The proposed rule amendments (OGC No. 10-0878) incorporate into the state’s air pollution control rules several elements related to control of fine particulate matter (PM2.5) emissions from industrial facilities like electric utilities, pulp mills, ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-212.300: General Preconstruction Review Requirements
62-212.400: Prevention of Significant Deterioration (PSD)

PURPOSE AND EFFECT: The proposed rule amendments (OGC No. 10-0878) incorporate into the state’s air pollution control rules several elements related to control of fine particulate matter (PM2.5) emissions from industrial facilities like electric utilities, pulp mills, and cement kilns.

SUMMARY: Revisions are needed to Chapter 62-212, F.A.C., to incorporate PM2.5 into the state’s preconstruction review program for major stationary sources and major modifications. The proposed amendments are consistent with federal regulation, policy, and guidance, and they do not impose any requirements beyond or in addition to the minimum federal program. Based on the statement of estimated regulatory costs, the proposed rule amendments are not expected to require legislative ratification.

OTHER RULES INCORPORATING THIS Rule 62-212.300, F.A.C., is referenced in Rules 62-4.050, 62-210.200, 62-210.300, 62-210.370, 62-212.500, and 62-212.600, F.A.C.

Rule 62-212.400, F.A.C., is referenced in Rules 62-4.050, 62-204.200, 62-204.220, 62-204.320, 62-210.200, 62-210.300, 62-210.310, 62-210.340, 62-210.350, 62-210.550, 62-212.300, 62-212.500, 62-212.600, 62-212.710, 62-212.720, 62-296.416, 62-296.500, and 62-296.700, F.A.C.

EFFECT ON THOSE RULES: The amendments to Rule 62-212.300, F.A.C., would have no impact in the following referencing Rules 62-210.370, 62-212.500, and 62-212.600, F.A.C. The amendments to Rule 62-212.300, F.A.C., would have the intended impact, as discussed in the summary, in the following referencing Rules 62-4.050, 62-210.200, 62-210.300, F.A.C.

The amendments to Rule 62-212.400, F.A.C., would have no impact in the following referencing Rules 62-204.200, 62-204.220, 62-204.320, 62-210.340, 62-210.350, 62-210.550, 62-212.300, 62-212.500, 62-212.600, 62-212.710, 62-212.720, 62-296.416, 62-296.500, and 62-296.700, F.A.C. The amendments to Rules 62-212.400, F.A.C., would have the intended impact, as discussed in the summary, in the following referencing Rules 62-4.050, 62-210.200, 62-210.300, 62-210.310, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has prepared a SERC, which concludes that the amended rule imposes costs only in very rare circumstances because PM2.5 is a subset of pollutants that are already controlled. Thus, most (if not all) sources of PM2.5 emissions are already subject to preconstruction review for stationary sources because they emit other air pollutants and few (if any) facilities will be subject to regulation only because of their direct PM2.5 emission rates. Based upon the SERC, the agency has determined that the rule is not likely to, directly or indirectly, have an adverse impact on economic growth, private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; that the rule is not likely to, directly or indirectly, have an adverse impact on business competitiveness in excess of $1 million in the aggregate within 5 years after the implementation of the rule, and that the rule is likely to increase the total state-wide regulatory costs for all regulated entities by no more than $42,000 during the 5 years after the implementation of this rule (This is an estimate of total regulatory costs for all regulated entities in the state over a 5-year period, not an annual cost for each regulated entity). Based upon the SERC analysis the agency has determined that legislative ratification is not required.

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: 403.061 FS.

A HEARING WILL BE HELD BEFORE THE ENVIRONMENTAL REGULATION COMMISSION AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 19, 2012, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida

Any proposed amendment or other comments or objections should be presented in accordance with paragraph 62-110.103(2)(b), F.A.C.

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 [phone] or [e-mail]. 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: THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Patricia E. Comer, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399, telephone [phone], e-mail [e-mail], or Chad Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, telephone [phone], e-mail [e-mail]

The department will accept public comments on the proposed rulemaking, within a 21 day time period, beginning the day following publication of this notice. 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 [phone], e-mail [e-mail], or Chad Stevens, Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400, telephone [phone], e-mail [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-212.300 General Preconstruction Review Requirements.

This rule shall apply to the proposed construction or modification of all emissions units and facilities for which an air construction permit is required pursuant to subsection 62-210.300(1), F.A.C.

(1) General Prohibitions.

(a) through (e) No change.

(f) The Department shall account for condensable PM10 and condensable PM2.5 in applicability determinations and in establishing emissions limitations for PM10 and PM2.5 in permits issued pursuant to Rules 62-212.400 or 62-212.500, F.A.C., and in permits issued to establish limitations to avoid applicability of Rules 62-212.400 or 62-212.500, F.A.C.

(2) through (3) No change.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.520, 17-212.300, Amended 11-23-94, 1-1-96, 10-28-97, 2-2-06, 10-6-08, 6-29-09, _________.

 

62-212.400 Prevention of Significant Deterioration (PSD).

The provisions of this rule generally apply to the construction or modification of air pollutant emitting facilities in those parts of the state in which the state ambient air quality standards are being met. The provisions of this rule also establish various requirements for existing emissions units and facilities in such areas, including specific construction/operation permit requirements.

(1) General Provisions.

(a) No person shall construct any new major stationary source or undertake any major modification except in compliance with the provisions of this rule and, where applicable, Rule 62-212.500, F.A.C. Emissions of an affected pollutant from a new major stationary source or major modification which is located in or proposed to be located in any nonattainment area are not subject to this rule Rule 62-212.400, F.A.C.

(b) through (c) No change.

(2) No change.

(3) Exemptions.

(a) through (d) No change.

(e) The requirements of subsection 62-212.400(7), F.A.C., as they relate to monitoring for a particular pollutant shall not apply if:

1. The emissions increase of the pollutant from the new major stationary source or the net emissions increase of the pollutant from the major modification would cause, in any area, air quality impacts less than the amounts listed at 40 C.F.R. § 52.21(i)(5), adopted and incorporated by reference at Rule 62-204.800, F.A.C., specifically the following amounts:

a. Carbon monoxide – 575 micrograms per cubic meter µg/m3, eight-hour average;

b. Nitrogen dioxide – 14 micrograms per cubic meter µg/m3, annual average;

c. PM2.5 – 4 micrograms per cubic meter, 24-hour average;

d.c. PM10 Particulate matter – 10 micrograms per cubic meter µg/m3 of PM-10, 24-hour average;

e.d. Sulfur dioxide – 13 micrograms per cubic meter µg/m3, 24-hour average;

f.e. No change.

g.f. Lead – 0.1 micrograms per cubic meter µg/m3, three-month average;

h.g. Fluorides – 0.25 micrograms per cubic meter µg/m3, 24-hour average;

i.h. Total reduced sulfur – 10 micrograms per cubic meter µg/m3, one-hour average;

j.i. Hydrogen sulfide – 0.2 micrograms per cubic meter µg/m3, one-hour average;

k.j. Reduced sulfur compounds – 10 micrograms per cubic meter µg/m3, one-hour average; and

l.k. Any concentration previously listed at the table at Rule 62-212.400-3, F.A.C.; specifically, Mercury – 0.25 micrograms per cubic meter µg/m3, 24-hour average; or

2. No change.

(4) No change.

(5) Source Impact Analysis. The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

(a) Required Demonstration. The owner or operator of the proposed major stationary source or major modification shall demonstrate that allowable emission increases from the proposed major stationary source or major modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

1.(a) Any ambient air quality standard in any air quality control region; or

2.(b) Any applicable maximum allowable increase over the baseline concentration in any area.

(b) Significant Impact Levels. For purposes of PM2.5, the demonstration required in paragraph 62-212.400(5)(a), F.A.C., is deemed to have been made if the emissions increase from the new major stationary source alone or from the major modification alone would cause, in all areas, air quality impacts less than the following amounts:

1. Annual averaging time – 0.06 micrograms per cubic meter in a Class I area, and 0.3 micrograms per cubic meter in all other areas.

2. 24-hour averaging time – 0.07 micrograms per cubic meter in a Class I area, and 1.2 micrograms per cubic meter in all other areas.

(6) through (13) No change.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.500, Amended 2-2-93, Formerly 17-212.400, Amended 11-23-94, 1-1-96, 3-13-96, 2-5-98, 8-15-99, 2-2-06, 7-16-07, 10-6-08,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael P. Halpin, P.E., 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: June 24, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 17, 2010