The proposed rule involves amendments to rule Chapter 62-204, F.A.C., to update the Department’s adoption by reference of U.S. Environmental Protection Agency (EPA) regional haze regulations at 40 CFR Part 51. The update includes recent revisions to ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental

RULE NO: RULE TITLE
62-204.800: Federal Regulations Adopted by Reference
PURPOSE AND EFFECT: The proposed rule involves amendments to rule Chapter 62-204, F.A.C., to update the Department’s adoption by reference of U.S. Environmental Protection Agency (EPA) regional haze regulations at 40 CFR Part 51. The update includes recent revisions to EPA’s regulations related to Best Available Retrofit Technology (BART). Pursuant to the federal Clean Air Act, the Department is required to ensure that certain sources of visibility-impairing pollutants in Florida use BART to reduce the impact of their emissions on regional haze. The proposed amendments are part of the Department’s overall rulemaking project to implement the BART requirement.
SUMMARY: EPA BART regulations at 40 CFR Part 51 and related EPA regulations at 40 CFR Parts 52 and 81 are adopted and incorporated by reference in support of the Department’s overall rulemaking project including exemptions and other administrative procedures related to BART implementation.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was 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
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 Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, or [e-mail], phone [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: Ms. Lynn Scearce at Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, or [e-mail], phone [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

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) No change.

(2) Chapter 40, Code of Federal Regulations, Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a) The following subparts of 40 CFR Part 51, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. through 2. No change.

3. 40 CFR 51, Subpart P, Protection of Visibility, amended July 6, 2005, at 70 FR 39103; amended October 13, 2006, at 71 FR 60611.

4. through 5. No change.

(b) The following appendices of 40 CFR Part 51, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. through 3. No change.

4. 40 CFR 51, Appendix Y, Guidelines for BART Determination Under the Regional Haze Rule, promulgated July 6, 2005, at 70 FR 39103.

(3) Chapter 40, Code of Federal Regulations, Part 52, Approval and Promulgation of Implementation Plans. The following subparts of 40 CFR Part 52, revised as of July 1, 2003, or later as specifically indicated, are adopted and incorporated by reference:

(a) No change.

(b) 40 CFR Part 52, Subpart K, Florida, amended July 22, 2003, at 68 FR 43312; amended August 11, 2003, at 68 FR 47468; amended February 13, 2004 at 69 FR 7127; amended March 29, 2004, at 69 FR 16167; amended June 17, 2004, at 69 FR 33860; amended April 28, 2006, at 71 FR 25327.

(4) through (21) No change.

(22) Chapter 40, Code of Federal Regulations, Part 81, Designation of Areas for Air Quality Planning Purposes. The following sections and subparts of 40 CFR Part 81, revised as of July 1, 2005 July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

(a) through (f) No change.

(g) 40 CFR Part 81, Subpart D, Identification of Mandatory Class I Federal Areas Where Visibility Is an Important Value.

(23) through (25) No change.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 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, 9-4-06, 9-6-06,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Larry George
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 6, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 25, 2006