The purpose and effect of the proposed rule amendment 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:
62-672.100: General
62-672.620: Assessment of Existing Perimeter Earthen Dikes
62-672.720: Assessment of Existing Phosphogypsum Stacks
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment 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SUMMARY: Rule 62-672.100, F.A.C., is being repealed as it only describes the intent of the rule and is informational only and not essential for implementation of the provisions of Chapter 62-672, F.A.C. Rule 62-672.620, F.A.C., requires the owners of phosphogypsum stack systems to assess the existing perimeter earthen dikes of such systems and specifies a deadline for the assessments that has now expired. Since the activities have been completed within the expired timeframe, the rule is no longer applicable and is being repealed. Rule 62-672.720, F.A.C., requires owners of existing phosphogypsum stack to assess the safety and stability of the stack and specifies a deadline for completion of the assessments that has now expired. Since the activities have been completed within the expired timeframe, the rule is no longer applicable and is being repealed.
OTHER RULES INCORPORATING THIS RULE: None.
EFFECT ON THOSE OTHER RULES: No Effect.
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: Pursuant to the Department's review under Executive Order 11-01 the repeal of these unnecessary rules will not have any adverse impacts or impose regulatory costs.
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(22), 403.4155 FS.
LAW IMPLEMENTED: 403.061(22), 403.4155 FS.
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: January 11, 2012, 9:00 a.m.
PLACE: Bureau of Mining and Minerals Regulation, Conference Room 124A, 2051 East Paul Dirac Drive, Tallahassee, FL 32310
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: Vishwas Sathe; 13051 N Telecom Parkway, Temple Terrace, FL 33637, [phone], [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 PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vishwas Sathe; 13051 N Telecom Parkway, Temple Terrace, FL 33637; [phone]; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-672.100 General.

Rulemaking Specific Authority 403.061(22), 403.4155 FS. Law Implemented 403.061(22), 403.4155 FS. History–Revised 12-8-72, Formerly 17-9.01, 17-9.001, 17-672.100, Amended 6-28-99, Repealed_________.

 

62-672.620 Assessment of Existing Perimeter Earthen Dikes

Rulemaking Specific Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Amended 7-19-06, Repealed_________.

 

62-672.720 Assessment of Existing Phosphogypsum Stacks.

Rulemaking Specific Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011