominently displayed in accordance with Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals, API RP 1637, (R2012), 3rd Edition, July 2006, 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/; or Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuelling Equipment, EI 1542, 9th Edition, July 2012, 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 Energy Institute, 62 New Cavendish Street, London W1G 7AR, United Kingdom, [phone], or the publisher’s website at https://www.energyinst.org/home, or with an equivalent method approved by the Department in accordance with subsection 62-762.851(1), F.A.C.

3. No change.

(g) Dispensers and dispenser sumps.

1. The dispenser used for transferring fuels from storage tanks to vehicles or portable containers shall be installed and maintained in accordance with the provisions of NFPA 30, 2021 2018 Edition; and Chapter 6, Fuel Dispensing Systems; Chapter 9, Operational Requirements; and Chapter 11, Marine Fueling of NFPA 30A Code for Motor Fuel Dispensing Facilities and Repair Garages, 2021 2018 Edition.

2. through 3. No change.

(h) through (j) No change.

(3) Small diameter integral piping.

(a) Installation.

1. All integral piping installed after January 11, 2017, shall be installed in accordance with the manufacturer’s instructions, if applicable, and according to the applicable provisions of PEI/RP200-19­ 13, 2019 2013 Edition; Chapter 27 of NFPA 30, 2021 2018 Edition, Flammable and Combustible Liquids Code, Piping Systems; NFPA 30A, 2021 2018 Edition; and Pipeline Transportation Systems for Liquids and Slurries, ASME B31.4, 2019 2016 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 ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, [phone], or the publisher’s website at http://www.asme.org/.

2. An interstitial integrity test shall be performed on double-walled integral piping that is in contact with the soil, or that transports regulated substances over surface waters of the state in accordance with PEI/RP100-20 17, 2020 2017 Edition and PEI/RP1200-19 17, 2019 2017 Edition, before the integral piping is placed into service.

3. through 4. No change.

5. All new pressurized small diameter integral piping that is in contact with the soil must be installed with line leak detectors meeting the requirements of paragraph 62-762.601(4)(b), F.A.C. The line leak detectors must be tested annually, at intervals not exceeding 12 months in accordance with paragraph 62-762.601(1)(b), F.A.C., and be installed in accordance with manufacturer’s instructions. For line leak detectors without manufacturer’s instructions, the installation must be in accordance with Section 7 of PEI/RP200-19­ 13, Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling, Pumps and Valves, 2019 2013 Edition.

6. All pressurized small diameter integral piping installed prior to January 11, 2017, that is in contact with the soil must be installed with line leak detectors meeting the requirements of paragraph 62-762.601(4)(b), F.A.C., by January 11, 2018. The line leak detectors must be tested annually, at intervals not exceeding 12 months in accordance with paragraph 62-762.601(1)(b), F.A.C., and be installed in accordance with manufacturer’s instructions. The annual test will be deemed timely if performed within the same calendar month in which the test is due. For line leak detectors without manufacturer’s instructions, the installation must be in accordance with Section 7 of PEI/RP200-19­ 13, 2019 2013 Edition. Line leak detectors are not required for piping that is not in contact with the soil.

(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, May 2021, 2nd October 1995, Revised March 2006, 1st 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. Rigid metallic integral piping shall be constructed in accordance with ASME B31.3, 2020 2016 Edition, or PEI/RP200-19­ 13, 2019 2013 Edition. In addition, steel integral piping in contact with the soil shall be cathodically protected in accordance with the following documents: Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API RP 1632, (R2010), 3rd Edition, May 1996, 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/; Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 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 AMPP, 15835 Park Ten Place, Houston, Texas 77084 NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, [phone], or at https://www.ampp.org/home http://www.nace.org/; and Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, STI R892, Revised January 2006, 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 STI, 944 Donata Court, Lake Zurich, IL 60047, [phone], or at https://www.steeltank.com/.

3. Metallic double-walled integral piping constructed of nonferrous materials such as copper shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2021 2018 Edition.

4. through 5. No change.

(d) Valves.

1. Shear valves. Pressurized small diameter integral piping systems connected to dispensers shall be installed with shear valves or emergency shutoff valves in accordance with Section 6.3 of NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, Requirements for Dispensing Devices, 2021 2018 Edition. These valves shall be designed to close automatically if a dispenser is displaced from its normal position. The valves shall be rigidly anchored independently of the dispenser. The valves shall be tested in accordance with PEI/RP1200-19 17, 2019 2017 Edition, at the time of installation by a certified contractor to confirm that the automatic closing function of the valve operates properly, and that the valve is properly anchored.

2. Isolation block valves. Any storage tank system, regardless of the date of installation of the storage tank system, located at an elevation that produces a gravity head on small diameter integral piping positioned below the product level in the tank must be installed and maintained with an isolation block valve in accordance with Chapter 22.13 of NFPA 30, 2021 2018 Edition, Flammable and Combustible Liquids Code, Tank Openings Other Than Vents.

3. Anti-siphon valves. For storage tank systems that produce a gravity head on small diameter integral piping positioned below the product level in the tank, anti-siphon valves shall be installed and maintained in accordance with Section 7 of PEI/RP200-19­ 13, 2019 2013 Edition, and Section 11.2 of NFPA 30A, Marine Fueling, Storage, 2021 2018 Edition. For such storage tank systems installed prior to January 11, 2017, anti-siphon valves shall be installed within one year of January 11, 2017. Integral piping located within an impervious dike field area does not require anti-siphon valves.

(4) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19,                        .

 

62-762.502 System Requirements for Field Erected Storage Tanks.

(1) General requirements.

(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 Standard Specification, Rev. 16 14, March 2021 January 2016, 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 7. No change.

8. If factory-made containment systems or single-walled sumps are installed on the system, a containment integrity test shall be performed in accordance with manufacturer’s requirements. For system components without manufacturer containment integrity testing specifications, PEI/RP1200-19 17, 2019 2017 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)8., F.A.C., shall be used before the component is placed into service. For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer’s requirements.

9. An interstitial integrity test shall be performed on each double-walled or double-bottomed storage tank with a closed interstice after it is constructed at the facility, and before the storage tank is placed into service. This test shall be performed in accordance with Annex I.6, Testing and Inspection, located in API Std 650, March 2020 2013, incorporated by reference in subsection 62-762.201(67), F.A.C.

10. An interstitial integrity test shall be performed on double-walled small diameter integral piping in contact with the soil, or that transports regulated substances over surface waters of the state, in accordance with PEI/RP100-20 17, 2020 2017 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)10., F.A.C., and PEI/RP1200-19 17, 2019 2017, before the small diameter integral piping is placed into service.

(c) through (f) No change.

(h) All storage tank systems shall be installed in accordance with the applicable provisions of API Std 650, March 2020 2013, incorporated by reference in subsection 62-762.201(67), F.A.C.; NFPA 30, 2021 2018 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.; NFPA 30A, 2021 2018 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)2., F.A.C.; ASME B31.3, 2020 2016 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)3., F.A.C.; and PEI/RP200-19­ 13, 2019 2013 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)9., F.A.C.

(i) No change.

(2) Storage tank installation.

(a) All storage tank systems shall be installed in accordance the applicable provisions of Chapter 22 of NFPA 30, 2021 2018 Edition.

(b) Storage tank construction requirements.

1. Storage tanks shall be constructed in accordance with one of the following:

a. Design and Construction of Large, Welded, Low-Pressure Storage Tanks, API Std 620, 12th Edition, October 2013, includes Addendum 1 (2014), Addendum 2 (2018) and Addendum 3 (2021), 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/, or

b. API Std 650, March 2020 2013, incorporated by reference in subsection 62-762.201(67), F.A.C.

2. Storage tanks shall be inspected and tested at a frequency established in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C., and maintained for the life of the tank.

(c) No change.

(d) Secondary containment.

1. through 2. No change.

3. Dike field areas with secondary containment shall:

a. Conform to the requirements of Chapter 22 of NFPA 30, 2021 2018 Edition,

b. through d. No change.

4. No change.

5. Instead of installing secondary containment in the entire dike field area in accordance with this subsection, an alternative dike field secondary containment system registered in accordance with subsection 62-762.851(2), F.A.C., may be used. Alternative dike field secondary containment systems are not allowed in public wellhead protection areas. The alternative dike field secondary containment system, regardless of the date of installation of the storage tank system, must provide:

a. through c. No change.

d. A high and a high-high level overfill alarm system with an annual test of operability, in accordance with Overfill Prevention Protection for Storage Tanks in Petroleum Facilities, API Standard RP 2350, 5th 4th Edition, September 2020, including Errata 1, April 2021 May 2012, 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/., An annual operability test will be deemed timely if performed within the same calendar month in which the test is due.

e. through g. No change.

h. For new tanks, a release prevention barrier underneath the tank in accordance with API Std 650, March 2020 2013, Annex I, incorporated by reference in subsection 62-762.201(67), F.A.C., or an equivalent system registered as a release prevention barrier or secondary containment in accordance with subsection 62-762.851(2), F.A.C.

6. Instead of installing secondary containment in the entire dike field area in accordance with this subsection, a double-walled storage tank may be used. The storage tank must be constructed in accordance with API Std 650 March 2020.

7. Release prevention barriers for dike field containment systems shall be impervious and be designed and constructed in accordance with API Std 650, March 2020 2013, or be registered as a release prevention barrier or secondary containment in accordance with subsection 62-762.851(2), F.A.C.

(e) Overfill protection.

1. No change.

2. Overfill protection shall be performed, as applicable, in accordance with API Standard RP 2350, 5th 4th Edition, September 2020, including Errata 1, April 2021 May 2012.

3. All storage tanks, not subject to API Standard 2350, 5th 4th Edition, September 2020, including Errata 1, April 2021 May 2012, shall not be filled beyond 90 percent capacity and shall be equipped with at least one of the following overfill protection devices or containment method:

4. All overfill protection devices shall be tested for operability at installation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C.

54. No change.

65. An annual operability test shall be performed on the designated primary overfill protection device used to meet the Department’s overfill protection requirement at intervals not exceeding 12 months to ensure proper operation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due.

(f) through (h) No change.

(i) Relocation of storage tanks. Storage tanks that have been removed and that are to be reinstalled at a different location shall be re-registered with the Department in accordance with subsection 62-762.401(1), F.A.C., and reinstalled in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C.

(3) No change.

(4) Bulk product piping.

(a) Installation.

1. Bulk product piping shall be constructed and installed in accordance with the applicable provisions of Chapter 27 of NFPA 30, 2021 2018 Edition; and either ASME B31.3, 2020 2016 Edition; or B31.4, 2019 2016 Edition, incorporated by reference in subparagraph 62-762.501(3)(a)1., F.A.C.; or Welding of Pipelines and Related Facilities, API Std 1104, 22nd 21st Edition, July September 2021 2013. includes Errata 1 (2013), Errata 2 (2014), Errata 3 (2014), Errata 5 (2018), and Addendum 1 (2014), Addendum 2 (2016), 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 API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/.

2. No change.

3. An integrity test shall be performed for underground bulk product piping for high viscosity products in accordance with Chapter 27 of NFPA 30, 2021 2018 Edition, before the piping system is placed into initial use. An interstitial integrity test shall be performed for underground bulk product piping with secondary containment in accordance with subsection 62-762.702(4), F.A.C., or Chapter 27 of NFPA 30, 2021 2018 Edition, before the piping is placed into initial use.

(b) Secondary containment.

1. No change.

2. Single-walled bulk product piping that was installed before June 30, 1992, and that had an initial structural evaluation performed in accordance with API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), incorporated by reference in subsection 62-762.411(3), F.A.C., before January 1, 2000, is exempt from this requirement if the evaluation indicated that the bulk product piping had remaining useful life. The piping shall be repaired or upgraded with secondary containment or closed when a periodic API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), inspection indicates that repair, upgrading or closure is necessary.

3. through 4. No change.

5. Bulk product piping in contact with the soil containing high viscosity products may be converted to non-high viscosity product service without having to install secondary containment if an API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), integrity assessment, incorporated by reference in subsection 62-762.411(3), F.A.C., is performed and confirms that the piping has remaining useful life. The piping shall be repaired or upgraded with secondary containment or closed when a periodic API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), inspection indicates that repair, upgrading or closure is necessary.

(c) Construction.

1. New steel bulk product piping shall be constructed in accordance with ASME B31.3, 2020 2016 Edition; or ASME B31.4, 2019 2016 Edition; or API STD 1104, 22nd 21st Edition, July September 2021 2013. Includes Errata 1 (2013), Errata 2 (2014), Errata 3 (2014), Errata 5 (2018), and Addendum 1 (2014), Addendum 2 (2016). Bulk product steel integral piping in contact with the soil shall be cathodically protected in accordance with API RP 1632, 3rd Edition (R2010) May 1996, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C.; NACE Standard SP0169-2013, 2013 Edition, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C.; or STI R892, Revised January 2006, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C. Corrosion Protection can also be provided using vapor corrosion inhibitors registered in accordance with subsection 62-762.851(2), F.A.C. Bulk product piping using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-762.851(2), F.A.C., shall be designed and installed under the direction of a Corrosion Professional.

2. through 3. No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17, Amended 10-17-19,                                     .

 

62-762.601 Release Detection Requirements for Shop Fabricated Storage Tanks.

(1) General requirements.

(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 in accordance with subsection 62-762.801(1) 62-762.801(2), F.A.C.

(c) through (i) No change.

(2) through (3) No change.

(4) Small diameter integral piping with secondary containment.

(a) No change.

(b) In addition, pressurized small diameter integral piping in contact with the soil shall be equipped with a release detection system that can detect a leak within one hour. One of the following methods shall be used:

1. Mechanical line leak detectors. Mechanical line leak detectors shall be capable of detecting a discharge of 3.0 gallons per hour (gph) with a probability of detection of 0.95, and a probability of false alarm of 0.05 at an equivalent line pressure of 10 pounds per square inch (psi) and restrict flow within one hour. Any instance where the mechanical line leak detector is restricting flow is considered a positive response and shall be reported and investigated as an incident pursuant to rule 62-762.431, F.A.C.

2. Electronic line leak detectors. Electronic line leak detectors shall be capable of detecting a discharge of 3.0 gph with a probability of detection of 0.95, and a probability of false alarm of 0.05 at an equivalent line pressure of 10 psi and alert the operator by restricting or shutting shut off the flow of regulated substances through piping when a leak is detected power to the pump. Any instance where the electronic line leak detector has shut off power to the pump is considered a positive response and shall be reported and investigated as an incident pursuant to rule 62-762.431, F.A.C.

3. Electronic interstitial monitoring devices. Storage tank systems without line leak detectors, shall have electronic interstitial monitoring devices that are capable of detecting a release of 10 gallons within one hour and shutting off the pump. Any instance where the monitoring device has shut off the pump is considered a positive response and shall be reported and investigated as an incident pursuant to rule 62-762.431, F.A.C.

4. For emergency generator storage tank systems that are monitored 24-hours per day, if the release detection system detects leaks of 3.0 gph at 10 psi line pressure within one hour, an audible or visual alarm will be triggered to alert the on-site operator.

(5) A positive response is defined as any instance where the release detection system has shut off power to the pump, restricted the flow, or triggered an audible or visual alarm for pressurized integral piping in contact with the soil. 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.

(5) through (6) renumbered (6) through (7) No change.

(8)(7) Annual operability testing of release detection systems. All release detection devices shall be tested annually at intervals not exceeding 12 months to ensure proper operation. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due. The test must either simulate an actual alarm condition or shall be conducted according to manufacturer’s specifications, and shall include, at a minimum, a determination of whether the device operates as designed. Remote testing of the system can be performed by the manufacturer if the remote test is included in the third-party certification by a Nationally Recognized Testing Laboratory.

(9)(8) Operability test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C. Records shall be kept for three years generated on or after January 11, 2017. Records generated before January 11, 2017, are required to be kept for two years, in accordance with rule 62-762.711, F.A.C.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Amended 1-11-17,                                     .

 

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

(1) through (5) No change.

(6) Bulk product and hydrant piping without secondary containment. Single-walled bulk product and hydrant piping in contact with the soil, except those containing high viscosity product, shall have one or more of the following release detection methods:

(a) An annual line pressure test performed in accordance with Recommended Practice for the Pressure Testing of Steel Pipelines for the Transportation of Gas, Petroleum Gas, Hazardous Liquids, Highly Volatile Liquids, or Carbon Dioxide, API RP 1110, (R2018), 6th Edition, February 2013, hereby adopted and incorporated by reference, and available from the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, [phone], or at http://www.api.org/, regardless of the date of installation of the piping.

(b) through (d) No change.

(7) No change.

(8) All annual testing shall be performed at intervals not exceeding 12 months and will be deemed timely if performed within the same calendar month in which the test is due.

(9)(8) Operability test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C. Records shall be kept for three years generated on or after January 11, 2017. Records generated before January 11, 2017, are required to be kept for two years, in accordance with rule 62-762.711, F.A.C.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 1-11-17,                     .

 

62-762.701 Repairs, Operation and Maintenance of Shop Fabricated Storage Tank Systems.

(1) No change.

(2) Cathodic and corrosion protection.

(a) No change.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with cathodic protection, regardless of the date of installation of the storage tank system or storage tank system component, must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year, or every three years for factory installed (galvanic) cathodic protection systems, thereafter in accordance with the criteria contained in SP0169-2013, 2013 Edition, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C., and External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2021 2011, 2021 2011 Edition, hereby adopted and incorporated by reference, and available in paragraph 62-762.211(2)(g), F.A.C., regardless of the date of installation of the storage tank system or storage tank system component. All cathodic protection systems shall either have permanent test stations for soil-to-structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph.

2. No change.

(c) through (d) No change.

(3) No change.

(4) Operation and maintenance.

(a) Integrity testing.

1. The integrity of secondary containment systems and interstitial spaces, regardless of the date of installation of the storage tank system or storage tank system component, shall be verified by performing an interstitial or containment integrity test in accordance with manufacturer’s specifications. For storage tank system or system components without manufacturer integrity or containment testing specifications, PEI/RP1200-19 17, 2019 2017 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)8., F.A.C., shall be used. Secondary containment systems that use vacuum, pressure, or liquid level (hydrostatic) monitoring for release detection are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule:

a. through f. No change.

2. No change.

(b) through (c) No change.

(5) through (6) No change.

(7) When a storage tank system is registered out-of-service, the system shall continue to be maintained in accordance with subsection 62-762.801(1), F.A.C.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 6-21-04, Amended 1-11-17, 7-9-19,      .

 

62-762.702 Repairs, Operation and Maintenance of Field Erected Storage Tank Systems.

(1) No change.

(2) Cathodic and corrosion protection.

(a) No change.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with cathodic protection, regardless of the date of installation of the storage tank system or storage tank system component, must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year, or every three years for factory installed (galvanic) cathodic protection systems, thereafter in accordance with the criteria contained in SP0169-2013, 2013 Edition, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C., and SP0285-2021 2011, 2021 2011 Edition, incorporated by reference in subparagraph 62-762.701(2)(b)1., F.A.C. All cathodic protection systems shall either have permanent test stations for soil-to-structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph.

2. No change.

(c) through (d) No change.

(3) No change.

(4) Operation and maintenance.

(a) Integrity testing

1. The integrity of secondary containment systems and interstitial spaces shall be verified by performing an interstitial or containment integrity test in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C.; API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), incorporated by reference in subsection 62-762.411(3), F.A.C.; or PEI/RP1200-19 17, 2019 2017 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)8., F.A.C., as applicable, regardless of the date of installation of the storage tank system. Secondary containment systems that use vacuum, pressure, or liquid level (hydrostatic) monitoring for release detection and suction piping systems are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule:

a. through d. No change.

2. No change.

(b) through (c) No change.

(5) No change.

(6) Evaluation and testing. Tanks shall be evaluated and the re-testing frequency established and implemented in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C. Storage tanks shall be evaluated at the time of installation. Evaluations shall be certified by a professional engineer licensed in the State of Florida, or approved by an API Std 653 certified inspector. Non-destructive testing shall be performed by qualified personnel as specified in API Std 650, March 2020 2013, incorporated by reference in subsection 62-762.201(67), F.A.C., and API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020). All field erected tanks shall be repaired in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020),. Field erected tanks with storage capacities of less than 250,000 gallons may be evaluated in accordance with STI SP001, January 2018, incorporated by reference in subsection 62-762.411(3), F.A.C., in lieu of API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020).

(7) Evaluation and testing of single-walled metallic bulk product and hydrant piping systems. Single-walled metallic bulk product and hydrant piping systems in contact with the soil, excluding those containing high viscosity products, shall be evaluated and the re-testing frequency established and implemented in accordance with API 570, 4th Edition, February 2016, including includes Addendum 1 (2017) Addendum 2 (2018), and Errata 1 (2018), incorporated by reference in subsection 62-762.411(3), F.A.C. Evaluations shall be certified by a professional engineer licensed in the State of Florida or by an API 570 certified inspector. Non-destructive testing shall be performed by qualified personnel as specified in API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018). All single-walled metallic bulk product and hydrant piping systems in contact with the soil shall be repaired in accordance with API 570, 4th Edition, February 2016, including includes Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018).

(8) When a storage tank system is registered out-of-service, the system shall continue to be maintained in accordance with subsection 62-762.802(2), F.A.C.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 1-11-17, Amended 7-9-19,      .

 

62-762.711 Recordkeeping.

(1) No change.

(2) Records of the following generated on or after January 11, 2017, are required to be kept for three years. Records of the following generated before January 11, 2017, are required to be kept for two years:

(a) through (b) No change.

(c) All test data and results gathered during annual operability tests and integrity testing tests; and,

(d) No change.

(3) through (4) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 6-21-04, Amended 1-11-17,           .

 

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

(1) Out-of-service storage tank systems.

(a) No change.

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

1. through 4. No change.

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

6. Register the storage tank system out-of-service in accordance with Rule 62-762.401, F.A.C.; and,

7. Perform a visual inspection annually, not to exceed 12 months, of 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 62-762.711, F.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 62-762.431, F.A.C. If it is determined that a release has occurred while the system is out-of-service; and,  

a. 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 subsections 62-762.441(6)(a), (b), (e), (f), and (g), F.A.C. Repairs shall be made within 365 days of the discharge discovery in accordance with paragraphs 62-762.701(1)(a), (c), (d), (e), and (f), F.A.C. If the system cannot be repaired within 365 days after the discovery of the discharge, it shall be permanently closed pursuant to subsection 62-762.801(2), F.A.C.

b. 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 62-762.701(1)(a), (c), (d), (e), and (f), F.A.C., prior to bringing the storage tank system back into service.

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

1. through 3. No change.

4. Release detection device annual operability testing, containment and integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be current 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:

a. through b. No change.

(d) through (e) No change.

(2) Closure of storage tank systems.

(a) No change.

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

1. through 3. No change.

4. 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, 2021 2018 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C. 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,

5. through 7. No change.

8. Once a storage tank system has been properly closed pursuant to subsections 62-762.801(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 62-762.901(8), incorporated by reference in subsection 62-762.421(2), F.A.C., has 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 62-762.401(2), F.A.C.

(3) Closure Integrity Report, Closure Report, and Limited Closure Report.

(a) Closure Integrity Report.

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

21. No change.

32. A 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 17, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

43. No change.

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

5. through 7. No change.

(b) through (c) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19,         .

 

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

(1) No change.

(2) Out-of-service storage tank systems.

(a) No change.

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

1. through 4. No change.

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

6. Register the storage tank system out-of-service in accordance with Rule 62-762.401, F.A.C.; and,

7. Perform a visual inspection annually, not to exceed 12 months, of 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 62-762.711, F.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 62-762.431, F.A.C. If it is determined that a release has occurred while the system is out-of-service; and,

a. 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 subsections 62-762.441(6)(a), (b), (e), (f), and (g), F.A.C. Repairs shall be made within 365 days of the discharge discovery in accordance with paragraphs 62-762.702(1)(a), (c), (d), and (e), F.A.C. If the system cannot be repaired within 365 days after the discovery the discharge, it shall be permanently closed pursuant to subsection 62-762.802(3), F.A.C.

b. 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 62-762.702(1)(a), (c), (d), and (e), F.A.C., prior to bringing the storage tank system back into service.  

(c) Facility owners and operators of out-of-service storage tank systems shall monitor tank bottom release detection systems or devices annually, but not to exceed 12 months. The annual monitoring of tank bottom release detection systems or devices will be deemed timely if performed within the same calendar month in which the test is due. Records of these inspections shall be maintained in accordance with subsection 62-762.711(2), F.A.C. In the event that there is any positive response of a tank bottom release detection device, an INF must be submitted in writing or electronic format and an investigation as to the cause performed pursuant to Rule 62-762.431, F.A.C.

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

1. through 2. No change.

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

a. Structurally evaluated in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), for field erected tanks, incorporated by reference in subsection 62-762.411(3), F.A.C.; and,

b. No change.

(e) through (f) No change.

(g) Field erected tanks changing the type of product stored within the tank shall comply with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C.

(3) Closure of storage tank systems.

(a) No change.

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

1. through 3. No change.

4. 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, 2021 2018 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C. 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,

5. through 7. No change.

8. Once a storage tank system has been properly closed pursuant to subsections 62-762.802(3) and (4), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 62-762.901(8), incorporated by reference in subsection 62-762.421(2), F.A.C., has 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 62-762.401(2), F.A.C.

(4) Closure Integrity Report, Closure Report, and Limited Closure Report.

(a) Closure Integrity Report.

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

21. No change.

32. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled and double-bottomed storage tanks, double-walled integral piping, and double-walled hydrant sumps 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, API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), PEI/RP1200-19 17, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

43. No change.

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

5. through 7. No change.

(b) through (c) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17, Amended 10-17-19,                     .

 

62-762.901 Storage Tank Forms.

Storage Tank Forms are listed by form number, the subject title, effective date, and include the rule where the form is incorporated by reference. Copies of forms are available by writing to the Division of Waste Management, Florida Department of Environmental Protection, 2600 Blair Stone Road, M.S. 4500, Tallahassee, Florida 32399-2400, or available online at www.flrules.org, or on the Department website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. For electronic submittal of the Storage Tank Facility Registration Form go to http://www.fldepportal.com/go/submit-registration/, Storage Tank Registration.

(1) Form 62-762.901(1) Discharge Report Form, [FORM DATE] January 2017, incorporated by reference in subsection 62-762.411(5), F.A.C., and referenced in subsection 62-762.201(25), and paragraph 62-762.891(5)(c), F.A.C., and also available online here: <901(1) LINK> http://www.flrules.org/Gateway/reference.asp?No=Ref-07689.

(2) Form 62-762.901(2) Storage Tank Facility Registration Form, July 2019, incorporated by reference in paragraph 62-762.401(1)(b), F.A.C., and referenced in subsections 62-762.201(51), (60)(61) and (76), F.A.C., and paragraph 62-762.891(3)(a), F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10743.

(3) through (4) No change.

(5) Form 62-762.901(7) Closure Integrity Evaluation Report Form for ASTs, October 2019, incorporated by reference in paragraph 62-762.411(2)(c), F.A.C., and referenced in subsection 62-762.201(10) 62-762.201(1), and subparagraphs 62-762.801(2)(b)1., and 62-762.802(3)(b)1., F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10744.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.320, 376.322, 376.323 FS. History–New 1-11-17, Amended 7-9-19,                             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amanda Dorsett, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, FL 32399. [e-mail] or 850-245-8931.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 15, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 22, 2021