The purpose and effect of the proposed rule amendment (OGC 11-1598) is to repeal rule requirements for permitting that are now rendered unnecessary by changes to federal requirements and which are unnecessarily burdensome.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-296.341: Regional Haze – Reasonable Progress Control Technology

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment (OGC 11-1598) is to repeal rule requirements for permitting that are now rendered unnecessary by changes to federal requirements and which are unnecessarily burdensome.

SUMMARY: The proposed rules to be repealed involve requirements for visibility protection that can be met without additional permitting actions by the department.

OTHER RULES INCORPORATING THIS RULE: None

EFFECT ON THOSE OTHER RULES: None

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that repeal of this rule 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 This rulemaking will not require ratification by the Florida Legislature because the rule is being repealed to reduce unnecessary regulatory costs.

RULEMAKING AUTHORITY: 403.061, 403.087 FS.
LAW IMPLEMENTED: 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: January 19, 2012, 9:00 a.m.

PLACE: Conference Room A, Marjory Stoneman Douglas Building, 3900 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: Marnie Brynes, 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 RULE 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]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-296.341 Regional Haze – Reasonable Progress Control Technology.

Rulemaking Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-7-08, 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 21, 2011