62-762.201. Definitions

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.

(25) “DRF” means Discharge Report Form 62-762.901(1).

(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 × 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, [phone], 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, [phone], 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, [phone], 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, [phone], 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.

(37) “INF” means Incident Notification Form 62-762.901(6), incorporated by reference in subsection 62-762.411(4), F.A.C.

(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, [phone], 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.

Rulemaking Authority 376.303 FS. Law Implemented 376.031, 376.301, 376.303, 487.021 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19, 6-26-23.
Editorial Note: For Pesticides defined in Section 487.021, F.S., the definition of a “new animal drug” is now located in 21 U.S.C. §321(v), and the definition of an animal feed is now located in 21 U.S.C. §321(w), of the Federal Food, Drug, and Cosmetic Act.