13396396, 62-780.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13396396

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

CONTAMINATED SITE CLEANUP CRITERIA

Overview

RULE:

62-780.100	Referenced Guidelines and Information Sources
62-780.600	Site Assessment
62-780.650	Risk Assessment
62-780.680	No Further Action and No Further Action with Controls

PURPOSE:

Changes to Chapter 62-780, F.A.C., Contaminated Site Cleanup Criteria, to provide clarification on applicability of Referenced Guidelines, provide a list of references for toxicity and exposure information, clarify requirements for probabilistic risk assessments and to provide criteria for risk-based closure without institutional controls.

SUMMARY:

The proposed changes to Chapter 62-780, F.A.C., clarify specific rules pertaining to derivation of alternative cleanup target levels and the use of probabilistic risk assessments.
The first proposed revision to rule 62-780.650, F.A.C., is the addition of a list of sources of information that can be used as references for the latest science with regard to toxicity or exposure factors.  This expanded list of references will enable the use of the most current information in calculating alternative cleanup target levels and in making risk management decisions.
A second proposed revision to rule 62-780.650, F.A.C., provides clarification to an existing rule provision regarding the use of probabilistic risk assessments (PRAs).  The proposed language clearly identifies the appropriate components of a PRA and the level and detail of supporting information.
A third proposed revision is to rule 62-780.680, F.A.C., to provide for risk-based site closure without institutional or engineering controls upon demonstration that such controls are not necessary based upon scientific studies or reports relating to a contaminant’s toxicity or carcinogenicity or based upon non-site-specific exposure factors.  Previously, the rule required institutional controls in all cases where contamination above the default cleanup target levels was being left on site.  This revised provision provides regulatory relief from that requirement.
A fourth, technical amendment to rule 62-780.100 clarifies that the Referenced Guidelines in the Chapter are for informational purposes only and are not enforceable.  One of the referenced guidelines, the Institutional Controls Procedures Guidance, has been updated.
OTHER RULES INCORPORATING THIS RULE: 62-730.210, 62-730.225, 62-701.510, 62-777.150, 62-777.170, 62-780.150, 62-780.200, 62-780.210, 62-780.220, 62-780.450, 62-780.500, 62-780.550, 62-780.560, 62-780.610, 62-780.690, 62-780.700, 62-780.750 and 62-780.900, F.A.C.
EFFECT ON THOSE OTHER RULES: The amendments to 62-780.100, .600, .650 and .680, F.A.C., will not have any effect on those rules cited above.

RULEMAKING AUTHORITY:

376.303, 376.30701, , 376.3071, 376.3078(4), , 376.81, 403.061, and 403.0877

LAW:

376.30701, 376.3071, 376.3078(4), 376.81, 403.021, 403.061, 403.062, and 403.0877

PRINT PUBLISH DATE:

9/13/2013 Vol. 39/179

COMMENTS:

From 9/13/2013 To 10/4/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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