Florida Administrative Code Rule Development Workshop Summary
Florida Administrative Code Rule Development Workshop was held on June 20, 2018, to address revisions and clarification needed for Chapter 62-762, focusing on Aboveground Storage Tank Systems. The workshop covered various topics such as definitions, reference guidelines, and rule history. Industry experts and the Florida DEP collaborated to improve the regulations. Participants were guided on safety measures, restroom locations, and post-event procedures. Presentation slides were shared for further reference.
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Chapter 62-762, Florida Administrative Code Rule Development Workshop June 20, 2018
Housekeeping Attendees Safety Exits and stair locations Restrooms Located on either side of elevators Cafeteria on first floor We will escort you to first floor where you will turn in your visitor s badge after the workshop On the Webinar We will take Rule comments and questions via email to: Bill.Burns@floridadep.gov and Kimberley.Curran@floridadep.gov If you have a question that we can answer during the Webinar, you can type in your question online. On the Teleconference Call Your line is muted if you did not receive an Audio PIN, please submit your questions or comments to Bill Burns and Kim Curran in Storage Tank Compliance. Call Kim after this webinar at 850-245-8849 for assistance. The webinar presentation is posted on the Compliance Assistance Program Announcements webpage. June 20, 2018 Florida DEP 2
Welcome Rule Development Workshop for Chapter 62-762, Florida Administrative Code (F.A.C.) Re-opening several rules within Aboveground Storage Tank Systems requiring clarification after the January 11, 2017, rule adoption. Please submit any questions or suggested changes to Rules, Forms or DEP Reference Guidelines which are currently open for revision to: William Burns at Bill.Burns@floridadep.gov, and Kim Curran at Kimberley.Curran@floridadep.gov. Or send to Florida DEP, 2600 Blair Stone Rd, MS 4560, Tallahassee, Florida 32399-2400, Attn: Bill Burns and Kim Curran. June 20, 2018 Florida DEP 3
Chapter 62-762, F.A.C. History The current version of Chapter 62-762, F.A.C., Aboveground Storage Tank Systems, was adopted January 11, 2017. Purpose of this Rulemaking After adoption, the department discovered some of the rules required some clarification and revision. The department received a few suggested changes from industry over time and from our district and county subject matter experts. Many of the requested changes are part of this draft version of rules within Chapter 62-762, F.A.C. June 20, 2018 Florida DEP 4
Rule 62-762.201, F.A.C. Definitions 62-762.201(11) Closure Report Revising Reference Guideline date 62-762.201(36) Industrial Occupancy Building Updating Reference Guideline dates 62-762.201(54) Pesticides Updating United States Code Citations 62-762.201(67) Secondary Containment Relocating Reference Guideline date 62-762.201(75) Sump Adding this new term to definitions June 20, 2018 Florida DEP 5
Rule 62-762.211, F.A.C. Reference Guidelines Updating several reference guidelines to newest versions or clarifying their dates. 62-762.211(2)(e) Opening DEP reference guideline - Instructions for Conducting Sampling During Aboveground Storage Tank Closure, to update Appendix B, Heavy Fuel Oil Discharge Response Actions to the most recent version. June 20, 2018 Florida DEP 6
Rule 62-762.301, F.A.C. Applicability 62-762.301(1)(b) General Requirements Removing confusing language regarding ammonia and chlorine storage tank requirements. 62-762.301(2)(v) Exemptions Updating Reference Guideline edition. June 20, 2018 Florida DEP 7
Rule 62-762.401, F.A.C. Facility Registration 62-762.401(1)(b) For Installations: Updating the Storage Tank Facility Registration Form Date. 62-762.401(4) Registration Fees Removing language and specifying the tank owner is responsible for registration fees. June 20, 2018 Florida DEP 8
Chapter 62-762.411, F.A.C. Notification 62-762.411(3) Updating date and link for the Closure Integrity Evaluation Report Form for ASTs and various Reference Guideline dates. June 20, 2018 Florida DEP 9
Rule 62-762.421, F.A.C. Financial Responsibility 62-762.421(3) Updating Financial Responsibility (FR) Form date. .421(3)(a) Clarifying that references to UST shall mean AST. .421(3)(b) Clarifying that 40CFR280.90(c) is not adopted. .421(3)(c) Using more specific language regarding FR and ASTs (see note*). .421(3)(c)1. through 4. Renumbering and revising and moving sentence in .420(3)(c)4., to .421(4). 62-762.421(4) Clarifying language. Adding revised language from .421(3) regarding maintaining evidence of FR in accordance with Recordkeeping requirements. 62-762.421(5) Revising language to specify FR requirements should be in accordance with Rule 62- 762.421, F.A.C. 62-762.421(8) New subsection with new language for government-owned facilities. 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. June 20, 2018 Florida DEP 10
Rule 62-762.431, F.A.C. Incidents 62-762.431(1)(a)3. Incidents include: Adding additional system components for clarification. 62-762.431(4) Removing language that will conflict with new language in other rules (Repairs and Closure). June 20, 2018 Florida DEP 11
Rule 62-762.501, F.A.C. Storage Tank System Requirements for Shop Fabricated Storage Tanks. 62-762.501(1) General Requirements Updating Reference Guidelines throughout rule. Adding clarifying language regarding manufacturer s requirements. 62-762.501(1)(b)9. Adding specific language regarding visual inspections for closed top dike double-walled UL 142 storage tanks. June 20, 2018 Florida DEP 12
Rule 62-762.501, F.A.C. Storage Tank System Requirements for Shop Fabricated Storage Tanks Continued 62-762.501(2)(e) Storage Tank Installation - Overfill Protection Including the term or containment method with overfill protection devices for clarification. Clarifying that a high level warning alarm must be visible, audible or both to the person monitoring the filling. Revising high level liquid flow cutoff controller from 90 to 95 percent capacity. Revising overfill protection subsection so that owners and operators are required to designate one registered overfill protection device and any additional overfill devices (registered or not) must not interfere with the registered primary designated overfill protection device. This designated device must be permanently labeled or tagged so that the person filling the storage tank(s) know which device is the owner/operator s designated device. Only this designated primary device will be required to perform annual operability testing. Revising language for 15,000 gallon or less tanks that do not receive deliveries by a mated (joined) tight fill adaptor connection. Other overfill language is being moved and renumbered. June 20, 2018 Florida DEP 13
Rule 62-762.502, F.A.C. Storage Tank System Requirements for Field Erected Storage Tanks 62-762.502 Updating Reference Guidelines in several subsections throughout. Adding clarifying language regarding manufacturer s requirements. 62-762.502(2)(e) Storage Tank Installation - Overfill Protection Including the term or containment method with overfill protection devices for clarification. Clarifying that a high level alarm must be visible, audible or both to the person monitoring the filling. Revising overfill protection subsection so that owners and operators are required to designate one registered overfill protection device and any additional overfill devices (registered or not) must not interfere with the registered primary designated overfill protection device. This designated device must be permanently labeled or tagged so that the person filling the storage tank(s) know which device is the owner/operator s designated device. Only this designated primary device will be required to perform annual operability testing. June 20, 2018 Florida DEP 14
Rule 62-762.701, F.A.C. Repairs, Operation and Maintenance of Shop Fabricated Storage Tank Systems 62-762.701 Updating reference guidelines throughout this rule. 62-762.701(1)(b)3. Repairs Adding new language regarding repairs for systems that have an ongoing discharge. Adding language stating an owner/operator has 90 days to repair their system or register it out-of-service. They will have 365 days to bring it back into service from the date it goes out- of-service or permanently close the storage tank system. June 20, 2018 Florida DEP 15
Rule 62-762.701, F.A.C. Repairs, Operation and Maintenance of Shop Fabricated Storage Tank Systems (Continued) 62-762.701(4)(a) Integrity Testing Clarifying language regarding using PEI/RP1200 when no manufacturer testing specification is available. 62-762.701(4)(a)1.b., c., & e. (Piping, Dispenser & Hydrant Sumps) Revising language from below-grade to in contact with the soil and clarifying every three years by including not to exceed 36 months . 62-762.701(4)(a)1.d. (Spill containment systems) Clarifying three years by including, not to exceed 36 months . 62-762.701(4)(a)1.d. & e. (Spill containment and hydrant sumps) Updating language by stating, by January 11, 2018 . June 20, 2018 Florida DEP 16
Rule 62-762.702, F.A.C. Repairs, Operation and Maintenance of Field Erected Storage Tank Systems 62-762.702 Throughout this Rule, updating reference guidelines. 62-762.702(1)(b)3. Repairs(same language as in .701) Adding new language regarding repairs for systems that have an ongoing discharge. Adding language stating an owner/operator has 90 days to repair their system or register it out-of-service. They will have 365 days to bring it back into service from the date it goes out- of-service or permanently close the storage tank system. June 20, 2018 Florida DEP 17
Rule 62-762.702, F.A.C. Repairs, Operation and Maintenance of Shop Fabricated Storage Tank Systems (Continued) 62-762.702(4)(a) Integrity Testing Updating Reference Guideline editions. 62-762.702(4)(a)1.a through d. (Double-walled piping, Piping Sumps, Spill containment systems, and Hydrant sumps) Revising language from below-grade to in contact with the soil and clarifying every three years by including not to exceed 36 months . 62-762.702(4)1.c. & d. (Spill containment systems and Hydrant sumps) Updating language stating, by January 11, 2018 . June 20, 2018 Florida DEP 18
Rule 62-762.801, F.A.C. Out-of-Service and Closure Requirements for Shop Fabricated Storage Tank Systems 62-762.801(1)(b)6. Out-of-Service New language reminding owner/operators that they will also need to register their tanks out-of-service. 62-762.801(2)(a)3. Closure of Storage Tank Systems Adding in the repair language including that repairs must be made within 90 days or the storage tank system must be taken out-of- service. 62-762.801(2) & (3) Closure and Reports for Closure Updating reference guideline editions. 62-762.801(3)(a)2. Reports for Closure Adding reference guideline PEI/RP1200 option for Closure Integrity Evaluations where visual inspections of interstitial spaces cannot be done. (PEI - Petroleum Equipment Institute). June 20, 2018 Florida DEP 19
Rule 62-762.802, F.A.C. Out-of-Service and Closure Requirements for Field Erected Storage Tank Systems 62-762.802(2)(b)6. Out-of-service storage tank systems New language reminding owner/operators that they will also need to register their tanks out-of-service. 62-762.802(3)(a)3. Closure of Storage Tank Systems Adding in the repair language including that repairs must be made within 90 days or the storage tank system must be taken out-of- service. 62-762.802(3) & (4) Closure and Reports for Closure Updating reference guideline editions. 62-762.802(4)(a)2. Reports for Closure Adding reference guideline API Std 653 or PEI/RP1200 option for Closure Integrity Evaluations where visual inspections of interstitial spaces cannot be done. (API American Petroleum Institute and PEI - Petroleum Equipment Institute). June 20, 2018 Florida DEP 20
Rule 62-762.851, F.A.C. Alternative Procedures and Equipment Registration 62-762.851(2) Equipment Registration Revising Equipment Registration Form and updating the form date and link in Rule. June 20, 2018 Florida DEP 21
Rule 62-762.901, F.A.C. Storage Tank Forms (Changes in colored font on forms) Updating/clarifying/revising the following forms: Form 62-762.901(2) Storage Tank Facility Registration Form Clarifying Form 62-762.901(7) Closure Integrity Evaluation Report Form for ASTs Clarifying Form 62-762.901(8) Limited Closure Report Form for ASTs Clarifying Form 62-762.901(9) Storage Tank Equipment Registration Form Revising and clarifying June 20, 2018 Florida DEP 22
Thank You For Attending Thank You For Attending the Aboveground Storage Tank Systems Rule Development Workshop Any Questions? June 20, 2018 Florida DEP 23
Comments Please submit your comments by Wednesday, July 18, 2018 Via Email: William Burns at Bill.Burns@floridadep.gov, and Kim Curran at Kimberley.Curran@floridadep.gov Or Send To: Florida DEP, 2600 Blair Stone Rd, MS 4560, Tallahassee, Florida 32399-2400 Attn: Bill Burns and Kim Curran June 20, 2018 Florida DEP 24
Chapter 62-762, F.A.C. Storage Tank Systems Rulemaking Contacts Bill Burns 850-245-8842 Bill.Burns@floridadep.gov Kim Curran 850-245-8849 Kimberley.Curran@floridadep.gov Main webpage - Storage Tank Compliance Go to the Announcements webpage for Rulemaking updates - Compliance Assistance Program Announcements June 20, 2018 Florida DEP 25
