Florida Register Volume 39, Number 188, September 26, 2013, Pages 4859-4872

• Jurisdiction: Florida
• Library: Florida Register
• Published date: 26 September 2013
• Year: 2013

Florida Administrative Register Volume 39, Number 188, September 26, 2013

4859

Section I

Notice of Development of Proposed Rules

and Negotiated Rulemaking

NONE

Section II

Proposed Rules

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Office of the Secretary

RULE NOS.: RULE TITLES:

62S-6.009 Application of Definitions

62S-6.012 Discharge Cleanup Organization; Approval

62S-6.022 Notification of Pollutant Discharge

62S-6.033 Terminal Facility Discharge Contingency

Plan

62S-6.034 Additional Equipment to Cleanup a 10,000

Gallon Pollutant Discharge

PURPOSE AND EF FECT: The purpose of this amendment is

to make the appropriate changes to Chapter 62S-6, F.A.C. In

Rule 62S-6.009, F.A.C., sub sections 62S-6.009(1), (3)-(25)

and (27)-(31), F.A.C., will be repealed since they are no

longer used in the rule or restate the statute; subsections (2)

and (26) will be appropriately renumbe red. In Rule 62S-6.012,

F.A.C., pursuant to Section 120.55(1)(a)4., F.S., the Form:

Application for Approval as a Discharge Cleanup

Organization will be incorporated into subsection 6 2S-

6.012(1), F.A.C., and the reference to Rule 62N-16.026,

F.A.C., will be removed since this rule has been repealed. In

addition, the Department will provide for electronic retrieval

and submittal of the Form: Application for Approval as a

Discharge Cleanup Organization. Further more, subsections

62S-6.012(3) and (5), F.A.C., will be removed since they

duplicate the statute. In Rule 62S-6.022, F.A.C., the references

to the Florida Marine Patrol in subsections 62S-6.02 2(1) and

(2), F.A.C., will be removed since it no longer exists and will

be replaced with the State Watch Office at (850) 413-9911.

Furthermore, the reference to Section 370.07, F.S., in the

rulemaking authority section will be moved since it is

incorrect and will be rep laced with the correct citation of

Section 376.07, F.S. In Rule 62S-6.033, F.A.C., the reference

to October 1, 1992 in subsection 62S-6.033 (1), F.A.C., shall

be removed since this date is no longer valid. Furthermore, the

references to the Florida Marine Patrol in sub-subparagraphs

62S-6.033(1)(b)3.a. and (1)(c)3.a., F.A.C, will be removed

since it no longer exists and will be replaced with the State

Watch Office at (850) 413-9911. Furthermore, subsection

62S-6.033(4), F.A.C., will be repealed. This is due to the fact

that Rule 62N -16.036, F.A.C., Vessel Spill Contingency Plan,

which is the contingency pla n referenced in subsection 6 2S-

6.033(4), F.A.C., no longer exists. Finally, in Rule 62S-6.034,

F.A.C., paragraph 62S -6.034(1)(a), F.A.C., will be deleted

because Section 376.065(3), F.S., already details the boom

requirements.

SUMMARY: The rule amendments will do the following:

incorporate the ap propriate form in to the rule, allo w for

electronic retrieval and submittal of a form, replace an entity

from the rule that no longer exists with the appropriate one,

correct a citation in the rulemaking authority, remove certain

rule references that no lo nger exist and repeal cert ain

subsections and sub-subparagraphs that are no longer valid.

SUMMARY OF STATEMENT OF ESTIMATED

REGULATORY COSTS AND LEGISLATIVE

RATIFICATION:

The Agency ha s determined that this will not ha ve 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 p roposed rule is not

expected to require legislative ratification based on the

statement of esti mated regulatory costs or if no SERC is

required, the information expressly relied upon and described

herein: these proposed amendments are for the purpose of

incorporating a form by reference, allowing for electronic

retrieval and submittal of a form, changing contact info, or

cleaning up out of date or duplicative citations and rules and

therefore the Depart ment does not expect any adverse

financial impact.

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: 376.07 FS.

LAW IMPLEMENTED: 376.031, 376.065, 376.07, 376.09,

376.12 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 Di sabilities

Act, any person requiring special acco mmodations to

participate in this workshop/meeting is asked to advise the

agency at least 5 days before the workshop/meeting by

contacting: Gwen Keenan, Director, Office of Emergency

Response, 3900 Commonwealth Bl vd., MS 600, Tallahassee,

FL 32399-3000, (850)245-2010, e-mail:

Gwen.Keenan@dep.state.fl.us.. 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).