The purpose of this rule revision is to update subsection 62-210.900(5), F.A.C., the instructions to the Annual Operating Report for Air Pollutant Emitting Facility, and subsections 62-210.900(1) and (3), F.A.C., the instructions to two air permit ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Air Resource Management

RULE NO.:RULE TITLE:

62-210.900Forms and Instructions

PURPOSE AND EFFECT: The purpose of this rule revision is to update subsection 62-210.900(5), F.A.C., the instructions to the Annual Operating Report for Air Pollutant Emitting Facility, and subsections 62-210.900(1) and (3), F.A.C., the instructions to two air permit application forms, each of which contains an appendix of pollutant identification codes. As new federal regulations for additional pollutants are promulgated, these appendices require periodic updating to include the additional pollutants in the list of pollutant identification codes. The updates to the proposed forms are available through the Regulatory Projects link on the Division’s website at www.dep.state.fl.us/air. The proposed rule amendments will also provide clarifications to facilitate the completion and processing of the forms and provide links to other forms that have not been updated to provide consistency.

SUMMARY: The proposed rule amendments address forms and instructions related to air pollution control.

OTHER RULES INCORPORATING RULE 62-210.900, F.A.C.:  62-4.120, 62-210.200, 62-210.300, 62-210.310, 62-210.370, 62-212.720, 62-213.405, 62-213.413, 62-213.415, 62-213.420, 62-213.430, 62-214.320, 62-214.340, and 62-214.360, F.A.C.

EFFECT ON THOSE OTHER RULES: Where subsections 62-210.900(1), (3), or (5), F.A.C., are referenced in the listed other rules, the revisions to Rule 62-210.900, F.A.C., will provide the use of updated and clarified forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Department has determined that amendment of this rule will not have an adverse impact on small business or likely increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. The Department has not prepared a statement of estimated regulatory costs (SERC). The Department 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 Department has determined that the amendments to this rule and the proposed application forms will not increase regulatory costs for any entity because the additional information requested by the forms must be completed only if the entity is already required by regulation to provide that information. Any person who wishes to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061, FS.

LAW IMPLEMENTED: 403.061, 403.087, 403.0872, 403.815, 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:

 

62-210.900 Forms and Instructions.

The forms used by the Department in the stationary source control program are adopted and incorporated by reference in this section. The forms are listed by rule number, which is also the form number, with the subject, title and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or by accessing the Division’s website at www.dep.state.fl.us/air. The requirement of subsection 62-4.050(2), F.A.C., to file application forms in quadruplicate is waived if an air permit application is submitted using the Department’s electronic application form.

(1) Application for Air Permit – Long Form, Form and Instructions (DEP Form No. 62-210.900(1), Effective _______ (link) 3-11-10).

(a) Acid Rain Part Application, Form and Instructions (DEP Form No. 62-210.900(1)(a), Effective 3-16-08 (link)).

1. Phase II NOX Averaging Plan, Form (DEP Form No. 62-210.900(1)(a)1., Effective 3-16-08 (link)).

2. Acid Rain New Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(a)2., Effective 3-16-08 (link)).

3. Phase II NOX Compliance Plan, Form and Instructions (DEP Form No. 62-210.900(1)(a)3., Effective 3-11-10 (link)).

(b) Clean Air Interstate Rule (CAIR) Part, Form and Instructions (DEP Form No. 62-210.900(1)(b), Effective 3-16-08 (link)).

(c) Acid Rain and CAIR Retired Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(c), Effective 3-11-10 (link)).

(2) No change.

(3) Application for Air Permit – Non-Title V Source, Form and Instructions (DEP Form No. 62-210.900(3), Effective ________ (link)2-11-99).

(4) Application for Non-Title V Air Permit Renewal, Form and Instructions (DEP Form No. 62-210.900(4), Effective 2-11-99 (link)).

(5) Annual Operating Report for Air Pollutant Emitting Facility [Including Title V Source Emission Fee Calculation], Form and Instructions (DEP Form No. 62-210.900(5), Effective ________, (link)August 2014,http://www.flrules.org/Gateway/reference.asp?No=Ref-04466).

(6) Facility Relocation Notification Form (Effective 6-21-01 (link)).

(7) Application for Transfer of Air Permit – Title V and Non-Title V Source (DEP Form No. 62-210.900(7), Effective 10-12-08 (link)).

Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.087, 403.0872, 403.815 FS. History–New 2-9-93, Amended 7-20-94, Formerly 17-210.900, Amended 11-23-94, 7-6-95, 3-21-96, 1-6-98, 2-11-99, 4-16-01, 6-21-01, 6-16-03, 2-2-06, 3-16-08, 7-3-08, 10-12-08, 3-11-10, 12-31-13, 8-25-14, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Cindy Phillips, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 31, 2017

DATE OF NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 8, 2016