Portions of a state UST program can be more restrictive than the federal UST program; however, they cannot be less restrictive than the federal UST program. If a portion of a state UST program is less restrictive than the federal UST program, then the federal program is in effect for that portion. Reviewing the specific section of the FDEP UST regulation regarding release detection requirements identifies one portion that is more restrictive and one section that is less restrictive.

62-761.600 Release Detection Requirements - (e) Visual inspections. At least once a month, but not exceeding 35 days, every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances that can be inspected visually shall be visually inspected and documented as to its condition pursuant to Rule 62-761.710, F.A.C. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records. Repairs shall be made in accordance with Rule 62-761.700, F.A.C. The positive response shall be reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C., if it is determined that a release has occurred. A monthly visual inspection is not required for any system component using an electronic release detection method; however, piping and dispenser sumps that use an electronic release detection method must also be visually inspected every six months and records kept of the visual inspection.

———————————————————————————————————————————————————————————————————————

FDEP regulation exceeds federal regulation - At least once a month, but not exceeding 35 days, every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances that can be inspected visually shall be visually inspected. A monthly visual inspection is not required for any system component using an electronic release detection method; however, piping and dispenser sumps that use an electronic release detection method must also be visually inspected every six months and records kept of the visual inspection.

The federal regulation requires the spill containment sumps/spill buckets to be inspected monthly, however the under-dispenser containment (UDC) sumps and submersible turbine pump (STP) sumps are only required to be inspected yearly. As the FDEP requirement is more stringent than the federal requirement, owner/operators of USTs in Florida must follow the FDEP requirement.

———————————————————————————————————————————————————————————————————————-

Federal regulation exceeds FDEP regulation - At least once a month, but not exceeding 35 days, every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances that can be inspected visually shall be visually inspected. A monthly visual inspection is not required for any system component using an electronic release detection method; however, piping and dispenser sumps that use an electronic release detection method must also be visually inspected every six months and records kept of the visual inspection.

The federal regulation requires inspections to be conducted no later than 30 days from the prior inspection. As the federal requirement of 30 days is more stringent than the FDEP requirement of 35 days, owner/operators of USTs in Florida must follow the federal regulation for those items required by the federal regulation.

———————————————————————————————————————————————————————————————————————-

FDEP does not have a mandated form for conducting the 30-Day UST Visual Walkthrough Inspection; however, FDEP has recommended the use of the PEI RP900 - UST Inspection and Maintenance (2021 Edition) forms. However, FDEP has stated that an alternative form can be used if it meets the requirements of Chapter 62-761.