The purpose and effect of the proposed rule amendment is to repeal a rule identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-528.100 Underground Injection Control: Purpose

62-528.305Underground Injection Control: Permit Processing

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal a rule identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: Rule 62-528.100, F.A.C., provides the purpose of Chapter 62-528, F.A.C., to adopt rules that govern the construction and operation of injection wells to protect the quality of the State’s underground sources of drinking water and to prevent degradation of the quality of other aquifers adjacent to the injection zone that may be used for other purposes. Rule 62-528.305, F.A.C., specifies that the timeframes in Rule 62-4.055 apply to Underground Injection Control Permitting. Rule 62-528.100, F.A.C., is being repealed because it is unnecessary to administer the program, are not essential to meet the statutory mandate, and duplicative. Rule 62-528.305, F.A.C., is being repealed because it is duplicative of statute as the permitting process timeframes are provided by statute. Rule 62-528.100, F.A.C., is cross referenced in Rules 62-528.200, 62-528.300, 62-528.400, 62-528.405, 62-528.410, 62-528.435, 62-528.440, 62-528.450, 62-528.455, 62-528.530, 62-528.540, 62-528.603, 62-528.605, 62-528.615, and 62-528.630, F.A.C. The effect of this repeal will not impact those rule sections as Rule 62-528.100, F.A.C. is informational. The cross-referencing rule sections will have to be amended to remove the references to 62-528.100, F.A.C.

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: repeal of these rules will not have an adverse impact or increase regulatory costs on any entity.

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: 373.309, 403.061, 403.087, 403.704, and 403.721 FS.

LAW IMPLEMENTED: 373.308, 403.021, 403.061, 403.062, 403.087, 403.0876, 403.702, and 403.721 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Haberfeld, 2600 Blairstone Rd., MS 3530, Tallahassee, FL, 32399-2400, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-528.100 Underground Injection Control: Purpose.

Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.11, 17-28.011, 62-28.011, Amended 8-10-95, 6-24-97, Repealed     .

 

62-528.305 Underground Injection Control: Permit Processing.

Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.0876 FS. History–New 12-3-84, Formerly 17-28.14, 17-28.140, 62-28.140, Amended 8-10-95, Repealed        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Joe Haberfeld

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Jonathan P. Steverson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/20/2016