The proposed rule change (OGC 12-1035) will amend subsections in Chapter 62-213.205, F.A.C., in order to delete those sections that repeat statutory language and also amend the subsection pertaining to annual emissions fees to lower the amount of ...

RULE NO.:RULE TITLE:

62-213.205Annual Emissions Fee

PURPOSE AND EFFECT: The proposed rule change (OGC 12-1035) will amend subsections in Chapter 62-213.205, F.A.C., in order to delete those sections that repeat statutory language and also amend the subsection pertaining to annual emissions fees to lower the amount of dollars per ton that a Title V source will have to pay for its calendar year 2013 emissions.

SUMMARY: Revisions are needed to Chapter 62-213, F.A.C., pursuant to Executive Order 11-01 (and subsequent Executive Orders 11-72 and 11-211) in order to remove duplicative statutory language repeated in this rule in subsections (1), (2), and (3).  In addition to removing the duplicative language in these subsections, this rulemaking will also lower the annual emissions fee that Title V facilities must pay in calendar year 2013.

OTHER RULES INCORPORATING THIS RULE: Rule 62-213.205, F.A.C., is referenced in Rules 62-213.415 and 62-213.420, F.A.C.

EFFECT ON THOSE RULES: The amendments to Rule 62-213.205, F.A.C., would have no impact in the referencing rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this will not have an 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. 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: Because the rulemaking will reduce the amount of Title V permitting fees for regulated entities, it will not result in increased costs.

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: 403.0872 FS.

LAW IMPLEMENTED: 403.0872 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: Marnie Brynes, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blairstone Road, MS 5500, Tallahassee, Florida 32399, telephone [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-213.205 Annual Emissions Fee.

Each Title V source permitted to operate in this state must pay between January 15 and March 1 of each year, upon written notice as provided in the Title V permit, an annual emissions fee in an amount determined as set forth in subsection 62-213.205(1), F.A.C.

(1) Emissions Fee Calculation and Payment. Each Title V source must calculate the annual fee, based upon the source’s previous year’s emissions, by multiplying the applicable annual emissions fee factor times the tons of each regulated air pollutant (except carbon monoxide) allowed to be emitted per hour by specific condition of the source’s most recent certification, construction permit or operation permit, times the annual hours of operation allowed by specific condition. The emissions fee factor is $30. ; Pprovided, however, that:

(a) For emissions occurring in prior to calendar year 2013 2008, the emissions fee factor is $27 $25. For emissions occurring in calendar year 2008 and thereafter, the emissions fee factor is $30. The emissions fee factor may be increased beyond $25 only if the Secretary of the Department affirmatively finds that a shortage of revenue for support of the Title V source operation permit program will occur in the absence of a fee factor adjustment. The annual emissions fee factor may never exceed $35 without legislative approval.

(b) through (k) No change.

(2) Adequacy of Emissions Fees. Annual emissions fees collected by the Department must be sufficient to cover all reasonable direct and indirect costs required to develop and administer the Title V source operation permit program, which shall consist of the following elements to the extent that they are reasonably related to the regulation of Title V sources:

(a) Reviewing and acting upon any application for such a permit.

(b) Implementing and enforcing the terms and conditions of any such permit, excluding court costs or other costs associated with any enforcement action.

(c) Emissions monitoring and ambient monitoring only to the extent site-specific ambient monitoring is necessary for the issuance of any Title V permit, as documented in the permit.

(d)Preparing generally applicable regulations or guidance.

(e) Modeling, analyses, and demonstrations.

(f) Preparing inventories and tracking emissions.

(g) Implementing the Small Business Stationary Source Technical and Environmental Compliance Assistance Program.

(h) Conducting any audits required under subsection 62-213.205(3), F.A.C.

(3) Audits. An audit of the Title V source operation permit program and an audit of each local program which accepts funds from the Department as reimbursement in the implementation of the Title V source operation permit program shall be conducted two years after the EPA has given full approval to the program to ascertain whether the annual emissions fees collected by the Department are used solely to support any reasonable direct and indirect costs as listed in subsection 62-213.205(2), F.A.C., above. A program audit must be performed biennially after the first audit.

(2)(4) No change.

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.200, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 1-3-01, 4-16-01, 6-2-02, 1-9-08, 3-16-08, 3-11-10,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brian Accardo, Director, 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: November 30, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 22, 2012