The purpose and effect of the proposed rule amendment (OGC 11-1092) 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:
62-252.100: Purpose and Scope
62-252.200: Definitions
62-252.400: Gasoline Dispensing Facilities - Stage II Vapor Recovery

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment (OGC 11-1092) 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SUMMARY: The proposed rules to be repealed involve requirements for gasoline vapor control requirements for gasoline dispensing facilities. There are now Federal standards for gasoline dispensing facilities which supersede these rules, making them obsolete.

OTHER RULES INCORPORATING THIS RULE: Chapter 62-252, F.A.C., is referenced in Rule 62-210.200, F.A.C. Rule 62-252.400, F.A.C., is referenced in Rule 62-252.300, F.A.C.

EFFECT ON THOSE OTHER RULES: The rule repeals would have no impact on the referencing rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that repeal of these rules will not have an adverse impact on small business or likely increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

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. This rulemaking will not require ratification by the Florida Legislature because the rules are being repealed to reduce unnecessary regulatory costs.

RULEMAKING AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087 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 5, 2012, 9:00 a.m.

PLACE: Department of Environmental Protection, Carr Building, Room 170, 3800 Commonwealth Blvd., 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: Terri Long, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone [phone], E-mail [e-mail]. 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 department will accept public comments on the proposed rulemaking, within a 21 day time period, beginning the day following publication of this notice (day one). Comments may be sent to: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, Telephone [phone], E-mail [e-mail].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, Telephone [phone], E-mail [e-mail] or Terri Long, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone [phone], E-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-252.100 Purpose and Scope.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 17-252.100, Repealed________.

 

62-252.200 Definitions.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.100, Amended 2-2-93, Formerly 17-252.200, Amended 5-9-07, Repealed________.

 

62-252.400 Gasoline Dispensing Facilities – Stage II Vapor Recovery.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.100, Amended 2-2-93, Formerly 17-252.400, Amended 11-23-94, 5-9-07, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Halpin, Director, Division of Air Resource Management

NAME OF PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary

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