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Environmental Protection Commission of Hillsborough County Rule Revision Update June 28, 2012.

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Presentation on theme: "Environmental Protection Commission of Hillsborough County Rule Revision Update June 28, 2012."— Presentation transcript:

1 Environmental Protection Commission of Hillsborough County Rule Revision Update June 28, 2012

2 Rule Revision & Update The EPC Act provides that this Board has the power to adopt, revise, and amend rules necessary to provide for the effective control of pollution

3 The intent of this revision is to: Review Agency Rules for consistency with the Enabling Act Identify “out-of-date” or obsolete rules that are no longer needed Identify areas in the our Rules for updating & streamlining Provide customers with clarified Rules reflecting consistency and accuracy Does not add new substantive regulations No negative financial impact to regulated community Does not weaken our environmental protection

4 List of Rules to be Revised, Updated, or Deleted: Chapter 1-1: General Rules Chapter 1-2: Administrative Procedures Chapter 1-3: Stationary Air Pollution Sources and Ambient Air Quality Standards Chapter 1-5: Water Quality Standards Chapter 1-7: Waste Management Chapter 1-8: Mobile Sources Chapter 1-10: Noise Pollution Chapter 1-12: Storage Tank Rule

5 The Board voted on May 17, 2012 to: Review the rules at the June 28 th meeting Set a Public Hearing on July 19, 2012

6 Rule 1-1: General Rules Chapter 1-1, Rules of the EPC are general regulatory rules that apply to all forms of pollution The rule requires: Operation and maintenance of pollution control devices as designed. Sampling and testing of pollution sources and also to maintenance of records/activities. Reporting of abnormal events (malfunction, discharge, etc.). The rule prohibits degradation of the environment, concealment of discharges, and circumvention of pollution control devices. The proposed revision will : Repeal the requirement that the EPC be copied on all building permit applications if the project could be a source of pollution and allow the EPC 14 days to comment. Amend/Clean up of references to out-dated rules numbers and agency names.

7 Rule 1-2: Administrative Procedures Chapter 1-2, Rules of the EPC are rules that provide for appeal procedures, rulemaking procedures, variances and waivers procedures, and public noticing. This rule is not a regulatory rule, but a procedural rule The proposed revisions will : Clarify what applications/projects qualify for heighten public concern Provide a procedure for how EPC authorizations can be suspended or revoked and how that action can be challenged. Provide a default 10-minute time limit for arguing final orders before the Commission as they sit in their judicial capacity. Eliminate the optional public comment when the Commission sits in its judicial capacity, as the current rule unintentionally allows new evidence to be considered after the appropriate time for evidence to be taken (during the hearing conducted by the hearing officer).

8 Rule 1-3: Stationary Air Pollution Sources and Ambient Air Quality Standards This Rule Regulates industrial sources of Air pollution and adopts Florida DEP regulations by reference for industrial air sources and ambient air quality standards Proposed revision will: Repeal Section 1-3.53(1)(c) - obsolete language because it sets a specific limit for a source that is no longer in operation, Tampa Electric’s Hooker’s Point plant Streamline – EPC’s enhanced air permitting public notification requirements in Section 1-3.24 by requiring notice for initial construction permits only Update - DEP regulations adopted by reference Delete - obsolete rule references

9 Rule 1-5: Water Quality Standards This Rule sets Water Quality Standards and adopts Florida DEP regulations by reference for water pollution sources and Water quality standards The Proposed Revision will : Delete obsolete rule references Eliminate redundant sections and duplicative references; Update DEP Regulations adopted by reference Correct typographical errors, omissions and indexing Clarify emergency planning requirements for liquid waste dams

10 Rule 1-7: Waste Management It regulates solid waste, solid waste management facilities, hazardous waste, old landfills, and contaminated site redevelopment activities The rule also adopts Florida DEP regulations by reference for Solid and Hazardous Waste. The proposed revision will: Update - DEP regulations adopted by reference Delete - obsolete rule references Make applications easier for local governments seeking financial assurance waivers for solid waste projects

11 Rule 1-8: Mobile Sources Regulates emissions from motor vehicles caused by tampering, improper maintenance and improper fueling that contributed to high ozone levels in Hillsborough County Regulates motor vehicle operators, retail gasoline stations, and motor vehicle sales and repair facilities Propose to repeal Chapter 1-8 because: Tailpipe Emissions are Cleaner - Federal standards for new vehicles are more stringent than EPC’s older rule Tampering is No Longer an Issue - Newer vehicles use on-board computers to control emissions and these are difficult to tamper with Gasoline Stations are Better – Stations now use a vapor balance system to control emissions during fueling and gasoline transfer at retail gasoline stations Air Quality Transportation Planning is Improved - Local mobile source emission control includes coordination with the Metropolitan Planning Organization (MPO) for transportation planning and congestion mitigation measures Cleaner Alternative Fuels are Being Encouraged - EPC participates on the Energy Management and Sustainability Committee, working to promote fuel diversification and the Clean Cities Coalition. These efforts all will ultimately result in reduced mobile source emissions.

12 Rule 1-10: Noise Pollution Establishes sound level limits for noise from stationary sources (such as amplified music from bars and outdoor music venues; motor vehicle racing; equipment at residences, businesses and industries) To ensure conformance with House Bill 45, passed by the 2011 Florida Legislature, which pre-empts all firearms regulation by local governments, the proposed revision will: Repeal Section 1-10.07 – Currently requires an initial compliance demonstration for new shooting ranges in Hillsborough County Amend Section 1-10.04(9) - To exempt all shooting ranges from EPC’s noise regulation

13 Rule 1-12: Storage Tanks This Rule adopts Chapters 62-761 and 62-762, F.A.C. in order to regulate underground and aboveground pollutant storage tank systems as well as requires storage tank installation and upgrade plan reviews. EPC has reviewed storage tank installation and upgrade plans for approximately twenty years. The proposed change would : Transfer the installation or upgrade plan review requirement from Chapter 1-1 General Rules (Approval Required) to Chapter 1-12 Storage Tank Rule (Chapter 1-12-61.45 Notification and Reporting). Clarify the procedure that has been followed for reviewing storage tank installation applications and plans: – Prior to applying for a building permit, an Application for the Installation or Upgrade of Pollutant Storage Tank Systems and a copy of the building plans are submitted to EPC for review.

14 To accomplish these rule revisions, the Board has voted for a Public Hearing to be held and Commission action be taken at the EPC Board meeting on August 9, 2012.

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