Implementation of Sections 403.061(30) and 403.523(10), F.S.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-814.100: Intent, Findings, Basis of Standards, and Research Needs
62-814.300: General Technical Requirements
62-814.450: Electric and Magnetic Field Standards
PURPOSE AND EFFECT: Implementation of Sections 403.061(30) and 403.523(10), F.S.
SUMMARY: The Department of Environmental Protection is authorized to regulate electric and magnetic fields (EMF) from transmission lines as indicated in Florida Statute 403.061(30). The rule implementing the statute is outdated and requires updates in the following three areas, addressed in this proposed rule: (1) The elimination of a rule exemption for a specific transmission line which was never actually constructed; (2) The inclusion of standards for transmission lines with voltages above 500,000 volts; and (3) The elimination of an annual review and report on the state of science with respect to electromagnetic fields.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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(7), 403.523(1) FS.
LAW IMPLEMENTED: 403.061(30), 403.523(14) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Mike Halpin, P.E. at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-814.100 Intent, Findings, Basis of Standards, and Research Needs.

(1) No change.

(2) Findings.  Based on the information available to the Department, the Department makes the following general findings:

(a) The Department has reviewed the present scientific data on the potential for health effects of electric and magnetic fields.  The Department has also reviewed data on the existing or potential electric and magnetic field levels near electrical transmission and distribution lines and substations in Florida.  Although there is no conclusive evidence that there is any danger or hazard to public health at the levels of existing 60 hertz electric and magnetic fields found in Florida, there is evidence of biological effects and a potential for adverse health effects on the public. Further research is needed to determine if there are health effects and the exposure levels at which such effects may occur.

(b) With respect to 60 hertz EMF, reasonable measures include urging more applied research on the potential adverse human health effects of EMF and EMF mitigation techniques; performing a comprehensive review of the state of the science and submitting annual reports to the Environmental Regulation Commission commencing in 1993; reviewing the provisions of this rule not later than July of 1994; and requiring all new and modified transmission lines and substations to meet standards which are achievable through the use of available EMF reduction technology and measures, but in no case to allow any new or modified transmission line or substation, under normal conditions, to cause electric or magnetic field strengths greater than the highest operating voltage and the maximum current rating (MCR) values for existing transmission lines and substations.

(3) No change.

(4) Additional Research Needed. Continued research is needed on the potential adverse human health and welfare effects of 60 hertz EMF and EMF mitigation techniques because existing knowledge is inadequate to confidently conclude that no further action is needed.

(4)(5) Categories of Electrical Facilities.  This chapter sets forth three categories of electrical facilities for regulation in regards to the electric and magnetic fields associated with these facilities.

(a) The first category is for existing electrical facilities on which construction was commenced prior to March 21, 1989, and new distribution lines.  These facilities will be allowed to operate in accordance with subsection 62-814.400(2), F.A.C.

(b) The second category of electrical facilities is for those which were certified pursuant to Chapter 403, Part Two, Florida Statutes, after April 15, 1988, but before March 21, 1989. These facilities will be subject to specific standards moderated by the individual circumstances of the facility.

(c) The third category is for new transmission lines and substations the construction of which commenced after March 21, 1989.

(5)(6) Effect of Rule. The effect of this chapter is to establish requirements to reasonably protect the public health and welfare from electric and magnetic fields associated with electrical transmission lines, distribution lines and substations.

Specific Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(30), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93; Formerly 17-274.100, Formerly 17-814.100, Amended__________.

 

62-814.300 General Technical Requirements.

(1) through (2) No change.

(3) Copies of the publications listed in subsection (2) are available for inspection at the Department's Information Center, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400.

Specific Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(30), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.300, Formerly 17-814.300, Amended _________.

 

62-814.450 Electric and Magnetic Field Standards.

(1) No change.

(2) Transmission lines certified pursuant to Chapter 403, Part Two, Florida Statutes, after April 15, 1988, and prior to March 21, 1989.

(a) For the Lake Tarpon - Kathleen transmission line where the ROW width is 100 feet:

1. The maximum electric field at the edge of the ROW shall not exceed 1.56 kV/m and on the ROW shall not exceed 8.94 kV/m.

2. The peak daily magnetic field at the edge of the ROW shall be limited to 35 milliGauss under normal load conditions.  Under load conditions in excess of 500 MW, the peak daily magnetic field shall be limited to 229 milliGauss.  Load conditions in excess of 500 MW shall occur for no more than 15 hours in any given year, except for non-permanent load conditions caused by malfunction or maintenance outages in the transmission grid or generation facilities within or outside of Florida.  Florida Power Corporation shall report annually to the Department the amount of time during which the 500 MW normal load condition was exceeded.

(b) For the Lake Tarpon –Kathleen transmission line where the ROW width is 190 feet:

1. The maximum electric field at the edge of the ROW shall not exceed 1.90 kV/m and on the ROW shall not exceed 8.80 kV/m.

2. The peak daily magnetic field at the edge of the ROW shall be limited to 24 milliGauss under normal load conditions.  Under load conditions in excess of 500 MW, the peak daily magnetic field shall be limited to 154 milliGauss. Load conditions in excess of 500 MW shall occur for no more than 15 hours in any given year, except for non-permanent load conditions caused by malfunction or maintenance outages in the transmission grid or generation facilities within or outside of Florida.  Florida Power Corporation shall report annually to the Department the amount of time during which the 500 MW normal load condition was exceeded.

(2)(3) New transmission lines and substations.

(a) The maximum electric field at the edge of the transmission line ROW containing a 500 kV nominal voltage or less transmission line or at the property boundary of a new substation containing facilities operating at these voltages shall not exceed 2.00 kV/m.

(b) The maximum electric field at the edge of the transmission line ROW for a line with a nominal voltage greater than 500 kV or at the property boundary of a new substation containing facilities operating at these voltages shall not exceed 5.50 kV/m.

(c)(b) The maximum electric field on the ROW of a 230 kV or smaller transmission line shall not exceed 8 kV/m.

(d)(c) The maximum electric field on the ROW of a 500 kV transmission line with a nominal voltage greater than 230 kV and up to 500 kV shall not exceed 10 kV/m.

(e)  The maximum electric field on the ROW of a transmission line greater than 500 kV shall not exceed 15 kV/m.

(f)(d) The maximum magnetic field at the edge of a 230 kV or smaller transmission line ROW or at the property boundary of a new substation serving such lines shall not exceed 150 milliGauss.

(g)(e) The maximum magnetic field at the edge of the transmission line ROW for a transmission line with a nominal voltage greater than 230 kV and up to 500 kV 500 kV line or at the property boundary of a new substation containing facilities operating at these voltages serving a 500 kV line shall not exceed 200 milliGauss, except for double circuit 500 kV lines to be constructed on ROWs existing on March 21, 1989, as identified below where the limit will be 250 milliGauss.

(h) The maximum magnetic field at the edge of the transmission line ROW for a transmission line with a nominal voltage greater than 500 kV or at the property boundary of a new substation containing facilities operating at these voltages shall not exceed 250 milliGauss.

(i)(f) For existing ROWs extending from the Andytown substation to the Orange River substation, Andytown substation to the Martin Generating Plant, and the Martin Generating Plant to the Midway substation, where the facility owner has acquired, prior to March 21, 1989, a ROW sufficiently wide for two or more 500 kV transmission lines and has constructed one or more 500 kV transmission lines on this ROW prior to March 21, 1989, the maximum magnetic field at the edge of the ROW or property boundary of a new or modified substation shall not exceed 250 milliGauss.

 

Table of New Transmission Line and Substation Standards
KV Rating	Property Boundary of new Substation	Edge of Transmission Line Right-of-Way	On the Transmission Line Right-of-Way
<+230 kV	2.00 kV/m & 150 milliGauss	2.00 kV/m & 150 milliGauss	8 kV/m
<=500 kV and > 230 kV	2.00 kV/m & 200 milliGauss [1]	2.00 kV/m & 200 milliGauss [1]	10 kV/m
>500 kV	2.00 kV/m & 250 milliGauss	2.00 kV/m & 250 milliGauss	15 kV/m

Footnote 1: Except as provided in paragraphs (2)(g) and (2)(i).

Specific Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(30), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.450, Formerly 17-814.450, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Halpin
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jeremy Susac
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 21, 2007