2012 FEPA Presentation: Richard Musgrove

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  • 1. Submerged Lands and Environmental ResourcesStatewide Environmental Resource Permitting Florida Energy Pipeline Association July 18, 2012 Richard Musgrove, P.E. State Stormwater Engineer
  • 2. Purpose of the ERP ProgramProtecting Florida’s Water Resources: • Water Quality •Water Quantity Management & Flood Protection • Wetland Functions & Other Environmental Resources 2
  • 3. Types of ERP Authorizations 3
  • 4. Statewide ERP Rule Implementation •Department of Environmental Protection • All 5 Water Management Districts •Delegated Local ERP ProgramsEach permit application is processed by one – andonly one – Agency 4
  • 5. The Legislative Intent of HB 7003 for Statewide ERP Authorizes FDEP to adopt a statewide ERP rule having multiple parts for easy category access: • Simplify and Streamline Permit Processing • Increase Consistency - Statewide - for Rules and Regulatory Administration • Retain Regional Differences in Hydrology and Geology (Volume II of Applicants Handbooks) 5
  • 6. Specifics of the Legislation Rules based on the existing regional rules• Collaborative rulemaking – open and transparent• Reconcile arbitrary differences – balanced approach• Account for legitimate physical & natural differences• Continue existing rules until statewide rule adopted• Grandfather ongoing projects and permits• Continued DEP oversight and training• Require delegated local program consistency 6
  • 7. Now ….. …. and After5 rules, different requirements One statewide rule applied to all5 interpretations, inconsistent One interpretation, guided by DEPapplicationDifferent permitting thresholds and Statewide consistencycriteriaDifferent application and reporting Common, streamlined formsforms Ultimately one system, ExpandedMultiple data systems, no integration e-permittingDifferent outcomes for similar Consistent, predictable outcomesprojects 7
  • 8. Rules based on the existing regional rules• Collaborative rulemaking – open and transparent• Reconcile arbitrary differences – balanced approach• Account for legitimate physical & natural differences• Continue existing rules until statewide rule adopted• Grandfather ongoing projects and permits• Continued DEP oversight and training• Require delegated local program consistency 8
  • 9. Chapter 62-330 FAC• Provides for explanatory details on permit requirements• Provides consistent permit categories statewide• Provides all of the ERP Expanded Exemptions in one rule part (Part I)• Provides all Noticed General Permits in Part IV for all routine “limited impact” projects including most utility work, gas and fuel transmission and distribution lines, directional drilling and geotechnical exploration• Contains references for new FDOT and “10-2 minor development” legislation implementation 9
  • 10. Chapter 62-330 FAC• Provides for explanatory details on permit requirements• Provides consistent permit categories statewide• Provides all of the ERP Expanded Exemptions in one rule part (Part I)• Provides all Noticed General Permits in Part IV for all routine “limited impact” projects including most utility work, gas and fuel transmission and distribution lines, directional drilling and geotechnical exploration• Contains references for new FDOT and “10-2 minor development” legislation implementation 10
  • 11. Where do we go from here? Statewide Environmental Resource Permitting RuleComplete rule implementation in early 2013FDEP has posted the initial draft of the SWERP (62-330 FAC) rule on our website, open to the public for providing questions and comments on the rule on a Discussion Forum PageWorkshops and any rule hearings will be announced well in advance (the first workshop will be a statewide webinar presentation on July 26 with local technical teams for Q&A’s at various sites)Regional differences and all stormwater criteria will be retained, largely in the Applicants Handbook II (BOR) at the WMD levelStatewide Stormwater Rules? Possibly Phase II 11
  • 12. Questions?Richard Musgrove, P.E.State Stormwater Engineer, BSLERFlorida Department of EnvironmentalProtection(850) 245-8520Richard.Musgrove@dep.state.fl.us 12