The Division of Waste Management proposes to revise 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, ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-761.200Definitions

62-761.210Reference Guidelines

62-761.300Applicability

62-761.400Facility Registration

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 Division of Waste Management proposes to revise 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: The initial 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. 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: 376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 403.091, 403.141, 403.161, 403.091, 489.133, FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, January 26, 2022, starting at 9:00 a.m. to no later than 12:00 p.m.

PLACE: Florida DEP Douglas Building, 3900 Commonwealth Blvd., Conference Room 137, 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 5 days before the workshop/meeting by contacting: Kim Curran, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, FL 32399. [e-mail] or [phone]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Amanda Dorsett, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, FL 32399. [e-mail] or [phone]. The preliminary draft and forms 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.