Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-4.001: Scope of Part I
PURPOSE AND EFFECT: The proposed rule involves amendments involves amendments to Chapter 62-4, F.A.C., related to the Department’s Title V air permitting program. The amendments extend the lead time for applying for renewal of a Title V permit.
SUMMARY: The proposed rule amendments address air operation permitting requirements for “major sources of air pollution,” also referred to as “Title V sources.”
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: 120.60, 403.061, 403.087, 403.0872 FS.
LAW IMPLEMENTED: 120.60, 403.031, 403.061, 403.087, 403.0872 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: Thursday, January 10, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors 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 (850) 921-9551. 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. Cindy Phillips at (850) 921-9534 or cindy.phillips@dep.state.fl.us.

THE FULL TEXT OF THE PROPOSED RULE IS:

62-4.090 Renewals. Renewals. Prior to 135 days before the expiration of a hazardous waste operation permit, 180 days before the expiration of a permit issued pursuant to Chapter 62-213, F.A.C., or a hazardous waste closure permit, or sixty days before the expiration of any other Department operation permit except a permit issued pursuant to Chapter 62-213, F.A.C., the permittee shall apply for a renewal of a permit using forms incorporated by reference in the specific rule chapter for that kind of permit. The permittee shall apply for a renewal of a permit issued pursuant to Chapter 62-213, F.A.C., according to Rule 62-213.420, F.A.C. A renewal application shall be timely and sufficient. If the application is submitted prior to the days specified above before expiration of the permit, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the operation permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or, if there is court review of the Department’s final agency action, until a later date is required by Section 120.60, F.S., provided that, for renewal of a permit issued pursuant to Chapter 62-213, F.A.C., the applicant complies with the requirements of paragraph subparagraphs 62-213.420(1)(b)3. and 4., F.A.C.

Specific Authority 120.60, 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 120.60, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.09, Amended 8-31-88, 3-19-90, 7-11-93, Formerly 17-4.090, Amended 4-18-95, ______.


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: October 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007