Chapter 62 762 Florida Administrative Code Rule Development

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

Rule 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 40 CFR 280. 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 62762. 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 outof-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/RP 1200 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 outof-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 Field Erected 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-ofservice. • 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/RP 1200 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-ofservice. • 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/RP 1200 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 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