The proposed rule development involves amendments to rule language in Chapter 62-210, F.A.C., to delete definitions and remove language referenced on department forms related to the vacated federal Clean Air Mercury Rule (CAMR). The amendments also ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-210.200: Definitions
62-210.900: Forms and Instructions
PURPOSE AND EFFECT: The proposed rule development involves amendments to rule language in Chapter 62-210, F.A.C., to delete definitions and remove language referenced on department forms related to the vacated federal Clean Air Mercury Rule (CAMR). The amendments also clarify language on the Acid Rain Part application forms and reinstate the Acid Rain Phase II NOx Compliance Plan form which was inadvertently deleted in a previous rulemaking.
SUBJECT AREA TO BE ADDRESSED: The proposed rule updates the department’s stationary source general requirements for electric power plants resulting from the vacatur of the federal mercury trading program (CAMR) and corrects and clarifies forms used by the department in implementing the federal Acid Rain Program.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.061 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Terri Long at [phone] or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: 62-210.200 Definitions.

The following words and phrases when used in this chapter and in Chapters 62-212, 62-213, 62-214, 62-296 and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:

(1) through (24) No change.

(25) “Alternate Designated Representative”.

(a) through (b) No change.

(c) For the purposes of the Hg Budget Trading Program, alternate designated representative shall mean “alternate Hg designated representative” as defined in 40 C.F.R. § 60.4102, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(26) through (88) No change.

(89) “Commence Operation” –

(a) through (b) No change.

(c) For the purposes of the Hg Budget Trading Program, commence operation shall mean “commence operation” as defined in 40 C.F.R. § 60.4102, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(c)(d) Otherwise, to set into operation any emissions unit for any purpose.

(90) through (112) No change.

(113) “Designated Representative” –

(a) through (b) No change.

(c) For the purposes of the Hg Budget Trading Program, designated representative shall mean “Hg designated representative” as defined in 40 C.F.R. § 60.4102, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(114) through (156) No change.

(157) “Hg” – The regulated air pollutant mercury.

(158) “Hg Allowance” – A limited authorization issued by the Department to emit one ounce of mercury during a control period of the specified calendar year for which the authorization is allocated, or of any calendar year thereafter, under the Hg Budget Trading Program.

(159) “Hg Budget Part” or “Hg Budget Permit” – DEP Form No. 62-210.900(1)(c), completed and certified by the designated representative and incorporated as a part of the Title V source permit or air construction permit. The Hg Budget Part shall specify the Hg Budget Trading Program requirements applicable to the Hg Budget source, to each Hg Budget unit at the source, and to the owners and operators and the designated representative of the Hg Budget source and each such Hg Budget unit.

(160) “Hg Budget Source” – A facility that includes one or more Hg Budget units.

(161) “Hg Budget Trading Program” – The program implemented at Rule 62-296.480, F.A.C., which, upon approval by the U.S. Environmental Protection Agency, requires Hg Budget units in Florida to participate in the multi-state air pollution control and emission reduction program administered by the U.S. Environmental Protection Agency pursuant to 40 C.F.R. Part 60, Subpart HHHH, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(162) “Hg Budget Unit” – A unit that is subject to the Hg Budget Trading Program pursuant to 40 C.F.R. § 60.4104, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(163) through (336) renumbered (157) through (330) No change.

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History–Formerly 17-2.100, Amended 2-9-93, 11-28-93, Formerly 17-210.200, Amended 11-23-94, 4-18-95, 1-2-96, 3-13-96, 3-21-96, 8-15-96, 10-7-96, 10-15-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 2-19-03, 4-1-05, 7-6-05, 2-2-06, 4-1-06, 9-4-06, 9-6-06, 1-10-07, 5-9-07, 7-16-07, 3-16-08, 10-12-08, 6-29-09,________.

 

62-210.900 Forms and Instructions.

The forms used by the Department in the stationary source control program are adopted and incorporated by reference in this section. The forms are listed by rule number, which is also the form number, with the subject, title and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or by accessing the Division’s website at www.dep.state.fl.us/air. The requirement of subsection 62-4.050(2), F.A.C., to file application forms in quadruplicate is waived if an air permit application is submitted using the Department’s electronic application form.

(1) Application for Air Permit – Long Form, Form and Instructions (DEP Form No. 62-210.900(1), Effective________3-16-08).

(a) Acid Rain Part Application, Form and Instructions (DEP Form No. 62-210.900(1)(a), Effective______ 3-16-08).

1. through 2. No change.

3. Phase II NOx Compliance Plan, Form and Instructions (Effective ______).

(b) No change.

(c) Hg Budget Part, Form and Instructions (DEP Form No. 62-210.900(1)(c), Effective 3-16-08).

(c)(d) Acid Rain, and CAIR, and Hg Budget Retired Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(c)(d), Effective _________3-16-08).

(2) through (7) No change.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.061, 403.087, 403.815 FS. History–New 2-9-93, Amended 7-20-94, Formerly 17-210.900, Amended 11-23-94, 7-6-95, 3-21-96, 1-6-98, 2-11-99, 4-16-01, 6-21-01, 6-16-03, 2-2-06, 3-16-08, 7-3-08, 10-12-08,________.