21342151, 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: 21342151

Notice of Proposed Rule

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
62-761.405	Notification
62-761.420	Financial Responsibility
62-761.430	Incidents
62-761.500	Storage Tank System Requirements
62-761.700	Repairs, Operation and Maintenance
62-761.800	Out-of-Service and Closure Requirements
62-761.850	Alternative Procedures, Equipment Registration and Registration of Operator Training Providers
62-761.900	Storage Tank Forms

PURPOSE:

Revising language for clarification in certain Underground Storage Tank Systems rules.

SUMMARY:

In the “Definition” section, correcting federal rule citation and clarifying language. In “Reference Guidelines”, updating reference guidance documents to current editions. In "Applicability", updating reference guidelines. In “Facility Registration”, adding clarifying language. In "Notification", updating form date. In “Financial Responsibility”, clarifying language and sentence structure, and revising forms. In “Incidents”, clarifying language is included and removal of conflicting timeline. In the “Storage Tank System Requirements”, including clarifying language and updating reference guideline editions. Also revising the overfill protection subsection to be consistent with federal suggested interpretation that reduces regulatory burden on industry without lowering environmental standards or safeguards.  In “Repairs, Operation and Maintenance”, adding clarifying language and updating reference guideline editions. Also clarifying ambiguous integrity testing requirements for equipment over the surface waters of the state due to the revision of a term. In "Alternative Procedures, Equipment Registration and Registration of Operator Training Providers", updating form. In “Out-of-Service and Closure Requirements”, adding clarifying language, updating reference guideline editions, and rearranging sentence structure for clarity. In "Alternative Procedures, Equipment Registration and Registration of Operator Training Providers", updating Equipment Registration form. In “Storage Tank Forms”, updating forms.
OTHER RULES INCORPORATING THIS RULE: 40C-3.411, 40C-3.502, 40C-3.517, 40C-3.521, 40D-3.502, 40D-3.521, 40E-3.411, 40E-3.502, 62-521.400, 62-555.312, 62-555.520, 62-701.300, 62-710.401, 62-713.600, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-762.421, 62-780.210, and 62-780.600.
EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-761, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following rules: 40C-3.411, 40C-3.502, 40C-3.521, 40D-3.502, 40D-3.521, 40E-3.411, 40E-3.502, 62-521.400, 62-555.312, 62-555.520, 62-701.300, 62-710.401, 62-713.600, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-762.421, 62-780.210, and 62-780.600. Amendments to Chapter 62-761, F.A.C., will have an impact to Rules 62-555.312 and 62-555.520, F.A.C. which need to be updated to reflect that Chapters 62-761 and 62-762, F.A.C., were separated into two rules effective June 21, 2004. Rule 40C-3.517 cites repealed rule 62-761.640, and should cite 62-761.600, F.A.C.

RULEMAKING AUTHORITY:

376.303

LAW:

376.30, 376.301, 376.303, 376.30716, 376.3073, 376.3077, 376.308, 376.309, 403.077, 403.091, 403.141, 403.161, 489.133

PRINT PUBLISH DATE:

3/29/2019 Vol. 45/62

COMMENTS:

From 3/29/2019 To 4/19/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-07649 Appendix A Secondary References Rule 62-761.210, F.A.C.
Ref-07654 DEP Form 62-761.900(2) Storage Tank Facility Registration Form
Ref-07656 DEP Form 62-761.900(5) Underground Storage System Installation and Removal Form for Certified Contractors
Ref-07658 DEP Form 62-761.900(7) Closure Integrity Evaluation Report Form for USTs
Ref-07659 DEP Form 62-761.900(8) Limited Closure Report Form for USTs
Ref-07660 DEP Form 62-761.900(9) Storage Tank Equipment Registration Form
Ref-07661 DEP Form 62-761.900(3) Financial Mechanisms for Storage Tanks
Ref-07662 Instructions for Conducting Sampling During Underground Storage Tank Closure
Ref-07664 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280

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