The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-45.001Authority, Intent and Policy

62-45.020Scope

62-45.030Prohibitions

62-45.040Definitions

62-45.050Permit Requirement

62-45.060Procedure to Obtain Permit

62-45.070Phase I

62-45.080Phase II

62-45.090Malfunctions or Emergencies

62-45.100Suspension and Revocation

62-45.110Modifications

62-45.120Renewals

62-45.130Liabilities

62-45.140Transfer of Permit

62-45.150General Technical Guidance

62-45.160Standards for Issuance or Denial of a Permit

62-45.170Sediment Criteria and Management Practices

62-45.180Mixing Zones

62-45.190Port-Wide Long-Term Maintenance Dredged Material Management Plan

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: Rule 62-45.001, F.A.C. describes the authority and intent of Chapter 62-45, F.A.C. to establish a permitting system for maintenance dredging in deep water commercial navigation areas. Rule 62-45.020, F.A.C. specifies that the permit system established under Chapter 62-45, F.A.C. applies only to ports of Ft. Pierce, Jacksonville, Miami, Palm Beach, Panama City, Pensacola, Port Canaveral Port Everglades, Port Manatee, Port St. Joe, St. Petersburg, and Tampa. Rule 62-45.030, F.A.C. describes the prohibitions imposed in Chapter 62-45, F.A.C. Rule 62-45.040, F.A.C. provides definitions for terms used in Chapter 62-45, F.A.C. Rule 62-45.050, F.A.C. specifies that unless exempt, maintenance dredging within port waters shall not be undertaken without a permit issued under Chapter 62-45, F.A.C. or Chapter 62-4, F.A.C. Rule 62-45.060, F.A.C. describes the procedures used to obtain a permit for maintenance dredging. Rule 62-45.071, F.A.C. describes the monitoring and recordkeeping requirements of Phase I of the permit. Rule 62-45.080, F.A.C. describes the permit conditions of Phase II of the permit. Rule 62-45.090, F.A.C. states that any malfunction of equipment or structures associated with permitted maintenance dredging, maintenance dredging material transportation, or storage resulting in violation of the permit or of water quality standards must be reported to the Department within 24 hours of the violation. Rule 62-45.100, F.A.C. describes the grounds for suspension or revocation of the permit. Rule 62-45.110, F.A.C. specifies the process for requesting a modification of the permit. Rule 62-45.120, F.A.C. states that a permit issued under Chapter 62-45, F.A.C. may not be renewed; however, a permittee may apply for a new permit. Rule 62-45.130, F.A.C. specifies that the permittee is responsible for implementing all terms and conditions of the permit and is liable for any permit violations. Rule 62-45.140, F.A.C. specifies that a permit may not be transferred without written authorization by the Department. Rule 62-45.150, F.A.C. provides general technical guidance for data acquisition, analysis and reporting in connection with the permit. Rule 62-45.160, F.A.C. provides a description of the standards to determine issuance or denial of a permit. Rule 62-45.170, F.A.C. provides criteria to be used in evaluation of maintenance dredging and disposal practices. Rule 62-45.180, F.A.C. specifies the standards by which the Department may propose or approve of mixing zones. Rule 62-45.190, F.A.C. describes the requirements for developing a Port-Wide Long-Term Maintenance Dredged Material Management Plan. These rules are being repealed because the statutory exemption in 403.813(3) has replaced the need for a port maintenance dredging permit or, if necessary, permitting could be accomplished under the Department’s Environmental Resource Permitting Program. Chapter 62-45, F.A.C. is incorporated by reference in Rules 62-4.050, 62-312.200, 62-330.100, 62-312.050, and 62-312.082, F.A.C. Those rule sections will have to be updated to remove the references to Chapter 62-45, 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: repeal of these rules will not have an adverse impact or increase regulatory costs on any entity.

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, 403.087, 403.805 FS.

LAW IMPLEMENTED: 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.151, 403.161, 403.816, 403.901-403.915, 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: Lainie Edwards, 2600 Blair Stone Road, MS 3590, Tallahassee, FL, 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-45.001 Authority, Intent and Policy.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.01, 17-45.001, Repealed________.

 

62-45.020 Scope.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS.History–New 3-28-84, Amended 10-16-84, Formerly 17-45.02, 17-45.020, Repealed______.

 

62-45.030 Prohibitions.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.088, 403.816 FS.History–New 3-28-84, Formerly 17-45.03, 17-45.030, Repealed__________.

,

62-45.040 Definitions.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS.History–New 3-28-84, Formerly 17-45.04, 17-45.040, Repealed______.

 

62-45.050 Permit Requirement.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.05, 17-45.050, Repealed__________.

 

62-45.060 Procedure to Obtain Permit.

Rulemaking Specific Authority 403.061(7), 403.087(6), 403.805(1) FS.Law Implemented 403.087(6), 403.816 FS. History–New 3-28-84, Amended 10-16-84, 8-28-85, Formerly 17-45.06, 17-45.060, Repealed____..

 

62-45.070 Phase I.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Amended 10-16-84, Formerly 17-45.07, 17-45.070, Reppealed________.

62-45.080 Phase II.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS.History–New 3-28-84, Formerly 17-45.08, 17-45.080, Repealed______.

 

62-45.090 Malfunctions or Emergencies.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS.History–New 3-28-84, Formerly 17-45.09, 17-45.090, Repealed_________.

 

62-45.100 Suspension and Revocation.

Rulemaking Specific Authority 403.061, 403.087, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.151, 403.161, 403.816, 403.901-403.915 FS. History–New 3-28-84, Formerly 17-45.10, 17-45.100, Repealed__________.

 

62-45.110 Modifications.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS.Law Implemented 403.816 FS. History–New 3-28-84, Amended 10-16-84, Formerly 17-45.11, 17-45.110, Repealed_______.

 

62-45.120 Renewals.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.12, 17-45.120, Repealed__________.

 

62-45.130 Liabilities.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.13, 17-45.130, Repealed_________.

 

62-45.140 Transfer of Permit.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.14, 17-45.140, Repealed__________.

 

62-45.150 General Technical Guidance.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.15, 17-45.150, Repealed_________.

 

62-45.160 Standards for Issuance or Denial of a Permit.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Amended 10-16-84, Formerly 17-45.16, 17-45.160, Repealed_________.

 

62-45.170 Sediment Criteria and Management Practices.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.17, 17-45.170, Repealed_________.

 

62-45.180 Mixing Zones.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.061(11), 403.816 FS. History–New 3-28-84, Formerly 17-45.18, 17-45.180, Repealed________.

 

62-45.190 Port-Wide Long-Term Maintenance Dredged Material Management Plan.

Rulemaking Specific Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.19, 17-45.190, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lainie Edwards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Jonathon P. Steverson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 09/08/2015