13768682, 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: 13768682

Notice of Proposed Rule

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 to undergo training and certification. Provides department the ability prohibit delivery of regulated substances to a non-compliant facility.

SUMMARY:

The Energy Policy Act of 2005 (EPAct) which amended the Solid Waste Disposal Act by adding section 9012, provided the US EPA with the authority to prohibit deliveries of regulated substances to federally regulated Underground Storage Tanks (UST) and require UST operator training. Because FDEP does not have an EPA approved UST program, EPA may choose to enforce any of the federal UST laws, including, violations of the EPAct delivery prohibition and operator training requirements, upon Florida UST owners and operators that would be regulated under the federal program. EPA has indicated it would not pursue enforcement against Florida UST facilities if FDEP met the EPAct requirements and enforced them. On April 10, 2013, EPA notified FDEP that it did not consider FDEP’s existing practices regarding these provisions as complying with the EPAct and, consequently, EPA would not continue to provide FDEP with certain UST grant funding. In order to continue to receive this funding, on May 10, 2013, FDEP committed to EPA to adopting rules to implement these provisions.
OTHER RULES INCORPORATING THIS RULE: These are new rules, therefore no other rule reference these rules.
EFECT ON THOSE OTHER RULES: None.

RULEMAKING AUTHORITY:

376.303(1)(a)

LAW:

376.303, 376.323, 376.3077, 376.309

PRINT PUBLISH DATE:

3/14/2014 Vol. 40/51

COMMENTS:

From 3/14/2014 To 4/4/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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