Fla. Admin. Code Ann. R. 62-762.301 - Applicability

(1) General Requirements.

(a) 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 550 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.

(b) Owners and operators of compression vessels and hazardous substance storage tank systems with capacities of greater than 110 gallons and containing hazardous substances above reportable quantites under Designation of Hazardous Substances 40 CFR Section 302.4, August 1989, published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, hereby adopted and incorporated by reference, and available at the address given, 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 at the Department address listed in subsection 62-762.211(1), F.A.C., are only required to comply with rule 62-762.401, F.A.C.

(c) Owners and operators of facilities containing only mineral acid storage tank systems and owners and operators of mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with rule 62-762.891, F.A.C.

(2) Exemptions: The following 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 regulated substances at a concentration of less than two percent for pollutants and below the reportable quantities for hazardous substances under 40 CFR Section 302.4, August 1989; 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 septic tank system;

(l) Any stormwater or wastewater collection system, including oil-water separator tanks;

(m) Any residential storage tank system;

(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 day tank system with a capacity of 550 gallons or less. Day tank systems with capacities greater than 550 gallons are not exempt and shall be in compliance with this chapter no later than June 25, 2024;

(p) Any flow-through process tank system. 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;

(q) 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;

(r) Any equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift or fluid tank systems and 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;

(s) Any pipeline facilities;

(t) 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;

(u) Any vapor recovery holding tanks and associated vapor recovery piping systems;

(v) Any rail or tanker truck loading or unloading operations (loading racks) specified in Chapter 28 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Bulk Loading and Unloading Facilities for Tank Cars and Tank Vehicles, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.;

(w) Any irrigation systems that:

1. Are not in contact with the soil,

2. Are constructed of corrosion resistant materials,

3. Are compatible with the products stored,

4. Contain less than 80 percent concentration of fertilizer materials by volume; and,

5. Are applied onsite.

(x) Systems used exclusively for the storage of aqueous solutions of sodium hypochlorite;

(y) Any mobile tank;

(z) Any system located entirely within an industrial occupancy building;

(aa) Any storage tank system, that was installed before July 13, 1998, and is located entirely within an enclosed building or vault with an adequate roof and walls to prevent rainwater from reaching the system, and with an impervious floor containing no valves, drains, or other openings that would permit regulated substances to be discharged from the system;

(bb) Any double-walled storage tank, that is connected with a power module system that is used for the emergency or supplemental generation of electrical power by an electric utility as defined in chapter 366, F.S. This exemption is limited to storage tanks that are designed and constructed to be moved between service locations, relocated within a facility or where the inherent use is from site to site;

(cc) Docklines transferring regulated substances from the marine transfer area to the bulk product facility provided the docklines are not integral piping of the regulated bulk product facility;

(dd) Any storage tank system containing biofuels with a concentration of regulated substances of five percent or less by volume, or

(ee) Any multiple compartmented storage tank system where each compartment does not share any of its walls with another compartment and the maximum capacity of each compartment is equal to or less than 550 gallons.

Notes

Fla. Admin. Code Ann. R. 62-762.301

Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.321, 376.322(3) FS.

New 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 6/26/2023.

New 6-21-04, Amended 1-11-17, 7-9-19, 6-26-23.