Fla. Admin. Code Ann. R. 62-762.802 - Out-of-Service and Closure Requirements for Field Erected Storage Tank Systems

(1) Temporary out-of-service. Field erected storage tank systems taken temporarily out-of-service are those that are emptied solely for the purpose of cleaning, routine maintenance, or change of product for a time period exceeding 90 days, but less than 365 days. These storage tank systems shall:

(a) Continue to operate and maintain corrosion protection in accordance with subsection 62-762.702(2), F.A.C.;

(b) Perform release detection monthly in accordance with applicable provisions of Rule 62-762.602, F.A.C., if the tank system has an external release detection method;

(c) Leave venting systems open and functioning; and,

(d) Be returned to in-service status or be designated as out-of-service within 365 days of being taken temporarily out-of-service.

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

(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 62-762.702(2), F.A.C.,

2. Continue to maintain and demonstrate financial responsibility pursuant to Rule 62-762.421, F.A.C.,

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 the regulated substances remains in the storage tank,

5. Secure or close off the system to outside access,

6. Register the storage tank system out-of-service in accordance with Rule 62-762.401, F.A.C.; and,

7. Perform a visual inspection annually, not to exceed 12 months, of every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances, that can be visually inspected. Each annual visual inspection of the storage tank system shall be documented as to its condition pursuant to Rule 62-762.711, F.A.C., and will be deemed timely if performed within the same calendar month in which the test is due. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. If it is determined that a release has occurred while the system is out-of-service; and,

a. The incident investigation reveals a release has led to a discharge while the storage tank system is out-of-service and storing regulated substances at no more than one inch in depth or 0.3 percent by weight of total system capacity, then the response to the discharge shall be in accordance with paragraphs 62-762.441(6)(a), (b), (e), (f), and (g), F.A.C. Repairs shall be made within 365 days of the discharge discovery in accordance with paragraphs 62-762.702(1)(a), (c), (d), and (e), F.A.C. If the system cannot be repaired within 365 days after the discovery the discharge, it shall be permanently closed pursuant to subsection 62-762.802(3), F.A.C.

b. The incident investigation reveals a release has not led to a discharge while the storage tank system is out-of-service, then repairs shall be made in accordance with paragraphs 62-762.702(1)(a), (c), (d), and (e), F.A.C., prior to bringing the storage tank system back into service.

(c) Facility owners and operators of out-of-service storage tank systems shall monitor tank bottom release detection systems or devices annually but not to exceed 12 months. The annual monitoring of tank bottom release detection systems or devices will be deemed timely if performed within the same calendar month in which the test is due. Records of these inspections shall be maintained in accordance with subsection 62-762.711(2), F.A.C. In the event that there is any positive response of a tank bottom release detection device, an INF must be submitted in writing or electronic format and an investigation as to the cause performed pursuant to Rule 62-762.431, F.A.C.

(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 62-762.602(1)(e), F.A.C.,

2. Monthly inspection of electronic release detection devices in accordance with paragraph 62-762.602(1)(g), F.A.C., and

3. Release detection device annual operability testing, containment and interstitial integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be current in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system. In addition, before being returned to service, storage tank systems that have been out-of-service for more than 365 days must be:

a. Structurally evaluated in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), for field erected tanks, incorporated by reference in subsection 62-762.411(3), F.A.C.; and,

b. Integrity tested in accordance with Rule 62-762.702, F.A.C., for integral piping.

(e) Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 62-762.702, F.A.C., 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 paragraph 62-762.802(3)(b), F.A.C.

(f) Storage tank systems without secondary containment, not requiring repairs pursuant to Rule 62-762.702, F.A.C., shall not remain in a continuous out-of-service status for more than five years. Upon expiration of this time period, the storage tank system must be closed in accordance with paragraph 62-762.802(3)(b), F.A.C.

(g) Field erected tanks changing the type of product stored within the tank shall comply with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C.

(3) Closure of storage tank systems.

(a) The following storage tank systems must be closed within 90 days in accordance with the provisions of this subsection:

1. A storage tank system that is out-of-service, and has not had regulated substances added to or withdrawn from the system for more than:

a. Five years after January 11, 2017, for single-walled storage tank systems, or

b. 10 years after January 11, 2017, for storage tank systems with secondary containment.

2. Upon discovery, a storage tank system that fails to meet or, if required, is not modified to meet the Storage Tank System requirements of Rule 62-762.502, F.A.C.

3. A storage tank system that requires repair pursuant to Rule 62-762.702, F.A.C., 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.

4. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to Rule 62-762.421, F.A.C., 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 for field erected storage tank systems as defined in subsection 62-762.201(9), F.A.C., and completing the Closure Integrity Evaluation Report Form for ASTs 62-762.901(7) (Closure Integrity Report), incorporated by reference in paragraph 62-762.411(2)(c), F.A.C. The form shall be submitted in paper 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 federal, state, or local requirements,

3. Removing or disconnecting and capping all integral piping,

4. Removing and disposing of a storage tank, or in-place closure by rendering the storage tank free of regulated substances and vapors at the time of closure to prevent hazardous explosive conditions, by maintaining the storage tank to prevent future explosive conditions, and by protecting the storage tank from flotation in accordance with Chapter 22 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities,

5. For single-walled storage tanks, and single-walled integral piping in contact with the soil, regardless of the date of installation of the storage tank system or storage tank system component, an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Above ground Storage Tank Closure, July 2019 Edition,

6. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes; and,

7. For single-walled storage tanks and single-walled integral piping that are not in contact with the soil, a visual inspection must be performed to determine if any discharges have occurred.

8. Once a storage tank system has been properly closed pursuant to subsections 62-762.802(3) and (4), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 62-762.901(8), incorporated by reference in subsection 62-762.421(2), F.A.C., has been submitted to and approved by the county or the Department, the facility owner shall update the facility's registration status within 10 days to indicate the storage tank system as closed in accordance with subsection 62-762.401(2), F.A.C.

(4) Closure Integrity Report, Closure Report, and Limited Closure Report.

(a) Closure Integrity Report.

1. Storage tank system and system components not in contact with soil do not require a Closure Integrity Evaluation.

2. A Closure Integrity Evaluation for field erected storage tank systems as defined in subsection 62-762.201(9), F.A.C., must be performed no more than 45 days prior to closure or replacement for all double-walled and double-bottomed storage tanks, double-walled integral piping, and hydrant sumps in contact with soil. Spill containment systems that are completely below-grade also require a Closure Integrity Evaluation. A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation.

3. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled and double-bottomed storage tanks, double-walled integral piping, and double-walled hydrant sumps 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, API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), PEI/RP1200-19, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

4. A Closure Integrity Evaluation for single-walled hydrant sumps that are in contact with the soil, and single-walled spill containment systems that are completely below-grade require a hydrostatic test or another test approved by the manufacturer.

5. The County must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to paragraph 62-762.411(2)(c), F.A.C.

6. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with paragraph 62-762.431(1)(f), F.A.C., and the investigation of the incident in accordance with Rule 62-762.431, F.A.C. 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 Above ground Storage Tank Closure, July 2019 Edition, regardless of the date of installation of the storage tank system or system component being closed.

7. The owner or operator who does not, or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 62-762.802(4)(a), F.A.C., 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 Above ground 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 Above ground 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 or replacement. The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Above ground Storage Tank Closure, July 2019 Edition.

(c) Limited Closure Report. Form 62-762.901(8), Limited Closure Report Form for ASTs shall be submitted in writing or electronic format to the County within 60 days of completion of the closure or replacement 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 a storage tank system or system components that were not in contact with the soil.

Notes

Fla. Admin. Code Ann. R. 62-762.802

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS.

Adopted by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Amended by Florida Register Volume 45, Number 191, October 1, 2019 effective 10/17/2019, Amended by Florida Register Volume 49, Number 114, June 13, 2023 effective 6/26/2023.

New 1-11-17, Amended 10-17-19, 6-26-23.