(1) Alternative procedure requirements.

Terms Used In Florida Regulations 62-761.850

  • Biofuel: means fuel produced from renewable resources especially, but not limited to, organic feedstocks such as plant biomass, vegetable oils, animal fats, and treated municipal and industrial wastes. See Florida Regulations 62-761.200
  • Cathodic protection: means a method of preventing corrosion of a metal surface through the use of galvanic anodes or impressed current. See Florida Regulations 62-761.200
  • Compatible: means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the storage tank system under conditions likely to be encountered in the storage tank system. 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
  • 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
  • Integrity test: means a determination of the liquid tightness of a storage tank system or system component using one of the following types of tests:     (a) "Interstitial integrity test" means an evaluation of the interstitial space in a double-walled storage tank system or system component using vacuum, pressure, liquid filled monitoring systems, or equivalent test methods certified by a Nationally Recognized Testing Laboratory, or     (b) "Primary integrity test" means an evaluation of the liquid tightness of the primary tank or integral piping, or     (c) "Containment integrity test" means an evaluation of the liquid tightness of hydrant pits, isolation valve pits, piping sumps, dispenser sumps, and spill containment systems. See Florida Regulations 62-761.200
  • Nationally Recognized Testing Laboratory: means an international or national organization or governmental entity that can perform quantitative and qualitative tests on storage tank system equipment, evaluate the test data and equipment performance, and make determinations of the equipment's capability of meeting the technical requirements of this chapter. 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
  • Registration form: means Storage Tank Facility Registration Form 62-761. 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
  • 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) Any person subject to the provisions of this chapter may request in writing a determination by the Secretary or the Secretary’s designee that any requirement of this chapter shall not apply to a regulated storage tank system at a facility, and shall request approval of alternative procedures or requirements on Form 62-761.900(4), Alternative Procedure Form, effective date, January 2017, hereby adopted and incorporated by reference. To obtain copies of this form see rule Fla. Admin. Code R. 62-761.900, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07655, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
    (b) The request shall set forth at a minimum the following information:
    1. The specific storage tank system or facility for which an exception is sought,
    2. The specific provisions of this chapter from which an exception is sought,
    3. The basis for the exception,
    4. The alternative procedure or requirement for which approval is sought,
    5. Documentation that demonstrates that the alternative procedure or requirement provides an equivalent or greater degree of protection for the lands, surface waters or groundwaters of the state as the specific provisions of this chapter from which an alternative procedure is sought; and,
    6. Documentation that demonstrates that the alternative procedure or requirement is at least as effective as the established procedure or requirement.
    7. If an alternative procedure or requirement is not able to be sought under subparagraph 5. or 6., then documentation that demonstrates that the specific provisions of this chapter from which the exception is sought imposes regulatory costs on the regulated entity that could be reduced through approval of a less costly regulatory alternative or requirement that provides a substantially equivalent degree of protection for the lands, surface waters, or groundwaters of the State as the established requirement.
    (c) The Department shall issue an Order within 60 days of the receipt of a completed Alternative Procedure Form either:
    1. Approving the request with any conditions necessary to meet the requirements of paragraph Fla. Admin. Code R. 62-761.850(1)(b), or
    2. Denying the request and stating the reason(s) the request does not make an adequate demonstration that the requirements of paragraph Fla. Admin. Code R. 62-761.850(1)(b), have been met.
    (d) The Department’s order shall be Agency action, reviewable in accordance with sections 120.569 and 120.57, F.S. The Department’s failure to timely issue an Order does not grant or approve the request.
    (e) The provisions of this rule do not preclude the use of any other applicable relief provisions.
    (f) Facilities where an alternative procedure was previously approved by the Department may continue to operate using the conditions of the alternative procedure issued by the Department.
    (2) Registration of storage tank system equipment and release detection systems and methods.
    (a) Owners and operators shall verify at the time of installation that the storage tank system equipment and release detection systems and methods (including equipment and methods that were previously approved by the Department under the former Equipment Approval process) have been registered with the Department.
    (b) Any storage tank system equipment installed after January 11, 2017, must be registered with the Department in accordance with this subsection. Upon discovery, non-registered storage tank system equipment installed after January 11, 2017, must be removed within 90 days, unless registration is applied for or obtained and listed within the 90 day time period.
    (c) Equipment previously approved by the Department under the former Equipment Approval process and installed prior to January 11, 2017, can continue to be used regardless of later non-renewal or removal of registration from the list of registered storage tank system equipment, provided the equipment is still operating as designed and installed.
    (d) Only the storage tank system equipment as stated in this chapter shall be registered by the equipment manufacturer using Form 62-761.900(9), Storage Tank System Equipment Registration Form, (Equipment Registration Form) effective date, July 2019, hereby adopted and incorporated by reference. To obtain copies of this form see Rule Fla. Admin. Code R. 62-761.900, or https://www.flrules.org/Gateway/reference.asp?No=Ref-10741, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. The following storage tank system equipment is exempt from registration:
    1. Dispensers, dispenser islands, nozzles, and hoses,
    2. Manhole and fillbox covers,
    3. Valves and ball float valves,
    4. Cathodic protection test stations,
    5. Integral piping not in contact with soil, unless the integral piping extends over or into surface waters,
    6. Vent lines; and,
    7. Gauges used for vacuum and pressure monitoring.
    (e) Equipment registration requests shall be submitted to the Department in writing or electronic format with a demonstration that the equipment will meet the appropriate performance requirements contained in this chapter. Any approvals or denials received from other states or countries shall be included in the registration request to the Department.
    (f) A third-party demonstration by a Nationally Recognized Testing Laboratory shall be submitted in writing or electronic format to the Department with the application. The third-party demonstration shall provide:
    1. A technical evaluation of the equipment,
    2. Test results that verify that the equipment will function as designed,
    3. A professional certification or determination that the equipment meets the performance requirements contained in this chapter,
    4. Integrity test requirements and procedures,
    5. Annual operability testing procedure for the equipment or release detection system or method; and,
    6. Copies of the manufacturer’s instructions to maintain the manufacturer’s warranty.
    (g) For storage tank systems or system components that are compatible with ethanol blends greater than 10 percent or biodiesel blends greater than 20 percent, compatibility must be demonstrated to the Department by a third-party in paragraph (f), of this subsection, or manufacturer approval. Manufacturer approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or system component is compatible with, and be from the equipment or system component manufacturer.
    (h) Release detection methods and tank and piping tightness and pressure testing methods must be registered in accordance with this subsection prior to being used.
    (i) The storage tank system equipment and release detection systems and methods registered with the Department under this subsection must be renewed by the equipment manufacturer every five years. Failure to renew will result in removal from the equipment registration list. Any changes, improvements, or modifications to equipment beyond the scope of the original demonstration by the Nationally Recognized Testing Laboratory will require a renewal of the registration and a new demonstration from a Nationally Recognized Testing Laboratory pursuant to paragraph Fla. Admin. Code R. 62-761.850(2)(f)
    (j) The Department shall only place conditions upon the use of the storage tank system equipment and release detection systems and methods, remove equipment or methods from the list of registered storage tank system equipment, or not renew registration if:
    1. The information submitted to the Department is not in accordance with this subsection,
    2. The equipment does not perform in field application as certified in the third-party certification by a Nationally Recognized Testing Laboratory, or
    3. The equipment is not constructed in accordance with the approved registration or applicable Reference Guidelines.
    (3) Registration of Operator Training Providers.
    (a) Owners and Operators must verify that training providers required under rule Fla. Admin. Code R. 62-761.350, (including training which was previously approved by the Department under the former approval process) have been registered with the Department.
    (b) Training previously approved by the Department can continue to be used by operators up to 180 days after January 11, 2017. During the 180 day period the operator training provider must submit a request to be registered with the Department pursuant to paragraph Fla. Admin. Code R. 62-761.850(3)(c)
    (c) Providers of operator training requesting to be registered with the Department shall submit, in writing or electronic format, documentation that demonstrates the training material meets the requirements contained in this chapter. Operator training content shall provide instruction for the Class A, B or C operator in accordance with rule Fla. Admin. Code R. 62-761.350 Any approvals or denials received from other states or countries shall be included in the registration request to the Department.
Rulemaking Authority 376.303 FS. Law Implemented Florida Statutes § 376.303. History—New 12-10-90, Formerly 17-761.850, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 7-9-19.