On September 21, 2023, the Department of Environmental Protection issued a final order in response to a petition for variance pursuant to Section 120.542, F.S., from Department of the Navy. The petition was received on July ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-762.801Out-of-Service and Closure Requirements for Shop Fabricated Storage Tank Systems

The Department of Environmental Protection hereby gives notice:

On September 21, 2023, the Department of Environmental Protection issued a final order in response to a petition for variance pursuant to Section 120.542, F.S., from Department of the Navy. The petition was received on July 18, 2023. Notice of receipt of the petition was published in the Florida Administrative Register on July 21, 2023. The Petitioner requested a variance from subparagraph 62-762.801(2)(a)3., F.A.C., which allows a tank in need of repair to remain in service for ninety days before it must be placed out-of-service. The Petitioner requested a temporary variance to the 90-day time period for three (3) 10,000 gallon aboveground storage tanks (ASTs) due to a lack of funding, and to allow the sub-base generator tank to remain out-of-service until an undetermined date. The facility is located at US Navy – Pensacola Sherman Field Gas Station, Bldg. 1932, Pensacola, Florida 32508. No public comment was received. The petition was assigned OGC #23-1186. The Department granted the Petitioner’s request for variance from subparagraph 62-762.801(2)(a)3., F.A.C., that will expire on March 31, 2024, as the Petitioner demonstrated that the purpose of the underlying statute has been met, and that Petitioner would suffer a substantial hardship if required to comply with this rule.

A copy of the Order or additional information may be obtained by contacting:

Amanda Dorsett, Florida Department of Environmental Protection, 2600 Blair Stone Road, MS 4550, Tallahassee, FL 32399-2400; telephone [phone], email [e-mail], during normal business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday, except legal holidays. If you have any questions, please call the Division of Waste Management at [phone].