Revising language for clarification in certain Underground Storage Tank Systems rules.  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NOS.:RULE TITLES:

    62-761.200Definitions

    62-761.210Reference Guidelines

    62-761.300Applicability

    62-761.400Facility Registration

    62-761.405Notification

    62-761.420Financial Responsibility

    62-761.430Incidents

    62-761.500Storage Tank System Requirements

    62-761.700Repairs, Operation and Maintenance

    62-761.800Out-of-Service and Closure Requirements

    62-761.850Alternative Procedures, Equipment Registration and Registration of Operator Training Providers

    62-761.900Storage Tank Forms

    PURPOSE AND EFFECT: Revising language for clarification in certain Underground Storage Tank Systems rules.

    SUMMARY: In the “Definition” section, correcting federal rule citation and clarifying language. In “Reference Guidelines”, updating reference guidance documents to current editions. In "Applicability", updating reference guidelines. In “Facility Registration”, adding clarifying language. In "Notification", updating form date. In “Financial Responsibility”, clarifying language and sentence structure, and revising forms. In “Incidents”, clarifying language is included and removal of conflicting timeline. In the “Storage Tank System Requirements”, including clarifying language and updating reference guideline editions. Also revising the overfill protection subsection to be consistent with federal suggested interpretation that reduces regulatory burden on industry without lowering environmental standards or safeguards. In “Repairs, Operation and Maintenance”, adding clarifying language and updating reference guideline editions. Also clarifying ambiguous integrity testing requirements for equipment over the surface waters of the state due to the revision of a term. In "Alternative Procedures, Equipment Registration and Registration of Operator Training Providers", updating form. In “Out-of-Service and Closure Requirements”, adding clarifying language, updating reference guideline editions, and rearranging sentence structure for clarity. In "Alternative Procedures, Equipment Registration and Registration of Operator Training Providers", updating Equipment Registration form. In “Storage Tank Forms”, updating forms.

    OTHER RULES INCORPORATING THIS RULE: 40C-3.411, 40C-3.502, 40C-3.517, 40C-3.521, 40D-3.502, 40D-3.521, 40E-3.411, 40E-3.502, 62-521.400, 62-555.312, 62-555.520, 62-701.300, 62-710.401, 62-713.600, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-762.421, 62-780.210, and 62-780.600.

    EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-761, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following rules: 40C-3.411, 40C-3.502, 40C-3.521, 40D-3.502, 40D-3.521, 40E-3.411, 40E-3.502, 62-521.400, 62-555.312, 62-555.520, 62-701.300, 62-710.401, 62-713.600, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-762.421, 62-780.210, and 62-780.600. Amendments to Chapter 62-761, F.A.C., will have an impact to Rules 62-555.312 and 62-555.520, F.A.C. which need to be updated to reflect that Chapters 62-761 and 62-762, F.A.C., were separated into two rules effective June 21, 2004. Rule 40C-3.517 cites repealed rule 62-761.640, and should cite 62-761.600, F.A.C.

    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 not been prepared by the Agency.

    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: Revisions to the rules are based on updates and clarifications. The proposed revisions are not expected to incur costs to industry stakeholders.

    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, FS.

    LAW IMPLEMENTED: 376.30, 376.301, 376.303, 376.30716, 376.3073, 376.3077, 376.308, 376.309, 403.077, 403.091, 403.141, 403.161, 489.133, 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 22, 2019, 9:00 a.m. until no later than 11:30 a.m.

    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. bill.burns@floridadep.gov or (850)245-8842. 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: William E. Burns, Jr., Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. bill.burns@floridadep.gov or (850)245-8842. Copies of the proposed draft documents are available at https://floridadep.gov/waste/permitting-compliance-assistance/content/compliance-assistance-program-announcements.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    62-761.200 Definitions.

    All words and phrases defined in section 376.301, F.S., shall have the same meaning when used in this chapter unless specifically stated otherwise in this chapter. See section 376.301, F.S., for definitions of the following terms: “Contaminant,” “Department,” “Discharge,” “Facility,” “Flow-through process tank,” “Hazardous substances,” “Operator,” “Owner,” “Petroleum,” “Petroleum product,” and “Pollutants.” The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meaning:

    (1) through (9) No change.

    (10) “Closure Integrity Evaluation” is an assessment of storage tank system integrity that is performed by a third-party inspection or testing entity at closure, replacement, or change in service from a tank containing regulated substance to a non-regulated substance. The evaluation is a physical test of interstitial tightness or visual inspection of the interstice of a secondarily contained storage tank system, secondarily contained storage tank system component, or a primary integrity test of a single-walled storage tank, or containment integrity test of a single-walled piping sump, dispenser sump, or spill containment system.

    (11) No change.

    (12) “Closure Report” is a report prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, December 2018 April 2016 Edition.

    (13) through (41) No change.

    (42) “Pesticides” means any substance or mixture of substances, as defined in section 487.021, F.S., 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) s.201(w) 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) s.201(x) of the Federal Food, Drug, and Cosmetic Act bearing or containing an article covered in this subsection.

    (43) No change.

    (44) “Piping sump” or means a storage tank system component installed as secondary containment or a monitoring port at the lowest point in the integral piping to detect releases. Piping sumps do not include impervious pits or trenches which contain integral or bulk product piping so long as such pits or trenches are open on the top or have grating on the top that allow the integral or bulk product piping to be visually inspected.

    (45) through (58) No change.

    (59) “Sump” means a storage tank system component installed as secondary containment to prevent discharges of regulated substances. Sumps include dispenser sumps, piping sumps, spill containment systems and hydrant sumps. Hydrant sumps or hydrant pits are any secondary containment system associated with hydrant piping, including hydrant pits, isolation valve pits, valve access pits, and control pits but excludes double-walled piping.

    (59) through (61) renumbered (60) through (62) No change.

    Rulemaking Authority 376.303 FS. Law Implemented 376.301, 376.303, 489.133 FS. History–New 12-10-90, Amended 5-4-92, 3-8-94, Formerly 17-761.200, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17   .

     

    62-761.210 Reference Guidelines.

    (1) No change.

    (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) No change.

    (b) American Petroleum Institute (API). 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 API, 1220 L Street, N.W., Washington, D.C. 20005, (202)682-8000, or the publisher’s website at http://www.api.org/:

    1. Closure of Underground Petroleum Storage Tanks, API Recommended Practice 1604 (R2010), 3rd Edition, March 1996 (Reaffirmed, November 2001),

    2. No change.

    3. Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API Recommended Practice 1632 (R2010), 3rd Edition, May 1996, (Reaffirmed, June 2002); and,

    4. Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals, API Recommended Practice 1637 (R2012), 3rd Edition, July 2006 (Reaffirmed, May 2012). Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.

    (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 62-761.210(1), F.A.C., or from the publisher at ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, (800)843-2763, or the publisher’s website at http://www.asme.org/: Process Piping, ASME B31.3, 2016 2014 Edition.

    (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, (850)245-8705, 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-07662, Instructions for Conducting Sampling During Underground Storage Tank Closure, December 2018 April 2016 Edition.

    (f) No change.

    (g) National Fire Protection Association (NFPA). 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 NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/:

    1. Flammable and Combustible Liquids Code, NFPA 30, 2018 2015 Edition;

    2. Temporarily Out of Service, Closure in Place, or Closure by Removal of Underground Storage Tanks, NFPA 30 (Annex C), 2018 2015 Edition; and,

    3. Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2018 2015 Edition.

    (h) through (i) No change.

    (j) Petroleum Equipment Institute (PEI). 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 PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or the publisher’s website at www.pei.org/:

    1. Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-17 11, 2017 2011 Edition; and,

    2. Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, PEI/RP1200-17 12, 2017 2012 Edition.

    (k) No change.

    (l) Steel Tank Institute (STI). 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 STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847) 438-8265, or from the publisher’s website at https://www.steeltank.com/:

    1. sti-P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, sti-P3®, Revised May 2018 November 2015. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.,

    2. Specification for External Corrosion Protection of FRP Composite Steel USTs – ACT-100®, STI F894, Revised May 2018 November 2015. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.,

    3. Cathodic Protection Testing Procedures for sti-P3® UST’s, STI R051-17 06, (R051), Revised April 2017 January 2006,

    4. through 5. 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, (847)272-8800, or from the publisher’s website at www.ul.com/:

    1. Steel Underground Tanks for Flammable and Combustible Liquids, UL 58, July 1998, Revised January 2018, 10th 9th Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.,

    2. Non-metallic Underground Piping for Flammable Liquids, UL 971, October 1995, Revised March 2006, 1st 2nd Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.,

    3. Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, UL 1316, January 1994, Revised November 2018 May 2006, 2nd Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.,

    4. External Corrosion Protection Systems for Steel Underground Storage Tanks, UL 1746, January 2007, Revised December 2014, 3rd Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.; and,

    5. Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems, UL 1856, June 2013, 1st Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07649, or the Department address listed in subsection 62-761.210(1), F.A.C.

    (n) United States Government Printing Office, Federal Digital System, Code of Federal Regulations, Electronic Code of Federal Regulations. Copies of the following documents are available at U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, (202)512-1800, or from the publisher’s website at http://www.ecfr.gov/cgi-bin/ECFR?SID=dbbcbc9f2acd236910a67035e0e599bd&page=browse:

    1. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280, July 15, 2015; published by 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, or https://www.ecfr.gov/cgi-bin/text-idx?SID=fc39ac52f9d11adfefd71beee374f05d&pitd=20150715&node=pt40.27.280&rgn=div5 https://www.ecfr.gov/cgi-bin/ECFR?page=browseprevious&pitd=00000000&SID=b4aa1b4450ccd422c899ad31b3659271; and,

    2. 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,_____.

     

    62-761.300 Applicability.

    (1) No change.

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

    (a) through (b) No change.

    (c) Any pesticide waste degradation system regulated under Chapter 62-660, F.A.C.;

    (d) through (l) No change.

    (m) Any residential storage tank system used solely for residential purposes. However, under Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR C.F.R. Part 280, July 15, 2015, residential tanks greater than 1,100 gallons containing motor fuels are subject to federal underground storage tank rules. This document is hereby adopted and incorporated by reference and available from the publisher at the Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, NW, Washington, DC 20401-0001, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07664, or https://www.ecfr.gov/cgi-bin/text-idx?SID=fc39ac52f9d11adfefd71beee374f05d&pitd=20150715&node=pt40.27.280&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=77a4ede7eedef2cdb918cb52715a2d55&node=sp40.27.280.h&rgn=div6, or the Department address located in subsection 62-761.210(1), F.A.C.

    (n) through (r) No change.

    (s) Any storage tank system containing radionuclides or that is part of an emergency generator system for nuclear power generation at facilities regulated by the Nuclear Regulatory Commission under 10 CFR C.F.R. Part 50, Appendix A;

    (t) through (u) No change.

    (v) Any rail or tanker truck loading or unloading operations (loading racks) specified in Chapter 28 of Flammable and Combustible Liquids Code, Bulk Loading and Unloading Facilities for Tank Cars and Tank Vehicles, NFPA 30, 2018 2015 Edition, hereby adopted and incorporated by reference and available from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/, or the Department address located in subsection 62-761.210(1), F.A.C.

    Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.300, Amended 7-13-98, 6-21-04, 1-11-17,_____.

     

    62-761.400 Facility Registration.

    (1) For installations:

    (a) No change.

    (b) For new facilities, which are facilities that began construction after January 11, 2017, a completed Form 62-761.900(2), Storage Tank Facility Registration Form (Registration Form), effective date, Form Date January 2017, hereby adopted and incorporated by reference, shall be submitted in electronic or paper format to the Department no later than 30 days prior to installation. For facilities with existing registered storage tank systems, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than seven days prior to regulated substances being put into any new storage system. The Department encourages the electronic submittal of the Registration Form available online here: http://www.fldepportal.com/go/submit-registration/, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-07654, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

    (c) A completed Form 62-761.900(5), Underground Storage System Installation and Removal Form for Certified Contractors (Certified Contractors Form), effective date, Form Date January 2017, hereby adopted and incorporated by reference, shall be submitted in paper or electronic format to the County no later than 21 days after installation of a storage tank system, storage tank, or integral piping. To obtain copies of this form see Rrule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07656, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

    (2) For change in service status or closure pursuant to Rrule 62-761.800, F.A.C.:

    (a) No change.

    (b) A completed Certified Contractors Form shall be submitted to the county in paper or electronic format no later than 21 days after replacement or removal of a storage tank system, including system components in contact with the soil.

    (3) through (5) No change.

    (6) Revocation of Registration Placard.

    The Department may revoke a registration placard for noncompliance violation(s) for the failure to:

    (a) through (d) No change.

    The Department shall provide written notice to the owner and operator of the underground storage tank system facility 30 business days prior to denying or revoking a registration placard. Owners of facilities shall give written notice to the Department when such deficiencies are corrected and the county or Department shall re-inspect the facility, or otherwise determine if the deficiencies have been corrected, within two business days of receiving such notice. The Department shall release revoked registration placards within three business days of the re-inspection¸ or other confirming activity, if all deficiencies have been corrected to the Department’s satisfaction. The Department shall establish, maintain, and post on its website web site a list of previously registered facilities that do not have a valid registration placard. This list will not include previously registered facilities for which all storage tank systems have been closed or removed in accordance with Department rules.

    (7) No change.

    Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3077, 489.133 FS. History–New 12-10-90, Formerly 17-761.400, Amended 9-30-96, 7-13-98, 6-21-04, 8-7-14, 1-11-17,               .

    Editorial Note: Portions of this rule were relocated to Rule 62-761.420, F.A.C.

     

    62-761.405 Notification.

    (1) No change.

    (2) For change in service status and closure:

    (a) through (b) No change.

    (c) A Closure Integrity Evaluation Report Form for USTs 62-761.900(7), (Closure Integrity Report), effective date, Form Date January 2017, hereby adopted and incorporated by reference, as prepared in accordance with paragraph 62-761.800(3)(a), F.A.C., must be provided to the county with the notification of closure or change in service from a regulated substance to a non-regulated substance. To obtain copies of this form see Rrule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07658, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

    (d) No change.

    (3) through (4) No change.

    (5) 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.

     

    62-761.420 Financial Responsibility.

    (1) No change.

    (2) Financial responsibility shall be maintained and demonstrated to the county or Department for all storage tank systems until the storage tank systems are properly closed pursuant to subsections 62-761.800(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for USTs 62-761.900(8), effective date, Form Date January 2017, hereby adopted and incorporated by reference, is submitted to and approved by the county or the Department. To obtain copies of Form 62-761.900(8), see Rrule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07659, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. Pursuant to section 376.309(1), F.S., the facility owner is required to establish and maintain evidence of financial responsibility and is liable in event of noncompliance. If the facility owner, facility operator, tank owner, and tank operator are separate persons, then evidence of financial responsibility may be demonstrated if one of those persons obtains financial responsibility on behalf of the facility owner.

    (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 C.F.R. Part 280, Subpart H, July 15, 2015, incorporated by reference in paragraph 62-761.300(2)(m), F.A.C., and obtained in paragraph 62-761.210(2)(n), F.A.C. However, Department Form 62-761.900(3), effective date, Form Date January 2017, Financial Mechanisms for Storage Tanks, hereby adopted and incorporated by reference, and available in Rrule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07661, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, shall can be used in lieu of the United States Environmental Protection Agency’s financial wording mechanisms. Holders of financial responsibility mechanisms and facility owners are encouraged to permanently maintain evidence of financial responsibility and all correspondence with respect to coverage and claims.

    (4) The appropriate part(s) of Form 62-761.900(3) shall be completed and maintained used when demonstrating proof of financial responsibility under this rule, and Form 62-761.900(3) Part P will satisfy the Certification of Financial Responsibility requirements of 40 CFR C.F.R. 280.111(b)(11). Facility owners shall ensure that copies of the current financial responsibility document(s) are available for inspection at the facility where the storage tank system(s) is located or at their place of business. Records kept off-site shall be made available for inspection by the Department or County within five business days from the receipt of the Department’s or county’s request. Facility owners are required to maintain evidence of financial responsibility mechanisms in accordance with paragraph 62-761.710(3)(h), F.A.C., and are encouraged to maintain all correspondence associated with coverage and claims.

    (5) Financial requirements for the purpose of this rule, regardless of the date of installation of storage tank systems, shall comply with this Rule 40 C.F.R. Part 280, Subpart H, July 15, 2015.

    (6) through (7) No change.

    (8) Government-owned facilities demonstrating proof of financial responsibility using a financial test or government fund must prepare the relevant parts of Form 62-761.900(3), within 180 days after the close of each succeeding fiscal year.

    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_____.

    Editorial Note: Portions of this rule were copied from Rule 62-761.400, F.A.C.

     

    62-761.430 Incidents.

    (1) Incidents include:

    (a) The following positive responses of release detection devices or methods described in Rrule 62-761.600, F.A.C.:

    1. No change.

    2. Any alarm that indicates that liquid, vacuum, or pressure monitoring levels are not being maintained, or that liquid has been detected by a sensor in a normally dry interstice or a dispenser, piping or containment sump,

    3. through 7. No change.

    8. Any instance where a monitoring device has shut off the pump; and,

    9. Liquid in excess of one inch in an out-of-service storage tank; and,.

    10. Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems.

    (b) through (f) No change.

    (2) 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 with the prior written approval of the Department or county. However, if the investigation goes beyond 45 days of the date of discovery, the storage tank system or system component shall be placed out-of-service until such time the investigation is completed and resolved.

    (5) through (8) No change.

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

    Editorial Note: Portions of this rule were copied from Rule 62-761.820, Formerly 17-761.820, F.A.C.

     

    62-761.500 Storage Tank System Requirements.

    (1) General requirements.

    (a) No change.

    (b) Secondary containment.

    1. through 3. No change.

    4. 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 integrity testing specifications, PEI/RP1200-17, 2017 Edition shall be used. PEI RP1200-17 is the Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, PEI/RP1200-12, 2012 Edition, hereby adopted and incorporated by reference, and available at the Department address located in subsection 62-761.210(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, 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.

    5. An interstitial integrity test shall be performed on the storage tank after it is delivered and installed at the facility and before the storage tank is placed into service. This test shall be performed in accordance with manufacturer’s requirements. For storage tanks without manufacturer’s interstitial integrity testing specifications, PEI/RP100-17, 2017 Edition shall be used. PEI/RP100-17 is or with the following document hereby adopted and incorporated by reference, and available at the Department address located in subsection 62-761.210(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or the publisher’s website at www.pei.org/: Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-17 11, 2017 2011 Edition; and PEI/RP1200-17 12, 2017 2012 Edition.

    6. An interstitial integrity test shall be performed on integral piping in accordance with PEI/RP100-17 11, 2017 2011 Edition, and PEI/RP1200-17 12, 2017 2012 Edition, before the integral piping is placed into service.

    7. If double-walled spill containment systems or double-walled sumps are installed on the system, 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/RP1200-17 12, 2017 2012 Edition, shall be used before the component is placed into service.

    (c) through (e) No change.

    (f) All storage tank systems shall be installed in accordance with the following reference guidelines, hereby adopted and incorporated by reference, and available from the Department’s address given in subsection 62-761.210(1), F.A.C.:

    1. No change.

    2. Flammable and Combustible Liquids Code, Storage of Liquids in Tanks – Underground Tanks, Chapter 23 of NFPA 30, 2018 2015 Edition, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C. To obtain this reference from the publisher, see paragraph 62-761.210(2)(g), F.A.C.;

    3. Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2018 2015 Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(g), F.A.C.;

    4. Process Piping, ASME B31.3, 2016 2014 Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(c), F.A.C.; and

    5. Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-17 11, 2017 2011 Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(j), F.A.C.

    (g) Storage tanks with field-fabricated internal secondary containment shall be installed in accordance with the following manufacturer’s specifications, hereby adopted and incorporated by reference, and available from the Department address in subsection 62-761.210(1), F.A.C.:

    1. Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems, UL 1856, June 2013, 1st Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(m), F.A.C.; and,

    2. No change.

    (h) through (i) 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: Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, UL 1316, January 1994, Revised November 2018 May 2006, 2nd Edition, available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, 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) Cathodically protected double-walled steel tanks shall be registered in accordance with subsection 62-761.850(2), F.A.C., and shall be:

    1. Constructed in accordance with the following documents: Steel Underground Tanks for Flammable and Combustible Liquids, UL 58, July 1998, Revised January 2018, 10th 9th Edition, and External Corrosion Protection Systems for Steel Underground Storage Tanks, UL 1746, January 2007, Revised December 2014, 3rd Edition, hereby adopted and incorporated by reference, and are available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher’s website at www.ul.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.;

    2. Constructed in accordance with the following document: sti-P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, sti-P3®, Revised May 2018 November 2015, Steel Tank Institute (STI), hereby adopted and incorporated by reference, and is available from the publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847)438-8265, or from the publisher’s website at https://www.steeltank.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.;

    3. through 4. No change.

    (d) Double-walled steel tanks coated with fiberglass reinforced plastic shall be constructed in accordance with UL 58, July 1998, Revised January 2018, UL 1746, January 2007, Revised December 2014, and Specification for External Corrosion Protection of FRP Composite Steel USTs – ACT-100®, STI F894, Revised May 2018 November 2015, 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. STI F894, Revised May 2018 November 2015, is hereby adopted and incorporated by reference, and available from the publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847)438-8265, or from the publisher’s website at https://www.steeltank.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.

    (e) Jacketed steel tanks shall be constructed in accordance with UL 1746, January 2007, Revised December 2014, or 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.

    (f) through (h) No change.

    (3) Integral piping.

    (a) All integral piping, including remote fill piping that is in contact with the soil, shall have secondary containment, with the exception of vertical fill piping equipped with a drop tube.

    (b) through (c) No change.

    (d) Construction requirements.

    1. Fiberglass reinforced plastic integral piping or other non-metallic double-walled integral piping installed in contact with the soil at a facility shall meet the requirements of Non-metallic Underground Piping for Flammable Liquids, UL 971, October 1995, Revised March 2006, 1st 2nd Edition, or 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. UL 971, October 1995, Revised March 2006, is hereby adopted and incorporated by reference, and is available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher’s website at www.ul.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.

    2. Coated steel double-walled integral piping shall be constructed in accordance with ASME B31.3, 2016 2014 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 Recommended Practice 1632, (R2010) 3rd Edition, May 1996, (Reaffirmed, June 2002); Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 Edition; 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 from the Department or individual addresses given in subsections 62-761.210(1) and (2), F.A.C.

    3. Metallic double-walled integral piping constructed of nonferrous materials, such as copper, does not require cathodic protection and shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2018 2015 Edition, Flammable and Combustible Liquids Code, Piping System.

    4. Metallic single-walled vertical fill piping does not require cathodic protection and shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2018 2015 Edition, Flammable and Combustible Liquids Code, Piping Systems.

    5. No change.

    (e) No change.

    (f) Pressurized 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, 2018 2015 Edition, Motor Fuel Dispensing Facilities and Repair Garages, Requirements for Dispensing Devices. 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/RP1200-17 12, 2017 2012 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.

    (g) All storage tank systems located at an elevation that produces a gravity head on integral piping positioned below the product level in the storage tank must be installed and maintained with an isolation block valve in accordance with Chapter 22.13 of NFPA 30, 2018 2015 Edition, Flammable and Combustible Liquids Code, Tank Openings Other Than Vents, and located as close as practical to the storage tank, regardless of the date of installation of the storage tank system. In addition, anti-siphon valves shall be installed and maintained in accordance with Section 11.2 of NFPA 30A, 2018 2015 Edition, Motor Fuel Dispensing Facilities and Repair Garages, Marine Fueling – Storage, regardless of the date of installation of the storage tank system.

    (h) through (i) No change.

    (j) Bulk product piping, on-site integral piping with an internal diameter greater than three inches utilized for transporting regulated substances, associated with underground storage tank systems shall meet the bulk product piping requirements in Chapter 62-762, F.A.C., Aboveground Storage Tank Systems, pursuant to subsection 62-762.502(4), F.A.C., hereby adopted and incorporated by reference.

    (4) Spill containment systems.

    (a) No change.

    (b) Fillbox covers, 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 the following documents hereby adopted and incorporated by reference: Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals, API Recommended Practice 1637, (R2012), 3rd Edition, July 2006 (Reaffirmed, May 2012), available from the publisher at API, 1220 L Street, N.W. Washington, D.C. 20005, (202)682-8000, or the publisher’s website 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, available from the publisher at Energy Institute, 62 New Cavendish Street, London W1G 7AR, United Kingdom, +44 (0)20 7467 7100, or the publisher’s website at https://www.energyinst.org/home, or the Department’s address located in subsection 62-761.210(1), F.A.C.; or with an equivalent method approved by the Department in accordance with subsection 62-761.850(1), F.A.C.

    (c) through (d) No change.

    (5) Dispensers and dispenser sumps.

    (a) The dispensers 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, 2018 2015 Edition, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C., and Chapter 6, Fuel Dispensing Systems; Chapter 9, Operational Requirements; and Chapter 11, Motor Fuel Dispensing Facilities and Repair Garages, Marine Fueling of NFPA 30A, 2018 2015 Edition.

    (b) through (c) No change.

    (6) No change.

    (7) Overfill protection.

    (a) Owners or operators shall ensure that the volume available in the storage tank is greater than the volume of regulated substances to be transferred to the storage tank before the transfer is made and shall ensure that any transfer is repeatedly monitored to prevent overfilling and spilling, and no storage tank shall be filled beyond 95 percent capacity.

    (b) Storage tank systems shall be equipped with an overfill device that meets one of the following:

    1. Automatically shuts off flow to the storage tank when the storage tank is no more than 95 percent full;,

    2. Restricts flow to the storage tank when the storage tank is no more than 90 percent full and does not fill the storage tank beyond 95 percent capacity. Flow restrictors, such as ball float valves, used in vent lines may not be used when overfill protection is installed or replaced after January 11, 2017. Flow restrictors installed before January 11, 2017, may only be used if the storage tank system meets the requirements of Section 7 of PEI/RP100-17 11, 2017 2011 Edition, Recommended Practices for Installation of Underground Liquid Storage Systems, UST Overfill Equipment Verification, Inspection and Testing;, or,

    3. Alerts the transfer operator when the tank is no more than 90 percent full by triggering an alarm that is visible, audible, or both, and the transfer operator is to ensure does not fill the tank is not filled beyond 95 percent capacity.

    (c) Effective (effective date of Rule), owners and operators shall:

    1. Designate a primary overfill protection device used to meet the requirements in paragraph 62-761.500(7)(b), F.A.C., and any additional overfill devices shall not interfere with the designated primary device; and,

    2. Ensure the designated primary overfill protection device is registered pursuant to registration of storage tank system equipment and release detection systems and methods, subsection 62-761.850(2), F.A.C. Used oil tanks that receive less than 25 gallons at one time are not required to have overfill protection.

    (d) 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 Storage tank systems with capacities of 2,000 gallons or less that do not receive delivery by a mated (joined) tight fill adaptor connection of the delivery hose to the tank riser are exempt from overfill protection requirements provided that the tanks are never filled beyond 80 percent capacity.

    (e) Storage tank systems with capacities of 2,000 gallons or less that do not receive delivery by a mated (joined) tight fill adaptor connection of the delivery hose to the tank riser may use calibrated stick measurements for overfill protection, and are not required to be equipped with one of the devices specified in paragraph 62-761.500(7)(b), F.A.C., provided that an inches to gallons tank chart is posted at the tank fill area or readily available to the delivery driver. Such tanks shall not be filled beyond 95 percent capacity Overfill devices shall be registered in accordance with subsection 62-761.850(2), F.A.C., and an operability test shall be performed annually at intervals not exceeding 12 months to ensure proper operation.

    (f) Used oil tanks that receive less than 25 gallons at one time are not required to have overfill protection.

    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,              .

     

    62-761.700 Repairs, Operation and Maintenance.

    (1) Repairs.

    (a) Repairs shall be performed, as necessary, if any component of a storage tank system has:

    1. through 2. No change.

    (b) The storage tank system shall immediately cease operating, dispensing, and accepting deliveries if:

    1. No change.

    2. The nature of the repair activities or the condition of the component cannot be otherwise isolated from the storage tank system. The restrictions against operating the storage tank system shall not apply if the storage tank system contains fuels used solely for the generation of electricity by an electric utility as defined in Cchapter 366, F.S., where the removal of the storage tank system from use would result in the shutdown of electrical generating units serviced by the storage tank system; and,

    3. The condition of the system component results in an on-going discharge, pursuant to Rule 62-761.440, F.A.C.

    (c) through (d) No change.

    (e) A storage tank system that requires repair but cannot be repaired within 90 days to operate in accordance with the requirements of this Chapter shall be taken out-of-service in accordance with subsection 62-761.800(1), F.A.C. If the system cannot be repaired within 365 days after being taken out-of-service, it shall be permanently closed pursuant to subsection 62-761.800(2), F.A.C.

    (2) Cathodic protection.

    (a) No change.

    (b) Inspection and testing requirements.

    1. Storage tank systems equipped with cathodic protection 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 NACE International Standards SP0169-2013, incorporated by reference in subparagraph 62-761.500(3)(d)2., F.A.C., and SP0285-2011, incorporated by reference in subparagraph 62-761.500(2)(c)4., F.A.C.; or STI R051-17 06 Cathodic Protection Testing Procedures for sti-P3® UST’s, (R051), Revised April 2017 January 2006, as applicable, regardless of the date of installation of the storage tank system. STI R051-17 06, Revised April 2017 January 2006, is hereby adopted and incorporated by reference, and available from the publisher at NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, (800)797-6223, or the publisher’s website at http://www.nace.org/, or the Department address listed in subsection 62-761.210(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. Storage tank systems with impressed current systems shall be inspected at intervals not exceeding 60 days. All sources of impressed current shall be inspected. Evidence of proper functioning shall be current output, normal power consumption, a signal indicating normal operation, or satisfactory electrical state of the protected structure. Impressed current systems that are inoperative for a cumulative period exceeding 1,440 hours in one year shall be immediately taken out-of-service and assessed within 30 days by a Corrosion Professional to ensure that the storage tank system is structurally sound, free of corrosion holes, and operating in accordance with the design criteria before being returned to service.

    (c) through (d) No change.

    (3) 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 systems or system components without manufacturer integrity or containment testing specifications, or PEI/RP1200-17 12, 2017 2012 Edition, incorporated by reference in subparagraph 62-761.500(1)(b)5., 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. Double-walled storage tanks and piping shall be tested at the time of installation and at the time of any subsequent repair,

    b. Below-grade Ppiping sumps shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

    c. Below-grade Ddispenser sumps shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

    d. Piping and dispenser sumps over the surface waters of the state shall be tested within one year of (effective date of the rule), and every three years thereafter, not to exceed 36 months,

    ed. Double-walled spill containment systems shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

    fe. All single-walled spill containment systems shall be tested by January 11, 2018 within one year of the January 11, 2017, and at intervals not exceeding every 12 months thereafter; and,

    gf. No change.

    2. No change.

    (b) No change.

    Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091, 489.133 FS. History–New 3-12-91, Formerly 17-761.700, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17,_____.

     

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

    (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 3. No change.

    4. Remove all regulated substances so that no more than one inch in depth or 0.3 percent by weight of regulated substances remains in the storage tank; and,

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

    6. Register the storage tank system out-of-service in accordance with Rule 62-761.400, F.A.C.

    (c) No change.

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

    1. Monthly visual inspections in accordance with paragraph 62-761.600(1)(e), F.A.C.,

    2. Semiannual inspections of piping and dispenser sumps that use electronic release detection methods in accordance with paragraph 62-761.600(1)(e), F.A.C.,

    3. Monthly inspection of electronic release detection devices in accordance with paragraph 62-761.600(1)(g), F.A.C.; and,

    4. Release detection device annual operability testing, containment and interstitial integrity testing, and annual overfill protection device testing; however, are not required while the system is properly out-of-service. aAll aforementioned testing shall be 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 installed after January 11, 2017, that have been out-of-service for more than 730 days shall perform interstitial integrity testing of the storage tank and integral piping before adding regulated substances to the storage tank system.

    (e) Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 62-761.700, F.A.C., shall only be designated as out-of-service for a maximum of 10 continuous years. Upon expiration of this time period, the storage tank system must be closed in accordance with subsection 62-761.800(2)(b), F.A.C.

    (2) Closure of storage tank systems.

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

    1. A storage tank system that fails to meet or, if required, is not modified to meet the Storage Tank System Requirements of Rule 62-761.500, F.A.C., within 90 days of discovery.

    2. A storage tank system that requires repair pursuant to Rrule 62-761.700, F.A.C., but is not cannot be repaired within 90 days to operate in accordance with the requirements of this chapter shall be taken out-of-service. If the system is not it cannot be repaired within 365 days after being taken out-of-service, it shall be permanently closed.

    3. 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 by a Certified Contractor, or in-place closure by filling the storage tank with a solid inert material of sufficient density to prevent a structural collapse of the closed storage tank, which shall be in accordance with the following documents, hereby adopted and incorporated by reference, and available from the addresses given, regardless of the date of installation of the storage tank system: Closure of Underground Petroleum Storage Tanks, API Recommended Practice 1604, (R2010) 3rd Edition, March 1996 (Reaffirmed, November 2001), available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at API, 1220 L Street, N.W. Washington, DC 20005, (202)682-8000, or the publisher’s website at http://www.api.org/; and Temporarily Out of Service, Closure in Place, or Closure by Removal of Underground Storage Tanks, NFPA 30 (Annex C), 2018 2015 Edition, available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances in accordance with API Recommended Practice 1604, (R2010) 3rd Edition, March 1996 (Reaffirmed, November 2001). Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities; and,

    5. No change.

    6. Once a storage tank system has been properly closed pursuant to subsections 62-761.800(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for USTs 62-761.900(8), incorporated by reference in subsection 62-761.420(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 to indicate the storage tank system as closed in accordance with subsection 62-761.400(2), F.A.C.

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

    (a) Closure Integrity Report.

    1. No change.

    2. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled tanks, integral piping, piping sumps, dispenser sumps, and 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, oOther methods approved by the manufacturer, PEI RP1200-17, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

    3. 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, December 2018 April 2016 Edition, hereby adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07662, 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, December 2018 April 2016 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, December 2018 April 2016 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, December 2018 April 2016 Edition.

    (c) Limited Closure Report. In cases where a Closure Integrity Evaluation passed or where a failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, Form 62-761.900(8), Limited Closure Report Form for USTs, incorporated by reference in subsection 62-761.420(2), F.A.C., shall be submitted in writing or electronic format to the county within 60 days of completion of the closure, replacement, or change in service from a regulated substance to a non-regulated substance in cases where:.

    1. A Closure Integrity Evaluation passed,

    2. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur; or,

    3. A Closure Integrity Evaluation or Closure Report were not required because the closure only involved storage tank system components that were not in contact with the soil.

    Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 376.0716 FS. History–New 12-10-90, Formerly 17-761.800, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17,_____.

     

    62-761.850 Alternative Procedures, Equipment Registration and Registration of Operator Training Providers.

    (1) No change.

    (2) Registration of storage tank system equipment and release detection systems and methods.

    (a) No change.

    (d) Only the storage tank system equipment as stated in this cChapter shall be registered by the equipment manufacturer using Form 62-761.900(9), Storage Tank System Equipment Registration Form, (Equipment Registration Form) effective date, Form Date January 2017, hereby adopted and incorporated by reference. To obtain copies of this form see Rrule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07660, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. The following storage tank system equipment is exempt from registration:

    1. through 7. No change.

    (e) through (j) No change.

    (3) No change.

    Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.850, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17,_____.

     

    62-761.900 Storage Tank Forms.

    Storage Tank Forms are listed by form number, 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 the Department’s 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) No change.

    (2) Form 62-761.900(2) Storage Tank Facility Registration Form, Form Date January 2017, incorporated by reference in paragraph 62-761.400(1)(b), F.A.C., and referenced in subsections 62-761.200(39) and (47), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07654.

    (3) Form 62-761.900(3) Financial Mechanisms for Storage Tanks, Form Date January 2017, incorporated by reference in subsection 62-761.420(3), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07661.

    (4) No change.

    (5) Form 62-761.900(5) Underground Storage System Installation and Removal Form for Certified Contractors, Form Date January 2017, incorporated by reference in paragraph 62-761.400(1)(c), F.A.C., and referenced in subsection 62-761.200(5), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07656.

    (6) No change.

    (7) Form 62-761.900(7) Closure Integrity Evaluation Report Form for USTs, Form Date January 2017, incorporated by reference in paragraph 62-761.405(2)(c), F.A.C., and referenced in subsection 62-761.200(11), and subparagraph 62-761.800(2)(b)1., F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07658.

    (8) Form 62-761.900(8) Limited Closure Report Form for USTs, Form Date January 2017, incorporated by reference in subsection 62-761.420(2), F.A.C. and referenced in subsection 62-761.200(34), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07659.

    (9) Form 62-761.900(9) Storage Tank System Equipment Registration Form, Form Date January 2017, incorporated by reference in paragraph 62-761.850(2)(d), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07660.

    Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.900, Amended 9-30-9698, 7-13-98, Repromulgated 6-21-04, Amended 1-11-17,_____.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: William E. Burns, Jr., Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. bill.burns@floridadep.gov or (850)245-8842

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary, Florida Department of Environmental Protection

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 19, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 31, 2018

Document Information

Comments Open:
3/29/2019
Summary:
In the “Definition” section, correcting federal rule citation and clarifying language. In “Reference Guidelines”, updating reference guidance documents to current editions. In "Applicability", updating reference guidelines. In “Facility Registration”, adding clarifying language. In "Notification", updating form date. In “Financial Responsibility”, clarifying language and sentence structure, and revising forms. In “Incidents”, clarifying language is included and removal of conflicting timeline. ...
Purpose:
Revising language for clarification in certain Underground Storage Tank Systems rules.
Rulemaking Authority:
376.303
Law:
376.30, 376.301, 376.303, 376.30716, 376.3073, 376.3077, 376.308, 376.309, 403.077, 403.091, 403.141, 403.161, 489.133
Contact:
William E. Burns, Jr., Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. bill.burns@floridadep.gov or (850)245-8842. Copies of the proposed draft documents are available at https://floridadep.gov/waste/permitting-compliance-assistance/content/compliance-assistance-program-announcements.
Related Rules: (12)
62-761.200. Definitions
62-761.210. Reference Standards
62-761.300. Applicability
62-761.400. Registration and Financial Responsibility
62-761.405.
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