The Department is revising Rule 62-621.250, F.A.C., to implement new federal regulations that require the electronic reporting of information to the Environmental Protection Agency’s (EPA) National Pollutant Discharge Elimination System (NPDES) data ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-621.250General Conditions

PURPOSE AND EFFECT: The Department is revising Rule 62-621.250, F.A.C., to implement new federal regulations that require the electronic reporting of information to the Environmental Protection Agency’s (EPA) National Pollutant Discharge Elimination System (NPDES) data system. The requirements of the EPA’s E-reporting Rule, including waiver provisions, have previously been adopted by reference in paragraphs 62-620.100(3)(bb) and (cc), F.A.C.

SUMMARY: Proposed paragraph 62-621.250(5)(a), F.A.C., would require the electronic submittal of Discharge Monitoring Reports (DMRs) by permittees covered by the Generic Permit for Discharges from Petroleum Contaminated Sites (subsection 62-621.300(1), F.A.C.). Proposed paragraph 62-621.250(5)(b), F.A.C., would require the electronic submittal of Discharge Monitoring Reports (DMRs) by permittees covered by the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity (subsection 62-621.300(5), F.A.C.). The DMR monitoring data would be submitted electronically via the Department’s online business portal.

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 requirements of the E-reporting Rule, including waiver provisions, have previously been adopted by reference in paragraphs 62-620.100(3)(bb) and (cc), F.A.C. The E-reporting Rule was adopted pursuant to the federal fast process provided for under section 403.8055, F.S. The electronic submittal of Discharge Monitoring Reports (DMRs) monitoring data via the Department’s online business portal would reduce costs to permittees by providing a faster, simpler and more efficient process for the submittal of DMRs. A waiver process is available for permittees that choose to continue to submit hard-copies of DMRs.

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, 403.087, 403.088, 403.0885 FS.

LAW IMPLEMENTED: 403.061, 403.087, 403.088, 403.0885 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: August 9, 2017, 1:30 p.m.

PLACE: Department of Environmental Protection, Bob Martinez Bldg., Rm. 609, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400.

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 days before the workshop/meeting by contacting: Abel Agosto 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: Abel Agosto, Florida Department of Environmental Protection, Division of Water Resource Management, 2600 Blair Stone Rd., MS 3545, Tallahassee, Florida, 32399-2400. Telephone [phone]. E-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Rule 62-621.250 General Conditions.

Unless stated otherwise in this chapter, all permits listed in this chapter are subject to the conditions insubsections 62-620.610(1)-(5), (7), (9)-(10), (13)-(15), (17)-(18), and (20)-(23), F.A.C. Additionally, the following conditions apply:

(1) through (4) No change.

(5) In accordance with paragraphs 62-620.100(3)(bb) and 62-620.100(3)(cc), F.A.C., NPDES regulated entities must electronically report NPDES data to the Department. Paragraph 62-620.100(3)(bb) F.A.C. ,contains requirements for electronic reporting of NPDES information from NPDES-regulated entities,(including waivers). Paragraph 62-620.100(3)(cc) F.A.C., contains the information NPDES-regulated entities must electronically report and the minimum set of NPDES data that must be entered in or transferred to EPA’s national NPDES data system. (a) Permittees required to submit Discharge Monitoring Reports (DMRs) at the intervals specified in subsection 62-621.300(1), F.A.C., Generic Permit for Discharges From Petroleum Contaminated Sites, shall submit their DMRs electronically using the Department’s Business Portal at http://www.fldepportal.com/go/.

(b) Permittees required to submit DMRs at the intervals specified in subsection 62-621.300(5), F.A.C., Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, shall submit their DMRs electronically using the Department’s Business Portal at http://www.fldepportal.com/go/.

Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Amended 5-1-97, 2-14-00, 10-22-00,12-23- 04, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Justin E. Green, Esq. Director, Division of Water Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 28, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 13, 2017