The proposed rule development would amend the department’s prevention-of-significant-deterioration (PSD) air permitting rule consistent with recent revisions to U.S. Environmental Protection Agency (EPA) regulations. In addition, the department is ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-212.400: Prevention of Significant Deterioration (PSD)
62-212.720: Actuals Plantwide Applicability Limits (PALs).
PURPOSE AND EFFECT: The proposed rule development would amend the department’s prevention-of-significant-deterioration (PSD) air permitting rule consistent with recent revisions to U.S. Environmental Protection Agency (EPA) regulations. In addition, the department is proposing to clarify that, in providing for public participation in the PSD permitting process, applicable state administrative procedures are followed rather than federal procedures, and that, in applying the provisions of 40 CFR 52.21 cited from within the department’s PSD and plantwide applicability limit (PAL) permitting rules, the term “Administrator” shall mean “Department.”
SUBJECT AREA TO BE ADDRESSED: The proposed rule amendments involve the department’s PSD and PAL air permitting programs.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, May 25, 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mr. Larry George at [phone] or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

62-212.400 Prevention of Significant Deterioration (PSD).

(1) General Provisions Prohibitions.

(a) through (b) No change.

(c) For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40 CFR 52.21 cited herein, shall mean “Department.”

(2) No change.

(3) Exemptions.

(a) through (d) No change.

(e) The requirements of subsection 62-212.400(7), F.A.C., as they relate to monitoring for a particular pollutant shall not apply if:

1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the amounts listed at 40 CFR 52.21 (i)(5), adopted by reference at Rule 62-204.800, F.A.C., specifically the following amounts:

a. through d. No change.

e. Ozone – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis including the gathering of ambient air quality data;

f. through k. No change.

2. No change.

(4) through (10) No change.

(11) Public Participation. No permit shall be issued until the applicant and Department have complied with all applicable public notice and participation provisions of 40 CFR 52.21(q), adopted by reference at Rule 62-204.800, and Rules 62-210.350 and 62-110.106, F.A.C. In complying with the requirements of 40 CFR 52.21(q), the Department shall follow the procedures of Rules 62-210.350 and 62-110.106, F.A.C., in lieu of the procedures of 40 CFR Part 124.

(12) through (13) No change.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.500, Amended 2-2-93, Formerly 17-212.400, Amended 11-23-94, 1-1-96, 3-13-96, 2-5-98, 8-15-99, 2-2-06,_________.

 

62-212.720 Actuals Plantwide Applicability Limits (PALs).

(1) No change.

(2) Definitions. The definitions of 40 CFR 52.21 (aa)(2), adopted by reference in Rule 62-204.800, F.A.C., shall apply to PAL permitting processes and PAL permits except the “PAL permit” shall mean the permit specified in subsection 62-212.720(1), F.A.C., and except that “significant” and “emissions unit” shall mean “significant emissions rate” and “emissions unit” as defined in Rule 62-210.200, F.A.C.  For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40 CFR 52.21 cited herein, shall mean “Department.”

(3) through (7) No change.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-06, Amended________.