Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-296.418: Bulk Gasoline Plants
62-296.509: Bulk Gasoline Plants
PURPOSE AND EFFECT: The proposed rule involves amendments to Chapter 62-296, F.A.C., to repeal the Reasonably Available Control Technology (RACT) requirements for bulk gasoline plants in seven counties and to create new control technology requirements for bulk gasoline plants statewide. This rulemaking is being conducted in conjunction with proposed amendments to Chapters 62-210 and 62-252, F.A.C., on the subject of gasoline vapor control.
SUMMARY: The proposed rule addresses control technology requirements for new bulk gasoline plants on a statewide basis.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, April 11, 2007, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Director’s Conference Room, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at (850)921-9551 If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Terri Long at terri.long@dep.state.fl.us, phone (850)921-9556

THE FULL TEXT OF THE PROPOSED RULE IS:

62-296.418 Bulk Gasoline Plants.

(1) The owner or operator of a bulk gasoline plant that has begun operation prior to August 1, 2007, is located in an area designated as a nonattainment area or air quality maintenance area for ozone under Rule 62-204.340, F.A.C., and has an average annual daily throughput of more than 2,000 gallons (7,570 liters) shall comply with the following requirements.

(a) Gasoline shall not be loaded into a stationary storage tank at the bulk gasoline plant unless the storage tank is equipped for submerged filling, and such equipment is used as designed.

(b) Gasoline shall not be loaded into a gasoline cargo tank at the bulk gasoline plant unless the gasoline cargo tank is equipped for submerged filling, and such equipment is used as designed.

(2) The owner or operator of a bulk gasoline plant that begins operation on or after August 1, 2007, at any location in the state and with any throughput rate shall comply with the following requirements.

(a) Gasoline shall not be loaded into a stationary storage tank at the bulk gasoline plant unless the storage tank is equipped for submerged filling, and such equipment is used as designed.

(b) Gasoline shall not be loaded into a gasoline cargo tank at the bulk gasoline plant unless:

1. The gasoline cargo tank is equipped for submerged filling, and such equipment is used as designed;

2. The loading rack is equipped with a vapor collection and control system designed to minimize emissions of vapors displaced from the gasoline cargo tank during product loading; and

3. The loading rack vapor collection and control system is designed and operated to prevent any vapors collected at the loading rack from passing to another loading rack.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New_________.

 

62-296.509 Bulk Gasoline Plants.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)9., 17-296.509, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Larry George
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Joseph Kahn
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 12, 2007