Fla. Admin. Code Ann. R. 62-257.301 - Notification Procedure and Fee

(1) Survey Required. The owner or operator of a renovation or a demolition at a facility must complete a survey of the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos before commencing the planned renovation or demolition. The asbestos survey must be conducted by a licensed asbestos consultant, except as provided at Section 469.002, F.S.

(2) Survey not Required. The owner or operator of a renovation or demolition is not required to conduct a survey if:

(a) The total project size is less than:

1. Two hundred sixty (260) linear feet (eighty (80) linear meters) on pipes;

2. One hundred sixty (160) square feet (Fifteen (15) square meters) of other facility components; or

3. Thirty-five (35) cubic feet (One (1) cubic meter) of facility components where the length or area could not be measured previously.

(b) The renovation or demolition project qualifies for the "residential exemption" defined in 62-257.200, F.A.C.

(3) Notification Required. The owner or operator of a renovation or demolition at a facility is required to submit the "Notice of Renovation or Demolition Form" (Form 62-257.900(1)), electronically through the Department's Business Portal at http://www.fldepportal.com/go, effective March 2025, or by hardcopy, herein adopted and incorporated by reference, effective March 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-17896), to the Local Air Program or where there is no delegated Local Air Program, to the Department's District Office having jurisdiction over the facility. Copies of the form and instructions may be obtained by writing to the State Asbestos Coordinator, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The form is also available on the internet at www.floridadep.gov/air or at the Department's District Offices or at Local Air Program offices.

(a) The notice will be complete when the owner or operator legibly provides all the information requested on the Department's form, and must include a copy of the survey required by subsection 62-257.301(1), F.A.C. If applicable, the additional information required by 40 C.F.R. 61.145(b), adopted and incorporated by reference in Rule 62-204.800, F.A.C., for ordered demolitions or emergency renovation operations must also be attached.

(b) The notice will be timely when the owner or operator mails it or delivers it to the Local Air Program or, where there is no Local Air Program, to the Department's District Office having jurisdiction over the site of the renovation or demolition operation, so that it is postmarked or received:

1. At least 10 working days prior to the start of the renovation or demolition operation, or

2. No later than the following working day after an emergency renovation operation or ordered demolition, or

3. At least 10 working days prior to the end of the calendar year preceding the year for which a planned renovation operation notice is being given.

(c) The owner or operator who submits a single planned renovation operation notification involving small individual nonscheduled operations shall indicate on the notice form the total amount of regulated asbestos-containing material predicted to be removed during the calendar year based on operating experience.

(d) If after the start of the project it is determined that at least 20 percent more regulated asbestos-containing material than originally reported to the Department is to be removed, the owner or operator shall submit a revised notification according to Rule 62-257.301, F.A.C.

(e) This notification form, when complete and timely submitted, will satisfy the notification requirements of the EPA's National Emission Standards for Asbestos, 40 CFR 61.145(b).

(f) Notification Exemptions. The owner or operator of a renovation or demolition is not required to submit a "Notice of Renovation or Demolition Form" if:

1. The renovation or demolition project meets the definition of "residential exemption"; or

2. The renovation involves less than the threshold amount of regulated asbestos-containing material.

(g) Fee Required. Except as noted in paragraph 62-257.301(3)(h), F.A.C., each asbestos removal project fee shall be calculated in accordance with the following fee schedule

1. Electronic Submittal through the Department's Business Portal with concurrent electronic payment: $100.00 Flat Fee

2. Electronic Submittal through the Department's Business Portal with no concurrent electronic payment: $200.00 Flat Fee

3. Hard Copy Submittal of Florida DEP Asbestos Notification Form, DEP Form 62-257.900(1): $200.00 Flat Fee

(h) Fee Exemptions. The owner or operator of an asbestos removal project is not required to pay a fee to the Department under the following circumstances.

1. The asbestos removal project involves schools, colleges, or universities.

2. The asbestos removal project is located in Broward, Hillsborough, Miami-Dade, Orange, Palm Beach, Pinellas, or Sarasota counties; and is not at a county-owned facility. In this circumstance, the owner or operator will be invoiced by the local program office according to their local fee schedule.

Notes

Fla. Admin. Code Ann. R. 62-257.301

Rulemaking Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS.

New 3-31-94, Formerly 17-257.301, Amended 11-23-94, 3-24-96, 2-9-99, 10-12-08, Amended by Florida Register Volume 51, Number 048, March 11, 2025 effective 3/23/2025.

New 3-31-94, Formerly 17-257.301, Amended 11-23-94, 3-24-96, 2-9-99, 10-12-08.