Regulations Come In Phases

At a recent National Institute for Storage Tank Management (NISTM) seminar in Tampa, the schedule for updating the current version of the Florida State Storage Tank Rule was discussed.  The current plans are to take care of the update in three phases. No firm timetable was discussed, however general date targets were identified.

Phase I will split the storage tank rule into two parts.  The underground storage tank (UST) rule and the aboveground storage tank (AST) rule.  This change will help to clarify and simplify the storage tank rules. No other changes are planned in Phase I.  

Phase II will be the non-controversial updates to incorporate the current versions of the reference standards, eliminate unacceptable standards, reference more appropriate standards and eliminate the tables and deadlines. It is anticipated that these updates could take place in the next two to three months.

The Florida regulatory process allows only currently published reference standards to be incorporated into the Florida Administrative Code (F.A.C.).  Florida cannot reference the "latest version". As a result, as referenced standards are updated, the F.A.C. cannot automatically incorporate the latest changes.

A number of the key standards have been revised since the July 13, 1998 rule went into effect.  One example is API-653. The latest version of API-653 is the 3rd edition, Addendum 1, September 2003.  While the recent changes to API-653 do not significantly change the requirements, FDEP's regulation still specifically references the December 1995, with Addenda 1, December 1996 edition.

In addition to reference standard updating, FDEP plans to revise the charts and deadlines that have already passed.    FDEP is not granting additional time, or setting new deadlines, only eliminating references to those that have already passed.

Phase II will also include the elimination of reference standards that do not currently meet the FDEP’s requirements, along with the substitution of standards that are more appropriate.

An example of this update is the elimination of ASME B31.4 standard and the substitution of ASME B31.3.  B31.4 addresses transportation systems, such as pipelines, while B31.3 is intended for refinery process piping.  B31.3 is more appropriate as the piping standard for fuel facilities.  Another example is the elimination of API RP-1110, "Recommended Practice for the Pressure Testing of Liquid Petroleum Pipelines". RP-1110 is specifically intended for cross-country pipelines, it allows too much product loss in an acceptable test.

Phase III will  update the rule to incorporate changes that could present some controversy. This change will possibility take 12 months or more. These changes will include the possible elimination of the Alternative Procedures (AP) and the addition of other methods of secondary containment.  Because this phase will involve significant changes, and possible monetary impact on industry, the Florida Legislature must approve these changes.