Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-17 - ELECTRICAL POWER PLANT SITING › Section 62-17.191 - Postcertification Compliance Review, Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to specific conditions of
				certification, a licensee may be required to file site-specific technical data
				to allow the review by the department and any other affected agency of the
				licensee's compliance with the conditions of certification. This is considered
				postcertification review (PCR).
(a) Any
				submittal of information or determination of compliance pursuant to PCR does
				not provide a point of entry for a third party.
(b) Data required for PCR shall be equivalent
				to that which would be submitted for permits required in the absence of
				certification except where the conditions of certification specify a different
				requirement.
(c) The procedures for
				postcertification submittal processing, if not otherwise specified in the
				conditions, are as follows:
1. All
				postcertification submittals of information by the licensee, and all
				completeness findings and determinations of compliance by affected agencies,
				are to be filed with the department. Copies of each submittal shall also be
				submitted to the agency requiring the postcertification submittal and any other
				agency indicated in a specific condition requiring a postcertification
				submittal.
2. The department, and
				each affected agency receiving a copy of the postcertification submittal
				pursuant to subparagraph
				 62-17.191(1)(c) 
				1., F.A.C., shall review each postcertification submittal for completeness. For
				the purposes of postcertification reviews, completeness shall mean that the
				information submitted is both complete and sufficient. The department will
				consult with the other agencies receiving the submittal, as appropriate,
				regarding completeness. If the submittal is found by the department, or
				affected agency, to be incomplete, the license shall be so notified. Subsequent
				findings of incompleteness, by an affected agency, must be made in consultation
				with the department. Failure of the department or affected agency, to issue
				such a notice within 30 days after filing of the submittal shall constitute a
				finding of completeness. If a situation arises in which mutual agreement
				between either the department and the licensee, or, the licensee and an agency
				with substantive regulatory jurisdiction over a matter cannot be reached, the
				department may act as a facilitator in an attempt to resolve the
				issue.
3. Within 90 days after
				complete information is submitted, the department, or affected agency, shall
				give written notification to the licensee and other agencies to which the
				postcertification information was submitted of its assessment of whether there
				is reasonable assurance of compliance with the conditions of certification. If
				it is determined that compliance with the conditions will not be achieved, the
				licensee shall be notified with particularity and possible corrective measures
				suggested. Failure of the department, or affected agency, to notify the
				licensee in writing within 90 days of receipt of a complete postcertification
				submittal shall constitute a finding of compliance.
4. If the department, or affected agency,
				does not give notification of compliance within the time period specified in
				subparagraph  62-17.191(1)(c) 
				3., F.A.C., the licensee may begin construction pursuant to the terms of the
				conditions of certification and the subsequently submitted construction
				details.
(d)
				Postcertification compliance reviews shall be limited to the technical merits
				of whether the postcertification submittals demonstrate compliance with the
				conditions of certification. However, a postcertification compliance review may
				be the basis for initiating modifications to the relevant condition or to other
				related conditions.