The Department is proposing to amend two rules in Chapter 62-701, F.A.C., Solid Waste Management Facilities, which were adopted in March 2022. The purpose of this rule development is to add a word in Rule 62-701.805, F.A.C., ....  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NOS.:RULE TITLES:

    62-701.805Coal Combustion Residuals Facility Permitting Requirements and Procedures

    62-701.900Forms

    PURPOSE AND EFFECT: The Department is proposing to amend two rules in Chapter 62-701, F.A.C., Solid Waste Management Facilities, which were adopted in March 2022. The purpose of this rule development is to add a word in Rule 62-701.805, F.A.C., that was inadvertently omitted in the Notice of Change during the previous rulemaking and adding a term for clarification. Additionally, the Department is correcting three rule citations on Form 62-701.900(37) Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units due to subsection renumbering in Rule 62-701.805, F.A.C.

    SUBJECT AREA TO BE ADDRESSED: Specific adjustments to the rule include amendments to subsection 62-701.805(8) Closure and Post Closure Care in subparagraph 62-701.805(8)(b)1., F.A.C., revising the date of Form 62-701.900(37), adopted by reference in this rule, and updating the link to the new form. Additionally, in subsection 62-701.805(12) CCR Permit Application Fees and Terms, the Department is adding the word “not” to sub-subparagraph 62-701.805(12)(c)2.b., F.A.C., which was inadvertently omitted during the coding in the Notice of Change for that rule published on January 5, 2022. In paragraph 62-701.805(13)(d), the term “website” is being added for clarification. In the Forms Rule 62-701.900, F.A.C., Form 62-701.900(37), is being updated with a new effective date. The revisions to Form 62-701.900(37) correct citations on pages 5 and 6 that stated Rule 62-701.805(3)(c), F.A.C., to correctly cite Rule 62-701.805(2)(c), F.A.C., regarding the Quality Assurance/Quality Control (QA/QC) plan, due to renumbering of the subsection.

    RULEMAKING AUTHORITY: 403.061, 403.704, 403.707, 403.7125, FS.

    LAW IMPLEMENTED: 403.702, 403.703, 403.704, 403.707, 403.7125, FS.

    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kim Curran at (850)245-8849 or Kimberley.Curran@FloridaDEP.gov. The rule draft can also be accessed at https://floridadep.gov/waste/permitting-compliance-assistance/content/chapter-62-701-fac-rulemaking.

     

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.