(1) General Requirements.
The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, and owners and operators of storage tank systems with individual storage tank capacities greater than 110 gallons, that contain or contained regulated substances. Storage tank systems or system components installed after January 11, 2017, shall comply with this chapter upon installation. Unless otherwise specified in this chapter, storage tank systems or system components installed before January 11, 2017, are subject to the applicable Reference Standards listed in the Department’s storage tank rules that were in effect at the time the storage tank systems or system components were installed.

Terms Used In Florida Regulations 62-761.300

  • Biofuel: means fuel produced from renewable resources especially, but not limited to, organic feedstocks such as plant biomass, vegetable oils, animal fats, and treated municipal and industrial wastes. See Florida Regulations 62-761.200
  • Empty: means all regulated substances have been removed so that no more than one inch in depth or 0. See Florida Regulations 62-761.200
  • Integral piping: means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. See Florida Regulations 62-761.200
  • Pesticides: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses, bacteria, or fungi on or in living humans or other animals, which the Department of Agriculture and Consumer Services by rule declares to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; however, the term "pesticide" does not include any article that:     (a) Is a "new animal drug" within the meaning of 21 U. See Florida Regulations 62-761.200
  • piping: means any hollow cylindrical or tubular conveyance through which regulated substances flow. See Florida Regulations 62-761.200
  • Regulated substance: means a liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See Florida Regulations 62-761.200
  • Residential storage tank system: means a storage tank system that provides fuel for heating, air conditioning, or electricity to a residential structure. See Florida Regulations 62-761.200
  • Storage tank system: means a tank used to contain regulated substances, its integral piping, and all its components, including dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment. See Florida Regulations 62-761.200
  • Tank: means an enclosed stationary container or structure that is designed or used to store regulated substances, and the volume of which, including the volume of underground piping, is ten percent or more buried beneath the surface of the ground. See Florida Regulations 62-761.200
    (2) Exemptions: The following underground systems are exempt from the requirements of this chapter:
    (a) Any storage tank system storing any hazardous waste listed or identified under Subtitle C of the Resource Conservation and Recovery Act, or a mixture of such hazardous waste and other regulated substances;
    (b) Any storage tank system regulated under the Toxic Substances Control Act (15 U.S.C. 2065);
    (c) Any pesticide waste degradation system;
    (d) Storage tank systems used solely for temporary storage of mixtures of pesticides and dilutent for reapplication as pesticides;
    (e) Any storage tank system with a storage capacity of less than 30,000 gallons used for the sole purpose of storing heating oil for consumptive use on the premises where stored. “Heating oil” means any petroleum-based fuel used in the operation of heating equipment, boilers, or furnaces;
    (f) Any tank that contains asphalt or asphalt products not containing other regulated substances;
    (g) Any storage tank system storing regulated substances that are solid or gaseous at standard temperature and pressure;
    (h) Any storage tank containing Liquefied Petroleum Gas;
    (i) Any storage tank system that:
    1. Contains a regulated substance at a concentration of less than two percent for pollutants and below the reportable quantities for hazardous substances under Designation of Hazardous Substances 40 CFR Section 302.4, August 1989, hereby adopted and incorporated by reference, and available from publisher at the Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07663, or http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr302_main_02.tpl, or the Department address located in subsection Fla. Admin. Code R. 62-761.210(1); and,
    2. Was never previously regulated under sections 376.30 through 376.309, F.S. or this chapter.
    (j) Any storage tank system that contains wastewater that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;
    (k) Any stormwater or wastewater collection system, including oil-water separator tanks;
    (l) Any agricultural storage tank system of 550 gallons capacity or less that is used for agricultural purposes;
    (m) Any residential storage tank system used solely for residential purposes. However, under Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280, July 15, 2015, residential tanks greater than 1,100 gallons containing motor fuels are subject to federal underground storage tank rules. This document is hereby adopted and incorporated by reference and available from the publisher at the Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, NW, Washington, DC 20401-0001, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07664, or https://www.ecfr.gov/cgi-bin/text-idx?SID=fc39ac52f9d11adfefd71beee374f05d&pitd=20150715&node=pt40.27.280&rgn=div5, or the Department address located in subsection Fla. Admin. Code R. 62-761.210(1);
    (n) Any emergency spill or emergency overflow containment storage tank systems, including those associated with electric power generation systems, that are emptied as soon as possible after use, and that routinely remains empty;
    (o) Any flow-through process tank or underground day tank system less than or equal to 110 gallons or aboveground day tank system less than or equal to 550 gallons in capacity. For industrial and manufacturing facilities, integral piping is considered to terminate at the forwarding pump or valve used to transfer regulated substances to process, production, or manufacturing points of use or systems within the facility. Piping used to return unused regulated substances from the process production, or manufacturing point of use back to the storage tank system is considered part of this exemption;
    (p) Any storage tank system, liquid trap, or associated gathering lines directly related to oil or gas production and gathering operations regulated by Florida Statutes Chapter 377; however, this exclusion does not apply to storage tanks that contain refined products;
    (q) Any equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift or fluid tank systems that hold hydraulic fluid for closed-loop mechanical systems used to operate lifts, elevators, and other similar devices and dielectric fluid (cooling and lubricating oil) systems used for electrical equipment;
    (r) Any pipeline, piping, and “break-out” tanks directly connected to the pipeline regulated by the United States Department of Transportation Pipeline and Hazardous Material Safety Administration, pursuant to Title 49, Parts 190-199 of the Code of Federal Regulations;
    (s) Any storage tank system containing radionuclides or that is part of an emergency generator system for nuclear power generation at facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A;
    (t) Any vapor recovery holding tanks and associated vapor recovery piping systems;
    (u) Any storage tank system containing biofuel that has a concentration of regulated substance of five percent or less by volume, or
    (v) Any rail or tanker truck loading or unloading operations (loading racks) specified in Chapter 28 of Flammable and Combustible Liquids Code, Bulk Loading and Unloading Facilities for Tank Cars and Tank Vehicles, NFPA 30, 2018 Edition, hereby adopted and incorporated by reference and available from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/, or the Department address located in subsection Fla. Admin. Code R. 62-761.210(1)
Rulemaking Authority 376.303 FS. Law Implemented Florida Statutes § 376.303. History—New 12-10-90, Formerly 17-761.300, Amended 7-13-98, 6-21-04, 1-11-17, 7-9-19.