Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: RULE TITLE:
62-29.001: Intent
62-29.020: Definitions
62-29.030: Application for Conceptual Agency Review
62-29.040: Permit Processing
62-29.050: Standards for Issuance or Denial of Conceptual Agency Review
62-29.060: Effect of Approval or Denial
62-29.070: Duration of Permits; Renewal
62-29.080: Modification or Revocation
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Chapter 62-29, F.A.C., “Conceptual Agency Review,” was amended effective October 3, 1995, to apply only within the geographic territory of the Northwest Florida Water Management District (NWFWMD), where Chapters 62-25 and 62-312, F.A.C., remained in effect under Section 373.4145, F.S. The conceptual agency review provisions of Chapter 62-29, F.A.C., had applicability there because neither Chapter 62-25 nor 62-312, F.A.C., had a conceptual approval process. However, the Environmental Resource Permit (ERP) rule Chapter 62-346, F.A.C., adopted under Section 373.4145(1)(b), F.S., within the NWFWMD effective November 1, 2010, now regulates activities formerly regulated under Chapters 62-25 and 62-312, F.A.C., and contains provisions for an applicant to obtain a conceptual approval permit. As such, the mandate in Section 380.06(9)(b), F.S., for a conceptual approval process is now satisfied by the ERP permit program rules, and the need for Chapter 62-29, F.A.C., no longer exists. In addition, it does not appear any applicant has ever used Chapter 62-29, F.A.C., since it was originally adopted in 1986. Therefore this chapter is no longer necessary and is proposed for repeal to comply with Executive Orders 11-01 and 11-72.
OTHER RULES INCORPORATING THIS RULE: There are no other rules or chapters that incorporate any of the rules in Chapter 62-29, F.A.C.
EFFECT ON THOSE OTHER RULES: None of these rules are incorporated by other rules or chapters; therefore, there is no effect.
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 rules are not required by statute and are being repealed to reduce unnecessary regulatory costs.
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: 373.026, 373.043, 373.044, 380.06(9) FS.
LAW IMPLEMENTED: 373.109, 373.413(4), 373.4145, 380.06(9), 403.0877 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:
DATE AND TIME: January 13, 2012, 9:15 a.m., ET
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, 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 5 days before the workshop/meeting by contacting: Mary VanTassel at (850)245-8486. 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: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8486 or e-mail: Mary.VanTassel@dep.state.fl.us. (OGC No. 11-0872)

THE FULL TEXT OF THE PROPOSED RULE IS:

62-29.001 Intent.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.001, Amended 7-4-95, Repealed________.

 

62-29.020 Definitions.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.020, Amended 7-4-95, Repealed________.

 

62-29.030 Application for Conceptual Agency Review.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.109, 373.4145, 380.06(9), 403.0877 FS. History–New 8-13-86, Formerly 17-29.030, Amended 7-4-95, Repealed________.

 

62-29.040 Permit Processing.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.413(4), 373.4145, 380.06(9) FS. History– New 8-13-86, Formerly 17-29.040, Amended 7-4-95, Repealed________.

 

62-29.050 Standards for Issuance or Denial of Conceptual Agency Review.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.050, Amended 7-4-95, Repealed________.

 

62-29.060 Effect of Approval or Denial.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.060, Repealed________.

 

62-29.070 Duration of Permits; Renewal.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.070, Repealed________.

 

62-29.080 Modification or Revocation.

Rulemaking Specific Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.080, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011