The proposed rule amendments to Chapter 62-204, F.A.C., revise the definition of “PM10” to correct an erroneous reference to EPA rules; update the State Implementation Plan (SIP) processing rule to simply reference the provisions of 40 CFR Part 51, ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-204.200: Definitions
62-204.400: Public Notice and Hearing Requirements for State Implementation Plan Revisions
62-204.800: Federal Regulations Adopted by Reference
PURPOSE AND EFFECT: The proposed rule amendments to Chapter 62-204, F.A.C., revise the definition of “PM10” to correct an erroneous reference to EPA rules; update the State Implementation Plan (SIP) processing rule to simply reference the provisions of 40 CFR Part 51, Subpart F; and add clarifying language to the adoption by reference of EPA emissions test method 23.
SUMMARY: The proposed rule amendments make corrective and clarifying changes to the department’s general provisions for air pollution control and EPA test methods adopted by reference.
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 FS.
LAW IMPLEMENTED: 403.031, 403.061 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: Tuesday, July 22, 2008, 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: Ms. Terri Long at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-204.200 Definitions.

The following words and phrases when used in this chapter, unless content clearly indicates otherwise, have the following meanings:

(1) through (26) No change.

(27) “PM10”.

(a) No change.

(b) With respect to emissions, PM10 means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to the atmosphere as measured by an applicable reference method or by an equivalent or alternative method specified in 40 C.F.R. Part 51, Appendix M 60, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(28) through (30) No change.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 3-13-96, 2-12-06,________.

 

62-204.400 Public Notice and Hearing Requirements for State Implementation Plan Revisions.

(1) The Department shall comply with the public notice and hearing requirements of 40 CFR Part 51, Subpart F, adopted and incorporated by reference at Rule 62-204.800, F.A.C., hold a public hearing prior to submission adoption of any proposed revision to the Florida State Implementation Plan (SIP) to the U.S. Environmental Protection Agency.

(a) In addition to the notice required by Section 120.54, F.S., for rulemaking, the Department shall publish notice of the hearing by prominent advertisement in a newspaper of general circulation in each air quality control region affected at least 30 days prior to the hearing. The notice shall specify the date, time, and place of the hearing and state that a copy of the proposed SIP revision is available for public inspection in each affected region.

(b) The Department shall also furnish a copy of the notice and proposed SIP revision to:

1. The Region IV office of the EPA;

2. Each local air pollution control agency in an affected region; and

3. In the case of an interstate air quality control region, each other state included in whole or in part in the region.

(2) A record of the public hearing, including a list of witnesses together with the text of each presentation, shall be made available by the Department to the Administrator upon his/her request.

(3) The Department shall include with each proposed SIP revision submitted to the EPA a certification that the hearing was held in accordance with the notice required by paragraph 62-204.400(1)(a), F.A.C.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended ________.

 

62-204.800 Federal Regulations Adopted by Reference.

All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides.

(1) through (7) No change.

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

(a) through (d) No change.

(e) Appendices Adopted. The following appendices of 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 C.F.R. CFR 60, Appendix A-7, Test Methods 19 through 25E; amended May 15, 2006, at 71 FR 28081; amended September 21, 2006, at 71 FR 55119; amended September 7, 2007, at 72 FR 51365, except that in Method 23, the toluene rinse concentrate may be added to the acetone and methylene chloride concentrate, the filter, and the resin in the Soxhlet apparatus specified at section 5.1.4 of the method prior to analysis, in lieu of separate analysis of the toluene rinse extract pursuant to section 5.1.6 of the method.

8. through 12. No change

(9) through (26) 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, 4-2-07, 5-31-07, 7-2-07, 10-1-07, 2-1-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ms. Mimi Drew, Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 4, 2008