The purpose of this amendment is to make the appropriate changes to Chapter 62S-6, F.A.C. In Rule 62S-6.009, F.A.C., subsections 62S-6.009(1), (3)-(25) and (27)-(31), F.A.C., will be repealed since they are no longer used in the rule or restate the ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Office of the Secretary

RULE NOS.:RULE TITLES:

62S-6.009Application of Definitions

62S-6.012Discharge Cleanup Organization; Approval

62S-6.022Notification of Pollutant Discharge

62S-6.033Terminal Facility Discharge Contingency Plan

62S-6.034Additional Equipment to Cleanup a 10,000 Gallon Pollutant Discharge

PURPOSE AND EFFECT: The purpose of this amendment is to make the appropriate changes to Chapter 62S-6, F.A.C. In Rule 62S-6.009, F.A.C., subsections 62S-6.009(1), (3)-(25) and (27)-(31), F.A.C., will be repealed since they are no longer used in the rule or restate the statute; subsections (2) and (26) will be appropriately renumbered. In Rule 62S-6.012, F.A.C., pursuant to Section 120.55(1)(a)4., F.S., the Form: Application for Approval as a Discharge Cleanup Organization will be incorporated into subsection 62S-6.012(1), F.A.C., and the reference to Rule 62N-16.026, F.A.C., will be removed since this rule has been repealed. In addition, the Department will provide for electronic retrieval and submittal of the Form: Application for Approval as a Discharge Cleanup Organization. Furthermore, subsections 62S-6.012(3) and (5), F.A.C., will be removed since they duplicate the statute. In Rule 62S-6.022, F.A.C., the references to the Florida Marine Patrol in subsections 62S-6.022(1) and (2), F.A.C., will be removed since it no longer exists and will be replaced with the State Watch Office at [phone]. Furthermore, the reference to Section 370.07, F.S., in the rulemaking authority section will be moved since it is incorrect and will be replaced with the correct citation of Section 376.07, F.S. In Rule 62S-6.033, F.A.C., the reference to October 1, 1992 in subsection 62S-6.033(1), F.A.C., shall be removed since this date is no longer valid. Furthermore, the references to the Florida Marine Patrol in sub-subparagraphs 62S-6.033(1)(b)3.a. and (1)(c)3.a., F.A.C, will be removed since it no longer exists and will be replaced with the State Watch Office at [phone]. Furthermore, subsection 62S-6.033(4), F.A.C., will be repealed. This is due to the fact that Rule 62N-16.036, F.A.C., Vessel Spill Contingency Plan, which is the contingency plan referenced in subsection 62S-6.033(4), F.A.C., no longer exists. Finally, in Rule 62S-6.034, F.A.C., paragraph 62S-6.034(1)(a), F.A.C., will be deleted because Section 376.065(3), F.S., already details the boom requirements.

SUMMARY: The rule amendments will do the following: incorporate the appropriate form into the rule, allow for electronic retrieval and submittal of a form, replace an entity from the rule that no longer exists with the appropriate one, correct a citation in the rulemaking authority, remove certain rule references that no longer exist and repeal certain subsections and sub-subparagraphs that are no longer valid.

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: these proposed amendments are for the purpose of incorporating a form by reference, allowing for electronic retrieval and submittal of a form, changing contact info, or cleaning up out of date or duplicative citations and rules and therefore the Department does not expect any adverse financial impact.

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: 376.07 FS.

LAW IMPLEMENTED: 376.031, 376.065, 376.07, 376.09, 376.12 FS.

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

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: Gwen Keenan, Director, Office of Emergency Response, 3900 Commonwealth Blvd., MS 600, Tallahassee, FL 32399-3000, [phone], e-mail: [e-mail].. 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: Gwen Keenan at the address/phone above

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62S-6.009 Application of Definitions.

For purposes of this chapter, the following terms shall be defined to mean:

(1) “Department” means the Secretary of the Florida Department of Environmental Protection or his designee.

(1)(2) No change.

(3) “Transfer” or “Transferred” includes any commercial, bulk cargo or fuel on-loading or off-loading between terminal facility and vessel, or vessel to vessel, or terminal facility to terminal facility, to include but not limited to all on-loading or off-loading of fuel for bunkering.

(4) “Discharge Cleanup Organization” means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the state, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities. For the purposes of this chapter, any third party cleanup contractor or any local government shall be recognized as a discharge cleanup organization, provided such contractor or local government is properly certified by the department.

(5) “Public Waters,” as they pertain to derelict vessels, mean rivers, streams, lakes, navigable waters and associated tributaries, canals, enclosed water systems, and any bodies of water that are accessible to members of the general public.

(6) “Secretary” means the Secretary of the Department of Environmental Protection.

(7) “Contractor” means the individual, partnership, joint venture, corporation, cooperative or governmental entity that is contracted by the department for the purpose of removing and disposing of a derelict vessel.

(8) “Derelict Vessel” in accordance with Section 376.15, F.S., means any vessel left or stored in a wrecked, junked, or substantially dismantled condition that is abandoned upon public waters to include any port in the State without the consent of this department or docked at any private property without the consent of the owner of the private property.

(9) “Discharge” as it pertains to derelict vessels, means any spilling, leaking, seeping, pouring, emitting, emptying or dumping of a pollutant which occurs as the result of the removal and/or disposal of a derelict vessel.

(10) “State Agency Coordinator” means the predesignated State official responsible to the Chairperson of the State Response Team for the coordination of the team during a pollution incident. The State Agency Coordinator shall work in cooperation with the assigned Federal On-Scene Coordinator.

(11) “State Response Team” means the emergency response group of predesignated State agencies that is available on a continuous basis in order to respond to a major spill. This team shall act independently of the Regional Response Team, but will cooperate with Federal authorities in all Federal cleanup operations. The State Response Team shall be responsible for creating and maintaining a contingency plan of response, organization, and equipment for handling emergency cleanup of pollution discharges.

(12) “Spiller” means the individual, partnership, joint venture, corporation or governmental entity determined by the Secretary to be responsible for a discharge.

(13) “Board” means the Governor and Cabinet sitting as the head of the Florida Department of Environmental Protection.

(14) “Minor Discharge” means a discharge of pollutant of less than 1,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described in Part 80 of Title 33 of the Code of Federal Regulations and depicted on the navigational charts published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Survey, Washington, D.C., or less than 10,000 gallons in waters located seaward of the COLREG demarcation line for the state of Florida as described above.

(15) “Moderate Discharge” means a discharge of pollutant of 1,000 gallons to 10,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described above, or 10,000 to 100,000 gallons in waters located seaward of the COLREG demarcation line for the state of Florida as described above.

(16) “Major Discharge” means a discharge of pollutant of more than 10,000 gallons into waters within the jurisdiction of the department located landward of the COLREG demarcation line for the state of Florida as described above or more than 100,000 gallons in waters located seaward of the COLREG demarcation line for the state of Florida as described above.

(17) “Lead State Agency” means the predesignated state agency responsible for the effective coordination and administration of the state’s response efforts to a discharge or pollution incident.

(18) “Pollution Incident” means a minor, moderate, or major discharge of oil in any form, gasoline, pesticides, ammonia, chlorine, or derivatives thereof.

(19) “Regional Response Team” means an emergency response group comprised of Federal and state agencies that is available for continuous consultation in the event of a pollution incident. Florida’s representation on this team will be comprised of DEP and DCA. During the activation of the RRT, the Lead State Agency shall assume Florida’s primary representation on the RRT.

(20) “State Response Team Chairperson” means the Executive Director or Secretary of the Lead State Agency or his/her designee. During a pollution incident, the Chairperson or designee shall be responsible for the overall management and direction of the State Response Team or Hazardous Materials Task Force, as applicable. He shall have the authority to activate, direct, and deactivate the team. During a response, the Chairperson or designee shall be the principal public spokesperson for the SRT or Hazardous Materials Task Force, as applicable. The Chairperson or designee shall be responsible for advising the Governor regarding the need to make a Declaration of an Emergency Proclamation.

(21) “National Response Center” means the National Communication Center for activities related to pollution incidents. The NRC relays notices of discharge to the appropriate Federal On-Scene Coordinator.

(22) “Hazardous Materials Task Force” means the interagency coordinative body which plans and directs the state response to major or disastrous hazardous materials incidents.

(23) “Federal On-Scene Coordinator” means the predesignated federal official responsible for the coordination and direction of federal discharge removal efforts at the scene of a pollution incident.

(24) “Coastal Local Governments” in accordance with Section 376.15(2)(b), F.S., means any local governing body which is duly constituted under the Laws of Florida and whose geographical jurisdiction covers, includes or borders the Atlantic Ocean or Gulf of Mexico or their bays and inlets.

(25) “Division” means the Division of Law Enforcement within the Department of Environmental Protection.

(2)(26) No change.

(27) “Heavy Oil” means any oil of any kind and in any form with a specific gravity of 0.889 or greater including but not limited to lubricating oil, residual fuel oil, #4 fuel oil, #5 fuel oil, #6 fuel oil, crude oil, Bunker C and asphalt. Solvents and solvent mixtures are not considered heavy oils.

(28) “Proper containment equipment” means hard or permanent boom.

(29) “Seal off” means the use of a sleeve or similar device which completely encloses the transfer piping or hose except at the lowest end of the transfer operation, where a drip pan of not less than 25 gallon capacity shall be used. “Seal off” as defined herein may be used to meet the requirements of Section 376.07(2)(a), F.S., only by tank trucks that have a storage capacity of less than 10,000 gallons, which are transferring less than 1500 gallons of heavy oil, and which are using transfer piping or hoses with a 3´´ diameter or smaller.

(30) “Vessel Operator” means any person operating a vessel, whether by lease, contract or other agreement.

(31) “Vessel Owner” means any person owning a vessel or holding any legal or equitable title to a vessel.

Rulemaking Authority 376.07 FS. Law Implemented 376.031, 376.065, 376.07 FS. History–New 8-23-74, Formerly 16B-16.09, Amended 11-5-80, 11-21-83, 10-3-85, 11-11-85, Formerly 16N-16.09, Amended 8-27-92, Formerly 16N-16.009, Amended 10-17-94, Formerly 62N-16.009, Amended_________.

 

62S-16.012 Discharge Cleanup Organization; Approval.

(1) For approval as a discharge cleanup organization, an applicant shall apply to the department on a Form 62S-6.012(1), Application for Approval as a Discharge Cleanup Organization, dated [effective date], hereby adopted and incorporated by reference. The completed form can be either mailed to the Department of Environmental Protection, Office of Emergency Response, 3900 Commonwealth Boulevard, M.S. 659, Tallahassee, Florida 32399-3000 or it can be electronically submitted to the following email address, [e-mail]. Copies of this form are available from Department of Environmental Protection, Office of Emergency Response, 3900 Commonwealth Boulevard, M.S. 659, Tallahassee, Florida 32399-3000, or via link to FAR website (link to be inserted before certification) or http://www.dep.state.fl.us/oer/contractors.htm/ form supplied by the department, as provided for in 62N-16.026.

(2) No change.

(3) Applications shall be processed in accordance with the provisions of Chapter 120, F.S.

(3)(4) No change.

(5) Priority consideration shall be given to certified cleanup organizations by the department for discharge containment and cleanup contracts that are funded by the Florida Coastal Protection Trust Fund.

Rulemaking Authority 376.07 FS. Law Implemented 376.065, 376.09 FS. History–New 8-23-74, Formerly 16B-16.12, Amended 11-5-80, Formerly 16N-16.12, Amended 6-17-92, Formerly 16N-16.012, 62N-16.012, Amended________.

 

62S-6.022 Notification of Pollutant Discharge.

(1) The “person-in-charge” master of any vessel or the “person-in-charge” of any terminal facility that suffers a pollutant discharge which enters or threatens to enter waters of the state within the jurisdiction of the department shall, within one hour of discovery of the discharge, notify the State Watch Office at [phone]Florida Marine Patrol or the United States Coast Guard at the National Response Center.

(2) The person making notification to the State Watch OfficeFlorida Marine Patrol shall provide at least the following information regarding the spill.

(a) through (k) No change.

Rulemaking Authority 376.07 370.07 FS. Law Implemented 376.12 FS. History–New 11-5-80, Formerly 16N-16.22, Amended 6-17-92, Formerly 16N-16.022, 62N-16.022, Amended_________.

 

62S-6.033 Terminal Facility Discharge Contingency Plan.

(1) An owner or operator of a terminal facility shall by October 1, 1992, have a discharge contingency plan which is site specific for reporting discharges and detailing the methods, means and equipment to be used in the removal of such pollutants in the event of a discharge which enters or threatens to enter waters of the state. An adequate discharge contingency plan shall be one of the following:

(a) No change.

(b) For terminal facilities which store or service vessels with the capacity to carry 10,000 gallons or greater of pollutants as fuel or cargo, excluding motor fuel, a plan which includes as a minimum, the following details:

1. through 2. No change.

3. Notification

a. The responsibility and procedure for the immediate telephone and radio notification of a discharge to the U.S. Coast Guard at the National Response Center or the State Watch Office at [phone] of the Florida Marine Patrol.

b. through c. No change.

4. through 8. No change.

(c) For terminal facilities which store or service vessels with the capacity to carry less than 10,000 gallons of pollutants as fuel or cargo, excluding motor fuel, a plan which includes as a minimum, the following details:

1. through 2. No change.

3. Notification

a. The responsibility and procedure for the immediate telephone and radio notification of any discharge to the U.S. Coast Guard at the National Response Center or the State Watch Office at [phone] Florida Marine Patrol, including, but not limited to, telephone numbers and radio frequencies of the U.S. Coast Guard and state contact point.

b. No change.

4. No change.

(2) through (3) No change.

(4) Vessels that are also terminal facilities need a contingency plan that meets the requirements of Rule 62N-16.036, F.A.C., and are exempted from having a plan in accordance with this rule.

Rulemaking Authority 376.07 FS. Law Implemented 376.07 FS. History–New 8-27-92, Formerly 16N-16.033, Amended 4-12-95, Formerly 62N-16.033, Amended________.

 

62S-6.034 Additional Equipment to Cleanup a 10,000 Gallon Pollutant Discharge.

(1) The additional cleanup equipment to be available to a terminal facility as required under Section 376.065(3), F.S., shall be as follows:

(a) Five thousand feet of permanent boom with twelve inch skirt or longer including adequate anchors and lighted buoys.

(b) through (n) renumbered (a) through (m) No change.

(2) through (3) No change.

Rulemaking Authority 376.07 FS. Law Implemented 376.065 FS. History–New 8-27-92, Formerly 16N-16.034, 62N-16.034, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gwen Keenan, Director, Office of Emergency Response

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 20, 2013