The Petro Pulse - DEP's Northwest District Petroleum Storage Tank Newsletter

August 2023

Welcome to the latest edition of The Petro Pulse! Our goal is to share information that will help you understand the rules and regulations for operating and maintaining underground storage tank (UST) and aboveground storage tank (AST) facilities in Florida. We hope you find the information in this and future newsletters useful. Comments or questions are always encouraged; just contact any of the inspectors listed below.

Cathodic Protection System Testing

Operability testing of a cathodic protection (CP) system is required at various intervals within its lifetime:

Rule 62-761.700(2)(b)1, Florida Administrative Code, requires CP systems to be inspected, tested and evaluated by or under the direction of a corrosion professional. The rule further specifies that a corrosion professional is required to be accredited or certified by the National Association of Corrosion Engineers (NACE) International as either a cathodic protection specialist or corrosion specialist, or be a professional engineer licensed in the state of Florida. 

CP testers that are not NACE certified or a licensed professional engineer in Florida may operate under the direction of a corrosion professional (an engineer or NACE specialist) as long as their work is evaluated and test reports sealed by that corrosion professional.  

All records of installation, maintenance, inspections and testing of CP systems are required to be kept until the storage tank is closed.

UL-142 AST Installs

Underwriters Laboratories (UL) provides guidance on UL-142 tanks and is a national standard for many types of ASTs that are made from steel and contain flammable and combustible liquids. An important reminder with these tanks is that they are not fire-resistant or protected. The National Fire Protection Association (NFPA) publishes enforceable safety codes associated with the storage, handling and use of flammable and combustible liquids. Some of the codes found in NFPA 30 and NFPA 30A pertain to UL-142 tanks and have been incorporated into Rule 62-762, F.A.C.

• Dispensing units installed on top of a UL-142 tank are considered a fire hazard and do not meet NFPA 30A setback requirements.
  • The dispensing unit must be installed a minimum of 50 feet away from the tank in order to meet the requirements of NFPA 30A. See NFPA 30A Table 4.3.2.4 for minimum separation requirements for ASTs.
  • A dispensing unit can be installed on top of a UL-2080 (fire-resistant) or UL-2085 (protected) listed tank for fleet facilities only.
• The NFPA 30A table for separation requirements also requires that UL-142 tanks provide a minimum distance of 3 feet from each other and 50 feet from the tank to the nearest important building on the same property.
• Protection of the storage tank from vehicular impact is required with the use of guard posts or another approved type of bollard. The regulation suggests that guard posts be 4-inch diameter steel pipe filled with concrete, spaced no more than 4 feet on center and anchored no less than 3 feet below land surface in a concrete footing.

Storage Tank Rule Updates

Recent updates were made to Florida's storage tank rules in June 2023. Rule 62-761, F.A.C., for USTs went into effect on June 25, 2023, and Rule 62-762, F.A.C., for ASTs went into effect on June 26, 2023. Many of the changes were made to update reference materials and industry guidelines from organizations such as The National Fire Protection Association (NFPA), Petroleum Equipment Institute (PEI) and American Petroleum industry (API).

Please ensure you are using the most recent forms when documenting any changes or updates made after June 2023. Below is a list of some updates and changes to the rules. 

• DEP Form 62-761.900(3) Financial Mechanisms for Storage Tanks that is used to demonstrate financial responsibility has been updated. 
• Annual operability tests are to be performed within the same calendar month in which the test is due.
• An emergency generator storage tank system with 24-hour monitoring may have a release detection device that will not stop the flow of fuel providing it has an audible or visual alarm. Annual operability testing is required for these devices, and the results shall be maintained and available for inspection for three years.
• Operability testing of overfill prevention and release detection devices are required at installation and at annual intervals. All test results must be maintained and available for inspection for three years.
• Effective June 25, 2024, regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged, and facility signage shall be prominently displayed in accordance with the API Color-Symbol System.
• Annual visual inspection of out-of-service storage tank systems is required..
  • These inspections must be documented and maintained with other tank system records and made available for inspection for three years.
  • The documentation must contain the condition of the system and any observations of corrosion, leaks, structural damage or other issues.
• All component test results are required to be maintained for three years, not just annual operability and integrity testing. This would include testing completed at installation or after a repair.
• The Discharge Report Form has been updated.
• The definition of “day tank” was updated to mean a storage tank connected to a regulated tank by way of integral piping that contains the amount of fuel commonly used in a 24-hour period. Day tanks with a capacity of 550 gallons or less are provided an exemption from regulation, and day tanks over 551 gallons have until June 25, 2024, to achieve compliance with any rule requirements.

Current Placard Required for Fuel Deliveries

Storage tank placard renewal takes place every year on July 1. Every facility with a regulated storage tank is expected to pay the required registration fees and obtain a placard. This placard should be displayed in plain view in the office, kiosk or at another suitable location at the facility where the storage tank system is located. Unless a valid registration placard is displayed in plain view as required, no motor fuel may be deposited into a storage tank that is required to be registered. Facility owners, operators, and fuel suppliers are each responsible for compliance with this provision. Section 403.121(3)(g), Florida Statute, allows the department to assess a penalty of $3,000 for depositing motor fuel into an unregistered storage tank system or a system that is unable to provide proof of valid registration.  The department has a report called “Green Tag Delivery Registration Placard Recipients” that is updated daily and can be used to determine if a facility/tank is properly registered and can legally receive a fuel delivery.

• Storage Tank System Rules, Forms and Reference Guidelines - Where to find requirements for regulated storage tank systems.
• Storage Tank Systems Guidance and Information - Where to find testing and inspection checklists, guidance and reference documents, videos and general storage tank information.
• Storage Tank Facility Registration - Facility registration information, contacts and access to the ESSA Portal.
• Financial Responsibility - Storage tank financial responsibility information and contacts.
• Storage Tank System Equipment Registration - Storage tank system equipment list, equipment files, forms and information on submitting an equipment registration.
• Alternative Procedures for Storage Tanks - 
• Storage Tank Facility Information Reports - Most files are available for download by county. The common field in each file is the facility identification number.
• Petroleum Restoration - STCM/PCT Database Reports and Electronic Site Files - Database queries and Excel reports created from the Storage Tank and Petroleum Contamination Monitoring (STCM) Database. Information from individual reports can be matched to other reports using the facility identification number.
• Compliance Contracts - Information for the county and local program storage tank compliance contractors.
• Announcements for Storage Tank Compliance - Announcement page for upcoming events for the Compliance Assistance Program.
• Operator Training for Underground Storage Tanks - Information on operator training and operator training providers.

https://content.govdelivery.com/accounts/FLDEP/bulletins/3689eee