Department of Environmental Protection, Departmental

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-252.300Gasoline Dispensing Facilities – Stage I Vapor Recovery

PURPOSE AND EFFECT: The Department proposes amendments to update Rule 62-252.300, F.A.C., (OGC No. 12-0868) to delete language that is duplicative or has become obsolete because either the language references a rule that has been repealed or the compliance dates in the compliance schedule have passed.

SUMMARY: Revisions are needed to Chapter 62-252, F.A.C., in order to delete obsolete provisions related to Stage I Vapor recovery at gasoline dispensing facilities.

There are no other rule sections which references Rule 62-252.300, F.A.C., therefore, the effect of these amendments have no effect on any other rule sections.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rulemaking 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: Because the rulemaking is designed to delete obsolete provisions, the rulemaking will not have an adverse impact on small business or increase regulatory costs.

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: 403.061 FS.

LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Terri Long, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399, telephone [phone], e-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-252.300 Gasoline Dispensing Facilities – Stage I Vapor Recovery.

(1) Applicability. The requirements of this rule section shall apply to:

(a) No change.

(b) All gasoline dispensing facilities which are subject to the Stage II vapor recovery requirements of Rule 62-252.400, F.A.C.;

(b)(c) No change.

(c)(d) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that are not otherwise subject to this rule pursuant to paragraphs 62-252.300(1)(a) or, (b), or (c), F.A.C., and whose storage tanks are upgraded or replaced to meet the secondary containment requirements for integral piping in Rule 62-761.510, F.A.C., and are returned to operation on or after August 1, 2007; and

(d)(e) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that are not otherwise subject to this rule pursuant to paragraphs 62-252.300(1)(a), (b), or (c), or (d), F.A.C.

(2) through (3) No change.

(4) Compliance Schedules.

(a) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(a), F.A.C., shall continue to operate and maintain their Stage I vapor recovery systems in compliance with this rule.

(b) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(b), F.A.C., shall continue to operate and maintain their Stage I vapor recovery systems in compliance with this rule.

(c) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(c), F.A.C., shall install Stage I vapor recovery systems prior to beginning operation and thereafter operate and maintain such systems in compliance with this rule.

(d) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(d), F.A.C., shall install Stage I vapor recovery systems at the time of upgrade or replacement of the stationary storage tanks and thereafter operate and maintain such systems in compliance with this rule.

(e) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(e), F.A.C., shall install Stage I vapor recovery systems by January 1, 2010, and thereafter operate and maintain such systems in compliance with this rule.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)11., Amended 2-2-93, Formerly 17-252.300, Amended 5-9-07,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brian Accardo, Director, Division of Air Resource Management

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 21, 2013