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Beaches & Coastal Systems Draft Rules

Rule Title Description Contacts/Drafts/Documents Status/Comments
62B-33
Rules and Procedures for Coastal Construction and Excavation (Permits for Construction Seaward of the Coastal Construction Control Line (CCCL) and 50-Foot Setback).
The Department of Environmental Protection proposes amendments to Chapter 62B-33, F.A.C., Rules and Procedures for Coastal Construction and Excavation (Permits for Construction Seaward of the Coastal Construction Control Line (CCCL) and 50-Foot Setback).  The proposed amendments will clarify and update existing rule language to reflect current procedures for exemptions, marine turtle protection and vegetation maintenance criteria, siting criteria, survey requirements, thirty year erosion projections, permit time limits and extensions, general conditions, definitions, forms, and fees. The Department is also proposing to update and add new general permits for activities seaward of the CCCL.  In addition to amendments to the rule chapter, the Department proposes the creation of a CCCL Applicant’s Handbook.

Tony McNeal (Tony.McNeal@dep.state.fl.us)

The rule has received authorization for rule development.

Last Updated: June 24, 2014

62B-34
General Permit for Activities Seaward of the Coastal Construction Control Line
The Florida Department of Environmental Protection proposes amendments to Chapter 62B-34, F.A.C. The proposed rule language will include application requirements for dune restoration general permits, general conditions for dune restoration projects and the criteria one must meet to receive a dune restoration general permit. These revisions will streamline the permitting process and save time and money for performing dune restoration and enhancement activities that offer more protection to upland property and structures.

Kamie Carney  (kamie.carney@dep.state.fl.us)

The rule has received authorization for rule development. An authorization request for approval to proceed with rule development has been initiated.

Last Updated: March 5, 2014

62B-41
Rules And Procedures For Application For Coastal Construction Permits
The Department of Environmental Protection proposes amendments to 62B-41, F.A.C. The amendments to the rule address concerns raised by the Joint Administrative Procedures Committee and will update the rule to implement changes in Section 161.041, F.S. The rule amendments will refine criteria for coastal construction permits for coastal armoring below the mean high water line, inlet construction and maintenance, and beach restoration and nourishment.

Kamie Carney  (kamie.carney@dep.state.fl.us)

The rule has received authorization for rule development.

Last Updated: March 5, 2014

62B-49
Joint Coastal Permits and Concurrent Processing of Proprietary Authorizations

The Department of Environmental Protection, Bureau of Beaches and Coastal Systems, proposes amendments to 62B-49, F.A.C. in order to implement changes set forth in Section 161.041, F.S., and make other changes to improve program implementation.

Kamie Carney  (kamie.carney@dep.state.fl.us)

The rule has received authorization for proposed rule and hearing.

Last Updated: March 5, 2014

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Environmental Resource Permitting & Submerged Lands Draft Rules


General Submerged Lands and Environmental Resources Rule Development

Rule Title

Description

Staff Contacts/ Drafts

Status

18-21.0051
Delegation of Authority
(11-0594)
Increase the number of projects that can be authorized by districts rather than the BOT by deleting the slip threshold and increasing the preempted area threshold from 50,000 square feet to 150,000 square feet. Projects of heightened public concern would continue to require final action by the BOT.

Tim Rach,
Alice Heathcock,
Div. State Lands,
West Gregory

The BOT approved changes to delegations and initiating rulemaking on 4/5/11. OFARR had no comments 8/22/11. Published a Notice Rule Development on 9/2/11. Next step is to request the BOT approve the proposed rule and to publish a NPR. On Hold. Included in Regulatory Plan 2012, and 2013-2014. Not included in 2014-2015 Plan. Will have to publish a new NRD .

Last Updated: October 1, 2014

62-113.100
Delegation of ERP to Miami Dade County

(05-2688)

 Incorporate by reference an Operating Agreement to delegate a portion of the ERP permitting, enforcement, and compliance program to MDC.

Andy May,
Krystle Hoenstine,
Matt Davis
Susan Martin

Received request for delegation 3/07. Published NRD 8/17/07. Held workshop 10/9/07. Drafted and revised Agreement. Published second Notice Rule Development on 9/25/09. Miami-Dade County Commission reviewed 2/2010. On hold. Included in Regulatory Plan 2012. Not in 2013-2014 Regulatory Plan. Have requested MDC to withdraw the petition until ready to pursue delegation.

Last Updated: October 1, 2014

62-312.900
Mitigation Banks (14-0014)

Repeal Rule 62-312.900 and the six forms incorporated therein. The forms have either been replaced by forms in the statewide ERP rule chapter 62-330 or are no longer needed.

Alice Heathcock
Krystle Hoenstine

New! A Notice of Proposed Rule to Repeal for 62-312.900 was published 10/1/14.  

Last Updated: October 1, 2014

62-342
Mitigation Banks (14-0014)

 Correct citations and references resulting from amendments to the statewide Environmental Resource Permitting rule Chapter 62-330, F.A.C., effective 10/1/13, and repeal of rules in Chapter 62-312, F.A.C., and repeal of Chapters 62-343 and 62-346, F.A.C., effective 11/25/13.

Alice Heathcock
Krystle Hoenstine

New! Included in the Regulatory Plan 2012-13. Published a Notice Rule Development for 62-342 F.A.C. on 3/31/14.  Published a Notice of Proposed Rule for 62-342 on 6/17/14. Published a Notice of Change for 62-342 on 9/15/14. Next step is to file the rule.

Last Updated: October 1, 2014

62-345
Uniform Mitigation Assessment Method
(13-0913)
Amend rule and forms for clarity and consistency. Clarify use of preservation as mitigation, quantify functions provided by surrounding upland communities, assess Location and Landscape Support functions, determine time-lag and risk factor, and classify altered and artificial sites. Clarify method for assessing seagrass, hardbottom and other submerged communities. Revise forms to better track steps and long-term wetland functional losses and gains.

John Humphreys
Krystle Hoenstine

New! Included in Regulatory Plan 2012-2013. Published a Notice of Rule Development for 62-345 on 5/3/13; held a public workshop 6/26/13; and 12/19/13. Completed field-testing of draft UMAM scoring worksheets 7/1/14; next will review results and develop draft rule by mid-October 2014.  

Last Updated: October 1, 2014


Rule Development for Statewide ERP Rule (Chapter 62-330 F.A.C.)

Rule Title

Description

Staff Contacts/ Drafts

Status

62-330
Statewide ERP Phase 2
(14-0376)
SWERP Phase 2 “glitch” rule. Amend the rule and Applicant’s Handbook and forms to incorporate streamlining measures; revise the Joint Application to add USACE information items; and make minor corrections.

Andy May,
Krystle Hoenstine
NWFWMD,
SRWMD,
SJRWMD,
SWFWMD,
SFWMD

New! Clean-up rulemaking was anticipated, but was not included in the Regulatory Plan 2013-2014; it is not in the 2014-2015 Plan. Published a Notice of Rule Development on 9/3/14, and held a Public Workshop webinar on 9/19/14.

Last Updated: October 1, 2014

62-330.411
Environmental Resource General Permit for the West Coast Inland Navigation District in Charlotte County
(13-1285)
Adoption of a new GP to streamline permitting of maintenance dredging of public navigation channels and canals within Charlotte County.

Will meet WCIND statutory requirements, while having minimal adverse individual and cumulative impact. Will reduce regulatory burdens, save money, and enhance navigation for the public.

Andy May,
Lucy Blair,
Krystle Hoenstein

New! Materials needed to adopt this GP are under development by the WCIND and Florida Sea Grant. Decided to conduct separate rulemaking after the 62-330 statewide ERP became effective 10/1/13. Published Notice of Rule Development on 2/26/14; held two public workshops April 1 in Punta Gorda. Next step is to request to publish a Notice of Proposed Rule in October 2014.  .

Last Updated: October 1, 2014

62-330.420
Environmental Resource General Permit for Public Mooring Fields
(13-1117)
Adoption of a new GP for public mooring fields serving a maximum of 100 vessels, including associated courtesy docks. The GP must be exclusively for the general public; comply with Part IV of Ch. 373, F.S., and be consistent with the local government manatee protection plan. Includes delegation to issue leases from the Board of Trustees for mooring fields that meet the GP. (HB 999 modified 373.118(4), F.S., 7/1/13)

Tim Rach
Alice Heathcock
Krystle Hoenstine

New! Published a Notice of Rule Development on 9/4/13. Held a workshop-webinar on 6/20/14. Staff revised the draft rule based on workshop comments and distributed it to interested parties on 8/27/14. Staff is considering new comments received.

Last Updated: October 1, 2014

62-330.633
Environmental Resource General Permit for Aquatic Restoration

 DEP and FWC will develop a draft BMP manual for Aquatic Restoration activities, with the intention that certain BMPs will become the basis for a new SWERP general permit issued to the FWC for aquatic restoration activities.

Andy May,
Richard Musgrove,
(Fish and Wildlife Commission),
Krystle Hoenstine

Not included in Regulatory Plan 2014-2015. A work group has been formed to consider the scope and feasibility for a general permit.

Last Updated: October 1, 2014

62-330, Applicant’s Handbook, Volume I, section 10.2.8
Environmental Resource Permit procedures for Coastal Cumulative Impacts
DEP, the WMDs, and FWC are coordinating on the development of procedures to streamline cumulative impact reviews in coastal and estuarine waters.

Andy May,
(Fish and Wildlife Commission)
Krystle Hoenstine

Not included in the Regulatory Plan 2014-2015. Rule proposal is not yet ready for a Notice of Rule Development.

Last Updated: October 1, 2014


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Mining and Minerals Rules
including Oil and Gas Program Rules

Rule Title Description Contacts/Drafts/Documents Status

62C-25
Conservation of Oil and Gas: General

The Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Oil and Gas Section, proposes amendments to 62C-25 to respond to a request from the Joint Administrative Procedures Committee that includes updating references to the Bureau in the rule and other ministerial information that has changed and updating the associated forms.

A Notice of Development of Rulemaking has been published.

Last Updated: February 11, 2013

62C-26
Conservation Of Oil And Gas: Permitting
The Department of Environmental Protection is undertaking an effort to reduce the amount of paper that is used and filed for official business. As part of that effort, the Department is amending its permitting rules to allow the submission of electronic permit applications and specifying the electronic format for supporting material.

Hillary Powell

A Notice of Development of Rulemaking was published on September 21, 2012.

Last Updated: February 11, 2013

62C-27
Conservation Of Oil And Gas: Drilling
The Department of Environmental Protection is undertaking an effort to reduce the amount of paper that is used and filed for official business. As part of that effort, the Department is amending its permitting rules to allow the submission of electronic permit applications and specifying the electronic format for supporting material.

Hillary Powell

A Notice of Development of Rulemaking was published on September 21, 2012.

Last Updated: February 11, 2013

62-348
Permitting and Alternative Mitigation for the Mining of High-quality Peat (14-0015)
These amendments are minor updates to references and citations to other rules and chapters resulting from the adoption of the Statewide Environmental Resource Permitting rule Chapter 62-330, F.A.C., effective October 1, 2013, and repeal of rules in Chapter 62-312, F.A.C., effective February 16, 2012.

Howard J. Hayes,
Krystle Hoenstine

New! Published a Notice of Proposed Rule  for 62-348 F.A.C. on September 25, 2014.

Last Updated: September 25, 2014

62-673.320
Permitting Of Phosphogypsum Stack Systems
The Department of Environmental Protection is undertaking an effort to reduce the amount of paper that is used and filed for official business. As part of that effort, the Department is amending its permitting rules to allow the submission of electronic permit applications and specifying the electronic format for supporting material.

Hillary Powell

A Notice of Development of Rulemaking was published on September 21, 2012.

Last Updated: February 11, 2013

 
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Surface Water Draft Rules

Rule Title Description Contacts/Drafts/Documents Status
62-4
Permits
The state completed its Triennial Review of state surface water quality standards.  The revisions have been submitted to EPA for approval.  The revisions include changes Rules 62-4.242 and 62-4.244, FAC.

Eric Shaw (850-245-8429)

The Florida Environmental Regulation Commission approved DEP’s proposed rule revisions on April 23, 2013. The rule revisions have been submitted to EPA for approval as changes to Florida’s surface water quality standards. EPA is still analyzing the State’s rule changes.

View the Triennial Review web page for more information.

Last Updated: March 21, 2014

62-302
Surface Water Standards
The state completed its Triennial Review of state surface water quality standards. The revisions have been submitted to EPA for approval. The revisions include changes to 62-302.200, 62-302.300, 62-302.400, 62-302.500, 62-302.530, 62-302.532, and the creation of 62-302.533, FAC. The Florida Environmental Regulation Commission postponed consideration of proposed changes regarding human health-based criteria to later in 2014.

Eric Shaw (850-245-8429)

The Florida Environmental Regulation Commission approved DEP’s proposed rule revisions on April 23, 2013. The rule revisions have been submitted to EPA for approval as changes to Florida’s surface water quality standards. The ERC postponed consideration of proposed changes regarding human health-based criteria to later in 2013. EPA has approved some of DEP’s rule revisions and continues to analyze the remainder.  Approved rules include the NNC implementation document and revisions to dissolved oxygen criteria.

View the Triennial Review web page for more information.

Last Updated: March 21, 2014

62-303
Identification of Impaired Surface Waters
The state has recently completed its Triennial Review of state surface water quality standards.  The revisions have been submitted to EPA for approval.  The revisions include changes to 62-303.300, 62-303.320, 62-303.353, 62-303.360, 62-303.370, 62-303.380, 62-303.420, 62-303.450, 62-303.460, 62-303.470, 62-303.480, 62-303.500, and 62-303.720, FAC. 

Eric Shaw (850-245-8429)

The Florida Environmental Regulation Commission approved DEP’s proposed rule revisions on April 23, 2013. The rule revisions have been submitted to EPA for approval as changes to Florida’s surface water quality standards. The ERC postponed consideration of proposed changes regarding human health-based criteria to later in 2013. EPA has approved some of DEP’s rule revisions and continues to analyze the remainder.  Approved rules revisions to dissolved oxygen criteria.

View the Triennial Review web page for more information.

Last Updated: March 21, 2014

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State Revolving Fund

There are currently no draft rules under development.

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Water and Wastewater Draft Rules

Rule Title Description 

Contacts/Drafts/Documents

Status
62-550
Drinking Water Standards, Monitoring, and Reporting

The DEP will amend Rules 62-550.200, 62-550.310, 62-550.518, 62-550.817, 62-550.821, 62-550.824, and 62-550.828, and will add new Rule 62-550.830, to incorporate by reference the federal Revised Total Coliform Rule.

Contact Jeffrey Lawson at jeffrey.lawson@dep.state.fl.us.

This rulemaking is in the DEP 2014-2015 Regulatory Plan. A “fast-track” Notice of Intent to Adopt a Rule Pursuant to Section 403.8055, F.S., is expected in 2014.

Last Updated: July 29, 2013

62-550
Drinking Water Standards, Monitoring, and Reporting
The DEP will amend Rule 62-550.518 to move assessment ground water source monitoring to Rule 62-550.828. Also, the DEP will amend Rule 62-550.828 to clarify those portions of the federal Ground Water Rule involving State options. Contact John Sowerby at john.r.sowerby@dep.state.fl.us.

This rulemaking is in the DEP 2014-2015 Regulatory Plan. A Notice of Rule Development is expected in 2015.

Last Updated: July 29, 2013

62-560
Requirements for Public Water Systems That Are Out of Compliance

The DEP will repeal Rules 62-560.400, 62-560.430, and 62-560.440, and the DEP will substantially reword Rule 62-560.410 to incorporate by reference the federal Public Notification (PN) Rule. This will make State PN requirements completely consistent with the federal PN Rule.

Contact Virginia Harmon at virginia.harmon@dep.state.fl.us.

This rulemaking is in the DEP 2014-2015 Regulatory Plan. A Notice of Rule Development is expected in 2014.

Last Updated: July 29, 2013

62-600
Domestic Wastewater Facilities

Revisions to Chapter 62-600, F.A.C., will simplify and clarify design, operation, monitoring, and reporting requirements; correct rule references; and make the rules consistent with more recently adopted rules and statutory requirements, including ocean outfall legislation adopted in Section 403.086(9), Florida Statutes.  The revisions will repeal requirements that are obsolete, duplicative of other rules or statutory requirements, or have been superseded by other rules or statutory requirements.  As part of this rulemaking effort, some requirements from Chapter 62-601, F.A.C., Domestic Wastewater Treatment Plant Monitoring, will be incorporated into Chapter 62-600, F.A.C.  Chapter 62-601, F.A.C., will then be repealed simultaneously with the rulemaking to adopt the amendments to 62-600, F.A.C.

Contact Richard Addison at richard.addison@dep.state.fl.us

A Notice of Rule Development was published on March 27, 2014. A rule development workshop will be held on April 16, 2014.

Last Updated: April 16, 2014

62-621.300
Stormwater Construction Generic Permit (CGP), Industrial stormwater Multi Sector Generic Permit (MSGP) and Industrial Wastewater Generic Permit for Discharge of Ground Water From Dewatering Operations

Revisions will update the CGP for consistency with EPA rule revisions adopted 2009. The revised permit is written in a “plain language” question and answer format .This includes incorporating the technology-based effluent limitations (TBELs) and updating the associated forms. Updates will also include provisions authorizing construction dewatering for non-contaminated ground water, with appropriate control measures for non-stormwater discharge.  This particular revision will allow sites covered by the CGP to conduct dewatering operations without the need to obtain a separate NPDES permit under the Industrial Wastewater Program.

The Department published a Notice of Rule Development on April 3, 2013.

For additional information, including rule workshop materials, please see the NPDES homepage.

Last Updated: August 6, 2013

62-621.300(1)
Generic Permit for Discharges From Petroleum Contaminated Sites.

Revisions will update the existing generic permits that have not changed substantively since they were adopted in 1995. The revisions will reflect current NPDES program requirements, bring effluent monitoring and limitations up-to-date with current limits established in Chapter 62-302, F.A.C., and improve and streamline permit issuance.

The Department published a Notice of Rule Development on October 22, 2010. Public workshops on the rule revisions were conducted November 8, 2010.

The Department is currently developing additional revisions to these rules, and will conduct additional workshops as needed.

Last Updated: August 6, 2013

62-621.300 (2)
Generic Permit for Discharge of Ground Water from Dewatering Operations.

Proposed revisions will also integrate construction dewatering currently covered by the produced ground water permit with the construction generic NPDES permit in 62-621.300(4) to eliminate the need for two separate NPDES permits. Sites not covered by the construction generic permit would still seek coverage under 62-621.300(2).

The Department published a Notice Proposed Rule on June 19, 2014

Last Updated: June 19, 2014

62-621.300(4)(a)
Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)
Proposed revisions will update the CGP for consistency with EPA rule revisions adopted 2012. The revised permit is written in a “plain language” question and answer format .This includes incorporating the technology-based effluent limitations (TBELs) and updating the associated forms. Updates will also include provisions authorizing construction dewatering for non-contaminated ground water, with appropriate BMPs for non-stormwater discharge.  This particular revision will allow sites covered by the CGP to conduct dewatering operations without the need to obtain a separate NPDES permit under the Industrial Wastewater Program.

The Department published a Notice Proposed Rule on June 19, 2014.

Last Updated: June 19, 2014

62-624
Stormwater Generic Permits for Phase II Municipal Separate Storm Sewer Systems (MS4)

Revisions will update the Multi-Sector Generic Permit (MSGP) for industrial stormwater to be consistent with new requirements from EPA’s 2008 general permit.  The revised permit is written in a “plain language” question and answer format.  The revisions include only the provisions needed to meet the EPA requirements.  These are primarily associated with an Annual Report requirement and certain requirements for facilities that discharge to impaired water bodies with adopted TMDLs. 

The Department published a Notice of Rule Development on April 9, 2013.

For additional information, including rule workshop materials, please see the NPDES homepage.

Last Updated: August 6, 2013

62-660.804
General Permit for Sand and Limestone Mines
The objective of the proposed revisions is to reduce the regulatory burden for sand and limestone mines from industrial wastewater permitting requirements as a result of having duplicative permitting requirements enforced under the Environmental Resource Program (ERP).

Contact Marc Harris at (850) 245-8590.

The Department published a Notice of Proposed Rule for 62-660.804 on July 23, 2014.

Last Updated: July 23, 2014

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Last updated: September 25, 2014

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