The Department is proposing amendments to revise and update forms for the existing National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-621.300Permits

PURPOSE AND EFFECT: The Department is proposing amendments to revise and update forms for the existing National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s) for consistency with current Environmental Protection Agency (EPA) requirements.

SUMMARY: Rule 62-621.300(7), F.A.C., regulates discharges of municipal stormwater from Phase II MS4s to surface waters of the state, were developed to revise and update the permit language in the “NPDES Two-Step Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems,” DEP Form 62-621.300(7)(a), and to update “Notice of Intent to Use Two-Step Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems,” DEP Form 62-621.300(7)(b), and to incorporate by reference “Phase II MS4 Annual Report,” DEP Form 62-621.300(7)(d).

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 this rule will not have an impact on small business or likely increase directly or indirectly regulatory cost in excess of $200,000 in the aggregate within one year after 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 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 proposed rule does not increase direct or indirect costs as the underlying rule requirements have not substantively changed. In January 2018, the Department utilized the fast-track process under Section 403.8055, F.S., to adopt recent revisions to Title 40, Code of Federal Regulations Part 122. These updates to Rule 62-621.300(7), F.A.C., were necessary to ensure the consistency with substantively identical provisions adopted by U.S. Environmental Protection Agency. 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.

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, 403.814, FS.

LAW IMPLEMENTED: 403.061, 403.087, 403.088, 403.0877, 403.814, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Robin Starkie, Department of Environmental Protection, (MS #3585), 2600 Blair Stone Rd., Tallahassee, FL 32399-2400, [phone], [e-mail]. 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: Borja Crane-Amores, Department of Environmental Protection, (MS2500), 2600 Blair Stone Rd., Tallahassee, FL 32399-2400, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-621.300 Permits.

(1) through (6) No change.

(7) Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems.

(a) The document Form number 62-621.300(7)(a) “Two-Step Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems,” document number Form 62-621.300(7)(a), (http://www.flrules.org/Gateway/reference.asp?No=Ref-12373) issued by the Department and effective January 2021 May 1, 2003, is hereby adopted and incorporated by reference, and made a part of this chapter. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(b) Form number 62-621.300(7)(b) “Notice of Intent to Use Two-Step Generic Permit for Discharge of Stormwater from Phase II MS4 Municipal Separate Storm Sewer Systems,” document number Form 62-621.300(7)(b), (http://www.flrules.org/Gateway/reference.asp?No=Ref-12374) issued by the Department and effective January 2021  May 1, 2003, is hereby adopted and incorporated by reference. and made part of this chapter. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585 2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400., or from the Department’s website.

(c) No change.

(d) “Annual Report Form for Phase II MS4 Generic Permit,” Form 62-621.300(7)(d), effective January 2021, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12375) is hereby adopted and incorporated by reference.  This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(8) No change.

Rulemaking Authority 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. Law Implemented 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 12-24-96, Amended 5-1-97, 2-14-00, 10-22-00, 5-1-03, 12-23-04, 4-20-05, 5-10-05, 2-17-09, 4-14-11, 2-10-15, 1-26-18, 9-20-18, ________.

1 Public notice, public comments and request for public hearing shall follow the applicable procedures of rules 62-620.550(2) through (4) and rule 62-620.555, F.A.C.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Borja Crane-Amores, Department of Environmental Protection, (MS2500), 2600 Blair Stone Rd., Tallahassee, FL 32399-2400, [phone], [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary, Florida Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 07, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/22/2020