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Chapter 62-761, Florida Administrative Code Rule Development Workshop

Chapter 62-761, Florida Administrative Code Rule Development Workshop. June 20, 2018. Housekeeping. Attendees Safety – Exits and stair locations Restrooms – Located on either side of elevators Cafeteria on first floor

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Chapter 62-761, Florida Administrative Code Rule Development Workshop

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  1. Chapter 62-761, Florida Administrative Code Rule Development Workshop June 20, 2018

  2. Housekeeping • Attendees • Safety – Exits and stair locations • Restrooms – Located on either side of elevators • Cafeteria on first floor • We will escort you to first floor where you will turn in your visitor’s badge after the workshop • On the Webinar • We will take Rule comments and questions via email to: • Bill.Burns@floridadep.gov and Kimberley.Curran@floridadep.gov • If you have a question that we can answer during the Webinar, you can type in your question online. • On the Teleconference Call • Your line is muted if you did not receive an Audio PIN, please submit your questions or comments to Bill Burns and Kim Curran in Storage Tank Compliance. Call Kim after this webinar at 850-245-8849 for assistance. • The webinar presentation is posted on the Compliance Assistance Announcement webpage. Florida DEP

  3. Welcome • Rule Development Workshop for Chapter 62-761, Florida Administrative Code (F.A.C.) • Re-opening several rules within Underground Storage Tank Systems requiring clarification after the January 11, 2017, rule adoption. • Please submit any questions or suggested changes to the Rules, Forms or DEP Reference Guidelines which are currently open for revision to: • William Burns at Bill.Burns@floridadep.gov, and • Kim Curran at Kimberley.Curran@floridadep.gov. • Or send to Florida DEP, 2600 Blair Stone Rd, MS 4560, Tallahassee, Florida 32399-2400, Attn: Bill Burns and Kim Curran. Florida DEP

  4. Chapter 62-761, F.A.C. • History • The current version of Chapter 62-761, F.A.C., Underground Storage Tank Systems, was adopted January 11, 2017. • Purpose of this Rulemaking • After adoption, the department discovered some of the rules required some clarification and revision. • The department received a few suggested changes from industry over time and from our district and county subject matter experts. • Many of the requested changes are part of this draft version of rules within Chapter 62-761, F.A.C. Florida DEP

  5. Rule 62-761.200, F.A.C. • Definitions • 62-761.200(12) Closure Report • Revising Reference Guideline date • 62-761.200(42) Pesticides • Updating United States Code Citations • 62-761.200(44) Piping Sump • Removing extra word • 62-761.200(59) Sump • Adding this new term to definitions and including within the definition of hydrant sump Florida DEP

  6. Rule 62-761.210, F.A.C. • Reference Guidelines • Updating several reference guidelines to newest versions or clarifying their dates. • 62-761.210(2)(e) • Opening DEP reference guideline - Instructions for Conducting Sampling During Underground Storage Tank Closure for clarification if needed. • 62-761.210(2)(n)1. • Updating weblink for 40 CFR Part 280. Florida DEP

  7. Rule 62-761.300, F.A.C. • Applicability • 62-761.300(2)(m) Exemptions • Updating revised weblink for 40 CFR PART 280—Technical Standards and Corrective Action Requirements For Owners and Operators of Underground Storage Tanks (UST). • 62-761.300(2)(v) • Updating Reference Guideline edition. Florida DEP

  8. Rule 62-761.400, F.A.C. • Facility Registration • 62-761.400(1)(b) and (c) For Installations: • Updating the Storage Tank Facility Registration and the Certified Contractors Form Date. • 62-761.400(2)(b) For Change in Service or Closure: • Adding clarification language for submitting the Certified Contractor’s Form. • 62-761.400(4)(b) Registration Fees • Removing language and specifying the tank owner is responsible for registration fees. • 62-761.400(6)-Revocation of Registration Placard • Clarifying placard revocation language. Florida DEP

  9. Rule 62-761.405, F.A.C. • Notification • 62-761.405(2)(c) • Updating date and link for the Closure Integrity Evaluation Report Form for USTs. Florida DEP

  10. Rule 62-761.420, F.A.C. • Financial Responsibility • 62-761.420(2) • Updating Limited Closure Report Form for USTs date and link. • 62-761.420(3) • Updating Financial Responsibility (FR) Form date and link. • Requiring use of FR Form wording versus EPA Form wording. • Moving a sentence out of .420(3) to .420(4). • 62-761.420(4) • Clarifying language. • Moved sentence from .420(3), and revising language regarding maintaining evidence of FR in accordance with Recordkeeping requirements. • 62-761.420(5) • Revising language to specify FR requirements should be in accordance with Rule 62-761.420, F.A.C. • 62-761.420(8) • New subsection with new language for government-owned facilities. • Government-owned facilities demonstrating proof of financial responsibility using a financial test or government fund must prepare the relevant parts of Form 62-761.900(3), within 180 days after the close of each succeeding fiscal year. Florida DEP

  11. Rule 62-761.430, F.A.C. • Incidents • 62-761.430(1)(a)2. Incidents include: • Adding additional system components for clarification. • 62-761.430(4) • Removing language that will conflict with new language in other rules (Repairs and Closure). Florida DEP

  12. Rule 62-761.500, F.A.C. • Storage Tank System Requirements • 62-761.500(1) General Requirements • Updating rule reference editions throughout and including language for manufacturer’s requirements for clarification. • 62-761.500(3)(a) Integral Piping Section • Removing confusing language regarding vertical fill piping. • 62.761.500(3)(g) • Extending anti-siphon valve installation requirement to a year from the effective date of the amended rule for tanks installed prior to the effective date of the rule. • 62-761.500(3)(j) • Adding new language for bulk product piping associated with underground storage tank systems. This language directs you to the bulk product piping requirements in Chapter 62-762, F.A.C., Aboveground Storage Tank Systems, specifically subsection 62-762.502(4), F.A.C. Florida DEP

  13. Rule 62-761.500, F.A.C. • Storage Tank System Requirements – Continued • 62-761.500(7) Storage Tank Installation - Overfill Protection • Revising overfill protection subsection so that owners and operators are required to designate one registered overfill protection device and any additional overfill devices (registered or not) must not interfere with the registered primary designated overfill protection device. • This designated device must be permanently labeled or tagged so that the person filling the storage tank(s) can identify which device is the owner/operator’s designated device. • Only this designated primary device will be required to perform annual operability testing. • Revising language for 2,000 gallon or less tanks that do not receive deliveries by a mated (joined) tight fill adaptor connection. • Other overfill language is being moved and renumbered. Florida DEP

  14. Rule 62-761.700, F.A.C. • Repairs, Operation and Maintenance • 62-761.700 • Updating reference guidelines throughout this rule. • 62-761.700(1)(a) Repairs • Removing unnecessary language. • 62-761.700(1)(b)3. • Adding new language regarding repairs for systems that have an ongoing discharge. • Adding language stating an owner/operator has 90 days to repair their system or register it out-of-service. They will have 365 days to bring it back into service from the date it goes out-of-service or permanently close the storage tank system. • 62-761.700(2)(b)2. Cathodic Protection • Syncing up cathodic protection language with aboveground rule language. Florida DEP

  15. Rule 62-761.700, F.A.C. • Repairs, Operation and Maintenance – Continued • 62-761.700(3)(a) Integrity Testing • Clarifying language regarding using PEI/RP1200 when no manufacturer testing specification is available. • 62-761.700(3)(a)1.b., & c. (Piping and Dispenser Sumps) • Revising language from “below-grade” to “in contact with the soil” and clarifying every three years by including “not to exceed 36 months”. • 62-761.700(3)(a)1.d. (Double-walled Spill Containment Systems) • Clarifying three years by including, “not to exceed 36 months”. • 62-761.700(3)(a)1.e. (Single-walled Spill Containment Systems) • Updating language by stating, “by January 11, 2018”. Florida DEP

  16. Rule 62-761.800, F.A.C. • Out-of-Service and Closure Requirements • 62-761.800(1)(b)6. Out-of-Service • New language reminding owner/operators that they will also need to register their tanks out-of-service. • 62-761.800(2)(a)2. Closure of Storage Tank Systems • Adding language in closure section that repairs must be made within 90 days or the storage tank system must be taken out-of-service. • 62-761.800(2) & (3) Closure and Reports for Closure • Updating reference guideline editions. • 62-761.800(3)(a)2. Reports for Closure • Adding option to use reference guideline PEI/RP1200 for Closure Integrity Evaluations where visual inspections of interstitial spaces cannot be done. (PEI - Petroleum Equipment Institute). Florida DEP

  17. Rule 62-761.800, F.A.C. • Out-of-Service and Closure Requirements – Continued • 62-761.800(3) Reports for Closure… continued • Updating date of Instructions for Conducting Sampling During Underground Storage Tank Closure to the current edition if needed. • 62-761.800(3)(c) • Reorganizing language into a list for easier reading. Florida DEP

  18. Rule 62-761.850, F.A.C. • Alternative Procedures, Equipment Registration and Registration of Operator Training Providers. • 62-761.850(2) Equipment Registration • Revising Equipment Registration Form and updating the form date and link in Rule. Florida DEP

  19. Rule 62-761.900, F.A.C. • Storage Tank Forms (Changes in colored font on forms) • Updating/clarifying/revising the following forms: • Form 62-761.900(2) Storage Tank Facility Registration Form • Clarifying • Form 62-761.900(3) Financial Mechanisms for Storage Tanks • Updating and clarifying • Form 62-761.900(5) Underground Storage System Installation and Removal Form for Certified Contractors • Clarifying • Form 62-761.900(7) Closure Integrity Evaluation Report Form for USTs • Clarifying • Form 62-761.900(8) Limited Closure Report Form for USTs • Clarifying • Form 62-761.900(9) Storage Tank Equipment Registration Form • Revising and clarifying Florida DEP

  20. Thank You For Attending Thank You For Attending the Underground Storage Tank Systems Rule Development Workshop Any Questions? Florida DEP

  21. Comments Please submit your comments by Wednesday, July 18, 2018 • Via Email: • William Burns at Bill.Burns@floridadep.gov, and • Kim Curran at Kimberley.Curran@floridadep.gov. • Or Send To: • Florida DEP, 2600 Blair Stone Rd, MS 4560, Tallahassee, Florida 32399-2400 Attn: Bill Burns and Kim Curran Florida DEP

  22. Chapter 62-761, F.A.C. Storage Tank Systems Rulemaking Contacts • Bill Burns 850-245-8842 • Bill.Burns@floridadep.gov • Kim Curran 850-245-8849 • Kimberley.Curran@floridadep.gov • Main webpage - Storage Tank Compliance • Go to the Announcements webpage for Rulemaking updates - Compliance Assistance Program Announcements Florida DEP

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