The proposed rule amendments eliminate obsolete language relating to ozone nonattainment areas. Florida currently has no ozone nonattainment areas.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-296.412: Dry Cleaning Facilities
62-296.418: Bulk Gasoline Plants
62-296.500: Reasonably Available Control Technology (RACT) - Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx) Emitting Facilities

PURPOSE AND EFFECT: The proposed rule amendments eliminate obsolete language relating to ozone nonattainment areas. Florida currently has no ozone nonattainment areas.

SUMMARY: The proposed rule amendments update the department’s stationary-source air pollutant emission standards to eliminate obsolete language in three rule sections that makes the rules applicable in ozone nonattainment areas.

Rule 62-296.412, F.A.C., is referenced in several rules. The amendments will have no effect in the following referencing rules: Rules 62-204.220, 62-204.320, 62-210.100, 62-213.400, 62-213.412, 62-296.100, 62-296.700 and 62-296.712, F.A.C. The amendments will no longer refer to obsolete language in the following rules: Rules 62-210.200 and 62-213.300, F.A.C.

Rule 62-296.418, F.A.C., is also referenced in several rules. The amendments will have no effect in the following referencing rules: Rules 62-204.220, 62-204.320, 62-210.100, 62-210.300, 62-210.310, 62-213.400, 62-213.412 and 62-296.100, F.A.C. The amendments will no longer refer to obsolete language in the following rule: Rule 62-210.200, F.A.C.

Rule 62-296.500, F.A.C., is also referenced in several rules. The amendments will have no effect in the following referencing rules: Rules 62-204.200, 62-204.220, 62-204.320, 62-210.100, 62-210.300, 62-212.500, 62-213.400, 62-213.412, 62-296.100 and 62-296.570, F.A.C. The amendments will no longer refer to obsolete language in the following rule: Rule 62-210.200, 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: 403.061 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:

62-296.412 Dry Cleaning Facilities.

(1) through (3) No change.

(4) Petroleum solvent dry cleaning facilities, located in areas designated as ozone nonattainment or air quality maintenance areas for ozone under Rule 62-204.340, F.A.C., as defined in Chapter 62-275, F.A.C., (including the respective metropolitan statistical areas) and all such facilities located in ozone attainment areas, with solvent consumption equal to or greater than 9,750 and 15,000 gallons per year, respectively, shall comply with the following:

(a) through (d) No change.

(5) No change.

Rulemaking Specific Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History– Formerly 17-2.600(12), 17-296.412, Amended 11-23-94, 4-18-95, 1-1-96, 3-13-96, 6-25-96, 10-7-96,_________.

 

62-296.418 Bulk Gasoline Plants.

(1) The owner or operator of a bulk gasoline plant that has begun operation prior to August 1, 2007, is located in an area designated as an a nonattainment area or air quality maintenance area for ozone under Rule 62-204.340, F.A.C., and has an average annual daily throughput of more than 2,000 gallons (7,570 liters) shall comply with the following requirements.

(a) through (b) No change.

(2) No change.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 5-9-07, Amended _________.

 

62-296.500 Reasonably Available Control Technology (RACT) – Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx) Emitting Facilities.

(1) Applicability.

(a) The specific emission limiting standards and other requirements of Rules 62-296.500 through 62-296.516, F.A.C., shall apply to existing VOC-emitting facilities in areas all designated as ozone nonattainment and air quality maintenance areas for ozone under Rule 62-204.340, F.A.C. In addition, the emission limiting standards of these rules shall apply to new and modified VOC-emitting facilities in areas all designated as ozone nonattainment and air quality maintenance areas for ozone under Rule 62-204.340, F.A.C., except those new and modified VOC-emitting facilities which have been or would be subject to review pursuant to 40 C.F.R. § 52.21 or Rule 17-2.17 (repealed), 17-2.500 (transferred), 17-2.510 (transferred), 62-212.400 or 62-212.500, F.A.C.

(b) No change.

(2) through (6) No change.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)-(1)(f), Amended 2-2-93, 3-17-94, Formerly 17-296.500, Amended 11-23-94, 1-1-96,_______.

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