13766451, 62-761.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13766451

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

UNDERGROUND STORAGE TANK SYSTEMS

Overview

RULE:

62-761.100	Intent
62-761.200	Definitions
62-761.210	Reference Guidelines
62-761.300	Applicability
62-761.350	Operator Training and Certification
62-761.400	Facility Registration
62-761.405	Notification
62-761.420	Financial Responsibility
62-761.430	Incidents
62-761.440	Discharges
62-761.450	Notification and Reporting (Repealed)
62-761.500	Storage Tank System Requirements
62-761.510	Performance Standards for Category-A and Category-B Storage Tank Systems (Repealed)
62-761.600	Release Detection Requirements
62-761.610	Release Detection Methods (Repealed)
62-761.640	Performance Standards for Release Detection Methods (Repealed)
62-761.700	Repairs, Operation and Maintenance
62-761.710	Recordkeeping
62-761.800	Out-of-Service and Closure Requirements
62-761.820	Incident and Discharge Response (Repealed)
62-761.850	Alternative Procedures, Equipment Registration and Registration of Operator Training Providers
62-761.900	Storage Tank Forms

PURPOSE:

Revising the Underground Storage Tank Systems rules for clarity, revising references and removing language that is no longer applicable.

SUBJECT:

In the “Definition” section, the revisions remove definition terms that are in the statute or no longer used in rule and added certain terms for clarity. Clarifying title “Reference Standards” to “Reference Requirements,” and internet web addresses were added for those technical requirements providing digital access to industry.  These technical requirements to be incorporated by reference have been updated to conform to revisions published and adopted by the American Society of Mechanical Engineers, Petroleum Equipment Institute, National Fire Protection Association, National Institute of Standards and Technology and the National Work Group on Leak Detection. In the “Applicability” section, revisions remove terms and text that are redundant or not applicable to the regulation and clarify text that may conflict with other regulations found in 62-780, F.A.C.  This section further clarifies rule language by defining “small quantities” of regulated substances under exemptions and expands the pipeline definition, reducing department regulatory oversight of that industry sector. Additionally, this proposed revision adds exemptions for storage tank systems that contain a regulated substance at low concentration. In the “Registration” section, registration requirements are clarified and provide detail about valid registration placards.  The Financial Responsibility subsection is proposed to be relocated into a stand-alone Rule 62-761.420, F.A.C. The “Notification” section creates a complete list for when the Department is noticed and eliminates the term “reporting.” “Incidents” and “Discharges” are separated for clarity and extend time for the tank owner to conduct an initial incident investigation, thereby expanding time for notification to the department for unresolved incidents. Language is revised to define types of discharges and broadens discharge response to coordinate with language and tables in Chapter 62-780, F.A.C. The proposed revisions for “Release Detection” combines two subsections into one rule, thereby creating a comprehensive list for release detection requirements for clarity.  It also clarifies the topic of integrity testing under operation and maintenance, including a schedule for containment and integrity testing. The proposed revision eliminates confusing or outdated language in the “Recordkeeping” section. The number of years to retain records is increased from two to five years allowing the department to move from an annual inspection to a triennial inspection cycle.  This would reduce department regulatory oversight of industry while maintaining federal inspection requirements.  “Alternative Requirements and Equipment Registration” is proposed to be revised from an approval process (type of permitting) to a simpler registration process. This would reduce department regulatory burden on industry without lowering environmental standards or safeguards.

RULEMAKING AUTHORITY:

376.303

LAW:

376.302; 376.303; 376.305; 376.3072; 376.3077; 376.309; 376.322

PRINT PUBLISH DATE:

11/19/2013 Vol. 39/225

RELATED STATUTES
AND LAWS:

376.303, 376.302; 376.303; 376.305; 376.3072; 376.3077; 376.309; 376.322

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=62-761.100&PDate=11/19/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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