Southwest District Storage Tanks Program presented by Leslie Pedigo

1. Southwest District Storage Tanks Program presented by Leslie Pedigo

2. Proposed Revisions toChapters 62-761 and 62-762, F.A.C.

3. Registration • “Valid Registration” means that applicable registration and financial responsibility requirements as specified in Rules 62-761.400 & 62-762.401, F.A.C., have been met for all regulated storage tank systems at a facility. • Each facility shall receive a registration placard upon receipt of payment of all registration fees, and proof of compliance with the financial responsibility requirements

4. Financial Responsibility (FR) • FR is required for storage tank systems until they are closed. • Tank systems that are empty or out-of-service shall maintain FR. • Documentation of FR shall be submitted to the Department annually by January 1 of each year. • A form must be updated and resubmitted to the Department w/in 10 days of an change to FR. • Separate Certifications of FR are required for UST and AST systems.

5. Notification • The 30 day notice prior to installation must be in writing. • 10 days notice prior to bulk product or hydrant piping integrity testing.

6. Petroleum Contact Water Tanks Petroleum contact water tanks are subject to the provisions of Chapters 62-761 and 62-762, F.A.C.

7. Petroleum Contact Water Tanks “Petroleum Contact Water” or “PCW” means water containing product. Examples include: • Condensate, water bottoms or drawdown water from petroleum tanks. • Water with a sheen. • Water from any petroleum piping sump, dispenser sump spill and containment system. • Aboveground petroleum tank seal leakage water. • Pumpable liquids from petroleum tank cleaning operations.

8. Petroleum Contact Water Tanks • Shop-fabricated petroleum contact water ASTs do not need secondary containment if they are elevated above and not in contact with the soil, and that have an impervious surface directly beneath the area of the tank. • Field-erected petroleum contact water ASTs do not need secondary containment if they have passed a API 653 exam.

9. Day Tanks • Day tank means a container that holds/delivers regulated substances from a tank to an generator as part of a piping system. • New Day tanks shall have overfill protection that drains back to tank or to tank containment.

10. Overfill Protection • New Day tanks shall have overfill protection that drains back to tank or to tank containment. • Waste oil tanks that receive <25 gallons at one time are not required to have overfill protection • All ASTs shall be equipped with a registered gauge that shows the level of product in the tank.

11. Overfill Protection • Owners and operators of facilities with unregistered gauges shall install registered gauges by January 1, 2010. • All new overfill alarms shall have a system for annual testing of the alarm function. • Vent restriction devices such as ball float valves shall not be installed in new tanks.

12. Containment Tanks with high viscosity product are exempt from containment. Motor oil or lube oil are no longer defined as high viscosity. Exceptions: • Lube oil ASTs (Shop-fabricated only) shall have secondary containment by January 1, 2012. • Waste oil tanks, regardless of viscosity, shall have secondary containment.

13. Containment • Small diameter piping in contact with the soil containing new motor oil shall have secondary containment by 1/1/12. • Dispensers connected to piping not in contact with soil are exempt from containment (such as a dispenser sump), provided that the dispenser is on a concrete pad and raised above concrete surface. • All loading rack areas must have A spill prevention barrier at least as large as the “footprint” of the largest vehicle and shall be designed to contain spills and drips from the fuel transfer process by 1/1/12.

14. Containment for ASTs Instead of installing secondary containment in the entire dike field area, an alternative dike field secondary containment system may be used, and must provide: • Continuous tank shell monitoring with approved probes, cables, or electronic sensors; • Immediate electronic notification to the owner or operator of overfills and leaks from the tank shell; • Stormwater management;

15. Containment for ASTs • A high (at 90% tank capacity) and a high-high level (at 95% tank capacity) overfill alarm system to be tested annually; • An impervious overfill retention system; • An automatic system for shutting off the pumps or closing of any valve; and • Secondary containment installed beneath pumps, valves, and piping connections within the dike-field area.

16. Construction All new piping not in contact with the soil shall be UV rated if exposed to sunlight and if made of non-metallic materials.

17. Release Detection • Storage tank systems containing high viscosity fuels shall establish release detection. • All pressurized small diameter piping installed after (the effective date of the rule) that is in contact with the soil must be installed with line leak detectors.

18. Release Detection Advanced release detection or containment release detection: • Manual sampling / visual monitoring for liquids; • Electronic sensing equipment; • Liquid level monitoring systems; • Passive vacuum or pressure monitoring with gauges; • Active vacuum monitoring; or • Active pressure monitoring.

19. Integrity Testing The sumps shall be tested by filling the bottom of the pit with three inches of water for three hours.The tests shall be performed with the following schedule: • Below-grade piping sumps and dispenser sumps by 1/1/12, and every three years thereafter; • Spill containment systems for ASTs within one year of (the effective date of the rule) and every year thereafter; • double-wall piping interstice by 1/1/12, and every three years thereafter; and • Hydrant sumps, with the exception of control pits, shall be tested by 1/1/12, and every three years thereafter.

20. Equipment Registration • Storage tank system equipment and release detection systems (including those previously approved) must register within 6 months of (effective date of the rule). • Non-registered storage system equipment installed after (effective date of the rule)must be removed within 90 days. •  Registered equipment must be renewed every 5 years. •  Release detection methods and tank / piping tightness and pressure tests must be listed with the National Work Group on Leak Detection Evaluations.

21. Records • UST installations must have “as-builts” provided, and maintained for the life of the system. • Certificate of Financial Responsibility must be submitted annually.

22. O&M / Integrity Testing Interstitial spaces shall be verified by performing an interstitial or containment integrity test, or other test registered in accordance with Rule 62-761.850, F.A.C. UST secondary containment systems that use active advanced release detection systems are exempt

23. O&M / Integrity Testing The tests shall be performed in accordance with the following schedule: • Double-wall USTs installed after 7/13/98 shall be tested by 1/1/12, and every 5 years thereafter; • Below-grade piping sumps shall be tested by 1/1/12, and every three years thereafter; • Below-grade dispenser sumps by 1/1/12, and every 3 years thereafter;

24. O&M / Integrity Testing • Spill containment systems within 1 year of (the effective date of the rule) and every year thereafter; • The interstice of double-wall piping with a maximum nominal diameter of five inches or less by 1/1/12 and every three years thereafter; and • Hydrant sumps, with the exception of control pits, shall be tested by 1/1/12 and every three years thereafter.

25. Enforcement of Chapters 62-761 and 62-762, FAC

26. Role of the District Offices • Oversee County compliance verification contracts • Verify quality of inspections done by County compliance verification programs • Provide technical assistance to owners/operators and County compliance programs • Conduct compliance inspections at contractor-owned facilities and conduct other non-contracted facility inspections • Pursue enforcement actions

27. Storage Tanks Enforcement Priorities SNC A • Upgrade violations • USTs not protected from corrosion or upgraded with secondary containment • ASTs not upgraded with secondary containment • Piping not upgraded with secondary containment • Release detection violations • Not provided in accordance with Table RD • USTs without release detection • ASTs without release detection

28. Storage Tanks Enforcement Priorities SNC B • Financial responsibility violations • Discharge reporting violations • Installation & Performance standard violations • Installed per reference standards • Spill containment • Dispenser liners • Overfill protection • Piping sumps • Secondary containment • Shear valves

29. Release detection violations • Performed monthly • Meets manufacturer's specifications • Site suitability determinations • Vapor monitoring plans • Interstitial monitoring • Line leak detectors • Visual inspections • System component out of operation until repaired • Closure violations • Closure assessment • Unmaintained tanks

30. Level of Effort • SNC A • Issue NCL within 10 working days • Resolve or refer within 5 working days of NCL • SNC B • Issue NCL within 10 working days • Resolve or refer within 90 days of NCL • MINOR • Issue NCL within 10 working days • Pursue resolution for 180 days • If unresolved, consult with District

31. Violations Marked Most Often • Financial Responsibility • Release Detection Response Level • Release detection performed once/month • Release detection devices tested annually • Spill containment, dispenser liners and piping sumps accessible; water and regulated substances removed • Records available within 5 working days • Required records kept by facility for 2 years

32. Enforcement Process • Non-compliance Letter • Warning Letter • Enforcement Meeting • Notice of Violation or Consent Order (if no agreement) (if in agreement) • Law suit may be filed if continued non-compliance

33. ELRA • On 5/15/01, the Environmental Litigation Reform Act (ELRA) was signed into law • ELRA led to changes to 403.121 and 403.131, F.S. • Created an administrative penalty authority • For sites were the penalty does not exceed $10,000

34. Penalties as specified in 403.121(3)(g): (Storage Tanks) • $5000 1. Failure to empty a damaged storage tank system to ensure a release does not occur until repairs are completed. 2. Failure to empty a damaged storage tank system when a release has occurred. 3. Failure to timely recover free product or failure to conduct remediation. • $3000 1. Failure to timely upgrade.

35. Penalties as specified in 403.121(3)(g): (Storage Tanks), continued: • $2000 1. Failure to conduct or maintain release detection. 2. Failure to timely investigate a suspected release. 3. Fueling an unregistered tank system. 4. Failure to timely assess or remediate contamination. 5. Failure to properly install a storage tank system. • $1000 1. Failure to properly operate, maintain, or close a storage tank system.

36. Penalties as specified in 403.121(4): (General), : • $5000 (a) Failure to have Financial Responsibility. • $4000 (b) Failure to install, maintain or use a required pollution control device. • $2000 (d) Failure to conduct required monitoring or testing. • $2000 (d) Failure to conduct release detection. • $1000 (e) Failure to submit required notification to the Department. • $500 (f) Failure to maintain required documentation.

37. Penalties as specified in 403.121(5): (General) • $500 1. Failure to comply with any other rule Other Issues that can considered: • History of noncompliance • Economic benefit • Multi-day violations

38. That’s all, folks!