Fla. Admin. Code Ann. R. 62-761.300 - Applicability

(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.

(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 62-761.210(1), F.A.C.; 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;

(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) Day tanks with a capacity less than or equal to 110 gallons or any flow-through process tank. 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. Day tanks with capacities greater than 110 gallons are not exempt and shall be in compliance with this chapter no later than June 25, 2024;

(p) Any storage tank system, liquid trap, or associated gathering lines directly related to oil or gas production and gathering operations regulated by Chapter 377, F.S.; 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, 2021 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/. Copyright protection documents are available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C.

Notes

Fla. Admin. Code Ann. R. 62-761.300

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS.

New 12-10-90, Formerly 17-761.300, Amended 7-13-98, 6-21-04, Amended by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Amended by Florida Register Volume 45, Number 123, June 25, 2019 effective 7/9/2019, Amended by Florida Register Volume 49, Number 114, June 13, 2023 effective 6/25/2023.

New 12-10-90, Formerly 17-761.300, Amended 7-13-98, 6-21-04, 1-11-17, 7-9-19, 6-25-23.