26972807, 62-762.201 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26972807

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ABOVEGROUND STORAGE TANK SYSTEMS

Overview

RULE:

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
62-762.501	System Requirements for Shop Fabricated Storage Tanks
62-762.502	System Requirements for Field Erected Storage Tanks
62-762.601	Release Detection Requirements for Shop Fabricated Storage Tanks
62-762.602	Release Detection Requirements for Field Erected Storage Tank Systems
62-762.701	Repairs, Operation and Maintenance of Shop Fabricated Storage Tank Systems
62-762.702	Repairs, Operation and Maintenance of Field Erected Storage Tank Systems
62-762.711	Recordkeeping
62-762.801	Out-of-Service and Closure Requirements for Shop Fabricated Storage Tank Systems
62-762.802	Out-of-Service and Closure Requirements for Field Erected Storage Tank Systems
62-762.901	Storage Tank Forms

PURPOSE:

In 2017 and 2019, the Department of Environmental Protection (DEP) updated Chapter 62-762, F.A.C., to be in accordance with Chapter 62-761, Underground Storage Tank Systems, which was updated during the same time period to be consistent with 2015 federal requirements in 40 CFR Part 280 for underground storage tank systems. The proposed revisions will clarify and update regulatory language not previously revised and provide a new requirement to perform annual visual inspection of out-of-service storage tanks systems.

SUMMARY:

The proposed revisions will clarify and update the rule requirements for registration, revise out-of-service requirements to include annual visual inspections for storage tank systems, update reference guidelines to the newest editions and provide additional release detection options for emergency generator owners and operators, allowing these systems to be consistent with the underground storage tank system release detection requirements proposed in Rule 62-761.600, F.A.C., Release Detection Requirements. Additionally, making a correction on the Discharge Report Form.
OTHER RULES INCORPORATING THIS RULE: 62-521.400, 62-710.401, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-780.210, and 62-780.600.
EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-762, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following rules: 62-521.400, 62-710.401, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-780.210, and 62-780.600.

RULEMAKING AUTHORITY:

376.303, 376.322(3) FS.

LAW:

376.031, 376.30, 376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 376.320, 376.321, 376.322, 376.322(3), 376.323, 403.077, 403.091, 403.141, 403.161, 487.021, FS.

PRINT PUBLISH DATE:

3/28/2023 Vol. 49/60

COMMENTS:

From 3/28/2023 To 4/18/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-07664 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280
Ref-07688 Appendix A - Secondary Reference, Rule 62-762.211, F.A.C.
Ref-07689 DEP Form 62-762.901(1) Discharge Report Form
Ref-10743 DEP Form 62-762.901(2) Storage Tank Facility Registration Form
Ref-10744 DEP Form 62-762.901(7) Closure Integrity Evaluation Report Form for ASTs
Ref-11126 Appendix A - Secondary References for Chapter 62-762, F.A.C.
Ref-11170 DEP Form 62-761.900(3) Financial Mechanisms for Storage Tanks

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