The proposed rule amendments (OGC No. 10-0877) incorporate into the state’s air pollution control rules several elements related to control of fine particulate matter (PM2.5) emissions from industrial facilities like electric utilities, pulp mills, ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-210.200: Definitions

PURPOSE AND EFFECT: The proposed rule amendments (OGC No. 10-0877) incorporate into the state’s air pollution control rules several elements related to control of fine particulate matter (PM2.5) emissions from industrial facilities like electric utilities, pulp mills, and cement kilns.

SUMMARY: Revisions are needed to the definitions at Rule 62-210.200, F.A.C., to establish PM2.5 as a pollutant with a significant emissions rate, thereby making industrial facilities that emit PM2.5 potentially subject to preconstruction review for major stationary sources and major modifications (at Chapter 62-212, F.A.C.). The proposed amendments are consistent with federal regulation, policy, and guidance, and they do not impose any requirements beyond or in addition to the minimum federal program. Based on the statement of estimated regulatory costs, the proposed rule amendments are not expected to require legislative ratification.

OTHER RULES INCORPORATING THIS Rule 62-210.200, F.A.C., is referenced in Rules 62-4.050, 62-204.200, 62-210.200, 62-210.220, 62-210.300, 62-210.340, 62-210.370, 62-212.100, 62-212.500, 62-212.720, 62-213.202, 62-213.400, 62-213.410, 62-213.412, 62-213.420, 62-213.440, 62-214.100, 62-296.100, 62-296.340, 62-296.401, 62-296.417, 62-296.470, 62-296.600, and 62-297.100, F.A.C.

EFFECT ON THOSE RULES: The amendments would have no impact in the following referencing Rules 62-204.200, 62-210.220, 62-210.300, 62-210.340, 62-210.370, 62-213.202, 62-213.400, 62-213.410, 62-213.412, 62-213.420, 62-213.440, 62-214.100, 62-296.100, 62-296.340, 62-296.401, 62-296.417, 62-296.470, 62-296.600, and 62-297.100, F.A.C. The amendments would have the intended impact, as discussed in the summary, in the following referencing Rules 62-4.050, 62-210.200, 62-212.100, 62-212.500, and 62-212.720, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has prepared a SERC, which concludes that the amended rule imposes costs only in very rare circumstances because PM2.5 is a subset of pollutants that are already controlled. Thus, most (if not all) sources of PM2.5 emissions are already subject to preconstruction review for stationary sources because they emit other air pollutants and few (if any) facilities will be subject to regulation only because of their direct PM2.5 emission rates. Based upon the SERC, the agency has determined that the rule is not likely to, directly or indirectly, have an adverse impact on economic growth, private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; that the rule is not likely to, directly or indirectly, have an adverse impact on business competitiveness in excess of $1 million in the aggregate within 5 years after the implementation of the rule; and that the rule is likely to increase the total state-wide regulatory costs for all regulated entities by no more than $42,000 during the 5 years after the implementation of this rule (This is an estimate of total regulatory costs for all regulated entities in the state over a 5-year period, not an annual cost for each regulated entity). Based upon the SERC analysis the agency has determined that legislative ratification is not required.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.061 FS.

A HEARING WILL BE HELD BEFORE THE ENVIRONMENTAL REGULATION COMMISSION AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 19, 2012, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida

Any proposed amendment or other comments or objections should be presented in accordance with paragraph 62-110.103(2)(b), F.A.C.

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. Marnie Brynes at [phone] or [e-mail]. 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: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, telephone [phone], e-mail [e-mail], or Chad Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, telephone [phone], e-mail [e-mail].

The department will accept public comments on the proposed rulemaking. Comments may be sent to Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, telephone [phone], e-mail [e-mail], or Chad Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, telephone [phone], e-mail [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-210.200 Definitions.

The following words and phrases when used in this chapter and in Chapters 62-204, 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:

(1) through (36) No change.

(37) “Baseline Area” – The area (and every part thereof) designated as a prevention of significant deterioration (PSD) area under Rule 62-204.360, F.A.C., in which the facility or major modification establishing the minor source baseline date would construct or in which the emissions of the facility (or the significant net increase in emissions for a major modification) would have a predicted air quality impact equal to or greater than one microgram per cubic meter (annual average) of the pollutant for which the minor source baseline date is established.

(a) The baseline area for sulfur dioxide is all of the state.

(b) The baseline area for nitrogen dioxide is all of the state.

(c) The baseline area for PM10 is all of the state.

(d) The baseline area for PM2.5 is all of the state.

(38) “Baseline Concentration” – For each pollutant for which a minor source baseline date is established and for each averaging time for which a maximum allowable increase is established, tThe ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and for each averaging time for which a maximum allowable increase is established in Rule 62-204.260, F.A.C.

(a) through (d) No change.

(39) through (76) No change.

(77) “Class I Area” – The following areas are designated as Class I areas.

(a) Areas designated at 40 C.F.R. Part 81, Subpart D, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) Bradwell Bay National Wilderness Area.

(78) “Class II Area” – All areas of the state are designated Class II except for those areas designated Class I.

(77) through (90) renumbered (79) through (92) No change.

(93) “Condensable Particulate Matter” or “Condensable PM” – Gaseous emissions from a source or activity which condense at ambient temperatures to form particulate matter.

(94) “Condensable PM10” – Gaseous emissions from a source or activity which condense at ambient temperatures to form PM10.

(95) “Condensable PM2.5” – Gaseous emissions from a source or activity which condense at ambient temperatures to form PM2.5.

(91) through (186) renumbered (96) through (191) No change.

(192)(187) “Major Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(i) 51.166(14)(i), adopted and incorporated by reference at in Rule 62-204.800, F.A.C.:

(a) In the case of PM10 particulate matter and sulfur dioxide, January 6, 1975; and

(b) In the case of nitrogen dioxide, February 8, 1988; and,

(c) In the case of PM2.5, October 20, 2010.

(188) through (191) renumbered (193) through (196) No change.

(197) “Maximum Allowable Increase” or “PSD Increment” – A maximum allowable increase over the baseline concentration as set forth at 40 C.F.R. § 52.21(c), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(192) through (195) renumbered (198) through (201) No change.

(202)(196) “Minor Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(ii), adopted and incorporated by reference at in Rule 62-204.800, F.A.C., the minor source baseline date for each pollutant for which maximum allowable increases have been established under Rule 62-204.260, F.A.C., is as follows the earliest date after August 7, 1977, for particulate matter and sulfur dioxide, and February 8, 1988, for nitrogen dioxide, that a facility or a modification subject to preconstruction review under 40 C.F.R. 52.21, Rule 17-2.500 (transferred), or Rule 62-212.400, F.A.C., submits a complete application for permit under such regulations provided that:

(a) The sulfur dioxide minor source baseline date for the sulfur dioxide baseline area is December 27, 1977; On the date the complete application is filed, the area in which the facility or modification would be constructed is designated as attainment or unclassifiable for the applicable pollutant under 42 U.S.C. Section 7407(d)(1) of the Clean Air Act (if the application is filed under 40 C.F.R. 52.21), or as a PSD area under Rule 17-2.450 (transferred), 62-275.700 (repealed), or 62-204.360, F.A.C., (if the application is filed under Rule 17-2.500 (transferred) or 62-212.400, F.A.C.); and

(b) The nitrogen dioxide minor source baseline date for the nitrogen dioxide baseline area is March 28, 1988; In the case of a facility, the emissions of the applicable pollutant would be equal to or greater than the significant emissions rate as defined under Rule 62-210.200, F.A.C., or, in the case of modification, there would be a significant net emissions increase of the pollutant.

(c) The PM10 minor source baseline date for the PM10 baseline area is December 27, 1977; and

(d) The PM2.5 minor source baseline date for the PM2.5 baseline area is October 21, 2011.

(197) through (235) renumbered (203) through (241) No change.

(242)(236) “PM10” –

(a) With respect to concentrations in the atmosphere, PM10 means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 C.F.R. Part 50 Appendix J, adopted and incorporated by reference in Rule 62-204.800, F.A.C., and designated in accordance with 40 C.F.R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(b) For purposes of Rules 62-212.400 and 62-212.500, F.A.C., including determinations of applicability and establishment of limitations to avoid applicability of Rule 62-212.400 or 62-212.500, F.A.C., PM10 emissions shall include condensable PM10. Compliance with PM10 emissions limitations originating in a permit issued pursuant to Rules 62-212.400 or 62-212.500, F.A.C., and issued prior to January 1, 2011, shall not be based on condensable PM10 unless required by the terms and conditions of the permit. With respect to emissions, PM10 means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the atmosphere as measured by an applicable reference method or by an equivalent or alternative method specified in 40 C.F.R. Part 51, Subpart M, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(243) “PM2.5” –

(a) PM2.5 means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers.

(b) For purposes of Rules 62-212.400 and 62-212.500, F.A.C., including determinations of applicability and establishment of limitations to avoid applicability of Rules 62-212.400 or 62-212.500, F.A.C., PM2.5 emissions shall include condensable PM2.5. Compliance with PM2.5 emissions limitations originating in a permit issued pursuant to Rules 62-212.400 or 62-212.500, F.A.C., and issued prior to January 1, 2011, shall not be based on condensable PM2.5 unless required by the terms and conditions of the permit.

(237) through (274) renumbered (244) through (281) No change.

(282)(275) “Significant Emissions Rate” –

(a) With respect to any emissions increase or any net emissions increase, or the potential of a facility to emit any of the following pollutants, significant emissions rate means a rate of pollutant emissions that would equal or exceed:

1. A rate listed at 40 C.F.R. 52.21(b)(23)(i), adopted and incorporated by reference at Rule 62-204.800, F.A.C.; specifically, any of the following rates:

a. through c. No change.

d. Particulate matter: 25 tpy;

(I) 25 tpy of particulate matter emissions;

(II) 15 tpy of PM10 emissions;

e. PM10: 15 tpy;

f. PM2.5: 10 tpy of direct PM2.5 emissions, 40 tpy of sulfur dioxide emissions, or 40 tpy of nitrogen oxides emissions;

e. through o. renumbered g. through q. No change.

2. No change.

(b) Significant emissions rate also means, for the pollutants listed above in paragraph (a), any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers of a Class I area and have an impact on such area equal to or greater than 1 microgram per cubic meter µg/m3, 24-hour average.

(c) No change.

(283)(276) “Significant Impact” – An impact of emissions on ambient air quality in excess of any of the following pollutant-specific concentration values:

(a) through (b) No change.

(c) PM2.5

1. Maximum 24-hour concentration not to be exceeded more than once per year – 0.07 micrograms per cubic meter for Class I areas; 1.2 micrograms per cubic meter for all other areas.

2. Annual arithmetic mean – 0.06 micrograms per cubic meter for Class I areas; 0.3 micrograms per cubic meter for all other areas.

(c) through (e) renumbered (d) through (f) No change.

(277) through (332) Renumbered (284) through (339) No change.

Rulemaking 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, 7-16-07, 3-16-08, 10-12-08, 6-29-09, 3-11-10, 6-29-11,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Michael P. Halpin, P.E., Director, Division of Air Resource Management

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 24, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 17, 2010