The purpose of this proposed rule is to add a new rule section to Chapter 62-210, F.A.C., and to revise specified provisions of Rule 62-210.700, F.A.C. Promulgation of these rules is intended to meet the legal requirements of the United States ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Air Resource Management

RULE NOS.:RULE TITLES:

62-210.700Excess Emissions

62-210.710Emission Limits During Transient Modes of Operation

PURPOSE AND EFFECT: The purpose of this proposed rule is to add a new rule section to Chapter 62-210, F.A.C., and to revise specified provisions of Rule 62-210.700, F.A.C. Promulgation of these rules is intended to meet the legal requirements of the United States Environmental Protection Agency’s Notice of Final Rule published in the Federal Register on June 12, 2015 (80 FR 33840). EPA’s Final Rule has been challenged in the D.C. Circuit Court of Appeals by multiple states, including the State of Florida, in Walter Coke, Inc. v. U.S. EPA, USCA Case No. 15-1166.

SUMMARY: The proposed rule amendments address emission limitations during transient operating conditions at regulated facilities, including periods of startup, shutdown, and malfunction.

OTHER RULES INCORPORATING RULE 62-210.700 F.A.C: 62-110.107, 62-212.720, 62-213.440, 62-296.401, 62-296.404, 62-296.570, 62-296.702, and 62-297.310, F.A.C.

OTHER RULES INCORPORATING RULE 62-210.710, F.A.C: None

EFFECT ON THOSE OTHER RULES: The effect of the revisions in Rule 62-210.700, F.A.C., will be to incorporate those changes as intended by the cross reference.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Department has determined that this rulemaking will not have an adverse impact on small business or likely increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A statement of estimated regulatory costs (SERC) has not been prepared by the Department. The Department 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: Based on the Department’s analysis, the Department has determined that this rulemaking will not increase regulatory costs for any small business and will only have a small regulatory cost for facilities that choose to prepare an air construction permit application pursuant to Rule 62-210.710, F.A.C. The Department estimates that the regulatory cost for these facilities will be less than $200,000 in the first year of implementation. Any person who wishes 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, FS.

LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087, 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: SEPTEMBER 26, 2016, 10:00 a.m.

PLACE: Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida, Conference Room 609

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 5 days before the workshop/meeting by contacting: Terri Long, [phone], E-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency by using the Florida Relay Service, 1 [phone] (TDD) or 1 [phone] (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Preston McLane, 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:

 

62-210.700 Excess Emissions.

(1) Excess emissions resulting from startup, shutdown or malfunction of any emissions unit shall be permitted provided providing (1) best operational practices to minimize emissions are adhered to and (2) the duration of excess emissions shall be minimized but in no case exceed two hours in any 24-hour period unless specifically authorized by the Department for longer duration. Excess emissions that are caused entirely or in part by poor maintenance, poor operation, or any other equipment or process failure that may reasonably be prevented during startup, shutdown or malfunction shall be prohibited.

(2) Excess emissions from existing fossil fuel steam generators resulting from startup or shutdown shall be permitted provided that best operational practices to minimize emissions are adhered to and the duration of excess emissions shall be minimized. Excess emissions that are caused entirely or in part by poor maintenance, poor operation, or any other equipment or process failure that may reasonably be prevented during startup, shutdown or malfunction shall be prohibited.

(3) Visible Excess emissions from existing fossil fuel steam generators resulting from boiler cleaning (soot blowing) and load change may be up to 60 percent opacity, based upon a six-minute average, for a period of up to 3 hours in any 24-hour period shall be permitted provided the duration of such excess emissions shall not exceed 3 hours in any 24-hour period and visible emissions shall not exceed Number 3 of the Ringelmann Chart (60 percent opacity), and providing (1) best operational practices to minimize visible emissions are adhered to and (2) the duration of elevated opacity emissions shall be is minimized. Particulate matter emissions from existing fossil fuel steam generators during periods of boiler cleaning (soot blowing) and load change may average up to 0.3 pounds per million BTU heat input for a period of up to 3 hours in any 24-hour period provided (1) best practices to minimize particulate matter emissions are adhered to and (2) the duration of elevated particulate matter emissions is minimized. A load change, other than startup or shutdown, occurs when the operational capacity of a fossil fuel steam generating unit is operating in the range of 10 percent to 100 percent of rated capacity, range, other than startup or shutdown, which the change in operation exceeds 10 percent of the unit’s rated capacity, and which the change in operation occurs at a rate of 0.5 percent or more per minute or more. Visible emissions above 60 percent opacity shall be allowed for not more than 4, six (6)-minute periods, during the 3-hour period of excess emissions allowed by this subparagraph, for boiler cleaning and load changes, at units which have installed and are operating, or have committed to install or operate, continuous opacity monitors. Particulate matter emissions shall not exceed an average of 0.3 lbs. per million BTU heat input during the 3-hour period of excess emissions allowed by this subparagraph.

(4) Excess emissions which are caused entirely or in part by poor maintenance, poor operation, or any other equipment or process failure which may reasonably be prevented during startup, shutdown, or malfunction shall be prohibited.

(5) through (6) renumbered (4) through (5) No change.

(6) After May 22, 2018, Subsections 62-210.700(1) and (2), F.A.C., shall not apply to:

(a) Emission limits in Chapter 62-296, F.A.C., that have been or that become incorporated into the State Implementation Plan for the State of Florida, identified in 40 CFR 52.520; and

(b) Unit-specific emission limits that have been or that become incorporated into the State Implementation Plan for the State of Florida, identified in 40 CFR 52.520.

(7) Subsections 62-210.700(1) and (2), F.A.C., shall not apply to unit-specific emission limits established after [insert date of rule adoption] pursuant to Rules 62-212.400 and 62-212.500, F.A.C.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.250, 17-210.700, Amended 11-23-94,______.

 

62-210.710 Emission Limits during Transient Modes of Operation.

(1) A facility may request that the Department establish by permit one or more unit-specific secondary emission limits to apply during a specified transient mode of operation in lieu of the unit’s primary emission limit in Chapter 62-296, F.A.C., or the State Implementation Plan for the State of Florida, identified in 40 CFR 52.520. Transient modes of operation include, but are not limited to, periods of startup, shutdown, or fuel switching. In order to be eligible for a secondary emission limit applicable during a specified transient mode of operation, the facility must provide to the Department data and documentation sufficient to:

(a) Describe the specific operating conditions that mark the commencement and completion of the transient mode of operation, the duration of those operating conditions, and the operational variations in the process and control equipment and operations being permitted that could affect the frequency or duration of the transient mode of operation; and

(b) Demonstrate that the frequency and duration of the transient mode of operation will be limited to the greatest extent practicable; and 

(c) Demonstrate that the unit’s emission control strategy for compliance with the otherwise applicable category-specific primary emission limit or unit-specific primary emission limit contained in the State Implementation Plan of the State of Florida, identified in 40 CFR 52.520, is technically infeasible during the transient mode of operation; and

(d) Demonstrate that the unit is unable to comply with the otherwise applicable category-specific primary emission limit or unit-specific primary emission limit contained in the State Implementation Plan of the State of Florida, identified in 40 CFR 52.520; and

(e) Define best practices for the unit for limiting the extent and duration of emissions of the regulated air pollutant during the transient mode of operation; and

(f) Determine a secondary emission limit that (1) reflects best practices and (2) minimizes the extent and duration of emissions of the regulated air pollutant during the transient mode of operation to the greatest extent practicable; and

(g) Demonstrate that the facility has implemented or will implement recordkeeping practices (e.g. continuous emissions monitoring, parametric data collection and storage, contemporaneous operating logs) sufficient to demonstrate compliance with the unit-specific secondary emission limit.

(2) A unit-specific secondary emission limit established pursuant to Subsection 62-210.710(1), F.A.C., may be in a different form than the category-specific primary emission limit or unit-specific primary emission limit contained in the State Implementation Plan of the State of Florida, identified in 40 CFR 52.520. Any secondary emission limit applicable during a transient mode of operation must be in one of the following forms:

(a) A unit-specific numerical emission limit equivalent to emissions levels during the transient mode of operation under best practices for the unit;

(b) A unit-specific numerical emission limit established under a federal New Source Performance Standard (NSPS) or National Emission Standards for Hazardous Air Pollutant (NESHAP) that applies during a transient mode of operation and is representative of best practices for the unit;

(c) A unit-specific federal NSPS- or NESHAP-based work practice standard that applies during a transient mode of operation and is representative of best practices for the unit; or

(d) A unit-specific work practice standard representative of best practices for the unit.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History-New______.              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Hastings Read, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 22, 2016

DATE OF NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 8, 2016