The proposed rule amends the scope sections within each of the three Parts of Chapter 62-4, F.A.C., as part of concurrent rulemaking that will implement a new environmental resource permitting (ERP) program in the geographical area of the Northwest ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-4.001: Scope of Part I
62-4.200: Scope of Part II
62-4.510: Scope of Part III
PURPOSE AND EFFECT: The proposed rule amends the scope sections within each of the three Parts of Chapter 62-4, F.A.C., as part of concurrent rulemaking that will implement a new environmental resource permitting (ERP) program in the geographical area of the Northwest Florida Water Management District, generally referred to as the “Panhandle.” The new ERP program is authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. A new rule Chapter 62-346, F.A.C., is being proposed through separate rulemaking to implement the Phase I of a new ERP program in the Panhandle. The proposed rule amendments to Chapter 62-4, F.A.C., in conjunction with the proposed Chapter 62-346, F.A.C., will modify the applicability of certain provisions of Chapter 62-4, F.A.C., which will apply to the proposed stormwater management systems in the Panhandle under Section 373.4145(1), F.S. Provisions that will continue to apply include the definitions in Rule 62-4.020, F.A.C., and the water quality provisions in Rules 62-4.242 through 62-4.244, F.A.C., related to anti-degradation, Outstanding Florida Waters, exemptions from water quality criteria, and mixing zone criteria. Most of the other provisions in Chapter 62-4, F.A.C., including those related to fees and general conditions applicable to general permits, are either addressed in Chapter 62-346, F.A.C., or are not applicable to the ERP program, and therefore are not applicable to the ERP program. However, the proposed rule will preserve the applicability of Chapter 62-4, F.A.C., to wetland resource, stormwater, and management and storage of surface water programs grandfathered under Sections 373.414 and 373.4145(6), F.S.
OGC No.: 06-1119 (formerly Docket No. 02-01R)
SUMMARY: The proposed rule amendments will amend the scope sections in each of the three Parts of Chapter 62-4, F.A.C., which currently provide that all of the provisions of Chapter 62-4, F.A.C., are generally applicable to stormwater and wetland resource permit activities regulated under Part IV of Chapter 373, F.S., within the Panhandle. The proposed rule, together with the concurrent adoption of Chapter 62-346, F.A.C., will identify only a limited number of provisions of Chapter 62-4, F.A.C., which will apply to the proposed Phase I ERP program in the Panhandle. However, the amendments will preserve the applicability of the three Parts to wetland resource, stormwater, and management and storage of surface waters activities grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15), (16) and 373.4145(6), F.A.C.
This rulemaking is associated with the concurrent proposed adoption of Chapter 62-346 and amendments to Chapter 62-341, F.A.C., which are being published separately.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A statement of estimated regulatory costs has not been prepared on this rule. However, the rule only affects where (in which rule) applicable rule provisions are found, and the proposed amendments are not, by themselves, expected to have any economic 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: 373.4145 FS.
LAW IMPLEMENTED: 373.4145 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, April 4, 2007, 10:00 a.m., ET
PLACE: Department of Environmental Protection, Room 609, Bob Martinez Center (formerly Twin Towers), 2600 Blair Stone Road, Tallahassee, FL
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 7 hours before the workshop/meeting by contacting: Mary Van Tassel at [phone]. 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 PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Heathcock, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS 2500, Tallahassee, Florida 32399-2400; telephone [phone]; e-mail: [e-mail]; or facsimile [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

PART I GENERAL

62-4.001 Scope of Part I.

This part sets forth procedures on how to obtain a permit from the State of Florida Department of Environmental Protection. This part also provides requirements and procedures for the issuance, denial, renewal, extension, transfer, modification, suspension, and revocation of any permit required by the Department of Environmental Protection. Except as otherwise provided in Chapter 62-343 or 62-346, F.A.C., or in the rules of the water management districts adopted by reference under Chapter 62-330, F.A.C., this Part The provisions of this Part, except for Rule 62-4.020, F.A.C., and subsection 62-4.050(4), F.A.C., shall not apply to activities regulated under Part IV of Chapter 373, F.S., However, this Part shall continue to apply to except those activities in the geographical territory of the Northwest Florida Water Management District and those activities grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15), and (16), and 373.4145(6), F.S. This Ppart shall not preclude the application of any other permit requirements or procedures for certain types of facilities as contained in other chapters of Title 62, F.A.C.

Proposed Effective Date: October 1, 2007.

Specific Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.01, Amended 8-31-88, Formerly 17-4.001, Amended 7-4-95, 10-1-07.

 

PART II SPECIFIC PERMITS; REQUIREMENTS

62-4.200 Scope of Part II.

This Part sets forth additional requirements for certain Department permits, exemptions from permitting, requirements for mixing zones and zones of discharge, and related requirements. Except as otherwise provided in the rules adopted by reference under Chapter 62-330 or by Chapters 62-343 or 62-346, F.A.C., this Part The provisions of this Part, except for Sections 62-4.242, 62-4.243, 62-4.244, and 62-4.246, F.A.C., shall not apply to activities regulated under Part IV of Chapter 373, F.S., However, this Part shall continue to apply to except those activities in the geographical territory of the Northwest Florida Water Management District, and to those activities grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15), and (16), and 373.4145(6), F.S.

Proposed Effective Date: October 1, 2007.

Specific Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History– New 5-17-72, Formerly 17-4.20, Amended 8-31-88, Formerly 17-4.200, Amended 7-4-95 10-1-07.

 

PART III PROCEDURES FOR GENERAL PERMITS

62-4.510 Scope of Part III.

This Part defines general permits and establishes the procedures for persons who may wish to use a general permit, except that the procedures for any person who may wish to use a general permit for a source of air pollutant emissions, and all conditions of such a general permit, are established at Chapters 62-210 and 62-213, F.A.C. The provisions of this Part shall not apply to activities regulated under Part IV of Chapter 373, F.S., However, this Part shall continue to apply to except those activities in the geographical territory of the Northwest Florida Water Management District and to those activities grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15), and (16), and 373.4145(6), F.S.

Proposed Effective Date: October 1, 2007.

Specific Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.814(1) FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088, 403.814, 403.702-.73, 403.851-.864 FS. History–New 7-8-82, Formerly 17-4.51, Amended 8-31-88, Formerly 17-4.510, Amended 4-18-95, 7-4-95, 10-16-95, 4-16-01 10-1-07.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 20, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 30, 2006, on the Department’s Official Internet Noticing site at http://tlhora6.dep.state.fl.us/onw/pilot.asp