The proposed rulemaking involves amendments to Rule 62-204.800, F.A.C., to incorporate the May 10, 2006, federal changes to the air pollution regulatory requirements for large municipal waste combustors.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-204.800: Federal Regulations Adopted by Reference
PURPOSE AND EFFECT: The proposed rulemaking involves amendments to Rule 62-204.800, F.A.C., to incorporate the May 10, 2006, federal changes to the air pollution regulatory requirements for large municipal waste combustors.
SUMMARY: EPA regulations at 40 CFR Part 60, Subparts Eb and Cb, are adopted and incorporated by reference, and existing rule language is updated accordingly.
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, F.S.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, F.S.
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, May 3, 2007, 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 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: Mr. John Glunn at Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS-5500, Tallahassee, Florida 32399-2400, or [e-mail], phone [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

62-204.800 Federal Regulations Adopted by Reference.

(1) through (7) No change.

(8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.

(a) Definitions. No change.

(b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40 CFR Part 60, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. through 6. No change.

7. 40 CFR 60, Subpart Eb, Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994, or for Which Modification or Reconstruction is Commenced After June 19, 1996; amended July 12, 2001, at 66 FR 36473; amended November 16, 2001, at 66 FR 57824; amended May 10, 2006, at 71 FR 27324. Any municipal waste combustor plant which contains a municipal waste combustor unit subject to 40 CFR 60, Subpart Eb, is subject to the permitting requirements of Chapter 62-213, F.A.C. Any municipal waste combustor plant subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 CFR 60, Subpart Eb, shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C., ninety days before expiration of the source’s construction permit, but no later than 180 days after commencing operation.

       8. through 77. No change.

       (c) through (e) No change.

(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times.

(a) No change.

(b) Municipal Waste Combustors. 40 CFR 60, Subpart Cb, Emission Guidelines and Compliance Times for Large Municipal Waste Combustors That Are Constructed on or Before September 20, 1994, revised as of July 1, 2001, amended July 14, 2004, at 69 FR 42117; amended May 10, 2006, at 71 FR 27324; is hereby adopted and incorporated by reference, subject to the following provisions:

1. Applicability. The applicability of paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 CFR 60.32b.

2. Definitions. For purposes of paragraph 62-204.800(9)(b), F.A.C., the definitions in 40 CFR 60.31b 60.51b shall apply except for the term “municipal waste combustor plant” which shall have the same meaning as defined in 40 CFR 60.31b.

3. Emission Limiting Standards.

a. The emission limit for particulate matter shall be the same as set forth in 40 CFR 60.33b(a)(1)(i).

b. The opacity limit shall be the same as set forth in 40 CFR 60.33b(a)(1)(iii).

c. The emission limits for cadmium and lead shall be the same as set forth in 40 CFR 60.33b(a)(2)(i), (a)(2)(iii) and (a)(4).

d. The emission limit for mercury shall be the same as set forth in 40 CFR 60.33b(a)(3) except that, where applicable, the emission limiting standards of Rule 62-296.416, F.A.C., also shall apply.

e. The emission limit for sulfur dioxide shall be the same as set forth in 40 CFR 60.33b(b)(1)(i) and (b)(3)(i).

f. The emission limit for hydrogen chloride shall be the same as set forth in 40 CFR 60.33b(b)(2)(i) and (b)(3)(ii).

g. The emission limit for total mass dioxin/furans (tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) shall be the same as set forth in 40 CFR 60.33b(c)(1)(i), and (c)(1)(ii), and (c)(1)(iii).

h. The emission limit for nitrogen oxides shall be the same as set forth in 40 CFR 60, Subpart Cb, Table 1, or 40 CFR 60.33b(d)(3), as applicable 40 CFR 60.33b(d), (d)(1) and (d)(3). Emissions averaging pursuant to 40 CFR 60.33b(d)(1) shall be allowed. 40 CFR 60.33b(d)(2) shall not apply.

i. The emission limit for carbon monoxide shall be the same as set forth in 40 CFR 60, Subpart Cb, Table 3 40 CFR 60.33b(d).

4. through 6. No change.

7. Compliance and Performance Testing.

a. The compliance and performance testing requirements applicable to each municipal waste combustor unit subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 CFR 60.58b, except as provided for under 40 CFR 60.24(b)(2) and subparagraph 62-204.800(9)(b)7.b., F.A.C.

b. The alternative performance testing schedule for dioxins/furans specified in 40 CFR 60.58b(g)(5)(iii) shall apply to municipal waste combustor plants that achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter, corrected to 7 percent oxygen.

8. No change.

      (c) through (h) No change.

      (10) through (25) No change.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98, 10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 10-1-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07,              .

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lawrence A. George, Administrator, Office of Policy Analysis and Program Management, Division of Air Resource Management.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi Drew, Deputy Secretary.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 6, 2007