Summary
The Energy Policy Act of 2005 (EPAct) which amended the Solid Waste Disposal Act by adding section 9012, provided the US EPA with the authority to prohibit deliveries of regulated substances to federally regulated Underground Storage Tanks (UST) and require UST operator training. Because FDEP does not have an EPA approved UST program, EPA may choose to enforce any of the federal UST laws, including, violations of the EPAct delivery prohibition and operator training requirements, upon Florida UST owners and operators that would be regulated under the federal program. EPA has indicated it would not pursue enforcement against Florida UST facilities if FDEP met the EPAct requirements and enforced them. On April 10, 2013, EPA notified FDEP that it did not consider FDEP’s existing practices regarding these provisions as complying with the EPAct and, consequently, EPA would not continue to provide FDEP with certain UST grant funding. In order to continue to receive this funding, on May 10, 2013, FDEP committed to EPA to adopting rules to implement these provisions.
OTHER RULES INCORPORATING THIS RULE: These are new rules, therefore no other rule reference these rules.
EFECT ON THOSE OTHER RULES: None.