The purpose of the proposed rule (OGC No. 13-1121) is to amend Rules 62-213.205 and 62-213.900, F.A.C., to conform with 403.0872 F.S., as amended by the Legislature in 2013, so that annual operation fees paid by major sources of air pollution (Title ...  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NOS.:RULE TITLES:

    62-213.205Annual Emissions Fee

    62-213.900Forms and Instructions

    PURPOSE AND EFFECT: The purpose of the proposed rule (OGC No. 13-1121) is to amend Rules 62-213.205 and 62-213.900, F.A.C., to conform with 403.0872 F.S., as amended by the Legislature in 2013, 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 62-213.205, F.A.C., accordingly. The Department is also amending Rule 62-213.205, F.A.C., to repeal 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: 62-213.202; 62-213.205; 62-213.415; 62-213.420; and 62-213.440, F.A.C.

    EFFECT ON THOSE OTHER RULES: The amendments to Rules 62-213.205 and 62-213.900 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, 403.087 FS.

    LAW IMPLEMENTED: 403.087, 403.0872 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: (850)717-9098. E-mail: Cindy.Phillips@dep.state.fl.us

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    62-213.205 Annual Emissions Fee.

    Each Title V source permitted to operate in this state must pay between January 15 and April 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 actually emitted, as calculated in accordance with the Department’s emissions computation and reporting rules set forth in Rule 62-210.370, F.A.C. The annual fee shall only apply to those regulated pollutants, (except carbon monoxide) and greenhouse gases, for which an allowable numeric emission-limiting standard is specified in 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. The emissions fee factor is $30. Provided, however, that:

    (a) For emissions occurring in calendar year 2013, the emissions fee factor is $27.

    (b) For any Title V source that operates for fewer hours during the calendar year than allowed under its permit, the annual fee calculation may, at a responsible official’s option, be based upon actual hours of operation, rather than allowable hours, if the owner or operator documents in a formal log or record the actual hours of operation for the calendar year. For any Title V source that has an emission limit that is dependent upon the type of fuel burned, the annual fee calculation shall be based on the emissions limit applicable during actual hours of operation.

    (c) For any Title V source whose allowable emission limitation is specified per units of material input or heat input or product output, the applicable input or production amount may be used to calculate the allowable emissions if the owner or operator documents in a formal log or record the actual input or production amount. If the input or production amount is not documented, the maximum allowable input or production amount specified in the permit must be used to calculate the allowable emissions.

    (d) For any new Title V source that does not receive its first operation permit or begin operation under an air construction permit until after the beginning of a calendar year, or for any Title V source that achieves a non-Title V status (i.e., by Federally Enforceable State Operation Permit or permit surrender), the annual fee for the year shall be reduced pro rata to reflect the period during which the source was not allowed to operate as a Title V source.

    (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, meets the certification and quality assurance requirements of Appendices B and F of 40 CFR Part 60, or for an acid rain source or CAIR source meets the certification and quality assurance requirements of 40 CFR 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% to 100% 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% to 100% level will be used. If two or more such tests have not been conducted, the results of the latest test conducted at the 90% to 100% 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. The Department will accept, for fee purposes, emissions documented by means of an inventory balance for volatile organic compounds (VOC’s), provided no credit is given for VOC’s which are incinerated as a means of control or presumed to be bound into a finished product. The owner or operator shall annually document through purchase receipts, records and sales receipts the beginning (January 1) and ending (December 31) VOC inventories, the amount of VOC’s purchased during the year, and the amount of VOC’s disposed of in the liquid phase during the year. The beginning of the year inventory, plus the amount purchased during the year, minus the amount disposed of in the liquid phase during the year, minus the ending VOC inventory will provide the amount of VOCs subject to the fee.

    3. The Department will approve alternate fee calculation methods if a responsible official demonstrates that such method is able to quantify emissions by a scientifically accurate and verifiable procedure. The use of AP-42 factors or individual stack tests, standing alone, are not normally considered scientifically accurate and verifiable procedures for determining annual emissions for fee purposes. All proposals shall be certified by a professional engineer registered in the State of Florida and shall be field-tested at the specific facility, unless a proposing responsible official demonstrates that field-testing is not practicable.

    (b)(f) The amount of each regulated air pollutant in excess of 4,000 tons per year allowed to be emitted, in total, by any Title V source will not be included in the calculation of the fee. Any Title V source which does not emit any regulated air pollutant in excess of 4,000 tons per year may request is allowed a one-time credit not to exceed 25 percent of its first annual emissions fee for the prorated portion of the existing air operation permit application fees remaining upon commencement of its annual emissions fees.

    (c)(g) If the Department has not received the fee by March 1 February 15 of the year following the calendar year for which the fee is calculated, the Department will send the primary responsible official of the Title V source a written warning of the consequences for failing to pay the fee by April March 1. If the fee is not postmarked or electronically submitted by April March 1 of the year due, the Department shall impose, in addition to the fee, a penalty of 50 percent of the amount of the fee unpaid plus interest on such amount computed in accordance with Section 220.807, F.S. If the Department determines that a submitted fee was inaccurately calculated, the Department shall either refund to the permittee any amount overpaid or notify the permittee of any amount underpaid. The Department shall not impose a penalty or interest on any amount underpaid, provided that the permittee has timely remitted payment of at least 90 percent of the amount determined to be due and remits full payment within 60 days after receipt of notice of the amount underpaid. The Department shall waive the collection of underpayment and shall not refund overpayment of the fee, if the amount is less than one percent of the fee due, up to $50.00. The Department shall make every effort to provide a timely assessment of the adequacy of the submitted fee. Failure to pay timely any required annual emissions fee, penalty, or interest constitutes grounds for permit revocation pursuant to Rule 62-4.100, F.A.C.

    (d)(h) Notwithstanding any other provisions of this rule, the annual emissions fee for any Title V source, other than a Title V source authorized to operate under a Title V air general permit, shall not be less than $250. Furthermore, the annual emissions fee for a Title V source authorized to operate under a Title V air general permit shall be $50.

    (i) renumbered (e) No change.

    (j) A completed DEP Form 62-213.900(1), “Major Air Pollution Source Annual Emissions Fee Form,” must be submitted by a responsible official with the annual emissions fee.

    (k) renumbered (f) No change.

    (2) No change.

    Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 12-21-92, 9 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, 10 6-2-02, 1-9-08, 3-16-08, 3-11-10, 4-1-13,________.

     

    62-213.900 Forms and Instructions.

    The forms used by the Department in the Title V source operation program are adopted and incorporated by reference in this section. The forms are listed by rule number, which is also the form number, and 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 online at www.dep.state.fl.us/air.

    (1) [Reserved].Major Air Pollution Source Annual Emissions Fee Form (DEP Form No. 62-213.900(1), Effective 10-12-08) required in Rule 62-213.205, F.A.C.

    (2) through (3) No change.

    Rulemaking Authority 403.061 FS. Law Implemented 403.0872, 403.814 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.900, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 2-24-99, 1-3-01, 6-2-02, 4-14-03, 10-12-08, 6-29-11,________.

     

    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

Document Information

Comments Open:
11/4/2013
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 62-213.205, F.A.C., accordingly. The Department is also amending Rule 62-213.205, F.A.C., to repeal subsection 62-213.900(1), F.A.C., Major Air Pollution Source ...
Purpose:
The purpose of the proposed rule (OGC No. 13-1121) is to amend Rules 62-213.205 and 62-213.900, F.A.C., to conform with 403.0872 F.S., as amended by the Legislature in 2013, 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.
Rulemaking Authority:
403.061, 403.087 F.S.
Law:
403.087, 403.0872 F.S.
Contact:
Cindy Phillips, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400. Telephone (850)717-9098. E-mail Cindy.Phillips@dep.state.fl.us.
Related Rules: (2)
62-213.205. Annual Emissions Fee
62-213.900. Forms and Instructions