FDEP’s Jurisdiction Over Underground Storage Tanks in Florida

When dealing with underground storage tanks in Florida, it’s essential to understand where state oversight (via the Florida Department of Environmental Protection, or FDEP) begins—and ends. FDEP’s regulatory framework builds atop federal UST rules, but also adds Florida-specific standards, procedures, and enforcement authority. In this post, we’ll break down how FDEP regulates USTs, the boundaries of its jurisdiction, and practical takeaways for UST owners and operators. For help with installation and removal, lining and coating, or other UST services in Florida, contact Lutz Petroleum Equipment Installation to speak with a member of our professional team.

Legal Framework: State + Federal Overlay

FDEP administers UST regulation under Chapter 62-761, Florida Administrative Code (F.A.C.), which governs underground storage tank systems. For aboveground systems, the companion regulation is Chapter 62-762, F.A.C. These state rules largely adopt and mirror federal requirements in 40 C.F.R. Part 280, but Florida may take more stringent approaches in certain areas.

FDEP’s “Storage Tank System Rules, Forms and Reference Guidelines” is the state’s go-to resource, offering forms, definitions, and crosswalks to the UST and AST rules. Through its Division of Waste Management’s Bureau of Petroleum Storage Systems, FDEP oversees UST registration, compliance, inspection, and corrective action programs.

What Tanks Fall Under FDEP Regulation?

FDEP’s jurisdiction doesn’t cover every buried tank—there are thresholds and exemptions. Here’s how it generally works:

• The rules apply to underground storage tank systems greater than 110 gallons for regulated (petroleum or hazardous substance) storage.

• Tanks under 110 gallons generally are not subject to registration, financial responsibility, or placard requirements.

• For aboveground storage tanks (ASTs), similar exemptions exist: ASTs of 550 gallons or smaller are generally exempt from many of the stricter rules.

• However, if an AST system is part of a regulated facility (even small tanks), total capacity or interconnections may bring them within FDEP’s jurisdiction.

• In addition to tank capacity, the substance stored matters: regulated substances include petroleum products, hazardous chemicals, and pollutants—for example, motor fuels, oils, etc.

• Some tanks used for residential heating oil or small noncommercial uses may fall outside full regulation, though they may still be subject to release reporting or remediation oversight if contamination occurs.

It’s crucial for tank owners/operators to confirm whether their system qualifies as a “regulated storage tank system” under FDEP rules.

Registration, Equipment Approval & Reporting

Once a tank qualifies as regulated, several key obligations fall under FDEP’s jurisdiction:

• Facility Registration: Regulated UST systems must be registered with FDEP using Form 62-761.900(2).

• Equipment Registration / Approval: Components such as release detection devices, corrosion protection systems, and piping must be registered or approved through FDEP.

• Renewals & Equipment Re-registration: Many equipment registrations must be renewed every five years.

• Discharge (Release) Reporting: If a release or spill is detected, owners/operators must notify FDEP via established forms (e.g., 62-761.900(1)) and follow incident response protocols.

• Closure / Out-of-Service Procedures: When a UST is permanently closed or taken out of service, FDEP’s rules dictate how to handle decommissioning, site assessment, and possible remediation.

• Financial Responsibility: For qualifying USTs, owners/operators must maintain financial assurance (insurance, bonds, or other means) to cover potential releases. Florida’s rule 62-761.420 (UST) addresses this.

These mechanisms help FDEP monitor regulated sites, enforce compliance, and ensure that remediation responsibility lies with owners/operators.

Technical and Design Standards under FDEP

FDEP exercises oversight not just of administrative compliance, but also of design, installation, performance, and maintenance standards:

• Performance Standards & Installation: Tanks and components must meet design and performance criteria per Chapter 62-761.500. For example, cathodic protection systems must include test stations and conform to recognized corrosion standards.

• Component Compatibility: If storing ethanol or biodiesel blends, system components must demonstrate compatibility.

• Integral Piping & Spill/Overfill Protection: Integral piping (underground piping integral to the tank) must have secondary containment, monitoring, and meet UL or equivalent standards.

• Repair, Maintenance & Recordkeeping: FDEP mandates that repairs, testing, and inspection must follow its standards. All records must be maintained for specified periods.

• Certified Contractors & Training: Installation, removal, and some repairs must be done by certified contractors under FDEP rules.

• Operator Training: FDEP requires Class A, B, and C operators to complete department-approved training programs.

Thus, FDEP’s reach extends into both the administrative and technical aspects of UST systems.

Scope and Limits of FDEP’s Authority

There are practical boundaries to FDEP’s jurisdiction:

• Exempt Tanks: As noted, very small tanks (below 110 gallons for USTs) or certain residential heating oil systems may avoid full regulation.

• Beyond State Role: FDEP does not regulate local building codes, fire safety permitting, or municipal zoning. Those fall to local jurisdictions or fire marshals.

• Remediation / LUST Program Overlap: FDEP also has authority in managing leaking USTs and coordinating remediation of contaminated sites (petroleum cleanup programs).

• Federal Minimums: FDEP cannot enforce standards less stringent than federal UST rules. State rules must at least meet federal minimums.

• Cross-jurisdictional cases: When spills cross state lines or involve federal lands, federal agencies or interstate compacts may intervene beyond FDEP’s reach.

Why FDEP Jurisdiction Matters to You

Understanding FDEP’s jurisdiction is not just academic. It directly affects liability, compliance burden, and operational obligations for anyone owning or operating USTs in Florida. Some practical takeaways:

• Verify Your Tank Type: Determine whether your UST is regulated under FDEP (is it >110 gallons? storing regulated substances?).

• Register Early & Accurately: Failure to register or misclassify a tank invites enforcement.

• Use Approved Equipment: Choosing unregistered or unapproved leak detection, corrosion protection, or piping systems can jeopardize compliance.

• Stay Current with Training & Contractors: Use only certified contractors and ensure operator training meets FDEP’s requirements.

• Maintain Records & Financial Assurance: Keep impeccable records of inspections, repairs, and backups for remediation.

• Plan for Closure & Remediation: Be aware of FDEP’s process and expectations for decommissioning or dealing with releases.

Contact Lutz Today for Help With USTs and ASTs in Florida

For help with underground storage tank installation or removal, site remediation, or other essential UST or AST services in Florida, contact Lutz Petroleum Equipment Installation for expert assistance.

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