The purpose and effect of the proposed rule amendment (OGC 12-1178) will be to repeal this rule as it is redundant and no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-297.401Compliance Test Methods

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment (OGC 12-1178) will be to repeal this rule as it is redundant and no longer necessary.

SUMMARY: The rule proposed to be repealed lists the air emissions test methods to be used where a compliance test is required by a department air pollution rule or air permit. This list of test methods in Rule 62-297.401, F.A.C., is no longer necessary because the required test method for a compliance test is now prescribed in each rule that requires a compliance test to be performed. The state air emissions opacity test method “DEP Method 9” is being repealed in order for businesses to be able to rely solely on a comparable federal air emissions opacity test method, “EPA Method 9”, so that businesses will not be subject to both state and federal opacity test methods.

OTHER RULES INCORPORATING THIS RULE: 62-160.110; 62-296.320; 62-296.401; 62-296.402; 62-296.403; 62-296.404; 62-296.405; 62-296.406; 62-296.408; 62-296.409; 62-296.410; 62-296.412; 62-296.415; 62-296.416; 62-296.501; 62-296.502; 62-296.503; 62-296.504; 62-296.505; 62-296.506; 62-296.507; 62-296.508; 62-296.510; 62-296.511; 62-296.512; 62-296.513; 62-296.514; 62-296.515; 62-296.516; 62-296.570; 62-296.600; 62-296.701; 62-296.702; 62-296.703; 62-296.704; 62-296.705; 62-296.706; 62-296.707; 62-296.708; 62-296.709; 62-296.710; 62-296.711; and 62-296.712, F.A.C.

EFFECT ON THOSE OTHER RULES: The repeal of Rule 62-297.401, F.A.C., will require rule citation changes from Chapter 62-297 or Rule 62-297.401, F.A.C., to Rule 62-204.800, F.A.C., in the referencing rules. The repeal of “DEP Method 9” will require that, where included in the rule, all two-minute period opacity limits be replaced by equivalent federal six-minute period opacity limits as required by the federal “EPA Method 9”.

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 determined that repeal of this rule containing a redundant list of air emission test methods will not increase regulatory costs for any entity.

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 FS.

LAW IMPLEMENTED: 403.031, 403.061, 403.087 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: Cindy Phillips, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400, Telephone: [phone], E-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-297.401 Compliance Test Methods.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.700(6)(b), Amended 6-11-93, Formerly 17-297.401, Amended 11-23-94, 1-1-96, 3-13-96, 10-7-96, 3-2-99, Repealed__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Phillips, Division of Air Resource Management

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 27, 2014