The proposed rule amendments to Chapter 62-256, F.A.C., involve changing the terms "polyethylene black plastic mulch" and "polyethylene plastic mulch" to the term " polyethylene agricultural plastic" to be consistent with Section 403.707, F.S.  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NO: RULE TITLE
    62-256.300: Prohibitions
    62-256.700: Open Burning Allowed

    PURPOSE AND EFFECT: The proposed rule amendments to Chapter 62-256, F.A.C., involve changing the terms “polyethylene black plastic mulch” and “polyethylene plastic mulch” to the term “polyethylene agricultural plastic” to be consistent with Section 403.707, F.S.

    SUMMARY: The proposed rule amendments make corrections to the department's open burning rules.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

    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.

    SPECIFIC AUTHORITY: 403.061 FS.
    LAW IMPLEMENTED: 403.031, 403.061 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: Tuesday, July 22, 2008, 10:00 a.m.

    PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Director’s Conference Room, 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: Ms. Lynn Scearce at (850)921-9551. 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: Ms. Terri Long at (850)921-9556 or terri.long@dep.state.fl.us

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    62-256.300 Prohibitions.

    (1) No change.

    (2) Prohibition on the Open Burning of Certain Materials.

    (a) No change.

    (b) Notwithstanding the provisions of paragraph 62-256.300(2)(a), F.A.C., certain otherwise prohibited materials may be burned for the training of firefighters in accordance with subsection 62-256.700(4), F.A.C.; waste pesticide containers may be burned in accordance with subsection 62-256.700(5), F.A.C.; animal carcasses may be burned in accordance with subsection 62-256.700(6), F.A.C.; and polyethylene agricultural black plastic mulch, untreated wood pallets, and packing material used in agriculture may be burned in accordance with subsection 62-256.700(7), F.A.C.

    (c) No change.

    (3) through (4) No change.

    Specific Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 7-1-71, Amended 1-11-82, 10-10-82, 7-30-85, 10-20-86, 8-26-87, Formerly 7-5.03, Transferred From 17-5.030, Formerly 17-256.300, Amended 11-30-94, 7-6-05,________.

     

    62-256.700 Open Burning Allowed.

    (1) through (6) No change.

    (7) Open Burning Related to Agricultural Operations.

    (a) Open burning of the following materials used in agricultural operations related to the growing, harvesting or maintenance of crops is allowed provided such burning is conducted in accordance with the provisions of Section 403.707(2)(e), F.S.

    1. Polyethylene agricultural plastic mulch;

    2. through 3. No change.

    (b) No change.

    (8) through (10) No change.

    Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.707 FS. History–New 7-1-71, Amended 1-11-82, 10-10-82, 7-30-85, 10-20-86, 8-26-87, 11-23-88; Formerly 17-5.09, Previously numbered as 17-5.090, Formerly 17-256.700, Amended 11-30-94, 7-6-05,________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management

    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ms. Mimi Drew, Deputy Secretary

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2008

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 4, 2008

Document Information

Comments Open:
6/20/2008
Summary:
The proposed rule amendments make corrections to the department's open burning rules.
Purpose:
The proposed rule amendments to Chapter 62-256, F.A.C., involve changing the terms "polyethylene black plastic mulch" and "polyethylene plastic mulch" to the term " polyethylene agricultural plastic" to be consistent with Section 403.707, F.S.
Rulemaking Authority:
403.061 FS.
Law:
403.031, 403.061 FS.
Contact:
Ms. Terri Long at (850) 921-9556 or terri.long@dep.state.fl.us.
Related Rules: (2)
62-256.300. Prohibitions
62-256.700. Open Burning Allowed