The proposed rule amendments reduce the application fee required to establish a site specific alternative criterion in surface waters. The proposed rules also revise the limit on the size of turbidity mixing zones and the anti-degradation threshold ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:
62-4.050 Procedures to Obtain Permits and Other Authorizations; Applications
62-4.242 ntidegradation Permitting Requirements; Outstanding Florida Waters; Outstanding National Resource Waters; Equitable Abatement
62-4.244 Mixing Zones: Surface Waters
PURPOSE AND EFFECT: The proposed rule amendments reduce the application fee required to establish a site specific alternative criterion in surface waters. The proposed rules also revise the limit on the size of turbidity mixing zones and the anti-degradation threshold for turbidity in Outstanding Florida Waters for Joint Coastal Permit projects.
SUMMARY: The Department proposes to amend Rule 62-4.050, F.A.C., to reduce the application fee for a site specific alternative criterion in surface waters from $15,000 to $5,000 per water quality parameter. The Department also proposes to amend Rule 62-4.242, F.A.C., to revise the anti-degradation threshold for turbidity levels for beach nourishment projects, while protecting natural marine resources in the affected area. Lastly, the Department proposes to amend Rule 62-4.244, FAC, to revise the limit on the size of turbidity mixing zones for Joint Coastal Permits.
OTHER RULES INCORPORATING THIS RULE: Chapter 62-4, F.A.C., is referenced by the following rules: 62-4.001, 62-4.020, 62-4.021, 62-4.030, 62-4.040, 62-4.050, 62-4.052, 62-4.053, 62-4.055, 62-4.060, 62-4.070, 62-4.080, 62-4.090, 62-4.100, 62-4.110, 62-4.120, 62-4.130, 62-4.150, 62-4.160, 62-4.200, 62-4.210, 62-4.220, 62-4.240, 62-4.241, 62-4.242, 62-4.243, 62-4.244, 62-4.246, 62-4.249, 62-4.250, 62-4.510, 62-4.520, 62-4.530, 62-4.540, 62-25.020, 62-25.025, 62-25.035, 62-25.060, 62-25.801, 62-25.900, 62-40.120, 62-40.210, 62-45.030, 62-45.050, 62-45.070, 62-45.110, 62-45.170, 62-110.106, 62-110.107, 62-113.200, 62-204.800, 62-210.200, 62-210.300, 62-210.310, 62-210.700, 62-210.900, 62-212.720, 62-213.205, 62-213.420, 62-213.430, 62-213.440, 62-214.350, 62-296.570, 62-296.600, 62-302.200, 62-302.300, 62-302.530, 62-302.700, 62-302.800, 62-303.200, 62-303.320, 62-330.100, 52-330.200, 62-330.201, 62-330.405, 62-330.630, 62-330.901, 62-343.020, 62-343.070, 62-343.090, 62-343.100, 62-343.130, 62-346.030, 62-345.050, 62-346.051, 62-346.071, 62-346.301, 62-520.470, 62-528.200, 62-528.300, 62-528.305, 62-528.307, 52-528.400, 62-528.415, 62-528.440, 62-528.455, 62-529.630, 62-528.705, 62-528.710, 62-555.401, 62-555.405, 62-555.520, 62-555.528, 62-555.530, 62-555.533, 62-555.536, 62-600.120, 62-600.200, 62-600.300, 62-600.430, 62-600.520, 62-604.300, 62-604.600, 62-610.200, 62-610.300, 62-610.554, 62-610.555, 62-610.650, 62-610.670, 62-610.810, 62-610.820, 62-610.830, 62-610.850, 62-610.860, 62-610.890, 62-611.200, 62-611.450, 62-611.500, 62-611.700, 62-620.100, 62-620.300, 62-620.310, 62-620.320, 62-620.325, 62-620.335, 62-620.610, 62-620.620, 62-620.625, 62-620.705, 62-620.710, 62-621.300, 62-621.303, 62-621.500, 62-624.100, 62-624.300, 62-624.810, 62-625.420, 62-625.600, 62-640.300, 62-650.200, 62-650.300, 62-650.400, 62-650.500, 62-660.200, 62-660.400, 62-660.801, 62-660.802, 62-660.803, 62-660.804, 62-660.805, 62-660.806, 62-671.310, 62-673.310, 62-673.320, 62-673.340, 62-673.630, 62-701.315, 62-701.320, 62-701.710, 62-701.803, 62-709.300, 62-710.210, 62-710.800, 62-711.300, 62-711.801, 62-713.800, 62-730.200, 62-730.220, 62-730.290, 62-730.293, 62-737.800, 62B-34.030, 62B-49.005, 62B-49.006, and 62B-49.012. Rule 62-4.050, F.A.C., is referenced by the following rules: 62-4.050, 62-4.052, 62-4.053, 62-4.080, 62-45.110, 62-110.107, 62-113.200, 62-210.300, 62-210.310, 62-210.900, 62-213.420, 62-330.200, 62-330.201, 62-343.020, 62-343.070, 62-343.100, 62-343.130, 62-346.071, 62-528.300, 62-528.440, 62-528.455, 62-528.630, 62-555.401, 62-555.405, 62-555.520, 62-555.528, 62-555.536, 62-604.600, 62-620.100, 62-620.310, 62-620.320, 62-620.325, 62-620.335, 62-620.710, 62-621.300, 62-621.500, 62-624.100, 62-624.300, 62-624.310, 62-673.320, 62-701.315, 62-701.320, 62-709.300, 62-710.800, 62-711.300, 62-730.220, 62-737.800, and 62B-49.006, F.A.C. Rule 62-4.242, F.A.C., is referenced by the following rules: 62-4.050, 62-4.242, 62-40.120, 62-40.210, 62-302.530, 62-302.700, 62-330.200, 62-330.405, 62-330.630, 62-346.050, 62-346.051, 62-346.301, 62-600.300, 62-600.520, 62-610.300, 62-610.554, 62-610.555, 62-610.810, 62-610.820, 62-610.830, 62-610.860, 62-611.500, 62-650.500, F.A.C. Rule 62-4.244, F.A.C., is referenced by the following rules: 62-4.241, 62-4.244, 62-110.106, 62-302.530, 62-302.800, 62-330.200, 62-346.050, 62-346.051, 62-346.301, 62-600.430, 62-600.520, 62-620.620, 62-620.625, 62-621.303, 62-650.300, F.A.C.
EFFECT ON THOSE OTHER RULES: The proposed amendments are not expected to have significant effects other than to reduce unnecessary process associated with obtaining a variance from the applicable mixing zone and anti-degradation provisions in Chapter 62-4, 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: A reduction in the application fee for site specific alternative criteria will result in a savings to affected parties. The amendments to Rule 62-4.242, F.A.C., will provide a revised threshold for antidegradation of turbidity for beach nourishment projects within Outstanding Florida Waters, based on background variability, which should reduce costs to affected parties who would otherwise be required to obtain a variance. The proposed revisions to Rule 62-4.244, F.A.C., will provide a larger mixing zone for Joint Coastal Permit projects, which should reduce costs to affected parties who would otherwise be required to obtain a variance.
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: 373.016, 373.026, 373.043, 373.109, 373.171, 373.414, 373.418, 373.421, 403.051, 403.061, 403.062, 403.087, 403.088, 403.0882, 403.504, 403.704, 403.804, 403.805 FS.
LAW IMPLEMENTED: 373.016, 373.109, 373.171, 373.309, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.021, 403.051, 403.061, 403.087, 403.0877, 403.088, 403.0882, 403.0885, 403.101, 403.111, 403.121, 403.141, 403.161, 403.182, 403.201, 403.502, 403.702, 403.708, 403.722, 403.861(7) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, April 23, 2013, 9:00 a.m.
PLACE: Florida Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida
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 5 days before the workshop/meeting by contacting: Eric Shaw at [phone] or by the address or e-mail identified below. 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: Eric Shaw, Department of Environmental Protection, Bureau of Assessment and Restoration Support, MS 6511, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, [phone] or e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-4.050 Procedures to Obtain Permits and Other Authorizations; Applications.

(1) through (3) No change.

(4) Processing fees are as follows:

(a) through (p) No change.

(q)  Unless otherwise specified in this rule, the fee for applications for relief mechanisms shall be as follows:

1. Site specific alternative criteria for each water quality criteria $5,000 $15,000

2. through 6. No change.

(r) through (z) No change.

(5) through (8) No change.

Rulemaking Authority 373.026, 373.043, 373.109, 373.414, 373.418, 373.421, 403.061, 403.087, 403.704(30), 403.805 FS. Law Implemented 373.109, 373.309, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.061, 403.087, 403.0877, 403.088, 403.0885, 403.722, 403.861(7) FS. History–New 5-17-72, Amended 6-19-74, 7-8-82, Formerly 17-4.05, Amended 11-15-87, 8-31-88, 10-3-88, 4-4-89, 3-19-90, 6-11-90, 3-7-91, 3-18-91, 5-30-91, 10-30-91, 11-16-92, 12-21-92, 7-11-93, 2-2-94, Formerly 17-4.050, Amended 11-23-94, 4-30-95, 7-4-95, 12-15-98, 10-22-00, 6-1-01, 1-30-03, 2-19-03, 4-3-03, 5-1-03, 2-7-06, 10-31-07, 4-21-09,________  .

 

62-4.242 Antidegradation Permitting Requirements; Outstanding Florida Waters; Outstanding National Resource Waters; Equitable Abatement.

(1) No change.

(2) Standards Applying to Outstanding Florida Waters.

(a) No change.

(b) The Department recognizes that it may be necessary to permit limited activities or discharges in Outstanding Florida Waters to allow for or enhance public use or to maintain facilities that existed prior to the effective date of the Outstanding Florida Water designation, or facilities permitted after adoption of the Outstanding Florida Water designation. However, such activities or discharges will only be permitted if:

1. The discharge or activity is in compliance with the provisions specified in subparagraph (2)(a)2. of this section; or

2.  For dredging beach-quality sand from inlets and related channels, or restoration/nourishment of beaches and the use of offshore borrow areas, the applicant demonstrates that:

a.  Turbidity has been minimized for both magnitude and duration to the maximum extent practicable;

b.  Turbidity at the edge of the approved mixing zone does not exceed natural background levels by more than the range in natural background turbidity levels measured throughout a normal tidal cycle for the applicable sand dredging or beach restoration/nourishment site; and in no case shall it exceed 29 NTUs above natural background; and

c.  Turbidity levels, both inside and outside of the mixing zone, are not expected to have an adverse impact on marine resources, recreational value or public safety; or

3.2. Management practices and suitable technology approved by the Department are implemented for all stationary installations including those created for drainage, flood control, or by dredging or filling; and 3. tThere is no alternative to the proposed activity, including the alternative of not undertaking any change, except at an unreasonably higher cost.

(c) through (f) No change.

(3) Standards Applying to Outstanding National Resource Waters:

(a) All discharges or activities that may cause degradation of water quality in Outstanding National Resource Waters are prohibited, other than:

1. Discharges or activities that are exempted by statute from Department permitting or regulation;

2. Those discharges or activities described in sub-subparagraphs 62-4.242(2)(a)1.b., 62-4.242(2)(a)1.c., 62-4.242(2)(a)2.b., and 62-4.242(2)(b)2., F.A.C.

(b) through (e) No change.

(4) No change.

Rulemaking Authority 373.016, 373.171, 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 373.016, 373.171, 403.021, 403.061, 403.087, 403.088, 403.101, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History–New 3-1-79, Amended 5-14-81, 9-30-82, 3-31-83, 4-9-84, 11-29-84, 12-11-84, 5-8-85, 7-22-85, 8-31-88, 9-13-89, 10-4-89, Formerly 17-4.242, Amended 1-23-95, 5-15-02,_________.

 

62-4.244 Mixing Zones: Surface Waters.

(1) through (4) No change.

(5) Mixing zones for dredge and fill permits shall not be subject to the provisions in paragraphs (1)(c) through (j), subsection (2), (3), or (4) of this section, provided that applicable water quality standards are met at the boundary and outside the mixing zone.

(a) through (b) No change.

(c) In no case shall the boundary of a Joint Coastal Permit mixing zone be more than 1000 meters from the point of discharge into the waterbody or the boundary of a dredge and fill mixing zone be more than 150 meters downstream in flowing streams or 150 meters in radius in other bodies of water, where these distances are measured from the cutterhead, return flow, discharge, or other points of generation of turbidity or other pollutants.

(d)When determining the appropriate size of a turbidity mixing zone for a Joint Coastal Permit, the Department shall also use the following criteria:

1.  Measures will be implemented to minimize the magnitude and duration of turbidity to the maximum extent practicable;

2.  Mixing zones shall be kept to the minimum size necessary to meet the turbidity standard; and

3.  Mixing zones shall not encompass hardbottom communities, coral resources, or submerged aquatic vegetation beds outside of the authorized impact sites unless those areas are also evaluated as impact sites.

(6) through (7) No change.

Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.0882, 403.804, 403.805 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0882, 403.101, 403.121, 403.141, 403.161, 403.182, 403.201, 403.502, 403.702, 403.708 FS. History–Formerly part of 17-3.05, Revised and Renumbered 3-1-79, Amended 10-2-80, 1-1-83, 2-1-83, 2-19-84, 4-26-87, 8-31-88, 10-17-90, Formerly 17-4.244, Amended 3-26-00, 12-13-05,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 22, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 27, 2012