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:
62-4.060: Consultation
62-4.110: Financial Responsibility
62-4.150: Review
62-4.210: Construction Permits
62-4.220: Operation Permit for New Sources
62-4.240: Operation Permits for Water Pollution Sources
62-4.249: Preservation of Rights
62-4.250: Water Pollution Temporary Operation Permits; Conditions
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: The sections proposed for repeal are either advisory in nature, repeat statutory provisions, duplicate requirements found in other rules of the agency, or are based on statutory authority that no longer exists. They are unnecessary and in some cases could create uncertainty over applicability.
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is required, the information expressly relied upon and described herein: The proposed repeals remove unnecessary or outdated language. There are no costs associated with removing these sections, and in some cases costs may be reduced.
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: 403.021, 403.031, 403.061, 403.062, 403.088, 403.504, 403.704, 403.804, 403.805 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087, 403.088, 403.091, 403.101, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 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: December 10, 2011, beginning at 10:00 a.m.
PLACE: Department of Environmental Protection, 3900 Commonwealth Blvd., Conference Room A, 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 48 hours before the workshop/meeting by contacting: Chris McGuire, [phone], email [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: Chris McGuire, Department of Environmental Protection, MS 35, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000, telephone [phone], email [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-4.060 Consultation.

Rulemaking Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Amended 8-31-88, Formerly 17-4.060, Repealed________.

 

62-4.110 Financial Responsibility.

Rulemaking Specific Authority 403.061(7) FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Amended 8-7-73, Formerly 17-4.11, Amended 8-31-88, Formerly 17-4.110, Repealed________.

 

62-4.150 Review.

Rulemaking Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.15, Amended 8-31-88, Formerly 17-4.150, Repealed________.

 

62-4.210 Construction Permits.

Rulemaking Specific Authority 403.021, 403.031, 403.061, 403.088 F.S. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.21, Amended 8-31-88, Formerly 17-4.210, Repealed________.

 

62-4.220 Operation Permit for New Sources.

Rulemaking Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–Formerly 17-4.05, New 3-4-70, Revised 5-17-72, Formerly 17-4.22, Amended 8-31-88, Formerly 17-4.220, Repealed________.

 

62-4.240 Permits for Water Pollution Sources.

Rulemaking Specific Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088, 403.101 FS. History–New 5-17-72, Formerly 17-4.23, Amended 8-31-88. 10-4-89, Formerly 17-4.240, Repealed________.

 

62-4.249 Preservation of Rights.

Rulemaking Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.091, 403.101, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 3-1-79; Amended 8-31-88, Formerly 17-4.249, Repealed________.

 

62-4.250 Water Pollution Temporary Operation Permits; Conditions.

Rulemaking Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 043.061, 403.087, 403.088(5)(c) FS. History–New 5-17-72, Amended 3-26-74, Formerly 17-4.25, Amended 8-31-88, 10-4-89, Formerly 17-4.250, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris McGuire
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary, Florida Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011