The purpose of the proposed rule (OGC No. 13-1120) is to amend Rules 62-210.370 and 62-210.900, F.A.C., so that annual operation fees paid by major sources of air pollution (Title V sources) will be based on the actual amount of regulated air ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-210.370Emissions Computation and Reporting

62-210.900Forms and Instructions

PURPOSE AND EFFECT: The purpose of the proposed rule (OGC No. 13-1120) is to amend Rules 62-210.370 and 62-210.900, F.A.C., so that annual operation fees paid by major sources of air pollution (Title V sources) will be based on the actual amount of regulated air pollutants emitted, instead of being based on the amount of regulated air pollutants allowed to be emitted by permit.

SUMMARY: In 2013 Section 403.0872, F.S., was amended so that annual operation fees paid by major sources of air pollution (Title V sources) will be based on the actual amount of regulated air pollutants emitted, instead of being based on the amount of regulated air pollutants allowed to be emitted by permit, and the Department is revising Rule 62-210.370, F.A.C., accordingly. In addition, the Department is repealing subsection 62-213.900(1), F.A.C., Major Air Pollution Source Annual Emissions Fee Form (DEP Form No. 62-213.900(1), Effective 10-12-08), and is, therefore, amending subsection 62-210.900(5), F.A.C., Annual Operating Report for Air Pollutant Emitting Facility, Form and Instructions (DEP Form No. 62-210.900(5), Effective 7-3-08), to address the major air pollution source annual emissions fees.

OTHER RULES INCORPORATING THIS RULE: 62-210.200; 62-210.300; 62-210.310; 62-212.300; 62-212.720; 62-213.405; 62-213.413; 62-213.415; 62-213.420; 62-213.430; 62-214.320; 62-214.340; 62-214.360; and 62-296.341, F.A.C.

EFFECT ON THOSE OTHER RULES: The amendments to Rules 62-210.370 and 62-210.900 will not have any effect on those rules cited above.

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: these proposed amendments to base the annual emissions fees on the actual amount of regulated air pollutants emitted, instead of basing fees on the amount of regulated air pollutants allowed to be emitted by permit, will lessen the financial impact on regulated entities.

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: 403.031, 403.061, 403.087, 403.815 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: Cindy Phillips, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400, Telephone: [phone], E-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-210.370 Emissions Computation and Reporting.

(1) Applicability. This rule sets forth required methodologies to be used by the owner or operator of a facility for computing actual emissions, baseline actual emissions, and net emissions increase, as defined at Rule 62-210.200, F.A.C., and for computing emissions for purposes of the reporting requirements of subsection 62-210.370(3), and paragraph 62-212.300(1)(e), and Rule 62-213.205, F.A.C., or of any permit condition that requires emissions be computed in accordance with this rule. This rule is not intended to establish methodologies for determining compliance with the emission limitations of any air permit.

(2) No change.

(3) Annual Operating Report for Air Pollutant Emitting Facility.

(a) The Annual Operating Report for Air Pollutant Emitting Facility [Including Title V Source Emissions Fee Calculation] (DEP Form No. 62-210.900(5)) shall be completed each year for the following facilities:

1. through 4. No change.

(b) No change.

(c) By April 1 of each year , an The annual operating report for the previous calendar year shall be submitted to the appropriate Department of Environmental Protection (DEP) division, district or DEP-approved local air pollution control program office. by April 1 of the following year, except that the annual operating report for year 2008 shall be submitted by May 1, 2009. However, iIf the annual operating report is submitted using the DEP’sDepartment’s electronic annual operating report software, there is no requirement to submit DEP Form No. 62-210.900(5) a copy to any DEP or local air program office. Each Title V Source shall submit the annual operating report using the DEP’s electronic annual operating report software, unless a technical or financial hardship can be demonstrated to the DEP Division of Air Resource Management. (See http://www.dep.state.fl.us/air/emission/eaor/ for information.) Any Title V Source requesting a hardship exemption shall submit DEP Form No. 62-210.900(5) to the DEP Division of Air Resource Management instead of using the reporting software.

(d) No change.

(4) No change.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-9-93, Formerly 17-210.370, Amended 11-23-94, 3-21-96, 2-11-99, 6-21-01, 2-2-06, 7-3-08,_________.

 

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) through (4) No change.

(5) Annual Operating Report for Air Pollutant Emitting Facility [Including Title V Source Emissions Fee Calculation], Form and Instructions (DEP Form No. 62-210.900(5), Effective ________7-3-08).

(6) through (7) No change.

Rulemaking 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, 3-11-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Phillips, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 5, 2013