Notice of Proposed Rule

SPACE FLORIDA
RULE NO: RULE TITLE
57-40.001: Scope
57-40.002: General Requirements
57-40.003: Hazardous Material Selection
57-40.004: Hazardous Material Test Requirements
57-40.005: Hazardous Materials Storage and Handling
PURPOSE AND EFFECT: To promulgate new rules regarding hazardous materials at Space Florida.
SUMMARY: To promulgate new rules regarding hazardous materials at Space Florida.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS.
LAW IMPLEMENTED: 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deb Spicer, (321)730-5301, x-243. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deb Spicer, (321)730-5301, x-243

THE FULL TEXT OF THE PROPOSED RULE IS:

57-40.001 Scope.

These rules apply to all persons, companies and organizations conducting or performing space launch, pre-launch or satellite processing, and rocket motor or aerospace related hazardous materials use, storage, and transportation activities commercially within the jurisdiction of Space Florida with the following exceptions:

(1) These rules shall not apply to the transportation of aerospace related explosives when under the jurisdiction of and in compliance with the regulations of the United States Department of Transportation, 49 C.F.R., Parts 177-379, incorporated by reference herein.

(2) These rules shall not apply to the regular Armed Forces of the United States, or to any duly organized military force of any state or territory thereof.

(3) These rules shall not apply to the transportation and use, in the normal and emergency operations, of federal agencies such as the Federal Bureau of Investigation or the Secret Service.

Specific Authority 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. History–New_______.

 

57-40.002 General Requirements.

(1) No person shall store, handle or transport aerospace related hazardous materials when such storage, handling, and transportation constitutes a hazard to life or property.

(2) Quantities of hazardous materials handled at any location within the state and within the jurisdiction of Space Florida shall be restricted by the Safety Officer of Space Florida.

Specific Authority 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. History–New________.

 

57-40.003 Hazardous Material Selection.

The selection of hazardous materials shall be based on flammability and combustibility, toxicity and compatibility.

(1) The least flammable liquid or material shall be used where feasible.

(2) The least toxic liquid or material shall be used where feasible.

(3) Materials that do not give off a toxic gas if ignited shall be used where feasible.

(4) Hazardous materials, including leakage, shall not come into contact with a non-compatible material that can cause a hazard during ground operations. The Safety Officer will provide oversight of the usage and disposal of hazardous materials, but day-to-day operations will be the responsibility of the Operator. An “Operator” for purposes of Chapter 57, F.S., shall mean any tenant, contractor, subcontractor or employee utilizing Space Florida facilities. The Safety Officer shall give an Operator thirty (30) days to correct any hazards, unless it is determined to be an immediate hazard, in which case the Operator must act immediately to mitigate the hazard.

(5) Hazardous materials shall not retain a charge that presents an ignition source to ordnance or propellants or a hazard to personnel during ground operations. The Safety Officer will provide oversight of the usage and disposal of hazardous materials, but day-to-day operations will be the responsibility of the Operator.

Specific Authority 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. History–New________.

 

57-40.004 Hazardous Material Test Requirements.

(1) If the physical properties of the material or liquid are unknown, standard testing conducted by a laboratory certified by the National Institute of Standards and Technology shall be performed to determine the hazard. If the material or liquid is found to be hazardous, it shall be handled and controlled as a hazardous material.

(2) Safety documentation shall include a listing of all hazardous materials and liquids on space flight hardware and ground processing equipment or is used during ground operations.

Specific Authority 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. History–New________.

 

57-40.005 Hazardous Materials Storage and Handling.

Equipment for handling and/or storing of hazardous materials and chemicals shall be designed by qualified engineers using industry standards to prevent hazardous chemicals from spilling or leaking, and, thereby, injuring personnel, damaging property, or contaminating the environment.

Specific Authority 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. Law Implemented 331.310(1)(j), (2)(a), (d), 331.305(18), 331.350(3) FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Desiree Mayfield, (321)730-5301, x237
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Steven Kohler
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 25, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 29, 2008