The proposed rule amendments delete definitions and remove language on department forms related to the vacated federal Clean Air Mercury Rule (CAMR). The amendments also reinstate the Acid Rain Phase II NOx Compliance Plan form, which was ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-210.200: Definitions
62-210.900: Forms and Instructions

PURPOSE AND EFFECT: The proposed rule amendments delete definitions and remove language on department forms related to the vacated federal Clean Air Mercury Rule (CAMR). The amendments also reinstate the Acid Rain Phase II NOx Compliance Plan form, which was inadvertently deleted in a previous rulemaking.

SUMMARY: The proposed rule updates the department’s air regulatory requirements for electric power plants resulting from discontinuance of the federal mercury emissions trading program (Hg Budget Program) and the need to reinstate a form used by the department in implementing the federal Acid Rain Program.

Rule 62-210.200, F.A.C., is referenced by a number of other rules. The amendments will have no effect in the following referencing rules: Rules 62-4.050, 62-4.510, 62-204.200, 62-210.220, 62-210.300, 62-210.340. 62-210.370, 62-212.100, 62-212.500, 62-212.720, 62-213.202, 62-213.300, 62-213400, 62-213.410, 62-213.412, 62-213.420, 62-213.440, 62-213.450, 62-214.100, 62-214.370, 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 will cause the following referencing rules to no longer reference any CAMR requirements: Rules 62-213.100 and 62-213.420, F.A.C.

Rule 62-210.900, F.A.C., is also referenced by a number of other rules The amendments will have no effect in the following referencing rules: Rules 62-4.120, 62-4.510, 62-210.200, 62-210.300, 62-210.310, 62-210.370, 62-212.100, 62-212.720, 62-213.405, 62-213.420, 63-213.450, 62-214.340, and 62-214.370, F.A.C. The amendments will cause the following referencing rules to no longer reference any CAMR requirements: Rules 62-213.405, 62-213.413, 62-213.415, 62-213.420, 62-213.430, 62-214.320, and 62-214.360, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.

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: 4403.061 FS.
LAW IMPLEMENTED: 403.061 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 28, 2010, 10:00 a.m.

PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Director’s 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 RULES IS: Ms. Terri Long at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULES 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 the context clearly indicates otherwise, have the following meanings:

(1) through (24) No change.

(25) “Alternate Designated Representative” –

(a) through (b) No change.

(c) For the purposes of the Hg Budget Trading Program, alternate designated representative shall mean “alternate Hg designated representative” as defined in 40 C.F.R. § 60.4102, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(26) through (88) No change.

(89) “Commence Operation” –

(a) through (b) No change.

(c) For the purposes of the Hg Budget Trading Program, commence operation shall mean “commence operation” as defined in 40 C.F.R. § 60.4102, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(c)(d) Otherwise, to set into operation any emissions unit for any purpose.

(90) through (112) No change.

(113) “Designated Representative” –

(a) through (b) No change.

(c) For the purposes of the Hg Budget Trading Program, designated representative shall mean “Hg designated representative” as defined in 40 C.F.R. § 60.4102, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(114) through (156) No change.

(157) “Hg” – The regulated air pollutant mercury.

(158) “Hg Allowance” – A limited authorization issued by the Department to emit one ounce of mercury during a control period of the specified calendar year for which the authorization is allocated, or of any calendar year thereafter, under the Hg Budget Trading Program.

(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.

(160) “Hg Budget Source” – A facility that includes one or more Hg Budget units.

(161) “Hg Budget Trading Program” – The program implemented at Rule 62-296.480, F.A.C., which, upon approval by the U.S. Environmental Protection Agency, requires Hg Budget units in Florida to participate in the multi-state air pollution control and emission reduction program administered by the U.S. Environmental Protection Agency pursuant to 40 C.F.R. Part 60, Subpart HHHH, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(162) “Hg Budget Unit” – A unit that is subject to the Hg Budget Trading Program pursuant to 40 C.F.R. § 60.4104, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(163) through (336) renumbered (157) through (330) 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,_________.

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_________3-16-08).

(a) No change.

1. through 2. No change.

3. Phase II NOx Compliance Plan, Form and Instructions (DEP Form No. 62-210.900(1)(a)3., Effective________.).

(b) No change.

(c) Hg Budget Part, Form and Instructions (DEP Form No. 62-210.900(1)(c), Effective 3-16-08).

(c)(d) Acid Rain, and CAIR, and Hg Budget Retired Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(c)(d), Effective_________.3-16-08).

(2) through (7) No change.

Rulemaking Specific 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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Michael W. Sole, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 19, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 9, 2009