The proposed rule involves amendments to Chapter 62-210, F.A.C., related to implementation of permitting requirements for Title V sources subject to the U.S. Environmental Protection Agency’s Clean Air Interstate Rule, Clean Air Mercury Rule, and ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-210.200: Definitions
62-210.300: Permits Required
62-210.360: Administrative Permit Corrections
62-210.900: Forms and Instructions
PURPOSE AND EFFECT: The proposed rule involves amendments to Chapter 62-210, F.A.C., related to implementation of permitting requirements for Title V sources subject to the U.S. Environmental Protection Agency’s Clean Air Interstate Rule, Clean Air Mercury Rule, and Acid Rain program.
SUMMARY: The proposed rule amendment addresses Title V air operation permitting requirements.
SUMMARY OF STATEMENT 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, 403.087, 403.0872 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.0872 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Thursday, January 10, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors Conference Room, 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 days 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: Ms. Cindy Phillips at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-210.200 Definitions.

The following words and phrases when used in this chapter and in Chapters 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless content clearly indicates otherwise, have the following meanings:

(1) through (8) No change.

(9) “Acid Rain Unit” – A fossil fuel-fired combustion device listed as subject to any Acid Rain emissions reduction requirement or Acid Rain emissions limitation at 40 C.F.R. 72.6 or 74.2, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(10) through (58) No change.

(59) “CAIR Part” or “CAIR Permit” – DEP Form No. 62-210.900(1)(b), completed and certified by the designated representative and incorporated as a part of the Title V source permit or air construction permit. The CAIR Part shall specify That portion of the Title V source permit specifying the CAIR Program requirements applicable to the a CAIR source, to each CAIR unit at the source, and to the owners and operators and the CAIR designated representative of the CAIR source and each such CAIR unit.

(60) through (75) No change.

(76) “C.F.R.” or “CFR” – Code of Federal Regulations.

(77) through (158) No change.

(159) “Hg Budget Part” or “Hg Budget Permit” – DEP Form No. 62-210.900(1)(c), completed and certified by the designated representative and incorporated as a part of the Title V source permit or air construction permit. The Hg Budget Part shall specify the Hg Budget Trading Program requirements applicable to the Hg Budget source, to each Hg Budget unit at the source, and to the owners and operators and the designated representative of the Hg Budget source and each such Hg Budget unit.

(159) through (334) renumbered (160) through (335) No change.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History–Formerly 17-2.100, Amended 2-9-93, 11-28-93, Formerly 17-210.200, Amended 11-23-94, 4-18-95, 1-2-96, 3-13-96, 3-21-96, 8-15-96, 10-7-96, 10-15-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 2-19-03, 4-1-05, 7-6-05, 2-2-06, 4-1-06, 9-4-06, 9-6-06, 1-10-07, 5-9-07,__________.

 

62-210.300 Permits Required.

(1) No change.

(2) Air Operation Permits. Upon expiration of the air operation permit for any existing facility or emissions unit; subsequent to any construction, reconstruction or modification of a facility or emissions unit authorized by an air construction permit, and demonstration of compliance with the conditions of such air construction permit; subsequent to the establishment of a PAL or air emissions bubble by air construction permit; or as otherwise provided in this chapter or Chapter 62-213, F.A.C.; the owner or operator of such facility or emissions unit shall obtain a renewal air operation permit, an initial air operation permit, or an administrative correction or revision of an existing air operation permit, whichever is appropriate, in accordance with all applicable provisions of this chapter, Chapter 62-213 (if the facility is a Title V source), and Chapter 62-4, F.A.C.

(a) Minimum Requirements for All Air Operation Permits. At a minimum, a permit issued pursuant to this subsection shall:

1. through 2. No change.

3. Contain an effective date stated in the permit which shall not be earlier than the date final action is taken on the application and be issued for a period, beginning on the effective date, as provided below.

a. The operation permit for an emissions unit which is in compliance with all applicable rules and in operational condition, and which the owner or operator intends to continue operating, shall be issued or renewed for a five-year period, except that, for Title V sources subject to subparagraph 62-213.420(1)(a)1., F.A.C., operation permits shall be extended until 60 days after the due date for submittal of the facility’s Title V permit application as specified in subparagraph 62-213.420(1)(a)1., F.A.C.

b. through d. No change.

4. No change.

(b) through (c) No change.

(3) through (7) No change.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–Formerly 17-2.210, Amended 11-28-93, Formerly 17-210.300, Amended 11-23-94, 4-2-95, 4-18-95, 10-16-95, 1-2-96, 3-13-96, 3-21-96, 5-13-96, 8-15-96, 10-7-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 6-21-01, 7-6-05, 2-2-06, 1-10-07, 5-9-07,________.

 

62-210.360 Administrative Permit Corrections and Amendments.

(1) A facility owner shall notify the Department in writing by letter of minor corrections or amendments to information contained in a permit. Such minor corrections or amendments notifications shall include:

(a) through (g) No change.

(2) Upon receipt of any such notification, the Department shall within 60 days correct or amend the permit and provide a copy of the correction or amendment corrected copy to the owner.

(3) No change.

(4) For Title V source permits corrected or amended by the Department other than general permits, a copy of the correction or amendment corrected permit shall be provided to EPA and any approved local air program in the county where the facility or any part of the facility is located.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, Formerly 17-210.360, Amended 11-23-94, 2-11-99, 4-16-01, 6-2-02,________.

 

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) Application for Air Permit – Long Form, Form and Instructions (DEP Form No. 62-210.900(1), Effective________ 2-2-06).

(a) Acid Rain Part Application, Form and Instructions (DEP Form No. 62-210.900(1)(a), Effective________6-16-03).

1. Phase II NO_X Averaging Plan, Form (DEP Form No. 62-210.900(1)(a)1., Effective             ) Repowering Extension Plan, Form and Instructions (Effective 7-1-95).

2. Acid Rain New Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(a)2., Effective________ 4-16-01).

3. Retired Unit Exemption, Form and Instructions (Effective 4-16-01).

4. Phase II NOx Compliance Plan, Form and Instructions (Effective 1-6-98).

5. Phase II NOx Averaging Plan, Form (Effective 1-6-98).

(b) Clean Air Interstate Rule (CAIR) Part, Form and Instructions (DEP Form No. 62-210.900(1)(b), Effective                 ______) (Reserved).

(c) Mercury (Hg) Budget Part, Form and Instructions (DEP Form No. 62-210.900(1)(c), Effective______).

(d) Acid Rain, CAIR, and Hg Budget Retired Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(d), Effective              ).

(2) through (7) No change.

Specific Authority 403.061 FS. Law Implemented 403.061, 403.087 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,________.

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 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007 and August 31, 2007