The purpose of the proposed rule amendments (OGC No. 13-1429) is to amend the above listed rules in Chapter 62-210, F.A.C, to make clarifications and technical corrections to recent rule amendments.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-210.200Definitions

62-210.370Emissions Computation and Reporting

62-210.900Forms and Instructions

PURPOSE AND EFFECT: The purpose of the proposed rule amendments (OGC No. 13-1429) is to amend the above listed rules in Chapter 62-210, F.A.C, to make clarifications and technical corrections to recent rule amendments.

SUMMARY: The Department intends to modify the definition of Acid Mist to conform to the purpose of EPA test method 8. In addition, the title of the referenced federal appendix in subsection 62-210.200(1), F.A.C., is to be changed from “Appendix A” to “Appendix A-4”; and the language in paragraph 62-210.370(3)(c), F.A.C., will be revised to make it clear that a Title V source may claim that using the DEP’s electronic annual operating report software is a technical or financial hardship simply by submitting DEP Form No. 62-210.900(5) to the DEP Division of Air Resource Management instead of using the reporting software. This clarification will also be made in the corresponding instructions to DEP Form No. 62-210.900(5) Annual Operating Report for Air Pollutant Emitting Facility [Including Title V Source Emissions Fee Calculation]. Several non-substantive changes will also be made to DEP Form No. 62-210.900(5).

OTHER RULES INCORPORATING THESE RULES: 62-4.050; 62-110.104, 62-210.220; 62-210.300; 62-210.310; 62-212.300; 62-212.500; 62-212.720; 62-213.202; 62-213.400; 62-213.405; 62-213.410; 62-213.412; 62-213.413; 62-213.415; 62-213.420; 62-213.430; 62-213.440; 62-214.100; 62-214.320; 62-214.340; 62-214.360; 62-296.100; 62-296.340; 62-296.341; 62-296.401; 62-296.417; 62-296.470; 62-296.480; 62-296.600; 62-555.320 and 62-701.200, 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 Department determined that the amendments to these rules are necessary to clarify regulations related to air emission 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, 403.8055 FS.

LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.0872, 403.8055, 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:

 

62-210.200 Definitions.

The following words and phrases when used in this chapter and in Chapters 62-204, 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:

(1) “Acid Mist” – Liquid drops of any size of any acid including sulfuric acid, sulfur dioxide and sulfur trioxide, hydrochloric acid, and nitric acid as measured by EPA test method 8, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(2) through (306) No change.

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.8055 FS. History–Formerly 17-2.100, Amended 2-9-93, 11-28-93, Formerly 17-210.200, Amended 11-23-94, 4-18-95, 1-2-96, 3-13-96, 3-21-96, 8-15-96, 10-7-96, 10-15-96, 5-20-97,11-13-97, 2-5-98, 2-11-99, 4-16-01, 2-19-03, 4-1-05, 7-6-05, 2-2-06, 4-1-06, 9-4-06, 9-6-06, 1-10-07, 5-9-07, 7-16-07, 3-16-08, 10-12-08, 6-29-09, 3-11-10, 6-29-11, 12-4-11, 3-28-12, 10-23-13,_________.

 

62-210.370 Emissions Computation and Reporting.

(1) through (2) No change.

(3) Annual Operating Report (AOR) for Air Pollutant Emitting Facility.

(a) through (b) No change.

(c) By April 1 of the year following each calendar year, an annual operating report shall be submitted to the appropriate Department of Environmental Protection (DEP) division, district or DEP-approved local air pollution control program office. However, if the annual operating report is submitted using the DEP’s electronic annual operating report software, there is no requirement to submit DEP Form No. 62-210.900(5) to any DEP or local air program office. Each Title V source shall submit the annual operating report using the DEP’s electronic annual operating report software, unless the Title V source claims a technical or financial hardship can be demonstrated to the DEP Division of Air Resource Management. A technical or financial hardship is claimed by submitting DEP Form No. 62-210.900(5) to the DEP Division of Air Resource Management at:

AOR and Major Air Pollution Source Annual Emissions Fee

P. O. Box 3070

Tallahassee, Florida 32315-3070.

(See http://www.dep.state.fl.us/air/emission/eaor/ for information regarding annual operating reports.) Any Title V Source requesting a hardship exemption shall submit DEP Form No. 62-210.900(5) to the DEP Division of Air Resource Management instead of using the reporting software.

(d) No change.

(4) No change.

Rulemaking Authority 403.061 FS. Law Implemented 20.255(8), 403.031, 403.061, 403.087, 403.0872 FS. History–New 2-9-93, Formerly 1 17-210.370, Amended 11-23-94, 3-21-96, 2-11-99, 6-21-01, 2-2-06, 7-3-08, 12-31-13,_________.

 

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) through (4) No change.

(5) Annual Operating Report for Air Pollutant Emitting Facility [Including Title V Source Emissions Fee Calculation], Form and Instructions (DEP Form No. 62-210.900(5), Effective ________, (Department. of State link) December 2013, http://www.flrules.org/Gateway/reference.asp?No=Ref-03484 ).

(6) through (7) No change.

Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.087, 403.0872, 403.815 FS. History–New 2-9-93, Amended 13 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, 2-14 2-06, 3-16-08, 7-3-08, 10-12-08, 3-11-10,12-31-13,_________ .

 

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: April 29, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 31, 2013