Florida Regulations 62-740.100: Management Practices for Producers of PCW for Product Recovery
Current as of: 2024 | Check for updates
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(1) If subject to regulation under Chapter 62-761 or 62-762, F.A.C., a producer shall register with the Department PCW storage tanks which are not those tanks in which PCW is initially produced and shall manage such PCW storage tanks in accordance with those rule chapters. These PCW storage tanks must be clearly labeled or marked with the words “”Petroleum Contact Water.”” A producer may either maintain onsite records that reflect accumulation and removal dates of PCW from such storage tanks or clearly mark the PCW storage tanks with the date when PCW accumulation first begins after the existing PCW in the storage tank has been removed.
(2) A producer that stores PCW in containers or tanks that are not required to be registered under Chapter 62-761 or 62-762, F.A.C., shall:
(a) Ensure that the container or tank is made of or lined with material that is compatible with PCW;
(b) Keep the container or tank closed and stored in a safe manner;
(c) Label or mark the container or tank clearly with the words “”Petroleum Contact Water”” and the date when PCW accumulation first begins after the existing PCW in the container or tank has been removed;
(d) Not handle the container or tank in a manner that may rupture it or cause it to leak; and,
(e) Inspect the container or tank for leaks and deterioration at least weekly.
(3) A producer shall not store PCW in containers or tanks for more than 180 days. Producers utilizing continuous input output tanks may demonstrate compliance with this paragraph by maintaining inventory records showing throughout of more than 100% of the tank capacity or the in-put PCW during a 180-day period.
(4) A producer shall include a shipping paper with each off site shipment of PCW. The shipping paper shall identify the PCW as “”Petroleum Contact Water.””
(5) A producer shall notify the recovery facility receiving its PCW that the PCW does not contain levels of hazardous constituents above those found in the source of the PCW.
(6) A producer with on site product storage capacity of less than 95,000 gallons shall maintain records of the following PCW related activity for 3 years and shall make the records available to the Department upon five working days notice if records are not maintained onsite. A producer with on site product storage capacity of 95,000 gallons or more shall maintain records of the following PCW related activity for 3 years, shall maintain these records on site, and shall make these records available to the Department upon request. Onsite record retention may include the use of electronic media such as computers or telephone facsimiles. Records shall include:
(a) Date and volume of the PCW removed from the product or PCW tank and shipped off site.
(b) Names and addresses of transporters shipping PCW off site.
(c) Name and address of the PCW receiving facility destination.
(d) A copy of the shipping paper included with each shipment of PCW.
(e) A copy of the written statement provided to the receiving facility from the producer that the PCW does not contain levels of hazardous constituents above those found in the source of the PCW.
(f) Copies of weekly container or tank inspections required under paragraph (2)(e), of this rule.
(7) If a producer ships PCW within Florida, the producer shall only ship PCW to another producer, a petroleum refinery, a recovery facility that meets the PCW management practices, or a permitted hazardous waste facility.
(8) If a producer ships PCW outside Florida, the producer and transporter will be subject to the receiving state’s laws and regulations pertaining to the management of PCW upon leaving the State of Florida. Within the boundaries of the State of Florida, the producer and transporter must maintain compliance with Fl. Admin. Code Chapter 62-740
(9) A producer shipping PCW off site by rail or over public roads for recovery shall use a hazardous waste transporter or a transporter who has received a DEP/EPA ID number by notifying the Department on EPA Form 8700-12 of its intent to transport PCW.
(10) A producer shall not mix or commingle PCW with any other material not identified in Fl. Admin. Code R. 62-740.030(1)(a), or defined as PCW.
Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History-New 12-18-95.
(a) Ensure that the container or tank is made of or lined with material that is compatible with PCW;
(b) Keep the container or tank closed and stored in a safe manner;
(c) Label or mark the container or tank clearly with the words “”Petroleum Contact Water”” and the date when PCW accumulation first begins after the existing PCW in the container or tank has been removed;
(d) Not handle the container or tank in a manner that may rupture it or cause it to leak; and,
(e) Inspect the container or tank for leaks and deterioration at least weekly.
(3) A producer shall not store PCW in containers or tanks for more than 180 days. Producers utilizing continuous input output tanks may demonstrate compliance with this paragraph by maintaining inventory records showing throughout of more than 100% of the tank capacity or the in-put PCW during a 180-day period.
(4) A producer shall include a shipping paper with each off site shipment of PCW. The shipping paper shall identify the PCW as “”Petroleum Contact Water.””
(5) A producer shall notify the recovery facility receiving its PCW that the PCW does not contain levels of hazardous constituents above those found in the source of the PCW.
(6) A producer with on site product storage capacity of less than 95,000 gallons shall maintain records of the following PCW related activity for 3 years and shall make the records available to the Department upon five working days notice if records are not maintained onsite. A producer with on site product storage capacity of 95,000 gallons or more shall maintain records of the following PCW related activity for 3 years, shall maintain these records on site, and shall make these records available to the Department upon request. Onsite record retention may include the use of electronic media such as computers or telephone facsimiles. Records shall include:
(a) Date and volume of the PCW removed from the product or PCW tank and shipped off site.
(b) Names and addresses of transporters shipping PCW off site.
(c) Name and address of the PCW receiving facility destination.
(d) A copy of the shipping paper included with each shipment of PCW.
(e) A copy of the written statement provided to the receiving facility from the producer that the PCW does not contain levels of hazardous constituents above those found in the source of the PCW.
(f) Copies of weekly container or tank inspections required under paragraph (2)(e), of this rule.
(7) If a producer ships PCW within Florida, the producer shall only ship PCW to another producer, a petroleum refinery, a recovery facility that meets the PCW management practices, or a permitted hazardous waste facility.
(8) If a producer ships PCW outside Florida, the producer and transporter will be subject to the receiving state’s laws and regulations pertaining to the management of PCW upon leaving the State of Florida. Within the boundaries of the State of Florida, the producer and transporter must maintain compliance with Fl. Admin. Code Chapter 62-740
(9) A producer shipping PCW off site by rail or over public roads for recovery shall use a hazardous waste transporter or a transporter who has received a DEP/EPA ID number by notifying the Department on EPA Form 8700-12 of its intent to transport PCW.
(10) A producer shall not mix or commingle PCW with any other material not identified in Fl. Admin. Code R. 62-740.030(1)(a), or defined as PCW.
Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History-New 12-18-95.