The Department is revising Rule 62-621.300, F.A.C., to update and clarify requirements applicable to the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges from Petroleum Contaminated Sites. The proposed amendments ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-621.300Permits

PURPOSE AND EFFECT: The Department is revising Rule 62-621.300, F.A.C., to update and clarify requirements applicable to the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges from Petroleum Contaminated Sites. The proposed amendments will: revise the NPDES Generic Permit; adopt a Notice of Intent to Use the NPDES Generic Permit; and adopt a new Notice of Termination of Generic Permit (NOT).

SUMMARY: Proposed revisions to subsection 62-621.300(1)(a), F.A.C., include revisions to DEP Form 62-621.300(1)(a) “NPDES Generic Permit for Discharges From Petroleum Contaminated Sites.” Revisions include restructuring and reorganizing the Generic Permit, updating rule references and clarifying reporting requirements. Paragraph 62-621.300(1)(b), F.A.C., adopts a new DEP Form “Notice of Intent to Use the NPDES Generic Permit for Discharges from Petroleum Contaminated Sites” (NOI). The NOI will serve to streamline and standardize the permit application process. Paragraph 62-621.300(1)(c), F.A.C., clarifies that the Generic Permit authorizes the discharge of treated water from a petroleum contaminated site to surface waters. Paragraph 62-621.300(1)(d), F.A.C., identifies the documentation necessary to submit a request for coverage and the applicable timeframes. Paragraph 62-621.300(1)(e), F.A.C., adopts a new DEP Form 62-621.300(1)(e), “Notice of Termination NPDES Generic Permit for Discharges From Petroleum Contaminated Sites” to be used by permittees to terminate permit coverage.

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: Based on the Department’s economic review, neither a SERC nor legislative ratification is required because the adoption of the proposed rule does not increase regulatory costs directly or indirectly to the public. The proposed rule revisions would decrease permitting costs to permittees by streamlining and standardizing the permit application process.

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, 403.087, 403.0877,403.088, 403.0885 FS.

LAW IMPLEMENTED: 403.061, 403.087, 403.0877, 403.088, 403.0885 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: July 31, 2018, 1:00 p.m.

PLACE: Department of Environmental Protection, Bob Martinez Bldg., Rm. 609, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400.

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: Abel Agosto at [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: Abel Agosto, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Rd., MS 3545, Tallahassee, Florida, 32399-2400; telephone [phone]; or e-mail [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-621.300 Permits.

(1) NPDES Generic Permit for Discharges From Petroleum Contaminated Sites.

(a) DEP Form 62-621.300(1)(a) The document “NPDES Generic Permit for Discharges From Petroleum Contaminated Sites,” document number 62-621.300(1)(a), issued by the Department and (effective date), February 14, 2000, is hereby adopted and incorporated by reference. and made part of this chapter. This form document may be obtained by contacting either the appropriate local Department District Office, by contactingwriting the Department of Environmental Protection, Industrial Wastewater Program Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning [phone], online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-X. the Department’s website.

(b) DEP Form 62-621.300(1)(b), “Notice of Intent to Use the NPDES Generic Permit for Discharges From Petroleum Contaminated Sites”, (effective date), is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning [phone], online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-XX. The document referenced in paragraph 62-621.300(1)(a), F.A.C., contains the specific discharge limits, operating requirements, and application requirements for discharges from petroleum contaminated sites.

(c) Applicability and Coverage.

1. Coverage under the Generic Permit is limited to the discharge of treated groundwater and stormwater that has been contaminated with automotive gasoline, aviation gasoline, jet fuel or diesel fuel to surface waters of the State pursuant to the Department’s federally-approved NPDES program, provided all criteria specified in the Generic Permit are met. Applicants seeking coverage under the Generic Permit shall submit a completed request for coverage as specified in DEP Form 62-621.300(1)(b) to the appropriate District Office. Discharges from pump tests to characterize the aquifer that last for eight hours or less are covered under this Generic Permit without the need to submit a request for coverage to the Department.

2. This Generic Permit does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

(d) Requests for Coverage.

1. Coverage under this Generic Permit is available for discharges of treated groundwater and stormwater that has been contaminated with automotive gasoline, aviation gasoline, jet fuel or diesel fuel to surface waters of the State, provided all criteria specified in this Generic Permit are met. Applicants seeking coverage under this permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(1)(b). The permittee shall meet the effluent limitations and requirements specified in this Generic Permit.

2. A request for coverage must be submitted to the appropriate District Office at least 30 days prior to the commencement of the surface water discharge. Coverage under this Generic Permit shall not be effective until the applicant receives written notification from the Department.

3. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed five years from the effective date of coverage.

4. Renewal of coverage under this Generic Permit shall be submitted to the Department by completing DEP Form 62-621.300(1)(b) at least 30 days before expiration of current coverage.

5. The annual fee for a facility that discharges more than 30 days shall be $2850.00 per year in accordance with Rule 62-4.052, F.A.C. There is no annual fee for sites authorized to discharge for less than 30 days.

6. A permittee with current coverage under the Generic Permit for Discharges from Petroleum Contaminated Sites prior to Month, Day, Year, shall continue to meet the requirements of that permit.

(e) DEP Form 62-621.300(1)(e), “Notice of Termination NPDES Generic Permit for Discharges From Petroleum Contaminated Sites”, (effective date), is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning [phone], online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list or from http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(f) To terminate coverage under this Generic Permit the permittee shall submit DEP Form 62-621.300(1)(e) to the appropriate District Office within 30 days after completion of the discharge activity or upon expiration of coverage, whichever occurs first. Discharges from pump tests to characterize the aquifer that last for eight hours or less covered under this permit are not required to submit a notice of termination to the Department.

(2) through (8) No change.

Rulemaking Authority 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. Law Implemented 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 12-24-96, Amended 5-1-97, 2-14-00, 10-22-00, 5-1-03, 12-23-04, 4-20-05, 5-10-05, 2-17-09, 4-14-11, 2-10-15, 1-26-18, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alex Reed, Director, Division of Water Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 27, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 21, 2017