62-212.400. Prevention of Significant Deterioration (PSD)

(1) General Provisions.

(a) No person shall construct any new major stationary source or undertake any major modification except in compliance with the provisions of this rule and, where applicable, Rule 62-212.500, F.A.C. Emissions of an affected pollutant from a new major stationary source or major modification which is located in or proposed to be located in any nonattainment area are not subject to this rule.

(b) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.

(c) For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40 CFR 52.21 cited herein, shall mean “Department.”

(2) Applicability.

(a) The requirements of subsections 62-212.400(4) through (12), F.A.C., apply to the construction of any new major stationary source or the major modification of any existing major stationary source. The Department shall determine whether a major modification will occur for each PSD pollutant as follows:

1. Baseline Actual-to-Projected Actual Applicability Test for Modifications at Existing Emissions Units. A significant emissions increase of a PSD pollutant will occur if the difference, or the sum of the differences if more than one emissions unit is involved, between the projected actual emissions and the baseline actual emissions equals or exceeds the significant emissions rate for that pollutant. If a combination of new and existing emissions units is involved, then the major modification shall be determined by the hybrid test for multiple types of emissions units pursuant to subparagraph 62-212.400(2)(a)3., F.A.C.

2. Baseline Actual-to-Potential Applicability Test for Construction of New Emissions Units. A significant emissions increase of a PSD pollutant will occur if the difference, or the sum of the differences if more than one emissions unit is involved, between the potential to emit from each new emissions unit following completion of the construction and the baseline actual emissions of these units before the construction equals or exceeds the significant emissions rate for that pollutant. If a combination of new and existing emissions units is involved, then the major modification shall be determined by the hybrid test for multiple types of emissions units pursuant to subparagraph 62-212.400(2)(a)3., F.A.C.

3. Hybrid Test for Multiple Types of Emissions Units. A significant emissions increase of a PSD pollutant will occur if the sum of the emissions increases for all emissions units, using the method specified above for each type of emissions unit equals or exceeds the significant emissions rate for that pollutant.

(b) Any owner or operator of any existing major stationary source seeking to establish or change a plantwide applicability limitation (PAL) for a PSD pollutant shall comply with the requirements under Rule 62-212.720, F.A.C.

(3) Exemptions.

(a) The requirements of subsections 62-212.400(4) through (12), F.A.C., shall not apply to a major stationary source or major modification if the source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution.

(b) The requirements of subsections 62-212.400(4) through (12), F.A.C., shall not apply to a major stationary source or major modification if the source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

1. Coal cleaning plants (with thermal dryers);

2. Kraft pulp mills;

3. Portland cement plants;

4. Primary zinc smelters;

5. Iron and steel mills;

6. Primary aluminum ore reduction plants;

7. Primary copper smelters;

8. Municipal incinerators capable of charging more than 250 tons of refuse per day;

9. Hydrofluoric, sulfuric, or nitric acid plants;

10. Petroleum refineries;

11. Lime plants;

12. Phosphate rock processing plants;

13. Coke oven batteries;

14. Sulfur recovery plants;

15. Carbon black plants (furnace process);

16. Primary lead smelters;

17. Fuel conversion plants;

18. Sintering plants;

19. Secondary metal production plants;

20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140);

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

23. Taconite ore processing plants;

24. Glass fiber processing plants;

25. Charcoal production plants;

26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

27. Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.

(c) The requirements of subsections 62-212.400(5), (7), and (8), F.A.C., shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the applicant demonstrates that the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:

1. Would impact no Class I area and no area where an applicable increment is known to be violated, and

2. Would not exceed two years in duration.

(d) The requirements of subsections 62-212.400(5), (7), and (8), F.A.C., as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each PSD pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

(e) The requirements of subsection 62-212.400(7), F.A.C., as they relate to monitoring for a particular pollutant shall not apply if:

1. The emissions increase of the pollutant from the new major stationary source or the net emissions increase of the pollutant from the major modification would cause, in any area, air quality impacts less than the amounts listed at 40 CFR 52.21 (i)(5), adopted and incorporated by reference at Rule 62-204.800, F.A.C., specifically the following amounts:

a. Carbon monoxide – 575 micrograms per cubic meter, 8-hour average;

b. Nitrogen dioxide – 14 micrograms per cubic meter, annual average;

c. PM2.5 – 4 micrograms per cubic meter, 24-hour average;

d. PM10 – 10 micrograms per cubic meter, 24-hour average;

e. Sulfur dioxide – 13 micrograms per cubic meter, 24-hour average;

f. Ozone – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis including the gathering of ambient air quality data;

g. Lead – 0.1 micrograms per cubic meter, 3-month average;

h. Fluorides – 0.25 micrograms per cubic meter, 24-hour average;

i. Total reduced sulfur – 10 micrograms per cubic meter, 1-hour average;

j. Hydrogen sulfide – 0.2 micrograms per cubic meter, 1-hour average;

k. Reduced sulfur compounds – 10 micrograms per cubic meter, 1-hour average; and

l. Any concentration previously listed at the table at Rule 62-212.400-3, F.A.C.; specifically, Mercury – 0.25 micrograms per cubic meter, 24-hour average; or

2. The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subparagraph 62-212.400(3)(e)1., F.A.C., above, or the pollutant is not listed above.

(4) Source Information. The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this section. Such information shall include:

(a) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

(b) A detailed schedule for construction of the source or modification;

(c) A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine best available control technology (BACT) including a proposed BACT;

(d) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact and an analysis of  “good engineering practice” stack height; and

(e) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.

(5) Source Impact Analysis.

(a) Required Demonstration. The owner or operator of the proposed major stationary source or major modification shall demonstrate that allowable emission increases from the proposed major stationary source or major modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

1. Any ambient air quality standard in any air quality control region; or

2. Any applicable maximum allowable increase over the baseline concentration in any area.

(b) Significant Impact Levels. For purposes of PM2.5, the demonstration required in paragraph 62-212.400(5)(a), F.A.C., is deemed to have been made if the emissions increase from the new major stationary source alone or from the major modification alone would cause, in all areas, air quality impacts less than the following amounts:

1. Annual averaging time – 0.06 micrograms per cubic meter in a Class I area, and 0.3 micrograms per cubic meter in all other areas.

2. 24-hour averaging time – 0.07 micrograms per cubic meter in a Class I area, and 1.2 micrograms per cubic meter in all other areas.

(6) Air Quality Models. Air quality models shall meet the requirements provided in 40 CFR 52.21(l), adopted by reference in Rule 62-204.800, F.A.C.

(7) Air Quality Analysis. The owner or operator of a major stationary source or major modification shall provide any required monitoring and analysis as required in 40 CFR 52.21(m), adopted by reference in Rule 62-204.800, F.A.C.

(8) Additional Impact Analyses.

(a) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

(b) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.

(c) Visibility Monitoring. The owner or operator shall provide visibility monitoring as required in 40 CFR 52.21(o)(3), adopted by reference in Rule 62-204.800, F.A.C.

(9) Sources Impacting Federal Class I Areas. Sources impacting Federal Class I areas are subject to the additional requirements provided in 40 CFR 52.21(p), adopted by reference in Rule 62-204.800, F.A.C.

(10) Control Technology Review. The Department shall not issue any permit unless it determines that:

(a) The owner or operator of a major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 CFR Parts 60, 61, and 63.

(b) The owner or operator of a new major stationary source shall apply best available control technology for each PSD pollutant that the source would have the potential to emit in significant amounts.

(c) The owner or operator of a major modification shall apply best available control technology for each PSD pollutant which would result in a significant net emissions increase at the source. (This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.)

(d) The owner or operator of a phased construction project shall adhere to the procedures provided in 40 CFR 52.21(j)(4), adopted by reference in Rule 62-204.800, F.A.C.

(11) Public Participation. No permit shall be issued until the applicant and Department have complied with all applicable public notice and participation provisions of Rules 62-210.350 and 62-110.106, F.A.C.

(12) Source Obligation.

(a) Authorization to construct shall expire if construction is not commenced within 18 months after receipt of the permit, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. This provision does not apply to the time period between construction of the approved phases of a phased construction project except that each phase must commence construction within 18 months of the commencement date established by the Department in the permit.

(b) At such time that a particular source or modification becomes a major stationary source or major modification (as these terms were defined at the time the source obtained the enforceable limitation) solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of subsections 62-212.400(4) through (12), F.A.C., shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(c) At such time that a particular source or modification becomes a major stationary source or major modification (as these terms were defined at the time the source obtained the enforceable limitation) solely by exceeding its projected actual emissions, then the requirements of subsections 62-212.400(4) through (12), F.A.C., shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(13) Innovative Control Technology. The Department shall allow use of innovative control technology only as provided in 40 CFR 52.21(v), incorporated by reference at Rule 62-204.800, F.A.C.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.500, Amended 2-2-93, Formerly 17-212.400, Amended 11-23-94, 1-1-96, 3-13-96, 2-5-98, 8-15-99, 2-2-06, 7-16-07, 10-6-08, 12-4-11, 3-28-12.