The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-761.510: Performance Standards for Category-A and Category-B Storage Tank Systems

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: Although Rule 62-761.510, F.A.C., is authorized by section 376.303, F.S., it is not mandated by statute and there will be no adverse consequences if it is repealed. The rule is no longer applicable as it applies to old standards that have been phased out.

OTHER RULES INCORPORATING THIS RULE:

Paragraph 62-252.300(1)(d), F.A.C., Gasoline Dispensing Facilities – Stage I Vapor Recovery

Paragraph 62-252.400(1)(b), Gasoline Dispensing Facilities – Stage II Vapor Recovery

Subparagraph 62-761.700(1)6.a & 62-761.700(2), F.A.C., Repairs, Operation & Maintenance of Storage Tank Systems

EFFECT ON THOSE OTHER RULES:

Paragraph 62-252.300(1)(d), F.A.C., Gasoline Dispensing Facilities – Stage I Vapor Recovery. Division of Air plans to update citation from Rule 62-510 to Rule 52-500, FAC.

Paragraph 62-252.400(1)(b), Gasoline Dispensing Facilities – Stage II Vapor Recovery. No effect because Division of Air has scheduled this rule for repeal.

Subparagraph 62-761.700(1)6.a & 62-761.700(2), F.A.C., Repairs, Operation & Maintenance of Storage Tank Systems. No effect, citation will be deleted.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed change removes expired requirements making this language unnecessary. There are no costs associated with removing the section. Thus, the proposed rule is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 376.303 FS.
LAW IMPLEMENTED: 376.303-.3072 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 19, 2012, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Bill Burns (contact information provided below). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bill Burns, Department of Environmental Protection, MS 4525, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone], or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-761.510 Performance Standards for Category-A and Category-B Storage Tank Systems.

Rulemaking Specific Authority 376.303 FS. Law Implemented 376.303-.3072 FS. History–New 12-10-90, Amended 5-4-92, Formerly 17-761.510, Amended 9-30-96, 7-13-98, 6-21-04, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill Burns

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary, Florida Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011