Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-761 - UNDERGROUND STORAGE TANK SYSTEMS › Section 62-761.300 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(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.