26628263, 62-761.200 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26628263

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

UNDERGROUND STORAGE TANK SYSTEMS

Overview

RULE:

62-761.200	Definitions
62-761.210	Reference Guidelines
62-761.300	Applicability
62-761.400	Facility Registration
62-761.405	Notification
62-761.420	Financial Responsibility
62-761.500	Storage Tank System Requirements
62-761.600	Release Detection Requirements
62-761.700	Repairs, Operation and Maintenance
62-761.710	Recordkeeping
62-761.800	Out-of-Service and Closure Requirements
62-761.900	Storage Tank Forms

PURPOSE:

The Department proposes to add Rule 62-761.405, F.A.C., to the Notice of Rule Development published on December 22, 2021, in order to update the Discharge Report Form. This rule development amends Chapter 62-761, F.A.C., Underground Storage Tank Systems, by revising language in several rules for clarification, updating reference guidelines to the newest editions, synchronizing release detection requirements with the federal requirements for emergency generator owners and operators, updating the financial responsibility and discharge form, and adding visual inspections to the out-of-service requirements to help maintain those storage tank systems while out-of-service.

SUBJECT:

This Notice of Rule Development incorporates Rule 62-761.405, F.A.C., into the rule development that was originally published on December 22, 2021. A rule development workshop was held on January 26, 2022. The proposed rule revisions include clarifying the definition of day tank, updating reference guidelines to their current editions, and clarifying the explanation of day tank exemption in Applicability. In the Registration rule, defining account owner and specifying requirements for new account owners. Regarding 62-761.405, F.A.C., Notification, the Division of Waste Management is now updating the date and link where the Discharge Report Form is incorporated in that rule. The Discharge Report Form was previously submitted in the Notice of Rule Development published on December 22, 2021. In the Financial Responsibility rule, updating the form dates and links. Additionally, updating reference guideline editions and clarifying overfill device and test result requirements under Storage Tank System Requirements. Under release detection, providing emergency generator owners with an additional option for release detection in line with the federal requirements and a reminder for recordkeeping requirements for testing. In Repairs, Operation and Maintenance rule, updating reference guideline editions and specifying systems shall be maintained while out-of-service. In recordkeeping, updating recordkeeping requirements which correspond with other sections. In the out-of-service subsection, updating reference guideline editions and adding an annual requirement to perform visual inspections on out-of-service storage tank systems. In the Forms rule, updating the financial responsibility form and correcting the Discharge Report Form.

RULEMAKING AUTHORITY:

376.303, FS.

LAW:

376.30, 376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 403.077, 403.091, 403.141, 403.161, 489.133, FS.

PRINT PUBLISH DATE:

12/16/2022 Vol. 48/243

RELATED STATUTES
AND LAWS:

376.303, FS., 376.30, 376.301, 376.303, 376.30716, 376.3077, 376.308, 376.309, 403.077, 403.091, 403.141, 403.161, 489.133, FS.

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=62-761.200&PDate=12/16/2022&Section=1

REFERENCE MATERIALS:

No reference(s).

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