26972516, 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: 26972516

Notice of Proposed Rule

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:

In 2017 and 2019, the Department of Environmental Protection (DEP) updated Chapter 62-761, F.A.C., to be consistent with the updated 2015 federal requirements in 40 CFR Part 280 for underground storage tank systems. The proposed revisions will clarify and update regulatory language not previously revised and provide a new requirement to perform annual visual inspection of out-of-service storage tanks systems.

SUMMARY:

The proposed revisions will clarify and update the rule requirements for registration, revise out-of-service requirements to include annual visual inspections for storage tank systems, update reference guidelines to the newest editions, and provide additional release detection options for emergency generator owners and operators, allowing these systems to be aligned with EPA’s release detection requirements and provide a correction for the Discharge Report Form and clarifications for the Financial Mechanisms for Storage Tanks form parts.
OTHER RULES INCORPORATING THIS RULE: 40C-3.411, 40C-3.502, 40C-3.517, 40C-3.521, 40D-3.502, 40D-3.521, 40E-3.411, 40E-3.502, 62-521.400, 62-555.312, 62-555.520, 62-701.300, 62-710.401, 62-713.600, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-762.421, 62-780.210, and 62-780.600.
EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-761, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following rules: 40C-3.411, 40C-3.502, 40C-3.521, 40D-3.502, 40D-3.521, 40E-3.411, 40E-3.502, 62-521.400, 62-555.312, 62-555.520, 62-701.300, 62-710.401, 62-713.600, 62-740.030, 62-740.100, 62-740.200, 62-740.300, 62-762.421, 62-780.210, and 62-780.600. Rules 62-555.312(3) and 62-555.520(4)(a)6.j., F.A.C. need to be updated to reflect that Chapters 62-761 and 62-762, F.A.C., were separated into two Chapters effective June 21, 2004. Rule 40C-3.517 cites repealed rule 62-761.640, and should cite 62-761.600, F.A.C.

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:

3/28/2023 Vol. 49/60

COMMENTS:

From 3/28/2023 To 4/18/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-07649 Appendix A Secondary References Rule 62-761.210, F.A.C.
Ref-07652 DEP Form 62-761.900(1) Discharge Report Form
Ref-07657 DEP Form 62-761.900(6) Incident Notification Form
Ref-07664 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280
Ref-10736 DEP Form 62-761.900(2) Storage Tank Facility Registration Form
Ref-10740 DEP Form 62-761.900(8) Limited Closure Report Form for USTs
Ref-10946 Appendix A - Secondary Reference Guidelines Chapter 62-761
Ref-11120 DEP Form 62-761.900(3) Financial Mechanisms for Storage Tanks

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