24781577, 62-761.200 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 24781577

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

UNDERGROUND STORAGE TANK SYSTEMS

Overview

RULE:

62-761.200	Definitions
62-761.210	Reference Guidelines
62-761.300	Applicability
62-761.400	Facility Registration
62-761.420	Financial Responsibility
62-761.500	Storage Tank System Requirements
62-761.600	Release Detection Requirements
62-761.700	Repairs, Operation and Maintenance
62-761.710	Recordkeeping
62-761.800	Out-of-Service and Closure Requirements
62-761.900	Storage Tank Forms

PURPOSE:

The Division of Waste Management proposes to revise Chapter 62-761, F.A.C., Underground Storage Tank Systems, by revising language in several rules for clarification, updating reference guidelines to the newest editions, synchronizing release detection requirements with the federal requirements for emergency generator owners and operators, updating the financial responsibility and discharge form, and adding visual inspections to the out-of-service requirements to help maintain those storage tank systems while out-of-service.

SUBJECT:

The initial proposed rule revisions include clarifying the definition of day tank, updating reference guidelines to their current editions, and clarifying the explanation of day tank exemption in Applicability. In the Registration rule, defining account owner and specifying requirements for new account owners. In the Financial Responsibility rule, updating the form dates and links. Additionally, updating reference guideline editions and clarifying overfill device and test result requirements under Storage Tank System Requirements. Under release detection, providing emergency generator owners with an additional option for release detection in line with the federal requirements and a reminder for recordkeeping requirements for testing. In Repairs, Operation and Maintenance rule, updating reference guideline editions and specifying systems shall be maintained while out-of-service. In recordkeeping, updating recordkeeping requirements which correspond with other sections. In the out-of-service subsection, updating reference guideline editions and adding an annual requirement to perform visual inspections on out-of-service storage tank systems. In the Forms rule, updating the financial responsibility form and correcting the Discharge Report Form.

RULEMAKING AUTHORITY:

376.303, FS.

LAW:

376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 403.091, 403.141, 403.161, 403.091, 489.133, FS.

PRINT PUBLISH DATE:

12/22/2021 Vol. 47/246

RELATED STATUTES
AND LAWS:

376.303, FS., 376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 403.091, 403.141, 403.161, 403.091, 489.133, FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=62-761.200&PDate=12/22/2021&Section=1

REFERENCE MATERIALS:

No reference(s).

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