Department of Environmental Protection, Departmental

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:62-204.800

RULE TITLE:Federal Regulations Adopted by Reference

PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments (OGC 13-1269) update the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 C.F.R. Part 60 to incorporate requirements of the department's federally approved and delegated air pollution programs, specifically Part 60, Subpart DDDD, Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units, Reconsideration and Final Amendments, promulgated on February 7, 2013.  The rule establishes emission guidelines for Commercial and Industrial Solid Waste Incineration Units, establishes effective dates for the standards, and clarifies definitions, references, applicability, and compliance issues.

RULEMAKING AUTHORITY: 403.061, 403.8055 FS.

LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.0872, 403.8055 FS.

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Mr. John Glunn, Division of Air Resource Management, Department of Environmental Protection, MS 5500, 2600 Blair Stone Road, Tallahassee Florida 32399-2400,  e-mail [e-mail].

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE ENVIRONMENTAL REGULATION COMMISSION, ADMINISTRATIVE ASSISTANT, DEP, MS 35, 3900 COMMONWEALTH BLVD., TALLAHASSEE, FL 32399-3000. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

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) through (8) No change.

(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times.

(a) through (e) No change.

(f) Commercial and Industrial Solid Waste Incineration (CISWI) Units. 40 C.F.R. Part 60, Subpart DDDD, Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before June 4, 2010 November 30, 1999, revised as of July 1, 2009, amended February 7, 2013, at 78 FR 9112 (link), is hereby adopted and incorporated by reference subject to the following provisions:

1. Applicability. The applicability of paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.2550. Units exempted from the applicability of paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.2555  40 C.F.R. Part 60 Subpart DDDD. For the purposes of 40 C.F.R. § 60.2550, units that begin combusting solid waste that are not subject to 40 C.F.R. 60 Subpart CCCC are considered existing sources and must comply with paragraph 62-204.800(9)(f), F.A.C.

2. Increments of Progress. The requirements for meeting increments of progress and achieving final compliance applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2575 through 60.2615 Part 60, Subpart DDDD, provided that the final control plan shall be submitted no later than August 7, 2015 September 30, 2001, and the final compliance date is no later than February 7, 2018.

3. Waste Management Plan. The waste management plan requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2620 through 60.2630 Part 60, Subpart DDDD.

4. Operator Training and Qualification. The operator training and qualification requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2635 through 60.2665 Part 60, Subpart DDDD.

5. Emission Limitations and Operating Limits. The emission limitations and operating limits applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2670 through 60.2685 Part 60, Subpart DDDD.

6. Performance Testing. The performance testing requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2690 through 60.2695 Part 60 Subpart DDDD.

7. Initial Compliance Requirements. The initial compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2700 through 60.2706 Part 60, Subpart DDDD.

8. Continuous Compliance Requirements. The continuous compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2710 through 60.2725 Part 60, Subpart DDDD.

9. Monitoring. The monitoring requirements applicable to each CISWI unit subject to paragraph 62-204.800(8)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2730 through 60.2735 Part 60, Subpart DDDD.

10. Recordkeeping and Reporting Requirements. The recordkeeping and reporting requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2740 through 60.2800 Part 60, Subpart DDDD.

11. Title V Operating Permits. The Title V operating permit requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.2805 Part 60, Subpart DDDD. Any CISWI unit subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 C.F.R. Part 60, Subpart DDDD, shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C., no later than December 1, 2002.

12. Air Curtain Incinerators. Requirements applicable to each Air Curtain Incinerator subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2810 through 60.2870 Part 60, Subpart DDDD.

13. Definitions. The definitions applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §60.2875.  For purposes of paragraph 62-204.800(9)(f), F.A.C., the definition of the term administrator means the department, except that the EPA is the administrator for purposes of 40 C.F.R. § 60.2030(c).  The terms used but not defined in 40 C.F.R. Part 60, Subpart DDDD, have the meaning given to them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and CCCC.

(g) through (h) No change.

(10) through (27) No change.

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 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, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07, 4-2-07, 5-31-07, 7-2-07, 10-1-07, 2-1-08, 7-1-08, 10-1-08, 10-6-08, 12-1-08, 11-18-09, 6-11-10, 7-1-10, 10-1-10, 12-30-10, 12-1-11, 12-1-12, 5-22-13, 12-17-13,_________.