Fla. Admin. Code Ann. R. 62-762.891 - Mineral Acid Storage Tank Requirements
The purpose of this rule is to minimize the occurrence and
environmental risks of discharges from aboveground storage tanks having
capacities greater than 110 gallons that contain hydrobromic, hydrochloric,
hydrofluoric, phosphoric or sulfuric acid if at least 20 percent by weight of
the solution is one of the five listed acids. Mineral acid storage
(1) Definitions. All words and phrases
defined in Section 376.321, F.S., shall have the
same meaning when used in this rule unless specifically stated otherwise in
this rule. See Section
376.321, F.S., for the
definition of the following terms: "Aboveground, " "Facility, " "Flow-through
process tank , " "Mineral acids, " "Nonresidential, " "Operator, " "Owner, " and
"Permitted wastewater treatment system." The following words, phrases, or terms
used in this rule, unless the context indicates otherwise, shall have the
following meaning:
(a) "Containment and
integrity plan" or "CIP" means a document designed, created, and maintained at
a facility, which shall be considered a public record and made available
pursuant to the provisions of Chapter 119, F.S. The CIP establishes procedures
for the inspection and maintenance program for tanks storing mineral acids at
that facility. The inspection and maintenance program shall be designed for the
chemical and physical characteristics of the specific mineral acid stored, and
for the specific materials of construction of the tank . The CIP shall be
designed to ensure control of the specific mineral acid for the expected
lifetime of the tank . Form
62-762.891(1)
Containment and Integrity Plan Certification Form, effective date, January
2017, is hereby adopted and incorporated by reference, and copies are available
from the Division of Waste Management, Department of Environmental Protection,
M.S. #4500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or
http://www.flrules.org/Gateway/reference.asp?No=Ref-07698,
or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(b) "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.
(c) "Discharge" includes, but is not limited
to, any spilling, leaking, seeping, pouring, misapplying, emitting, emptying,
or dumping of any mineral acid which occurs and which affects lands and the
surface and ground waters of the state.
(d) "Discovery " means, as related to a
discharge, initial detection of mineral acids in ground water or surface water,
or the initial detection of soil contamination, resulting from the discharge of
mineral acids in quantities greater than the amounts reportable this
rule.
(e) "Inspection and
maintenance plan" means a plan that establishes the procedures used to prevent
releases of mineral acids.
(f)
"Liner " means an artificially constructed material of sufficient thickness,
density, and composition that will contain the discharge of any specified
mineral acid from an aboveground tank until such time as the mineral acid can
be neutralized or removed. The liner shall prevent any escape of specified
mineral acids or accumulated liquid to the soil, surface water, or groundwater
(except through secondary containment as provided in paragraph
62-762.891(1)(g),
F.A.C.).
(g) "Secondary
containment " means a system that is used for discharge prevention, and may
include one or more of the following devices:
1. A double-walled tank ,
2. An external liner placed under and around
each tank , sealed to its supports, and either designed and built to contain a
minimum of 110 percent of the capacity of the largest tank within the
containment ; or equipped with a drainage system routed to a permitted
wastewater treatment system or plant recirculating process system that is
capable of containing any accidental release from the tank , or
3. A system or structure constructed such
that accidental releases from a tank would be collected by a drainage system
within the system or structure and routed to a permitted wastewater treatment
system, or plant recirculating process system, or alternative containment
system registered with the Department in accordance with Rule
62-762.851,
F.A.C.
(h) "Stationary"
means a tank or tanks not meant for multiple site use or that remain in one
location at the facility site for a period of 180 days or longer.
(i) "Tank " means an aboveground stationary
device that is constructed primarily of non-earthen materials (e.g., concrete,
metal, plastic, glass) that provides structural support and is designed
primarily to contain mineral acids. Connected piping from the tank to and
including the nearest cutoff valve shall be considered part of the tank for
purposes of this definition. "Tank " does not include flow-through process
tanks.
(2) Applicability.
(a) The requirements of this rule apply to
owners and operators of a facility with an aboveground storage tank with a
storage capacity of more than 110 gallons that contains mineral
acids.
(b) The following systems
are exempt from the requirements of this rule:
1. Any mobile or skid tank that is moved at
least every 180 days,
2. Any tank
containing mineral acids that are less than 20% by weight of the solution,
3. Any tank of 110 gallons or less
capacity that contains mineral acids,
4. Any flow-through process tank ,
5. Any tank that is located in a completely
enclosed building where a release of mineral acid would be contained within the
building and not result in a discharge; and,
6. Any tank containing mineral acids that are
regulated as hazardous wastes under Subtitle C of the Resource Conservation and
Recovery Act .
(3) Registration.
(a) The owner of any tank containing mineral
acids, that was not previously registered, shall register the tank within 10
days of its discovery with the Department on Form
62-762.901(2),
Storage Tank Facility Registration Form (Registration Form ), incorporated by
reference in paragraph
62-762.401(1)(b),
F.A.C.
(b) For tank installations,
a completed Registration Form shall be submitted in electronic or paper format
to the Department no later than 30 days after mineral acids are put into a tank
previously unregistered. The Department encourages the electronic submittal of
the Registration Form available online here:
http://www.fldepportal.com/go/submit-registration/,
or the form can be obtained at
http://www.flrules.org/Gateway/reference.asp?No=Ref-07695,
or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(c) For change in service status or closure
pursuant to Rule 62-762.801, F.A.C., a completed
Registration Form shall be submitted in paper or electronic format to the
Department within 10 days after completion of the change in service status or
closure.
(d) A completed
Registration Form shall be submitted in paper or electronic format to the
Department within 10 days of the following changes or discovery :
1. Any change in the owner or operator of a
facility or of a tank ; and,
2. Any
change or correction in the information reported on the Registration
Form .
(4)
Registration fees.
(a) Registration fees are
due from the owner or operator for all registered tanks as indicated in this
subsection.
(b) Registration fee
schedule.
1. Within 30 days after receipt of
notification by the Department, the following fees shall be submitted:
a. $50.00 per tank for each initial
registration,
b. $25.00 per tank
for annual renewal of tanks with capacities of 125, 000 gallons or less; and,
c. One dollar per every 5, 000
gallons of storage capacity, per tank , for annual renewal of tanks with
capacities of greater than 125, 000 gallons.
2. Total annual registration fees for
renewals shall not exceed $2, 500.00 per facility.
(c) Each facility shall receive a
registration placard upon payment of all applicable fees. The placard shall be
available for inspection by the Department or county and filed with records
maintained in accordance with this section.
(5) Notification.
(a) The county shall be notified of the
certification or recertification of the CIP or the secondary containment system
on Form 62-762.891(1),
in writing or electronic format within 10 days of the completion of the form.
The form shall be signed by a professional engineer licensed in the State of
Florida.
(b) Notification of
incidents. Within 72 hours, or close of the county 's next business day, the
county shall be notified in writing or electronic format of any release into a
secondary containment system of a mineral acid in excess of 110 gallons, or the
reportable quantity in effect on July 1, 1991, under the Comprehensive
Environmental Response Compensation and Liability Act of 1980, whichever is
greater.
(c) Notification of
discharges. Within 24 hours of discovery , or before the close of the county 's
next business day, a Discharge Report Form
62-762.901(1),
incorporated by reference in subsection
62-762.411(5),
F.A.C., shall be used to report any discharge in writing or electronic format
to the county exceeding:
1. 100 pounds of
hydrobromic or hydrofluoric acid,
2. 1, 000 pounds of sulfuric acid,
or
3. 5, 000 pounds of hydrochloric
or phosphoric acid.
(6) Storage tank system requirements for
mineral acid tanks.
(a) General.
1. Tanks installed on or before July 1, 1992,
shall either be covered under a CIP or have secondary containment .
2. Tanks installed after July 1, 1992, shall
have secondary containment .
(b) Secondary Containment .
1. A professional engineer licensed in the
State of Florida shall certify on Form
62-762.891(1)
that the tank or tanks have secondary containment .
2. Secondary containment shall be recertified
on Form 62-762.891(1)
by a professional engineer licensed in the State of Florida if a new tank is
added to a facility or if there is a structural change to the containment .
Secondary Containment does not need to be reviewed and updated for tanks where
there has been no structural change to the containment .
3. Secondary containment shall be properly
maintained. Any cracks, degradation, punctures, or other similar defects to the
integrity of the secondary containment shall be repaired. If repairs cannot be
made to ensure the tank 's original integrity, the tank shall be
emptied.
(c) Containment
and Integrity Plan.
1. A professional engineer
licensed in the State of Florida shall certify on Form
62-762.891(1)
that the tanks covered by the CIP for that facility have been inspected and
maintained in accordance with the CIP and that the integrity and containment of
the tanks has not been compromised. For purposes of this certification,
maintenance will be presumed to have been performed if the professional
engineer verifies that records demonstrating compliance with this subsection
are available, complete, and indicate proper maintenance .
2. The CIP shall include procedures and
requirements to minimize the risk of spills, releases, and discharges from
tanks. The CIP shall be reviewed, updated, and recertified on Form
62-762.891(1)
at least every two years by a professional engineer licensed in the State of
Florida. The CIP shall be made available for inspection by the Department or
county , and shall address:
a. An inspection
and maintenance program detailing the qualifications of the person providing
the inspection, the inspection and routine maintenance procedures, schedules
used to evaluate and maintain the integrity of the tank , release detection
procedures, and frequency of inspections and proper response to inspection
findings,
b. Materials of
construction for each tank and compatibility of the mineral acid with the
construction materials,
c.
Location of surface water bodies near the tank and the potential for discharges
to enter the surface water body or to move off-site,
d. Discharge response procedures for
containment and abatement,
e.
Cleanup procedures,
f. Procedures
and equipment for treating spill wastes,
g. Procedures for disposing of spill
wastes,
h. Containment and
diversionary structures to prevent discharges from entering the nearby surface
water bodies or moving off-site; and,
i. A demonstration of corrosion protection of
the tank if the tank is in contact with the
soil .
(7) Recordkeeping. The following records, as
applicable whether in paper or electronic format, shall be dated and available
for inspection by the Department or county . If records are not kept at the
facility, they shall be made available at the facility or another agreed upon
location upon five business days of the Department's or county 's request:
(a) The current CIP along with an up-to-date
Form 62-762.891(1);
(c) A copy of all
DRFs.
(8) Discharge
response.
(a) When evidence of a discharge
from a tank is discovered and reported in accordance with paragraph
62-762.891(5)(c),
F.A.C., the owner or operator shall:
1. Remove
as much of the mineral acid from the tank as necessary to prevent further
discharge,
2. Repair the tank in
accordance with original design specifications; and,
3. If the storage tank cannot be repaired,
all mineral acid shall be removed from the tank and the tank shall be
permanently closed.
(b)
Any owner or operator of a facility discharging mineral acids shall immediately
undertake to contain, remove, neutralize, or otherwise abate the discharge
under all applicable Department rules, for example Chapter 62-780,
F.A.C.
(9) Forms. Form
62-762.891(1)
Containment and Integrity Plan Certification Form, January 2017,
incorporated in paragraph
62-762.891(1)(a),
F.A.C., is used by the Division of Waste Management for mineral acid tanks.
This form is listed by form number, subject title, and effective date. Copies
of the form are available by writing to the Florida Department of Environmental
Protection, Division of Waste Management, 2600 Blair Stone Road, MS #4500,
Tallahassee, Florida 32399-2400, or online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-07698,
or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
Notes
Rulemaking Authority 376.322(3), 403.087 FS. Law Implemented 376.320, 376.321, 376.322, 376.323, 376.324, 376.325, 403.087 FS.
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