The purpose and effect of the proposed rule amendment (OGC 11-1084) 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:
62-204.100: Purpose and Scope
62-204.200: Definitions
62-204.220: Ambient Air Quality Protection
62-204.320: Procedures for Designation and Redesignation of Areas
62-204.360: Designation of Prevention of Significant Deterioration Areas
62-204.400: Public Notice and Hearing Requirements for State Implementation Plan Revisions

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment (OGC 11-1084) 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 protection and area designations. Additionally, all definitions in Rule 62-204.200, F.A.C., are currently found in Chapter 62-210.200, or are being added or revised at 62-210.200 in the pending PM2.5 rulemaking, thereby rendering this rule unnecessary.

OTHER RULES INCORPORATING THIS RULE: Rule 62-296.602, F.A.C., incorrectly references subsection 62-204.220(2), F.A.C.

EFFECT ON THOSE OTHER RULES: The effect of the repeal will be as intended.

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.

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 This rulemaking will not require ratification by the Florida Legislature because the rules are being repealed to reduce unnecessary regulatory costs.

RULEMAKING AUTHORITY: 403.061, 403.8055 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087, 403.8055 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 5, 2012, 9:00 a.m.

PLACE: Department of Environmental Protection, Carr Building, Room 170, 3800 Commonwealth Blvd., 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, 2600 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, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400, Telephone [phone], E-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-204.100 Purpose and Scope.

Rulemaking Specific Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 3-13-96, Repealed________.

 

62-204.200 Definitions.

Rulemaking Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 3-13-96, 2-12-06, 10-6-08, Repealed________.

 

62-204.220 Ambient Air Quality Protection.

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

 

62-204.320 Procedures for Designation and Redesignation of Areas.

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

 

62-204.360 Designation of Prevention of Significant Deterioration Areas.

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

 

62-204.400 Public Notice and Hearing Requirements for State Implementation Plan Revisions.

Rulemaking Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 10-6-08, 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: November 9, 2011