Definitions, Reference Guidelines, Notification, Financial Responsibility, Incidents, Storage Tank System Requirements for Shop Fabricated Storage

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-762.201Definitions

62-762.211Reference Guidelines

62-762.411Notification

62-762.421Financial Responsibility

62-762.431Incidents

62-762.501Storage Tank System Requirements for Shop Fabricated Storage

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. 45 No. 62, March 29, 2019 issue of the Florida Administrative Register.

62-762.201 Definitions.

All words and phrases defined in Sections 376.031, and 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, and 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 (53) No change.

(54) “Pesticides” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses, bacteria, or fungi on or in living humans or other animals, which the Department of Agriculture and Consumer Services by rule declares to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; however, the term “pesticide” does not include any article that:

(a) Is a “new animal drug” within the meaning of 21 U.S.C. § 321(v) of the Federal Food, Drug, and Cosmetic Act;

(b) No change.

(c) Is an animal feed within the meaning of 21 U.S.C. § 321(w) of the Federal Food, Drug, and Cosmetic Act bearing or containing an article covered in this subsection.

(55) through (75) renumbered (54) through (74) No change.

(75) 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,  .

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 Appendix A – Secondary References, May 2019 April 2016, hereby adopted and incorporated by reference, located here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10747, or the Department address listed above. All other secondary references can be obtained through the following reference guidelines.

(2) Titles of documents. References to documents listed in paragraphs 62-762.211(2)(a) through (n), F.A.C., below are made throughout this chapter. Each document or part thereof is adopted and incorporated by reference only to the extent that it is specifically referenced in this chapter. To the extent that the provisions contained in the following reference guidelines conflict with this chapter, the Department’s requirements as stated in this chapter shall control.

(a) through (f) No change.

(g) 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 NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, [phone], or at http://www.nace.org/:

1. Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (formerly External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms), NACE Standard SP0193-2016-SG (formerly RP0193-2001), 2016 Edition,

2. through 4. No change.

(h) through (k) No change.

(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® Flameshield® Standard for Fire Tested Tanks, STI F001, April 2017. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-10747,

2. through 8. No change.

(m) through (n) No change.

(3) No change.

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

 

62-762.411 Notification.

(1) through (6) No change.

(7) Facility owners and operators are advised that notice must be provided through the State Watch Office if the discharge is a reportable pollution release as defined by Section 403.077, F.S. In addition to providing the Discharge Report Form in accordance with subsection 62-762.411(5), F.A.C., facility owners or operators may be required to provide notice through the State Watch Office pursuant to Section 403.077, F.S.

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

Editorial Note: Portions of this rule were copied from Rule 62-762.451, F.A.C.

 

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, revised July 15, 2015, hereby adopted and incorporated by reference and available at from the publisher at the Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07664, except that: or https://www.ecfr.gov/cgi-bin/text-idx?SID=fc39ac52f9d11adfefd71beee374f05d&pitd=20150715&node=pt40.27.280&rgn=div5, or the Department address located in subsection 62-762.211(1), F.A.C. However,

(a) Department Form 62-761.900(3) effective date, Form Date, Financial Mechanisms for Storage Tanks, hereby adopted and incorporated by reference, and available in Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10737, or the Department’s website at 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; except that:

(b)(a) All references to underground storage tank(s) (UST) within 40 CFR Part 280, Subpart H, as adopted by reference herein, shall mean aboveground storage tank(s) (AST);,

(c)(b) 40 CFR Part 280.90(c) is not adopted as part of this rule;,

(d)(c) Owners or operators of petroleum or petroleum product aboveground storage tanks must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum or petroleum product aboveground storage tanks in at least the following per-occurrence and annual aggregate amounts:

1. For a facility with a storage tank system or systems with a cumulative capacity greater than 550 gallons and less than or equal to 10,000 gallons, the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $500,000.00 per incident and $1 million annual aggregate.

2. For a facility with a storage tank system or systems with a cumulative capacity greater than 10,000 gallons and less than or equal to 30,000 gallons, the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $1 million per incident and $1 million annual aggregate.

3. For a facility with a storage tank system or systems with a cumulative capacity greater than 30,000 gallons and less than or equal to 250,000 gallons the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $1 million per incident and $2 million annual aggregate.

4. For a facility with a storage tank system or systems with a cumulative capacity greater than 250,000 gallons, the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $3 million per incident and $6 million annual aggregate.

(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,           . 

Editorial Note: Portions of this rule were copied from Rule 62-762.401, F.A.C.

 

62-762.431 Incidents.

(1) through (3) No change.

(4) In cases where an INF is required to be submitted, the investigation shall be completed within 14 days of the date of discovery of the incident to determine if a discharge has occurred. Incident investigations that require additional time can be extended for cause with the prior written approval of the Department or the county. For cause includes issues that are out of the control of the owner such as a local government permitting delay, lack of contractor availability within the 14-day time period, or engineering constraints.  

(5) through (8) No change.

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

Editorial Note: Portions of this rule were copied from Rule 62-762,821, F.A.C.

 

62-762.501 System Requirements for Shop Fabricated Storage Tanks.

(1) 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 e. No change.

f. Steel Tank Institute Standard for Fire Tested Tanks Flameshield® Flameshield® Standard for Fire Tested Tanks, STI F001, April 2017. To obtain this reference from the publisher, see paragraph 62-762.211(2)(l), F.A.C.;

g. through h. No change.

2. No change.

(c) Cathodic and corrosion protection. Steel tanks in contact with the soil shall have a cathodic or corrosion protection system meeting the following requirements:

1. The cathodic protection system shall be designed, constructed, and installed in accordance with Cathodic Protection of Aboveground Petroleum Storage Tanks, API RP 651, 4th Edition, September 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 API, 1220 L Street, N.W., Washington, D.C. 20005, [phone], or at http://www.api.org/; and Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (formerly External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms), NACE Standard SP0193-2016-SG (formerly RP0193-2001), 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 NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, [phone], or at http://www.nace.org/,

2. through 5. No change.

(d) through (j) No change.

(3) through (4) No change.

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

 

Reference Guideline Appendix A – Secondary References, May 2019 has been updated with citations of secondary reference guidelines found in primary reference guidelines.

To view Storage Tank Rulemaking revisions, go to https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-systems-rulemaking.