Reference Guidelines, Notification, Storage Tank System Requirements, Out-of-Service and Closure Requirements

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-761.210Reference Guidelines

62-761.405Notification

62-761.500Storage Tank System Requirements

62-761.800Out-of-Service and Closure Requirements

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.

62-761.210 Reference Guidelines.

(1) Reference guidelines listed in paragraphs 62-761.210(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-10742, or the Department address listed above. All other secondary references can be obtained through the following reference guidelines.

(2) Titles of documents. References to the following documents listed in paragraphs 62-761.210(2)(a) through (n), F.A.C., are made throughout this chapter. Each document or part thereof is adopted and incorporated by reference only to the extent that it is specifically referenced in this chapter. To the extent that the provisions contained in the following reference guidelines conflict with this chapter, the Department’s requirements as stated in this chapter shall control.

(a) through (d) No change.

(e) Florida Department of Environmental Protection (DEP). A copy of the following document is available at the Department located at 2600 Blair Stone Road, Tallahassee, Florida 32399, [phone], or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, or at the following website location: http://www.flrules.org/Gateway/reference.asp?No=Ref-10770, Instructions for Conducting Sampling During Underground Storage Tank Closure, June 2019 December 2018 Edition.

(f) through (l) No change.

(m) Underwriters’ Laboratories Standards (UL). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, [phone], or from the publisher’s website at www.ul.com/:

1. through 2. No change.

3. Standard for Fibre Reinforced Underground Tanks for Flammable and Combustible Liquids (formerly Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures), UL/ULC 1316, January 1994, Revised November 2018, 3rd 2nd Edition. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-10742, or the Department address listed in subsection 62-761.210(1), F.A.C.,

4. through 5. No change.

(n) No change.

(3) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.210, Amended 7-13-98, 6-21-04, 1-11-17,              .

 

62-761.405 Notification.

(1) through (4) No change.

(5) 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 62-761.405(4), 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, Amended.

Editorial Note: Portions of this rule were copied from 62-761.450, Formerly 17-761.450, F.A.C.

 

62-761.500 Storage Tank System Requirements.

(1) No change.

(2) Storage tank installation.

(a) No change.

(b) Fiberglass reinforced plastic double-walled tanks shall be constructed in accordance with the following document: Standard for Fibre Reinforced Underground Tanks for Flammable and Combustible Liquids (formerly Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures), UL/ULC 1316, January 1994, Revised November 2018, 3rd 2nd Edition, available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, [phone], or from the publisher’s website at www.ul.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.; or these tanks shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2), F.A.C.

(c) through (h) No change.

(3) through (7) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Amended 5-4-92, Formerly 17-761.500, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17,              .

 

62-761.800 Out-of-Service and Closure Requirements.

(1) through (2) No change.

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

(a) Closure Integrity Report.

1. through 4. No change.

5. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with subsection 62-761.405(3), F.A.C., and the investigation of the incident in accordance with subsection 62-761.430, F.A.C. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, June 2019 December 2018 Edition, hereby adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10770, or the Department address given in paragraph 62-761.210(1)(e), F.A.C., or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, regardless of the date of installation of the storage tank system or system component being closed.

6. The owner or operator who does not or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 62-761.800(3)(a), F.A.C., before the storage tank system or system component has been removed or closed in-place, regardless of the date of installation of the storage tank system or system component, shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, June 2019 December 2018 Edition.

(b) Closure Report. In cases where an investigation is conducted at the time of closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, June 2019 December 2018 Edition, a Closure Report shall be submitted in writing or electronic format to the County within 60 days of completion of the system or system component closure, replacement, or change in service from a regulated substance to a non-regulated substance. The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, June 2019 December 2018 Edition.

(c) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History–New 12-10-90, Formerly 17-761.800, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17,              .

 

Form 62-761.900(3) Financial Mechanisms for Storage Tanks: Page 26 of 42 on the Certification of Acknowledgement for Storage Tank Standby Trust Fund Agreement may be witnessed or notarized, and blanks for a witness's signature and printed name have been added, along with the word "or" between the two signature options.

 

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

 

Reference Guideline Instructions for Conducting Sampling During Underground Storage Tank Closure, June 2019, has been edited to clarify department approved methods and protocols on page 4 and page 15, and the version date updated.

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