The Department is proposing rule amendments to address legislative changes to Chapter 403, F.S., which impact certification and reporting requirements related to the regulation of recovered materials. As required by s. 3, ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-722.200Definitions

62-722.400Procedures for Certification and Reporting

PURPOSE AND EFFECT: The Department is proposing rule amendments to address legislative changes to Chapter 403, F.S., which impact certification and reporting requirements related to the regulation of recovered materials. As required by s. 3, ch. 2017-167, Laws of Florida, the new rules will update the certification and reporting requirements governed by s. 403.7046, F.S., by expanding them to include pyrolysis facilities and any person who handles, purchases, receives, recovers, sells or is an end-user of post-use polymers and to pyrolysis facilities. In addition, due to the repeal of the statutory public records exemptions reiterated in Rule 62-722.400, F.A.C, by s. 16, ch. 2022-5, Laws of Florida, the new rules will provide guidance for asserting a claim of trade secret for information reported to the Department pursuant to s. 403.7046, F.S., or any rule adopted pursuant thereto.

SUBJECT AREA TO BE ADDRESSED: Rule 62-722.200, Definitions, the Department is removing definitions that are defined in s. 403.703, F.S., per s. 120.545, F.S., clarifying definitions for the purpose of implementing s. 403.7046, F.S., and including the term "post-use polymers" in addition to the term "recovered materials" throughout each rule. For Rule 62-722.400, Procedures for Certification and Reporting, the Department is updating existing certification and reporting forms, and creating new ones to distinguish between business activities related to recovered materials and post-use polymers and to clarify requirements related to reporting trade secret information.

RULEMAKING AUTHORITY: 403.061, 403.704, 403.7046.

LAW IMPLEMENTED: 119.0715, 403.703, 403.704, 403.705, 403.7045, 403.7046.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Karen Moore. Please contact Karen within 21 days to request a Rule Development Workshop by email at [e-mail] or by writing to: Department of Environmental Protection, Waste Reduction Section, MS 4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Rule revision documentation is available online at https://floridadep.gov/waste or contacting Karen Moore at [e-mail] or [phone].

Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. Persons who require special accommodations under the American Disability Act (ADA) or persons who require translation services (free of charge) are asked to contact DEP’s Limited English Proficiency Coordinator within ten (10) days of publication of this notice at [phone] or [e-mail]. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, [phone] (TDD) or [phone] (voice).

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.