All words and phrases defined in Sections
376.031,
376.301, and
487.021, F.S., shall have the
same meaning when used in this chapter unless specifically stated otherwise in
this chapter. See Sections
376.031,
376.301, and
487.021, F.S., for definitions
of the following terms: "Bulk product facility, " "Compression vessel, "
"Contaminant, " "Contaminated site, " "Department, " "Discharge, " "Facility, "
"Flow-through process tank, " "Hazardous substances, " "Operator, " "Owner, "
"Pesticides, " "Petroleum products, " "Pollutants, " "Transfer, " or
"transferred, " and "Vessel." The following words and phrases used in this
chapter shall, unless the context indicates otherwise, have the following
meaning:
(1) "Ammonia" includes
organic amines and inorganic compounds that are liquids at standard temperature
and pressure that, when discharged, release free ammonia
(NH3), or ammonium ion
(NH4+).
(2) "AST" means an aboveground storage
tank.
(3) "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.
(4) "Bulk product piping" means on-site
integral piping with an internal diameter greater than three inches utilized
for transporting regulated substances.
(5) "Cathodic protection" means a method of
preventing corrosion of a metal surface through the use of galvanic anodes or
impressed current.
(6) "Cathodic
Protection Tester" means a person who can demonstrate an understanding of the
principles and measurements of all common types of cathodic protection systems
as applied to buried or submerged metal piping and tank systems. At a minimum,
such persons shall have education and experience in soil resistivity, stray
current, structure-to-soil potential, and component electrical isolation
measurements of buried metal piping and tank systems and be certified as a NACE
or STI cathodic protection tester.
(7) "Chlorine" includes organic and inorganic
compounds that are liquids at standard temperature and pressure that, when
discharged, may release free chlorine (Cl2) or chlorides
(Cl-).
(8) "Closure Integrity Evaluation for shop
fabricated storage tank systems" is an assessment of shop fabricated storage
tank system integrity for storage tanks, integral piping, piping sumps,
dispenser sumps, and spill containment systems that are in contact with the
soil, that is performed by a third-party inspection or testing entity at
closure or replacement. The evaluation is a physical test of interstitial
tightness or visual inspection of the interstice of a secondarily contained
storage tank system, secondarily contained storage tank system component, or a
primary integrity test of a single-walled storage tanks, or containment
integrity test of a single-walled piping sump, dispenser sump, or spill
containment system.
(9) "Closure
Integrity Evaluation for field erected storage tank systems" is an assessment
of field erected storage tank system integrity for storage tanks, integral
piping, hydrant sumps, and containment systems that are in contact with the
soil, that is performed by a third-party inspection or testing entity at
closure or replacement. The evaluation is a physical test of interstitial
tightness or visual inspection of the interstice of a secondarily contained
storage tank system, secondarily contained storage tank system component, or a
containment integrity test of a single-walled hydrant sump or containment
system.
(10) "
Closure Integrity
Report" means Closure Integrity Evaluation Report Form for ASTs
62-762.901(7),
incorporated by reference in paragraph
62-762.411(2)(c),
F.A.C.
(11) "Closure Report" is a
report prepared in accordance with Instructions for Conducting Sampling
During Aboveground Storage Tank Closure, July 2019 Edition.
(12) "Compatible" means the ability of two or
more substances to maintain their respective physical and chemical properties
upon contact with one another for the design life of the storage tank system
under conditions likely to be encountered in the storage tank system.
(13) "Containment" means a sufficiently
impervious structure, release prevention barrier, or device designed to prevent
the discharge of regulated substances in the event of a release.
(14) "
Corrosion professional" means a person
who, by reason of knowledge of the physical sciences and the principles of
engineering and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal components of a
storage tank system.
Corrosion Professionals shall be accredited or certified by NACE International
as either a Corrosion Specialist or a
Cathodic Protection Specialist, or be a
professional engineer licensed in the State of Florida. Corrosion professionals
using
vapor corrosion inhibitor technologies for corrosion control must have
experience with and knowledge of vapor corrosion inhibitors. Vapor corrosion
inhibitors must be registered in accordance with subsection
62-762.851(2),
F.A.C. Installers of vapor corrosion inhibitors must have certification from
the VCI equipment registration holder.
(15) "Corrosion Protection" means the
minimization of corrosion by the use of cathodic protection or vapor corrosion
inhibitors.
(16) "County" means a
locally administered governmental program under contract with the Department to
perform compliance verification activities at facilities with storage tank
systems within the boundaries stipulated in the applicable contract.
(17) "Day tank" means a storage tank
connected to a regulated tank by way of integral piping, that contains the
amount of fuel commonly used in a 24-hour period.
(18) "Dike field area" means the area around
the tank or tanks that extends from the circumference of the base of a storage
tank to the top of the berm, dike, or retaining wall surrounding the
tank.
(19) "Discovery" means either
actual knowledge or knowledge of facts that could reasonably lead to actual
knowledge of the existence of a previously unreported incident, release, or
discharge.
(20) "Dispenser" means a
dispensing system that is used to transfer regulated substances from a fixed
point to a vehicle or portable container.
(21) "Dispenser sump" means a storage tank
system component installed as secondary containment beneath a dispenser to
prevent discharges of regulated substances.
(22) "
Docklines" means
piping originating at
the first shore side valve after the marine transfer area, as determined by the
U.S. Coast Guard Captain of the Port, and terminating at the:
(a) First valve inside the dike field area or
other approved containment within a bulk product facility;
(b) Valve or manifold nearest to the
double-walled storage tank that the piping conveys regulated substance to at a
bulk product facility, or
(c) Valve
or manifold nearest to the storage tank containing high viscosity product that
piping conveys regulated substance to at a bulk product
facility.
(23)
"Double-bottomed" means a storage tank that has secondary containment in the
form of an outer tank bottom having an interstitial space between the primary
tank bottom and the secondary outer tank bottom.
(24) "Double-walled" means a storage tank
system or system component that has an outer wall that provides secondary
containment.
(26) "Empty" means all regulated substances
have been removed so that no more than one inch in depth or 0.3 percent by
weight of total system capacity of regulated substances remains in the storage
tank system.
(27) "Field-erected
storage tank" means a storage tank that is constructed by assembling it on-site
at the facility.
(28) "Free
product" means the presence of a regulated substance as a nonaqueous phase
liquid in the environment in excess of 0.01 foot in thickness, measured at its
thickest point.
(29) "High
viscosity product" means a regulated substance with a viscosity of 30
centistokes (cSt) and higher at 40 degrees Centigrade, such as American Society
for Testing and Materials (ASTM) grades 5 and 6 residual oils, intermediate
fuel oils, or Bunker C fuel.
(30)
"Hydrant piping" means a continuously pressurized integral bulk product piping
system with hydrant pits used for distributing product.
(31) "Hydrant Sumps" or "Hydrant Pits" means
any secondary containment system associated with hydrant piping, including
hydrant pits, isolation valve pits, valve access pits, and control pits but
excludes double-walled piping.
(32)
"Hydrostatic test" means a containment integrity test for a storage tank system
or storage tank system component that is performed in accordance with this
chapter using equilibrium and the pressure of liquids.
(33) "
Impervious" means:
(a) A synthetic material or another material
registered in accordance with subsection
62-762.851(2),
F.A.C., that is
compatible with the stored
regulated substance, and has a
permeability rate to the
regulated substance stored of 1 x
10
-7 cm/sec or less, or
(b) For concrete structures, a material that:
1. Meets the design and
construction
standards of
Design Considerations for Environmental Engineering
Concrete Structures, ACI 350.4R-04, 2004 Edition, and
Control
of Cracking in Concrete Structures, ACI 224R-01, (Reapproved 2008),
hereby adopted and incorporated by reference, and available at the Department
address listed in subsection
62-762.211(1),
F.A.C., or from the publisher at ACI, 38800 Country Club Drive, Farmington
Hills, Michigan 48331-3439, or at:
http://www.concrete.org/, or
2. Is applied to the concrete in accordance
with
Design, Installation, and Maintenance of Coating Systems for
Concrete Used in Secondary Containment, SSPC-TU 2/NACE 6G197,
Publication No. 97-04/Item No. 24193, February 1997, hereby adopted and
incorporated by reference and, as a copyright protected document, is available
for inspection at the Department of Environmental Protection or the Department
of State address provided in subsection
62-762.211(1),
F.A.C., or from the publisher at AMPP (The Association for Materials Protection
and Performance, formerly SSPC: The Coatings Society), 800 Trumbull Drive,
Pittsburgh, PA 15205, (877)281-7772, or from the publisher's website at
http://www.ampp.org/home.
(34) "In contact with the soil" means any
portion of a storage tank system, that physically touches the soil or if not in
direct contact with the soil, is separated from the soil only by a casing,
wrapping, or other material that is not impervious.
(35) "Incident" is a condition or situation
indicating that a release or discharge may have occurred from a storage tank
system or system component.
(36)
"Industrial occupancy building" is an enclosed structure that contains a
storage tank system that is used in association with an industrial or
manufacturing process, or for electric power generating utilities, provided
that the building was constructed and is used primarily for industrial,
manufacturing, or electric power generating purposes, and not solely for the
purpose of storing regulated substances. An industrial occupancy building is a
structure that has an
impervious floor (without valves, drains, or other
openings) that prevents regulated substances from being discharged. Industrial
occupancy buildings constructed between July 13, 1998, and January 11, 2017,
must meet the applicable regulatory requirements in this chapter in effect at
that time. Industrial occupancy buildings constructed after January 11, 2017,
must:
(a) Be constructed in accordance with
Flammable and Combustible Liquids Code, Storage Tank
Buildings, Chapter 24 of NFPA 30, 2021 Edition, hereby adopted and
incorporated by reference and, as a copyright protected document, is available
for inspection at the Department of Environmental Protection or the Department
of State address provided in subsection
62-762.211(1),
F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy,
Massachusetts 02169, (617)770-3000, or at
www.nfpa.org/;
(b) Have at least Type II
construction in
accordance with
Standard on Types of Building Construction,
NFPA 220, 2021 Edition, hereby adopted and incorporated by reference and, as a
copyright protected document, is available for inspection at the Department of
Environmental Protection or the Department of State address provided in
subsection
62-762.211(1),
F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy,
Massachusetts 02169, (617)770-3000, or at
www.nfpa.org/;
(c) Be ventilated in accordance with
Standard on Explosion Protection by Deflagration Venting, NFPA
68, 2018 Edition; and
Standard on Explosion Prevention
Systems, NFPA 69, 2019 Edition, hereby adopted and incorporated by
reference and, as a copyright protected document, is available for inspection
at the Department of Environmental Protection or the Department of State
address provided in subsection
62-762.211(1),
F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy,
Massachusetts 02169, (617)770-3000, or at
www.nfpa.org/; and,
(d) Be verified as meeting the above
construction requirements by either a registered architect or a professional
engineer licensed in the State of Florida.
(38) "
In-service" means a
storage tank system where the owner or operator has not reported to the
Department pursuant to subsection
62-762.401(2),
F.A.C., that the
tank is
out-of-service pursuant to subsection
62-762.801(1)
or
62-762.802(2),
F.A.C., or
temporary out-of-service pursuant to subsection
62-762.802(1),
F.A.C.
(39) "
Integral piping" means
on-site
piping, originating or terminating at the regulated storage
tank or
tanks, that conveys regulated substances. Vapor, or other recovery lines,
pipeline facilities, and vent lines, are not considered
integral piping.
Integral piping includes all valves, elbows, joints, flanges, pumps, and
flexible connectors associated with the
pipe originating at the storage
tank up
to the:
(a) Union of the integral piping with
the dispenser;
(b) Fill cap or fill
valve;
(c) Forwarding pump used for
transferring regulated substances to a flow-through process tank or an
industrial production or manufacturing point of use;
(d) First flange or connection within the
loading rack containment area, or
(e) First shoreside valve after the marine
transfer area for on-site piping at bulk product
facilities.
(40)
"
Integrity test" means a determination of the liquid tightness of a
storage
tank system or
system component using one of the following types of tests:
(a) "Interstitial integrity test" means an
evaluation of a storage tank system or system component with an interstitial
space using vacuum, pressure, liquid level monitoring systems, or equivalent
test methods certified by a Nationally Recognized Testing Laboratory;
(b) "Primary integrity test" means an
evaluation of the liquid tightness of the primary tank or integral piping,
or
(c) "Containment integrity test"
means an evaluation of the liquid tightness of hydrant pits, isolation valve
pits, and other containment systems.
(41) "Interstice" means the space between the
primary and secondary wall of a storage tank system or system
component.
(42) "Interstitial
monitoring" is a method of release detection in which the area between the
primary and secondary wall of a storage tank or storage tank system component
is monitored for signs of release.
(43) "
Limited Closure Report" means
Limited
Closure Report Form for ASTs
62-762.901(8),
incorporated by reference in subsection
62-762.421(2),
F.A.C.
(44) "
Liner" means an
impervious material that meets the performance requirements of subparagraph
62-762.501(1)(b)
2. or
62-762.502(1)(b)
2., F.A.C., that is used externally as a method of secondary
containment.
(45) "
Maintenance"
means the normal operational upkeep in accordance with Rules
62-762.701 and
62-762.702, F.A.C., to prevent a
storage tank system or
system component from releasing or discharging regulated
substances.
(46) "
Mobile tank" is a
shop fabricated storage tank that is:
(a)
Moved to a different location at least once every 180 days; and,
1. Has a current valid vehicle registration
with the Florida Department of Highway Safety and Motor Vehicles and has
current test and inspection markings in accordance with 49 CFR §
180.415,
or
2. Is designed and constructed
to be moved to other service locations, and its relocation within a facility or
from site to site is inherent in its use.
(b) Used for on-site construction activities,
provided that the construction activities do not exceed 12 months, or the life
of the construction project as long as construction is continuous, and the
tanks are removed from the site when the construction is complete.
(c) Not considered mobile if it is connected
to stationary underground or aboveground integral piping, unless associated
with the production of an agricultural commodity, provided that the tank is
moved to a different location at least once every 180 days.
(47) "Nationally Recognized Testing
Laboratory" means an international or national organization or governmental
entity that can perform quantitative and qualitative tests on storage tank
system equipment, evaluate the test data and equipment performance, and make
determinations of the equipment's capability of meeting the technical
requirements of this chapter. A Nationally Recognized Testing Laboratory shall
have at least five years of professional storage tank system equipment testing
experience.
(48) "New" means a
storage tank system or system component installed after January 11,
2017.
(49) "Onsite" means on the
same or geographically contiguous property as the facility regulated under this
chapter that is under the same ownership or control. The properties may be
divided by a public or private right-of-way or an easement.
(50) "Operability test" means a test
performed to determine if electronic and mechanical release detection and
overfill protection devices or systems are functioning as designed and in
accordance with manufacturer's specifications.
(51) "
Out-of-service" means a
storage tank
system or
system component that is designated as
out-of-service by the owner or
operator to the Department on Storage
Tank Facility
Registration Form
62-762.901(2),
incorporated by reference in paragraph
62-762.401(1)(b),
F.A.C.
(52) "Overfill" is an
incident that occurs when a tank is filled beyond its capacity.
(53) "Overfill protection" is a device or
method for preventing an incident, release, or discharge from a storage tank
during filling of the storage tank system.
(54) "Pipe" or "piping" means any hollow
cylindrical or tubular conveyance through which regulated substances
flow.
(55) "Pipeline facilities"
are pipe systems, rights-of-way and any associated equipment, gathering lines,
buildings, or break-out tanks necessary for the long range transportation of
regulated substances. Pipeline facilities and associated equipment are
regulated by the U.S. Department of Transportation Pipeline and Hazardous
Material Safety Administration, pursuant to Title 49, Parts 190-199 of the Code
of Federal Regulations.
(56)
"Piping sump" means a storage tank system component installed as secondary
containment or a monitoring port at the lowest point in the integral piping to
detect releases. Piping sumps do not include impervious pits or trenches which
contain integral or bulk product piping so long as such pits or trenches are
open on the top or have grating on the top that allow the integral or bulk
product piping to be visually inspected.
(57) "
Pressure test" means a test to
determine the integrity of the primary
integral piping performed in accordance
with Rules
62-762.601 and
62-762.602, F.A.C.
(58) "Pressurized piping" means piping
through which regulated substances are pumped under continuous
pressure.
(59) "Product" means any
commodity made from oil or gas and includes refined crude oil, crude tops,
topped crude, processed crude petroleum, residue from crude petroleum, cracking
stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil,
casinghead gasoline, natural gas gasoline, naphtha, distillate, condensate,
gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating
oil, blends or mixtures of oil with one or more liquid products or byproducts
derived from oil or gas, and blends or mixtures of two or more liquid products
or byproducts derived from oil or gas, whether hereinabove enumerated or
not.
(60) "
Registration form" means
Storage
Tank Facility
Registration Form
62-762.901(2),
incorporated by reference in paragraph
62-762.401(1)(b),
F.A.C.
(61) "Regulated substance"
means a liquid at standard conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch absolute), that is a pollutant when
stored in a storage tank.
(62)
"Release" means a loss of regulated substances from a storage tank system or
system component into the system's secondary containment.
(63) "Release detection" means a method of
detecting the presence of regulated substances within a storage tank system's
or system component's secondary containment or detecting other conditions or
situations indicative of a release or discharge.
(64) "
Repair" means to restore or replace any
defective or damaged parts of a
storage tank system or
system component in
accordance with subsections
62-762.701(1)
and
62-762.702(1),
F.A.C., as applicable. Replacement of a non-defective part is not a
repair.
(65) "Residential storage
tank system" means a storage tank system that provides fuel for heating, air
conditioning or electricity to a residential structure. That structure is a
non-commercial building utilized exclusively as a dwelling unit that is used as
a home or residence by one or more persons who maintain a common household,
excluding transient occupancies.
(66) "Secondary
containment" means a
release
detection and discharge prevention system that meets the performance
requirements of paragraphs
62-762.501(1)(b)
and
62-762.502(1)(b),
F.A.C., as applicable. Secondary
containment includes
dispenser sumps,
piping
sumps, spill
containment systems, the outer wall of
double-walled tanks, and
integral piping, or the
liner or
impervious containment for single-walled tanks
or
integral piping. A
Release Prevention Barrier is considered secondary
containment for
field-erected storage tank bottoms, as specified in Annex I of
API Std 650, 13th Edition, March 2020,
Welded Tanks for Oil
Storage,
Undertank Leak Detection and Subgrade
Protection, which includes Errata 1 (2021), hereby adopted and
incorporated by reference and, as a copyright protected document, is available
for inspection at the Department of Environmental Protection or the Department
of State address provided in subsection
62-762.211(1),
F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC
20005, (202)682-8000, or at
http://www.api.org/.
(67) "Sheen" means a regulated substance less
than or equal to 0.01 foot in thickness, measured at its thickest point, or
visibly observed, floating on surface water, groundwater, or within secondary
containment.
(68) "Shop fabricated
storage tank" means a storage tank that is constructed at the tank
manufacturer's plant and transported to the facility for
installation.
(69) "Small diameter
piping" means integral piping with an internal diameter of three inches or less
that is utilized for transporting regulated substances.
(70) "Spill containment system" means a fixed
component that is designed to prevent a discharge of regulated substances from
the tank fill pipe.
(71) "Storage
tank system" means a tank used to contain regulated substances, and all its
components, including integral piping, dispensers, spill containment systems,
overfill protection systems, secondary containment systems, and any associated
release detection equipment. A storage tank system is a "storage system" as
defined in section 376.301, F.S.
(72) "Storage tank system component" or
"system component" means any part (mechanical, electrical, and plumbing) of the
storage tank system that is necessary for a tank system to operate properly and
safely. This includes tanks, integral piping, sensors, sumps, pumps, including
dispensers, spill containment systems, overfill protection systems, secondary
containment systems, and any associated release detection equipment.
(73) "Suction piping" means piping through
which regulated substances flow by suction due to a pump located at the
dispenser or other endpoint of the piping.
(74) "Sump" means a storage tank system
component installed as secondary containment to prevent discharges of regulated
substances. Sumps include dispenser sumps, piping sumps, spill containment
systems and hydrant sumps.
(75)
"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 less than ten percent buried beneath the
surface of the ground.
(76)
"
Temporary out-of-service" means a field erected
storage tank system that is
designated as
temporary out-of-service by the owner or operator to the
Department on Form
62-762.901(2),
incorporated by reference in paragraph
62-762.401(1)(b),
F.A.C.
(77) "Vapor Corrosion
Inhibitor" (VCI) means a chemical substance that volatilizes from a liquid or
solid that is designed to inhibit corrosion within an enclosed
airspace.