The purpose of the proposed Rule is to update annual chemical facility filing and standardize reporting procedures within the State. The EPA converted from Standard Industrial Classification System to the North American ....

 

EXECUTIVE OFFICE OF THE GOVERNOR

Division of Emergency Management

RULE NO.:RULE TITLE:

27P-14.004Filing Fee

PURPOSE AND EFFECT: The purpose of the proposed Rule is to update annual chemical facility filing and standardize reporting procedures within the State. The EPA converted from Standard Industrial Classification System to the North American Industrial Classification System this rule updates Florida rule governing reporting and clarifies filing procedures from paper to electronic reporting.

SUMMARY: The Rule has been updated with stakeholder input to include updated federal Environmental Protection Agency processes, and chemical facility filing procedures.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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:

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: 252.35(2)(y), F.S.

LAW IMPLEMENTED: 252.83(1)(b),F.S.

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: Stephanie Stachowicz

[e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

27P-14.004 Filing Fee.

(1) Any owner or operator of a facility, including any government body as defined by Section 252.87, F.S., who has notified or is required to notify the Commission pursuant to s. 302(c) of EPCRA that the facility owner or operator is subject to the requirements of subchapter I of EPCRA shall be required to pay a one time filing fee of $50.00 per facility as provided by subsection 252.85(2), F.S.

(2) Such fee shall be due at the same time the notification is due. Any change in the identity of the owner/operator shall require a new notification and filing fee.

(3) An owner or operator of a facility who gives the notice required by s. 302(c) of EPCRA for more than one facility shall pay the filing fee for each facility, regardless of whether more than one notification is given.

(4) Any owner or operator of a facility with a North American Industrial Classification System code of 11XXX, 31XXX, 54XXX, 81XXX Standard Industrial Classification code of 01, 02, or 07 subject to the notification or annual inventory form requirement solely because of the presence of EPCRA listed substances in temporary or portable storage units located at the facility for less than 48 consecutive hours shall not be required to pay a one-time filing fee of $50.

Rulemaking Authority 120.53, 252.35(2)(xy), 252.83(1) FS. Law Implemented 252.85 FS. History–New 11-24-88, Amended 12-31-92, 2-26-97, Formerly 9G-14.004.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Stephanie Stachowicz

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kevin Guthrie

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/28/2021