The purpose of this proposed rule revision is to replace the existing re-enrollment requirements with a timed update of vegetable and agronomic crop best management practices against which enrolled producers will be evaluated for the purposes of ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NO.:RULE TITLE:

5M-8.007Previously Submitted Notices of Intent to Implement

PURPOSE AND EFFECT: The purpose of this proposed rule revision is to replace the existing re-enrollment requirements with a timed update of vegetable and agronomic crop best management practices against which enrolled producers will be evaluated for the purposes of implementation verification. All existing enrollments under this rule chapter will remain valid.

SUMMARY: The proposed rule revision will establish a new date of October 6, 2019, as the deadline for use of the adopted 2015 Vegetable and Agronomic Crop manual to serve as the basis to verify the implementation of best management practices.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon past experiences with developing voluntary Best Management Practices based on generally accepted industry practices. Additionally, no interested party submitted additional information regarding the economic impact.

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: 403.067(7)(c)2 and (d)2; 570.07(10) and (23), FS.

LAW IMPLEMENTED: 403.067(7)(d)2.c., 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: Stan Posey, Deputy Director, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street (MS E1), Tallahassee, Florida 32399. Telephone: [phone], FAX: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-8.007 Previously Submitted Notices of Intent to Implement Submitted Prior to October 7, 2015.

In order to retain a presumption of compliance with state water quality standards:

(1) Producers who submitted a Notice of Intent to Implement Best Management Practices prior to October 7, 2015 shall be subject to the manual incorporated by reference in subsection 5M-8.002(1), F.A.C. as the basis for verification of implementation of BMPs in any review conducted after October 6, 2019. Producers who are not described in subsections (2) or (3) below who submitted a Notice of Intent to Implement Best Management Practices prior to the effective date of this rule must:

(a) Within two years of the effective date of this rule, submit a new NOI and BMP checklist in accordance with Rule 5M-8.004, F.A.C.; and,

(b) Implement the selected BMPs on the checklist submitted to the Department.

(2) Producers who are not described in subsection (3) below who submitted a Notice of Intent to Implement Best Management Practices prior to the effective date of this rule and that have a Water Management District-permitted, operational retention/detention stormwater management system that treats the production runoff water must:

(a) Within four years of the effective date of this rule, submit a new NOI and BMP checklist in accordance with Rule 5M-8.004, F.A.C.; and,

(b) Implement the selected BMPs on the checklist in accordance with Rule 5M-8.004, F.A.C.

(2)(3) Producers described below who, prior to the effective date of this rule, submitted a Notice of Intent to Implement Best Management Practices prior to October 7, 2015 shall be subject to the manual incorporated by reference in subsection 5M-8.002(1), F.A.C., but do not have to re-enroll and the existing NOI continues to provide a presumption of compliance with state water quality standards so long as:

(a) They grow an annual crop that is fertilized with less than 100 lbs N/acre; or

(b) They grow strawberries or cucurbits on plastic mulch with drip irrigation, and apply greater than 75% of the nitrogen fertilizer via fertigation at a rate that does not exceed 150 lbs N/acre per season; or

(c) They have a Conservation Plan developed or approved by Natural Resources Conservation Service that has been reviewed within the past five years and updated as necessary; or

(d) They grow vegetable and/or agronomic crops within the permit boundaries of the Everglades Agricultural Area or C-139 Western Basins Area and have been issued a permit under Chapter 40E-63, F.A.C.

(3) All Notices of Intent to Implement Best Management Practices shall remain valid and effective until withdrawn, amended, or terminated.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-7-15, Amended _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steve Dwinell, Director, Office of Agricultural Water Policy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2017

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