5319303, 62-730.171 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5319303

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

HAZARDOUS WASTE

Overview

RULE:

62-730.171	Transfer Facilities
62-730.182	Criteria to Determine Whether Changes Constitute a "Substantial Modification" at Certain Existing Hazardous Waste Facilities That Are Otherwise Exempt From Statutory Location Standards
62-730.900	Forms

PURPOSE:

The rulemaking will fulfill a statutory requirement that the Department of Environmental Protection (DEP) adopt criteria to determine whether any proposed change at certain hazardous waste facilities constitutes a “substantial modification.” Section 403.7211, F.S., establishes specific siting requirements for permitted hazardous waste facilities that manage hazardous waste generated offsite, including federal facilities with hazardous waste permits. DEP is prohibited from issuing a permit for the substantial modification of such facility unless the siting requirements are met. The statute defines substantial modification as “any physical change in, change in the operations of, or addition to a facility which could increase the potential offsite impact, or risk of impact, from a release at that facility; and any change in permit conditions which is reasonably expected to lead to greater potential impacts or risks of impacts, from a release at that facility,” and directs DEP to adopt criteria, by rule, to determine whether a facility has been substantially modified.

SUBJECT:

This rule will establish criteria to determine whether a physical change in, change in the operation of, or addition to, a transfer facility or a hazardous waste treatment, storage, and disposal facility which receives waste generated off-site, including federal facilities, could increase the potential offsite impact, or risk of impact, from a release at that facility.

RULEMAKING AUTHORITY:

403.7211 FS.

LAW:

403.7211 FS.

PRINT PUBLISH DATE:

3/21/2008 Vol. 34/12

RELATED STATUTES
AND LAWS:

403.7211 FS., 403.7211 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=62-730.171&PDate=3/21/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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