62-210.350. Public Notice and Comment

(1) Public Notice of Proposed Agency Action.

(a) A notice of proposed agency action on permit application, where the proposed agency action is to issue the permit, shall be published by any applicant for:

1. An air construction permit,

2. An air operation permit, permit renewal or permit revision subject to paragraph 62-210.300(2)(b), F.A.C., (i.e., a FESOP), except as provided in sub-subparagraph 62-210.300(2)(b)1.b., F.A.C., or

3. An air operation permit, permit renewal, or permit revision subject to Chapter 62-213, F.A.C., except Title V air general permits and those permit revisions meeting the requirements of subsection 62-213.412(1), F.A.C.

(b) The notice required by paragraph 62-210.350(1)(a), F.A.C., shall be published in accordance with all otherwise applicable provisions of Rule 62-110.106, F.A.C. A public notice under subparagraph 62-210.350(1)(a)1., F.A.C., for an air construction permit may be combined with any required public notice under sub-subparagraph 62-210.350(1)(a)2. or 3., F.A.C., for air operation permits. If such notices are combined, the public notice must comply with the requirements for both notices.

(c) Except as otherwise provided at subsections 62-210.350(2), (5), and (6), F.A.C., each notice of intent to issue an air construction permit shall provide a 14-day period for submittal of public comments.

(d) An opportunity for administrative hearing shall be provided in accordance with Chapter 120, F.S., and Rule 62-110.106, F.A.C.

(2) Additional Public Notice Requirements for Emissions Units Subject to Prevention of Significant Deterioration or Nonattainment-Area Preconstruction Review.

(a) Before taking final agency action on a construction permit application for any proposed new or modified facility or emissions unit subject to the preconstruction review requirements of Rule 62-212.400 or 62-212.500, F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., and the Department’s analysis of the effect of the proposed construction or modification on ambient air quality, including the Department’s preliminary determination of whether the permit should be approved or disapproved,

2. A 30-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed facility or emissions unit, whether BACT or LAER has been determined, the degree of PSD increment consumption expected, if applicable, and the location of the information specified in subparagraph 1., above; and notifying the public of the opportunity for submitting comments and requesting a public hearing.

(b) The notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(c) A copy of the notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall also be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to all other state and local officials or agencies having cognizance over the location of such new or modified facility or emissions unit, including local air pollution control agencies, chief executives of city or county government, regional land use planning agencies, and any other state, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the new or modified facility or emissions unit.

(d) A copy of the notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall be displayed in the appropriate district, branch and local program offices.

(e) The time and place of any hearing (public meeting) that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled).

(f) Any public comments received shall be made available for public inspection in the location where the information specified in subparagraph 62-210.350(2)(a)1., F.A.C., is available and shall be considered by the Department in making a final determination to approve or deny the permit.

(g) The final determination shall be made available for public inspection at the same location where the information specified in subparagraph 62-210.350(2)(a)1., F.A.C., was made available.

(h) For a proposed new or modified emissions unit which would be located within 100 kilometers of any Federal Class I area or whose emissions may affect any Federal Class I area, and which would be subject to the preconstruction review requirements of Rule 62-212.400 or 62-212.500, F.A.C.:

1. The Department shall mail or transmit to the Administrator a copy of the initial application for an air construction permit and notice of every action related to the consideration of the permit application.

2. The Department shall mail or transmit to the Federal Land Manager of each affected Class I area a copy of any written notice of intent to apply for an air construction permit; the initial application for an air construction permit, including all required analyses and demonstrations; any subsequently submitted information related to the application; the preliminary determination and notice of proposed agency action on the permit application; and any petition for an administrative hearing regarding the application or the Department’s proposed action. Each such document shall be mailed or transmitted to the Federal Land Manager within fourteen (14) days after its receipt by the Department.

(3) Additional Public Notice Requirements for Facilities Subject to Operation Permits for Title V Sources.

(a) Before taking final agency action to issue a new, renewed, or revised air operation permit subject to Chapter 62-213, F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S.; and,

2. A 30-day period for submittal of public comments.

(b) The notice provided for in paragraph 62-210.350(3)(a), F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action. If written comments received during the 30-day comment period on a draft permit result in the Department’s issuance of a revised draft permit in accordance with subsection 62-213.430(1), F.A.C., the Department shall require the applicant to publish another public notice in accordance with paragraph 62-210.350(1)(a), F.A.C.

(c) The notice shall identify:

1. The facility,

2. The name and address of the office at which processing of the permit occurs,

3. The activity or activities involved in the permit action,

4. The emissions change involved in any permit revision,

5. The name, address, and telephone number of a Department representative from whom interested persons may obtain additional information, including copies of the permit draft, the application, and all relevant supporting materials, including any permit application, compliance plan, permit, monitoring report, and compliance statement required pursuant to Chapter 62-213, F.A.C., (except for information entitled to confidential treatment pursuant to Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision,

6. A brief description of the comment procedures required by subsection 62-210.350(3), F.A.C.,

7. The time and place of any hearing (public meeting) that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled); and,

8. The procedures by which persons may petition the Administrator to object to the issuance of the proposed permit after expiration of the Administrator’s 45-day review period.

(4) Additional Public Notice Requirements for Facilities Subject to Federally Enforceable State Operation Permits (FESOPs) for Non-Title V Sources.

(a) Before taking final agency action to issue a new, renewed (if materially changed), or revised air operation permit pursuant to paragraph 62-210.300(2)(b), F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S.,

2. A 14-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, containing the information specified in paragraph 62-210.350(4)(c), F.A.C., except as provided in subparagraph 62-210.300(2)(b)3., F.A.C.

(b) The notice provided for in paragraph 62-210.350(4)(a), F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than fourteen (14) days prior to final agency action.

(c) The notice shall identify:

1. The facility,

2. The name and address of the office at which processing of the permit occurs,

3. The activity or activities involved in the permit action,

4. The emissions change involved in any permit revision,

5. The name, address, and telephone number of a Department representative from whom interested persons may obtain additional information, including copies of the permit draft, the application, and all relevant supporting materials, including any permit application (except for information entitled to confidential treatment pursuant to Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision,

6. A brief description of the comment procedures required by subsection 62-210.350(4), F.A.C.; and,

7. The time and place of any hearing that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled).

(d) A copy of the notice provided for in subparagraph 62-210.350(4)(a)3., F.A.C., along with the Department’s proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency, if requested by the regional office, and to any approved local air pollution control program having cognizance over the county in which the facility is located.

(e) A copy of the notice provided for in subparagraph 62-210.350(4)(a)3., F.A.C., shall be displayed in the appropriate district, branch, and local program offices.

(f) Any public comments received shall be made available for public inspection in the location where the information specified in subparagraph 62-210.350(4)(a)1., F.A.C., is available and shall be considered by the Department in making a final determination to approve or deny the permit.

(g) The final permit shall be made available for public inspection at the same location where the information specified in subparagraph 62-210.350(4)(a)1., F.A.C., was made available and shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency, if requested by the regional office, and to any local air pollution control program having geographical jurisdiction over the county in which the facility is located.

(5) Additional Public Notice Requirements for Emissions Units Subject to the Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act section 112(g).

(a) Before taking final agency action on any air construction permit application for a proposed new or reconstructed facility or emissions unit subject to the preconstruction review requirements of subparagraph 62-204.800(11)(d)2., F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include at a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., including the Department’s proposed MACT determination and preliminary determination of whether the permit should be approved or disapproved;

2. A 30-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed facility or emissions unit, and the location of the information specified in paragraph 1. above; and notifying the public of the opportunity for submitting comments and requesting a public hearing.

(b) The notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(c) A copy of the notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., along with the Department’s proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to any approved local air pollution control program having cognizance over the county in which the facility is located.

(d) A copy of the notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., shall be displayed in the appropriate district, branch, and local program offices.

(e) Any public comments received shall be made available for public inspection in the location where the information specified in subparagraph 62-210.350(5)(a)1., F.A.C., is available and shall be considered by the Department in making a final determination to approve or deny the permit.

(f) The final permit shall be made available for public inspection at the same location where the information specified in subparagraph 62-210.350(5)(a)1., F.A.C., was made available and shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to any local air pollution control program having geographical jurisdiction over the county in which the facility is located.

(6) Additional Public Notice Requirements for Actuals Plantwide Applicability Limits (PALs).

(a) Before taking final agency action on any air construction permit application to establish, renew, or revise a PAL, the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include at a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., including the Department’s preliminary determination of whether the permit should be approved or disapproved;

2. A 30-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed PAL, and the location of the information specified in subparagraph 1., above; and notifying the public of the opportunity for submitting comments.

(b) The notice provided for in subparagraph 62-210.350(6)(a)3., F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(c) A copy of the notice provided for in subparagraph 62-210.350(6)(a)3., F.A.C., along with the Department’s proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to any approved local air pollution control program having cognizance over the county in which the facility is located.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.815 FS. History–Formerly 17-2.220, Amended 11-28-93, Formerly 17-210.350, Amended 11-23-94, 1-2-96, 11-13-97, 2-11-99, 2-2-06, 10-12-08, 9-29-20.