Chapter 62-780, F.A.C., was adopted in 2005 and has not been substantially updated on a technical basis since then. In the intervening time, much has been learned with regard to applying Risk-Based Corrective Action (RBCA) principles to contaminated ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-780.100Referenced Guidelines and Information Sources

62-780.150Applicability

62-780.200Acronyms and Definitions

62-780.210Contamination Reporting

62-780.220Notices

62-780.300Quality Assurance Requirements

62-780.400Professional Certifications

62-780.450Combined Document

62-780.500Emergency Response Action or Interim Source Removal

62-780.550Nonpetroleum De Minimis Discharges

62-780.560Petroleum or Petroleum Product De Minimis Discharges

62-780.600Site Assessment

62-780.610Fate and Transport Model and Statistical Method Requirements

62-780.650Risk Assessment

62-780.680No Further Action and No Further Action with Controls

62-780.690Natural Attenuation Monitoring

62-780.700Active Remediation

62-780.750Post Active Remediation Monitoring

62-780.790Time Schedules

62-780.900Forms

PURPOSE AND EFFECT: Chapter 62-780, F.A.C., was adopted in 2005 and has not been substantially updated on a technical basis since then. In the intervening time, much has been learned with regard to applying Risk-Based Corrective Action (RBCA) principles to contaminated site management and closure. The rule chapter will be modernized to incorporate these “lessons learned” and to facilitate contaminated site closure. In addition, new techniques and approaches have been developed to support RBCA, but the rule chapter is silent, ambiguous or implicitly prohibits these advancements. Finally, a number of inconsistencies or incongruities have been uncovered within the rule chapter, and these will be corrected.

Specific topics to be addressed include evaluation of Incremental Sampling Methodology, revision of determination of leachability, and the use and application of apportionment.

This rule making is planned to run concurrently with rule making for Chapter 62-777, F.A.C. “Contaminated Site Cleanup Criteria”.

The agenda and draft rule will be available at http://www.dep.state.fl.us/waste/ by June 23rd or by contacting the contact person listed below.

SUBJECT AREA TO BE ADDRESSED: Contaminated Site Cleanup, Risk Based Corrective Action.

RULEMAKING AUTHORITY: 376.303, 376.3071, 376.30701, 376.30702, 376.3078(4), 376.3078(9), 376.81, 403.061, 403.0877, and 403.7255 FS.

LAW IMPLEMENTED: 376.303, 376.305, 376.3071, 376.30701, 376.30702, 376.30711, 376.3078(4), 376.3078(9), 376.315, 376.80, 376.81, 403.021, 403.061, 403.062, 403.0877 and 403.7255 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 30, 2015, 9:00 a.m. ‒4:00 p.m.

This workshop shall include discussions regarding both Chapters 62-780 and 62-777, F.A.C. The workshop for Chapter 62-780, F.A.C. will begin at the time indicated and at the conclusion of those discussions the workshop for Chapter 62-777, F.A.C. will begin.

PLACE: Conference Room A, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, FL

The workshop will also be available by teleconference at 1(888)670-3525 participant code: 887-372-1397 and webinar (no audio) at https://meet.lync.com/floridadep/brian.dougherty/7NC78F9L

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: Brian Dougherty at [phone] or [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: Brian Dougherty at [phone] or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.