17811060, 62-761.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17811060

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

UNDERGROUND STORAGE TANK SYSTEMS

Overview

RULE:

62-761.100	Intent
62-761.200	Definitions
62-761.210	Reference Guidelines
62-761.300	Applicability
62-761.350	Operator Training and Certification
62-761.400	Facility Registration
62-761.405	Notification
62-761.420	Financial Responsibility
62-761.430	Incidents
62-761.440	Discharges
62-761.450	Notification and Reporting (Repealed)
62-761.500	Storage Tank System Requirements
62-761.510	Performance Standards for Category-A and Category-B Storage Tank Systems (Repealed)
62-761.600	Release Detection Requirements
62-761.610	Release Detection Methods (Repealed)
62-761.640	Performance Standards for Release Detection Methods (Repealed)
62-761.700	Repairs, Operation and Maintenance
62-761.710	Recordkeeping
62-761.800	Out-of-Service and Closure Requirements
62-761.820	Incident and Discharge Response (Repealed)
62-761.850	Alternative Procedures, Equipment Registration and Registration of Operator Training Providers
62-761.900	Storage Tank Forms

PURPOSE:

The Department is proposing to amend Chapter 62-761, F.A.C., to streamline and clarify regulatory language that has become increasingly complex and difficult to implement through multiple revisions over the past 24 years. Rules have been reorganized by topic to help stakeholders quickly find and understand rule requirements. The proposed revisions have been developed with input from industry stakeholders, subject matter experts, and inspectors to streamline and clarify the regulations for industry and Agency staff. The Proposed Rule has also been updated to be consistent with 40 CFR Parts 280 and 281, the revised federal Underground Storage Tank Regulations published in the Federal Register on July 15, 2015.

SUMMARY:

In the “Definition” Rule, the Department removed definition terms that are defined in statute or no longer used in rule and added certain terms for clarity. The “Reference Standards” Rule is renamed “Reference Guidelines” and internet web addresses are added for those technical requirements providing digital access for industry. Technical requirements that are incorporated by reference are updated to conform to revisions published and adopted by the American Society of Mechanical Engineers, Petroleum Equipment Institute, National Fire Protection Association, National Institute of Standards and Technology, and the National Leak Prevention Association. Additionally, the requirements referenced in these documents are likewise incorporated by reference. Pursuant to Joint Administrative Procedures Committee direction, the Department created Appendix A listing Secondary References for documents that are listed in the primary references, but not cited. In the “Applicability” Rule, grandfathering language is added for those secondarily contained tanks installed under prior Rule requirements; revisions remove terms and text that are redundant or no longer applicable and clarify text that may conflict with other regulations found in the Contaminated Site Cleanup Criteria rules, Chapter 62-780, F.A.C. This Rule further clarifies certain exemptions including defining “small quantities” of regulated substances, and clarifies pipelines that are exempt from this Chapter. Additionally, this proposed revision adds exemptions for storage tank systems that contain a regulated substance at low concentrations. In the “Operator Training and Certification” Rule, the language is updated to parallel 40 CFR 280 of the 2015 revised Underground Storage Tank Regulations. The language is also updated to be consistent with other language in the proposed Rule Chapter and to provide some additional minor clarifications that are needed. In the “Facility Registration” Rule, registration requirements are clarified and provide detail about registration placards. The title is also updated to include the term “Facility.” The Financial Responsibility provisions are proposed to be relocated into a stand-alone rule section, Rule 62-761.420, F.A.C. The new “Notification” Rule creates a complete list from other rule sections of the current Rule Chapter, specifying when the Department must be informed of certain events and also includes updates from the 2015 revised federal Underground Storage Tank Regulations. The proposed “Financial Responsibility” Rule includes existing language that is moved to its own rule section to make it easier for the regulated community to locate. No substantive changes are being proposed. “Incidents” and “Discharges” are separated into two Rules for clarity. The Incident language proposes to provide additional time for the tank owner to conduct an initial incident investigation, thereby expanding time for notification to the Department for unresolved incidents. Discharge language is revised to define types of discharges and broadens discharge response to coordinate with language and tables in Chapter 62-780, F.A.C., and also includes updates from the 2015 revised federal Underground Storage Tank Regulations. The “Storage Tank System Requirements” Rule is completely rewritten to provide a direct description of existing requirements and also includes updates from the 2015 revised federal Underground Storage Tank Regulations. Outdated requirements for older non-compliant tanks are to be repealed in Rule 62-761.510, F.A.C. The proposed revisions for “Release Detection” combines three Rules on release detection into one rule, thereby creating a comprehensive list of release detection requirements for clarity. It also clarifies the topic of integrity testing under operation and maintenance, including a schedule for containment and integrity testing. The “Repairs, Operation and Maintenance” Rule is completely rewritten to provide a more logical sequence of information for the regulated community and also includes updates from the 2015 revised federal Underground Storage Tank Regulations. The proposed revision eliminates confusing or outdated language in the “Recordkeeping” Rule. The number of years to retain records is increased from two to three years allowing the Department to move from an annual inspection to a triennial inspection cycle. This will provide flexibility in the Department’s inspection frequencies while maintaining record keeping requirements that are consistent with inspection frequencies under federal programs. This Rule also includes updates from the 2015 revised federal Underground Storage Tank Regulations. Proposed revisions to the “Out-of-Service and Closure Requirements” reduces the requirement for storage tank owners to conduct closure sampling at facilities with secondarily contained tank systems. Those secondarily contained tank systems that pass a closure integrity evaluation will not have to conduct environmental sampling at closure, significantly reducing costs of closing a tank system to the tank owner. “Alternative Requirements and Equipment Registration” is proposed to be revised from the current approval process to a simpler registration process. This will reduce regulatory process and cost to industry while maintaining adequate safeguards and environmental protections. Additionally, this section includes updates from the 2015 revised federal Underground Storage Tank Regulations. Also included in this Rule is the addition of registration of operator training providers to ensure the training materials they provide meet the requirements under 62-761.350, F.A.C.

RULEMAKING AUTHORITY:

376.30, 376.303, F.S.

LAW:

376.30, 376.303, 376.30716, 376.3077, 376.308, 376.309, 403.091, 403.141, 403.161, 489.133, F.S.

PRINT PUBLISH DATE:

7/27/2016 Vol. 42/145

COMMENTS:

From 7/27/2016 To 8/17/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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