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:
62-346.091: Documents Incorporated by Reference.
62-346.900: Environmental Resource Permit Forms.
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: Repeal two rules in Chapter 62-346, F.A.C., Environmental Resource Permitting in Northwest Florida, that are not necessary. Rule 62-346.091, F.A.C., is helpful to the public in that it provides a consolidated list of documents that are incorporated by reference in other sections of Chapter 62-346, F.A.C. In accordance with Section 120.54, F.S., documents are incorporated by reference in the rule where they are first identified. Rule 62-346.091, F.A.C., does not directly incorporate any documents, therefore the listing of documents in this rule is not essential.
Rule 62-346.900, F.A.C., lists 17 forms that are incorporated by reference in other sections of Chapter 62-346, F.A.C., as a convenient way to identify for the public all the forms that are applicable to Chapter 62-346, F.A.C. However, for the same reason described above, this rule is unnecessary.
OTHER RULES INCORPORATING THIS RULE: There are no other rules or chapters that incorporate either of the rules in Chapter 62-346, F.A.C., proposed for repeal.
EFFECT ON THOSE OTHER RULES: Neither of these rules is incorporated by other rules or chapters and therefore, there will be no effect from these repeals.
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the information expressly relied upon and described herein: The rules are not required by statute and are being repealed to reduce unnecessary regulatory costs.
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: 373.026, 373.026(7), 373.043, 373.044, 373.046, 373.113, 373.118, 373.4145, 373.416, 373.418, 373.421, 403.805(1) FS.
LAW IMPLEMENTED: 373.019, 373.026, 373.042, 373.409, 373.0421, 373.043, 373.046, 373.109, 373.413, 373.117, 373.118, 373.403, 373.409, 373.413, 373.4132, 373.414, 373.141(9), 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.4211, 373.423, 373.426, 373.428, 373.429, 373.433, 373.436, 373.439, 380.06, 380.06(9), 403.0877, 403.813(1), 403.813(2) 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: January 11, 2012, 3:30 p.m., ET
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, Tallahassee, FL
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 5 days before the workshop/meeting by contacting: Mary VanTassel at [phone]. 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: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone], or e-mail: [e-mail]. (OGC No. 11-1067)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-346.091 Documents Incorporated by Reference.

Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.113, 373.4145, 373.416, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.026, 373.042, 373.409, 373.0421, 373.043, 373.046, 373.413, 373.4132, 373.141(9), 373.4142, 373.4145, 373.416, 373.418, 373.423, 373.426, 373.428, 373.433, 373.436, 373.439, 380.06(9), 403.813(1) FS. History–New 10-1-07, Amended 11-1-10, Repealed_________.

 

62-346.900 Environmental Resource Permit Forms.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.019, 373.026, 373.109, 373.117, 373.118, 373.403, 373.409, 373.413, 373.4132, 373.414, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.4211, 373.423, 373.426, 373.428, 373.429, 380.06, 403.0877, 403.813(2) FS. History–New 10-1-07, Amended 11-1-10, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011