The purpose of this Notice of Proposed Rule (NOPR) is to amend Chapter 62-210, F.A.C., to update and expand the current categorical permit exemption for burning of drugs in boilers with a heat input of 250 million Btu per ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-210.300 Permits Required

PURPOSE AND EFFECT: The purpose of this Notice of Proposed Rule (NOPR) is to amend Chapter 62-210, F.A.C., to update and expand the current categorical permit exemption for burning of drugs in boilers with a heat input of 250 million Btu per hour or more, to instead allow for law enforcement and other government agencies to incinerate drugs seized by law enforcement, prohibited agricultural food products, and animal carcasses in incinerators consistent with the state’s incinerator rule, Rule 62-296.401, F.A.C., and federal incinerator regulations, 40 CFR Part 60, Subparts Eb, Cb, AAAA, BBBB, CCCC, DDDD, EEEE, adopted and incorporated by reference in Rule 62-204.800, F.A.C. The proposed revisions also include correcting a cross-reference in the permit exemption for brownfield remediation sites.

SUBJECT AREA TO BE ADDRESSED: The proposed rule amendments address Stationary Sources – General Requirements.

OTHER RULES INCORPORATING RULE 62-210.300, F.A.C.: 62-210.200, 62-210.310, 62-210.350, 62-210.360, 62-210.920, 62-212.300, 62-213.300, 62-256.300, 62-256.700, 62-296.320, 62-296.401, 62-296.406, 62-296.417, 62-296.570, 62-737.800, F.A.C.

EFFECT ON THOSE OTHER RULES: There will be no effect on other rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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.

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: revision of these rules will not have an adverse impact or increase regulatory costs on any entity.

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, 403.814, 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: Hastings Read, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400. Telephone: [phone]. E-mail: [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-210.300 Permits Required.

(1) through (2) No change.

(3) Exemptions from Permitting. Except as otherwise provided herein, an owner or operator shall not be required to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., for any facility, emissions unit, or pollutant-emitting activity that satisfies the applicable permitting exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or has been exempted from permitting pursuant to Rule 62-4.040, F.A.C. Failure of a facility, emissions unit, or activity to satisfy the exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., does not preclude such facility, emissions unit, or activity from being considered for exemption pursuant to Rule 62-4.040, F.A.C. Notwithstanding the above, no emissions unit or activity shall be exempt from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if it would be subject to any unit-specific limitation or requirement, unless compliance with such limitation or requirement is specifically listed as a condition of exemption. Furthermore, no new, reconstructed, or modified emissions unit or activity shall be exempt from the requirement to obtain an air construction permit if its emissions would contribute to a major modification or to any modification that would be a major modification but for the use, in whole or in part, of the baseline actual-to-projected actual applicability test in Rule 62-212.400, F.A.C. An emissions unit or pollutant-emitting activity exempt from the requirement to obtain an air construction permit shall not be exempt from the permitting requirements of Chapter 62-213, F.A.C., if it is contained within a Title V source or if its emissions, in combination with the emissions of other emission units and activities at the facility, would cause the facility to be classified as a Title V source. Exemption from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., does not relieve the owner or operator of a facility or emissions unit from complying with any limitation or requirement applicable to such facility or emissions unit.

(a) Categorical and Conditional Exemptions. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, the following facilities, emissions units, and pollutant-emitting activities shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C.

1. through 20. No change.

21. Incineration of drugs seized by law enforcement, agricultural food products that cannot be transported into the country or across state lines to prevent biocontamination, or animal carcasses may be conducted in an air-permitted incinerator regulated under 40 CFR Part 60, Subparts Cb, Eb, AAAA, BBBB, CCCC, or DDDD, adopted and incorporated by reference in Rule 62-204.800, F.A.C., or as follows: Burning of drugs seized by law enforcement agencies in boilers with a heat input of 250 million Btu per hour or more.

a. A government agency may own and operate an incinerator that is designed for animal carcass disposal associated with the study, surveillance, or mitigation of animal disease spread, odor control, or related health impacts. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion.

b. A government agency may own and operate an incinerator to dispose of drugs seized by law enforcement, agricultural food products that can not be transported into the country or across state lines to prevent biocontamination. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion or be a cyclonic burn barrel as defined in 40 CFR 60.2875, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

c. A government agency using an incinerator under sub-subparagraphs 62-210.300(3)(a)21.a. or b., F.A.C., shall also meet the following requirements:

(I) The incinerator shall not exceed a charging rate of 300 pounds per hour of material;

(II) The owner or operator shall keep records of the amount and type of materials being combusted; and

(III) The incinerator shall comply with the opacity requirements of paragraph 62-296.401(1)(a), F.A.C.

22. through 31. No change.

32. Brownfield site remediation, as described at Rule 62-780.700 62-785.700, F.A.C., provided that the total volatile organic compounds in the air emissions from all onsite remediation equipment shall not exceed 13.7 pounds per day.

33. through 36. No change.

(b) and (c) No change.

(4) through (7) No change.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–Formerly 17-2.210, Amended 11-28-93, Formerly 17-210.300, Amended 11-23-94, 4-2-95, 4-18-95, 10-16-95, 1-2-96, 3-13-96, 3-21-96, 5-13-96, 8-15-96, 10-7-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 6-21-01, 7-6-05, 2-2-06, 1-10-07, 5-9-07, 3-16-08, 10-12-08, 6-29-11, 4-26-17, 7-3-18, 9-29-20,          .

NAME OF PERSON ORIGINATING PROPOSED RULE: Hastings Read

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Noah Valenstein

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 04/14/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 03/17/2021