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

 

EXECUTIVE OFFICE OF THE GOVERNOR

Division of Emergency Management

RULE NOS.:RULE TITLES:

27P-14.002Definitions

27P-14.003Annual Registration Fee

27P-14.004Filing Fee

27P-14.0045Section 313 Toxic Chemical Release Inventory Fee

27P-14.005Late Fees

27P-14.006Approved Forms

27P-14.007Refunds

27P-14.008Filings; Amended Filings; Electronic Transmission

27P-14.009Notification of Change in Owner/Operator Status

27P-14.010EPCRA Public Information Requests; Inspection and Copies

27P-14.011Hazardous Substance and Extremely Hazardous Substance Release Reporting

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

SUBJECT AREA TO BE ADDRESSED: State Emergency Response Commission chemical facility filing

RULEMAKING AUTHORITY: 252.35(2)(y); 252.83(1); 252.85(5), F.S.

LAW IMPLEMENTED: 252.83(1)(b); 252.85

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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 48 hours before the workshop/meeting by contacting: Cassie Sykes

[phone]

[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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Cassie Sykes

[phone]

[e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

CHAPTER 27P-14

HAZARDOUS MATERIALS

27P-14.002Definitions

27P-14.003Annual Registration Fee

27P-14.004Filing Fee

27P-14.0045Section 313 Toxic Chemical Release Inventory Fee

27P-14.005Late Fees

27P-14.006Approved Forms

27P-14.007Refunds

27P-14.008Filings; Amended Filings; Electronic Transmission

27P-14.009Notification of Change in Owner/Operator Status

27P-14.010EPCRA Public Information Requests; Inspection and Copies

27P-14.011Hazardous Substance and Extremely Hazardous Substance Release Reporting

27P-14.002 Definitions.

As used in this rule chapter:

(1) “Agricultural Employee” means each full-time and each part-time non-seasonal employee within this state reported by the owner or operator of an agricultural facility to the Department of Economic Opportunity for unemployment compensation tax purposes, the total number of which shall not be less than the number for the month reflecting the lowest number of employees for the calendar year.

(2) “Agricultural facility” means a facility which engages primarily in the commercial production of agricultural commodities, and has hazardous materials present which qualify for the routine agricultural use exemption under the Emergency Planning and Community Right-To-Know Act (EPCRA), Section 311(e). Commercial production shall include the handling and packaging of the owner/operator’s agricultural commodities only when the handling and packaging is incidental to or in conjunction with the owner/operator’s agricultural operation.

(3) “Commission” means the State Hazardous Materials Emergency Response Commission created pursuant to s. 301 of EPCRA.

(4) “Committee” means any local emergency planning committee established in the state pursuant to s. 301 of EPCRA.

(5) “Employee” means each full-time and each part-time employee employed within the State by the owner or operator of a facility as reported to the Department of Economic Opportunity for unemployment compensation tax purposes for the last month of the calendar year.

(6) “Division” means the Division of Emergency Management, Executive Office of the Governor.

(7) “Facility” means facility as defined in s. 329 of EPCRA. Vehicles placarded according to 49 Code of Federal Regulations shall not be considered a facility except for the purposes of Section 304 of EPCRA.

(8) “Hazardous material” means any hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s.329 of EPCRA.

(9) “Report” means a notification under s. 302 of EPCRA or an inventory form under s. 312 of EPCRA.

(10) “EPCRA’ means the Emergency Planning and Community Right-To-Know Act of 1986, Title III of the Superfund Amendments and Reauthorization Act of 1986, ss. 300 through 329 of Pub. L. No. 99-499, 42 U.S.C. ss. 11001, et seq.; and federal regulations adopted thereunder.

(11) “Owner/Operator” means a sole proprietorship, or partnership, or company with an assigned Federal Employer Identification number, that reports employees to the Florida Department of Economic Opportunity including, at a minimum, employees at the facility in Florida subject to reporting under EPCRA Section 302 or 312.

(12) “Vehicle” means “motor vehicle” as defined in 49 Code of Federal Regulations, Section 171.8.

(13) “Electronic transmission” means the transmission of documents by electronic signals to or from the Division which when received can be transferred electronically into existing databases or can be transformed and stored or reproduced on paper or other electronic record keeping system.

Rulemaking Authority 252.35(2)(xy), 252.83(1) FS. Law Implemented 252.82 FS. History–New 11-24-88, Amended 12-31-92, 1-3-01, 3-13-06, Formerly 9G-14.002.

27P-14.003 Annual Registration Fee.

(1) Any owner of operator of a facility required by s. 302 or 312 of EPCRA or Section 252.87, F.S., to submit a notification or an annual inventory form to the Commission for any calendar year shall be required to pay an annual registration fee based on the total number of employees as provided in this subsection.

(2) The registration fee shall be due on March 1 of each year during which one or more facilities became or remained subject to the requirements of this section.

(3) For any facility owner or operator regulated under Chapters 368 and 527 or Section 376.303, F.S., which does not have present any extremely hazardous substance, as defined by EPCRA, equal to or in excess of the applicable threshold planning quantity established pursuant to EPCRA, the amount of the registration fee shall be $2.50 for each employee employed within the State by such facility owner or operator, but shall be not less than $25.00 nor more than $500.00 per year.

(4) For any owner or operator of an agricultural facility, the amount of the registration fee for any company shall be $10.00 for each agricultural employee employed within the state by such facility owner or operator, but shall not be less than $25.00 nor more than $2,000.00 per year. For any owner or operator of a facility with a North American Industrial Classification System code of 11XXX, 31XXX, 54XXX, 81XXXa Standard Industrial Classification code of 01, 02, or 07, which is eligible for the routine agricultural use exemption provided under EPCRA, Section 311(e), the amount of the fee shall be $10.00 for each employee employed within the state by such facility owner or operator, but shall not be less than $25.00 nor more than $1,000.00 per year.

(5) For all other facilities the amount of the registration fee shall be $10.00 for each employee employed within the State by such facility owner or operator, but shall be not less than $25.00 nor more than $2,000.00 per year.

(6) Governmental bodies as defined in Section 252.87, F.S., are exempt from the annual registration fee.

Rulemaking Authority 252.35(2)(xy), 252.83(1), 252.85(5) FS. Law Implemented  252.85, 252.87 FS. History–New 11-24-88, Amended 12-31-92, 2-26-97, Formerly 9G-14.003.

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 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.

27P-14.0045 Section 313 Toxic Chemical Release Inventory Fee.

(1) An owner or operator of one or more facilities who is required to submit a United States Environmental Protection Agency Toxic Chemical Release Inventory Form-R report or alternate threshold Form-A filing to the Commission under s. 313 of EPCRA shall be required to pay an annual reporting fee of $150.00 per Toxic Chemical Release Inventory Form-R report and $75 per chemical listed on each Form-A alternate threshold filing for each s. 313 listed EPCRA substances on the Environmental Protection Agency’s list in effect on January 1, 2005, using Form Number HMP-08-00.

(2) Such fee shall be due on July 1 of each year.

Rulemaking Authority 252.35(2)(xy), 252.83(1) FS. Law Implemented 252.85 FS. History–New 12-31-92, Amended 2-26-97, 12-20-98, 1-3-01, 3-13-06, Formerly 9G-14.0045.

27P-14.005 Late Fees.

(1) In addition to any registration, filing fee or Toxic Chemical Release Inventory fee required by Section 252.85, F.S., the Division shall add a late fee as provided in this section for the following:

(a) Each failure to file a report or filing that substantially complies with the requirements of EPCRA or Section 252.85, F.S., by the required due date; or

(b) Each failure to pay any fee required by Section 252.85, F.S.

(2) The following procedure shall be utilized by the Division to assess late fees:

(a) A written notification shall be sent which specifies the requirement that has not been met and the amount of the late fee to be paid if the report, filing, or fee necessary to meet the requirement is not submitted to the Division within 30 days of receipt of the notice. The amount of the late fee shall be equal to the amount of the annual registration, filing fee or Toxic Chemical Release Inventory fee required for timely submission, not to exceed $2,000.00 per late submission.

(b) If the report, filing, or fee is not submitted within 90 days after receipt of the first notice, the Division shall issue a second notice which specifies the requirement which has not been met and the amount of the late fee to be paid if the report or fee necessary to meet the requirement is not submitted within 30 days after receipt of the Division’s second notice. The amount of the late fee shall be twice the amount of the annual registration, filing fee or Toxic Chemical Release Inventory fee required for timely submission, not to exceed $4,000.00 per late submission.

(3) The date of receipt of notice by the owner or operator shall be the actual date of receipt as evidenced by the executed postal return receipt.

(4) If the report, fee, or both, are mailed, the date of submittal by the owner or operator shall be the postmark. If the report, fee, or both, are hand delivered, the date of submittal by the owner or operator shall be the date of actual receipt by the Division as evidenced by the Division’s date stamp. Hand delivery includes the use of overnight or other private mail carriers.

Rulemaking Authority 252.35(2)(xy), 252.83(1), 252.85(5) FS. Law Implemented 252.85 FS. History–New 11-24-88, Amended 12-31-92, 6-1-95, 2-26-97, 12-20-98, Formerly 9G-14.005.

27P-14.006 Approved Forms.

The following forms are adopted by reference. Use of Form HMP-02-00 is required for submission of an annual registration fee. Use of Form HMP-01-98 is required for submission of a notification pursuant to EPCRA s. 302. Use of Form HMP-05-00 is required for submission of an annual inventory form pursuant to EPCRA s. 312 and 324 and Section 252.88(3), F.S. Use of Form HMP-09-00 is required for submission of a request for a refund for overpayment of fees or for fees paid in error pursuant to Rule 27P-14.007, F.A.C. Use of Form HMP-10-00 is required for electronic transmission of an annual inventory report pursuant to EPCRA s. 312 and 324 and Section 252.88(3), F.S.  Use of Form HMP-11-00 is required for providing certification of accuracy for electronic transmission filings. Use of Form HMP-08-00 is required for submission of an annual inventory report or alternate threshold filing fee submitted pursuant to EPCRA s. 313. These forms are available at no charge from the Division of Emergency Management, Bureau of Preparedness, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399.

			EFFECTIVE
FORM NO.	SUBJECT			DATE
HMP-01-98	Section 302 – Emergency Planning Notification, Revised 9-1-21Revised 7-1-05			1-1-213-13-06
HMP-02-00	Annual Registration Form, Revised 9-1-21Revised 7-1-05			1-1-213-13-06
HMP-05-00	Tier Two Form (with instructions), Revised 9-1-21Revised 7-1-05			1-1-213-13-06
HMP-06-95	Confidential Location Information Sheet, Revised 7-1-05			3-13-06
HMP-08-00	Toxic Chemical Release Inventory Fee Form, Revised 9-1-21Revised 7-1-05			1-1-213-13-06
DFS-AA-4 HMP-09-00	State of Florida, Department of Financial Services, Application for Refund, Revised 9-1-21 Revised 7-1-05			1-1-213-13-06
HMP-10-00	Electronic Tier Two Form (with instructions), Revised 7-1-05			3-13-06
HMP-11-00	Tier Two Certification Statement Form, Revised 7-1-05			3-13-06

Rulemaking Authority 252.35(2)(xy),, 252.35(2)(x), 252.83(1) FS. Law Implemented 120.53, 252.85 FS. History–New 11-28-90, Amended 12-31-92, 6-1-95, 2-26-97, 12-20-98, 1-3-01, 3-13-06, Formerly 9G-14.006.

27P-14.007 Refunds.

Any owner or operator of a facility may request a refund for overpayment of fees or for fees paid in error. In order to request a refund, the owner or operator of a facility must complete a Refund Application Form (DFS-AA-4)(effective February 1, 2007), hereby incorporated by reference, and submit it to the Commission. Refunds will be processed only after the request has been verified and approved by the Division, all facility reports required pursuant to EPCRA have been filed, and completed accurately, for all required years, and with all required recipients. Applications for refunds must be filed within three (3) years of the date of payment or else the right to a refund shall be barred.

Rulemaking Authority 252.83(1) FS. Law Implemented 252.85 FS. History–New 6-1-95, Amended 1-3-01, Formerly 9G-14.007.

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, 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 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.

27P-14.009 Notification of Change in Owner/Operator Status.

The facility owner or operator shall promptly inform the Commission and the Committee of any changes in information necessary for developing and implementing the emergency plan, and any changes in information included on filings with the Commission or Committee, as such changes occur or are expected to occur. In the event that the ownership of the facility changes, the successor entity shall submit supplemental filings to the Commission, Committee and fire department, identifying the successor entity and that the filings are being made due to a change in ownership.

Rulemaking Authority 252.35(2)(xy), 252.83(1) FS. Law Implemented 252.83, 252.85 FS. History–New 6-1-95, Formerly 9G-14.009.

27P-14.010 EPCRA Public Information Requests; Inspection and Copies.

(1) Requests for information may be directed to the Local Emergency Planning Committee (LEPC), c/o the Regional Planning Council (RPC), at the following addresses:

District One LEPC

c/o West Florida RPC

4081 East Olive Road, Suite A

Pensacola, Florida 32514

 

District Two LEPC

c/o Apalachee RPC

20776 Central Avenue East, Suite 1

Blountstown, Florida 32424

 

District Three LEPC

c/o North Central Florida RPC

2009 Northwest 67 Place, Suite A

Gainesville, Florida 32653

 

District Four LEPC

c/o Northeast Florida RPC

6850 Belfort Oaks Place

Jacksonville, Florida 32216

 

District Five LEPC

c/o Withlacoochee RPC

1241 Southwest Tenth Street

Ocala, Florida 34471

 

District Six LEPC

c/o East Central Florida RPC

309 Cranes Roost Blvd., Suite 2000

Altamonte Springs, Florida 32701

 

District Seven LEPC

c/o Central Florida RPC

Post Office Box 2089

Bartow, Florida 33831

 

District Eight LEPC

c/o Tampa Bay RPC

4000 Gateway Centre Blvd., Suite 100

Pinellas Park, Florida 33782

 

District Nine LEPC

c/o Southwest Florida RPC

1926 Victoria Avenue

Fort Myers, Florida 33901

 

District Ten LEPC

c/o Treasure Coast RPC

421 S.W. Camden Avenue

Stuart, Florida 34994

 

District Eleven LEPC

c/o South Florida RPC

3440 Hollywood Boulevard, Suite 140

Hollywood, Florida 33021

Requests for inspection and copying of any EPCRA records that are open to the public may be directed to [e-mail] same office or to the Commission, c/o the Department Division of Emergency Management at 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2149. For further information, please see https://www.floridadisaster.org/hazmat.

(2) through (5) renumbered (1) through (4) No Change.

Rulemaking Authority 252.35(2)(xy), 252.83(1) FS. Law Implemented 119.07(1), 120.53, 252.83, 252.88 FS. History–New 6-1-95, Amended 2-26-97, 1-3-01, 3-13-06, Formerly 9G-14.010.

27P-14.011 Hazardous Substance and Extremely Hazardous Substance Release Reporting.

(1) Any facility required by 42 USC 11004(a) to immediately report the release of a hazardous substance or extremely hazardous substance to the Commission shall provide said notification to the State Watch Office, telephone number [phone] or 1(800) 320-0519.

(2) Any facility required by 42 USC 11004(c) to provide a written follow-up emergency notice to the Commission and a Committee shall submit said written follow-up report as soon as practicable to the Community Emergency Coordinator for the Committee as designated in the Committee plan, at the Committee mailing address, and to the Commission. The written follow-up emergency notice shall include all information required by 42 USC 11004(c).

Rulemaking Authority 252.35(2)(xy), 252.83(1) FS. Law Implemented 252.35, 252.83 FS. History–New 6-1-95, Amended 2-26-97, 1-3-01, Formerly 9G-14.011.