The Department proposes to add Rule 62-761.405, F.A.C., to the Notice of Rule Development published on December 22, 2021, in order to update the Discharge Report Form. This rule development amends Chapter 62-761, F.A.C., ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-761.200Definitions

62-761.210Reference Guidelines

62-761.300Applicability

62-761.400Facility Registration

62-761.405Notification

62-761.420Financial Responsibility

62-761.500Storage Tank System Requirements

62-761.600Release Detection Requirements

62-761.700Repairs, Operation and Maintenance

62-761.710Recordkeeping

62-761.800Out-of-Service and Closure Requirements

62-761.900Storage Tank Forms

PURPOSE AND EFFECT: The Department proposes to add Rule 62-761.405, F.A.C., to the Notice of Rule Development published on December 22, 2021, in order to update the Discharge Report Form. This rule development amends Chapter 62-761, F.A.C., Underground Storage Tank Systems, by revising language in several rules for clarification, updating reference guidelines to the newest editions, synchronizing release detection requirements with the federal requirements for emergency generator owners and operators, updating the financial responsibility and discharge form, and adding visual inspections to the out-of-service requirements to help maintain those storage tank systems while out-of-service.

SUBJECT AREA TO BE ADDRESSED: This Notice of Rule Development incorporates Rule 62-761.405, F.A.C., into the rule development that was originally published on December 22, 2021. A rule development workshop was held on January 26, 2022. The proposed rule revisions include clarifying the definition of day tank, updating reference guidelines to their current editions, and clarifying the explanation of day tank exemption in Applicability. In the Registration rule, defining account owner and specifying requirements for new account owners. Regarding 62-761.405, F.A.C., Notification, the Division of Waste Management is now updating the date and link where the Discharge Report Form is incorporated in that rule. The Discharge Report Form was previously submitted in the Notice of Rule Development published on December 22, 2021. In the Financial Responsibility rule, updating the form dates and links. Additionally, updating reference guideline editions and clarifying overfill device and test result requirements under Storage Tank System Requirements. Under release detection, providing emergency generator owners with an additional option for release detection in line with the federal requirements and a reminder for recordkeeping requirements for testing. In Repairs, Operation and Maintenance rule, updating reference guideline editions and specifying systems shall be maintained while out-of-service. In recordkeeping, updating recordkeeping requirements which correspond with other sections. In the out-of-service subsection, updating reference guideline editions and adding an annual requirement to perform visual inspections on out-of-service storage tank systems. In the Forms rule, updating the financial responsibility form and correcting the Discharge Report Form.

RULEMAKING AUTHORITY: 376.303, FS.

LAW IMPLEMENTED: 376.30, 376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 403.077, 403.091, 403.141, 403.161, 489.133, FS.

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: Kim Curran, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, FL 32399. [e-mail] or [phone]. Rule development documents are located on the DEP Division of Waste Management website at https://floridadep.gov/Waste.

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