Dear Secretary Steverson ,

I am writing you today on behalf of the National Utility Contractors Association of Florida ( NUCA of Florida ) to express concerns with the Proposed Rule 62- 4.161 , F . A . C ., Public Notice of Pollution , which was released Friday afternoon , November 4 , 2016 . NUCA of Florida is a nonprofit trade association , representing more than 350 underground utility contractors , material and equipment suppliers , and manufacturers throughout Florida . Our members

are involved in water , sewer , gas and telephone installations achieved through open excavation or trenchless technology . Although NUCA of Florida believes the intent of rule- -to expand transparency in discharges that may impact our air , land and groundwater-- is a laudable goal , we believe the current draft rule as proposed presents some regulatory and procedural hurdles for the regulated community , including the underground utility contractors and the construction industry as a whole .

Some of our specific concerns with the rule centers on the issue of “ reportable releases ” and the associated quantity as the rule as presented is unclear as to whether one gallon , a few gallons or a few hundred gallons of a potential contaminate qualifies as a “ reportable ” action . Should the factors such as the concentration of the pollution , the ambient conditions or geological influence be considered ? Likewise , is the reporting required under the provisions of the rule meant to duplicate ,