13051270, 62-761.350 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13051270

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

UNDERGROUND STORAGE TANK SYSTEMS

Overview

RULE:

62-761.350	Operator Training and Certification
62-761.400	Facility Registration

PURPOSE:

Requires owners and operators of Underground Storage Tanks (UST) to undergo training and certification. Provides department the ability prohibit delivery of pollutants to a non-compliant facility.

SUBJECT:

Federal Energy Policy Act requires the state adopt regulations for Operator Training for USTs and Delivery Prohibition. Training requirements for operators of USTs are broken into three categories: persons having primary responsibility for on-site operation and maintenance of UST systems, persons having daily on-site operation and maintenance of UST systems and daily on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an UST system.
Additionally, federal law requires the state to issue guidelines to implement delivery prohibition for facilities that: do not have secondary containment, do not have a method of release detection, do not have adequate corrosion protection in an internally lined tank, have a single-walled tank that was taken out-of-service and not closed within a certain period of time depending upon the level of corrosion protection, have an unmaintained storage tank system which has been out-of-service for more than two years of it being out-of-service or ten years if the system is secondarily contained, or have caused a discharge and the system cannot be repaired.

RULEMAKING AUTHORITY:

376.303(1)(a)

LAW:

376.303, 376.3077

PRINT PUBLISH DATE:

6/25/2013 Vol. 39/123

RELATED STATUTES
AND LAWS:

376.303(1)(a), 376.303, 376.3077

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://flrules.org/gateway/ruleno.asp?id=62-761.350&PDate=6/25/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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