(1) Out-of-service storage tank systems.

Terms Used In Florida Regulations 62-761.800

  • Certified Contractor: means a Pollutant Storage System Contractor certified by the Department of Business and Professional Regulation in accordance with Florida Statutes Chapter 489 Except for the exemptions specified in Florida Statutes Chapter 489, Certified Contractors are not required for activities that do not involve excavating or disturbing the backfill around storage tank systems. See Florida Regulations 62-761.200
  • Closure Integrity Evaluation: is a n assessment of storage tank system integrity that is performed by a third-party inspection or testing entity at closure, replacement, or change in service from a tank containing regulated substance to a non-regulated substance. See Florida Regulations 62-761.200
  • Closure Integrity Report: means Closure Integrity Evaluation Report Form for USTs 62-761. See Florida Regulations 62-761.200
  • Closure Report: is a report prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition. See Florida Regulations 62-761.200
  • Corrosion Protection: means the minimization of corrosion by the use of cathodic protection or vapor corrosion inhibitors. See Florida Regulations 62-761.200
  • County: means a locally administered governmental program under contract with the Department to perform compliance verification activities at facilities with storage tank systems within the boundaries stipulated in the applicable contract. See Florida Regulations 62-761.200
  • Dispenser: means a dispensing system that is used to transfer regulated substances from a fixed point to a vehicle or portable container. See Florida Regulations 62-761.200
  • Double-walled: means a storage tank system or system component that has an outer wall that provides secondary containment. See Florida Regulations 62-761.200
  • Hydrostatic test: means a containment integrity test for a storage tank system or storage tank system component that is performed in accordance with this chapter using equilibrium and the pressure of liquids. See Florida Regulations 62-761.200
  • In contact with the soil: means any portion of a storage tank system, that physically touches the soil or, if not in direct contact with the soil, is separated from the soil only by a casing, wrapping, or other material that is not impervious. See Florida Regulations 62-761.200
  • Incident: is a condition or situation indicating that a release or discharge may have occurred from a storage tank system or system component. See Florida Regulations 62-761.200
  • Integral piping: means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. See Florida Regulations 62-761.200
  • Interstice: means the space between the primary and secondary wall of a storage tank system or system component. See Florida Regulations 62-761.200
  • Limited Closure Report: means Limited Closure Report Form for USTs 62-761. See Florida Regulations 62-761.200
  • Out-of-service: means a storage tank system or system component that is designated as out-of-service by the owner or operator to the Department on Storage Tank Facility Registration Form 62-761. See Florida Regulations 62-761.200
  • Overfill: is a n incident that occurs when a tank is filled beyond its capacity. See Florida Regulations 62-761.200
  • piping: means any hollow cylindrical or tubular conveyance through which regulated substances flow. See Florida Regulations 62-761.200
  • Regulated substance: means a liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See Florida Regulations 62-761.200
  • Release: means a loss of regulated substances from a storage tank system or system component into the system's secondary containment. See Florida Regulations 62-761.200
  • Release detection: means a method of detecting the presence of regulated substances within a storage tank system's or system component's secondary containment or detecting other conditions or situations indicative of a release or discharge. See Florida Regulations 62-761.200
  • Repair: means to restore or replace any defective or damaged parts of a storage tank system or system component in accordance with Rule Fla. See Florida Regulations 62-761.200
  • Secondary containment: means a release detection and discharge prevention system that meets the performance requirements of paragraph Fla. See Florida Regulations 62-761.200
  • Storage tank system: means a tank used to contain regulated substances, its integral piping, and all its components, including dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment. See Florida Regulations 62-761.200
  • system component: means any part (mechanical, electrical, and plumbing) of the storage tank system that is necessary for a tank system to operate properly and safely. See Florida Regulations 62-761.200
  • Tank: means an enclosed stationary container or structure that is designed or used to store regulated substances, and the volume of which, including the volume of underground piping, is ten percent or more buried beneath the surface of the ground. See Florida Regulations 62-761.200
    (a) Storage tank systems that are taken out-of-service, as required in this subsection, shall continue to be maintained in accordance with this chapter unless otherwise noted herein.
    (b) Facility owners and operators of out-of-service storage tank systems shall:
    1. Continue to operate and maintain corrosion protection in accordance with subsection Fla. Admin. Code R. 62-761.700(2),
    2. Continue to maintain and demonstrate financial responsibility pursuant to rule Fla. Admin. Code R. 62-761.420,
    3. Leave vent lines open and functioning,
    4. Remove all regulated substances so that no more than one inch in depth or 0.3 percent by weight of regulated substances remains in the storage tank,
    5. Secure or close off the system to outside access; and,
    6. Register the storage tank system out-of-service in accordance with Rule Fla. Admin. Code R. 62-761.400
    (c) Facility owners and operators of out-of-service storage tank systems shall monitor the interstice and the liquid level in the storage tank annually but not to exceed 12 months, unless the tank system contains no regulated substances. Records of these inspections shall be maintained in accordance with subsection Fla. Admin. Code R. 62-761.710(2) In the event that liquid in excess of one inch, or 0.3 percent by weight, in the storage tank or any liquid, other than condensate, in the interstice is discovered, facility owners and operators must follow the procedures for incidents pursuant to rule Fla. Admin. Code R. 62-761.430
    (d) The following inspections and testing requirements are not required while the storage tank system is properly out-of-service:
    1. Monthly visual inspections in accordance with paragraph Fla. Admin. Code R. 62-761.600(1)(e),
    2. Semiannual inspections of piping and dispenser sumps that use electronic release detection methods in accordance with paragraph Fla. Admin. Code R. 62-761.600(1)(e),
    3. Monthly inspection of electronic release detection devices in accordance with paragraph Fla. Admin. Code R. 62-761.600(1)(g), and
    4. Release detection device annual operability testing, containment and interstitial integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be up-to-date in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system. In addition, storage tank systems installed after January 11, 2017, that have been out-of-service for more than 730 days shall perform interstitial integrity testing of the storage tank and integral piping before adding regulated substances to the storage tank system.
    (e) Storage tank systems with secondary containment, not requiring repairs pursuant to Rule Fla. Admin. Code R. 62-761.700, shall only be designated as out-of-service for a maximum of 10 continuous years. Upon expiration of this time period, the storage tank system must be closed in accordance with subsection Fla. Admin. Code R. 62-761.800(2)(b)
    (2) Closure of storage tank systems.
    (a) The following storage tank systems must be closed in accordance with the provisions of this subsection:
    1. A storage tank system that fails to meet or, if required, is not modified to meet the Storage Tank System Requirements of Rule Fla. Admin. Code R. 62-761.500, within 90 days of discovery.
    2. A storage tank system that requires repair pursuant to Rule Fla. Admin. Code R. 62-761.700, but is not repaired within 90 days to operate in accordance with the requirements of this chapter shall be taken out-of-service. If the system is not repaired within 365 days after being taken out-of-service, it shall be permanently closed.
    3. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to rule Fla. Admin. Code R. 62-761.420, within 90 days of termination of the financial mechanism.
    (b) Closure of storage tank systems shall be performed by:
    1. Conducting a Closure Integrity Evaluation as defined in subsection Fla. Admin. Code R. 62-761.200(10), and completing the Closure Integrity Evaluation Report Form for USTs 62-761.900(7) (Closure Integrity Report), incorporated by reference in paragraph Fla. Admin. Code R. 62-761.405(2)(c) The form shall be submitted in writing or electronic format to the appropriate county,
    2. Removing all liquids and accumulated sludges. The removal and disposal of all liquids and accumulated sludges may be required according to other local, state, and federal requirements,
    3. Removing by a Certified Contractor or disconnecting and capping all integral piping,
    4. Removing and disposing of a storage tank by a Certified Contractor, or in-place closure by filling the storage tank with a solid inert material of sufficient density to prevent a structural collapse of the closed storage tank, which shall be in accordance with the following documents, hereby adopted and incorporated by reference, and available from the addresses given, regardless of the date of installation of the storage tank system: Closure of Underground Petroleum Storage Tanks, API Recommended Practice 1604, (R2010) 3rd Edition, March 1996, available at the Department address listed in subsection Fla. Admin. Code R. 62-761.210(1), or from the publisher at API, 1220 L Street, N.W. Washington, DC 20005, (202)682-8000, or the publisher’s website at http://www.api.org/; and Temporarily Out of Service, Closure in Place, or Closure by Removal of Underground Storage Tanks, NFPA 30 (Annex C), 2018 Edition, available at the Department address listed in subsection Fla. Admin. Code R. 62-761.210(1), or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances in accordance with API Recommended Practice 1604, (R2010) 3rd Edition, March 1996. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities; and,
    5. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes.
    6. Once a storage tank system has been properly closed pursuant to subsections 62-761.800(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for USTs 62-761.900(8), incorporated by reference in subsection Fla. Admin. Code R. 62-761.420(2), has been submitted to and approved by the county or the Department, the facility owner shall update the facility’s registration status to indicate the storage tank system as closed in accordance with subsection Fla. Admin. Code R. 62-761.400(2)
    (3) Closure Integrity Report, Closure Report, and Limited Closure Report Requirements.
    (a) Closure Integrity Report.
    1. A Closure Integrity Evaluation, as defined in subsection Fla. Admin. Code R. 62-761.200(10), must be performed no more than 45 days prior to closure, replacement, or change in service from a regulated substance to a non-regulated substance for all double-walled storage tanks, double-walled integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil. A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation.
    2. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled tanks, integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil to determine if there are any products or pollutants or any water other than condensate present within the interstice. For storage tank system components where the interstitial space cannot be visually inspected, other methods approved by the manufacturer, PEI RP 1200-17, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.
    3. A Closure Integrity Evaluation for single-walled piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil requires a hydrostatic test or another test approved by the manufacturer.
    4. The county must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to subsection Fla. Admin. Code R. 62-761.405(2)
    5. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with subsection Fla. Admin. Code R. 62-761.405(3), and the investigation of the incident in accordance with subsection Fla. Admin. Code R. 62-761.430 If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition, hereby adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11121, or the Department address given in paragraph Fla. Admin. Code R. 62-761.210(1)(e), or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, regardless of the date of installation of the storage tank system or system component being closed.
    6. The owner or operator who does not or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph Fla. Admin. Code R. 62-761.800(3)(a), before the storage tank system or system component has been removed or closed in-place, regardless of the date of installation of the storage tank system or system component, shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition.
    (b) Closure Report. In cases where an investigation is conducted at the time of closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition, a Closure Report shall be submitted in writing or electronic format to the County within 60 days of completion of the system or system component closure, replacement, or change in service from a regulated substance to a non-regulated substance. The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition.
    (c) Limited Closure Report. Form 62-761.900(8), Limited Closure Report Form for USTs shall be submitted in writing or electronic format to the county within 60 days of completion of the closure, replacement, or change in service from a regulated substance to a non-regulated substance in cases where:
    1. A Closure Integrity Evaluation passed,
    2. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, or
    3. A Closure Integrity Evaluation or Closure Report were not required because the closure only involved storage tank system components that were not in contact with the soil.
Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History—New 12-10-90, Formerly 17-761.800, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 10-13-19.