62-762.851. Alternative Procedures and Equipment Registration

(1) Alternative procedure requirements.

(a) Any person subject to the provisions of this chapter may request in writing a determination by the Secretary or the Secretary’s designee that any requirement of this chapter shall not apply to a regulated storage tank system at a facility, and shall request approval of alternative procedures or requirements on Form 62-762.901(4), Alternative Procedure Form, effective date, January 2017, hereby adopted and incorporated by reference. To obtain copies of this form see rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07691, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(b) The request shall set forth at a minimum the following information:

1. The specific storage tank system or facility for which an exception is sought,

2. The specific provisions of this chapter from which an exception is sought,

3. The basis for the exception,

4. The alternative procedure or requirement for which approval is sought,

5. Documentation that demonstrates that the alternative procedure or requirement provides an equivalent or greater degree of protection for the lands, surface waters or groundwaters of the state as the specific provisions of this chapter from which an alternative procedure is sought; and,

6. Documentation that demonstrates that the alternative procedure or requirement is at least as effective as the established procedure or requirement.

7. If an alternative procedure or requirement is not able to be sought under subparagraph 5. or 6., then documentation that demonstrates that the specific provisions of this chapter from which the exception is sought imposes regulatory costs on the regulated entity that could be reduced through approval of a less costly regulatory alternative or requirement that provides a substantially equivalent degree of protection for the lands, surface waters, or groundwaters of the State as the established requirement.

(c) The Department shall issue an Order within 60 days of the receipt of a completed Alternative Procedure Form either:

1. Approving the request with any conditions necessary to meet the requirements of paragraph 62-762.851(1)(b), F.A.C., or

2. Denying the request and stating the reason(s) the request does not make an adequate demonstration that the requirements of paragraph 62-762.851(1)(b), F.A.C., have been met.

(d) The Department’s order shall be agency action, reviewable in accordance with sections 120.569 and 120.57, F.S. The Department’s failure to timely issue an Order does not grant or approve the request.

(e) The provisions of this rule do not preclude the use of any other applicable relief provisions.

(f) Facilities where an alternative procedure was previously approved by the Department may continue to operate using the conditions of the alternative procedure issued by the Department.

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

(a) Owners and operators shall verify at the time of installation that the storage tank system equipment and release detection systems and methods (including equipment and methods that were previously approved by the Department under the former Equipment Approval process) have been registered with the Department.

(b) Any storage tank system equipment installed after January 11, 2017, must be registered with the Department in accordance with this subsection. Upon discovery, non-registered storage tank system equipment installed after January 11, 2017, must be removed within 90 days, unless registration is applied for or obtained and listed within the 90 day time period.

(c) Equipment previously approved by the Department under the former Equipment Approval process and installed prior to January 11, 2017, can continue to be used regardless of later non-renewal or removal of registration from the list of registered storage tank system equipment, provided the equipment is still operating as designed and installed.

(d) Only the storage tank system equipment as stated in this chapter shall be registered by the equipment manufacturer using Form 62-762.901(9), Storage Tank System Equipment Registration Form, (Equipment Registration Form) effective date July 2019, hereby adopted and incorporated by reference. To obtain copies of this form see rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10746, 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. Dispensers, dispenser islands, nozzles, and hoses,

2. Manhole and fillbox covers,

3. Valves,

4. Cathodic protection test stations,

5. Metallic piping,

6. Small diameter integral piping not in contact with soil, unless the piping extends over or into surface waters,

7. Vent lines,

8. AST vents; and,

9. Gauges used for vacuum and pressure monitoring.

(e) Equipment registration requests shall be submitted to the Department in writing or electronic format with a demonstration that the equipment will meet the appropriate performance requirements contained in this chapter. Any approvals or denials received from other states or countries shall be included in the registration request to the Department.

(f) A third-party demonstration by a Nationally Recognized Testing Laboratory shall be submitted in writing or electronic format to the Department with the application. The third-party demonstration shall provide:

1. A technical evaluation of the equipment,

2. Test results that verify that the equipment will function as designed,

3. A professional certification or determination that the equipment meets the performance requirements contained in this chapter,

4. Integrity test requirements and procedures,

5. Annual operability testing procedures for the equipment or release detection system or method; and,

6. Copies of the manufacturer’s instructions to maintain the manufacturer’s warranty.

(g) Release detection methods and tank and piping tightness and pressure testing methods must be registered in accordance with this subsection prior to being used.

(h) The storage tank system equipment and release detection systems and methods registered with the Department under this subsection must be renewed by the equipment manufacturer every five years. Failure to renew will result in removal from the equipment registration list. Any changes, improvements, or modifications to equipment beyond the scope of the original demonstration by the Nationally Recognized Testing Laboratory will require a renewal of the registration and a new demonstration from a Nationally Recognized Testing Laboratory pursuant to paragraph 62-762.851(2)(f), F.A.C.

(i) The Department shall only place conditions upon the use of the storage tank system equipment and release detection systems and methods, remove equipment or methods from the list of registered storage tank system equipment, or not renew registration if:

1. The information submitted to the Department is not in accordance with this subsection,

2. The equipment does not perform in field application as certified in the third-party certification by a Nationally Recognized Testing Laboratory, or

3. The equipment is not constructed in accordance with the approved registration or applicable Reference Guidelines.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History–New 6-21-04, Amended 1-11-17, 7-9-19.