• Law Enforcement Cases
• Permitting Cases
• Chapter 62 Amendments for Third Quarter 1997

Natural Resource Damages/law Enforcement -- Opa Includes Natural Resource Damage Claims That Can Be Submitted Against the Oil Spill Liability Trust Fund. DEP v. National Pollution Funds Center, U.S. District Court/Northern District of Florida, 4:96cv517/MP. 

     NPFC refused to adjudicate numerous natural resource damage claims submitted by DEP against the Oil Spill Liability Trust Fund, declaring that the state has no recourse against the Fund for such claims except by means of congressional appropriation.  DEP requested reconsideration, which was denied.  DEP filed suit asserting that the clear language of OPA includes natural resource damage claims within claims which can be presented to the Fund after denial by the discharging party (which claims do not require special appropriation). 

     The parties agreed that this case would be decided on cross motions for summary judgment.  DEP filed its motion for summary judgment June 2, 1997. Defendant’s attorney suggested that the parties request an extension of time for Defendant’s response and a continuance of oral argument upon Plaintiff’s Motion pending the US Attorney General’s internal review of conflicting interpretations of OPA by federal agencies.  The Court granted this extension.  The US Attorney General review resulted in an opinion (issued 9/25/97) which interprets the disputed provisions of OPA in the same way that DEP does.  The parties have been granted another extension of time in order to finalize a settlement. 
  

Permitting Cases 

Standing -- Petitioners’ Cases Dismissed after Final Hearing for Failing to Prove Special Injury under Section 120.57 or File a Verified Petition as Required under Section 403.412(5). Joyce Cummings, Sharon Cutter, Ronnie Edward, et al. v. Buckeye Florida L.P., and DEP, (Final Order, October 22, 1997, Recommended Order by ALJ Don W. Davis, September 10, 1997), DOAH Case Nos. 97-692, 97-930, and 97-1449. 

     Department’s Final Order adopted ALJ’s conclusion after a four day final hearing that Petitioner’s lacked standing under section 120.57(1) of the Florida Statutes to challenge Buckeye’s proposed pipeline project, because Petitioner’s never raised as an issue a “claim that the project would adversely impact their residential properties in Taylor County.”  Petitioners failed to demonstrate that they would suffer any special injury beyond the “general injury” suffered by the public at large.  Petitioner’s also lacked standing under sections 403.412(5) of the Florida Statutes because they failed to file a verified petition.  
 
  

Chapter 62 Florida Administrative Code 

     Amendments for Third Quarter 1997 
  

62-204 10-3-97 Air Pollution Control - General Provisions 

     Amendments were made to section .800, Federal Regulation Adopted by Reference, as a 403.8055, F.S. procedure. 
  

62-210 11-13-97 Stationary Sources-general Requirements 

     This rulemaking establishes non-Title V air general permits for concrete batch 
plants, human crematories, and animal crematories; revises the non-Title V air 
general permit notification forms for all source categories to provide more 
information to permittees; provides that while small emission units at Title V 
sources are not exempt from permitting under the rule, they may be considered 
insignificant for Title V purposes; provides public notice requirements for 
sources subject to new source review under the air toxics new source review 
rules adopted by reference at Rule 62-204.800(10)(d)2., F.A.C.; amends the 
definition of volatile organic compounds to exclude certain chemicals; and 
 makes other changes to clarify intent and streamline air permitting requirements. 

62-212 10-28-97 Stationary Sources-Preconstruction Review 

     Amendments to this rule chapter addresses preconstruction review of stationary 
sources of air pollutant emissions, cross-referencing text of the federal air toxics new source review rule promulgated by the EPA under section 112)6) of the Clean Air Act and adopted by reference at Rule 62-204.800, F.A.C. Language was added to clarify information necessary for an air construction permit application. 

62-213 11-13-97 Operation Permits for Major Source of Air Pollution 

     This rulemaking provides that small emissions units at major sources of air 
pollution (Title V sources) may no longer be exempted from permitting but may 
be considered insignificant for Title V purposes.  In addition, this rule making 
clarifies procedures for reducing the reporting burden on sources eligible to 
operate under Title V air general permits and makes other clarifying changes to 
the Title V air permitting program. 

62-296 11-13-97 Stationary Sources-emission Standards 

     This rulemaking addresses air pollution control requirements for human and 
animal crematories and concrete batching plants.  Language addressing animal 
crematories is moved from Rule 62-296.401(4) to Rule 62-296.401(6), F.A.C. 
Applicability of the concrete batching plants rule and visible emissions limit is 
clarified; rule language is added to explain how the unconfined emissions rule is 
to be applied; and language is added to clarify visible emissions test conditions. 
A visible emissions testing schedule is established for concrete batch plants. 

62-297 10-28-97 Stationary Sources - Emissions Monitoring 

     Amendments to this rule chapter addresses air pollution control requirements for crematories and concrete batching plants.  Language was added to clarify that annual compliance testing for visual emissions is not required for emissions units permitted under general permits except concrete batch plants and human and animal crematories. 

62-770 9-23-97 Petroleum Contamination Site Cleanup   Criteria 

     Section .160 provides for “grandfathering” of sites undergoing active remediation; or, sites that have an approved monitoring only plan may remediate to the cleanup criteria in the former rule.  All other sites are required to remediate to the cleanup criteria in this rule amendment.  The rule establishes that the cleanup criteria are only applicable to sites that are contaminated with petroleum or petroleum products’ chemicals of concern and that the cleanup target levels for groundwater are based on the applicable state water quality standards except where alternative cleanup target levels have been established pursuant to this chapter. 

     Definitions for certain words or phrases used in the chapter are amended. 
Contamination reporting requirements for discharges of petroleum or petroleum products’ chemical of concern is established, which will make the rule consistent with revisions to the reporting requirements in rules associate with aboveground and underground storage systems.  The amendments provide for guidance and direction on source removal and provide for the objectives and tasks for performing an assessment of a contaminated site. Amendments establish task elements (exposure, toxicity and risk characterization) and guidance for submitting and performing a risk assessment.  Guidance for issuance of a No Further Action without conditions or restrictions is established.  Monitoring of natural attenuation is provided.  Guidance for preparation and submittal of a Remedial Action Plan is established.