The purpose and effect of the proposed rule amendment (OGC 11-1088) will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-212.600: Sulfur Storage and Handling Facilities
62-212.710: Air Emissions Bubble

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment (OGC 11-1088) will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: The proposed rules to be repealed involve requirements for sulfur storage and handling facilities and procedures for obtaining an Air Emission Bubble. These rules are outdated and unnecessary preconstruction review. OTHER RULES INCORPORATING THIS RULE: Rule 62-212.600, F.A.C, is referenced in subsection 62-212.300(2), F.A.C.

EFFECT ON THOSE OTHER RULES: The rule repeal would have the intended impact on the referencing rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that repeal of these rules will not have an adverse impact on small business or likely increase 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.

This rulemaking will not require ratification by the Florida Legislature because the rules are being repealed to reduce unnecessary regulatory costs.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.08735 FS.

A HEARING WILL BE HELD BEFORE THE ENVIRONMENTAL REGULATION COMMISSION AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 8, 2011, 9:00 a.m.

PLACE: Tallahassee City Commission Chambers, Second Floor, City Hall, 300 S. Adams St., Tallahassee, Florida

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 48 hours before the workshop/meeting by contacting: Cindy Phillips, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone [phone], E-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

The department will accept public comments on the proposed rulemaking, within a 21 day time period, beginning the day following publication of this notice (day one). Comments may be sent to Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, Telephone [phone], E-mail [e-mail].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, Telephone [phone]., E-mail: [e-mail] or Cindy Phillips, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone [phone], E-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-212.600 Sulfur Storage and Handling Facilities.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.540, 17-212.600, Amended 11-23-94, 1-1-96, 3-13-96, 8-17-00, Repealed________.

 

62-212.710 Air Emissions Bubble.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.08735 FS. History–New 5-20-97, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Halpin, Director, Division of Air Resource Management

NAME OF PERSON WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2011