The purpose of this rule revision is to eliminate paragraph 62-762.421(3)(c), F.A.C., in the Financial Responsibility rule to remove the requirement for federal or state aboveground storage tank facilities to obtain and ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-762.421Financial Responsibility

PURPOSE AND EFFECT: The purpose of this rule revision is to eliminate paragraph 62-762.421(3)(c), F.A.C., in the Financial Responsibility rule to remove the requirement for federal or state aboveground storage tank facilities to obtain and maintain a financial responsibility mechanism.

SUMMARY: Paragraph 62-762.421(3)(c), F.A.C., in the Financial Responsibility rule now requires a federal or state agency owning a regulated aboveground storage tank system to obtain and maintain a financial responsibility mechanism. This paragraph will be removed from the financial responsibility requirements for aboveground storage tank systems to maintain historical consistency with the underground storage tank system financial responsibility requirements in Rule 62-761.420, F.A.C.

OTHER RULES INCORPORATING THIS RULE: There are no rules that incorporate this rule outside Chapter 62-762, F.A.C.

EFFECT ON THOSE OTHER RULES: There are no other rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly 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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The revision to Rule 62-762.421, F.A.C., will remove the requirement for state or federal agencies with regulated aboveground storage tank systems to obtain and maintain a financial responsibility mechanism.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or 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, 376.308, 376.309, 403.091, 403.141, 403.161, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 Rd., 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 IS: Kim Curran, Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-762.421 Financial Responsibility.

(1) through (2) No change.

(3) The demonstration of financial responsibility for storage tank systems shall be made in accordance with reference guideline Technical Standards And Corrective Action Requirements For Owners And Operators Of Underground Storage Tanks (UST), Financial Responsibility, 40 CFR Part 280, Subpart H, revised July 15, 2015, hereby adopted and incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07664, except that:

(a) through (b) No change.

(c) 40 CFR Part 280.90(c) is not adopted as part of this rule;

(c)(d) No change.

(4) through (8) No change.

Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.308, 376.309, 403.091, 403.141, 403.161 FS. History-New 1-11-17, Amended 10-17-19,             .

Editorial Note: Portions of this rule were copied from Rule 62-762.401, F.A.C.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Walker, Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. [e-mail] or [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary, Florida Department of Environmental Protection.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 26, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 24, 2020.