The proposed rule involves amendments to Chapter 62-210, F.A.C., to clarify and update rules that address requirements for bulk gasoline plants. The bulk gasoline plant permitting exemption is removed for new bulk gasoline plants. The requirements ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-210.200: Definitions
62-210.300: Permits Required
62-210.310: Air General Permits
62-210.920: Registration Forms for Air General Permits
PURPOSE AND EFFECT: The proposed rule involves amendments to Chapter 62-210, F.A.C., to clarify and update rules that address requirements for bulk gasoline plants. The bulk gasoline plant permitting exemption is removed for new bulk gasoline plants. The requirements for operation under the bulk gasoline air general permit are amended to include submerged filling for existing plants, where currently required, and Stage I vapor recovery for new plants statewide. The Bulk Gasoline Plant Air General Permit Registration Form is amended to incorporate these changes. This rulemaking is being conducted in conjunction with proposed amendments to Chapters 62-252 and 62-296, F.A.C., on the subject of gasoline vapor control.
SUMMARY: The proposed rule amendments revise and update requirements for bulk gasoline plant permitting exemptions and for the use of the Bulk Gasoline Plant Air General Permit.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 403.061, 403.8055 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.814 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: Wednesday, April 11, 2007, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors 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 hours 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 RULE IS: Ms. Terri Long at [e-mail], phone [phone]

THE FULL TEXT OF THE PROPOSED RULE 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 content clearly indicates otherwise, have the following meanings:

(1) through (49) No change.

(50) “Bulk Gasoline Plant” – Any gasoline storage and distribution facility that which receives gasoline from bulk terminals by pipeline, ship, barge, or gasoline cargo tank trailer transport, stores it in tanks, and subsequently delivers dispenses it to resellers, farms, businesses, service stations, or other end users, and that which has an average annual average daily throughput of less than 20,000 gallons (75,700 liters), but more than 2000 gallons (7,570 liters) calculated on the basis of the number of calendar days that the facility receives or distributes gasoline of actual operation.

(51) “Bulk Gasoline Terminal” – Any gasoline storage and distribution facility that which receives gasoline from its supply sources primarily by pipeline, ship, or barge, or gasoline cargo tank and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by tanker truck or trailer, and that has an annual average daily throughput of equal to or more than 20,000 gallons (75,700 liters) of gasoline, calculated on the basis of the number of calendar days that the facility receives or distributes gasoline of actual operation.

(52) through (149) No change.

(150) “Gasoline Cargo Tank” – A delivery tanker truck, trailer, or railcar that is loading or unloading gasoline.

(151)(150) “Gasoline Dispensing Facility” – Any stationary facility that site where gasoline is dispensesd gasoline directly into the fuel tank of a to motor vehicle gasoline tanks from stationary storage tanks.

(151) through (294) renumbered (152) through (295) No change.

(296)(295) “Submerged Filling” –  The filling of a gasoline cargo tank or a stationary storage tank through an internal fill pipe whose discharge is no more than six (6) inches from the bottom of the tank.  Bottom filling of gasoline cargo tanks or stationary storage tanks is included in this definition.

(a) Tank Trucks: Filling with a drop tube which extends within 6 inches of the bottom of the compartment or through a nozzle installed at or within 6 inches of the bottom.

(b) Service Station Underground Tanks: Filling with a drop tube or pipe which extends to within 6 inches of the tank bottom.

(c) Terminal or Bulk Plant Storage Tanks: Filling through an outlet located in accordance with API standard 650 welded steel tanks for oil storage; section 3.6.3 Shell nozzles, or otherwise located near the tank bottom to minimize splash.

(296) through (333) renumbered (297) through (334) No change.

Specific 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,__________.

 

62-210.300 Permits Required.

(1) through (2) No change.

(3) No change.

(a) Categorical and Conditional Exemptions. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, the following facilities, emissions units, and pollutant-emitting activities shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C. The exemptions listed at subparagraphs 62-210.300(3)(a)23. through 36., F.A.C., are valid only if the owner or operator ensures that the conditions of exemption are met.

1. through 29. No change.

30. Bulk gasoline plants, provided:

a. The facility receives and distributes only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and kerosene;

b. The total storage capacity for gasoline at the facility does not exceed 100,000 gallons;

c. The facility shall not exceed a throughput rate (receive and distribute) of 1.3 million gallons of gasoline in any consecutive twelve (12) months; and

d. The facility is not subject to Rule 62-296.418, F.A.C. any unit-specific applicable requirement; and

e. The facility is not subject to any volatile organic compound Reasonably Available Control Technology (RACT) requirement of Chapter 62-296, F.A.C.

31. through 37. No change.

(b) through (c) No change.

(4) through (7) No change.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–Formerly 17-2.210, Amended 11-28-93, Formerly 17-210.300, Amended 11-23-94, 4-2-95, 4-18-95, 10-16-95, 1-2-96, 3-13-96, 3-21-96, 5-13-96, 8-15-96, 10-7-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 6-21-01, 7-6-05, 2-2-06, 1-10-07,________.

 

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) Air General Permit for Facilities Comprising a Bulk Gasoline Plants.

1. A facility comprising a one (1) or more bulk gasoline plants shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific applicable requirement other than any applicable provisions of Rule 62-296.418, F.A.C.

2. 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. The facility shall receive and distribute only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and kerosene.

b. The total storage capacity for gasoline at the facility shall not exceed 150,000 gallons.

c. The facility shall not exceed a throughput rate (receive and distribute) of 6.0 million gallons of gasoline in any consecutive twelve (12) months.

d. The owner or operator shall maintain records to document the throughput rate of gasoline on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

e. The facility shall comply with all applicable provisions of Rule 62-296.418, F.A.C.

(b) through (f) No change.

(5) No change.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 1-10-07, Amended___________.

 

62-210.920 Registration Forms for Air General Permits.

The registration forms for use of air general permits provided at Rule 62-210.310, F.A.C., 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 the 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.

(1) Air General Permit Registration Forms for Facilities Claiming Conditional Exemption from Title V Air Permitting.

(a) Bulk Gasoline Plant Air General Permit Registration Form (DEP Form No. 62-210.920(1)(a), Effective ________ 1-10-07).

(b) through (f) No change.

(2) No change.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 10-16-95, Amended 1-2-96, 3-21-96, 5-13-96, 8-15-96, 11-13-97, 5-25-98, 2-11-99, 6-21-01, 1-10-07,________.
 

NAME OF PERSON ORIGINATING PROPOSED RULE: Larry George
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Joseph Kahn
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 12, 2007