62-213.420. Permit Applications  


Effective on Thursday, March 11, 2010
  • 1(1) Duty to Apply. For each Title V source, the owner or operator shall submit a timely and complete permit application in compliance with the requirements of this section and subsections 3262-4.050(1) 33through (3), F.A.C.

    36(a) Timely Application.

    39140. A facility that commences operation as a Title V source or that otherwise becomes subject to the permitting requirements of Chapter 62-213, F.A.C.,  must file an application for an operation permit under this chapter at least ninety days before expiration of the source’s air construction permit, but no later than 180 days after commencing operation 96as a Title V source, 101unless a different application due date is provided at Rule 11162-204.800, 112F.A.C., or an earlier date is provided in the air construction permit. A source that applied for an Electrical Power Plant Siting Certification prior to October 26, 1995, but 141was 142not issued the certification as of that date, or a source that 154was 155issued an Electrical Power Plant Siting Certification prior to October 26, 1995, but 168did 169not commence operation by that date, shall file an application for an operation permit under this chapter 186no later than 189180 days after commencing operation.

    1942195. For purposes of permit renewal, a timely application is one that is submitted 209180 days before the expiration of a permit that expires before June 1, 2009, and 225 days before the expiration of a permit that expires on or after June 1, 2009240.

    2413242. A Title V source which contains an emissions unit that commences operation or is modified shall submit an application for a permit revision, 266or a supplement to a pending application, 273at least ninety days prior to expiration of the unit’s air construction permit, but no later than 180 days after the emissions unit commences operation or commences operation as modified. Any source that contains an emissions unit that has not commenced operation or which has not demonstrated initial compliance with all applicable requirements by the time that the source submits its application for a Title V permit, permit revision, or permit renewal may include such emissions unit in the application, provided the source submits a compliance schedule and methodology, in accordance with paragraph 36662-213.420(3)(l), 367F.A.C.

    3684. For purposes of the CAIR Part form 376(DEP form number 37962-210.900(1)(b)380), 381a timely application is one that is submitted as follows.

    391a. 392For a CAIR unit covered by a Title V permit prior to May 1, 2008, a certified CAIR Part form shall be submitted to the Department by May 1, 2008. The form shall be submitted as part of a Title V permit revision application.

    436b. For a CAIR unit not covered by a Title V permit prior to May 1, 2008, a certified CAIR Part form shall be submitted to the Department prior to the unit commencing operation. The form shall be incorporated into the Title V permit upon issuance of an initial, revised, or renewal Title V permit, whichever comes first.

    494c. A CAIR Part form shall be submitted simultaneously with any Title V permit renewal application for a CAIR source.

    514(b) Complete Application.

    5171. Any applicant for a Title V permit, permit revision or permit renewal must submit an application on DEP form number 53862-210.900(1), 539which must include all the information specified by subsection 54862-213.420(3), 549F.A.C., except that an application for permit revision must contain only that information related to the proposed change(s) from the currently effective Title V permit and any other requirements that become applicable at the time of application. The applicant shall include information concerning fugitive emissions and stack emissions in the application. Each application for permit, permit revision or permit renewal shall be certified by a responsible official in accordance with subsection 62062-213.420(4), 621F.A.C.

    6222. 623T624he application shall be deemed complete sixty days after receipt, unless the Department, within sixty days after receipt of a 644certified 645application for permit, permit revision or permit renewal, requests additional documentation or information needed to process the application. An applicant making timely and complete application for permit, or for permit renewal, shall continue to operate the source under the authority and provisions of any existing valid permit or Florida Electrical Power Plant Siting Certification, and in accordance with applicable requir705ements of the Acid Rain Program and 712CAIR Program, 714until the conclusion of proceedings associated with its permit application or until the new permit becomes effective, whichever is later, provided the applicant complies with all the provisions of subparagraphs 74462-213.420(1)(b)3., 745F.A.C. Failure of the Department to request additional information within sixty days of receipt of a properly signed application shall not impair the Department’s ability to request additional information pursuant to subparagraphs 77762-213.420(1)(b)3., 778F.A.C.

    7793. 780S781hould the Department become aware, during processing of any application that the application contains incorrect information, or should the Department become aware, as a result of comment from an affected State, an approved local air program, EPA, or the public that additional information is needed to evaluate the application, the Department shall notify the applicant within 30 days. When an applicant becomes aware that an application contains incorrect or incomplete information, the applicant shall submit the corrected or supplementary information to the Department, 864and the Department’s completeness review clock shall be restarted upon the Department’s receipt of the information880. If the Department notifies an applicant that corrected or supplementary information is necessary to process the permit 898application, 899and requests a response, the applicant shall provide the information to the Department within ninety days of the Department request unless the applicant has requested and been granted additional time to submit the information or, the applicant shall, within ninety days, submit a written request that the Department process the application without the information. Failure of an applicant to submit corrected or supplementary information requested by the Department within ninety days, or such additional time as requested and granted, or to demand in writing within ninety days that the application be processed without the information shall render the application incomplete. Nothing in this section shall limit any other remedies available to the Department.

    101241013. All Department requests for additional information shall conform to the requirements of subsections 102762-4.055(2), 1028(3), and (4), F.A.C.

    103251033. The Department shall grant requests for additional time to submit supplemental or corrected information as follows:

    1050a. Each source requesting additional time must make a written request prior to the due date for receipt of the information and must specify the number of additional days requested;

    1080b. The Department shall grant up to sixty additional days to any source operating in compliance with the terms and conditions of the source’s existing valid permit without the need to show cause;

    1113c. The Department shall grant additional time beyond sixty days or to sources not operating in compliance with existing valid permits only after the source demonstrates good cause. Good cause shall mean any unforeseen situation outside the control of the source such as labor strikes, acts of war, extraordinary or sudden and unexpected acts of nature or accidents beyond the control of the source. If the Department has required, in the request for additional or corrected information, that the source undertake specific testing or investigation, good cause shall also include the requirement to complete any required tests or investigation that cannot be completed within 150 days, so long as the source specifies the expected date of completion in its demonstration of good cause and so long as the estimated time requested is for the work required.

    1249(2) Confidential Information. Whenever an applicant submits information under a claim of confidentiality pursuant to Section 1265403.111, F.S., 1267the applicant shall also submit a copy of all such information and claim directly to EPA.

    1283(3) Standard Application Form and Required Information. Applications shall be submitted under this chapter on forms provided by the Department and adopted by reference in subsection 130962-210.900(1), 1310F.A.C. The information as described 1315on the forms 1318in subsection 132062-210.900(1), 1321F.A.C., shall be included for the Title V source and each emissions unit. An application must include information sufficient to determine all applicable requirements for the Title V source and each emissions unit and to evaluate a fee amount pursuant to Rule 136362-213.205, 1364F.A.C. The application shall specifically include the following information, as detailed in the application form 1379(DEP form 1381number 138262-210.900(1)1383); 1384provided, however, that the information required by paragraphs (g) through (m), below, shall not be required for any emissions unit which is not subject to any unit-specific applicable requirements, except as needed to determine that no applicable requirements exist:

    1423(a) Identifying information;

    1426(b) Description of source’s processes and products;

    1433(c) Information, as set forth in this subsection and in the application form number 144762-210.900(1), 1448on the emissions of all regulated pollutants which the applicant knows or has reason to believe are being emitted from a source in amounts as set forth in subparagraphs 147762-213.420(3)(c)1. 1478through 6., F.A.C. The applicant shall report pollutants for each emissions unit and for source-wide emissions such as fugitive emissions. When pollutants must be quantified, for those pollutants for which no standard test method or published emissions factor is available to the applicant, the applicant shall estimate the emissions and include the basis for the estimate with the emissions information. For purposes of this subsection, regulated pollutant means any pollutant to which an emissions limitation applies in accordance with subparagraph 155862-213.420(3)(c)2., 1559F.A.C.; any hazardous air pollutant; and any other regulated air pollutant as specified in Rule 157462-210.200, 1575F.A.C., except any pollutant that is regulated solely under 158442 U.S.C. s.7412(r). 1587Except as provided in Chapter 62-297, F.A.C., for submittal of compliance test data, nothing in this section shall be construed to require testing of actual emissions for determining estimated or potential emissions for a permit application. All applicants shall report regulated pollutants as set forth in subparagraphs 163462-213.420(3)(c)1. 1635through 6., F.A.C.

    16381. Each Title V source shall identify each regulated pollutant which the applicant knows or has reason to believe the facility emits or has the potential to emit in a major amount. Major source thresholds are as follows:

    1676a. 100 tons per year for carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and volatile organic compounds;

    1694b. 5 tons per year for lead and lead compounds expressed as lead;

    1707c. 10 tons per year for any hazardous air pollutant;

    1717d. 25 tons per year for total hazardous air pollutants; and

    1728e. 100 tons per year for any other regulated pollutant.

    17382. Those Title V sources which are subject to a numerical emissions limitation under any applicable requirement, or for which a numerical emissions limitation is included in the source’s most recent operation permit, shall report and quantify, for each emissions unit subject to the emissions limitation, all emissions of any pollutant to which the limitation applies. The provisions of this rule, subparagraph 180062-213.420(3)(c)2., 1801F.A.C., shall not apply to the reporting of radionuclides emissions or asbestos emissions resulting from asbestos removal.

    18183. Each Title V source that emits or has the potential to emit any pollutant described in paragraphs (a) and (c) of the definition of regulated air pollutant in Rule 184862-210.200, 1849F.A.C., shall identify, for each emissions unit, each such pollutant which the applicant knows or has reason to believe would be emitted in an amount equal to or greater than:

    1879a. 5.0 tons per year for carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and volatile organic compounds; or

    1898b. 500 pounds per year for lead and lead compounds expressed as lead.

    19114. Each Title V source that emits or has the potential to emit any hazardous air pollutant or total hazardous air pollutants in a major amount as set forth in subparagraph 194262-213.420(3)(c)1., 1943F.A.C., or in an amount that would be a major amount but for a limitation on emissions being requested for the first time by the applicant, shall identity, for each emissions unit, each such pollutant which the applicant knows or has reason to believe would be emitted in an amount equal to or greater than:

    1998a. 1,000 pounds per year for each individual hazardous air pollutant; or

    2011b. 2,500 pound per year for total hazardous air pollutants.

    20225. Title V sources which are also subject to the Federal Acid Rain Program shall report all emissions of sulfur dioxide and nitrogen oxides from any affected acid rain unit in accordance with this subsection or the reporting requirements of the Federal Acid Rain Program, whichever are more stringent.

    20716. Each Title V source that emits or has the potential to emit ammonia in an amount greater than 250 tons per year shall identify each emissions unit that emits or has the potential to emit ammonia in an amount equal to or greater than 12.5 tons per year.

    2120(d) Process and operating information;

    2125(e) Control equipment information;

    2129(f) If requested by the Department, information concerning operations and methodology for the development of periodic monitoring in accordance with subsection 215062-213.440(4), 2151F.A.C. 2152S2153uch request must be made within 60 days of the date the application was submitted, except as required by subparagraph 217362-213.420(1)(b)217432175., F.A.C.;

    2177(g) Calculations;

    2179(h) Identification of all applicable requirements and test methods;

    2188(i) Limitations on source operations affecting emissions;

    2195(j) Proposed alternate methods of operation;

    2201(k) Compliance statement;

    2204(l) Compliance schedule and methodology, if applicable;

    2211(m) Reporting and recordkeeping requirements;

    2216(n) A list of emissions units or activities for which a determination of insignificance is requested pursuant to subsection 223562-213.430(6), 2236F.A.C., because of size or production rate and any information needed to demonstrate that the units or activities qualify as insignificant under the provisions of subsection 226262-213.430(6), 2263F.A.C.

    2264(4) Certification by Responsible Official. In addition to the professional engineering certification required for applications by subsection 228162-4.050(3), 2282F.A.C., any application form, report, compliance statement, compliance plan and compliance schedule submitted pursuant to this chapter shall contain a certification signed by a responsible official that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. Any responsible official who fails to submit any required information or who has submitted incorrect information shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary information or corrected information.

    2364(5) Acid Rain Part. For those facilities subject to the Federal Acid Rain Program, any applicant that wishes separate processing of the Acid Rain Part of a Title V permit shall request this by application. In such case, the Department shall process separate permit parts for the Acid Rain Part and for the remaining Title V requirements, provided that the expiration dates of both permit parts coincide for the duration of operation of the facility. The Department shall adjust the expiration date of the permit parts to assure that the dates coincide, but in no case shall either permit part duration exceed five years, per the provisions of paragraph 247362-213.440(1)(a), 2474F.A.C. There shall be only one Acid Rain Part for each facility. Each such permit part shall be processed as a Title V permit for purposes and requirements of this chapter.

    2505(6) CAIR Part Form. For a source subject to the CAIR Program, there shall be included in the Title V permit application a 2528certified CAIR Part form (DEP form number 253562-210.900(1)(b)2536) that contains requirements concerning all CAIR units at the CAIR source for which the application is submitted, in the format prescribed by DEP form number 256262-210.900(1)(b)2563).

    2564Rulemaking 2565Authority 2566403.061, 2567403.087 FS. 2569Law Implemented 2571403.061, 2572403.0872 FS. 2574History–New 11-28-93, Amended 4-17-94, Formerly 17-213.420, Amended 11-23-94, 4-2-95, 10-11-95, 3-13-96, 3-20-96, 6-25-96, 10-7-96, 11-13-97, 2-11-99, 72591-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 25963-11-10.

Rulemaking Events:

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