The purpose of the proposed rule amendments (OGC 15-0101) is to amend Rule 62-814.520, F.A.C., and repeal Rule 62-814.900, F.A.C., related to Electric and Magnetic Fields, to eliminate, including all references to, DEP Form 62-814.900, and to amend ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE:

62-814.520Compliance

62-814.900Form and Instructions

PURPOSE AND EFFECT: The purpose of the proposed rule amendments (OGC 15-0101) is to amend Rule 62-814.520, F.A.C., and repeal Rule 62-814.900, F.A.C., related to Electric and Magnetic Fields, to eliminate, including all references to, DEP Form 62-814.900, and to amend language to allow for compliance reporting flexibility. 

SUMMARY: These revisions will allow for the submission of a report that demonstrates compliance with the standards set forth in Chapter 62-814, F.A.C., instead of requiring the submittal of a DEP Form.  The Department proposes to revise Rules 62-814.520 and 62-814.900, F.A.C., Compliance and Form and Instructions.  The revisions will repeal Rule 62-814.900, F.A.C., and amend Rule 62-814.520, F.A.C., which references the form.

OTHER RULES INCORPORATING THIS RULE: There are no other rules which incorporate these rules.

EFFECT ON THOSE OTHER RULES: There will be no effect on other rules.

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 amendments to these rules merely repeal a standardized reporting form and instead provides regulated entities the flexibility in the method of reporting compliance with the standards in Rule 62-814.450, F.A.C. Providing this flexibility will not result in an adverse impact to small businesses or increase 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.

SPECIFIC AUTHORITY: 403.061, and 403.523, FS.

LAW IMPLEMENTED: 403.061, 403.8077, and 403.523 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Terri Long, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400. Telephone [phone]. E-mail terri.long @dep.state.fl.us.

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-814.520 Compliance.

(1) through (2) No change.

(3) Any facility owner seeking to construct a new transmission line of nominal voltage of 230 kV or larger or a new substation served by transmission lines of 230 kV or larger, which is not subject to Chapter 403, Part II, F.S., shall submit to the Department Siting Coordination Office, a compliance report completed DEP Form 62-814.900 at least 90 days prior to the start of construction. The information in on the compliance report form shall be of sufficient detail to show compliance with the standards of Rule 62-814.450, F.A.C., and shall be certified by an engineer practicing in Florida and regulated by Chapter 471, F.S. Any facility owner seeking a permit subject to the provisions of Chapter 62-312, F.A.C., for new 230 kV or larger transmission lines shall also include a compliance report as specified above completed DEP Form 62-814.900 from an engineer practicing in Florida and regulated by Chapter 471, F.S., with the other applicable application forms.

(4) On or before March 31 of each year, any facility owner that placed in operation, during the preceding calendar year, a transmission line of nominal voltage less than 230 kV or a new substation serving new transmission lines of less than 230 kV, shall submit to the Department Siting Coordination Office, a statement and a compliance report as specified above completed DEP Form 62-814.900 from an engineer practicing in Florida and regulated by Chapter 471, F.S., verifying that the electrical facility complies with the criteria set forth in Rules 62-814.400 and 62-814.450, F.A.C.

Specific Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(30), 403.0877, 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, XX-XX-XXXX, Formerly 17-274.520, 17-814.520.

 

62-814.900 Form and Instructions.

Specific Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(30), 403.523(14) FS. History–New 1-7-93, Formerly 17-274.901, 17-814.900, Repealed XX-XX-XXXX.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ann Seiler, Siting Coordination

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 16, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 11, 2015