The proposed rule amendments to Chapter 62-296, F.A.C., clarify that stationary sources of air pollutant emissions must comply with any applicable EPA regulations at 40 CFR 60, 61, 63, and 65 that have been adopted by reference; revise language for ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-296.100: Purpose and Scope
62-296.320: General Pollutant Emission Limiting Standards
62-296.470: Implementation of Federal Clean Air Interstate Rule
62-296.508: Petroleum Liquid Storage

PURPOSE AND EFFECT: The proposed rule amendments to Chapter 62-296, F.A.C., clarify that stationary sources of air pollutant emissions must comply with any applicable EPA regulations at 40 CFR 60, 61, 63, and 65 that have been adopted by reference; revise language for consistency with open burning rule language in Chapter 62-256, F.A.C.; correct the process weight table equation to clearly show exponents; revise language in Rule 62-296.470, F.A.C., to clarify how state and federal definitions are used in the rule; and revise the rule for internal floating roof petroleum liquid storage tanks to remove an erroneous test method reference.

SUMMARY: The proposed rule amendments make corrective and clarifying changes to air emission standards for stationary sources.

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, 403.087, 403.0872 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 RULES IS: Ms. Terri Long at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-296.100 Purpose and Scope.

(1) The Department of Environmental Protection adopts this chapter to establish emission limiting standards and compliance requirements for stationary sources of air pollutant emissions pollution.

(2) The chapter includes emission limitations for specific categories of facilities and emissions units, and it establishes reasonably available control technology requirements. Where work practice standards, including requirements for specific types of pollution control equipment, are provided for in this chapter, such standards shall be of the same force and effect as emission limiting standards. The emission limiting and work practice standards of Rule 62-296.320, F.A.C., and Rules 62-296.401 through 62-296.480 62-296.417, F.A.C., are applicable statewide. The reasonably available control technology requirements are established for specific areas of the state as set forth in Rules 62-296.500, 62-296.600, and 62-296.700, F.A.C.

(3) A facility or emissions unit subject to any standard or requirement of 40 C.F.R. Part 60, 61, 63 or 65, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall comply with such standard or requirement. Nothing in this chapter shall relieve a facility or emissions unit from complying with such standard or requirement, provided, however, that where a facility or emissions unit is subject to a standard established in this chapter, such standard shall also apply. Standards and requirements for any “new” facility or emissions unit shall be the federal standards of performance for new stationary sources adopted by reference at Rule 62-204.800(7), F.A.C., unless a different and more stringent standard is established in Rules 62-296.401 through 62-296.417, F.A.C. In addition, reasonably available control technology requirements are established for specific areas of the state as set forth in Rules 62-296.500, .600, and .700, F.A.C.

(4) Words and phrases used in this chapter, unless clearly indicated otherwise, are defined at Rule 62-210.200, F.A.C.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Amended 3-13-96,________.

 

62-296.320 General Pollutant Emission Limiting Standards.

(1) through (2) No change.

(3) Permitted Industrial, Commercial, and Municipal Open Burning Prohibited. Open burning in connection with industrial, commercial, institutional, or governmental municipal operations is allowed only as provided at Chapter 62-256, F.A.C. or prohibited, except when:

(a) Open burning is determined by the Department to be the only available method of disposal feasible method of operation and is authorized by an air permit issued pursuant to Chapter 62-210 or 62-213, F.A.C.; and or

(b) Such open burning does not involve any material prohibited from being burned at Rule 62-256.300, F.A.C. An emergency exists which requires immediate action to protect human health and safety; or

(c) A county or municipality would use a portable air curtain incinerator to burn yard trash generated by a hurricane, tornado, fire or other disaster and the air curtain incinerator would otherwise be operated in accordance with the permitting exemption criteria of Rule 62-210.300(3), F.A.C.

(4) General Particulate Emission Limiting Standards. The following emission limiting standards shall apply to emissions units of particulate matter not subject to a particulate emission limit or opacity limit set forth in or established elsewhere in this chapter.

(a) Process Weight Table.

1. No change.

2. Particulate Matter Emissions Standard – No person shall cause, let, permit, suffer or allow the emission of particulate matter through a stack or vent, from any emissions unit subject to this rule in total quantities in excess of the amount shown in Table 296.320-1. Interpolation of the data in Table 296.320-1 for the process weight rates up to 30 tons per hour shall be accomplished by use of the equation: E = 3.59P0.62 0.62, where P is less than or equal to 30 tons per hour. Interpolation and extrapolation of the data for process weight rates in excess of 30 tons per hour shall be accomplished by use of the equation: E = 17.31P0.16 0.16, where P is greater than 30 tons per hour. In both equations: E = emissions in pounds per hour and P = process weight rate in tons per hour.

Table 296.320-1 No change.

3. No change.

(b) through (c) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.620, 17-296.320, Amended 1-1-96, Amended 3-13-96,________.

 

62-296.470 Implementation of Federal Clean Air Interstate Rule.

(1) Definitions and Provisions Adopted by Reference.

(a) All provisions of 40 C.F.R. Part 96 cited within this rule are adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(b) For purposes of subsection 62-296.470(2), F.A.C. this rule, the terms “CAIR,” “CAIR NOx allowance,” “CAIR NOx Annual Trading Program,” “CAIR NOx Ozone Season allowance,” “CAIR NOx Ozone Season Trading Program,” “CAIR NOx Ozone Season unit,” “CAIR NOx unit,” “CAIR SO2 allowance,” “CAIR SO2 Trading Program,” and “CAIR source,” and “CAIR unit,” shall have the meanings given at Rule 62-210.200, F.A.C. All provisions of 40 C.F.R. Part 96 cited within this rule are adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(c) Notwithstanding the first sentence of this paragraph, Ffor purposes of the verbatim application of the cited subparts of 40 C.F.R. Part 96, as modified by the substitute language set forth in this rule, the definitions contained within 40 C.F.R. Part 96, Subparts AA, AAA, and AAAA, shall apply, with the understanding that, where context dictates, the term “permitting authority” shall mean the Department, the term “State” shall mean the State of Florida, and the phrase “permitting authority’s title V operating permits regulations” shall mean Chapter 62-213, F.A.C. When used in the 40 C.F.R. Part 96 substitute language set forth in this rule, and the terms “best available control technology (BACT)” and “biomass” shall have the meanings given at Rule 62-210.200, F.A.C.

(2) Orders.

(a) Prior to submitting any CAIR NOx allowance allocations to the Administrator pursuant to 40 C.F.R. 96.141(a), (b), or (c), or 40 C.F.R. 96.143, the Department shall issue an administrative order pursuant to Chapter 120, F.S., to all CAIR NOx sources giving notice and opportunity for hearing with regard to the amount of CAIR NOx allowances the Department intends to submit to the Administrator for each CAIR NOx unit.

(b) Prior to submitting any CAIR NOx Ozone Season allowance allocations to the Administrator pursuant to 40 C.F.R. 96.341(a), (b), or (c), the Department shall issue an administrative order to all CAIR NOx sources giving notice and opportunity for hearing with regard to the amount of CAIR NOx Ozone Season allowances the Department intends to submit to the Administrator for each CAIR NOx Ozone Season unit.

(3) through (5) No change.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 9-4-06, Amended 4-1-07,________.

 

62-296.508 Petroleum Liquid Storage.

(1) through (2) No change.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Internal Floating Roof and Roof Seals. The test method for volatile organic compounds shall be EPA Method 21 and p. 6-2 of EPA 450/2-77-036, incorporated and adopted by reference in Chapter 62-297, F.A.C.

(b) through (c) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)8., 17-296.508, Amended 11-23-94, 1-1-96,________.

 

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: 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