The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-4.021Transferability of Definitions

62-4.130:Plant Operation - Problems

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: Rule 62-4.021, F.A.C. specifies that definitions used in other chapters of the Department’s rules may be used to clarify the meaning of terms used in Chapter 62-4, F.A.C. Rule 62-4.130, F.A.C. states that a permittee must immediately notify the Department if the permittee is unable to comply with any provisions of the permit due to breakdown of equipment or destruction by hazard of fire, wind or by other cause. These rules are being repealed because they are unnecessary and duplicative of other specific permitting programs of the Department of Environmental Protection. Rule 62-4.130, F.A.C. is incorporated by reference in Rules 62-213.440, F.A.C. and 62-210.700, F.A.C. Those rule sections will have to be updated to remove the references to 62-4.130, F.A.C.

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: repeal of these rules will not have an adverse impact or increase regulatory costs on 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: 403.021, 403.031, 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS.

LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 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: Douglas Beason, 3900 Commonwealth Blvd., MS 35, Tallahassee, FL, 32399-3000, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-4.021 Transferability of Definitions.

Rulemaking Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 3-1-79, Amended 8-31-88, Formerly 17-4.021, Repealed_________.

 

62-4.130 Plant Operation - Problems.

Rulemaking Specific Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 3-4-70, Revised 5-17-72, Formerly 17-4.13, Amended 8-31-88, Formerly 17-4.130, Repealed__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Beason

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Jonathan P. Steverson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 09/08/2015