The proposed rule involves amendments to Rule Chapter 62-296, F.A.C., to implement the reasonable progress portion of the U.S. Environmental Protection Agency’s (EPA’s) regional haze regulations. Pursuant to these regulations, the department is ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-296.341: Regional Haze – Reasonable Progress
PURPOSE AND EFFECT: The proposed rule involves amendments to Rule Chapter 62-296, F.A.C., to implement the reasonable progress portion of the U.S. Environmental Protection Agency’s (EPA’s) regional haze regulations. Pursuant to these regulations, the department is required to ensure that certain sources of visibility-impairing pollutants in Florida limit their emissions such that reasonable progress is made toward the goal of achieving natural visibility conditions in federal Class I areas. New Rule 62-296.341, F.A.C., is created to set forth procedural requirements by which reasonable progress determinations will be made for affected sources.
SUMMARY: The proposed new rule section addresses air permitting and control technology requirements for sources subject to the reasonable progress portion of EPA’s regional haze regulations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs (SERC) has been requested and is being prepared.
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.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, December 4, 2007, 9:00 a.m., before the Environmental Regulation Commission (ERC). Any proposed amendment or other comments or objections should be presented in accordance with paragraph 62-110.103(2)(b), F.A.C.
PLACE: Florida Department of Environmental Protection, Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Tom Rogers at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-296.341 Regional Haze – Reasonable Progress Control Technology.

(1) Applicability. This rule applies to all emissions units that:

(a) Commenced construction or reconstruction, or submitted a complete application for an air construction permit for initial construction or reconstruction, prior to August 30, 1999;

(b) Emitted 250 tons per year or more of sulfur dioxide in calendar year 2002 as determined by the annual operating report submitted pursuant to Rule 62-210.370, F.A.C.; and

(c) Have a significant baseline contribution to regional haze in any Class I area within 300 kilometers of the unit.

(2) Definitions. For the purposes of this rule:

(a) “Class I area” shall mean any mandatory Class I federal area where visibility is an important value, as set forth at 40 CFR Part 81, Subpart D, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) “Reasonable Progress Control Technology (RPCT)” shall mean an emission limitation based on the degree of reduction achievable through application of a system of continuous emission reduction for sulfur dioxide taking into consideration the technology available and the criteria of 40 CFR 51.308(d)(1)(i)(A), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(c) “Significant Baseline Contribution to Regional Haze” shall mean, for a given emissions unit, that the unit’s contribution to regional haze in a Class I area is equal to or greater than a visibility contribution value of 50, where the visibility contribution value is determined by dividing the unit’s year-2002 emissions of sulfur dioxide, in tons, by the unit’s distance from the Class I area, in kilometers.

1. A unit’s year-2002 sulfur dioxide emissions shall be determined, as follows, by the annual operating report(s) submitted pursuant to Rule 62-210.370, F.A.C.:

a. For an electric utility unit: the unit’s sulfur dioxide emissions for calendar year 2002 multiplied by the ratio of the unit’s average annual heat input over the 5-year period 2000-2004, divided by the unit’s heat input for calendar year 2002;

b. For any other unit: the unit’s sulfur dioxide emissions for calendar year 2002.

2. A unit’s distance from a given Class I area shall be determined by calculating the distance from the unit’s emission point to the Class I area’s reference point (latitude/longitude) as set forth below for all Class I areas in Florida or within 300 kilometers of the state:

a. Everglades National Park: 25.3910 degrees North, 80.6806 degrees West.

b. Chassahowitzka National Wilderness Area: 28.7484 degrees North, 82.5549 degrees West.

c. Saint Marks National Wilderness Area: 30.0926 degrees North, 84.1614 degrees West.

d. Okefenokee and Wolf Island National Wilderness Areas: 30.7405 degrees North, 82.1283 degrees West.

e. Breton National Wilderness Area: 29.1189 degrees North, 89.2066 degrees West.

(3) RPCT Required.

(a) The Department shall establish RPCT in an air construction permit issued in accordance with the subsection 62-296.341(4), F.A.C.

(b) The owner or operator of one more emissions units subject to this rule must obtain an air construction permit from the Department that establishes RPCT for each such emissions unit and install, operate, and maintain RPCT as set forth in such permit.

(c) After December 31, 2017, no emissions unit subject to this rule shall operate except in compliance with a permit that includes RPCT.

(4) Air Construction Permit Provisions.

(a) The owner or operator of one or more emissions units subject to this rule shall submit an application for air construction permit to the Department not later than January 31, 2012, containing an evaluation of RPCT and proposed RPCT determination for each emissions unit subject to this rule. In such application, the owner or operator shall identify the technology available and apply the criteria of 40 CFR 51.308(d)(1)(i)(A), adopted and incorporated by reference at Rule 62-204.800, F.A.C., in evaluating RPCT.

1. In identifying the technology available, the owner or operator shall use Steps 1-3 of Section IV.D of 40 CFR Part 51, Appendix Y, Guidelines for BART Determinations Under the Regional Haze Rule, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. In evaluating RPCT according to the criteria of 40 CFR 51.308(d)(1)(i)(A), the owner or operator shall use Step 4 of Section IV.D of 40 CFR Part 51, Appendix Y, and, for “time necessary for compliance,” use the compliance deadline of December 31, 2017.

3. In proposing RPCT, the owner or operator shall use Section IV.E of 40 CFR Part 51, Appendix Y, except that analysis of modeled visibility impacts of the emissions unit is not required.

(b) The Department shall issue an air construction permit that establishes RPCT for each emissions unit addressed in an application submitted pursuant to paragraph 62-296.341(4)(a), F.A.C. In establishing RPCT, the Department shall apply the criteria of 40 CFR 51.308(d)(1)(i)(A), taking into consideration the applicant’s RPCT evaluation and proposed RPCT determination for each affected emissions unit.

1. If, by October 1, 2012, the owner or operator fails to make a permit application, submitted in accordance with paragraph 62-296.341(4)(a), F.A.C., complete, the Department shall issue an air construction permit that establishes RPCT based on the criteria of 40 CFR 51.308(d)(1)(i)(A), taking into consideration all information available.

2. The Department shall state the basis for its RPCT determination(s) in a technical evaluation document supporting its intent to issue.

3. The permit shall require the owner or operator of the affected emissions units to comply with RPCT as expeditiously as practicable, but not later than December 31, 2017.

4. The permit shall require an operation and maintenance plan for any control equipment required by the Department’s RPCT determination.

(c) Before taking final agency action on an air construction permit application to establish RPCT, the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and, in its intent to issue, provide an opportunity for public comment which shall include at a minimum the following:

1. Pursuant to Chapter 119, Florida Statutes, a complete file available for public inspection at its Tallahassee offices which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, Florida Statutes, and the Department’s technical evaluation and proposed air construction permit;

2. A 30-day period for submittal of public comments; and

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the affected unit and the location of the information specified in subparagraph 62-296.341(4)(c)1., F.A.C., and notifying the public of the opportunity for submitting comments. The notice shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(5) Exemptions. An affected emissions unit shall be exempt from the requirement for an RPCT determination if:

(a) It is not subject to the CAIR Program and it has received a best available retrofit technology (BART) determination for sulfur dioxide pursuant to subsection 62-296.340(3), F.A.C.; or

(b) It is subject to the CAIR Program and it has received a BART-equivalent emission limitation for sulfur dioxide pursuant to subsection 62-296.340(4), F.A.C.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ms. Mimi Drew, Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 25, 2007