The proposed rule amendments to Chapter 62-257, F.A.C., includes correction of an erroneous statutory reference. The amendments also revise DEP Form No. 62-257.900(1) to include information required to be listed on the notification pursuant to 40 ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-257.301: Notification Procedure and Fee
62-257.900: Form

PURPOSE AND EFFECT: The proposed rule amendments to Chapter 62-257, F.A.C., includes correction of an erroneous statutory reference. The amendments also revise DEP Form No. 62-257.900(1) to include information required to be listed on the notification pursuant to 40 CFR Part 61, Subpart M.

SUMMARY: The proposed rule amendments make corrective and clarifying changes to the department’s asbestos notification and fee program.

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: 376.60, 403.061 FS.
LAW IMPLEMENTED: 376.60, 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 [phone]. 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 [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62‑257.301 Notification Procedure and Fee.

(1) No change.

(2) If a notice is required per subsection 62-257.301(1), F.A.C., the timely submittal of a completed “Notice of Demolition or Asbestos Renovation or Demolition” form, as promulgated under Rule 62-257.900(1), F.A.C., or an electronically generated facsimile thereof, is required.

(3) through (5) No change.

(6) Except in the following situations, the owner or operator of an asbestos removal project shall pay a fee calculated pursuant to Rule 62-257.400, F.A.C., Fee Schedule.

(a) The Department’s fee requirements are not applicable to when the asbestos removal project is in a schools, colleges, universities university, or to a residential dwelling, as residential dwelling is defined in Rule 62-257.200, F.A.C.

(b) The Department’s fee requirements are not applicable to those persons otherwise exempted from licensure under Section 469.002(4) 469.004(7), F.S.

(c) through (d) No change.

Specific Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3‑31‑94, Formerly 17‑257.301, Amended 3‑24‑96, 2-9-99,________.

 

62-257.900 Form.

The form with and instructions used by the Department in the asbestos air regulatory program is are adopted and incorporated herein by reference. Copies of the form and instructions may be obtained by writing to the State Asbestos Coordinator, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The form is also available on the internet at www.dep.state.fl.us/air or at the Department’s District Offices or at Local Air Program offices.

(1) “Notice of Demolition or Asbestos Renovation or Demolition”, DEP Form Number 62-257.900(1), effective ________ 2-9-99.

Specific Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3-31-94, Formerly 17-257.900, Amended 11-23-94, 2-9-99,________.

 

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