17492318, 62-780.100 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 17492318

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

CONTAMINATED SITE CLEANUP CRITERIA

Overview

RULE:

62-780.100	Referenced Guidelines and Information Sources
62-780.150	Applicability
62-780.200	Acronyms and Definitions
62-780.210	Contamination Reporting
62-780.220	Notices
62-780.450	Combined Document
62-780.500	Emergency Response Action
62-780.525	Interim Source Removal
62-780.550	Nonpetroleum De Minimis Discharges
62-780.560	Petroleum or Petroleum Product De Minimis Discharges
62-780.600	Site Assessment
62-780.650	Risk Assessment
62-780.680	No Further Action and No Further Action with Controls
62-780.690	Natural Attenuation Monitoring
62-780.700	Active Remediation
62-780.750	Post Active Remediation Monitoring
62-780.900	Forms

PURPOSE:

The Department is proposing to amend Chapter 62-780, F.A.C., which 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 has been modernized to incorporate these “lessons learned” and to facilitate contaminated site closure.  The rule was also revised to allow the use of new techniques and approaches.  A number of inconsistencies or incongruities within the chapter have also been corrected.

SUMMARY:

Specific adjustments to the rule include clarifications and updates on: 1) the use of existing governmental controls as institutional controls for site closure, 2) criteria for consideration when using a risk assessment, 3) taking the additive effects of chemicals into account, 4) procedures and documentation for emergency response and interim source removal, 5) use of alternative soil sampling and analysis techniques, and 6) noticing and reporting requirements throughout the chapter, and 7) specific amendments to incorporate all of the statutory changes from the 2016 legislative session.
OTHER RULES INCORPORATING THIS RULE: 62-701.510, 62-730.210 and 225, 62-772.400 and 200, 62-771.100, 62-777.150 and 170.
EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-780, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following rules:62-701.510, 62-730.210 and 225, 62-772.400 and 200, 62-771.100, 62-777.150 and 170.  Amendments to Chapter 62-780 will have an effect on rule 62-772.200 because the definition for "Site assessment" refers to a rule that has been renumbered.

RULEMAKING AUTHORITY:

376.303, 376.3071, 376.30701, 376.30702, 376.3078, 376.81, 403.061, 403.0877, 403.7255 FS.

LAW:

376.301, 376.305, 376.3071, 376.30701, 376.30702, 376.3078, 376.315, 376.81, 403.021, 403.061, 403.062, 403.0877, 403.7255 FS, Ch. 2016-184, LOF F.

PRINT PUBLISH DATE:

9/19/2016 Vol. 42/182

COMMENTS:

From 9/19/2016 To 10/10/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02418 40CFR 261 Subpart D 2012
Ref-02419 40CFR 261.4 2012
Ref-03403 US EPA Exposure Factors Handbook 2011 Edition

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.