The proposed amendment involves amendments to Chapter 62-214, F.A.C., related to implementation of the U.S. Environmental Protection Agency’s permitting requirements for sources that are subject to the Federal Acid Rain Program or elect to “opt in” ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-214.100: Purpose and Scope
62-214.300: Applicability
62-214.320: Applications
62-214.330: Acid Rain Compliance Plan and Compliance Options
62-214.340: Exemptions
62-214.360: Department Action on Applications
62-214.370: Revisions and Administrative Corrections
62-214.420: Acid Rain Part Content
62-214.430: Implementation and Termination of Compliance Options
PURPOSE AND EFFECT: The proposed amendment involves amendments to Chapter 62-214, F.A.C., related to implementation of the U.S. Environmental Protection Agency’s permitting requirements for sources that are subject to the Federal Acid Rain Program or elect to “opt in” to the Federal Acid Rain Program.
SUMMARY: The proposed rule amendments address requirements for the Acid Rain Part of a Title V air operation permit for a source which is subject to the Federal Acid Rain Program or which elects to opt in to such program.
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, 403.087, 403.0872 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.0872, 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: Thursday, January 10, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors 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 RULE IS: Ms. Cindy Phillips at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-214.100 Purpose and Scope.

This chapter outlines the additional permitting requirements for Title V sources that are subject to the Federal Acid Rain Program. The rules under this chapter set forth requirements for the Acid Rain Part of an operation permit for a Title V source which is subject to the Federal Acid Rain Program. The Department intends that this chapter shall implement and be consistent with the federal requirements of 40 C.F.R. Part 72. Words and phrases used in this chapter, unless clearly indicated otherwise, are defined at either 40 CFR 72.2 or 76.2 or Rule 62-210.200, F.A.C. The provisions of 40 CFR Parts 72, 73, 74, 75, and 76 referenced in this rule are adopted and incorporated by reference at Rule 62-204.800, F.A.C.

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 3-13-96, 1-3-01,_________.

 

62-214.300 Applicability.

Effective January 2, 1995, oOwners and operators of a Title V source that contains an Acid Rain unit shall operate the source and each Acid Rain unit in compliance with Chapter 62-213, F.A.C., and shall comply with the applicable requirements of this chapter.

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended          __________.

 

62-214.320 Applications.

The designated representative of any Title V source containing an Acid Rain unit shall submit to the Department a complete Acid Rain Part application no later than the applicable deadline of this section. The Acid Rain Part application shall be submitted pursuant to this chapter and to Rule 62-213.420, F.A.C. The designated representative of an Acid Rain Source has the option of filing the Acid Rain Part application as a separate document from the Title V Air Operation Permit application and requesting separate processing. The Department shall process the Acid Rain Part application pursuant to Chapter 62-213, F.A.C. The owners and operators of such source and any Acid Rain unit at the source shall not operate the source or unit without a Title V permit which includes an Acid Rain Part, except that a source having a valid air construction or operation permit or a site certification pursuant to the Florida Electrical Power Plant Siting Act and for which the designated representative has submitted a timely and complete initial Acid Rain Part application shall be deemed in compliance with the Federal Acid Rain Program requirements provided that the designated representative submits all timely supplemental information as provided at Rule 62-213.420, F.A.C., and provided the source operates in compliance with the terms and conditions of the Acid Rain Part application during the Department’s processing of the application.

(1) Timeliness. The designated representative shall submit a complete Acid Rain Part application as set forth below.:

(a) For any existing unit listed at Table 2 or 3 of 40 C.F.R. 73.10, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and for any existing utility unit which is also an Acid Rain unit, the designated representative for the source containing the unit shall submit a complete Acid Rain Part application for the unit in accordance with the schedule for Title V applications pursuant to Rule 62-213.420, F.A.C. For any Acid Rain unit that is required to submit a complete Acid Rain Part application and compliance plan for nitrogen oxides emission pursuant to 40 C.F.R. 76.9(b)(2), adopted and incorporated by reference at Rule 62-204.800, F.A.C., the designated representative shall submit such application and plan not later than January 1, 1998;

(a)(b) For any new unit, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the later of January 1, 2000, or the date on which the unit commences operation.;

(b)(c) For any unit that did not serve a generator with a nameplate capacity greater than 25 megawatts-electrical (MWe) on November 15, 1990, but serves such a generator after November 15, 1990, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the later of January 1, 2000, or the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.;

(c)(d) For any unit which was a simple combustion turbine on November 15, 1990, but which adds or uses auxiliary firing after November 15, 1990, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the later of January 1, 2000, or the date on which the auxiliary firing device commences operation.;

(d)(e) For any unit that was an exempt cogeneration unit pursuant to 40 C.F.R. 72.6(b)(4), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which during any three calendar year period after November 15, 1990, sold to a utility power distribution system, as defined at 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C., an annual average of more than one third of its potential electrical output capacity, as defined at 40 C.F.R. 72.2, and more than 219,000 megawatts-electrical hours (MWe hrs) output, on a gross basis, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before the later of January 1, 1998, or March 1 of the year following the three calendar year period in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output on a gross basis.;

(e)(f) For any unit which was exempt pursuant to 40 C.F.R. 72.6(b)(5), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which at any time after the date of November 15, 1990, or the date the source containing the unit commences commercial operation, fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(5), the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before the later of January 1, 1998, or March 1 of the year following the calendar year in which the source fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(5).;

(f)(g) For any unit which was exempt pursuant to 40 C.F.R. 72.6(b)(6), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which at any time after the later of November 15, 1990, or the date the source containing the unit commences commercial operation, fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(6), the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before the later of January 1, 1998, or March 1 of the year following the calendar year in which the source fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(6).;

(g)(h) For any unit which was a solid waste incinerator, burning less than 20 percent fossil fuel as described in 40 C.F.R. 72.6(b)(7), adopted and incorporated by reference at Rule 62-204.800, F.A.C., the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before the later of January 1, 1998, or March 1 of the year following the three calendar year period in which the incinerator consumed 20 percent or more fossil fuel on a British thermal unit (Btu) basis.;

(h) For any unit that would opt-in to the Acid Rain program as described in 40 C.F.R. Part 74, Sulfur Dioxide Opt-Ins, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the designated representative of the source containing the unit may submit a complete Acid Rain Part application with monitoring plan governing such unit at any time to the Department.

(i) Pursuant to subparagraph 62-213.420(1)(a)2.3. and subsection 62-213.430(3), F.A.C., the designated representative of any Title V source having a Title V permit with an Acid Rain Part shall submit a complete application for renewal of the Title V permit with an Acid Rain Part for each Acid Rain unit at the source, and the designated representative of a Title V source having a separate Acid Rain Part shall submit a complete application for renewal of the separate Acid Rain Part for each Acid Rain unit at the source.

(2) Information Requirements for Applications. The designated representative shall submit a complete Acid Rain Part application using DEP Form No. 62-210.900(1)(a) and DEP Forms Nos. 62-210.900(1)(a)1. and, 2., 3., 4., and 5., as appropriate, and including the following:

(a) through (c) No change.

(d) If the unit is a new unit or opt-in source, the date that the unit commenced or will commence operation and the deadline for monitor certification, pursuant to 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(e) If the unit is an opt-in combustion source, the information required pursuant to 40 C.F.R. 74.16, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; A complete repowering extension plan if the designated representative proposes such a compliance option in accordance with the provisions of subsection 62-214.330(2), F.A.C.;

(f) Notification for any exemptions of Acid Rain units if the designated representative indicates such exemption in accordance with Rule 62-214.340, F.A.C.; and

(g) Certification, in accordance with Rule 62-214.350, F.A.C., that the data submitted are true and correct and that the Acid Rain source and each Acid Rain unit shall operate in accordance with the terms and conditions of the Acid Rain Part application (DEP Form No. 62-210.900(1)(a)).

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 4-16-01, 6-2-02,________.

 

62-214.330 Acid Rain Compliance Plan and Compliance Options.

(1) The designated representative shall submit to the Department a complete Acid Rain compliance plan for each Acid Rain unit included in an Acid Rain Part application, including:

(a) For sulfur dioxide emissions, a certification that, the designated representative will hold allowances, as defined at 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as of the allowance transfer deadline, as defined at 40 C.F.R. 72.2, not less than the total annual emissions of sulfur dioxide from the unit for the previous calendar year and shall comply with the unit’s elected compliance options, if any. Such requirement shall become effective on:

1. No change.

2. The later of January 1, 2000, or the deadline for monitor certification pursuant to 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C., for an Acid Rain unit that is a new unit as defined at 40 C.F.R. 72.6(3), adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

3. The deadline for monitor certification pursuant to 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C., for an Acid Rain unit that is an opt-in source as defined at 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) No change.

(2) The designated representative of an Acid Rain source may include in the Acid Rain compliance plan compliance options using repowering extensions if the Acid Rain source and the designated representative meet the criteria of this subsection, including source limitation, timing and certification requirements;

(a) A designated representative may apply for repowering extensions as compliance options only for the following:

1. Any existing Acid Rain unit that is a coal-fired unit and that had a 1985 actual sulfur dioxide emissions rate equal to or

greater than 1.2 pounds per million British thermal units (mmBtu);

2. Any oil, gas-fired or combination oil and gas-fired unit that the designated representative certifies as having been awarded clean-coal-technology-demonstration Department of Energy funding as of January 1, 1991;

3. Any new unit that is also a utility unit and that will replace an existing Acid Rain unit meeting the criteria of subparagraph 62-214.330(2)(a)1., F.A.C., at a different site, provided the new unit and the existing Acid Rain unit have the same designated representative and provided that the new unit;

a. Is an oil or gas-fired unit that the designated representative certifies as having been awarded clean-coal-technology- demonstration Department of Energy funding as of January 1, 1991;

b. Uses one of the following clean coal technologies:

1. Atmospheric or pressurized fluidized bed combustion;

2. Integrated gasification combined cycle;

3. Magnetohydrodynamics;

4. Direct and indirect coal-fired turbines;

5. Integrated gasification fuel cells; or,

c. Is certified by the designated representative as having received EPA approval as qualifying repowering technology pursuant to 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) A repowering extension does not exempt the owner or operator of any unit governed by the Acid Rain compliance plan from the requirement to comply with such unit’s Acid Rain emissions limitations for sulfur dioxide.

(c) A designated representative of any unit meeting the criteria of subparagraph 62-214.330(2)(a)1., F.A.C., who is proposing a repowering extension shall certify in accordance with Rule 62-214.350, F.A.C., that:

1. The unit will be repowered with an EPA-approved repowering technology to comply with the unit’s Acid Rain emissions limitations for sulfur dioxide; or,

2. The unit will be replaced by a unit meeting the criteria of subparagraph 62-214.330(2)(a)3., F.A.C., and that the existing unit will be permanently retired from service on or before the date on which the new utility unit commences commercial operation.

(d) To apply for a repowering extension, the designated representative shall:

1. Submit a complete repowering extension plan as described at paragraph 62-214.330(2)(e), F.A.C., to the Department, by January 1, 1996;

2. Submit a petition for approval of repowering technology to EPA in accordance with 40 C.F.R. 72.44(d), adopted and incorporated by reference at Rule 62-204.800, F.A.C., before June 1, 1997, and provide a copy to the Department;

3. If the repowering extension plan is submitted to the Department as a conditional compliance option, submit a notice to activate the plan in accordance with Rule 62-214.430, F.A.C., to the Department by December 31, 1997.

(e) A complete repowering extension plan shall include the following:

1. Identification of the existing unit governed by the plan;

2. The existing unit’s SIP sulfur dioxide emissions limitation;

3. The best estimate of the existing unit’s calendar year 1995 sulfur dioxide emissions rate based on results of the compliance demonstrations for the most recent two-year period prior to submitting the plan, provided that the actual calendar year 1995 sulfur dioxide emissions rate is submitted to the Department by January 30, 1996;

4. A schedule for construction, installation, and commencement of operation of any repowering technology either approved by EPA or submitted for EPA approval pursuant to 40 C.F.R. 72.44(d) with dates for the following milestones:

a. Completion of design engineering;

b. For a plan described at paragraph 62-214.330(2)(c)1., F.A.C., removal of the existing unit from operation, to install the qualified repowering technology;

c. Commencement of construction;

d. Completion of construction;

e. Start-up testing;

f. For a plan described at subparagraph 62-214.330(2)(c)2., F.A.C., shutdown of the existing unit and commencement of commercial operation of the repowering technology;

5. For a plan described at subparagraph 62-214.330(2)(c)2., F.A.C.:

b. Certification, in accordance with Rule 62-214.350, F.A.C., that the new unit will replace the existing unit, that the new unit has the same designated representative as the existing unit and that the existing unit will be permanently retired from service on or before the date the new unit commences commercial operation.a. Identification of the new unit;

6. A statement that the Acid Rain source agrees to act in conformity with the special provisions of 40 C.F.R. 72.44(h), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

7. A statement that the designated representative shall comply with the requirements of 40 C.F.R. 72.94, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(f) A designated representative shall not include any new unit in more than one repowering extension plan.

(g) The repowering extension shall become effective January 1, 2000, and shall terminate on the earlier of December 31, 2003, or on the day preceding the date on which the existing unit will be removed from operation to install the qualifying repowering technology or on which the existing unit will be permanently removed from service for replacement by a new unit with such technology except that the repowering extension shall terminate as provided in 40 C.F.R. 72.44 in the event of failure of any repowering technology specified in a compliance option.

(2)(3) No change.

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01,________.

 

62-214.340 Exemptions.

(1) New Units Exemption.

(a) No change.

1. For purposes of this section, timely and sufficient notice is a statement meeting all of the criteria of 40 CFR 72.7(b)(2), certified as required by Rule 62-214.350, F.A.C., using form DEP Form No. 62-210.900(1)(a)2. and submitted to the Department no later than December 31 of the first calendar year for which the exemption shall be effective, except that the notice need not be provided if the unit has already received a written new unit exemption and the unit shall be subject to the requirements of 40 CFR 72.7(a), (d), (e)(2), and (f).

2. through 3. No change.

(b) through (d) No change.

(2) Retired Units Exemption.

(a) No change.

1. For purposes of this section, timely and sufficient notice is a statement meeting all of the criteria of 40 CFR 72.8(b)(2), certified as required by Rule 62-214.350, F.A.C., using form DEP Form No. 62-210.900(1)(d)(a)3. and submitted to the Department no later than December 31 of the first calendar year for which the exemption shall be effective, except that the notice need not be provided if the unit has already received a written retired unit exemption and the unit shall be subject to the requirements of 40 CFR 72.8(d).

2. No change.

(b) through (c) No change.

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 6-2-02,_________.

 

62-214.360 Department Action on Applications.

Any application submitted pursuant to this chapter, including any proposal for any repowering extension plan or NOx alternative emission limitation, shall be processed by the Department under the provisions of Rules 62-213.420 and 62-213.430, F.A.C., with the following additional limitations.:

(1) The Department shall not approve any Acid Rain compliance plan described at subsection 62-214.330(2) or (3), F.A.C., until the Department receives, in addition to the information required by paragraph 62-210.900(1)(a), Rules 62-214.320 and 62-214.330, F.A.C., certification from the designated representative that the proposed Acid Rain compliance plan technology has received any necessary EPA approvals, pursuant to 40 CFR 72.44(f), adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(2) The Department shall take no final action on any permit application for revision submitted by a designated representative to alter or terminate any Acid Rain compliance plan described at subsection 62-214.330(2) or (3), F.A.C., until the Department receives notice from EPA that the proposed revision has received necessary EPA approvals.;

(3) The Department shall consider notice from EPA that an Acid Rain compliance plan described at subsection 62-214.330(2) or (3), F.A.C., has failed or for other reason no longer has necessary EPA approval to be cause for permit revision pursuant to Rule 62-4.080, F.A.C.;

(4) The Department shall not allocate allowances.;

(5) No change.

(6) Each unit subject to an Acid Rain NOx emissions limitation, the Department shall, no later than January 1, 1999:

(a) Amend the Acid Rain Part pursuant to Rule 62-214.370, F.A.C., and add any NOX early election plan that was approved by EPA and has not been terminated, and

(b) Take final action on applications for revision of Acid Rain Parts to incorporate the nitrogen oxides requirements of 40 CFR Part 76, adopted and incorporated by reference at Rule 62-204.800, F.A.C., provided the applicant has submitted a timely and complete application for revision pursuant to Rule 62-214.320, F.A.C., and the provisions of 40 CFR Part 76.

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 4-16-01, 6-2-02,________.

 

62-214.420 Acid Rain Part Content.

In addition to the requirements of Chapter 62-213, F.A.C., any draft, proposed or final Acid Rain Part, shall contain the following:

(1) through (7) No change.

(8) A statement that the designated representative of any unit with an Acid Rain Part that includes repowering as a compliance option shall comply with the requirements of 40 C.F.R. 72.94, adopted and incorporated by reference at Rule 62-204.800, F.A.C., concerning reporting any submittal to EPA and that the designated representative shall provide the Department copies of such submittals;

(9) A statement that the designated representative shall notify EPA, and provide a copy of the notice to the Department, of the failure of any repowering technology specified in a compliance option;

(8)(10) No change.

(9)(11) A statement that the annual statement of compliance pursuant to subsection 62-213.440(3), F.A.C., be submitted within 60 days after the end of the calendar year;.

(10)(12) A statement that an Acid Rain source shall comply with the recordkeeping and reporting requirements of 40 C.F.R. 72.9(f), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Such recordkeeping and reporting requirements are in addition to those requirements of Chapter 62-213, F.A.C.; and

(11) For opt-in sources, the requirements of 40 C.F.R. 74.12, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01,________.

 

62-214.430 Implementation and Termination of Compliance Options.

(1) Activation. The designated representative shall not activate an approved conditional compliance option except by providing notice to the Department that the option will actually be pursued beginning January 1 of a specified year. An approved conditional compliance option must be activated, if at all, before the date of any enforceable milestone applicable to the option. The option becomes binding on the owners and operators of any unit governed by the option at the time the designated representative submits the notice. The notice shall:

(a) Specify the first calendar year and the last calendar year for which the approved conditional compliance option is to be active; and

(b) Certify that the source has obtained all necessary EPA approvals of the technology pursuant to Subpart D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(2) Termination of Approved Conditional Compliance Options.

(a) Approved Conditional Compliance Options. The designated representative shall not terminate an approved conditional compliance option after activation except by providing notice to the Department that the termination will occur on January 1 of a specified year. The termination becomes binding on the owners and operators and the designated representative of any unit governed by the option at the time the designated representative submits the notice.

1. The notice of termination shall:

(a)a. Specify the calendar year for which the approved conditional compliance option is to be terminated; and

(b)b. Certify that the source has obtained any necessary EPA approvals of the termination pursuant to Subpart D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(b) Repowering Extensions. The designated representative shall provide notice of termination of any Acid Rain compliance plan incorporating repowering extension as provided by 40 C.F.R. 72.44, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. Termination resulting from failure of the repowering plan shall be submitted as an application for revision of the Acid Rain Part, pursuant to this chapter and Chapter 62-213, F.A.C., and 40 C.F.R. 72.44(g), adopted and incorporated by reference at Rule 62-204.800, F.A.C., and shall be processed pursuant to Rules 62-213.420, 62-213.430 and 62-214.360, F.A.C. A copy of the application for revision of the Acid Rain Part shall be submitted to the EPA.

2. Termination for reasons other than failure must be accomplished prior to December 31, 1999, and shall be accomplished in the same manner as termination of an approved conditional compliance option pursuant to paragraph 62-214.430(2)(a), F.A.C.

(3) No change.

(4) Upon receipt of a the notices described at subsection paragraph 62-214.430(1)(a) or and subsection subparagraph 62-214.430(2)(a)1., F.A.C., the Department shall correct the source’s permit pursuant to Rule 62-210.360, F.A.C., and subsection 62-214.370(6)(2), F.A.C.

Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, ________.

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: Ms. Mimi Drew, Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007