The proposed rule development involves deletion of language related to the vacatur of the Federal Clean Air Mercury Rule (CAMR) as it relates to Florida's air permitting program.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-213.205: Annual Emissions Fee
62-213.420: Permit Applications
62-213.440: Permit Content
62-213.460: Permit Shield
PURPOSE AND EFFECT: The proposed rule development involves deletion of language related to the vacatur of the Federal Clean Air Mercury Rule (CAMR) as it relates to Florida's air permitting program.
SUBJECT AREA TO BE ADDRESSED: The proposed rule addresses the elimination of the federal mercury trading provisions in operation permits for electric utilities.
SPECIFIC AUTHORITY: 403.061, 403.087, 403.0872 FS.
LAW IMPLEMENTED: 403.061, 403.087, 403.0872 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:

62-213.205 Annual Emissions Fee.

Each Title V source permitted to operate in this state must pay between January 15 and March 1 of each year, upon written notice as provided in the Title V permit, an annual emissions fee in an amount determined as set forth in subsection 62-213.205(1), F.A.C.

(1) Emissions Fee Calculation and Payment. Each Title V source must calculate the annual fee, based upon the source’s previous year’s emissions, by multiplying the applicable annual emissions fee factor times the tons of each regulated air pollutant (except carbon monoxide) allowed to be emitted per hour by specific condition of the source’s most recent certification, construction permit or operation permit, times the annual hours of operation allowed by specific condition; provided, however, that:

(a) through (d) No change.

(e) For any Title V source that emits less of any regulated air pollutant than allowed by specific condition, the annual fee calculation for such pollutant may, at a responsible official’s option, be based upon emissions determined as follows:

1. The Department will accept, for fee purposes, emissions determined by means of data from a certified continuous emissions monitor which, for other than an acid rain source, or CAIR source, or Hg Budget source, meets the certification and quality assurance requirements of Appendices B and F of 40 C.F.R. Part 60, or for an acid rain source, or CAIR source, or Hg Budget source, meets the certification and quality assurance requirements of 40 C.F.R. Part 75, which are adopted and incorporated by reference in Rule 62-204.800, F.A.C. Stack gas volumetric flow rates will be determined using, if available at the source, calibrated flowmeters with recorders that record data on a continuous basis. In the absence of a flowmeter, flow rates will be determined by the average flow rate for the three most recent stack tests that were conducted at 90 percent to 100 percent of the maximum allowable operating rate for the unit. If three such stack tests have not been conducted, the average of the latest two tests conducted at the 90 percent to 100 percent level will be used. If two or more such tests have not been conducted, the results of the latest test conducted at the 90 percent to 100 percent level shall be used. For purposes of this determination, a stack test shall consist of all test runs required under subsection 62-297.310(1), F.A.C. Flow rates as determined in this paragraph shall be used with continuous emission monitors to determine the mass emissions for fee purposes.

2. through 3. No change.

(f) through (k) No change.

(2) through (4) No change.

Rulemaking Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.200, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 1-3-01, 4-16-01, 6-2-02, 1-9-08, 3-16-08,________.

 

62-213.420 Permit Applications.

(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 62-4.050(1) through (3), F.A.C.

(a) Timely Application.

1. through 4. No change.

5. For purposes of the Hg Budget Part form (DEP form number 62-210.900(1)(c)), a timely application is one that is submitted as follows.

a. For a Hg Budget unit covered by a Title V permit prior to May 1, 2008, a certified Hg Budget 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.

b. For a Hg Budget unit not covered by a Title V permit prior to May 1, 2008, a certified Hg Budget 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.

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

(b) Complete Application.

1. No change.

2. The application shall be deemed complete sixty days after receipt, unless the Department, within sixty days after receipt of a certified application 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 requirements of the Acid Rain Program, and application requirements of the CAIR Program, and applicable requirements of the Hg Budget Trading Program, until 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 62-213.420(1)(b)3., F.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 62-213.420(1)(b)3., F.A.C.

3. through 5. No change

(2) through (6) No change.

(7) Hg Budget Part Form. For a source subject to the Hg Budget Program, there shall be included in the Title V permit application a certified Hg Budget Part form (DEP form number 62-210.900(1)(c)) that contains requirements concerning all Hg Budget units at the Hg Budget source for which the application is submitted, in the format prescribed by DEP form number 62-210.900(1)(d), F.A.C.

Rulemaking Specific Authority 403.061, 403.087 FS. Law Implemented 403.061, 403.0872 FS. History–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, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08,________.

 

62-213.440 Permit Content.

(1) Standard Permit Requirements. Each permit issued under this chapter shall incorporate all applicable requirements for the Title V source and for each method of operation proposed by the applicant and approved by the Department. Each such permit shall include all emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements, with citation to the Department’s rule authority for each term or condition, and identification of any difference in form from the applicable requirement upon which the term or condition is based. However, when there are multiple, redundant, or conflicting applicable requirements, these provisions can be reduced to a single streamlined term or condition that is the most stringent of the multiple applicable requirements. In addition, the Department shall label permit terms or conditions “not federally enforceable” consistent with 40 C.F.R. § 70.6(b)(2), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Emissions units or pollutant-emitting activities within a Title V source determined to be insignificant pursuant to subsection 62-213.430(6), F.A.C., shall be identified. Whenever any condition or requirement of a Title V permit is added, changed, or deleted during the term of the permit, any such previous condition shall be documented with the permit for the duration of the term and any such new or changed condition shall include a condition effective date.

(a) through (b) No change.

(c) Emission Allowances. The Acid Rain Part of a Title V permit shall include a permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under the Federal Acid Rain Program. The CAIR Part of a Title V permit shall include a permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under the CAIR Program. The Hg Budget Part of a Title V permit shall include a permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under the Hg Budget Trading Program. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

1. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Federal Acid Rain Program, or the CAIR Program, or the Hg Budget Trading Program, provided that such increases do not require a permit revision pursuant to Rule 62-213.400, F.A.C. Each CAIR Part incorporates every allocation, transfer, or deduction of a CAIR NOx or CAIR NOx ozone season allowance to or from the compliance account of the CAIR source covered by the permit, upon recording by the Administrator. Each Hg Budget Part incorporates every allocation, transfer, or deduction of a Hg allowance to or from the compliance account of the Hg Budget source covered by the permit, upon recording by the Administrator.

2. No limit shall be placed on the number of allowances held by the source under the Federal Acid Rain Program, or the CAIR Program, or the Hg Budget Trading Program.

3. Allowances shall be accounted for under the Federal Acid Rain Program, or the CAIR Program, or the Hg Budget Trading Program.

4. Each CAIR Part incorporates the definitions of terms under 40 C.F.R. § 96.102, 96.202, and 96.302, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Each Hg Budget Part incorporates the definitions of terms under 40 CFR 60.4102, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(d) No change.

(2) No change.

(3) Statement of Compliance.

(a) For each applicable requirement, the permit shall contain:

1. No change.

2. A requirement that the source submit a Statement of Compliance with all terms and conditions of the permit that includes all the provisions of 40 C.F.R. §70.6(c)(5)(iii), incorporated by reference at Rule 62-204.800, F.A.C. Such statements shall be accompanied by certification in accordance with subsection 62-213.420(4), F.A.C., for Title V requirements, and with Rule 62-214.350, F.A.C., for Acid Rain requirements, and with Rule 62-296.470, F.A.C., for CAIR Program requirements, and with Rule 62-296.480, F.A.C, for Hg Budget Trading Program requirements. Such statement shall be submitted (postmarked) to the Department and EPA:

a. through b. No change.

3. No change.

(b) No change.

(4) Periodic Monitoring.

(a) No change.

(b) Monitoring performed pursuant to any of the following satisfies periodic monitoring for that applicable requirement:

1. through 5. No change.

6. Hg Budget Trading Program requirements for which monitoring requirements are established pursuant to 40 CFR Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

Rulemaking Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 11-28-93, Amended 4-17-94, Formerly 17-213.440, Amended 11-23-94, 4-18-95, 3-13-96, 3-20-96, 11-13-97, 4-7-98, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08,________.

 

62-213.460 Permit Shield.

Except as provided in this chapter, compliance with the terms and conditions of a permit issued pursuant to this chapter shall, as of the effective date of the permit, be deemed compliance with any applicable requirements in effect, provided that the source included such applicable requirements in the permit application. Nothing in this section or in any permit shall alter or affect the ability of EPA or the Department to deal with an emergency, the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance, or the requirements of the Federal Acid Rain Program, or the CAIR Program, or the Hg Budget Trading Program.

Rulemaking Specific Authority 403.061, 403.0872 FS. Law Implemented 403.087, 403.0872 FS. History–New 11-28-93, Formerly 17-213.460, Amended 11-23-94, 1-3-01, 3-16-08,________.