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Siting Coordination Office - Florida Department of Environmental

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The “Siting” Acts
Electrical Power Plant Siting Act
Electrical Transmission Line Siting Act
Natural Gas Transmission Pipeline Siting Act
The Certification Process and Agency
Involvement
Created for
Siting Workshop – Altamonte Springs
February 5, 2008
http://www.dep.state.fl.us/siting
1
Electrical Power Plant Siting Act
The Certification Process and
Agency Involvement
2
Electrical Power Plant Siting Act
пЃ¬ Created by Florida Legislature in 1973
пЃ¬ Revised in 2006
пЃ¬
Sections 403.501- 403.518, Florida Statutes
пЃ¬ Supporting Rule: 62-17, Part I, F.A.C.
пЃ¬ Multi-agency review with ultimate approval by
Governor & Cabinet (“Siting Board”)
3
Electrical Power Plant Siting Act
пЃ¬ Power plants prior to 1973 continue being licensed
through regular permitting processes.
пЃ¬ Some sites have generation units which were permitted
both prior to the passage of the Act, and after the Act.
Different procedures and coordination contacts may
apply for the same site’s differing units.
 The Department of Environmental Protection’s (DEP)
website contains a listing of sites regulated under the
Power Plant Siting Act:
(http://www.dep.state.fl.us/siting/certification.htm).
4
Electrical Power Plant Siting Act
Thresholds:
пЃ¬ Steam electric power plants > 75 megawatts (MW)
(gross steam component)
пЃ¬ Solar power plants which are > 75 MW
Steam plants may be combined-cycle units, nuclear units, IGCC, pulverized
coal units, or conventional oil/gas-fired.
Combustion turbines can be permitted in conjunction with a certified facility,
or as an addition via the modification process, but alone do not trigger the
certification process.
5
Site Certification Procedure
Certification Requirements
1) Determination of Need – PSC (Public Service
Commission)
2) Site Certification Application (SCA) Review – DEP
with affected agencies
3) Federal Permits – Must be in at least “Draft” stage
prior to certification hearing. (PSD, NPDES, UIC,
RCRA)
6
Site Certification Procedure
Affected Agencies
пЃ¬ Department of Community Affairs
пЃ¬ The Water Management District
пЃ¬ Each Local Government
пЃ¬ Fish and Wildlife Conservation Commission
пЃ¬ Regional Planning Council
пЃ¬ Department of Transportation
пЃ¬ Any other agency, if requested by the Department (Dept. of State,
Dept. of Agriculture)
7
Electrical Power Plant Siting Act
пЃ¬ Certification (Licensing) supersedes and
encompasses ALL state and local permits and
approvals.
пЃ¬ Certification does not supersede Federal
permitting processes (PSD, NPDES, UIC,
RCRA)
8
Electrical Power Plant Siting Act
 Licensing is for the “Life of the Facility”
 May include “associated facilities” distant
from or extending from the main site such as:
• Landfills
• Natural gas pipelines
• Rail lines
• Roadways
• Electrical transmission lines
9
Electrical Power Plant Siting Act
пЃ¬ Associated facilities certification may be for a
“corridor”, within which the right-of-way (ROW),
associated facility, and access and maintenance roads
will eventually be located.
пЃ¬ Corridor may be up to a mile in width, with unlimited
length.
пЃ¬ Review process is for entire corridor, with focus on
where a ROW would not be appropriate or permittable.
пЃ¬ Corridor will be reduced to the boundary of the ROW
after certification.
10
PPSA Certification Procedures
пЃ¬ The certification process is a legal proceeding.
пЃ¬ DEP (The Siting Office):
пѓ�
administers the processing of applications
пѓ�
administers and manages the terms and conditions of the
certification order for the life of the facility
 The schedule and proceeding incorporates a “Land Use
Determination” (which is made by the local government) with
final approval of land use by the Siting Board.
пЃ¬ Depending on whether the project is disputed, the Final Order of
certification will be issued by the Siting Board or the DEP
Secretary.
11
PPSA Certification Procedures
Land Use Determination
пЃ¬ This is not a step that the Districts or WM Districts
will be involved in.
пЃ¬ However, since a hearing may occur in the case of a
dispute, with newspaper and other public notice
published, staff need to be aware of this step (may
occur after completeness review but prior to
Preliminary Statements of Issues).
пЃ¬ Refer any questions to the Siting Coordination
Office.
12
PPSA Certification Procedures
Timelines of Certification are Controlled by Statute.
пЃ¬ Once the applicant submits the Application, DEP
(Office of General Counsel) must immediately file the
application with the Department of Administrative
Hearings (DOAH).
пЃ¬ Within 7 days of receipt of SCA, DEP must propose a
schedule and request the appointment of an
Administrative Law Judge (ALJ).
13
PPSA Certification Procedure
Completeness Review
пЃ¬
Affected Agency comments/recommendations on completeness
are due to DEP within 30 days of filing of the Application.
пЃ¬
DEP (Siting) must file a Completeness Determination (1st) with
DOAH within 40 days of filing of the Application.
пЃ¬
The applicant has 30 days to submit additional information.
(can also ask for more time)
пЃ¬
Agencies have 15 days from receipt of additional information to
comment on completeness.
14
PPSA Certification Procedure
Completeness Review
пЃ¬ DEP (Siting) has 7 more days to file the 2nd
Completeness Determination with DOAH.
пЃ¬ The second completeness step continues until the
application is found complete.
пЃ¬ This is a funneling process. No new issues unless
related to answers to previous questions.
пЃ¬ Most applications are found complete on the second
go-round.
15
PPSA Certification Procedure
Preliminary Statements of Issues
 Required by Statute – Agencies (WMDs/DEP
Districts/Bureaus)
 Due 40 days after application is “complete”.
 This is a “heads up” to DEP and applicant on things
that could be a barrier to certification.
пЃ¬ Gives the applicant a chance to contact the agency and
work on solving the issues.
 Failure to raise an issue here “shall not preclude the issue
from being raised in the agency’s report”.
16
PPSA Certification Procedure
Agency Reports
 Required by Statute for all statutory agencies. DEP’s
Siting Office report constitutes the DEP report.
 Due 100 days after application is “complete”
пЃ¬ Includes:
пЃ¬
A Report on Matters Within the Agency’s Jurisdiction
Which may Potentially be Affected by the Proposed Project
пЃ¬
Recommendation on Approval or Denial of Project
пЃ¬
Conditions of Certification (COC)
17
PPSA Certification Procedure
Conditions of Certification
пЃ¬ These are the conditions that would normally go into the
“standard” state issued permit.
пЃ¬ Conditions should be comprehensive.
пЃ¬ Must have regulatory authority (proposed conditions are
required to include citations).
пЃ¬ Even if an agency recommends Denial of the project, a full
set of COC should be submitted as the project may still be
certified.
18
PPSA Certification Procedure
Conditions of Certification
в—Џ Proposed COC should include the following as applicable:
пѓ�
regulatory citations supporting requirement/condition;
пѓ�
frequency, starting timeframes, and duration of reporting
requirement;
пѓ�
identify maps or special details (if necessary);
пѓ�
management plans;
пѓ�
section of DEP/WMD/agency to receive reports/management plans no addresses and phone numbers (include notification to the Siting
Office.
пЃ¬ Review COC for the projects in your area, and evaluate for
necessary updates or corrections. Notify the Siting Office when a
modification may be necessary and include proposed Condition
language.
19
PPSA Certification Procedure
Conditions of Certification
пЃ¬ If not all plans are known, draft a condition that
requires a “post-certification submittal” for review and
approval. These may include:
в—Џ Management Plans
в—Џ Site-specific details for rights-of-ways and equipment
only generically described to be located within an
associated facility corridor.
Example: Stormwater Plans
20
PPSA Certification Procedure
Project Analysis & Draft COC
пЃ¬ Drafted by the Siting Office and filed with the
Administrative Law Judge (ALJ) 130 days after application
deemed “complete”.
пЃ¬ Includes:
 DEP’s report
пЃ¬ Copies of other Agency Reports
пЃ¬ DEP recommendation (Approval/Denial)
пЃ¬ Comments received from any other agency or person
пЃ¬ Status of any Federal permit
Note: If Federal permits are not at least in “draft” stage, certification will
not move forward and Siting will file for extension of time.
21
PPSA Certification Procedure
Hearing Before the ALJ
пѓ�
Required
a) PSC has determined a “Need” for the project.
b) The Proposed Site Conforms to the Land Use Plan or Zoning
Ordinances (or the Siting Board has granted relief).
c) There have been no requests for extension of time.
d) No Stipulation.
e) Draft Federal permits have been issued.
пѓ� If requirements are met, a Certification Hearing Shall be Held with the
ALJ no later than 265 days after the filing of the Application.
22
PPSA Certification Procedure
Hearing Before the ALJ
 Hearing will be held in the “vicinity” of the proposed
power plant.
пЃ¬ DEP, WMD, and other agency staff may be requested to
testify, either as fact or expert witnesses.
пЃ¬ Hearings may last one or two days to several weeks.
пЃ¬
If petitions against draft federal permits, these may be
consolidated into the Site Certification Hearing
23
PPSA Certification Procedure
Siting Board Hearing
пЃ¬ ALJ submits a Recommended Order to the Siting Board
within 45 days after filing of hearing transcript.
пЃ¬ The Siting Board, by written order, approves or denies
certification within 60 days after receiving ALJ’s
recommendation.
пЃ¬ Issues raised in the Board Hearing are limited to matters
raised in the ALJ hearing or raised in the ALJ
Recommended Order.
24
PPSA Certification Procedure
Stipulation Between All Parties
пЃ¬ If all parties to the proceeding stipulate that there are no
disputed issues of fact or law, DEP or the applicant may
request to cancel the ALJ hearing.
 If request is “granted”, the ALJ relinquishes jurisdiction
to DEP.
пЃ¬ The DEP Secretary will then act, by written order, upon
the application.
25
PPSA Certification Procedure
Opportunities for Public Intervention
1)
Citizens may attend the Informational Public Meeting if held*;
2)
“Affected persons” may challenge a local government’s Land Use
Determination, resulting in a Hearing;
3)
Citizens may attend the Land Use Hearing (ALJ) if held;
4)
Citizens may attend the Certification Hearing (ALJ) if held;
5)
Citizens may attend Siting Board Meeting for Land Use if held;
6)
Citizens may attend Siting Board Meeting for Certification if held.
Note:
Additional opportunities for involvement exist within the PSC Need
Determination and Federal Permitting processes which are not
26
outlined here.
PPSA Certification
пЃ¬ Potential actions/requirements after certification,
include:
пѓ�Post-Certification submittal review
пѓ�Amendments
пѓ�Modifications
пѓ�Monitoring
пѓ�Enforcement
27
Post Certification Submittals
пЃ¬ Submittals required by a specific COC.
пѓ�Reports, drawings, plans, etc.
пѓ�Compliance demonstration of certification.
пЃ¬ Submitted to Siting and appropriate reviewing agency.
пЃ¬ Review period of 90 days or less required by Statute.
28
Post Certification Amendments
пЃ¬ Any change or revisions to the application that do not
alter conditions of certifications require the licensee to
submit a written Request for Amendment.
пЃ¬ All Requests for Amendment should come through the
Siting Office!
пЃ¬ The Siting Office will distribute the Request to
affected district offices and agencies for their input.
29
Post Certification Amendments
We have 30 days to:
a) Determine that the request IS an amendment (NOT a
modification) and issue a written approval if an
amendment (no fee required).
b) Determine that the request is NOT an amendment, and
provide written notice that the request will require a
modification to the COC; or
c) Determine that more information is needed, and request
the information in writing. (15-day review period for
additional information)
30
Modification of Certification
403.503 Definitions - Modification
“means any change in the certification order
after issuance, including a change in the
Conditions of Certification.”
31
Modification of Certification
пЃ¬
If the proposed change/activity at the facility…
Would normally require a state permit and is not
“covered” under the existing COC,
пЃ¬
This is a modification and requires changes/additions to
the COC.
пЃ¬
Fee Required (Note: For Certification applications and
modifications, no fees are to be collected for state or local
permitting actions.)
32
Modification of Certification
Certifications may be modified in one of the following ways:
1) Siting Board Initiates
2) Licensee files a petition (Fee Required)
3) Department Initiates
4) Update for consistency with Federal permit
(“Auto-Mod)
5) Update for consistency with subsequently adopted
rules (“Auto-Mod”)
33
Modification of Certification
When Petition for Modification is filed by Licensee:
пЃ¬ Agencies (and districts) have 25 days to file
completeness recommendations.
пЃ¬ Siting has 30 days to issue completeness
determination
пЃ¬ We rely on district offices and affected agencies
to evaluate and propose any necessary
changes/additions to the COC.
34
Monitoring
пЃ¬ Technical monitoring at the site will be done by the
jurisdictional agency/District.
пЃ¬ Siting must be notified if discrepancies with the
conditions are found.
пЃ¬ Discrepancies may be grounds for Enforcement
Actions.
35
Enforcement
Enforcement actions including Consent Orders are
initiated by the District/Bureaus but coordination
with the Siting Office and the Siting Program
attorney is necessary. Since no state or local
permits are issued, violations are against the
Certification, not a permit.
36
Electrical Power Plant Siting Act
Questions???
http://www.dep.state.fl.us/siting
37
Electrical Transmission Line Siting Act
(TLSA)
пЃ¬ Created by Florida Legislature in 1980
пЃ¬ Revised in 2006
 Sections 403.52 – 403.5365, Florida Statutes
пЃ¬ Supporting Rule: 62-17, Part II, F.A.C.
пЃ¬ Multi-agency review with ultimate approval by
Governor & Cabinet sitting as the “Siting Board”
38
Electrical Transmission Line Siting Act
п‚Ў
Thresholds:
пЃ¬
пЃ¬
пЃ¬
пЃ¬
230 kiloVolts or higher in electric transmission
capacity
Must cross a county line
Are 15 miles or longer
(Applicant may elect to use certification process
for smaller/shorter lines)
39
Electrical Transmission Line Siting Act
Transmission lines under the TLSA:
п‚Ў Extend from an existing or proposed
substation or power plant (but not including
it)
п‚Ў To an existing or proposed transmission
network or substation, or right-of-way
п‚Ў May include terminal or existing substations
40
Electrical Transmission Line Siting Act
п‚Ў
Certification is for a “Corridor”, within which the
right-of-way, towers, access and maintenance roads
will eventually be located
п‚Ў
Corridor may be up to a mile in width, with unlimited
length
п‚Ў
Review process is for entire corridor, with focus on
where a right-of-way would not be appropriate or
permittable
п‚Ў
Corridor will be reduced to the boundary of the rightof-way after certification.
41
Electrical Transmission Line Siting Act
п‚Ў
п‚Ў
Certification (Licensing) supersedes and
encompasses ALL state and local permits and
approvals.
However, transmission lines are exempt from
Local Land Use Plan requirements.
42
Transmission Line Siting
Certification Procedures
Differences between the PPSA and TLSA:
п‚Ў
Process clocks and steps are not identical (TLSA is
shorter with some significantly different steps)
п‚Ў
No Land Use Determination is required
п‚Ў
Largely wetland/ERP issues
п‚Ў
May be subsets of main certification hearing (local
component hearings) in counties other than main
hearing
п‚Ў
Alternative Corridors may be proposed by third-parties
43
Transmission Line Siting
Certification Procedures
п‚Ў
п‚Ў
п‚Ў
Alternative corridor reviews are a minicertification process, with their own
timeclock steps
Same type of reviews required as for original
corridor, but with shorter timeframes
Typically shorter corridors
44
Transmission Line Siting
Certification Procedures
Steps and requirements that are the same as the PPSA:
п‚Ў PSC Need Determination
п‚Ў Completeness Review
п‚Ў Local Government Informational Meetings
п‚Ў Preliminary Statements of Issues
п‚Ў Agency Reports
п‚Ў Project Analysis, with proposed Conditions of
Certification
п‚Ў Certification hearing
45
Transmission Line Siting
Like the PPSA:
пЃ¬ Certification is for the life of the facility!
пЃ¬ May be many actions/requirements after
certification, including:
п‚Ў Post-Certification submittal review
п‚Ў Amendments
п‚Ў Modifications
п‚Ў Monitoring
п‚Ў Enforcement
46
Electrical Transmission Line Siting
Questions???
http://www.dep.state.fl.us/siting
47
Natural Gas Transmission Pipeline
Siting Act (NGPSA)
пЃ¬ Created by Florida Legislature in 1992
 Sections 403.9401 – 403.9425, Florida Statutes
пЃ¬ Supporting Rule: 62-807, Part II, F.A.C.
пЃ¬ Multi-Agency approvals require Governor &
Cabinet, sitting as the “Natural Gas Transmission
Pipeline Siting Board” as the approving authority
48
Natural Gas Transmission Pipeline
Siting Act
п‚Ў
п‚Ў
п‚Ў
Only applies to natural gas pipelines that are in-state
Inter-State are licensed by the Federal Energy
Regulatory Commission
Other Thresholds:
пЃ¬
пЃ¬
пЃ¬
Must cross a county line
Is 15 miles or longer
(Applicant may elect to use certification process for
smaller/shorter pipelines)
49
Natural Gas Transmission Pipeline
Siting Act
Provisions and process steps are similar to Electrical
Transmission Line Siting Act, with following
exceptions:
п‚Ў
Certification hearing is mandatory
п‚Ў
“Sufficiency” process is the equivalent of
“completeness” under PPSA and TLSA
п‚Ў
Different timeclocks
п‚Ў
Corridor width limitation is 1/3 mile wide, instead of 1
mile wide
50
Natural Gas Transmission Pipeline
Siting Act
Questions???
http://www.dep.state.fl.us/siting
51
List of Contacts
Mike Halpin
mike.halpin@dep.state.fl.us
Siting Administrator
Program Administrator
850-245-8005
Cindy Mulkey
cindy.mulkey@dep.state.fl.us
Engineer
Power Plant Case Manager
850-245-8006
Ann Seiler
ann.seiler@dep.state.fl.us
Environmental Specialist
Transmission Line Case Manager
850-245-8008
Jill Stoyshich
jill.stoyshich@dep.state.fl.us
Environmental Consultant
Everything else (legislation, budget)
850-245-8007
Toni Sturtevant
toni.sturtevant@dep.state.fl.us
Attorney
Legal Counsel
850-245-2257
52
DEP District Siting Liaisons
п‚Ў
Northeast
пЃ¬
п‚Ў
Northwest
пЃ¬
п‚Ў
Tim Gray
Southwest
пЃ¬
п‚Ў
Jim Bradner
Southeast
пЃ¬
п‚Ў
Darryl Boudreau
Central
пЃ¬
п‚Ў
Chris Kirts
Mara Nasca
South
пЃ¬
Audrey Wright
53
Contents of CD
п‚Ў
п‚Ў
п‚Ў
Application Guides
Flow Charts
Other Useful Information
пЃ¬
пЃ¬
пЃ¬
п‚Ў
п‚Ў
п‚Ў
Current and Anticipated Applications (timeline)
Current and Anticipated Applications Applications by DEP
district
Siting Statistics
Rules
Statutes
Training Presentation
54
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