The purpose of this proposed rule is to revise Rule 62-17.281, F.A.C., to create templates that will be used for various noticing requirements under the Electric Power Plant Siting Act. The templates will be adopted by reference and allow for ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Air Resource Management

RULE NO.:RULE TITLE:

62-17.281Newspaper Notice

PURPOSE AND EFFECT: The purpose of this proposed rule is to revise Rule 62-17.281, F.A.C., to create templates that will be used for various noticing requirements under the Electric Power Plant Siting Act. The templates will be adopted by reference and allow for streamlining of the rule. The creation of the templates will enable regulated entities to utilize consistent language in publishing statutorily required newspaper notices pursuant to Section 403.5115, F.S.

SUMMARY: The proposed rule streamlines the newspaper notice requirements under the Electric Power Plant Siting Act.

OTHER RULES INCORPORATING RULE 62-17.281, F.A.C.: None

EFFECT ON THOSE OTHER RULES: Not applicable, as there are no rules incorporating Rule 62-17.281, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Department has determined that amendment of this rule will not have an adverse impact on small business or increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. The Department has not prepared a statement of estimated regulatory costs (SERC). The Department has determined that the proposed rule is not expected to require legislative ratification based on the SERC, or, if no SERC is required, the information expressly relied upon and described herein: The Department has determined that the amendments to these rules streamline public notice requirements for applicants under the Electric Power Plant Siting Act and will not increase costs to the regulated community. Any person who wishes to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.504, 403.517, F.S.

LAW IMPLEMENTED: 403.504, 403.5063, 403.5115, 403.516, 403.517, 403.5175, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW. (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: May 31, 2017, 10:00 a.m.

PLACE: DEPARTMENT OF ENVIRONMENTAL PROTECTION, 2600 BLAIR STONE ROAD, CONFERENCE ROOM 195, TALLAHASSEE, FLORIDA 32399.

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: Terri Long at [phone] or email at [e-mail].

If you are hearing or speech impaired, please contact the agency by 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: Ann Seiler, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400, [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-17.281 Newspaper Notice.

(1) The applicant shall provide and publish newspaper notices as required by, and in accordance with, Section 403.5115, F.S., and as further specified herein using the templates and procedures listed below. Templates may be obtained from the Department of Envirionmental Protection, Siting Coordination Office, or at the hyperlinks provided below. The map required under Section 403.5115(2), F.S., should occupy approximately one-quarter of the notice space. After the notice has been published, the applicant shall forward to the department’s Siting Coordination Office one copy of the applicable proofs of publication. The content of any notice shall be approved by the Ddepartment and may differ from the content be different than that provided in this rule so long as the deviation does not materially and substantially alter the substance of such notice. All notice headings shall be in bold letters not less than three-eighths (3/8) inches high.

(a)(1) Notice of the filing of a Notice of Intent to File an Application, DEP Template 62-17.281(1), effective ________, adopted and incorporated herein and available at (link). This notice shall be published within 21 days after the filing of the notice with the Department.

(a) The notice shall bear a prominent heading in bold letters: “Notice of Intent to File Application for Power Plant Site Certification”.

(b) The notice shall contain at least the following information:

1. The name and a brief description of the site including any associated facilities and corridors, and type and capacity of the power plant;

2. A map showing the location of the proposed site;

3. A statement that “a Notice of Intent to file an application seeking certification authorizing construction and operation of an electrical power plant near ________” <location> “, Florida, has been received by the Department of Environmental Protection pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Part II, Florida Statutes”;

4. The statement “The department and other affected agencies are authorized by Section 403.5063(2), F.S., to enter into binding written agreements with ________” <name of the applicant> “regarding the scope, quantity, and level of information to be provided in the application for certification which will be subsequently filed. The public may provide comments regarding the substance of such agreements. These comments should be addressed to the Administrator, Siting Coordination Office, Department of Environmental Protection, ________ <current address> no later than 30 days from the date of this notice.”

(b)(2) Notice of Proposed Binding Written Agreements, DEP Template 62-17.281(2), effective __________, adopted and incorporated herein and available at (link). This notice

Unless otherwise combined with the notice for the Notice of Intent as allowed under subsection 62-17.041(3), F.A.C., the following notice shall be published provided in the newspapers required for other notices under Section 403.5115(2), F.S., within 21 days after of the filing of the proposed agreement. The notice shall be 1/4 page in size. and shall consist of the following:

(a) The name and a brief description of the site, including type and capacity of the power plant;

(b) A list of places where the proposed agreements are available for public inspection;

(c) The statement “The Department of Environmental Protection and other affected agencies are authorized by Section 403.5063(2), F.S., to enter into binding written agreements with ________” <name of the applicant> “regarding the scope, quantity, and level of information to be provided in the application for certification which will subsequently be filed. The public may provide comments regarding the substance of such an agreement to the Administrator, Siting Coordination Office, Department of Environmental Protection, ________” <current address> “, within 30 days of the publication of this notice”;

(d) A statement that any disagreements with the proposed binding written agreement may be submitted by an affected agency to the department and the applicant within 45 days of the publication of the notice.

(c)(3) Notice of Filing of Application, DEP Template 62-17.281(3), effective ______, adopted and incorporated herein and available at (link). The notice shall bear the heading “Notice of Filing of Application for Electrical Power Plant Site Certification” and be published within 21 days after the filing of the application with the Department. in bold letters not less than 3/8 inches high. The notice must substantially contain the following:

(a) A map of the site and any associated facilities and corridors in the counties in which the site, facilities and corridors are located, along with a portion of any adjoining county as deemed necessary by the department. A small “window” map which shows the entire route shall, where possible, be superimposed on a non-relevant part of the main map. Where practicable, geographical and political boundaries, physical features and roadways, and selected sections, townships and ranges, should be shown on the main map. All patterns or other graphics used to indicate special features must be bold enough to register legibly on newsprint. The map should occupy at least one quarter of the display advertisement.

(b) Text which is the same point size as standard news items and which substantially states the following:

1. “Application number ______ for certification to authorize construction and operation of a ______” <size of facility, type of fuels> “electrical power plant and site” <and where appropriate, a general description of any associated facilities such as rail spurs, transmissions lines, or fuel pipelines> “was filed with the Department of Environmental Protection on _____, ___” <date>. “The case is pending before the Division of Administrative Hearings, Case No. ______, prior to action by the Governor and Cabinet, or the Secretary, pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Part II, F.S.”.

2. “The application for certification is available for public inspection during normal business hours at the following locations: ________.” <Here list the addresses of the main and appropriate district offices of the department serving the area of the site and any associated facilities; the general business office of the applicant and the local business office of the applicant, if any, for the site and in every county which any associated facility may be located; and the main public libraries identified in paragraph 62-17.051(4)(b), F.A.C.>

3. “State agencies and local governments will be studying the application and preparing reports and recommendations on the proposed facility for the certification hearing. Interested individuals should review the application and bring matters of concern to the appropriate agency’s attention as soon as possible. Information regarding the appropriate contact persons in the agencies may be obtained from the Department of Environmental Protection’s Siting Coordination Office, ________” <provide address and phone number, and if known, case manager’s name>.”

(c) The text shall also include the following:

1. “Any person wishing to participate in the proceedings, either as a party or without party status, must follow either Section 403.508(3) or (4)(b), F.S.” <Here list the language of Sections 403.508(3)(c) and (e), and 403.508(4)(b), F.S.>

2. “Any notice of intent to be a party or motion to intervene must be sent to ________, Administrative Law Judge, Division of Administrative Hearings, ________” <current address> “, Tallahassee, Florida, ________, and must contain the following: reference to the application number; the name, address, and telephone number of the agency or person; and, allegations sufficient to demonstrate the agency or person is entitled to participate in the proceeding. The notice or motion must be sent by mail to the applicant and to all parties. (A list of parties may be obtained from the department’s Siting Coordination Office at the address above.) Those wishing to intervene in these proceedings, unless appearing on their own behalf, must be represented by an attorney or other person who can be determined to be qualified to appear in administrative proceedings pursuant to Chapter 120, F.S., or Rule 28-106.106, F.A.C.

3. “In regard to variances or other relief, Section 403.507(3), F.S., requires that agency reports include a notice of any nonprocedural requirements not specifically listed in the application from which a variance, exemption, exception, or other relief is necessary in order for any proposed electrical power plant to be certified. Subsection 62-17.133(1), F.A.C., similarly requires that agencies identify in their reports any such needed variances or other relief. Failure to provide such notice shall be treated as a waiver from nonprocedural requirements of the department or any other agency. However, no variance shall be granted from standards or regulations of the department applicable under any federally delegated or approved permit program, except as expressly allowed in such program.”

(d) Where applicable, the notice shall also state that issues relating to the use of, connection to, or the crossing of properties and works of agencies may be addressed under certification, with a listing of the agencies.

(e) Where applicable, the notice shall also state that a related application has been filed for:

1. A New Source Review or Prevention of Significant Deterioration Permit,

2. A Wastewater Permit, or

3. Any other permit issued by the department pursuant to a federally delegated or approved program.

(f) When the application for certification is accompanied by an applicant’s Federal coastal zone consistency determination as required by the Federal Coastal Zone Management Act, the following statement shall be included: “This Public Notice is also provided in compliance with the federal Coastal Zone Management Act, as specified in 15 CFR Part 930, Subpart D. Public comments on the applicant’s federal consistency certification should be directed to the Federal Consistency Coordinator, Department of Community Affairs” <current address>.

(d)(4) Notice of Land Use Consistency Determination, DEP Template 62-17.281(4), effective __________, adopted and incorporated herein and available at (link). The notice shall bear the heading "Notice of Land Use Consistency Determination on Electrical Power Plant Site” (and/or “Associated Facilities,”, if applicable) and be published within 21 days after the deadline for filing of the determination. in bold letters not less than 3/8 inches high. The notice must substantially contain the following:

(a) Same as paragraph (3)(a).

(b) Text which substantially states the following:

1. “Application number _____ for certification to authorize construction and operation of a _____” <size of facility, type of fuels> “electrical power plant and site” <and where appropriate, a general description of any associated facilities such as rail spurs, transmissions lines, or fuel pipelines> “was filed with the Department of Environmental Protection on _____, ____” <date>.  “Pursuant to Section 403.50665, F.S., _______” <local government name>”, is required to file a determination with the department, the applicant, the administrative law judge, and all parties on the consistency of the site or any directly associated facilities with existing land use plans and zoning ordinances that were in effect on the date the application was filed, based on the information provided in the application.

2. “On <date> <name of local government or governments> issued a determination that the proposed facility <is><is not> consistent with existing land use plans and zoning ordinances that were in effect on the date the application was filed, based on the information provided in the application.”

3. If it has initially been determined that the electrical power plant is not compliant, the following language: “The applicant may apply to the local government for the necessary local approval to address the inconsistencies identified in the local government’s determination. If the applicant applies to the local government for necessary local land use or zoning approval, the local government shall issue a revised determination within 30 days following the conclusion of any related hearing held by the local government.” 

4. “If any substantially affected person wishes to dispute the local government's determination, he or she shall file a petition with the Department of Environmental Protection, ____ <entity and address>, within 21 days after the publication of notice of the local government's determination. If a hearing is requested, the designated administrative law judge shall conduct a land use hearing in the county of the proposed site or directly associated facility, as applicable, as expeditiously as possible, but not later than 30 days after the department's receipt of the petition”.

(e)(5) Notice of Land Use Hearing Before the Administrative Law Judge, DEP Template 62-17.281(5), effective _____________, adopted and incorporated herein and available at (link). This notice shall be published at At least 15 days before prior to the public hearing on land use and zoning issues, notice shall be published as required by Section 403.5115, F.S., and shall bear the heading “Notice of Land Use Hearing on Proposed Power Plant Facility.”, in bold letters not less than 3/8 inches high. The notice shall contain the following information:

(a) A map meeting the requirements in paragraph (3)(a) above showing the location of the site, and of any associated facilities or corridors.

(b) Text which is the same point size as standard news items and which substantially states the following:

1. Same as subparagraph (3)(b)1. above.

2. A statement that: “Pursuant to Section 403.508, F.S., a land use public hearing will be held by the Division of Administrative Hearings on _____ __, ___,” <date> “, at ____” <address, room> “, in _____County, Florida, at __:__ _._m.” <time> “to determine whether the site is consistent and in compliance with existing land use plans and zoning ordinances. No other issues will be heard at this land use hearing. A subsequent public hearing upon the application will be held to consider environmental and other impacts prior to final action by the Governor and Cabinet or the Secretary”.

3. Same as subparagraph (3)(b)2. above.

4. “Any person wishing to participate in the proceedings, either as a party or without party status, must follow either Section 403.508(3) or (4), F.S.” <Here list the language of Sections 403.508(3)(c) and (e), and 403.508(4)(b), F.S.>

5. “Any motion to intervene must be sent to ________, Administrative Law Judge, Division of Administrative Hearings, ________” <current address> “, Tallahassee, Florida, ________, and must contain the following: reference to the application number; the case number of the Division of Administrative Hearing; the name, address, and telephone number; and, allegations sufficient to demonstrate the person is entitled to participate in the hearing. The request must be sent by mail to the applicant and all parties. (A list of parties may be obtained from the department’s Siting Coordination Office, ______” <address> “. Those wishing to intervene in these proceedings, unless appearing on their own behalf, must be represented by an attorney or other person who can be determined to be qualified to appear in administrative proceedings pursuant to Chapter 120, F.S., or Rule 28-106.106, F.A.C.”

(6) Notice of Zoning and Land Use Plan Appeal Hearing.

If the applicant intends to appeal to the Board for a variance, pursuant to Section 403.508(1)(f), F.S., because the proposed site is not in compliance with existing land use plans or zoning ordinances, newspaper notice shall be provided which complies with all the requirements of subsection (5) above, except that:

(a) The notice shall be published at least 30 days prior to the zoning or land use plan appeal hearing before the Board, in a newspaper in the jurisdiction of the local government which denied the zoning or land use plan approval;

(b) The heading of the notice shall read:

“Notice of Hearing Before the Governor and Cabinet to Determine Whether it is in the Public Interest to Authorize a Nonconforming Use of Land in ________ County (or city) as a Site for an Electrical Power Plant.”

(c) The following statement shall be included in lieu of subparagraphs (5)(a)2. and 4. above:

“Pursuant to Section 403.508, F.S., a zoning appeal or land use plan appeal hearing will be held before the Board on ______, 19__ at _____, in ________ County, Florida at ____ __.m. An application for rezoning or change or amendment of the existing land use plan has been denied by ________” <name of local government> “and, upon a finding that it is in the public interest to authorize a nonconforming use of the land as a site for an electrical power plant at this hearing, the Governor and Cabinet are empowered to authorize a nonconforming use or variance. If such a change in land use is granted the responsible zoning or planning authority shall not thereafter change or apply such land use plans or zoning ordinances so as to impair or prevent the proposed use of the site unless certification of the site is subsequently denied.”

(d) Identification of the land use plans or zoning ordinance which are the subject of the appeal shall be provided.

(f)(7) Notice of Certification Hearing, DEP Template 62-17.281(6), effective _______, adopted and incorporated herein and available at (link). This notice shall be published at least Not less than 65 days before prior to any scheduled certification hearing, notice shall be published as required by Section 403.5115, F.S., and shall bear the heading, “Notice of Certification Hearing on an Application to Construct and Operate an Electrical Power Plant on a Site to be located near ______, Florida.”. The heading shall be in bold letters not less than 3/8 inches high. The notice shall contain the following information:

(a) A map meeting the requirements in paragraph (3)(a) above showing the location of the site and any associated facilities or corridors.

(b) Text which is the same point size as standard news items and which substantially states the following:

1. Same as subparagraph (3)(b)1., above.

2. A statement that: “Pursuant to Section 403.508, F.S., the certification hearing is scheduled to be heard by the Division of Administrative Hearings on _____ __, ___” <date> “, at _____” <location> “, in ______” <county or city> “, Florida, at ___:___ __.m.” <time> “in order to take written or oral testimony on the effects of the proposed electrical power plant or any other matter appropriate to the consideration of the site and associated facilities”. The Public Service Commission has previously determined the need for the facility at a separate hearing and need will not be an issue at this hearing. Written comments may be sent to ________,” <Administrative Law Judge> “, at _______” <Address> “on or before ______” <date>.

3. Same as subparagraph (3)(b)2. above, pertaining to where a copy of the applicaton can be reviewed.

4. A statement indicating where the department’s Written Analysis and any written direct testimony will be available for public inspection at least five days prior to the hearing, as required by subsection 62-17.141(2), F.A.C.

5. “Any person wishing to participate in the proceedings, either as a party or without party status, must follow either Section 403.508(3) or (4)(b), F.S.” <Here list the language of Sections 403.508(3)(c) and (e), and 403.508(4)(b), F.S.>

6. A motion to intervene must be sent to ________, Administrative Law Judge, Division of Administrative Hearings, ________” <current address> “, Tallahassee, Florida, ________, and must contain the following: reference to the application number; the case number of the Division of Administrative Hearings; the name, address, and telephone number of the person filing the motion; and, allegations sufficient to demonstrate that the person filing the motion is entitled to participate in the hearing. Copies must be sent by mail to the applicant and all parties. (A list of parties may be obtained from the department’s Siting Coordination Office, ________” <address>.) Those wishing to intervene in these proceedings, unless appearing on their own behalf, must be represented by an attorney or other person who can be determined to be qualified to appear in administrative proceedings pursuant to Chapter 120, F.S., or Rule 28-106.106, F.A.C.”

7. “Pursuant to Section 403.508(6), F.S., the certification hearing may be cancelled if, within 29 days of the certification hearing, all parties to the proceeding stipulate that there are no disputed issues of fact or law to be raised, and the department or the applicant requests that the administrative law judge cancel the certification hearing. If the administrative law judge grants the request, the department shall prepare and issue a final order in accordance with Section 403.509(1)(a), F.S.”

(c) Where applicable, the following statements:

1. “Certification of this power plant would allow construction and operation of a new source of air pollution which would consume an increment of air quality resources.”

2. “The department’s review has separately resulted in an assessment of the prevention of significant deterioration (PSD) impacts and a determination of the Best Available Control Technology (BACT)” <and, where applicable, the phrase: “an assessment of a non-attainment area review and a determination of Lowest Achievable Emission Rate (LAER)”> “necessary to control the emission of air pollutants from this source. The certification hearing may be consolidated with any proceeding relating to the Department of Environmental Protection’s preliminary determination for granting a federally required new source review, PSD, or Air Operation Permit.”

3. “The certification hearing may include consideration of a federally required Wastewater Permit pursuant to Section 403.5055, F.S.”

4. “Pursuant to Section 403.509(5), F.S., _______” <Name of Applicant> “intends to use, connect to, or cross over properties or works of the following agencies: ________.”

5. “Pursuant to Section 403.511(2), F.S., ________” <Name of Applicant> “seeks a variance or other regulatory relief from ________” <Rule, Agency> “for the purpose of ________.”

6. A statement, where appropriate to the power plant project, that, while an associated facility corridor of up to one mile in width may be certified, the directly affected properties will be within a final right-of-way no greater than ______ feet in width within that corridor;

(d) Where appropriate, a statement shall be included indicating the status of the Coastal Zone Management consistency determination, if any.

(g)(8) Notice of Cancellation of Certification Hearing, DEP Template 62-17.281(7), effective ______, adopted and incorporated herein and available at (link). This notice shall be published no later than 3 days before the date of the originally scheduled certification hearing.

(a) A map which complies with the requirements of (3)(a) showing the location of the site.

(b) The text for the notice shall substantially read: 

1. “The certification hearing originally scheduled for ____ <date>, has been cancelled.  In accordance with the Florida Electrical Power Plant Siting Act, Section 403.508(6), F.S., on ____ <date> all parties to this proceeding stipulated that there are no disputed issues of material fact or law to be raised at the certification hearing. Accordingly, on ____ <date> Administrative Law Judge______ <name> issued an order granting a request to cancel the hearing and relinquish jurisdiction to the department.

2. Pursuant to Section 403.509(1)(a), F.S., the department will issue a final order within 40 days of the Administrative Law Judge’s order.

3. “For information, contact:___ <name>, ____ <phone number and e-mail address> at the Department of Environmental Protection, 2600 Blair Stone Road, M.S. 48, Tallahassee, Florida 32399-2400.”

(h)(9) Modifications Notices.

1.(a) Notice of Request for Modification, DEP Template 62-17.281(8), effective _____________, adopted and incorporated herein and available at (link). If required by the Ddepartment, the applicant shall publish this notice within 21 days after the filing of a request for modification, the applicant shall publish notice of the request in a newspaper of general circulation in the county or counties which the modification would affect.

2.(b) Notice of Modification Hearing, DEP Template 62-17.281(9), effective _____________, adopted and incorporated herein and available at (link). If a hearing is to be conducted in response to a petition for modification, then, pursuant to Section 403.5115(1)(g)2., F.S., newspaper This notice shall be published no later than 30 days before prior to the hearing., and shall comply with the following:

1. The notice shall bear the heading, “Notice of Hearing on a Proposed Modification of the ________” <name of facility> “Certified Electrical Power Plant”. The heading shall be in bold letters not less than 3/8 inches high.

2. The notice shall contain a map showing the location of the site or part of the site or of any associated facilities or transmission line corridor proposed to be modified.

3. The notice shall contain text which is the same point size as standard news items and which substantially provides the following information:

a. The name of the facility, a brief description of the proposed modification, the date the modification was proposed, and the appropriate case numbers.

b. A list of places where copies of the modification request and pertinent supporting documents are available for public inspection and copying at cost during normal business hours. The list shall include the addresses of the main and the local regulatory district office of the department, the general business offices of the applicant and the local business office of the applicant serving the area of the site and any associated facilities.

c. A statement that: “Pursuant to Section 403.516, F.S., the hearing will be held by the Division of Administrative Hearings on ____ __, ___” <date> “, at ________” <location> “, in ________” <county or city> “, Florida, at ___:___ __.m.” <time> “in order to receive evidence on the proposed modification of certification. Written comments may be sent to ________, Administrative Law Judge, at ________” <address> “on or before ________” <date>.

d. “Any person wishing to participate in the proceedings, either as a party or without party status, must follow either Section 403.508(3) or (4), F.S.” <Here list the language of Sections 403.508(3)(c) and (4), F.S.>

e. “Any motion to intervene must be sent to ________, Administrative Law Judge, Division of Administrative Hearings, ________” <current address> “, Tallahassee, Florida, ________. The motion must contain the following: reference to the application number; the case number of the Division of Administrative Hearings; the name, address, and telephone number of the person filing the motion; and, allegations sufficient to demonstrate that the person filing the motion is entitled to participate in the hearing. Copies must be sent by mail to all parties. (A list of parties may be obtained from the department’s Siting Coordination Office, ________” <address>.) “Those wishing to intervene in these proceedings, unless appearing on their own behalf, must be represented by an attorney or other person who can determined to be qualified to appear in administrative proceedings pursuant to Chapter 120, F.S., or Rule 28-106.106, F.A.C.”

f. Same as subparagraph (5)(b)6. above.

g. Where applicable, a statement reflecting that the modification would result in the use of, connection to, or the crossing over of properties and works of agencies, with a listing of the agencies.

h. Where applicable, a statement reflecting the licensee’s request for a variance or other regulatory relief from the rule of an agency, with a listing of the name, the rule, and the purpose of the variance or other relief.

i. Where applicable, a statement pertaining to any new corridor or modified corridor proposed for certification under the modification explaining that, while an associated facility corridor of up to one mile in width may be approved under the modification, the directly affected properties will be within a final right-of-way no greater than ____ feet in width within that corridor.

(i)(10) Notices for a Supplemental Application.

1.(a) Filing of a Ssupplemental Aapplication, DEP Template 62-17.281(10), effective _____________, adopted and incorporated herein and available at (link).

1. The notice shall bear the heading, “Notice of Application for Construction and Operation of an Addition to the Power Plant Facility Located Near ________, Florida.”, in bold letters not less than three-eighths (3/8) inches high. The applicant shall publish this notice within 21 days after filing of the notice with the Department.

2. The notice shall contain the following information:

a. The name and brief description of the new power plant facility to be located on the site, including type and capacity to be located on the site;

b. A map which complies with the requirements of paragraph (3)(a) showing the location of the site;

c. A list of places where copies of the application are available for public inspection and copying at cost during normal business hours. The list shall include the addresses of the mail and those local regulatory district offices of the department, those public libraries, those general business offices of the applicant, and those local business offices of the applicant nearest to the site;

3. Text which is the same point size as standard news items and which substantially states the following:

a. A statement that: “A supplemental application numbered ______ for certification to authorize construction and operation of an addition to an electrical power plant near ________, Florida, is now pending before the Division of Administrative Hearings pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Part II, Florida Statutes.”

b. A statement that: “A public hearing on the effects of the construction and operation of an additional electrical power plant that would be located on the previously certified site will be announced in the future. Any person wishing to participate in the proceedings, as a party or without a party status, must follow Sections 403.508(3) and (4)(b), F.S.” <Here list the language of Section either 403.508(3)(c) or (e), and 403.508(4)(b), F.S.>

c. A statement that: Any notice of intent to be a party or motion to intervene must be sent to the Division of Administrative Hearings, ________” <current address> “, Tallahassee, Florida, ________, and must contain the following: reference to the application number; the case number of the Division of Administrative Hearings; the name, address, and telephone number of the person wishing to intervene; and, allegations sufficient to demonstrate the person is entitled to participate in the hearing. Copies must be sent by mail to all parties. A list of parties may be obtained from the department’s Siting Coordination Office, ________” <address> “. Those wishing to intervene in these proceedings, unless appearing on their own behalf, must be represented by an attorney or other person who can be determined to be qualified to appear in administrative proceedings pursuant to Chapter 120, F.S., or Rule 28-106.106, F.A.C.”

2.(b) Notice of Certification Hhearing, DEP Template 62-17.281(11), effective ______, adopted and incorporated herein and available at (link). The notice of certification hearing for a supplemental application shall be titled as such and be substantially the same as required in paragraph subsection (f)(7) above, with text approved by the department. This notice shall be published at least 65 days before any scheduled certification hearing.

(j)(11) Notices for Certification of an Existing Power Plant Site.

The same notices as specified in paragraphs subsections (a)(1) through (g)(8) above shall be published, as applicable, with text tailored to fit the specific project.

(2)(12) No change.

Rulemaking Authority 403.504(1), (2), 403.517(1)(a) FS. Law Implemented 403.504(2), (5), (9), 403.5063, 403.5115(4), 403.516(1), 403.517, 403.5175 FS. History–New 2-1-99, 2-13-08,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ann Seiler, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ryan E. Matthews, Esq., Interim Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 19, 2017

DATE OF NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 17, 2017