Revising the Underground Storage Tank Systems rules for clarity, revising references and removing language that is no longer applicable.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-761.100Intent

62-761.200Definitions

62-761.210Reference Standards

62-761.300Applicability

62-761.350Operator Training and Certification

62-761.400Registration and Financial Responsibility

62-761.405Notification

62-761.420Financial Responsibility

62-761.430Incidents

62-761.440Discharges

62-761.450Notification and Reporting

62-761.500Performance Standards for Category C Storage Tank Systems

62-761.510Performance Standards for Category-A and Category-B Storage Tank Systems

62-761.600Release Detection Standards

62-761.610Release Detection Methods

62-761.640Performance Standards for Release Detection Methods

62-761.700Repairs, Operation and Maintenance of Storage Tank Systems

62-761.710Recordkeeping

62-761.800Out-of-Service and Closure Requirements

62-761.820Incident and Discharge Response

62-761.850Alternative Requirements and Equipment Approvals

62-761.900Storage Tank Forms

PURPOSE AND EFFECT: Revising the Underground Storage Tank Systems rules for clarity, revising references and removing language that is no longer applicable.

SUBJECT AREA TO BE ADDRESSED: In the “Definition” section, the revisions remove definition terms that are in the statute or no longer used in rule and added certain terms for clarity. Clarifying title “Reference Standards” to “Reference Requirements,” and internet web addresses were added for those technical requirements providing digital access to industry. These technical requirements to be incorporated by reference have been updated to conform to revisions published and adopted by the American Society of Mechanical Engineers, Petroleum Equipment Institute, National Fire Protection Association, National Institute of Standards and Technology and the National Work Group on Leak Detection. In the “Applicability” section, revisions remove terms and text that are redundant or not applicable to the regulation and clarify text that may conflict with other regulations found in Chapter 62-780, F.A.C. This section further clarifies rule language by defining “small quantities” of regulated substances under exemptions and expands the pipeline definition, reducing department regulatory oversight of that industry sector. Additionally, this proposed revision adds exemptions for storage tank systems that contain a regulated substance at low concentration. In the “Registration” section, registration requirements are clarified and provide detail about valid registration placards. The Financial Responsibility subsection is proposed to be relocated into a stand-alone Rule 62-761.420, F.A.C. The “Notification” section creates a complete list for when the Department is noticed and eliminates the term “reporting.” “Incidents” and “Discharges” are separated for clarity and extend time for the tank owner to conduct an initial incident investigation, thereby expanding time for notification to the department for unresolved incidents. Language is revised to define types of discharges and broadens discharge response to coordinate with language and tables in Chapter 62-780, F.A.C. The proposed revisions for “Release Detection” combines two subsections into one rule, thereby creating a comprehensive list for release detection requirements for clarity. It also clarifies the topic of integrity testing under operation and maintenance, including a schedule for containment and integrity testing. The proposed revision eliminates confusing or outdated language in the “Recordkeeping” section. The number of years to retain records is increased from two to five years allowing the department to move from an annual inspection to a triennial inspection cycle. This would reduce department regulatory oversight of industry while maintaining federal inspection requirements. “Alternative Requirements and Equipment Registration” is proposed to be revised from an approval process (type of permitting) to a simpler registration process. This would reduce department regulatory burden on industry without lowering environmental standards or safeguards.

RULEMAKING AUTHORITY: 376.303 FS.

LAW IMPLEMENTED: 376.302, 376.303, 376.305, 376.3072, 376.3077, 376.309, 376.322 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 17, 2013, 8:30 a.m. until no later than 11:30 a.m.

Workshop attendance via webinar at: https://www2.gotomeeting.com/register/880361098 with audio via call in number [phone] passcode: 8135053297 then #

PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, Tallahassee, FL

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: William E. Burns, Jr., Department of Environmental Protection, 2600 Blair Stone Rd., 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: William E. Burns, Jr., Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399, [e-mail] or [phone]. Copy of the preliminary draft is available online at: http://www.dep.state.fl.us/waste/categories/pcp/pages/announcements.htm

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.