Notice of Proposed Rule
<br />DEPARTMENT OF ENVIRONMENTAL PROTECTION
<br />Division of Water Resource Management
<br />RULE NOS.:RULE', TITLES:
<br />62-640.100 Scope, Intent, Purpose, and Applicability
<br />62-640.200 Definitions
<br />62-640.210 General Technical Guidance and Forms
<br />62-640.300 General Requirements
<br />62-640.500 Nutrient Management Plan (NMP)
<br />62-640.600 Pathogen Reduction and Vector Attraction Reduction
<br />62-640.650 Monitoring, Record Keeping, Reporting, and Notification
<br />62-640.700 Requirements for Land Application of Class AA, A, and B Biosolids
<br />62-640.800 Additional Requirements for Land Application at Reclamation Sites
<br />62-640.850 Distribution and Marketing of - Class AA Biosolids
<br />62-640.880 Additional Requirements Related to Biosolids Treatment Facilities
<br />PURPOSE AND EFFECT: The Department is developing amendments to Chapter 62-640, F.A.C., to ensure the
<br />proper management, use and land application of biosolids to protect waters of the state from nutrient pollution and in
<br />a manner that minimizes the migration of nutrients to prevent the impairment of waterbodies. The Department is
<br />proposing to amend the permitting rules to establish the rate of biosolids application based on biosolids
<br />characteristics and site-specific conditions, such as soil characteristics, water table, hydrogeology, site use, distance
<br />to surface water, in order to prevent nutrient pollution offsite. The rule revisions would allow the Department to
<br />better evaluate phosphorus characteristics in all biosolids to inform decisions as to the appropriate application rate;
<br />and will establish criteria for low, medium and high-risk sites that guide application practices and required water
<br />quality monitoring. Rule revisions would also require site specific groundwater and/ or surface water monitoring
<br />plans to detect nutrient migration.
<br />SUMMARY: Proposed amendments to Florida Administrative Code Chapter 62-640, entitled Biosolids, which
<br />regulates and ensures the proper management, use and land application of biosolids to protect public health and the
<br />environment, were developed to revise the monitoring and permitting criteria for the land application and
<br />management of biosolids, as well as in response to the deliberations and recommendations of the Biosolids
<br />Technical Advisory Committee to better address nutrient concerns.
<br />OTHER RULES INCORPORATING THESE RULES:
<br />62-160.120, 62-160.3005 62-302.300, 62-600.200, 62-600.550, 62-600.740, 62-699.2005 62-625.420, 62-709.3005
<br />62-610.300, 62-620.200, 62-620.310, 62-620.630, 62-340.700, 62-610.300, 62-620.350, 62-620.620, and 62-
<br />521.400.
<br />SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE
<br />RATIFICATION: The agency has determined that this rule will have an impact on small business or likely increase
<br />directly or indirectly regulatory cost in excess of $200,000 in the aggregate within one year after implementation of
<br />the rule. A SERC has been prepared by the agency.
<br />The Agency has determined that the proposed rule is expected to require legislative ratification based on the
<br />statement of estimated regulatory costs.
<br />Any person who wishes to provide information regarding a statement of estimated regulatory costs or provide a
<br />proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
<br />RULEMAKING AUTHORITY 373.043,403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707, FS.
<br />LAW IMPLEMENTED: 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704,
<br />403.707, 403.708 FS.
<br />A HEARING WILL BE HELD BEFORE THE ENVIRONMENTAL REGULATION COMMISSION AT A TIME,
<br />DATE AND PLACE THAT WILL BE NOTICED IN A FUTURE VOLUME OF THE FLORIDA
<br />ADMINISTRATIVE REGISTER.
<br />Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to
<br />participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by
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