The purpose of the proposed rule amendments (OGC No. 12-0879) is to amend Rule 62-297.310, (containing general air pollutant emissions test requirements) to clarify the requirements and procedures for air emissions tests.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-297.310General Compliance Test Requirements

PURPOSE AND EFFECT: The purpose of the proposed rule amendments (OGC No. 12-0879) is to amend Rule 62-297.310, F.A.C., (containing general air pollutant emissions test requirements) to clarify the requirements and procedures for air emissions tests.

SUMMARY: Amendments will be made to the general air pollutant emissions test requirements to clarify that, unless otherwise stated in a specific rule, permit or other order, the general requirements are to be used for regulated stationary source’s emissions tests for comparison with air pollution emission-limiting standards that are enforceable under state law. The format of the rule is restructured to clarify what testing is required annually, and what testing is required prior to obtaining an air operation permit. The basis of annual testing is changed from once every federal fiscal year to once every calendar year. Rule language is added to allow the electronic submittal of test reports, and redundant rule language that can be found in federal regulations is removed.

OTHER RULES INCORPORATING THIS RULE: 62-210.310, 62-213.415, 62-296.401 and 62-296.414, 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: The Agency determined that the amendments to these rules are necessary to clarify and to remove unnecessary, redundant, and obsolete references related to air emission test procedures and will not increase regulatory costs for 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, 403.0872 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: Cindy Phillips, 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:

 

62-297.310 General Emissions Compliance Test Requirements.

(1) Applicability. Unless otherwise stated in a specific rule, permit, or other order, the general requirements set forth in subsections 62-297.310(2) through (10), F.A.C., shall be used for regulated stationary sources’ emissions tests for comparison with air pollution emission-limiting standards that are enforceable under state law. An emissions test is an emissions rate test, a concentration test, or an opacity test. The focal point of a compliance test is the stack or duct which vents process and/or combustion gases and air pollutants from an emissions unit into the ambient air.

(2)(1) Required Number of Test Runs. For mass emission rate or concentration limitations, a an emissions compliance test shall consist of three valid test runs to determine complete and separate determinations of the total air pollutant emission rate or concentration through the test section of the stack or duct. A valid test run is a test run that meets all requirements of the applicable test method.  An emissions test shall also consist of and three complete and separate distinct determinations of any applicable process parameters variables corresponding to the three distinct test run time periods during which the stack emission rate or concentration was measured when such data are needed in conjunction with emissions data to compare the emissions test results with the applicable emission limiting standards. Such data shall be obtained pursuant to subsection 62-297.310(6), F.A.C.; provided, however, that three complete and separate determinations shall not be required if the process variables are not subject to variation during a compliance test, or if three determinations are not necessary in order to calculate the unit’s emission rate. The three required test runs shall be completed within one consecutive five-day period. In the event that a sample is lost or one of the three runs must be discontinued because of circumstances beyond the control of the owner or operator, and a valid third run cannot be obtained within the five day period allowed for the test, the Secretary or his or her designee may accept the results of the two valid complete runs shall be accepted as proof of compliance, provided that the arithmetic mean of the results of the two valid complete runs is at least 20% below the allowable emission limiting standard.

(3)(2) Operating Conditions Rate dDuring Emissions Testing. Unless otherwise stated in the applicable emission limiting standard rule, Ttesting of emissions shall be conducted with the emissions unit operating at the testing permitted capacity as defined below. If it is impracticable to test at the testing permitted capacity, an emissions unit may be tested at less than the testing maximum permitted capacity. If an emissions unit is tested at less than the testing capacity, another emissions test shall be conducted and completed no later than 60 days after the emissions unit operation exceeds 110% of the capacity at which its most recent emissions test was conducted.; in this case, subsequent emissions unit operation is limited to 110 percent of the test rate until a new test is conducted. Once the unit is so limited, operation at higher capacities is allowed for no more than 15 consecutive days for the purpose of additional compliance testing to regain the authority to operate at the permitted capacity.

(a) No change.

(b) All Other Sources. Testing Permitted capacity is defined as at least 90 to 100 percent of the maximum operation rate specified allowed by the permit.

(4)(3) Calculation of Emission Rate or Concentration. The indicated emission rate or concentration used for comparison with the relevant standard shall be the arithmetic average of the emission rate or concentration determined by each of the three valid separate test runs unless otherwise specified in an a particular test method or applicable rule or test method. Data collected during periods of soot blowing shall not be excluded from any calculation of emission rate or concentration.

(5)(4) Required Sampling Times and Observation Periods. Applicable Test Procedures. Unless otherwise specified in an applicable test method, rule, permit, or other order, the owner or operator shall conduct emissions tests in accordance with the following procedures:

(a) Emission Rate or Concentration Tests. Required Sampling Time.

1. Unless otherwise specified in the applicable rule, Tthe required sampling time for each test run shall be no less than one hour and no greater than four hours, and the sampling time at each sampling point shall be of equal intervals of at least two minutes, except that for operations that are typically completed within less than the minimum required sampling time, the duration of each test run shall include each occurrence of the operation during the minimum required sampling time. The test period shall include the period of typical operation during which the highest representative emissions are expected to occur.

(b)2. Opacity Compliance Tests. When either EPA Method 9 or DEP Method 9 is specified as the applicable opacity test method, the required minimum period of observation for a visible emissions a compliance test shall be sixty (60) minutes for emissions units that are subject to a multiple-valued opacity standard,  which emit or have the potential to emit 100 tons per year or more of particulate matter, and thirty (30) minutes for all other emissions units, except that for batch, cyclical processes, or other operations that are typically completed within less than the minimum observation period, the period of observation shall include each occurrence of the operation during the minimum observation period which have potential emissions less than 100 tons per year of particulate matter and are not subject to a multiple-valued opacity standard. The opacity test observation period shall include the period during which the highest opacity emissions can reasonably be expected to occur. Exceptions to these requirements are as follows:

a. For batch, cyclical processes, or other operations which are normally completed within less than the minimum observation period and do not recur within that time, the period of observation shall be equal to the duration of the batch cycle or operation completion time.

b. The observation period for special opacity tests that are conducted to provide data to establish a surrogate standard pursuant to Rule 62-297.310(5)(k), F.A.C., Waiver of Compliance Test Requirements, shall be established as necessary to properly establish the relationship between a proposed surrogate standard and an existing mass emission limiting standard.

c. The minimum observation period for opacity tests conducted by employees or agents of the department to verify the day-to-day continuing compliance of a unit or activity with an applicable opacity standard shall be twelve minutes.

(b) Minimum Sample Volume. Unless otherwise specified in the applicable rule, the minimum sample volume per run shall be 25 dry standard cubic feet.

(c) Required Flow Rate Range.  For EPA Method 5 particulate sampling, acid mist/sulfur dioxide, and fluoride sampling which uses Greenburg Smith type impingers, the sampling nozzle and sampling time shall be selected such that the average sampling rate will be between 0.5 and 1.0 actual cubic feet per minute, and the required minimum sampling volume will be obtained.

(d) Calibration of Sampling Equipment. Calibration of the sampling train equipment shall be conducted in accordance with the schedule shown in Table 297.310-1.

(e) Allowed Modification to EPA Method 5.  When EPA Method 5 is required, the following modification is allowed: the heater filter may be separated from the impingers by a flexible tube.

TABLE 297.310-1 CALIBRATION SCHEDULE

ITEM	CALIBRATION FREQUENCY	MINIMUM REFERENCE INSTRUMENT	TOLERANCE
Liquid in glass thermometer	Annually	ASTM Hg in glass ref. thermometer or equivalent, or thermometric points	+/-2%
Bimetallic thermometer	Quarterly	Calib. liq. in glass thermometer	5 degrees F
Thermocouple	Annually	ASTM Hg in glass ref. thermometer, NBS calibrated reference and potentiometer	5 degrees F
Barometer	Monthly	Hg barometer of NOAA station	+/-1% scale
Pitot Tube	When required or when damaged	By construction or measurements in wind tunnel D greater than 16" and standard pitot tube	See EPA Method 2, Fig. 2-2 & 2-3
Probe Nozzles	Before each test or when nicked, dented, or corroded	Micrometer	+/-0.001" mean of at least three readings Max. deviation between readings, .004"
Dry Gas Meter and Orifice Meter	1. Full Scale: When received, When 5% change observed, Annually 2. One Point: Semiannually 3. Check after each test series	Spirometer or calibrated wet test or dry gas test meter   Comparison check	2%       5%

(6)(5) Determination of Process Parameters Variables.

(a) Required Process Equipment. The owner or operator of an emissions unit for which emissions compliance tests are required shall install, operate, and maintain equipment or instruments necessary to determine process parameters, variables, such as process weight input or heat input, when such data are needed in conjunction with emissions data to compare emissions test results determine the compliance of the emissions unit with applicable emission limiting standards.

(b) Accuracy of Process Measurement Equipment. Equipment or instruments used to directly or indirectly determine process parameters variables, including devices such as belt scales, weight hoppers, flow meters, and tank scales, shall be calibrated and adjusted so as to determine the value of the process parameter to indicate the true value of the parameter being measured with sufficient accuracy to allow the applicable process variable to be determined within 10 percent % of its true value.

(7)(6) Required Emissions Testing Stack Sampling Facilities. Sampling facilities include sampling ports, work platforms, access to work platforms, electrical power, and sampling equipment support. All stack sampling facilities must meet any Occupational Safety and Health Administration (OSHA) Safety and Health Standards described in 29 CFR Part 1910, Subparts D and E.

(a) The owner or operator of an emissions unit, for which an emissions test other than a visible emissions test is required, shall provide emissions testing facilities that meet the requirements of 40 CFR 60.8(e), adopted and incorporated in Rule 62-204.800, F.A.C.

(b)(a) Permanent Emissions Testing Test Facilities. The owner or operator of an emissions unit, for which a an emissions compliance test, other than a visible emissions test, is required on at least an annual basis, shall install and maintain permanent emissions testing stack sampling facilities.

(c)(b) Temporary Emissions Testing Test Facilities. The owner or operator of an emissions unit that is not required to conduct an emissions a compliance test on at least an annual basis may use permanent or temporary emissions testing stack sampling facilities. If the owner or operator chooses to use temporary emissions testing sampling facilities on an emissions unit, and the Ddepartment elects to test the unit, such temporary facilities shall be installed on the emissions unit within 5 days of a request by the Ddepartment and remain on the emissions unit until the test is completed.

(c) Sampling Ports.

1. All sampling ports shall have a minimum inside diameter of 3 inches.

2. The ports shall be capable of being sealed when not in use.

3. The sampling ports shall be located in the stack at least 2 stack diameters or equivalent diameters downstream and at least 0.5 stack diameter or equivalent diameter upstream from any fan, bend, constriction or other flow disturbance.

4. For emissions units for which a complete application to construct has been filed prior to December 1, 1980, at least two sampling ports, 90 degrees apart, shall be installed at each sampling location on all circular stacks that have an outside diameter of 15 feet or less. For stacks with a larger diameter, four sampling ports, each 90 degrees apart, shall be installed. For emissions units for which a complete application to construct is filed on or after December 1, 1980, at least two sampling ports, 90 degrees apart, shall be installed at each sampling location on all circular stacks that have an outside diameter of 10 feet or less. For stacks with larger diameters, four sampling ports, each 90 degrees apart, shall be installed. On horizontal circular ducts, the ports shall be located so that the probe can enter the stack vertically, horizontally or at a 45 degree angle.

5. On rectangular ducts, the cross sectional area shall be divided into the number of equal areas in accordance with EPA Method 1. Sampling ports shall be provided which allow access to each sampling point. The ports shall be located so that the probe can be inserted perpendicular to the gas flow.

(d) Work Platforms.

1. Minimum size of the work platform shall be 24 square feet in area. Platforms shall be at least 3 feet wide.

2. On circular stacks with 2 sampling ports, the platform shall extend at least 110 degrees around the stack.

3. On circular stacks with more than two sampling ports, the work platform shall extend 360 degrees around the stack.

4. All platforms shall be equipped with an adequate safety rail (ropes are not acceptable), toeboard, and hinged floor-opening cover if ladder access is used to reach the platform. The safety rail directly in line with the sampling ports shall be removable so that no obstruction exists in an area 14 inches below each sample port and 6 inches on either side of the sampling port.

(e) Access to Work Platform.

1. Ladders to the work platform exceeding 15 feet in length shall have safety cages or fall arresters with a minimum of 3 compatible safety belts available for use by sampling personnel.

2. Walkways over free-fall areas shall be equipped with safety rails and toeboards.

(f) Electrical Power.

1. A minimum of two 120-volt AC, 20-amp outlets shall be provided at the sampling platform within 20 feet of each sampling port.

2. If extension cords are used to provide the electrical power, they shall be kept on the plant’s property and be available immediately upon request by sampling personnel.

(g) Sampling Equipment Support.

1. A three-quarter inch eyebolt and an angle bracket shall be attached directly above each port on vertical stacks and above each row of sampling ports on the sides of horizontal ducts.

a. The bracket shall be a standard 3 inch × 3 inch × one-quarter inch equal-legs bracket which is 1 and one-half inches wide. A hole that is one-half inch in diameter shall be drilled through the exact center of the horizontal portion of the bracket. The horizontal portion of the bracket shall be located 14 inches above the centerline of the sampling port.

b. A three-eighth inch bolt which protrudes 2 inches from the stack may be substituted for the required bracket. The bolt shall be located 15 and one-half inches above the centerline of the sampling port.

c. The three-quarter inch eyebolt shall be capable of supporting a 500 pound working load. For stacks that are less than 12 feet in diameter, the eyebolt shall be located 48 inches above the horizontal portion of the angle bracket. For stacks that are greater than or equal to 12 feet in diameter, the eyebolt shall be located 60 inches above the horizontal portion of the angle bracket. If the eyebolt is more than 120 inches above the platform, a length of chain shall be attached to it to bring the free end of the chain to within safe reach from the platform.

2. A complete monorail or dualrail arrangement may be substituted for the eyebolt and bracket.

3. When the sample ports are located in the top of a horizontal duct, a frame shall be provided above the port to allow the sample probe to be secured during the test.

(8)(7) Frequency of Emissions Compliance Tests. The following provisions apply only to those emissions units that are subject to an emissions-limiting standard for which emissions compliance testing is required.

(a) Annual Emissions Tests Required.

1. Where used in Rule 62-210.310, Rule 62-297.310, or Chapter 62-296, F.A.C., to refer to frequency of required emissions tests, the terms “annual,” “annually,” and “annually thereafter” shall mean no less frequently than once every calendar year (January 1 – December 31).

2. Unless exempted by subparagraph 62-297.310(8)(a)5., F.A.C., the owner or operator shall have an emissions unit tested annually for each of the following pollutants that has an emissions-limiting standard for which emissions testing is required:

a. Each hazardous air pollutant regulated by 40 CFR Part 61, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; or

b. Any other regulated air pollutant, as defined at Rule 62-210.200, F.A.C., or a pollutant designated as a surrogate to a regulated air pollutant by an applicable rule or order, if allowable emissions equal or exceed 100 tons per year.

3. Unless exempted by subparagraph 62-297.310(8)(a)5., F.A.C., the owner or operator shall have an emissions unit tested annually for visible emissions, if there is an applicable standard other than the general opacity standard of subparagraph 62-296.320(4)(b)1., F.A.C.

4. Unless exempted by subparagraph 62-297.310(8)(a)5., F.A.C., the owner or operator shall have an emissions unit tested annually if a rule, permit or other order issued after [the effective date of this subparagraph] requires an initial emissions test but is silent as to the frequency of additional testing.  A rule, permit, or other order  that states that no further testing is required after an initial test, or which expressly lists or describes the tests that shall be conducted annually, is not considered silent as to the frequency of additional testing. Annual testing is not required where a permit or other order issued prior to [the effective date of this subparagraph] is silent as to the frequency of additional testing.

5. Exemptions from subparagraphs 62-297.310(8)(a)2., 3., and 4., F.A.C.

a. An annual emissions test shall not be required for any pollutant for which a rule, permit, or other order requires emissions testing at some other specific frequency. If multiple applicable rules, permits, or other orders, other than subparagraphs 62-297.310(8)(a)2., 3., and 4., F.A.C., require different testing frequencies, testing must comply with the frequency requirements of each such rule, permit, or order.

b. An annual emissions test shall not be required for any pollutant for which a rule, permit, or other order requires that the pollutant emissions be measured by a continuous emission monitoring system and, either that system meets the performance specifications and quality assurance and quality control measures of 40 CFR part 60, adopted and incorporated in Rule 62-204.800, F.A.C., or that system meets the performance specifications and quality assurance and quality control measures of 40 CFR part 75, adopted and incorporated in Rule 62-204.800, F.A.C.

c. An annual emissions test shall not be required for visible emissions for which a rule, permit, or other order requires that emissions be measured by a continuous opacity monitoring system, and that system meets the performance specifications and quality assurance and quality control measures of 40 CFR part 60, adopted and incorporated in Rule 62-204.800, F.A.C., and the manufacturer’s recommended quality assurance and quality control measures.

d. An annual emissions test shall not be required for any emissions unit that operated for 400 hours or less (including during startup and shutdown) during the calendar year.  If an emission unit operates for more than 400 hours during the calendar year, an emissions test shall be completed no later than 60 days after the emissions unit’s annual operation exceeds 400 hours, or by the end of the calendar year, whichever is later.

e. An annual emissions test shall not be required for any emissions unit with emissions generated solely from the combustion of fuel, provided that the emissions unit does not burn any liquid fuel or solid fuel or fuel blend for more than 400 hours combined, other than during startup, during the calendar year. If an emissions unit’s liquid fuel or solid fuel or fuel blend burning exceeds 400 hours combined during the calendar year, other than during startup, an emissions test shall be completed no later than 60 days after the emissions unit’s liquid fuel or solid fuel or fuel blend burning exceeds 400 hours combined, or by the end of the calendar year, whichever is later.

f. An annual emissions test shall not be required for each fuel-specific emissions limit, provided the fuel or fuel blend subject to a fuel-specific limit was not burned for more than 400 hours, other than during startup, during the calendar year.  If an emissions unit burns a fuel or fuel blend subject to a fuel-specific emission limit for more than 400 hours, other than during startup, during the calendar year, an emissions test for that fuel or fuel blend shall be completed no later than 60 days after the unit’s burning of that fuel or fuel blend exceeds 400 hours, or by the end of the calendar year, whichever is later.

g. An emissions unit shall not be required to start up for the sole purpose of conducting an emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C. In such a case, an emissions test shall be completed no later than 60 days after the emissions unit next starts up.

h. An emissions unit permitted to burn multiple fuels or fuel blends shall not be required to switch fuels for the sole purpose of conducting an annual emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C.  In such a case, an emissions test shall be completed no later than 60 days after a switch is made to burn the fuel or fuel blend for which testing is required.

i. An annual emissions test for visible emissions shall not be required for emissions units exempted from air permitting pursuant to paragraph 62-210.300(3)(a) or (b), F.A.C.; emissions units determined to be insignificant pursuant to paragraph 62-213.430(6)(b), F.A.C.; or emissions units authorized pursuant to the general permit provisions in subsection 62-210.300(4), F.A.C., unless the general permit specifically requires such testing.

(b) Emissions Tests Prior to Obtaining an Air Operation Permit.

1. Unless exempted by subparagraph 62-297.310(8)(b)3., F.A.C., prior to obtaining an initial or renewal air operation permit for any emissions unit that is subject to any emission-limiting standard, the owner or operator shall have an emissions test conducted for each such standard to assist in providing reasonable assurance, per Rule 62-4.070, F.A.C., that the emission-limiting standard can be met and shall submit the test report as specified in subsection 62-297.310(10), F.A.C. For an emissions unit at a Title V source, such prior emissions testing is not required provided that an emissions testing compliance plan is included in the Title V permit.

2. For the purpose of renewal of an air operation permit, the owner or operator may satisfy the requirements of subparagraph 62-297.310(8)(b)1., F.A.C., for any emissions unit by submitting the most recent emissions test, as specified in subsection 62-297.310(10), F.A.C., provided such test occurred within the term of the current operating permit.

3. Exemptions from subparagraph 62-297.310(8)(b)1., F.A.C.

a. An emissions test shall not be required for any pollutant for which a rule, permit, or other order requires that the emissions be measured by a continuous emission monitoring system and, either that system meets the performance specifications and quality assurance and quality control measures of 40 CFR part 60, adopted and incorporated in Rule 62-204.800, F.A.C., or that system meets the performance specifications and quality assurance and quality control measures of 40 CFR part 75, adopted and incorporated in Rule 62-204.800, F.A.C.

b. An emissions test shall not be required for visible emissions for which a rule, permit, or other order requires that emissions be measured by a continuous opacity monitoring system, and that system meets the performance specifications and quality assurance and quality control measures of 40 CFR part 60, adopted and incorporated in Rule 62-204.800, F.A.C., and the manufacturer’s recommended quality assurance and quality control measures.

c. For the purpose of renewal of an air operation permit, an emissions test shall not be required for any emissions unit that, in the previous five-year period of permitted operation, operated for 400 hours or less (including during startup and shutdown) during each calendar year included in the five-year period of permitted operation. The first time an emissions unit subsequently exceeds 400 hours of operation during a calendar year, emissions must be tested no later than 60 days after 400 hours of operation is exceeded in that calendar year, or by the end of that calendar year, whichever is later.

d. For the purpose of renewal of an air operation permit, an emissions test shall not be required for any emissions unit with emissions generated solely from the combustion of fuel provided that, in the previous five-year period of permitted operation, the emissions unit did not burn any liquid fuel or solid fuel or fuel blend for more than 400 hours combined, other than during startup, during each calendar year included in the five-year period of permitted operation. The first time an emissions unit subsequently burns any liquid fuel or solid fuel or fuel blend for more than 400 hours combined during a calendar year, emissions must be tested no later than 60 days after the emissions unit’s combined burning of any liquid fuel or solid fuel or fuel blend exceeds 400 hours in that calendar year, or by the end of that calendar year, whichever is later.

e. An emissions test shall not be required for each fuel-specific emissions limit prior to the renewal of an air operation permit for an emissions unit provided that, in the previous five-year period of permitted operation, the fuel or fuel blend subject to a fuel-specific limit was not burned for more than 400 hours, other than during startup, during each calendar year included in the five-year period of permitted operation.  The first time an emissions unit subsequently burns a fuel or fuel blend subject to a fuel-specific emission limit for more than 400 hours, other than during startup, during any calendar year, an emissions test for that fuel or fuel blend must be completed no later than 60 days after the emissions unit’s burning of that fuel or fuel blend exceeds 400 hours in that calendar year, or by the end of that calendar year, whichever is later.

f. An emissions unit shall not be required to start up for the sole purpose of conducting an emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C. In such a case, an emissions test shall be completed no later than 60 days after the emissions unit starts up.

g. An emissions unit permitted to burn multiple fuels or fuel blends shall not be required to switch fuels for the sole purpose of conducting the emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C.  In such a case, an emissions test shall be completed no later than 60 days after a switch is made to burn the fuel or fuel blend for which testing is required.

h. An emissions test for visible emissions shall not be required for emissions units exempted from air permitting pursuant to paragraph 62-210.300(3)(a) or (b), F.A.C.; emissions units determined to be insignificant pursuant to paragraph 62-213.430(6)(b), F.A.C.; or emissions units authorized pursuant to the general permit provisions in subsection 62-210.300(4), F.A.C., unless the general permit specifically requires such testing.

(a) General Compliance Testing.

1. The owner or operator of a new or modified emissions unit that is subject to an emission limiting standard shall conduct a compliance test that demonstrates compliance with the applicable emission limiting standard prior to obtaining an operation permit for such emissions unit.

2. For excess emission limitations for particulate matter specified in Rule 62-210.700, F.A.C., a compliance test shall be conducted annually while the emissions unit is operating under soot blowing conditions in each federal fiscal year during which soot blowing is part of normal emissions unit operation, except that such test shall not be required in any federal fiscal year in which a fossil fuel steam generator does not burn liquid and/or solid fuel for more than 400 hours other than during startup.

3. The owner or operator of an emissions unit that is subject to any emission limiting standard shall conduct a compliance test that demonstrates compliance with the applicable emission limiting standard prior to obtaining a renewed operation permit. Emissions units that are required to conduct an annual compliance test may submit the most recent annual compliance test to satisfy the requirements of this provision. In renewing an air operation permit pursuant to sub-subparagraph 62-210.300(2)(a)3.b., c., or d., F.A.C., the Department shall not require submission of emission compliance test results for any emissions unit that, during the year prior to renewal:

a. Did not operate; or

b. In the case of a fuel burning emissions unit, burned liquid and/or solid fuel for a total of no more than 400 hours,

4. During each federal fiscal year (October 1 – September 30), unless otherwise specified by rule, order, or permit, the owner or operator of each emissions unit shall have a formal compliance test conducted for:

a. Visible emissions, if there is an applicable standard;

b. Each of the following pollutants, if there is an applicable standard, and if the emissions unit emits or has the potential to emit: 5 tons per year or more of lead or lead compounds measured as elemental lead; 30 tons per year or more of acrylonitrile; or 100 tons per year or more of any other regulated air pollutant; and

c. Each NESHAP pollutant, if there is an applicable emission standard.

5. An annual compliance test for particulate matter emissions shall not be required for any fuel burning emissions unit that, in a federal fiscal year, does not burn liquid and/or solid fuel, other than during startup, for a total of more than 400 hours.

6. For fossil fuel steam generators on a semi-annual particulate matter emission compliance testing schedule, a compliance test shall not be required for any six-month period in which liquid and/or solid fuel is not burned for more than 200 hours other than during startup.

7. For emissions units electing to conduct particulate matter emission compliance testing quarterly pursuant to paragraph 62-296.405(2)(a), F.A.C., a compliance test shall not be required for any quarter in which liquid and/or solid fuel is not burned for more than 100 hours other than during startup.

8. Any combustion turbine that does not operate for more than 400 hours per year shall conduct a visible emissions compliance test once per each five-year period, coinciding with the term of its air operation permit.

9. The owner or operator shall notify the Department, at least 15 days prior to the date on which each formal compliance test is to begin, of the date, time, and place of each such test, and the test contact person who will be responsible for coordinating and having such test conducted for the owner or operator.

10. An annual compliance test conducted for visible emissions shall not be required for units exempted from air permitting pursuant to subsection 62-210.300(3), F.A.C.; units determined to be insignificant pursuant to subparagraph 62-213.300(2)(a)1., F.A.C., or paragraph 62-213.430(6)(b), F.A.C.; or units permitted under the General Permit provisions in paragraph 62-210.300(4)(a) or Rule 62-213.300, F.A.C., unless the general permit specifically requires such testing.

(c)(b) Special Compliance Tests. When the Department, after investigation, has good reason (such as complaints, increased visible emissions, or questionable maintenance of control equipment) to believe that any applicable emission standard contained in a Department rule or in a permit issued pursuant to those rules is being violated, it shall require the owner or operator of the emissions unit to conduct compliance tests which identify the nature and quantity of pollutant emissions from the emissions unit, unless the Department obtains other information sufficient to demonstrate compliance. The owner or operator of the emissions unit shall and to provide a report on the results of said tests to the Department in accordance with the provisions of subsection 62-297.310(10), F.A.C.

(c) Waiver of Compliance Test Requirements. If the owner or operator of an emissions unit that is subject to a compliance test requirement demonstrates to the Department, pursuant to the procedure established in Rule 62-297.620, F.A.C., that the compliance of the emissions unit with an applicable weight emission-limiting standard can be adequately determined by means other than the designated test procedure, such as specifying a surrogate standard of no visible emissions for particulate matter sources equipped with a bag house or specifying a fuel analysis for sulfur dioxide emissions, the Department shall waive the compliance test requirements for such emissions units and order that the alternate means of determining compliance be used, provided, however, the provisions of paragraph 62-297.310(7)(b), F.A.C., shall apply.

(9) Scheduling and Notification. At least 15 days prior to the date on which each required emissions test is to begin, the owner or operator shall notify the air compliance program identified by permit, unless shorter notice is agreed to by the appropriate air compliance program. The notification shall include the date, time, place of each such test, Facility ID Number, Emission Unit ID Number(s) and description(s), Emission Point Number(s) and description(s), test method(s), pollutant(s) to be tested, along with the name and telephone number of the person who will be responsible for conducting such test(s) for the owner or operator. If a scheduled emissions test needs to be re-scheduled, the owner or operator shall submit to the appropriate air compliance program a revised notification at least seven days prior to the re-scheduled emissions test date or arrange a re-scheduled test date with the appropriate air compliance program by mutual agreement.

(10)(8) Test Reports.

(a) The owner or owner’s authorized agent operator of an emissions unit for which a an emissions compliance test is required shall submit file a written test report to the compliance authority specified by permit, with the department on the results of each such test as soon as practicable but no later than 45 days after the last run of each test is completed. Test reports may be submitted electronically.

(b) If the owner or owner’s authorized agent of an emissions unit for which an emissions test is required submits the results of each such test electronically using the EPA Electronic Reporting Tool (ERT), the written report specified in paragraph 62-297.310(10)(a), F.A.C, need not be submitted, provided the conditions of subparagraphs 62-297.310(10)(b)1. through 3., F.A.C., are met:

1.  The owner or owner’s authorized agent shall submit the test information using the ERT as soon as practicable but no later than 45 days after the last run of each test is completed;

2. The test information shall provide, as a minimum, the information specified in subparagraphs 62-297.310(10)(c)1. through 24., F.A.C.; and

3. The compliance authority specified by permit must receive written notification, no later than 45 days after the last run of each test is completed, of the date that the test data was submitted using the ERT.

The required report shall be filed with the department as soon as practical but no later than 45 days after the last sampling run of each test is completed.

(c) The test report shall provide sufficient detail on the emissions unit tested and the test procedures used to allow the Department to determine if the test was properly conducted and the test results properly computed. As a minimum, the test report, other than for an EPA or DEP Method 9 test, shall provide the following information:

1. The type, location, and identification number designation of the emissions unit tested.

2. No change.

3. The owner and, if other than the owner, or operator of the emissions unit.

4. The normal type and amount of fuels used and materials typically used and processed, and the actual types and amounts of fuels used and material processed during each test run.

5. If necessary in order to compare the emissions test results with an applicable emission limiting standard, tThe means, raw data, and computations used to determine the amount of fuels used and materials processed, if necessary to determine compliance with an applicable emission limiting standard.

6. The type of air pollution control devices installed on the emissions unit, their general condition, their typical normal operating parameters (pressure drops, total operating current, and GPM scrubber water), and their actual operating parameters during each test run.

7. A diagram sketch of the sampling location duct within 8 stack diameters upstream and 2 stack diameters downstream of the sampling ports, including the distance to any upstream and downstream bends or other flow disturbances.

8. The date, starting time, and duration of each sampling run.

9. The test procedures used, including any authorized alternative procedures, used authorized pursuant to Rule 62-297.620, F.A.C. Where optional procedures are authorized in this chapter, indicate which option was used.

10. The number of points sampled, and the configuration and location of the sampling plane.

11. For each sampling point for each run, the dry gas meter reading, velocity head, pressure drop across the stack or duct, temperatures, average meter temperatures, and sample time per point.

12. The type, manufacturer, and configuration of the sampling equipment used.

13. No change.

14. Data on the identification, processing, and weights of all filters used.

15. No change.

16. For each sampling run, dData on the amount of pollutant collected from each sampling probe, the filters, and the impingers, are reported separately for the compliance test.

17. For each sampling run, data on the amount of pollutant collected from the filters.

18. For each sampling run, data on the amount of pollutant collected from the impingers.

17. through 18. renumbered 19. through 20. No change.

21.19. The detailed calculations for one run that relate the collected data to the calculated emission rate or concentration, as applicable.

22.20. The applicable emission standard, and the resulting maximum allowable emission rate or concentration for the emissions unit, as applicable, plus the test result in the same form and unit of measure.

23.21. A certification that, to the knowledge of the owner or his authorized agent, all data submitted are true and correct. When an emissions a compliance test is conducted for the Department or its agent, the person who conducts the test shall provide the certification with respect to the test procedures used. The owner or owner’s his authorized agent shall certify that all data required and provided to the person conducting the test are true and correct to his or her knowledge.

24. For non-Title V sources, a certification by the owner or owner’s authorized agent that, to his or her knowledge, all data submitted are true and correct.

25. Any report submitted for a Title V source shall contain certification by a responsible official. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(9) The terms stack and duct are used interchangeably in this rule.

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–Formerly 17-2.700(1)(b), 17-297.310, Amended 11-23-94, 3-13-96, 10-28-97, 3-2-99,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Phillips, 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 3, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 5, 2013