Since the recent legislative session ended, Florida’s Department of Environmental Protection has stepped up its rulemaking activity. With regard to its waste program, there are two major rule development efforts underway.
1. Aboveground storage tanks
The Tanks Advisory Group continues to meet on the DEP’s aboveground storage tank rule (the latest workshop was held on June 15-16).
A draft of the most recent rule is available on the DEP website and comments are being accepted on the rule until July 13.
Rule workshops on Chapter 62-762 are forthcoming, and the DEP hopes to have the final rule adopted in the spring of 2016.
This rulemaking effort is a major rewrite of the rule and all entities with aboveground storage tanks should be aware of the proposed changes, including, but not limited to, regulated industry, gas station owners, and businesses with generator tanks of 550 gallons or more.
2. Cleanup rules
The DEP also opened up for revision its Contaminated Site Cleanup Criteria Rule, Chapter 62-780, and its Contaminant Cleanup Target Level Rule, Chapter 62-777.
An introductory workshop was held on June 30 in Tallahassee. A copy of the draft rule for 62-780, along with additional materials from the workshop, is available on the DEP’s waste home page.
Changes are being made to update cleanup criteria and incorporate some of the more recent cleanup techniques and approaches being utilized since the last revisions to the rule.
Revisions are also being made related to institutional and engineering controls commonly used in cleanup.
The DEP has scheduled a meeting of its Contaminated Media Forum for July 22, where it is expected that technical issues relating to the rule changes, with a focus on revisions to 62-777, will be discussed. Comments on the draft rules are due on August 21 and the DEP plans on holding its next workshop on the rules in the fall of 2015.
Brownfields program
Finally, there is good news on the legislative front for the DEP’s popular Brownfields program utilized during the redevelopment of contaminated properties.
The program has been so successful that program participants have been waiting several years to receive voluntary cleanup tax credits.
The $21.6 million in voluntary cleanup tax credits funding was allocated by the legislature this past session, eliminating the backlog and allowing the DEP to begin issuing tax credits to parties who have been approved under the program.
If you have a property you would like to redevelop, this is a great time to explore the incentives available under the Brownfields program.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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