The purpose of this Notice of Proposed Rule (NOPR) is to revise Rule 62-210.700, F.A.C., to extend the sunset date of the excess emissions rule and make a correction to delete duplicative language in Rule 62-210.310, F.A.C.....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-210.310Air General Permits

62-210.700Excess Emissions

PURPOSE AND EFFECT: The purpose of this Notice of Proposed Rule (NOPR) is to revise Rule 62-210.700, F.A.C., to extend the sunset date of the excess emissions rule and make a correction to delete duplicative language in Rule 62-210.310, F.A.C.

SUMMARY: The proposed rule will amend the rule by deleting duplicative language in sub-subparagraph 62-210.310(4)(g)3.c., F.A.C. The deleted provision is identical to sub-subparagraph 62-210.310(4)(g)3.d., F.A.C. The proposed rule will also amend the sunset date for startup, shutdown, and malfunction provisions in Rule 62-210.700, F.A.C., as part of the Department’s response to the Environmental Protection Agency’s Startup, Shutdown, and Malfunction State Implementation Plan (SIP) Call.

OTHER RULES INCORPORATING RULE 62-210.310, F.A.C: 62-210.300, 62-213.300, 62-296.500, and 62-297.310, F.A.C.

EFFECT ON THOSE OTHER RULES: There will be no effect on other rules.

OTHER RULES INCORPORATING RULE 62-210.700, F.A.C.: 62-110.107, 62-212.720, 62-213.440, 62-296.401, 62-296.404, 62-296.570, 62-296.702, 62-297.310, F.A.C.

EFFECT ON THOSE OTHER RULES: There will be no effect on other rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: revision of these rules will not have an adverse impact or increase regulatory costs on any entity because the revision to the sunset date does not impose new regulatory requirements.

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, F.S.

LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087, 403.814, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Hastings Read, 2600 Blair Stone Rd., MS 5500, Tallahassee, FL, 32399-2400, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-210.310 Air General Permits.

(1) through (3) No change.

(4) Air General Permits for Facilities Claiming Conditional Exemption from Title V Air Permitting.

(a) through (f) No change.

(g) Air General Permit for Facilities Comprising Asphalt Concrete Plants.

1. through 2. No change.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions:

a. through b. No change.

c. The particulate matter (PM) emissions shall not exceed 0.04 grains per dry standard cubic foot averaged over a three-hour period. If the facility is subject to 40 C.F.R. Part 60, Subpart I, as adopted and incorporated by reference in Rule 62-204.800, F.A.C., the owner or operator shall comply with all limitations and requirements of Subpart I.

d. through i. No change.

4. through 6. No change.

(5) No change.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 1-10-07, Amended 5-9-07, 10-12-08, 6-29-11, 4-26-17, 7-3-18, 9-29-20,_______.

 

62-210.700 Excess Emissions.

(1) through (5) No change.

(6) After November 22, 2023 May 22, 2022, subsections 62-210.700(1) and (2), F.A.C., shall not apply to:

(a) Emission limits in Chapter 62-296, F.A.C., that have been or that become incorporated into the State Implementation Plan for the State of Florida, identified in 40 C.F.R. §52.520; and,

(b) Unit-specific emission limits that have been or that become incorporated into the State Implementation Plan for the State of Florida, identified in 40 C.F.R. §52.520.

(7) Subsections 62-210.700(1) and (2), F.A.C., shall not apply to unit-specific emission limits established after October 23, 2016, pursuant to Rules 62-212.400 and 62-212.500, F.A.C.

Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.250, 17-210.700, Amended 11-23-94, 10-23-16, 4-4-18, 4-30-20,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hastings Read

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Shawn Hamilton

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 1/19/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/04/2021