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:
62-528.360: Prohibition of Hazardous Waste Injection
62-528.500: General Criteria for Class IV Wells
62-528.520: Waste Analysis For Class IV Wells
62-528.530: Ground Water Monitoring and Response for Class IV Wells
62-528.540: Closure and Post-Closure Requirements for Class IV Wells
62-528.550: Financial Requirements for Class IV Wells
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 62-528.360, F.A.C., is repetitive of Rule 62-528.400, which also prohibits hazardous waste injection. There are no Class IV wells in Florida and new Class IV wells are prohibited. Therefore, Rules 62-528.500, 62-528.520, 62-528.530, 62-528.540 and 62-528.550, F.A.C., are no longer needed. When Rule 62-528.530, F.A.C., is repealed, there will be no monitoring requirements for Class IV wells; however, there are no Class IV wells in Florida. Otherwise, no rules incorporate the six rules proposed here for repeal, and these rules do not affect any other rules outside Chapter 62-528, 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: The repeal of these rules are a result of the Department’s review pursuant to EO 11-01 and will not have an adverse impact or impose a regulatory cost.
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: 373.309, 403.061, 403.087, 403.704, 403.721 FS.
LAW IMPLEMENTED: 373.308, 403.021, 403.061, 403.062, 403.087, 403.161, 403.702, 403.721, 403.722, 403.727 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 6, 2012, 10:00 a.m.
PLACE: Bob Martinez Building, Room 609, Department of Environmental Protection, 2600 Blair Stone Road, 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 5 hours before the workshop/meeting by contacting: Joe Haberfeld, P.G., Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, phone: [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 PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Haberfeld, P.G., Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida, phone: [phone], e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-528.360 Prohibition of Hazardous Waste Injection.

Rulemaking Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.161, 403.721, 403.7222, 403.727 FS. History–New 8-10-95, Repealed_________.

 

62-528.500 General Criteria for Class IV Wells.

Rulemaking Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Formerly 17-28.41, 17-28.410, 62-28.410, Amended 8-10-95, Repealed_________.

 

62-528.520 Waste Analysis for Class IV Wells.

Rulemaking Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Formerly 17-28.43, 17-28.430, 62-28.430, Amended 8-10-95, Repealed_________.

 

62-528.530 Ground Water Monitoring and Response for Class IV Wells.

Rulemaking Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0877, 403.702, 403.721 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.44, 17-28.440, 62-28.440, Amended 8-10-95, 6-24-97, Repealed_________.

 

62-528.540 Closure and Post-Closure Requirements for Class IV Wells.

Rulemaking Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0877, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, Formerly 17-28.45, 17-28.450, 62-28.450, Amended 8-10-95, 6-24-97, Repealed_________.

 

62-528.550 Financial Requirements for Class IV Wells.

Rulemaking Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Formerly 17-28.46, 17-28.460, 62-28.460, Amended 8-10-95, Repealed_________.

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