The purpose and effect of this proposed rule is to amend rules to increase efficiency and internal consistency by adopting federal regulations by reference, and making technical corrections.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-710.210Documents Incorporated by Reference

62-710.500Registration and Notification

62-710.510Record Keeping and Reporting

62-710.600Certification Program for Used Oil Transporters

62-710.800Permits for Used Oil Processing Facilities

62-710.901Forms

PURPOSE, EFFECT AND SUMMARY: The purpose and effect of this proposed rule is to amend rules to increase efficiency and internal consistency by adopting federal regulations by reference, and making technical corrections.

RULEMAKING AUTHORITY: 120.53(1), 403.061, 403.704, 403.7545, 403.767, 403.8055, F.S.

LAW IMPLEMENTED: 403.704, 403.707, 403.754, 403.7545, 403.760, 403.767, 403.769, F.S.

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION

403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Julie Rainey, Department of Environmental Protection, MS 4560, Blair Stone Road, Tallahassee, Florida 32399-2400 or email at [e-mail]

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-710.210 Documents Incorporated by Reference.

(1) No change

(2) The Department adopts by reference 40 C.F.R. Part 279 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-08950 2012, (http://www.flrules.org/Gateway/reference.asp?No=Ref-02188), which contains the federal standards for the management of used oil. It is the intent of the Department to interpret these standards in a manner consistent with interpretations promulgated by the United States Environmental Protection Agency, except when such interpretations conflict with Florida law.

(3) through (8) No change

Rulemaking Authority 403.061, 403.704, 403.7545, 403.8055 FS. Law Implemented 403.704, 403.7545 FS. History–New 6-8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13,_____.

 

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 (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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) through (d) No change

(2) through (4) No change

(5) Each public used oil collection center shall notify the Department no later than 30 days after first accepting used oil from the public on DEP Form 62-710.901(5), “Public Used Oil Collection Center Notification and Annual Report,” effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02071). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-710.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The Department shall acknowledge filing of the notification within 30 days of receipt.

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,_____.

 

62-710.510 Record Keeping and Reporting.

(1) Each registered person shall maintain records on DEP Form 62-710.901(2), “Used Oil and Used Oil Filter Record Keeping Form and Instructions,” effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02069), or on substantially equivalent forms which contain at least the same information as the Department form. This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-710.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. These records shall include the following information:

(a) through (g) No change

(2) 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 (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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-710.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, 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,_____.

 

62-710.600 Certification Program for Used Oil Transporters.

(1) No change

(2) To become certified and to maintain certification, used oil transporters shall:

(a) through (d) No change

(e) Have, verify, and maintain vehicle insurance with a combined single limit of no less than $1,000,000.00. Such insurance, or additional policy, must in no way exclude pollution coverage for sudden and accidental alleged or threatened discharge, dispersal, seepage, migration, release or escape of used oil, and must include any cost or expense relating to pollution damage for which the transporter is legally liable. Such insurance must be maintained at all times and be exclusive of legal defense costs.

1. The insurance required in this paragraph may be established by:

a. Evidence of liability insurance, either on a claim made or an occurrence basis, with or without a deductible (with the deductible, if any, to be on a per occurrence or per accident basis and not to exceed ten percent of the equity of the business), using DEP Form 62-730.900(5)(a), “State of Florida Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler,” effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02081). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-730.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The insurance policy shall be issued by an agent or company authorized or licensed to transact business in the State of Florida. If the facility has an up-to-date DEP Form 62-730.900(5)(a) on file with the Department, an ACORD form will be accepted for renewal of the same policy with the same carrier if the information on the ACORD form matches the DEP Form 62-730.900(5)(a) the Department has on file for the facility, including the policy number, or the Department has received documentation from the insurance company certifying that the liability policy has not changed along with the ACORD form; or

b. No change

2. No change

(3) through (4) No change

Rulemaking Authority 403.061, 403.704, 403.767 FS. Law Implemented 403.767 FS. History–New 1-17-90, Formerly 17-710.600, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 4-23-13,_____.

 

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 (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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-710.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, 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 (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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-710.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, 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,_____.

 

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 http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-710.htm or by contacting the Permitting and Compliance Assistance Program Hazardous Waste Regulation Section, MS 4500 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) No change

(2) Used Oil and Used Oil Filter Record Keeping Form and Instructions, effective 4-23-13 4-23-12, which is adopted and incorporated by reference in subsection 62-710.510(1), F.A.C.

(3) Annual Report by Used Oil and Used Oil Filter Handlers, effective 4-23-13 4-23-12, which is adopted and incorporated by reference in subsection 62-710.510(5), F.A.C.

(4) No change

(5) Public Used Oil Collection Center Notification and Annual Report, effective 4-23-13 4-23-12, which is adopted and incorporated by reference in subsection 62-710.500(5), F.A.C.

(6) Used Oil Processing Facility Permit Application, effective 4-23-13 4-23-12, 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 4-23-12, 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,_____.