62-620.100: Scope/Applicability/References
PURPOSE, EFFECT AND SUMMARY: The proposed amendments revise existing Department rules that adopt by reference federal requirements for concentrated animal feeding operations (CAFO). EPA revised their rules as of November 20, 2008 (effective December 22, 2008) in Title 40 of the Code of Federal Regulations, and the Department is adopting these new requirements.
SPECIFIC AUTHORITY: 403.061, 403.087, 403.0885 FS.
LAW IMPLEMENTED: 403.061, 403.087, 403.088, 403.0885 FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Mary K. Smith, 2600 Blair Stone Road, M.S. 3545, Tallahassee, Florida 32399-2400, (850)245-8591, mary.k.smith@dep.state.fl.us.
SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.
THE FULL TEXT OF THE PROPOSED RULE IS:
62-620.100 Scope/Applicability/References.
(1) through (2) No change.
(3) References. The Department adopts and incorporates by reference the following sections of Title 40 of the Code of Federal Regulations (CFR) revised as of July 1, 2009 2007, or later as specifically indicated, and the Department Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., dated 7-10-06. Copies of these documents may be obtained by writing the Department of Environmental Protection, Bureau of Water Facilities Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.
(a) through (s) No change.
(t) 40 CFR 122.23(a) through (g)(f), containing the scope, permit coverage requirements, determinations, dates for permit applications and definitions for concentrated animal feeding operations.
(u) 40 CFR 122.63(h), making it a minor permit modification to incorporate changes to a nutrient management plan. 40 CFR 122.23(g)(1) through (2), containing due dates for the submission of permit applications for concentrated animal feeding operations, except that the due date shall be December 31, 2004 for dairies and February 27, 2009, for all other facilities addressed in 122.23(g)(2), amended July 24, 2007, at 72 FR 40245.
(v) 40 CFR 412, containing effluent guidelines and standards for concentrated animal feeding operations (CAFO) point source category. 40 CFR 122.23(g)(3) through (6), containing due dates for the submission of permit applications, except that the due date shall be December 31, 2004 for dairies and February 27, 2009, for all other facilities addressed in 122.23(g)(3)(iii), amended July 24, 2007, at 72 FR 40245.
(w) through (z) No change.
(4) No change.
Rulemaking Specific Authority 403.061, 403.087, 403.0885 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. HistoryNew 11-29-94, Amended 12-24-96, 3-2-00, 10-22-00, 10-23-00, 6-1-01, 8-25-03, 12-8-03, 12-23-04, 2-7-06, 3-13-06, 6-19-06, 7-10-06, 10-16-07, 11-28-07, 2-17-09,________.