9183492, 62-621.300 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 9183492

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

GENERIC PERMITS

Overview

RULE:

62-621.300

Permits

PURPOSE:

To develop a generic permit for pollutant discharges to surface waters of the state from the application of pesticides. On January 7, 2009, the U.S. Court of Appeals for the 6th Circuit Court, in National Cotton Council v. EPA, vacated an EPA rule that exempted pesticide applications to surface waters from the need to obtain National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act. On June 8, 2009, the Sixth Circuit Court granted EPA a two-year stay of their mandate and established April 9, 2011 as the effective date. On June 4, 2010, the EPA published a draft NPDES General Permit (called Generic Permits or GP in Florida) for pollutant discharges from the application of pesticides that will be applicable in unauthorized states and tribal lands. Authorized states are required to have an NPDES pesticides program in place and issue permits by the April 9, 2011 court deadline. The Department of Environmental Protection (DEP) is proposing to develop and adopt a Florida GP that follows the EPA NPDES GP template but will address Florida’s specific needs.

SUBJECT:

Generic Permit coverage for pollutant discharges to surface waters of the State from the application of pesticides.

RULEMAKING AUTHORITY:

403.061, 403.087, 403.088, 403.0885 FS.

LAW:

403.061, 403.087, 403.088, 403.0885 FS.

PRINT PUBLISH DATE:

10/1/2010 Vol. 36/39

RELATED STATUTES
AND LAWS:

403.061, 403.087, 403.088, 403.0885 FS., 403.061, 403.087, 403.088, 403.0885 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62-621.300&PDate=10/1/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.