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Water Draft Rules

 

Beaches & Coastal Systems Draft Rules

Rule Title Description Contacts/Drafts/Documents Status/Comments
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.

Contact Rosaline Beckham @ rosaline.beckham@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: June 14, 2013

62B-36
Beach Management Funding Assistance Program
 The Florida Department of Environmental Protection proposes amendments to Chapter 62B-36, F.A.C., in order to implement the new inlet management priorities and procedures set forth in Section 161.143, F.S., and make other changes to improve program implementation. Further, the amendments to the Chapter will incorporate recommendations made by the Beach Management Working Group.

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

The Notice of Proposed Rule and Hearing was published March 25, 2013.  A Rulemaking Hearing was held April 19th.  Based on comments received during the comment period, a Notice of Change was published May 30, 2013.

Last Updated: June 14, 2013

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. The rule has received authorization for rule development and notice of workshop has been published.

Contact Kamie Carney @ kamie.carney@dep.state.fl.us

The rule has received authorization for rule development.

Last Updated: June 14, 2013

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Environmental Resource Permitting & Submerged Lands Draft Rules

Rule Title

Description

Staff Contacts/ Drafts

Status

18-21.004
Dock Design

(08-2795)

Add criteria for authorizing fish cleaning stations and other minor non-water dependent uses over state-owned submerged land.

Tim Rach,
Alice Heathcock,

Published NDR 5/1/09; held workshop 5/15/09. Withdrawn from the 12/8/09 Board of Trustees Agenda. On Hold. Not included in Regulatory Plan 2012.

Last Updated: June 14, 2013

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,

The BOT approved changes to delegations and initiating rulemaking on 4/5/11. OFARR had no comments 8/22/11. Published a NDR 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.

Last Updated: June 14, 2013

62-4.001, .050, .200
SWERP Permit Fees
(12-1507)
 To amend the Environmental Resource Permit fees used by DEP in Chapter 62-4, F.A.C., Permits. These amendments are associated with the “Statewide ERP” (SWERP) amendments to Chapter 62-330, F.A.C., as directed by Section 373.4131, F.S.  Also, will need to amend the fees by March 1, 2013, to adjust for the Consumer Price Index (see 62-4.005(4)(z), F.A.C.) Andy May
Hillary Powell

Published a Notice of Rule Development for .050 on 1/15/13. Rule workshop/webinar was held 1/30/13 in conjunction with 62-330 SWERP rule.  Published NRD for .001 and .200 on 5/3/13. Published NPR for all three sections on 5/8/13. Next step is to publish a Notice of Change. Published a Notice of Change on 6/13/13.

Last Updated: June 14, 2013

62-113.100
Incorporate NWFWMD Operating Agreement
(12-1416)

Incorporate the Operating Agreement between the Northwest Florida Water Management District and DEP into Rule 62-113.100, F.A.C. The agreement is currently incorporated in Ch. 62-346, F.A.C., but it will probably be amended or repealed as part of the Statewide ERP rulemaking.

The Op Agree will be amended to reflect that all military applications go to DEP per a blanket special case agreement.

Hillary Powell
Alice Heathcock

Published Notice of Rule Development on 9/21/12. Public Workshop will be 2/27/13. Published a NPR 5/2/13. Held hearing 5/24/13; next step is to publish a Notice of Change. Published a Notice of Change on 6/13/13.

Last Updated: June 14, 2013

62-113.100
Delegation of ERP to Miami Dade County

(05-2688)

Incorporate by reference an Operating Agreement between the DEP, the SFWMD and the County that delegates a portion of the ERP permitting, enforcement, and compliance program in uplands and wetlands within a designated boundary. However, projects within CERP project boundaries, including SSL and certain other activities, will not be delegated. S 1752 amendments to 373.441 requires amending the draft Delegation Agreement to combine activities proposed to be delegated by the SFWMD and DEP.

Doug Fry,
Stacey Cowley,
Matt Davis
Susan Martin

Received request for delegation 3/07. Published NDR 8/17/07. Held workshop 10/9/07. Drafted and revised Agreement. Published second NDR 9/25/09. Miami-Dade County Commission reviewed 2/2010. On hold for a period; revised DEP’s and SFWMD’s agreements into one delegation. MDC is reviewing the revised agreement. Included in Regulatory Plan 2012.

Last Updated: June 14, 2013

62-330
Statewide ERP
(12-1058)

Adoption by DEP of a "statewide ERP rule"

Will improve permitting consistency and simplify regulations for the public by establishing uniform, statewide ERP criteria, including criteria governing statewide stormwater quality to reduce nutrient loading; rule would include provisions for basin-specific criteria and address physical and natural variability throughout the state.  Includes amendments to fees, forms and adoption of an Applicant’s Handbook in two volumes.

Doug Fry,
Andy May,
Hillary Powell,
Betsy Hewitt,
(Each WMD)

 (HB 7003) Section 373.4131, F.S., created by Chapter 2012-94, LOF, effective 7/1/12, authorized rulemaking that will be implemented by DEP and the WMDs without further rulemaking by the WMDs. Notice of Rule Development published 6/22/12. Held public workshops (via webinar and at various locations) on 7/26, 8/7, 8/16, 9/20/12. Held a workshop /webinar 12/14/12. Held workshop for AH II and 62-4 (Permit Fees) on 1/30/13. Held last workshop on the rule, handbooks, and 62-113 (Operating Agreement with NWFWMD) on 2/27/13. Published NPR 4/12/13; held Hearing on 5/6/13; next step is to publish a Notice of Change. 

Last Updated: June 14, 2013

62-330
Noticed General Environmental Resource Permit for the West Coast Inland Navigation District in Charlotte County
Adoption of a new NGP 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.

Doug Fry
Hillary Powell

 Materials needed to adopt this NGP are under development by the WCIND and Florida Sea Grant. Rule development is on hold until those materials are prepared. Was tentatively planned to be addressed in the 62-330 statewide ERP rulemaking, but will need separate rulemaking following adoption of the statewide rule.

Last Updated: June 14, 2013

62-330.449
General Environmental Resource Permit for Airport Airside Surface Water Management Systems
Adoption of a new GP for construction, operation, maintenance, alteration, abandonment or removal of airport airside surface water management systems. The NGP was requested by the FDOT and the FAA, and has been under development in coordination with the WMDs. It will streamline permitting, reduce regulatory burdens, save money, and enhance airport safety and stormwater quality and quantity. Richard Musgrove,
Doug Fry
Hillary Powell

HB 599 passed in the 2012 session and became effective 7/1/12.  It requires DEP to initiate rulemaking to adopt a general permit that can be implemented by WMDs without their having to do rulemaking. The GP is addressed in the 62-330 statewide ERP rulemaking.

Last Updated: June 14, 2013

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
Hillary Powell

Included in Regulatory Plan 2012. Published a Notice of Rule Development 5/3/13; will hold a public workshop 6/26/13.

Last Updated: June 14, 2013


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Mining and Minerals Rules
including Oil and Gas Program Rules

Rule Title Description Contacts/Drafts/Documents Status
62C-17
Master Reclamation Plan For Lands Disturbed By The Severance Of Phosphate Prior To July 1, 1975
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 applications and specifying the electronic format for supporting material.

Hillary Powell

Notice of Rule Development for 62C-17

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

Last Updated: February 11, 2013

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

Notice of Rule Development for 62C-26

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

Notice of Rule Development for 62C-27

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

Last Updated: February 11, 2013

62C-36
Limestone Reclamation Requirements
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

Notice of Rule Development for 62C-36

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

Last Updated: February 11, 2013

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

Notice of Rule Development for 62-673

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

Last Updated: February 11, 2013

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Quality Assurance

Rule Title Description Contacts/Drafts/Documents Status

62-160
Quality Assurance

Proposed revisions address routine updates and enhancements to the Quality Assurance rule, the DEP field and laboratory Standard Operating Procedures (DEP SOPs), and other documents incorporated by reference into the rule. The revisions generally provide for clarification and increased flexibility, and address miscellaneous minor revisions suggested by stakeholders. Michael Blizzard (850) 245-8073, or go to the QA Rule & DEP SOPs revisions web page for more information

The first set of rule development workshops was held in October 2011. A final workshop was held September 6, 2012, in Tallahassee.

A Notice of Proposed Rulemaking was published on October 31, 2012. The Joint Administrative Procedures Committee (JAPC) requested corrections or explanations to the proposed rule revisions on November 28, 2012. DEP is currently drafting proposed changes to the revisions to address JAPC’s concerns.

Last Updated: February 11, 2013

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Surface Water Draft Rules

Rule Title Description Contacts/Drafts/Documents Status
62-4
Permits
Per US Clean Water Act requirements, the state has initiated the Triennial Review of state surface water quality standards. All surface water quality standards are under review. Possible rule revisions include revisions to human health-based numeric criteria, revisions to criteria for dissolved oxygen (both fresh and marine waters), revisions to antidegradation and mixing zone rules, and miscellaneous rules changes in 62-302, 62-303, and 62-4. Other rule revisions are possible.

Contact Eric Shaw at (850) 245-8429 or

Public Workshops were held on May 15, May 16, May 17, July 31, August 1, August 2, November 15, 2013 and February 5, 2013.

Public Human Health-based Criteria Peer Review Committee meeting held on October 8 and 9, 2012.

View the Triennial Review web page for more information.

Last Updated: April 5, 2012

62-302
Surface Water Standards
Per US Clean Water Act requirements, the state has initiated the Triennial Review of state surface water quality standards. All surface water quality standards are under review. Possible rule revisions include revisions to human health-based numeric criteria, revisions to criteria for dissolved oxygen, and miscellaneous rules changes in 62-302, 62-303, and 62-4. Other rule revisions are possible.

Eric Shaw at (850) 245-8429

Public Workshops were held on May 15, May 16, May 17, July 31, August 1, August 2, November 15, 2013 and February 5, 2013.

Public Human Health-based Criteria Peer Review Committee meeting held on October 8 and 9, 2012.

View the Triennial Review web page for more information.

April 5, 2012

62-302
Surface Water Standards
 The Florida Environmental Regulation Commission approved numeric nutrient criteria for the following Panhandle estuaries: Perdido Bay, Pensacola Bay (including Escambia Bay), Choctawhatchee Bay, St. Andrew Bay, St. Joseph Bay, and Apalachicola Bay.  The approved criteria are scheduled to be submitted to EPA for formal approval in February, 2013. Contact Eric Shaw at (850) 245-8429

View the Numeric Nutrient Standards web page  for more information.

Last Updated: February 11, 2012

62-303
Identification of Impaired Surface Waters
Per US Clean Water Act requirements, the state has initiated the Triennial Review of state surface water quality standards. All surface water quality standards are under review. Possible rule revisions include revisions to human health-based numeric criteria, revisions to criteria for dissolved oxygen, and miscellaneous rules changes in 62-302, 62-303, and 62-4. Other rule revisions are possible.

Public Workshops were held on May 15, May 16, May 17, July 31, August 1, August 2, November 15, 2013 and February 5, 2013.

Public Human Health-based Criteria Peer Review Committee meeting held on October 8 and 9, 2012.

View the Triennial Review web page for more information.

Last Updated: April 5, 2012

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Water Facilities Funding Draft Rules

Rule Title Description Contacts/Drafts/Documents Status

62-503
State Revolving Loan Program  for Water Pollution Control

Revises the priority system to ensure funds are available to the highest priority projects.  Also modifies the procedure for calculating the financing rate, lowering it slightly for the financially disadvantaged communities and raising it slightly for those that are not disadvantaged.  Financing rate reductions are proposed to reduce the burden of implementing Davis-Bacon wage rate requirements and Buy American when required by the federal government.  Also, financing rate incentives are proposed for projects that are innovative and for project sponsors that implement an accepted asset management plan.

Tim Banks

Draft rule sent to the Joint Administrative Procedures Committee for review. 

Last Updated: June 10, 2013

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Water and Wastewater Draft Rules

Rule Title Description 

Contacts/Drafts/Documents

Status
62-531
Water Well Contractor Licensing Rule
Add an administrative fine for practicing water well contracting without a valid license. Increase the maximum administrative fine for licensed water well contractor found in violation of the water well rules. Change the license renewal time period.

Rule Development workshop was held December 3, 2009. See Rule Development page for more details.

Last Updated: February 11, 2013

62-555
Permitting, Construction, Operation, and Maintenance of PWSs
Amend Rule 62-555.360 pursuant to Executive Order 11-72 to give CWSs more flexibility regarding acceptable backflow protection at service connections to residential premises where there is an auxiliary water system and allow less-frequent testing of backflow preventer assemblies at service connections to residential premises. Also, clarify or update Rules 62-555.330, 62-555.360, and 62-555.900. Contact John Sowerby at (850) 245-8637

A Notice of Rule Development was published on March 27, 2013. A rule development workshop will be held on April 17, 2013, at 10:00 a.m. at the Department of Environmental Protection, Bob Martinez Center.

The workshop will also be transmitted as a webinar:  https://www2.gotomeeting.com/register/794440170.

See workshop agenda for additional details.

Last Updated: April 18, 2012

62-555
Permitting, Construction, Operation, and Maintenance of PWSs

Amend rules pursuant to Executive Order 11-72 to:

  1. Reduce sampling or treatment requirements for wells.
  2. Require capacity analysis reports only for CWSs serving greater than 3,300 persons.
  3. Allow plumbing contractors to design certain PWS projects that have a value up to $125,000.
  4. Clarify GP requirements.

Also, clarify or update 12 or more sections in Chapter 62-555.

Contact John Sowerby at (850) 245-8637.

In the DEP 2012-2013 Regulatory Plan. Rule amendments being drafted. Notice of Rule Development expected late in 2013. 

 

Last Updated: March 27, 2013

New! 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

New! 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.

New! Draft Generic Permit 62-621.300, Construction Generic Permit (CGP), and Industrial Wastewater Generic Permit for Discharge of Ground Water From Dewatering Operations

New! Draft Generic Permit 62-621.300, Industrial Multi-Sector Generic Permit (MSGP)

New! Draft DEP Forms 62-621.300 (4)(b), Notice of Intent (NOI) for Construction Generic Permit (CGP)

New! Draft DEP Forms 62-621.300 (4)(b), Notice of Intent (NOI) for Industrial stormwater Multi Sector Generic Permit (MSGP)

New! Draft Rule Revisions 62-620 and 62-621

New! 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: April 23, 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.

Draft Rule 62-621.300(1) and 62-621.300(2), Draft Rule for the Generic Permit for Discharges from Petroleum Storage and Petroleum Contaminated Sites and the Generic Permit for Discharge of Ground Water from Dewatering Operations

Draft Generic Permit 62-621.300(1)(a), Generic Permit for Discharges from Petroleum Storage and Petroleum Contaminated Sites

Draft DEP FORM 62-621.300(1)(b) Draft Notice of Intent (NOI) to use the Generic Permit for Discharges from Petroleum Storage and Petroleum Contaminated Sites

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: April 8, 2013

62-621.300 (2)
Generic Permit for Discharge of Ground Water from Dewatering Operations. These revisions will update the existing generic permits that have not changed substantively since they were adopted

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).

New! Draft Generic Permit 62-621.300(2)(a), Generic Permit for Discharge of Ground Water from Dewatering Operations

New! Draft DEP Form 62-621.300(2)(b), Notice of Intent (NOI) to use the Generic Permit for Discharge of Ground Water from Dewatering Operations

New! Draft DEP Form 62-621.300(2)(f) Notice of Termination

New! Draft Rule 62-621.300(2)

New! 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: April 23, 2013

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

New! 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. 

New! Draft Rule Revisions 62-624, Stormwater Generic Permits for Phase II Municipal Separate Storm Sewer Systems (MS4)

New! Draft Generic Permit 62-624, Discharge of Stormwater from Phase II Phase II Municipal Separate Storm Sewer Systems (MS4)

New! Draft DEP Forms 62-624.300(7)(b), Notice of Intent (NOI) for Phase II Municipal Separate Storm Sewer Systems (MS4)

New! 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: April 23, 2013

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Last updated: June 14, 2013

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