Definitions, Application for Corridor Certification, Recipients, Local Government Informational Meetings, Alternate Corridors, Criteria for Rejection, Postcertification - Compliance Reviews, Monitoring and Reporting, Amendments to Application, ...
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-807.200Definitions
62-807.400Application for Corridor Certification, Recipients
62-807.470Local Government Informational Meetings
62-807.530Alternate Corridors, Criteria for Rejection
62-807.570Postcertification – Compliance Reviews, Monitoring and Reporting
62-807.600Amendments to Application
62-807.670Specifications and Text for Newspaper Notice
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 47, March 8, 2013 issue of the Florida Administrative Register.
In addition, the Templates referred to in Rule 62-807.670 have been modified to correct the template names, identify the referencing rule, and provide for an effective date.
62-807.200 Definitions.
Words, terms, and phrases used in this chapter, unless otherwise indicated, have the meaning set forth in Section 403.9403, F.S. In addition, the following words, when used in these rules, have the indicated meanings:
(1) through (2) No change.
(3) "Alternate corridor" means an area proposed by a party other than the applicant under Section 403.9412, F.S., within which all or part of an associated pipeline right-of-way is to be located and that is different from the pipeline corridor proposed by the applicant. Any alternate corridor proposed by the applicant shall be treated as an amendment to the application. The width of the alternate corridor proposed for certification for a pipeline may be the width of the proposed right-of-way or a wider boundary not to exceed the width referenced in Section 403.94055(2), F.S.
(4) through (10) No change.
Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.94055, 403.9408, 403.941, 403.9411, 403.9412, 403.9413, 403.9416 403.9403 FS. History–New 8-12-93, Formerly 17-807.200, Amended________.
62-807.400 Application for Corridor Certification, Recipients.
(1) No change.
(a) through (b) No change.
(c) The applicant shall submit the application and any amendments thereto to a main public library in each county within which the corridor is located. The proximity of the library to the corridor may be considered by the applicant in selection of the library.
(c)(d) Prior to application filing, the applicant may request a meeting between the applicant, the Department and any potentially interested statutory party to define the scope of those entities’ interests and the information they will need to perform the review to determine whether specific informational requirements may be waived, modified or reduced in scope.
(2) The application shall provide information concerning the corridor, including maps delineating the precise boundary of the corridor, the beginning and end points of the corridor and the locations of the corridor that fall within existing rights-of-way if fee reductions under the provisions of Section 403.9421, F.S., are sought.
(3) through (5) No change.
Rulemaking Authority 403.9404(1) FS. Law Implemented 403.94055, 403.9407, 403.9415 FS. History–New 8-12-93, Formerly 17-807.400, Amended________.
62-807.470 Local Government Informational Meetings.
(1) through (2) No change.
(3) Any local government intending to conduct an informational public meeting pursuant to Section 403.94243, F.S., may shall coordinate with the Department and the applicant in the scheduling of that meeting, to assure availability of the Department and the applicant, if so desired.
(4) No change
Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9424 FS. History–New 8-12-93, Formerly 17-807.470, Amended___________.
62-807.530 Alternate Corridors, Criteria for Rejection.
(1) through (3) No change.
(4) No change.
(a) No change.
(b) The quality of the documents presented in support of a proposed alternate corridor render all or part of the material illegible of the filing is so poor as to make it difficult for the Department to evaluate the proposal; or
(c) No change
(5) through (8) No change.
(9) Notice of the rescheduled certification hearing must be published pursuant to Section 403.9411(2), F.S., no later than 80 days before the date set for the hearing.
(9)(10) No change.
(11)A reminder notice of the rescheduled certification hearing must be published pursuant to Section 403.9411(1)(c), F.S., no more than 10 days before the date set for the hearing.
Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9412 FS. History–New 8-12-93, Formerly 17-807.530, Amended_________.
62-807.570 Postcertification – Compliance Reviews, Monitoring and Reporting.
(1) No change.
(2) When the final order or conditions of certification require the applicant to submit final project design details as part of a post-certification review in which agencies with regulatory jurisdiction monitor for continuous compliance with their non-procedural requirements, the following procedures will apply unless other specific procedures are required in the final order or conditions of certification: Final project design details may be required as part of a post-certification review in which agencies with regulatory jurisdiction monitor for continued compliance with applicable non-procedural requirements. Unless otherwise stated in a condition, the post-certification review procedures will operate as follows:
(a) through (d) No change.
(3) through (8) No change.
Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9416(2), (3) FS. History–New 8-12-93, Formerly 17-807.570, Amended_________.
62-807.600 Amendments to Application.
No change.
(1) The following applies to any pre-certification amendments:
(a) through (d) No change.
(e) If the applicant files an amendment is filed after the submission of agency reports to the Department, the Department shall may request that the Administrative Law Judge adjust the certification schedule to the extent additional time is necessary to allow for agencies to the conduct of a sufficiency review of the amended application and submit their revised revision of agency reports.
(f) If the applicant files an amendment is filed after the issuance of the Department's written analysis, the Department shall may request that the Administrative Law Judge adjust the certification proceeding schedule to the extent additional time is necessary to allow review of the effect of the such a filing on the overall application review process. The Such a request shall take into account whether the or not such amendment was made is in response to previously considered matters such as alternate filings.
(g) No change.
(2) No change.
Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9403(4), 403.94055(1), 403.9413 FS. History–New 8-12-93, Formerly 17-807.600, Amended__________.
62-807.670 Public Noticing Requirements.
(1) The following forms are adopted and incorporated by reference and shall be used as outlined below. The applicant shall provide newspaper notice as required by Section 403.9411, F.S., using the templates forms listed below. Templates Form may be obtained from the Department of Environmental Protection, Siting Coordination Office, or by accessing the Office’s web site at http://www.dep.state.fl.us/siting, or at the hyperlink provided below. The content of any notice may be different than that provided in this section so long as the deviation does not materially and substantially alter the substance of such notice. All notices shall, with the exception of the Petition to Modify notice, be published in accordance with Section 403.9411(1)(d).:
(a) Notice of Filing Certification of Application for Natural Gas Pipeline Corridor(s),: DEP Template 62-807.670(1)(a) Form 62-807.670(1) effective [effective date], adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-________. This notice shall be published within 15 days after application has been determined complete.
(b) Notice of Certification Hearing On Proposed Natural Gas Pipeline Corridor(s), DEP Template 62-807.670(1)(b) Form 62-807.670(2) effective [effective date], adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-________. This notice shall be published at least 80 days prior to the date set for the certification hearing.;
(c)4. Reminder Notice for Originally Scheduled or Rescheduled Certification Hearing – DEP Template 62-807.670(1)(c) Form 62-807.670(3) effective [effective date], adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-________. This notice shall:
1. through 2. No change.
3. Be published no more than 10 days before the date set for the hearing.
(d) Notice of Rescheduled Natural Gas Pipeline Certification Hearing Due to Filing of Alternate Corridor(s) - DEP Template 62-807.670(1)(d) Form 62-807.670(4) effective [effective date], adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-________. This notice shall be published at least 80 30 days prior to the rescheduled certification hearing.
(e) Notice of Receipt of a Petition to Modify Certified Natural Gas Pipeline Corridor: The applicant must consult with the Department to determine whether such notice is necessary, and if so, the size of the newspaper notice necessary to be published. If such a notice is necessary, DEP Template 62-807.670(1)(e) Form 62-807.670(5) effective [effective date], adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-________, shall be used. This notice shall:
1. through 4. No change.
(2) No change.
Rulemaking Authority 403.9404(1), (2), 403.9411(1)(f) FS. Law Implemented 403.9411(1), 403.9412, 403.9418, 403.815 FS. History–New 8-12-93, Formerly 17-807.670, Amended__________.
