The purpose of the proposed rule development (OGC No. 12-1344) is to update Rule 62-210.200, F.A.C., to remove or revise obsolete definitions, correct alphabetic order of the definitions, and renumber the definitions to make it less burdensome for ...

NOTICE OF PROPOSED RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Air Resource Management

RULE NO.:RULE TITLE:

62-210.200Definitions

PURPOSE AND EFFECT: The purpose of the proposed rule development (OGC No. 12-1344) is to update Rule 62-210.200, F.A.C., to remove or revise obsolete definitions, correct alphabetic order of the definitions, and renumber the definitions to make it less burdensome for one to find the definition that is actually desired. Some definitions need to be revised to conform to federal definitions.

SUMMARY: Several defined terms in Rule 62-210.200, F.A.C., need to be deleted because the rules that referenced them have since been repealed or revised to no longer reference them, or a definition needs to be deleted because it is already defined in the single rule chapter that references it. Other definitions need to be merged into a single definition because they are duplicative of one another. Some definitions need to be revised to conform to federal definitions. Some existing definitions are out of alphabetic order and need to be deleted from their current spots in the rule and then added back in the correct order.

OTHER RULES INCORPORATING THIS RULE: 62-4.050; 62-110.104, 62-210.220; 62-210.300; 62-210.370; 62-212.500; 62-212.720; 62-213.202; 62-213.400; 62-213.410; 62-213.412; 62-213.420; 62-213.440; 62-214.100; 62-296.100; 62-296.340; 62-296.401; 62-296.417; 62-296.470; 62-296.480; 62-296.600; 62-555.320 and 62-701.200, F.A.C.

EFFECT ON THOSE OTHER RULES: The amendments to 62-210.200 will not have any effect on those rules cited above, however rule 62-110.104 will need to be amended to update proper citation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this rule will not have an impact on small business or likely increase directly or indirectly regulatory cost in excess of $200,000 in the aggregate within one year after implementation of the rule.  A SERC has not been prepared by the agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: these proposed amendments to definitions are for the purpose of cleaning up citations due to prior amendments to other rules and streamlining and merger of definitions that are duplicative and therefore the Department does not expect any adverse financial impact on regulated entities.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061, 403.8055 FS.

LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.0872, 403.8055 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Phillips, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400, telephone [phone], e-mail: [e-mail]

 

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 62-204, 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:

(1) “Acid Mist” – Liquid drops of any size of any acid including sulfuric acid and sulfur trioxide, hydrochloric acid, and nitric acid as measured by EPA test method 8, as described at 40 C.F.R. Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and listed at Rule 62-297.401, F.A.C.

(2) through (3) No change.

(4) “Acid Rain Compliance Schedule” – An enforceable sequence of actions, measures, or operations designed to achieve or maintain compliance, or correct noncompliance, with an applicable requirement of the Acid Rain Program, including any applicable Acid Rain Part permit requirement.

(5) “Acid Rain Emissions Limitation” – The EPA-established sulfur dioxide and nitrogen oxides emissions limitations under the Federal Acid Rain Program.

(6) through (9) renumbered (4) through (7) No change.

(10) “Acrylonitrile” – An organic chemical, formula C3H3N, used in the production of various resins, polymers and acrylic fibers. Synonyms for acrylonitrile are: 2-propenitrile, acrylon, acrylonitrile monomer, cyanoethylene, AN, VCN, and vinyl cyanide. The Chemical Abstract Service registration number is 107-13-1.

(11) through (12) renumbered (8) through (9) No change.

(13) “Adverse Impact on Visibility” – An impairment to visibility which interferes with the management, protection, preservation, or enjoyment of the visitor’s visual experience of a Federal Class I area. This determination shall be made during the permitting process, utilizing EPA-approved methods of visibility impairment analysis and taking into account such factors as the geographic extent, intensity, duration, frequency, and time of visibility impairments, and how these factors correlate with the time of visitor use of the Federal Class I area and the frequency and timing of natural conditions that reduce visibility.

(14) through (17) renumbered (10) through (13)No change.

(18) “Air Emissions Bubble” or “Bubble” – An air pollution control strategy wherein a facility complies with a multi-unit aggregate emissions limit or cap, in lieu of unit-specific limits, on a pollutant-specific basis for carbon monoxide, nitrogen oxides, sulfur dioxide, particulate matter, PM10, or volatile organic compounds (VOCs).

(19) through (21) renumbered (14) through (16) No change.

(22) “Air Pollution Control Equipment” – Equipment, including that used to separate entrained particulate matter or organic vapors from gases, gas separation equipment, thermal oxidation equipment, and chemical reaction/conversion equipment, which is designed and used to reduce the discharge of a specific air pollutant to the atmosphere.

(a) “Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant emissions from an emissions unit which alters the chemical composition of the pollutant flowing through the device.

(b) “Non-Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant emissions from an emissions unit which does not alter the chemical composition of the pollutant flowing through the device.

(23) through (24) renumbered (17) through (18) No change.

(25) “Alternate Designated Representative”

(a) For the purposes of the Acid Rain Program, alternate designated representative shall mean “alternate designated representative” as described in 40 CFR 72.22, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(b).For the purposes of the CAIR Program, alternate designated representative shall mean “alternate CAIR designated representative” as defined in 40 CFR 96.102, 96.202, or 96.302, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(26) “Alternative Control Techniques Document” or “ACT” – A guidance document issued by the U.S. Environmental Protection Agency under the Clean Air Act (42 U.S.C. s. 7511b) which identifies control alternatives for sources of volatile organic compounds (VOC) and nitrogen oxides (NOx) that emit more than 25 tons per year.

(19)(27) “Ambient Air Quality Standard” or “Ambient Standard” – A restriction establishedspecified at 40 C.F.R. Part 50, and monitored by the Department pursuant to 40 C.F.R. Part 53 and 58, all adopted and incorporated by reference at Rule 62-204.800, F.A.C., to limit the quantity or concentration of an air pollutant that may be allowed to exist in the ambient air for any specific period of time.

(a) “National Ambient Air Quality Standard” means an ambient standard established by EPA and specified at 40 C.F.R. Part 50, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(b) “Primary Standard” means an ambient standard established to protect public health.

(c) “Secondary Standard” means an ambient standard established to protect the public welfare including the protection of animal and plant life, property, visibility and atmospheric clarity, and the enjoyment of life and property.

(d) “State Ambient Air Quality Standard” means an ambient standard established or adopted by the Department.

(28) through (44) renumbered (20) through (36) No change.

(45) “Black Liquor Oxidation System” – The vessels used to oxidize, with air or oxygen, the black liquor, and associated storage tank(s).

(46) renumbered (37) No change.

(47) “Brown Stock Washer System” – Brown stock washers and associated knotters, vacuum pumps, and filtrate tanks used to wash the pulp following the digester system.

(48) “Bubble Baseline Emissions” or “Bubble Baseline” – For purposes of establishing an air emissions bubble, the sum of emissions of each pollutant from the emissions units included within the bubble, expressed both on a short-term and long-term basis.

(a) On a short-term basis, the bubble baseline shall be calculated by summing the allowable emissions of each unit after converting the allowable emissions to the equivalent pounds per hour.

(b) On a long-term basis the bubble baseline shall be calculated in tons per year by multiplying the allowable emissions times the actual capacity of each unit, actual capacity being determined as the average of the highest two out of the last five calendar years prior to the permit application for the bubble. For steam generating units, the actual capacity shall be expressed as million British Thermal Units per year.

(49) through (100) renumbered (38) through (89)No change.

(101) “Continuous Emissions Rate Monitoring System” or “CERMS” – The total equipment required for the determination and recording of the pollutant mass emissions rate in terms of mass per unit of time.

(102) through (103) renumbered (90) through - (91) No change.

(104) “Continuous Unloader” – A bulk materials unloading system that is normally installed at wharf or pier side. A typical system is essentially of enclosed construction, providing for dust abatement and weather tightness, utilizing screw conveyors, elevators, conveyor belt arrangements, or similar devices to facilitate basically uninterrupted discharge of materials from vessel cargo holds.

(92)(105) “Control Device” or “Control Equipment” – See “Air Pollution Control Equipment” above. Device or equipment, including that used to separate entrained particulate matter or organic vapors from gases, gas separation equipment, thermal oxidation equipment, and chemical reaction/conversion equipment, which is designed and used to reduce the discharge of a specific air pollutant to the atmosphere.

(a) “Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant emissions from an emissions unit which alters the chemical composition of the pollutant flowing through the device.

(b) “Non-Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant emissions from an emissions unit which does not alter the chemical composition of the pollutant flowing through the device.

(106) renumbered (93) No change.

(107) “Control Techniques Guidelines Document” or “CTG” – A guidance document issued by the U.S. Environmental Protection Agency under the Clean Air Act (42 U.S.C. s. 7511b) which defines reasonably available control technology (RACT) and presumptive RACT limits for a source category.

(108) through (111) renumbered (94) through (97) No change.

(112) “Delivery Vessel” – Tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities.

(113) renumbered (98) No change.

(99) “Designated Facility Plan” – Collectively, all plans and plan revisions of a state approved by the Administrator pursuant to Section 111(d) of the Clean Air Act. Unless otherwise stated, the term refers specifically to the Designated Facility Plan for the State of Florida, identified in 40 C.F.R. Part 62, Subpart K, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(100) “Designated Representative” –

(a) For the purposes of the Acid Rain Program, a responsible natural person authorized, by the owners and operators of an Acid Rain source and of all Acid Rain units at the source, in accordance with 40 C.F.R. Part 72, Subpart B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program.

(b) For the purposes of the CAIR Program, designated representative shall mean “CAIR designated representative” as defined in 40 CFR 96.102, 96.202, or 96.302, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(114) through (117) renumbered (101) through (104)No change.

(118) “Designated Facility Plan” – Collectively, all plans and plan revisions of a state approved by the Administrator pursuant to Section 111(d) of the Clean Air Act. Unless otherwise stated, the term refers specifically to the Designated Facility Plan for the State of Florida, identified in 40 C.F.R. Part 62, Subpart K, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(119) “Designated Representative”

(a) For the purposes of the Acid Rain Program, a responsible natural person authorized, by the owners and operators of an Acid Rain source and of all Acid Rain units at the source, in accordance with 40 C.F.R. Part 72, Subpart B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program.

(b) For the purposes of the CAIR Program, designated representative shall mean “CAIR designated representative” as defined in 40 CFR 96.102, 96.202, or 96.302, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(120) “Draft Acid Rain Part” – Means the version of the Acid Rain Part of a Title V source operation permit that the Department offers for public comment.

(121) renumbered (105) No change.

(122) “Electrical Power Plant” – Any electrical generating facility that uses any process or fuel and that is owned or operated by an electric utility and includes any associated facility that directly supports the operation of the electrical power plant.

(123) through (130) renumbered (106) through (113) No change.

(131) “Emulsified Asphalt” – An emulsion of asphalt cement and water which contains a small amount of an emulsifying agent; a heterogeneous system containing two normally immiscible phases (asphalt and water) in which the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase.

(132) through (140) renumbered (114) through (122) No change.

(123)(141) “Federally-Enforceable” – Pertaining to limitations and conditions which are enforceable by the Administrator, including any requirements developed pursuant to Title 40 of the Code of Federal Regulations, any requirements within the State Implementation Plan, and any requirements established pursuant to permits issued under:

(a) through (d) No change.

(142) through (166) renumbered (124) through (148) No change.

(167) “Indian Reservation” – Any federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress.

(168) through (171) renumbered (149) through (152) No change.

(172) “Isokinetic Sampling” or “Isokinetic Conditions” – Sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

(173) through (192) renumbered (153) through (172) No change.

(173)(193) “Major Source of Air Pollution,” “Major Source,” or “Title V Source” – A facility containing an emissions unit, or any group of emissions units, which is or includes any of the following:

(a) For pollutants other than radionuclides, any emissions unit or group of emissions units that emits or has the potential to emit, in the aggregate, 10 tons per year or more of any one hazardous air pollutant (HAP), 25 tons per year or more of any combination of HAPs, or any lesser quantity of a HAP as established through EPA rulemaking. Notwithstanding the preceding sentence, HAP emissions from any oil or gas exploration or production well (with its associated equipment) and HAP emissions from any pipeline compressor or pump station shall not be aggregated with HAP emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are Title V sources.

(b) An emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, that directly emits or has the potential to emit, 100 tons per year or more, except as otherwise provided for in 40 CFR 70 as adopted and incorporated by reference at Rule 62-204.800, F.A.C., of any regulated air pollutant. The fugitive emissions of an emissions unit or group of emissions units shall not be considered in determining whether it is a Title V source for purposes of this paragraph unless the emissions unit or group of emissions units belongs to one of the following categories:

1. through 27. No change.

(c) through (h) No change.

(194) through (199) renumbered (174) through (179) No change.

(180) “Method of Operation” – For purposes of the Title V source permitting program, a procedure to operate one or more specific emissions units within a Title V source in a particular manner which may affect air pollutant emissions.

(200) through (202) renumbered (181) through (183) No change.

(203) “Method of Operation” – For purposes of the Title V source permitting program, a procedure to operate one or more specific emissions units within a Title V source in a particular manner which may affect air pollutant emissions.

(204) through (205) renumbered (184) through (185) No change.

(206) “Molten Sulfur Storage and Handling Facility” A facility designed and utilized for unloading, transferring or storing elemental sulfur in liquid form from ships, barges, railcars, trucks or other methods of water or land transport to heated storage tanks.

(207) through (238) renumbered (186) through (217) No change.

(218)(239) “Petroleum Liquids” – Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean No. 2 through No. 6 fuel oils as specified in ASTM D 396, gas turbine fuel oils No. 2-GT through No. 4-GT as specified in ASTM D 2880, or diesel fuel oils No. 2-D and No. 4-D as specified in ASTM D 975, all of which are adopted and incorporated by reference at Rule 62-297.440, F.A.C.

(240) “Petroleum Refinery” – Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of crude oils, or through redistillation, cracking, extraction, or reforming of unfinished petroleum derivatives.

(241) through (255) renumbered (219) through (233) No change.

(234)(256) “PSD Pollutant” –

(a) Any pollutant listed as having a significant emission rate as defined in Rule 62-210.200, F.A.C.; and

(b) Any “Regulated NSR Pollutant” as defined at 40 CFR 52.21(b)(50) and as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(257) through (261) renumbered (235) through (239) No change.

(262) “Refinery Fuel Gas” – Any gas which is generated by a petroleum refinery process unit and which is combusted, including any gaseous mixture of natural gas and fuel gas.

(263) through (269) renumbered (240) through (246) No change.

(270) “Ringelmann Chart” – The Chart published and described in the U.S. Bureau of Mines Information Circulars No. 8333 and No. 7718. The above references are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., and may be inspected at the Department’s Tallahassee office.

(271) through (277) renumbered (247) through (253) No change.

(278) “Secretary” – The Secretary of the Department.

(279) renumbered (254) No change.

(255) “Secretary” – The Secretary of the Department.

(280) through (287) renumbered (256) through (263) No change.

(288) “Solid Sulfur Storage and Handling Facility” A facility designed and utilized for unloading, transferring, or storing elemental sulfur in pelletized form.

(289) through (295) renumbered (264) through  (270) No change.

(296) “Standard Sulfur Pellets” Any generally spherical form of solid sulfur (such as air or water-formed prills, or granules, or hemispherical forms such as Sandvick rotoform, but not including aglomerates, popcorn, slate or crushed bulk sulfur) that meets all of the following specifications. All required tests shall be performed on sulfur pellets that have been allowed to stand a minimum of 20 days after being formed. All test results shall be the arithmetic average of three test runs, each on a separate representative composite sample of the shipment or lot being tested.

(a) Not more than 20 percent retained on a 1/4 inch U.S. (6.3 mm) screen, determined in accordance with SUDIC Test Method S2-77: Sieve Analysis of Sulfur Forms, as adopted in Chapter 62-297, F.A.C.

(b) Less than six percent additional fines (minus 50 U.S. screen) generated under SUDIC’s standard Stress Level II test (Method S5-77: Determination of Friability of Sulfur Forms – 28 inch (700 mm) Diameter Tumbler Test).

(297) through (301) renumbered (271) through (275) No change.

(302) “Sulfur Storage and Handling Facility” – A facility designed and utilized for unloading, transferring or storing elemental sulfur in either molten form, solid pelletized form or solid vats.

(303) “Sulfur Vat” – A block of solid sulfur formed by pouring molten sulfur on an established base utilizing movable forms or existing vat walls to contain the liquid sulfur until it solidifies.

(304) through (311) renumbered (276) through (283) No change.

(312) “Tight-lipped Clamshell Bucket” – A clamshell bucket designed with appropriate materials and geometry to provide and maintain a secure seal to prevent material loss or spillage. The following are typical features of such a bucket:

(a) “Composition” – All plate and bar stock shall be a combination of 100,000 and 70,000 psi minimum yield steel. Such steel shall be used in those parts of the bucket where strength or weldability are needed.

(b) “Lips” – The lips (cutting edge) shall be composed of a high strength abrasion resistant alloy steel which is weldable and has a minimum hardness of 250 Brinell. The lips shall be hard surfaced for the entire length of the outer edge to provide continuing lead edge as they wear and shall be designed to be replaceable. The lips shall be bevelled for the entire length of the bottom and sides so the cutting edge will wear evenly. Where appropriate with respect to the material being handled, the lips shall be designed so that they come together in a tongue and groove fashion. The lips shall be provided with a hard rubber insert, which shall run the full length of the bottom and side lips of the bowls.

(c) “Design” – The geometry of the bucket shall provide maximum force on the lips in the closed position and the bowls (scoops) of the bucket shall have adequate gussets, and stiffeners to assure lip alignment. Side and cover plates will be installed to contain particulate emissions or spillage. The exposed plates may be streamlined to minimize material clinging to the outside of the bucket after it clears the ship’s hold.

(d) “Bearings, Crosshead and Corner Arms” – All wear points shall be constructed of appropriate material. Bushings shall be composed of a chromium-molybdenum alloy steel and heat treated to approximately 450 Brinell. All shafts shall be made of heat treated 4140 Chromium-molybdenum steel. All wear points shall be grease lubricated.

(313) through (318) renumbered (284) through (289)No change.

(319) “Total Suspended Particulate” or “TSP” – Particulate matter as measured by the method described in 40 C.F.R. Part 50, Appendix B, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(320) through (326) renumbered (290) through (296)No change.

(327) “Vapor Balance System” – A combination of pipes or hoses which create a closed system between the vapor spaces of an unloading tank and a receiving tank such that vapors displaced from the receiving tanks are transferred to the tank being unloaded.

(328) through (330) renumbered (297) through (299)No change.

(331) “Vapor Recovery System” A system that collects and conserves vapors that would otherwise be released to the atmosphere.

(332) renumbered (300)No change.

(301) “Visibility Impairment” or “Impairment to Visibility” – Any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

(333) renumbered (302)No change.

(334) “Visibility Impairment” or “Impairment to Visibility” Any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

(335) through (337) renumbered (303) through (305)No change.

(306)(338) “Waxy, Heavy Pour Crude Oil” – A crude oil with a pour point of 50 degrees or higher as determined by ASTM D 97, which is adopted and incorporated by reference at Rule 62-297.440, F.A.C.

(339) “Yard Waste” – Vegetative matter resulting from landscaping and yard maintenance operations and other such routine property clean-up activities. It includes materials such as leaves, shrub trimmings, grass clippings, palm fronds, and brush.

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 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, 5-9-07, 7-16-07, 3-16-08, 10-12-08, 6-29-09, 3-11-10, 6-29-11, 12-4-11, 3-28-12,                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Paula L. Cobb, Program Administrator, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 21, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 5, 2013, Vol. 39/24