The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-702.300: Applicability
62-702.400: Ash Residue Management Plan
62-702.570: Ash Residue Storage and Disposal Requirements
62-702.600: Recycling of Ash Residue

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: Although the rule is authorized by Sections 403.704 and 403.7045, F.S., it is not mandated by statute and there will be no adverse consequences if it is repealed. The rule was created to provide clarification to the regulated public, but it is not necessary.

OTHER RULES INCORPORATING THIS RULE: Rule 62-701.200, subsection 62-701.310(1), paragraph 62-701.320(14)(c), F.A.C.

EFFECT ON THOSE OTHER RULES: Will require clerical amendment to delete reference.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed changes remove requirements and procedures for the managing of combustor ash residue. The current requirements are outdated, duplicative of requirements found in other Department rules, or are unnecessary. There are no costs associated with removing this section, and in some cases it may reduce costs. Thus, the proposed rules are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.704, 403.7045 FS.
LAW IMPLEMENTED: 403.7045 FS.

A HEARING WILL BE HELD BEFORE THE ENVIRONMENTAL REGULATION COMMISSION AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 8, 2011, 9:00 a.m.

PLACE: Tallahassee City Commission Chambers, Second Floor, City Hall, 300 S. Adams St., 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: Richard Tedder (contact information provided below). 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 RULES IS: Richard Tedder, Department of Environmental Protection, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone], or email at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-702.300 Applicability.

Rulemaking Specific Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Formerly 17-702.300, Repealed________.

 

62-702.400 Ash Residue Management Plan.

Rulemaking Specific Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Amended 9-2-91, Formerly 17-702.400, Repealed________.

 

62-702.570 Ash Residue Storage and Disposal Requirements.

Rulemaking Specific Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Formerly 17-702.570, Amended 12-23-96, Repealed________.

 

62-702.600 Recycling of Ash Residue.

Rulemaking Specific Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Formerly 17-702.600, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Tedder

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary, Florida Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2011