The proposed rule amendments (OGC No. 09-3738) eliminate all Title V air general permits and provide that persons using such general permits automatically transition to the use of replacement non-Title V air general permits separately being proposed ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Rule No.: RULE TITLE:
62-213.202: Responsible Official
62-213.300: Title V Air General Permits
62-213.440: Permit Content
62-213.900: Forms and Instructions
PURPOSE AND EFFECT: The proposed rule amendments (OGC No. 09-3738) eliminate all Title V air general permits and provide that persons using such general permits automatically transition to the use of replacement non-Title V air general permits separately being proposed for adoption in Chapter 62-210, F.A.C. The amendments also delete the Title V air general permit registration forms, renumber remaining forms, and correct citations to the renumbered forms where needed.
SUMMARY: Revisions are needed to Chapter 62-213, F.A.C., to eliminate general permits for six source categories from the department’s Title V air general permit program. During the 2008 legislative session, the Florida Legislature amended Section 403.0872, F.S., to eliminate certain source categories from the state Title V permitting program.
Chapter 62-213, F.A.C., is referenced in multiple rules. The amendments would have no impact in the following referencing Rules 62-4.090, 62-4.510, 62-204.800, 62-210.100, 62-210.200, 62-210.220, 62-210.300, 62-210.350, 62-212.720, 62-213.420, 62-214.300, 62-214.320, 62-214.370, 62-214.420, and 62-296.470, F.A.C. The amendments would have the intended impact in the following referencing Rules 62-204.800, 62-210.200, 62-210.300, 62-210.310 and 62-213.310, F.A.C.
Rule 62-213.300 is referenced in multiple rules. The amendments would have no impact in the following referencing Rules 62-210.200, 62-210.300, 62-213.400, 62-296.406, 62-296.570 and 62-297.310, F.A.C. The amendments would have the intended impact in the following referencing Rules 62-210.300, and 62-213.300, F.A.C.
Rule 62-213.440, F.A.C., is referenced in and has no impact in the following Rules 62-213.405, 62-213.412, and 62-213.420, F.A.C. The amendments would have the intended impact in the following referencing Rule 62-213.440, F.A.C.
Rule 62-213.900, F.A.C., is referenced in, and the amendments would have the intended impact in the following Rules 62-210.340 and 62-213.300, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this will not have an adverse impact on small business, and it will not, directly or indirectly, increase regulatory costs in excess of $200,000 in the aggregate in Florida within 1 year after implementation of this rule. A SERC has not been prepared by the agency. The agency has determined that legislative ratification is not required.
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, 403.087, 403.0872 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.0872, 403.814 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: Wednesday, May 4, 2011, 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 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 department will accept public comments on the proposed rulemaking, within a 21 day time period, beginning the day following publication of this notice (day one). Comments may be sent to: Florida Department of Environmental Protection, Division of Air Resource Management, Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, Attention: Lynn Scearce, Rules Coordinator, or e-mail to: [e-mail].
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Terri Long at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-213.202 Responsible Official.

(1) through (2) No change.

(3) Any facility initially designating more than one responsible official or changing the list of responsible officials must submit a Responsible Official Notification Form (DEP Form No. 62-213.900(3) 62-213.900(8)) designating all responsible officials for a Title V source, stating which responsible official is the primary responsible official, and providing an effective date for any changes to the list of responsible officials. Each individual listed on the Responsible Official Notification Form must meet the definition of responsible official given at Rule 62-210.200, F.A.C.

(4) A Title V source with only one responsible official shall submit DEP Form No. 62-213.900(3) 62-213.900(8) for a change in responsible official.

(5) No person shall take any action as a responsible official at a Title V source unless designated a responsible official as required by this rule, except that the existing responsible official of any Title V source which had a change in responsible official during the term of the permit and before the effective date of this rule may continue to act as a responsible official until the first submittal of DEP Form No. 62-213.900(3) 62-213.900(8) or the next application for Title V permit, permit revision or permit renewal, whichever comes first.

Rulemaking Specific Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.061, 403.0872 FS. History–New 6-2-02, Amended________.

 

62-213.300 Title V Air General Permits.

(1) Applicability. The following facilities are eligible to operate under the terms of a Title V air general permit issued pursuant to the procedures and conditions of this rule.

(a) Perchloroethylene Ddry Ccleaning Ffacilities. The Title V air general permit for perchloroethylene dry cleaning facilities is no longer effective. The owner or operator of a perchloroethylene dry cleaning facility operating under the authority of this Title V air general permit is automatically authorized to operate under the authority of the air general permit for perchloroethylene dry cleaning facilities at paragraph 62-210.310(5)(f), F.A.C., until the date the authorization to operate under the Title V air general permit would have expired. provided the responsible official submits a completed Perchloroethylene Dry Cleaner Air General Permit Notification Form (DEP Form No. 62-213.900(2)) to the Department at least 30 days prior to beginning operation under this general permit and, throughout the term of the general permit, all of the following conditions are met:

1. The facility operates no emissions units other than perchloroethylene dry cleaning systems and emissions units which are considered insignificant pursuant to the criteria of subparagraph 62-213.300(2)(a)1., F.A.C.;

2. The facility is classified as a small or large area source pursuant to 40 C.F.R. Part 63, Subpart M, adopted and incorporated by reference in Rule 62-204.800, F.A.C.; that is, the facility is a Title V source by virtue of being subject to 40 C.F.R. Part 63, Subpart M, but does not emit any pollutant in a major amount as set forth in paragraphs (a) through (e) of the definition of “major source of air pollution” at Rule 62-210.200, F.A.C.; and

3. The facility complies with all general conditions of subsection 62-213.300(3), F.A.C., and all requirements of Rule 62-296.412, F.A.C., and 40 C.F.R. Part 63, Subparts A and M, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as applicable, except as follows.

a. In lieu of the provisions of 40 C.F.R. § 63.6(e)(3) and 40 C.F.R. § 63.10(d)(5), the responsible official shall maintain onsite a startup, shutdown, malfunction plan for the facility that describes, in detail, procedures for operating and maintaining the equipment during periods of startup, shutdown, and malfunction. The plan may be in the form of an equipment operation manual and shall also specify corrective action for malfunctioning process and air pollution control equipment.

b. During periods of startup, shutdown, and malfunction, the responsible official shall operate and maintain equipment in accordance with the procedures specified in the plan. Records of compliance with the plan shall be kept onsite for a minimum of five years and shall contain a certification statement signed by the responsible official that the documentation is true, accurate, and complete, based upon information and belief formed after reasonable inquiry.

c. If any action is taken which is inconsistent with the plan, the responsible official shall record and report the actions taken in accordance with the requirements of subparagraphs 62-213.300(3)(k)3. and 4., F.A.C. The record shall explain the circumstances of the event, the reason for not following the startup, shutdown, and malfunction plan, and whether any excess emissions or parameter monitoring exceedances are believed to have occurred. Taking actions inconsistent with those in the plan constitutes a violation of a permit condition and shall be subject to the provisions of paragraph 62-213.300(2)(d), F.A.C.

(b) Ethylene Ooxide Ssterilization Ffacilities. The Title V air general permit for ethylene oxide sterilization facilities is no longer effective. The owner or operator of a ethylene oxide sterilization facility operating under the authority of this Title V air general permit is automatically authorized to operate under the authority of the air general permit for ethylene oxide sterilization facilities at paragraph 62-210.310(5)(g), F.A.C., until the date the authorization to operate under the Title V air general permit would have expired. provided the responsible official submits a completed Ethylene Oxide Sterilizers Air General Permit Notification Form (DEP Form No. 62-213.900(3)) to the Department at least 30 days prior to beginning operation under this general permit and, throughout the term of the general permit, all of the following conditions are met:

1. The facility operates no emission units other than ethylene oxide sterilization systems and emissions units which are considered insignificant pursuant to the criteria of subparagraph 62-213.300(2)(a)1., F.A.C.;

2. The facility is classified as a Title V source pursuant to paragraph (f), only, of the definition of “major source of air pollution” at Rule 62-210.200, F.A.C.; that is, the facility is a Title V source by virtue of being subject to 40 C.F.R. Part 63, Subpart O, adopted and incorporated by reference in Rule 62-204.800, F.A.C., but does not emit any pollutant in a major amount as set forth in paragraphs (a) through (e) of the definition of “major source of air pollution”; and

3. The facility complies with all general conditions of subsection 62-213.300(3), F.A.C., and all requirements of 40 C.F.R. Part 63, Subparts A and O, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as applicable.

(c) Halogenated Ssolvent Ddegreasing Ffacilities. The Title V air general permit for halogenated solvent degreasing facilities is no longer effective. The owner or operator of a halogenated solvent degreasing facility operating under the authority of this Title V air general permit is automatically authorized to operate under the authority of the air general permit for halogenated solvent degreasing facilities at paragraph 62-210.310(5)(h), F.A.C., until the date the authorization to operate under the Title V air general permit would have expired., provided the responsible official submits a completed Halogenated Solvent Degreasers Air General Permit Notification Form (DEP Form No. 62-213.900(4)) to the Department at least 30 days prior to beginning operation under this general permit and, throughout the term of the general permit, all of the following conditions are met:

1. The facility operates no emissions units other than degreasing machines and emissions units which are considered insignificant pursuant to the criteria of subparagraph 62-213.300(2)(a)1., F.A.C.;

2. The facility is classified as a Title V source pursuant to paragraph (f), only, of the definition of “major source of air pollution” at Rule 62-210.200, F.A.C.; that is, the facility is a Title V source by virtue of being subject to 40 C.F.R. Part 63, Subpart T, adopted and incorporated by reference in Rule 62-204.800, F.A.C., but does not emit any pollutant in a major amount as set forth in paragraphs (a) through (e) of the definition of “major source of air pollution”; and

3. The facility complies with all general conditions of subsection 62-213.300(3), F.A.C., and all requirements of Rule 62-296.511, F.A.C., and 40 C.F.R. Part 63, Subparts A and T, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as applicable.

(d) Chromium Eelectroplating and Aanodizing Ffacilities. The Title V air general permit for chromium electroplating and anodizing facilities is no longer effective. The owner or operator of a chromium electroplating and anodizing facility operating under the authority of this Title V air general permit is automatically authorized to operate under the authority of the air general permit for chromium electroplating and anodizing facilities at paragraph 62-210.310(5)(i), F.A.C., until the date the authorization to operate under the Title V air general permit would have expired. provided the responsible official submits a completed Chromium Electroplating and Anodizing Air General Permit Notification Form (DEP Form No. 62-213.900(5)) to the Department at least 30 days prior to beginning operation under this general permit and, throughout the term of the general permit, all of the following conditions are met:

1. The facility operates no emissions units other than chromium electroplating and anodizing tanks and emissions units which are considered insignificant pursuant to the criteria of subparagraph 62-213.300(2)(a)1., F.A.C.;

2. The facility is classified as a Title V source pursuant to paragraph (f), only, of the definition of “major source of air pollution” at Rule 62-210.200, F.A.C., that is, the facility is a Title V source by virtue of being subject to 40 C.F.R. Part 63, Subpart N, adopted and incorporated by reference in Rule 62-204.800, F.A.C., but does not emit any pollutant in a major amount as set forth in paragraphs (a) through (e) of the definition of “major source of air pollution”; and

3. The facility complies with all general conditions of subsection 62-213.300(3), F.A.C., and all requirements of 40 C.F.R. Part 63, Subparts A and N, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as applicable.

(e) Asbestos Mmanufacturing and Ffabrication Ffacilities., The Title V air general permit for asbestos manufacturing and fabrication facilities is no longer effective. The owner or operator of a asbestos manufacturing and fabrication facility operating under the authority of this Title V air general permit is automatically authorized to operate under the authority of the air general permit for asbestos manufacturing and fabrication facilities at paragraph 62-210.310(5)(j), F.A.C., until the date the authorization to operate under the Title V air general permit would have expired. provided the facility previously obtained an air construction permit pursuant to subsection 62-210.300(1), F.A.C., the responsible official submits a completed Asbestos Manufacturing and Fabrication Air General Permit Notification Form (DEP Form No. 62-213.900(6)) to the Department at least 30 days prior to beginning operation under this general permit and, throughout the term of the general permit, all of the following conditions are met:

1. The facility operates no emissions units other than asbestos manufacturing and fabrication systems and emissions units which are considered insignificant pursuant to the criteria of subparagraph 62-213.300(2)(a)1., F.A.C.;

2. The facility is classified as a Title V source pursuant to paragraph (f), only, of the definition of “major source of air pollution” at Rule 62-210.200, F.A.C.; that is, the facility is a Title V source by virtue of being subject to 40 CFR Part 61, Subpart M, adopted and incorporated by reference in Rule 62-204.800, F.A.C., but does not emit any pollutant in a major amount as set forth in paragraphs (a) through (e) of the definition of “major source of air pollution”; and

3. The facility complies with all general conditions of subsection 62-213.300(3), F.A.C., and all requirements of 40 CFR Part 61, Subparts A and M, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as applicable.

(f) Secondary Aaluminum Ssweat Ffurnaces. The Title V air general permit for secondary aluminum sweat furnaces is no longer effective. The owner or operator of a secondary aluminum sweat furnace operating under the authority of this Title V air general permit is automatically authorized to operate under the authority of the air general permit for secondary aluminum sweat furnaces at paragraph 62-210.310(5)(k), F.A.C., until the date the authorization to operate under the Title V air general permit would have expired. provided the responsible official submits a completed Secondary Aluminum Sweat Furnace Air General Permit Registration Form (DEP Form No. 62-213.900(9)) to the Department at least 30 days prior to beginning operation under this general permit and, throughout the terms of the general permit, complies with all of the following conditions:

1. The facility operates no emissions units other than the secondary aluminum sweat furnace(s) and emissions units which are considered insignificant pursuant to the criteria of subparagraph 62-213.300(2)(a)1., F.A.C.;

2. The facility is classified as a Title V source pursuant to paragraph (f), only, of the definition of “major source of air pollution” at Rule 62-210.200, F.A.C.; that is, the facility is a Title V source by virtue of being subject to 40 C.F.R. Part 63, Subpart RRR, adopted and incorporated by reference at Rule 62-204.800, F.A.C., but does not emit any pollutant in a major amount as set forth in paragraphs (a) through (e) of the definition of “major source of air pollution”;

3. The facility is not subject to any requirement of 40 C.F.R. Part 61 or 63, other than 40 C.F.R. Part 63, Subparts A and RRR, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; and

4. The facility complies with all general conditions of subsection 62-213.300(3), F.A.C., and all requirements of 40 C.F.R. Part 63, Subparts A and RRR, as applicable, except that:

a. In lieu of conducting a performance test to demonstrate compliance with the emission standard of 40 C.F.R. § 63.1505(f)(2), the owner or operator shall comply with the residence time and operating temperature requirements of 40 C.F.R. § 63.1505(f)(1); and

b. In lieu of submitting a written operation, maintenance, and monitoring plan to the Department, the owner or operator shall prepare and implement a plan that meets the criteria of 40 C.F.R. 63.1510(b), operate the sweat furnace(s) in compliance with the operation, maintenance and monitoring plan at all times, and maintain the plan on-site and available for inspection by the Department.

(2) General Procedures.

(a) Eligibility Determination. The responsible official of the facility shall determine its eligibility for a Title V air general permit pursuant to the applicability criteria of subsection 62-213.300(1), F.A.C.

1. No facility which contains an emissions unit, other than a unit described in a Title V air general permit under this rule or a unit considered insignificant pursuant to this paragraph, shall be eligible to use any air general permit in this rule. No facility is eligible to use more than one air general permit under this rule. For purposes of this rule, an emissions unit or activity shall be considered insignificant if all of the following criteria are met:

a. The emissions unit or activity would be subject to no unit-specific applicable requirement.

b. The emissions unit or activity would neither emit nor have the potential to emit:

(i) 500 pounds per year or more of lead and lead compounds expressed as lead;

(ii) 1,000 pounds per year or more of any hazardous air pollutant;

(iii) 2,500 pounds per year or more of total hazardous air pollutants; or

(iv) 5.0 tons per year or more of any other regulated pollutant.

c. The emissions unit or activity, in combination with other units and activities at the facility, would not cause the facility to emit or have the potential to emit:

(i) 100 tons per year or more of carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, or volatile organic compounds;

(ii) 5 tons per year or more of lead and lead compounds expressed as lead;

(iii) 10 tons per year or more of any hazardous air pollutant;

(iv) 25 tons per year or more of total hazardous air pollutants; or

(v) 100 tons per year or more of any other regulated pollutant.

2. Any facility that would use a Title V air general permit under this rule must surrender all existing air permits authorizing the operation of the facility.

3. If a facility permitted by this rule at any time becomes ineligible for the use of the Title V air general permit and is subject to the source-specific Title V air operation permit requirements of Chapter 62-213, F.A.C., it shall be subject to enforcement action for operating without an air operation permit.

4. Notwithstanding the shield provisions of Rule 62-213.460, F.A.C., any facility utilizing a Title V air general permit will be subject to enforcement action for operation without a permit under Chapter 62-213, F.A.C., if it is determined to be initially ineligible for the air general permit which is being utilized by the facility.

(b) Notification. For each facility intending to operate under the provisions of a Title V air general permit, the responsible official must submit the correct notification form for the specific general permit to be utilized, as set forth in Rule 62-213.900, F.A.C., to give notice to the Department of intent to use one of the air general permits listed in this rule.

(c) Administrative Corrections. Within 30 days of any changes requiring corrections to information contained in the notification form, the responsible official shall notify the Department in writing. Such changes shall include:

1. Any change in name of the responsible official or facility address or phone number;

2. A change in facility status requiring more frequent monitoring or reporting by the responsible official from that noted on the most recent notification form; and

3. Any other similar minor administrative change at the facility.

(d) Violation of Permit. The Title V air general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity is a violation of the permit. The responsible official is placed on notice that violation of the permit constitutes grounds for revocation and suspension pursuant to Rule 62-4.100 and subsection 62-4.530(4), F.A.C., and initiation of enforcement action pursuant to Sections 403.141 through 403.161, F.S. No revocation shall become effective except after notice is served by personal service, certified mail, or newspaper notice pursuant to Section 120.60(5), F.S., upon the person or persons named therein and a hearing held, if requested within the time specified in the notice. The notice shall specify the provision of the law or rule alleged to be violated, or the permit condition or Department order alleged to be violated, and the facts alleged to constitute a violation thereof.

(e) Nullification of Eligibility. Eligibility for use of a Title V air general permit is nullified by:

1. Submission of false or inaccurate information in the notification form for use of the Title V air general permit or in the required reports;

2. Refusal of lawful inspection by Department staff;

3. Failure to submit operational reports or other information required by the general permit; or

4. Failure to timely pay the required annual emissions fee, penalty, or interest.

(f) Any facility eligible to operate under the terms of a Title V air general permit may use the permit 30 days after giving notice to the Department without any agency action.

(3) General Conditions. All terms, conditions, requirements, limitations, and restrictions set forth in this rule are “general permit conditions” and are binding upon the owner or operator and upon the responsible official of any facility utilizing a Title V air general permit pursuant to this rule.

(a) The duration of the general permit is five years. No later than 30 days prior to the fifth anniversary of the filing of intent to use the general permit, the responsible official shall submit a new notice of intent which shall contain all current information regarding the facility. Eligibility to use the general permit is not transferable and does not follow a change in ownership of the facility. Prior to any sale, other change of ownership, or permanent shutdown of the facility, the responsible official is encouraged to notify the Department of the pending action. The owner shall remain liable for corrective actions that may be required as a result of any violations occurring in the time after the sale or legal transfer of the facility, but before a new owner is entitled to use an air general permit.

(b) The owner or operator of the facility must, upon written notice from the Department, submit payment of an annual operation fee in the amount of $50.00. This fee is due and payable annually between January 15 and March 1 for the preceding year during which the facility was in operation and subject to the requirements of this rule and the general permit.

(c) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit.

(d) The general permit does not convey any vested rights or any exclusive privileges, nor does it authorize any injury to public or private property nor any invasion of personal rights. It does not authorize any infringement of federal, state, or local laws or regulations.

(e) The general permit does not relieve the responsible official or the owner or operator of the facility from liability and penalties when the operation of the permitted activity causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the responsible official, owner, or operator to cause pollution in contravention of Florida law.

(f) The general permit conveys no title to land or water, nor does it constitute state recognition or acknowledgment of title.

(g) The responsible official shall make every reasonable effort to conduct the specific activity authorized by the general permit in a manner that will minimize any adverse effects on adjacent property or on public use of the adjacent property, where applicable, and on the environment, including fish, wildlife, natural resource, water quality, or air quality.

(h) The responsible official shall allow a duly authorized representative of the Department access to the permitted facility or activity at reasonable times to inspect and test, upon presentation of credentials or other documents as may be required by law, to determine compliance with the general permit and Department rules.

(i) The responsible official shall maintain any permitted facility or activity in good condition.

(j) The general permit shall be effective until suspended, revoked, surrendered, expired, or nullified pursuant to this rule.

(k) Monitoring and Related Recordkeeping and Reporting Requirements.

1. The responsible official shall maintain records of monitoring information that specify the date, place, time, and operating conditions of measurement; the methodology used; the company or entity which performed the monitoring; and the analytical results. These shall include all calibration and maintenance records, original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the general permit.

2. The responsible official shall retain records of all monitoring data and supporting information for a period of at least five years from the date of collection.

3. The responsible official shall keep records in which all occurrences of deviations from any specific monitoring requirements and from the procedures of any startup, shutdown, and malfunction plan required pursuant to paragraph 62-213.300(1)(a), F.A.C., shall be clearly identified. Reports of these deviations shall be submitted to the Department during facility inspections and also submitted with the annual compliance certification as required by subparagraph 62-213.300(3)(m)2., F.A.C. The responsible official shall certify each report as true, accurate, and complete.

4. The responsible official shall ensure that the Department is promptly notified of deviations from any specific monitoring requirements, including those attributable to upset conditions. Notification shall include the probable cause of such deviations and any corrective actions or preventive measures taken, except that notification shall not be required of actions taken consistent with any startup, shutdown, and malfunction plan required pursuant to paragraph 62-213.300(1)(a), F.A.C. Notification shall be provided within one working day of occurrence of the deviation and may be given by telephone.

(l) Compliance Plan Requirements.

1. For each applicable permit condition with which the facility is not in compliance at the time of giving notice to the Department of intent to use the general permit, and for which the facility has not come into compliance within 30 days after the giving of such notice, the responsible official shall submit to the Department a compliance plan. The compliance plan shall contain measurable and enforceable milestones, including specific dates for completion of each milestone.

2. The responsible official shall notify the Department in writing, within 15 days after the date for completion of each milestone, detailing the achievement of compliance, of progress achieved, requirements met or unmet, corrective measures adopted, and an explanation of any measures not met by the completion date for the compliance milestone. The responsible official shall certify that such notice is complete and accurate. Any deviation from the compliance plan shall constitute a violation of the permit condition and shall be subject to the provisions of paragraph 62-213.300(2)(d), F.A.C.

(m) Compliance Certification.

1. For each applicable requirement with which the facility is in compliance, the responsible official shall submit a statement certifying such compliance to the Department annually. The responsible official shall certify each statement as true, accurate, and complete.

2. The statement of compliance shall identify each term or condition of the permit with which the facility has remained in compliance during the period covered by the statement and shall specify the method used to demonstrate compliance. It shall identify each term or condition of the permit with which the facility has not been in continuous compliance during that reporting period. It shall also include the monitoring report required pursuant to subparagraph 62-213.300(3)(k)3., F.A.C.

3. For those terms or conditions with which the facility has not been in continuous compliance during any reporting period, the statement shall include the exact period of non-compliance, actions taken to achieve compliance, and the method used to demonstrate compliance.

(n) The general permit does not authorize any demolition or renovation of the facility or its parts or components which involves asbestos removal. The permit does not constitute a waiver of any of the requirements of Chapter 62-257, F.A.C., and 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(o) Refrigerant Requirements.

Any facility having appliances or refrigeration equipment, including air conditioning equipment, which uses Class I or II ozone-depleting substances such as chlorofluorocarbons and hydrochlorofluorocarbons listed as refrigerants in 40 CFR Part 82, Subpart A, Appendices A and B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., shall service, repair, and maintain such equipment according to the work practices, personnel certification requirements, reporting and recordkeeping requirements, and certified recycling and recovery equipment specified in 40 CFR Part 82, Subpart F, adopted and incorporated by reference in Rule 62-204.800, F.A.C. No person shall knowingly vent or otherwise release any Class I or II substance into the environment during the repair, servicing, maintenance, or disposal of any such device except as provided in 40 CFR Part 82, Subpart F.

(p) The general permit does not authorize any open burning nor does it constitute any waiver of the requirements of Chapter 62-256, F.A.C.

(q) No person shall circumvent any air pollution control device or allow the emission of air pollutants without the proper operation of all applicable air pollution control devices.

(r) All reports and notices submitted by the facility and all records required to be maintained according to subparagraph 62-213.300(3)(k)3., F.A.C., shall contain a certification statement signed by the responsible official that the documentation is true, accurate, and complete, based upon information and belief formed after reasonable inquiry.

(4) Local Air Program Requirements. Each facility located within the borders of any of the following counties shall also comply with the requirements of that county as set forth below:

(a) Broward County.

(b) Dade County.

(c) Duval County.

1. Pursuant to Jacksonville Environmental Board Rule 2.901, no person shall cause, suffer, allow or permit the discharge of air pollutants which cause or contribute to an objectionable odor.

2. Pursuant to Jacksonville Ordinance Code Chapter 376, any facility that causes or contributes to the emission of objectionable odors which results in the Air Quality Division (AOD) receiving and validating complaints from five or more different households within a 90-day period may be cited for objectionable odors.

(d) Hillsborough County.

(e) Palm Beach County.

Rulemaking Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.814 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 7-7-97, 11-13-97, 2-24-99, 1-3-01, 4-16-01, 4-14-03,_________.

 

62-213.440 Permit Content.

(1) through (2) No change.

(3) Statement of Compliance.

(a) For each applicable requirement, the permit shall contain:

1. through 2. No change.

3. In lieu of requiring a responsible official to individually identify all applicable requirements and specify times of compliance with, noncompliance with, and deviation from each, a provision that a responsible official may use DEP Form No. 62-213.900(2) 62-213.900(7) as such statement of compliance so long as the responsible official specifically identifies all reportable deviations from and all instances of non-compliance with any applicable requirements and includes all information required by the federal regulation relating to each reportable deviation and instance of non-compliance.

(b) No change.

(4) No change.

Rulemaking Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 11-28-93, Amended 4-17-94, Formerly 17-213.440, Amended 11-23-94, 4-18-95, 3-13-96, 3-20-96, 11-13-97, 4-7-98, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02,_________.

 

62-213.900 Forms and Instructions.

The forms used by the Department in the Title V source operation permit program are adopted and incorporated by reference in this section. The forms are listed by rule number, which is also the form number, and with the subject, title, and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Division of Air Resources Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Major Air Pollution Source Annual Emissions Fee Form (Effective 1-3-01).

(2) Perchloroethylene Dry Cleaner Air General Permit Notification Form, Form and Instructions (Effective February 24, 1999).

(3) Ethylene Oxide Sterilizers Air General Permit Notification Form, Form and Instructions (Effective February 24, 1999).

(4) Halogenated Solvent Degreasers Air General Permit Notification Form, Form and Instructions (Effective February 24, 1999).

(5) Chromium Electroplating and Anodizing Air General Permit Notification Form, Form and Instructions (Effective February 24, 1999).

(6) Asbestos Manufacturing and Fabrication Air General Permit Notification Form, Form and Instructions (Effective February 24, 1999).

(2)(7) Statement of Compliance Form. (Effective _______ 6-2-02).

(3)(8) Responsible Official Notification Form. (Effective _______ 6-2-02).

(9) Secondary Aluminum Sweat Furnace Air general Permit Registration form (Effective 4-14-03).

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.0872, 403.814 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.900, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 2-24-99, 1-3-01, 6-2-02, 4-14-03,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ms. Trina L. Vielhauer, Acting Director, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 13, 2011

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