The Department proposes to correct inconsistencies not related to new regulatory costs, to incorporate required forms by reference, and to update obsolete organizational references.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Resource Management

RULE NO.: RULE TITLE:
62C-25.001: Introduction
62C-25.002: Definitions
62C-25.006: Permits
62C-25.0075: Enforcement Actions
62C-25.008: Forms
PURPOSE AND EFFECT: The Department proposes to correct inconsistencies not related to new regulatory costs, to incorporate required forms by reference, and to update obsolete organizational references.
SUMMARY: The Department received comments from the Joint Administrative Procedures Committee requiring the Department to make updates and corrections to the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed changes remove obsolete organizational references and properly incorporate forms by reference. These amendments are organizational in nature do not impose a new regulatory cost.
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.
RULEMAKING AUTHORITY: 377.22 FS.
LAW IMPLEMENTED: 377.04, 377.19, 377.21, 377.22, 377.22(2), 377.24, 377.34, 377.35, 377.36 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:
DATE AND TIME: February 18, 2013, 9:00 a.m.
PLACE: Oil & Gas Program, Dept. of Environmental Protection
Room 124A, Collins Building, 2051 East Paul Dirac Drive, Tallahassee, FL 32310
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 7 days before the workshop/meeting by contacting: Garrett, Administrator, Oil & Gas Section, Bureau of Mining and Minerals Regulation, Call: [phone] ext. 12; E-mail: [e-mail]. 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: Ed Garrett, Administrator, Oil & Gas Section, Bureau of Mining and Minerals Regulation, Call: [phone] ext. 12; E-mail: [e-mail]. For information regarding mailings, schedules, and copies of notices, contact Marjane Monahan at [phone] or e-mail: [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

62C-25.001 Introduction.

(1) through (4) No change.

(5) The Department shall authorize amendments to permits when site specific circumstances make the permit conditions ineffective or counterproductive or when a more effective method or technology has been developed. In such cases operators may orally apply to the Department’s agent for technical amendments to permits by discussing the problems and proposed alternatives with the agent. The agent shall grant the request if the proposed amendments afford equal protection and shall document such amendments on well inspection reports. If the agent cannot make a determination as to the effectiveness of the proposal, then the operator, at its discretion, may either drop the request or seek written authorization from the Department for a Chief, who shall then make the determination. Requests for amendments may be oral or written but the Department’s response shall be confirmed in writing.

(6) No change.

Rulemaking Specific Authority 377.22 FS. Law Implemented 377.04, 377.21 FS. History–New 11-26-81, Formerly 16C-25.01, Amended 5-12-93, Formerly 16C-25.001, Amended 3-24-96,                    .

 

62C-25.002 Definitions.

(1) ADMINISTRATOR (OIL AND GAS ADMINISTRATOR) shall mean the Department’s Oil and Gas Regulatory Program Administrator State Geologist and Chief of the Florida Geological Survey.

(2) through (6) No change.

(7) BUREAU (SURVEY) shall mean the Bureau of Geology (Florida Geological Survey) of the Division of Administrative and Technical Services of the Department of Environmental Protection.

(8) through (9) renumbered (7) through (8)

(10) CHIEF shall mean the Chief of the Bureau of Geology.

(11) through (20) renumbered (9) through (18)

(21) DIVISION shall mean the Division of Administrative and Technical Services of the Department of Environmental Protection.

(22) DIVISION DIRECTOR shall mean the Director of the Division of Administrative and Technical Services.

(23) through (33) renumbered (19) through (29)

(34) MAJOR VIOLATION shall mean any violation of these rules or permit conditions which could immediately jeopardize public health and safety, the environment, or the correlative rights of mineral owners, lessors, or lessees.

(35) MINOR VIOLATION shall mean any violation of these rules or permit conditions not defined as major.

(36) through (39) renumbered (30) through (33)

(34) OPERATE shall mean to develop a lease and/or drilling or producing well, produce or transport produced fluids from a lease, dispose of saltwater via a Class II well, or inject fluids for pressure maintenance.

(40) through (66) renumbered (35) through (61).

Rulemaking Specific Authority 377.22 FS. Law Implemented 377.19, 377.22(2) FS. History–New 11-26-81, Amended 4-12-83, 8-1-83, Formerly 16C-25.02, Amended 6-4-89, 5-12-93, Formerly 16C-25.002, Amended 3-24-96,                    .

 

62C-25.006 Permits.

Each person who conducts geophysical surveys (unless exempted by Rule 62C-26.007, F.A.C.), drills an oil or gas related well (Rule 62C-26.003, F.A.C.), or operates an oil or gas related well (a: produces or transports produced fluids from lease, b: disposes of saltwater via a Class II well, or c: injects fluids for pressure maintenance (Rule 62C-26.008, F.A.C.), shall first obtain a permit from the Department. Each of these activities requires a separate permit.

(1) No change.

(2) Operating Permits (Form 14) are required for each well not plugged and abandoned and, so long as the operator complies with all permit conditions, shall be valid for the life of the well. However, every five years from the date of the permit, the Department shall perform a comprehensive field inspection and file review for each such well and operating permit to verify full compliance. Operating permits are written to authorize operators to use wells for their intended purpose and should be obtained during the testing phase.

(3) No change.

(4) Copies of permit application forms may be obtained by contacting the Department of Environmental Protection, Oil and Gas Regulatory Program, http://www.dep.state.fl.us/water/mines/oil_gas/forms.htm. Permit application forms shall be filed as required below:

(a) All persons seeking a permit to drill an oil or gas related well shall apply on DEP 51-003(16), Application for Permit to Drill, Form 3, effective date           , hereby incorporated by reference.

(b) All persons seeking a permit to conduct geophysical operations shall apply on DEP 51-030(16), Application for Permit to Perform Geophysical Exploration, Form 4, effective date         , hereby incorporated by reference  and must meet all of the requirements for geophysical operators as specified in Rule 62C-26.007, F.A.C.

(c) Each well owner or operator intending to retain any new well as an oil and gas production well or service well, shall apply at least 60 days prior to drilling permit expiration for an operating permit on DEP 51-010(16), Application For Permit to Operate Well, Form 14, effective date           , hereby incorporated by reference.

(5) The Department of Environmental Protection, Oil and Gas Regulatory Program, prefers electronic submittal of permit application materials.

Rulemaking Specific Authority 377.22 FS. Law Implemented 377.24 FS. History–New 11-26-81, Amended 8-1-83, Formerly 16C-25.06, Amended 6-4-89, 5-12-93, Formerly 16C-25.006, Amended                    .

 

62C-25.0075 Enforcement Actions.

The Department will implement provisions of Section 377.34, F.S., to enjoin and seek penalties for violations of Chapter 377, F.S.

(1) The Department shall begin enforcement action immediately upon finding an operator in violation of these rules or respective permit conditions.

(a) When the Department finds a minor violation, its agent shall present the operator with a written warning and direct the operator to correct the violation within two weeks. When the operator allows the situation to persist for more than two weeks without correcting the violation or responding to the Department in writing with a specific plan to correct the violation, the Department’s agent shall write a citation detailing the nature of the infraction, citing the rule or permit condition violated, specifying what corrective action has been taken, if any, up to the date of the written citation, and what further corrective action is necessary by a date certain. The agent shall forward a copy of the citation to the Chief, Bureau of Geology for enforcement. If within two weeks of receipt of the citation the Chief has not received a written response from the operator with a specific plan to correct the violation, the Chief shall order the well shut in while pursuing corrective action and may seek penalties pursuant to Section 377.34, F.S.

(b) Upon determination by the Department’s agent that a major violation has occurred or is in progress, the Department shall immediately notify and advise the operator of what must be done at once to begin to bring operations into compliance. Furthermore, the Department shall, by certified mail, cite the operator for the violation and shall advise him/her of what must be done, by a date certain, to bring operations into compliance with these rules and the respective permit. For major infractions, should the operator fail to comply by the specified date, the Department shall revoke the permit, order the well shut in or plugged and abandoned, or order corrective action at the time it issues the citation.

(c) In addition to orders for corrective action, permit revocation, well shut in, and permanent plugging and abandonment, the Department may also seek, pursuant to Sections 370.021 and 377.37, F.S., civil penalties of up to $10,000 per day per violation.

(2) For purposes of these rules, major violations are those which immediately threaten public health or safety, the environment, or the correlative rights of mineral owners, lessors, or lessees. Minor violations are those not defined as major.

Rulemaking Specific Authority 377.22 FS. Law Implemented 377.21, 377.34, 377.35, 377.36, 377.37 FS. History–New 8-1-83, Formerly 16C-25.075, Amended 6-4-89, 5-12-93, Formerly 16C-25.0075, Amended 3-24-96,                    .

 

62C-25.008 Forms.

Rulemaking Specific Authority 377.22 FS. Law Implemented 377.21, 377.22 FS. History–New 11-26-81, Amended 4-12-83, Formerly 16C-25.08, Amended 6-4-89, 5-12-93, Formerly 16C-25.008, Amended 3-24-96, Repealed                    .

NAME OF PERSON ORIGINATING PROPOSED RULE: Ed Garrett, Administrator, Oil & Gas Section, Bureau of Mining and Minerals Regulation, Call: [phone] ext. 12; E-mail: [e-mail].
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 21, 2011