17811351, 62-762.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17811351

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ABOVEGROUND STORAGE TANK SYSTEMS

Overview

RULE:

62-762.101	Intent
62-762.201	Definitions
62-762.211	Reference Guidelines
62-762.301	Applicability
62-762.401	Facility Registration
62-762.411	Notification
62-762.421	Financial Responsibility
62-762.431	Incidents
62-762.441	Discharges
62-762.451	Notification and Reporting (Repealed)
62-762.501	System Requirements for Shop Fabricated Storage Tanks
62-762.511	Performance Standards for Category-A and Category-B Storage Tank Systems (Repealed)
62-762.601	Release Detection Requirements for Shop Fabricated Storage Tanks
62-762.611	Release Detection Methods (Repealed)
62-762.641	Performance Standards for Release Detection Methods (Repealed)
62-762.701	Repairs, Operation and Maintenance of Shop Fabricated Storage Tank Systems
62-762.711	Recordkeeping
62-762.801	Out-of-Service and Closure Requirements for Shop Fabricated Storage Tank Systems
62-762.821	Incident and Discharge Response (Repealed)
62-762.851	Alternative Procedures and Equipment Registration
62-762.891	Mineral Acid Storage Tank Requirements
62-762.901	Storage Tank Forms

PURPOSE:

The Department is proposing to amend Chapter 62-762, F.A.C., to streamline and clarify regulatory language that has become increasingly complex and difficult to implement through multiple language 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.

SUMMARY:

In the “Definition” Rule, the Department removed definition terms that are in the 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 have been 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 were 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 those 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. 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” section, 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 stand-alone Rule 62-762.421, F.A.C., and maintains existing language. The “Notification” Rule creates a complete list from other sections of the current rule for when the Department must be informed of certain events and also includes updates to be consistent with Chapter 62-761, F.A.C. “Incidents” and “Discharges” are separated in to two rule sections for clarity. The Rule 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. 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. Based on a request for clarity from the regulated community, Storage Tank System Requirements; Release Detection Requirements; Repairs, Operation and Maintenance; and Out-of-Service and Closure Requirements are separated into two Rules each based on tank type. One for shop fabricated storage tanks and the other for field erected storage tanks. “Storage Tank System Requirements” for each tank type is completely rewritten to provide a direct description of existing requirements and also includes any updates to be consistent with Chapter 62-761, F.A.C. Outdated requirements for older non-compliant tanks are to be repealed in Rule 62-762.511, F.A.C. The “Release Detection” Rules were combined into one Rule for each tank type. This creates a comprehensive list for release detection requirements for clarity, and 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 has been completely rewritten to provide a more logical flow of information for regulated community. 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 would provide flexibility in the Department’s inspection frequencies while maintaining record keeping requirements that are consistent with inspection frequencies under federal programs and also includes updates to be consistent with Chapter 62-761, F.A.C. 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. It also includes updates to be consistent with Chapter 62-761, F.A.C. “Alternative Requirements and Equipment Registration” is proposed to be revised from the current approval process to a simpler registration process. This would reduce regulatory process and cost to industry while maintaining adequate safeguards and environmental protections. The “Mineral Acid” Rule removed statutory definitions and synced this Rule with the proposed rule language where applicable. A “Storage Tank Forms” Rule has been created to alleviate the burden for the regulated community of searching in Chapter 62-761, F.A.C., for required forms.

RULEMAKING AUTHORITY:

376.303, 376.309, 376.322(3), 403.087, F.S.

LAW:

376.031, 376.30, 376.301, 376.303, 376.3073, 376.3077, 376.308, 376.309, 376.320, 376.321, 376.322, 376.322(3), 376.323, 376.324, 376.325, 403.087, 403.091, 403.141, 403.161, 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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