The department is proposing amendments to Chapter 62-212, F.A.C., in response to requirements imposed by the Environmental Protection Agency (EPA) in its recent conditional approval of Florida’s Prevention of Significant Deterioration (PSD) air ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-212.300: General Preconstruction Review Requirements
PURPOSE AND EFFECT: The department is proposing amendments to Chapter 62-212, F.A.C., in response to requirements imposed by the Environmental Protection Agency (EPA) in its recent conditional approval of Florida’s Prevention of Significant Deterioration (PSD) air permitting program under the federal Clean Air Act. The proposed amendments clarify that for any pollutant for which a permit applicant determines there will be no significant emissions increase pursuant to the PSD applicability provisions of subsection 62-212.400(2), F.A.C., the applicant must provide any netting calculations that were used as well as documentation of any emissions that were allowably excluded in the determination of projected actual emissions.
SUMMARY: The proposed rule amendments update the department’s air construction permitting program for major stationary sources and major modifications for consistency with federal regulations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The department has prepared a statement of estimated regulatory costs. The proposed amendments to the permit application requirements of subparagraph 62-212.300(3)(a)1., F.A.C., simply clarify existing intent and are not expected to incur costs to any regulated entity or governmental 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.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, May 13, 2009, 10:00 a.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. Lynn Scearce; [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. Terri Long; [phone] or [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) through (2) No change.

(3) Permitting Requirements.

(a) Each applicant for an air construction permit for an emissions unit subject to this rule shall provide the Department, at a minimum, the following information:

1. The nature and amounts of emissions from the emissions unit, including baseline actual emissions and projected actual emissions, and any netting calculations, if applicable, when used to determine PSD applicability pursuant to paragraph subsection 62-212.400(2)(a), F.A.C., and when used to establish a PAL pursuant to Rule 62-212.720, F.A.C. When used to determine PSD applicability pursuant to subparagraph 62-212.400(2)(a)1. or 3., F.A.C., the applicant shall also provide a record of the amount of excluded emissions, and an explanation as to why these emissions were excluded, for any projected actual emissions calculations that exclude that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project including any increased utilization due to product demand growth.

2. No change.

(b) through (c) No change.

Rulemaking Specific 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, ________.

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Michael W. Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 06, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 13, 2009