Fla. Admin. Code Ann. R. 62-761.850 - Alternative Procedures, Equipment Registration and Registration of Operator Training Providers
(1) Alternative
procedure requirements.
(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
62-761.900, F.A.C., 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 62-761.850(1)(b),
F.A.C., or
2. Denying the request
and stating the reason(s) the request does not make an adequate demonstration
that the requirements of paragraph
62-761.850(1)(b),
F.A.C., 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
62-761.900, F.A.C., 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
62-761.850(2)(f),
F.A.C.
(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
62-761.350, F.A.C., (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
62-761.850(3)(c),
F.A.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 62-761.350, F.A.C. Any approvals
or denials received from other states or countries shall be included in the
registration request to the Department.
Notes
Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS.
New 12-10-90, Formerly 17-761.850, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 7-9-19.
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