Transcript Compliance and Enforcement

Southwest District
Storage Tanks Program
presented by
Leslie Pedigo
Proposed Revisions to
Chapters 62-761 and 62-762,
F.A.C.
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
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.
Notification
 The 30 day notice prior to installation must
be in writing.
 10 days notice prior to bulk product or
hydrant piping integrity testing.
Petroleum Contact Water Tanks
Petroleum contact water tanks are subject to
the provisions of Chapters 62-761 and 62762, F.A.C.
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.
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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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.
Records
 UST installations must have “as-builts”
provided, and maintained for the life of the
system.
 Certificate of Financial Responsibility must
be submitted annually.
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
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;
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.
Enforcement of Chapters
62-761 and 62-762, FAC
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 contractorowned facilities and conduct other non-contracted
facility inspections
 Pursue enforcement actions
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
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
 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
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
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
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 noncompliance
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
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.
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.
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.
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
That’s all, folks!