The proposed rule (OGC No. 11-0614) involves amendments to Rule 62-210.200, F.A.C., to exclude ethanol fuel production facilities from the meaning of the term “chemical process plant” in two definitions where the term occurs.  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NO.: RULE TITLE:
    62-210.200: Definitions

    PURPOSE AND EFFECT: The proposed rule (OGC No. 11-0614) involves amendments to Rule 62-210.200, F.A.C., to exclude ethanol fuel production facilities from the meaning of the term “chemical process plant” in two definitions where the term occurs.

    SUMMARY: The proposed rule amends two definitions in the department’s air permitting rules to exclude ethanol fuel production facilities from the meaning of the term “chemical process plants,” thereby raising the emission threshold for applicability of the state’s major source permitting rules for such facilities from 100 tons per year (TPY) of any regulated air pollutant to 250 TPY. Additionally, the proposed rule adds a definition of “North American Industry Classification System” or “NAICS” which is referenced in the amended meaning of “chemical process plants.” The proposed rule amendments are consistent with U.S. Environmental Protection Agency (EPA) regulations adopted May 1, 2007. The proposed rule amendments are not expected to require legislative ratification.

    OTHER RULES INCORPORATING THIS RULE: Rule 62-210.200, F.A.C., is referenced in Rules 62-4.050, 62-204.200, 62-210.200, 62-210.220, 62-210.300, 62-210.340, 62-210.370, 62-212.100, 62-212.500, 62-212.720, 62-213.100, 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, 62-296.600, and 62-297.100, F.A.C.

    EFFECT ON THOSE OTHER RULES: The amendments would have no impact on Rules 62-210.220, 62-210.340, 62-296.340, 62-296.401, 62-296.417, and 62-296.600, F.A.C. The amendments would change the definition cited in Rules 62-4.050, 62-204.200, 62-210.200, 62-210.300, 62-210.370, 62-212.100, 62-212.500, 62-212.720, 62-213.100, 62-213.202, 62-213.400, 62-213.410, 62-213.412, 62-213.420, 62-213.440, 62-214.100, 62-296.100, 62-296.470, and 62-297.100, F.A.C.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

    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.

    RULEMAKING AUTHORITY: 403.061 FS.
    LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.0872, 403.814 FS.

    REQUESTS TO HOLD A HEARING: Requests to hold a rulemaking hearing must be received within 21 days after the date of this notice, as required by Section 120.54(3)(c), Florida Statutes. The hearing, if requested, will be held at the date, time, and place shown below. IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD.

    DATE AND TIME: Thursday, October 13, 2011, 1:00 p.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. Marnie Brynes at (850)717-9029 or marnie.brynes@dep.state.fl.us. 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: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS35, Tallahassee, Florida 32399, Telephone (850)245-2288. E-mail patricia.comer@dep.state.fl.us. or Ms. Kelly Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, telephone (850)717-9017, E-mail kelly.stevens@dep.state.fl.us

    The department will accept public comments on the proposed rulemaking, within a 21 day time period, beginning the day following publication of this notice (day one). Comments may be sent to Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, telephone (850)245-2288, E-mail: patricia.comer@dep.state.fl.us. or Ms. Kelly Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Telephone (850)717-9017, E-mail kelly.stevens@dep.state.fl.us

     

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

    (1) through (187) No change.

    (188) “Major Source of Air Pollution” 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) No change.

    (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 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 19. No change.

    20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140);

    21. through 27. No change.

    (c) through (h) No change.

    (189) “Major Stationary Source” –

    (a) A major stationary source is:

    1. Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any PSD pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140), fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

    2. through 3. No change.

    (b) No change.

    (c) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this definition whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

    1. through 19. No change.

    20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140);

    21. through 27. No change.

    (d) No change.

    (190) through (213) No change.

    (214) “North American Industry Classification System” or “NAICS” – A federal system of classifying business establishments according to similarity in the processes used to produce goods or services, as described in the 2007 NAICS definition file, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/....).

    (214) through (331) renumbered (215) through (332) No change.

    Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 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,________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Michael P. Halpin, P.E., Director, Division of Air Resource Management

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2011

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 24, 2011