Section 62-762.891 - Mineral Acid Storage Tank RequirementsThe 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 tank systems are only subject to Rule 62-762.891, F.A.C.
(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: 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, or3. 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.(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, or3. 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,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);(b) The current certification of secondary containment on Form 62-762.891(1); and,(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.Fla. Admin. Code Ann. R. 62-762.891
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.
New 6-21-04, Amended by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017.New 6-21-04, Amended 1-11-17.