The Department is proposing to amend two rules in Chapter 62-701, F.A.C., Solid Waste Management Facilities, which were adopted in March 2022. The purpose of this rule development is to add a word in Rule 62-701.805, F.A.C., ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-701.805Coal Combustion Residuals Facility Permitting Requirements and Procedures

62-701.900Forms

PURPOSE AND EFFECT: The Department is proposing to amend two rules in Chapter 62-701, F.A.C., Solid Waste Management Facilities, which were adopted in March 2022. The purpose of this rule development is to add a word in Rule 62-701.805, F.A.C., that was inadvertently omitted in the Notice of Change during the previous rulemaking and adding a term for clarification. Additionally, the Department is correcting three rule citations on Form 62-701.900(37) Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units due to subsection renumbering in Rule 62-701.805, F.A.C.

SUMMARY: Specific adjustments to the rule include amendments to subsection 62-701.805(8) Closure and Post Closure Care in subparagraph 62-701.805(8)(b)1., F.A.C., revising the date of Form 62-701.900(37), adopted by reference in this rule, and updating the link to the new form. Additionally, in subsection 62-701.805(12) CCR Permit Application Fees and Terms, the Department is adding the word “not” to sub-subparagraph 62-701.805(12)(c)2.b., F.A.C., which was inadvertently omitted during previous rulemaking. In paragraph 62-701.805(13)(d), the term “website” is being added for clarification. In the Forms Rule 62-701.900, F.A.C., Form 62-701.900(37), is being updated with a new effective date. The revisions to Form 62-701.900(37) correct citations on pages 5 and 6 that stated Rule 62-701.805(3)(c), F.A.C., to correctly cite Rule 62-701.805(2)(c), F.A.C., regarding the Quality Assurance/Quality Control (QA/QC) plan, due to renumbering of the subsection.

OTHER RULES INCORPORATING THIS RULE: 62-704.400, 62-704.410, 62-710.800, 62-711.500, 62-711.520, 62-711.530, 62-711.550, 62-711.801, 62-713.400, 62-713.600, and 62-716.470, F.A.C.

EFFECT ON THOSE OTHER RULES: Amendments to Rule 62-701.900, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on the following Rules: 62-704.400, 62-704.410, 62-710.800, 62-711.500, 62-711.520, 62-711.530, 62-711.550, 62-711.801, 62-713.400, 62-713.600, and 62-716.470, 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: The revisions to Rules 62-701.805 and 62-701.900, F.A.C., are minor corrections and rule clarification. These rules do not create an economic impact on the industry and will not adversely affect economic growth, employment, or investment; business competitiveness; or regulatory and compliance 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.

RULEMAKING AUTHORITY: 403.061, 403.704, 403.707, 403.7125, FS.

LAW IMPLEMENTED: 403.702, 403.703, 403.704, 403.707, 403.7125, 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 IS: Kim Curran, Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. [e-mail] or [phone]. Rule documents can be found on the Division's website at https://floridadep.gov/Waste.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-701.805 Coal Combustion Residuals Facility Permitting Requirements and Procedures.

(1) through (7) No change.

(8) Closure and Post-closure Care.

(a) No change

(b) The owner or operator must close the CCR unit in accordance with a Department operating permit that includes a closure plan, or a closure permit issued by the Department. Prior to initiating closure of a CCR unit, the owner or operator must receive authorization from the Department using one of the following options:

1. The owner or operator may submit an application to the Department for a closure permit which shall include a closure plan on Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units, effective date <DATE> March 1, 2022, hereby adopted and incorporated by reference. Copies of this form can be obtained from the Department’s website or by contacting the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400, or the form can be obtained at <LINK> https://www.flrules.org/Gateway/reference.asp?No=Ref-14046; or

2. No change.

(c) through (g) No change.

(9) through (11) No change.

(12) CCR Permit Application Fees and Terms.

(a) through (b) No change.

(c) No change.

1. No change.

2. At the time of applying for the renewal permit:

a. No change.

b. The applicant is not required to implement assessment monitoring corrective actions in accordance with applicable Department rules; and

c. No change.

(d) No change.

(13) CCR Permit Application Notice, Processing, Permit Issuance, Modification, and Renewal Procedures.

(a) through (c) No change.

(d) Once an application to construct, operate, renew, intermediately or substantially modify, conduct corrective action on, close, or perform post-closure for a CCR unit is complete, the Department shall prepare a draft permit or intent to deny the permit. All draft permits prepared by the Department under this section shall be publicly noticed, made available for public comment, and give notice of an opportunity for a public meeting. The applicant shall publish and provide proof of publication to the Department of the draft permit notice in a newspaper of general circulation in the area where the facility is located and the applicant’s publicly accessible CCR internet website. The public notice requirements for draft CCR permits issued by the Department are specified in subsections 62-110.106(5), 62-110.106(7), and 62-110.106(12), F.A.C.

1. through 3. No change.

(e) through (h) No change.

Rulemaking Authority 403.061, 403.704, 403.707, 403.7125 FS. Law Implemented 403.702, 403.703, 403.704, 403.707, 403.7125 FS. History–New 3-9-22, Amended  .

 

62-701.900 Forms.

        No change.

(1) through (26) No change.

(27) Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units, effective <DATE> March 1, 2022.

Rulemaking Authority 403.704 FS. Law Implemented 403.707 FS. History–New 8-2-89, Amended 1-6-93, 5-19-94, Formerly 17-701.900, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 2-15-15, 3-13-16, 3-9-22, Amended___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Walker, Program Administrator, Permitting and Compliance Assistance Program in the Division of Waste Management, Department of Environmental Protection.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, Secretary, Florida Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 02, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 31, 2022