The purpose and effect of this proposed rule will be to amend rules identified in the Department's 2018-2019 Regulatory Plan as needing to be amended to increase efficiency and improve coordination with other programs by adopting updated forms.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-710.500Registration and Notification

62-710.510Record Keeping and Reporting

62-710.800Permits for Used Oil Processing Facilities

62-710.901Forms

PURPOSE AND EFFECT: The purpose and effect of this proposed rule will be to amend rules identified in the Department's 2018-2019 Regulatory Plan as needing to be amended to increase efficiency and improve coordination with other programs by adopting updated forms.

SUMMARY: The proposed rule adopts and references updated forms for used oil management pursuant to Chapter 62-710, F.A.C.

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.

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(1), 403.061, 403.704, FS.

LAW IMPLEMENTED: 403.704, 403.707, 403.754, 403.760, 403.769, 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: Bradley Buselli, Department of Environmental Protection, MS 4560, Blair Stone Road, Tallahassee, Florida 32399-2400, phone [phone], or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-710.500 Registration and Notification.

(1) The following persons shall annually register their used oil handling activities with the Department using Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date _____4-23-13, which is hereby adopted and incorporated by reference (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02074). This Form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) through (d) No change

(2) through (5) No change

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.704, 403.754, 403.760 FS. History–New 2-25-85, Formerly 17-7.63, 17-7.630, Amended 1-17-90, Formerly 17-710.500, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13, 6-18-18,_____.

 

62-710.510 Record Keeping and Reporting.

(1) through (4) No change

(5) No later than March 1 of each year, each person required to register in accordance with rule 62-710.500, F.A.C., shall submit an annual report for the preceding calendar year to the Department on DEP Form 62-710.901(3), “Annual Report by Used Oil and Used Oil Filter Handlers,” effective date _____4-23-13, which is hereby adopted and incorporated by reference (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02070). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The report shall summarize the records kept pursuant to this section.

(6) No change

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.754, 403.760 FS. History–New 2-25-85, Formerly 17-7.64, 17-7.640, Amended 1-17-90, Formerly 17-710.510, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 4-23-13, 6-18-18,_____.

 

62-710.800 Permits for Used Oil Processing Facilities.

(1) through (2) No change

(3) Before operating, closing or making any substantial modification to a used oil processing facility, the owner or operator shall submit to the Department the Used Oil Processing Facility Permit Application, DEP Form 62-710.901(6), “Used Oil Processing Facility Permit Application,” effective date _____4-23-13, which is hereby adopted and incorporated by reference (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02072). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The engineering aspects of the application shall be certified by a Professional Engineer.

(a) through (c) No change

(4) through (5) No change

(6) Financial assurance.

(a) No change

(b) For the purpose of determining the closing cost estimate, the owner or operator shall estimate the total cost of closing the facility using Form 62-710.901(7), “Used Oil Processing Facility Closing Cost Estimate Form,” effective date _____4-23-13, which is hereby adopted and incorporated by reference (URL http://www.flrules.org/Gateway/reference.asp?No=Ref-02073). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400], and in accordance with the closure plan pursuant to subsection (5), of this rule, for the time period in the facility operation when the extent and manner of its operation make closing most expensive. The owner or operator shall submit the estimate, together with all necessary justification, to the Department along with the proof of financial assurance. The costs shall be estimated and certified by a professional engineer for a third party to perform the work, on a per unit basis, with the source of estimates indicated. The owner or operator shall keep the latest closing cost estimate at the facility. When this estimate has been adjusted in accordance with paragraph (c), of this subsection, the latest adjusted closing cost estimate shall also be kept at the facility.

(c) through (d) No change

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.704, 403.707, 403.769 FS. History–New 1-17-90, Formerly 17-710.800, Amended 6-8-95, 12-23-96, 6-9-05, 4-23-13, 6-18-18,_____.

 

62-710.901 Forms.

The form is listed by rule number, which is also the form number, and with the subject, title and effective date. The forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) through (2) No change

(3) Annual Report by Used Oil and Used Oil Filter Handlers, effective _____4-23-13, which is adopted and incorporated by reference in subsection 62-710.510(5), F.A.C.

(4) through (5) No change

(6) Used Oil Processing Facility Permit Application, effective _____4-23-13, which is adopted and incorporated by reference in subsection 62-710.800(3), F.A.C.

(7) Used Oil Processing Facility Closing Cost Estimate Form, effective _____4-23-13, which is adopted and incorporated by reference in paragraph 62-710.800(6)(b), F.A.C.

Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 403.754, 403.769 FS. History–New 12-23-96, Amended 6-9-05, 1-4-09, 4-23-13, 6-18-18,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Walker, Environmental Administrator

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 05, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 28, 2019