The Department published a Notice of Rule Development for Chapter 62-710, F.A.C., Used Oil Management on November 17, 2022, in Volume 48/224 of the Florida Administrative Register. Due to the time that has passed since the ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-710.201Definitions

62-710.210Documents Incorporated by Reference

62-710.401Prohibitions

62-710.500Registration and Notification

62-710.510Record Keeping and Reporting

62-710.600Certification Program for Used Oil Transporters

62-710.800Permits for Used Oil Processing Facilities

62-710.850Management of Used Oil Filters

62-710.901Forms

PURPOSE AND EFFECT: The Department published a Notice of Rule Development for Chapter 62-710, F.A.C., Used Oil Management on November 17, 2022, in Volume 48/224 of the Florida Administrative Register. Due to the time that has passed since the initial Notice of Rule Development, the Department is providing this second Notice of Rule Development. Chapter 62-710, F.A.C., contains used oil management regulations and forms. The purpose and effect of the proposed is to amend rules identified in the Department’s 2022-2023 Regulatory Plan to provide revisions for clarification and consistency to the rules in the chapter and provide updates to three forms.

SUBJECT AREA TO BE ADDRESSED: Chapter 62-710, F.A.C., contains used oil management regulations and forms. The chapter adopts by reference, 40 Code of Federal Regulations (CFR), Part 279 – Standards for the Management of Used Oil. In Rule 62-701.201, Definitions, provided the applicable definitions that are cited in Section 403.75, of the Florida Statutes applicable to this chapter. For Rule 62-710.210, Documents Incorporated by Reference, revised with minor editorial changes. For Rule 62-710.401, Prohibitions, the revisions include clarifying language. Rule 62-710.500, Registration and Notification, updating Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity” and providing online accessibility of the form. This form update incorporates conforming changes made in 40 CFR Part 266 Subpart P, Hazardous Waste Pharmaceuticals requirements effective August 21, 2019. In Rule 62-710.510, Record Keeping and Reporting, updating Form 62-710.901(2), “Used Oil and Used Oil Filter Record Keeping Form and Instructions,” providing additional language regarding maintenance of required records and requirements for a generator’s use of certified transporters. Rule 62-710.600, Certification Program for Used Oil Transporters, includes an insurance registration period for used oil transporters, and updated Form 62-730.900(5)(a), “State of Florida Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler” to include two checkboxes for bodily injury and property damage. Rule 62-710.800, Permits for Used Oil Processing Facilities, includes minor clarifications. Rule 62-710.850, Management of Used Oil Filters, providing additional language regarding maintenance of required records for generators of used oil filters and requirements for a generator’s use of certified transporters. Rule 62-710.901, Forms, updating the effective date of Form 62-710.901(2) and revising another form’s rule reference due to renumbering in that rule.

RULEMAKING AUTHORITY: 120.53(1), 403.061, 403.704, 403.7545, 403.767, 403.8055 FS.

LAW IMPLEMENTED: 403.703, 403.704, 403.707, 403.75, 403.751, 403.754, 403.7545, 403.760, 403.767, 403.769 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: Janet Ashwood, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, FL 32399. [e-mail] or [phone]. The draft rules and forms for Chapter 62-710, F.A.C., are located on the Division of Waste Management website at https://floridadep.gov/Waste.

Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. Persons who require special accommodations under the Americans with Disabilities Act (ADA) or persons who require translation services (free of charge) are asked to contact Stacie Taylor at [phone] or [e-mail].

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