The purpose of this Notice of Proposed Rule (NOPR) is to revise Rules 62-204.340 and 62-204.800, F.A.C., to clarify and update references to area designations for National Ambient Air Quality Standards and designations of Air Quality Maintenance ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-204.340Designation of Attainment, Nonattainment, Unclassifiable, and Maintenance Areas

62-204.800Federal Regulations Adopted by Reference

PURPOSE AND EFFECT: The purpose of this Notice of Proposed Rule (NOPR) is to revise Rules 62-204.340 and 62-204.800, F.A.C., to clarify and update references to area designations for National Ambient Air Quality Standards and designations of Air Quality Maintenance Areas, and to amend Florida’s Commercial and Industrial Solid Waste Incinerator (CISWI) regulations to provide for an equivalent production-based emission limit for particulate matter.

SUMMARY: Air quality area designations in Florida and CISWI regulations.

OTHER RULES INCORPORATING RULE 62-204.340, F.A.C: Rules 62-210.200, 62-212.500, 62-252.300, 62-296.412, 62-296.418 and 62-296.500, F.A.C.

EFFECT ON THOSE OTHER RULES: There will be the intended effect on other rules.

OTHER RULES INCORPORATING RULE 62-204.800, F.A.C.:  62-204.500, 62-210.200, 62-210.300, 62-210.310, 62-210.350, 62-210.360, 62-210.370, 62-212.300, 62-212.400, 62-212.500, 62-212.720, 62-213.412, 62-213.420, 62-213.440, 62-214.100, 62-214.320, 62-214.330, 62-214.350, 62-214.360, 62-214.370, 62-214.420, 62-214.430, 62-256.700, 62-257.200, 62-257.301, 62-285.421, 62-296.100, 62-296.320, 62-296.340, 62-296.401, 62-296.402, 62-296.403, 62-296.404, 62-296.405, 62-296.408, 62-296.409, 62-296.410, 62-296.412, 62-296.414, 62-296.415, 62-296.416, 62-296.470, 62-296.501, 62-296.502, 62-296.503, 62-296.504, 62-296.505, 62-296.506, 62-296.507, 62-296.508, 62-296.510, 62-296.511, 62-296.512, 62-296.513, 62-296.514, 62-296.515, 62-296.516, 62-296.570, 62-296.600, 62-296.602, 62-296.603, 62-296.604, 62-296.702, 62-296.704, 62-296.705, 62-296.707, 62-296.708, 62-296.711, 62-296.712, 62-297.310, 62-297.320, and 62-297.450, F.A.C.

EFFECT ON THOSE OTHER RULES: There will be no effect on other rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: revision of these rules will not have an adverse impact or increase regulatory costs on any entity.

Any person who wishes to provide information regarding a statement of estimated regulatory costs or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061, FS.

LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Hastings Read, 2600 Blair Stone Rd., MS 5500, Tallahassee, FL, 32399-2400, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-204.340 Designation of Attainment, Nonattainment, Unclassifiable, and Maintenance Areas.

All area designations in Florida under the Clean Air Act are specified in 40 C.F.R. §81.310, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(1) Designation of Areas Meeting Ambient Air Quality Standards (Attainment Areas). As designated in 40 C.F.R. Part 81, §81.310, and as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(2) Designation of Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas). As designated in 40 C.F.R. Part 81, §81.310, and as adopted and incorporated by reference in Rule 62-204.800, F.A.C. As soon as practicable after notice of redesignation is published by the U.S. Environmental Protection Agency in the Federal Register, the Department shall publish notice of the effective date of redesignation in the Florida Administrative Register and a newspaper of general circulation in each county affected by the redesignation.

(3) Designation of Areas Which Cannot Be Classified as Attainment or Nonattainment (Unclassifiable Areas). As designated in 40 C.F.R. Part 81, §81.310, and as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(4) Designation of Air Quality Maintenance Areas.

(a) Each of the following areas is designated as an air quality maintenance area for the air pollutant ozone:

1. Orange County.

2. Duval County.

3. The area consisting of Broward, Dade, and Palm Beach Counties.

4. The area consisting of Hillsborough and Pinellas Counties.

(b) Each of the following areas is designated as an air quality maintenance area for the air pollutant, particulate matter:

1. That portion of Hillsborough County which falls within the area of the circle having a centerpoint at the intersection of US 41 South and State Road 60 and a radius of 12 kilometers.

2. The downtown Jacksonville area in Duval County located within the following boundary lines: south and then west along the St. Johns River from its confluence with Long Branch Creek, to Main Street; north along Main Street to Eighth Street; east along Eighth Street to Evergreen Avenue; north along Evergreen Avenue to Long Branch Creek; and east along Long Branch Creek to the St. Johns River.

(c) Effective January 1, 1996, the area encompassed within a radius of five kilometers centered at UTM coordinates: 364.0 kilometers East, 3093.5 kilometers North, zone 17, in Hillsborough County, is designated as an air quality maintenance area for the air pollutant lead.

(d) As soon as practicable after notice of redesignation is published by the U.S. Environmental Protection Agency in the Federal Register, the Department shall publish notice of the effective date of redesignation in the Florida Administrative Register and a newspaper of general circulation in each county affected by the redesignation.

Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Amended 10-23-16, __________.

 

62-204.800 Federal Regulations Adopted by Reference.

All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides.

(1) through (8) No change.

(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times. This subsection contains regulatory language that implements EPA’s Emission Guidelines for various source categories. These regulations have been submitted to EPA as Clean Air Act Section 111(d) State Plans. EPA’s approvals of Florida’s 111(d) State Plans are codified at 40 C.F.R. Part 62, Subpart K which are hereby adopted and incorporated by reference, revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09694).

(a) through (e) No change.

(f) Commercial and Industrial Solid Waste Incineration (CISWI) Units. 40 C.F.R. Part 60, Subpart DDDD, Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before June 4, 2010, revised as of July 1, 2019 (link) 2009, amended February 7, 2013, at 78 FR 9112 (https://www.flrules.org/Gateway/reference.asp?No=Ref-03695), amended June 23, 2016, at 81 FR 40956 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07493), is hereby adopted and incorporated by reference subject to the following provisions (all cross-references to 40 C.F.R. 63 Subpart LLL [40 C.F.R. §§63.1340 through 1359], as amended February 12, 2013, at 78 FR 10005, as amended July 27, 2015, at Part 80 FR 44771, are adopted and incorporated by reference at paragraph 62-204.800(11)(b), F.A.C.):

1. through 4. No change.

5. Emission Limitations and Operating Limits. The emission limitations and operating limits applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2670 through 60.2680, except that a unit in the waste-burning kiln subcategory may instead comply with one or more of the following an alternative production-based emission limits:

a. Mmercury emission limit of 58 pounds of mercury per million tons of clinker as specified in Table 4 as published February 7, 2013 at 78 FR 9112, 9122 (https://www.flrules.org/Gateway/reference.asp?No=Ref-03695).

b. Particulate matter emission limit of 0.07 pounds per ton of clinker, as specified in specified at 40 C.F.R. §63.1343(b)(1), Table 1.

6. Performance Testing. The performance testing requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2690 and 60.2695, except that a unit in the waste-burning kiln subcategory complying with the production-based particulate matter emission limit in sub-subparagraph 62-204.800(9)(f)5.b., F.A.C., shall demonstrate compliance annually pursuant to 40 C.F.R. 63.1349(b)(1).

7. Initial Compliance Requirements. The initial compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2700 through 60.2706, except that: 

a. A a waste-burning kiln complying with the alternative production-based mercury emission limit in sub-subparagraph subparagraph 62-204.800(9)(f)5.a., 62-204.800(9)(f)5.F.A.C., must demonstrate initial compliance pursuant to 40 C.F.R. §63.1348(a)(5). The initial compliance test must begin on the first operating day following completion of the field testing and data collection that demonstrates that the continuous emissions monitoring system has satisfied the relevant performance acceptance criteria of Performance Specifications 12A or 12B in 40 C.F.R. Part 60 Appendix B.

b. A waste-burning kiln complying with the production-based particulate matter emission limit in sub-subparagraph 62-204.800(9)(f)5.b., F.A.C., must demonstrate initial compliance pursuant to 40 C.F.R. §63.1348(a)(1).  The waste burning kilns shall demonstrate initial compliance with the production-based particulate matter limit within 180 days of providing the notification required by sub-subparagraph 62-204.800(9)(f)7.c., F.A.C.

c. The notification required by 40 C.F.R. §60.2760 shall also include notification of whether an owner or operator of a unit in the waste-burning kiln subcategory intends to comply with one or more of the alternative production-based mercury emission limits limit in sub-subparagraphs subparagraph 62-204.800(9)(f)5.a. and b. 62-204.800(9)(f)5., F.A.C.

8. Continuous Compliance Requirements. The continuous compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2710 through 60.2725, except that:

a. A waste-burning kiln complying with the alternative production-based mercury emission limit in sub-subparagraph subparagraph 62-204.800(9)(f)5.a. 62-204.800(9)(f)5., F.A.C., must demonstrate continuous compliance with this production-based alternative limit pursuant to the procedures of 40 C.F.R. §63.1348(b)(7), and 40 C.F.R. §63.1349(b)(5).

b. A waste-burning kiln complying with the production-based particulate matter emission limit in sub-subparagraph 62-204.800(9)(f)5.b., F.A.C., must demonstrate continuous compliance with this production-based limit pursuant to the procedures of 40 C.F.R. §63.1348(b)(2) and 40 C.F.R. §63.1349(b)(1).

9. Monitoring. The monitoring requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2730 and 60.2735. A unit in the waste-burning kiln subcategory complying with one or more of the alternative production-based mercury emission limits in sub-subparagraphs 62-204.800(9)(f)5., a. and b., subparagraph 62-204.800(9)(f)5. F.A.C., must also monitor mercury pursuant to 40 C.F.R. §63.1350(k), the clinker production rate pursuant to 40 C.F.R. §63.1350(d), and the flow rate pursuant to 40 C.F.R. §63.1350(n), and the following:.

a. For mercury, the owner or operator shall monitor emissions pursuant to 40 C.F.R. § 63.1350(k).

b. For particulate matter, the owner or operator shall monitor emissions pursuant to 40 C.F.R. § 63.1350(b).

c. An owner of a waste burning kiln is not required to develop an emissions monitoring plan pursuant to 40 C.F.R. §63.1350(p)(1) through (p)(4), if the owner prepares the emissions monitoring plan required pursuant to 40 C.F.R. §60.2710(k) and (l).

10. Recordkeeping and Reporting Requirements. The recordkeeping and reporting requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2740 through 60.2800. Units in the waste-burning kiln subcategory complying with one or more of the alternative production-based mercury emission limits in sub-subparagraphs 62-204.800(9)(f)5.,a. and b. subparagraph 62-204.800(9)(f)5., F.A.C., must also keep records of all data collected from the continuous flow rate monitoring system required by 40 C.F.R. §63.1350(n), all data collected from the clinker production monitoring system required by 40 C.F.R. §63.1350(d), and all calculated 30-operating day rolling average values derived from the mercury and particulate matter monitoring system. Units in the waste-burning kiln subcategory complying with one or more of the alternative production-based mercury emission limits in sub-subparagraphs 62-204.800(9)(f)5.a. and b., subparagraph 62-204.800(9)(f)5.F.A.C., must also report all deviations from the alternative production-based mercury limits in accordance with 40 C.F.R. §§60.2740 through 60.2800.

11. through 12. No change.

13. Definitions. The definitions applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §60.2875. For purposes of paragraph 62-204.800(9)(f), F.A.C., the definition of the term administrator means the department, except that the EPA is the administrator for purposes of 40 C.F.R. §60.2030(c). The terms used but not defined in 40 C.F.R. Part 60, Subpart DDDD, have the meaning given to them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and CCCC. For units in the waste-burning kiln subcategory complying with one or more of the alternative production-based mercury emission limits limit in sub-subparagraphs 62-204.800(9)(f)5., a. and b., subparagraph 62-204.800(9)(f)5.F.A.C., the term operating day in 40 C.F.R. §63.1348(a)(5), 40 C.F.R. §63.1349, 40 C.F.R. §63.1350 §63.1348(b)(7) and 40 C.F.R. §63.1354 §63.1349(b)(5) means any 24-hour period beginning at 12:00 midnight, during which the kiln produces any amount of clinker.

(g) through (i) No change.

(10) through (26) No change.

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.8055 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98, 10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 10-1-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07, 4-2-07, 5-31-07, 7-2-07, 10-1-07, 2-1-08, 7-1-08, 10-1-08, 10-6-08, 12-1-08, 11-18-09, 6-11-10, 7-1-10, 10-1-10, 12-30-10, 12-1-11, 12-1-12, 5-22-13, 12-17-13, 1-24-14, 1-14-15, 1-7-16, 10-23-16, 1-13-17, 12-21-17, 9-25-18,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hastings Read

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Noah Valenstein

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/09/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 02/13/2019