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-14.008Filings; Amended Filings; Electronic Transmission

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 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:

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: 120.53, 252.35(2), 252.83(1), F.S.

LAW IMPLEMENTED: 120.53, 252.83, 252.85, 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-14.008 Filings; Amended Filings; Electronic Transmission.

(1) Filings with the Division shall be complete and accurate when filed. The filing entity is responsible for any required information omitted from a required filing. The Division’s rejection of a filing for failure to include required information shall comply with subsection 27P-14.005(2), F.A.C.

(2) Supplemental filings, or amendments to existing filings, shall not be permitted absent accompanying written explanation by the amending entity. Supplemental filings or amendments to remedy incorrect information are authorized provided that the information initially submitted is shown to have been indisputably incorrect. Supplemental filings or amendments are authorized in order to add omitted information, correct misspellings, correct figures and numbers, or remedy incorrect terminology. Supplemental filings or amendments solely for the purpose of reducing the fee owed shall not be permitted. Supplemental filings or amendments solely for the purpose of substituting the owner for the operator, or the operator for the owner, shall not be permitted.

(3) Any supplemental filings or amendments shall identify the particular filings to be supplemented or amended, shall be accompanied by the required written explanation, shall demonstrate that copies have been supplied to all other required recipients, and shall be accompanied by any fees or late fees owed.

(4) Annual inventory reports required under EPCRA s. 312 and 324 and subsection 252.88(3), F.S., may shall be submitted by electronic transmission to the State Emergency Response Commission.  The format must be consistent with electronic transmission software provided by the SERC. While required by federal law, the manner of execution should be accomplished through the use of a certification statement using electronic reporting approved by the SERC. Form HMP-11-00 certifying authenticity and requiring an original signature of the facility owner/operator or an officially designated representative. The method of electronic transmission will be accomplished by the Division providing the electronic software including instructions to facility owners/operators via the Internet or, upon request, other available electronic means. Facility owners/operators must return completed electronic annual chemical inventory reports to the SERC by diskette or other available electronic means within established deadlines.

Rulemaking Authority 120.53, 252.35(2)(xy), 252.83(1) FS. Law Implemented 120.53, 252.83, 252.85 FS. History–New 6-1-95, Amended 1-3-01, Formerly 9G-14.008.

 

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