The purpose and effect of the proposed rule amendment (OGC 11-1085) 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:
62-204.240: Ambient Air Quality Standards
62-204.260: Prevention of Significant Deterioration Increments

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment (OGC 11-1085) 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: The purpose of the proposed rulemaking is to update Chapter 62-204, F.A.C., to remove obsolete provisions related to ambient air quality standards. The proposed changes will remove excess or redundant language to better align with Federal rule language.

OTHER RULES INCORPORATING THIS RULE: Subsection 62-296.602(3), F.A.C. references Rule 62-204.240, F.A.C.

EFFECT ON THOSE OTHER RULES: Subsection 62-296.602(3), F.A.C. will need to be changed in future rulemaking to correct the cross reference.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that repeal of these rules will not have an adverse impact on small business or likely increase 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.

This rulemaking will not require ratification by the Florida Legislature because the rules are being repealed to reduce unnecessary regulatory costs.

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: 403.061 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087 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: Kelly Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone [phone], 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 department will accept public comments on the proposed rulemaking, within a 21 day time period, beginning the day following publication of this notice (day one). Comments may be sent to Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399. Telephone [phone], E-mail: [e-mail].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, Telephone [phone], E-mail: [e-mail] or Kelly Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone [phone], E-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-204.240 Ambient Air Quality Standards

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Repealed_________.

 

62-204.260 Prevention of Significant Deterioration Maximum Allowable Increases (PSD Increments).

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 3-13-96, Amended 2-12-06, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Halpin, Director, Division of Air Resource Management

NAME OF PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary

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