The proposed rule (OGC No. 20-0097) amends Rule 62-210.700, F.A.C., to change the May 22, 2020 sunset date for startup, shutdown and malfunction in subsection 62-210.700(6), F.A.C., to May 22, 2022. A Notice of Rule Development for Rule 62-210.700, ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Air Resource Management

RULE NO.:RULE TITLE:

62-210.700Excess Emissions

PURPOSE AND EFFECT: The proposed rule (OGC No. 20-0097) amends Rule 62-210.700, F.A.C., to change the May 22, 2020 sunset date for startup, shutdown and malfunction in subsection 62-210.700(6), F.A.C., to May 22, 2022. A Notice of Rule Development for Rule 62-210.700, F.A.C., was published on November 14, 2019, under OGC No. 19-1187. That rulemaking package was divided into two rulemaking packages to ensure that Rule 62-210.700, F.A.C., is completed before the sunset date. The other rule sections under OGC No. 19-1187 will be completed in a separate Notice of Proposed Rule.

SUMMARY: The proposed rule addresses the Excess Emissions policy to extend the sunset date.

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 COST: The agency has determined that amendments of this rule will not have an adverse impact on small business or likely increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A statement of estimated regulatory costs (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: The Department has determined that the amendments to this rule will not increase regulatory costs for any entity because it merely delays the sunset date by 18 months. Any person who wishes to 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: 403.021, 403.031, 403.061, 403.087, FS.

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, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400. Telephone: [phone].  E-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-210.700 Excess Emissions.

(1) through (5) No change.

(6) After May 22, 2022 2020, 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) No change.

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,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Hastings Read, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2020

DATE OF NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2019