Pursuant to Executive Orders 11-01, 11-72 and 11-211, which require the Department to identify and revise rules that are unnecessary, unnecessarily burdensome, or duplicative, the Department is proposing to revise Rules 62-204.340, 62-204.500, and ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Air Resource Management

RULE NOS.:RULE TITLES:

62-204.340Designation of Attainment, Nonattainment, and Maintenance Areas

62-204.500Conformity

62-204.800Federal Regulations Adopted by Reference

PURPOSE AND EFFECT: Pursuant to Executive Orders 11-01, 11-72 and 11-211, which require the Department to identify and revise rules that are unnecessary, unnecessarily burdensome, or duplicative, the Department is proposing to revise Rules 62-204.340, 62-204.500, and 62-204.800, F.A.C. The revisions will clarify and update references to area designations for National Ambient Air Quality Standards, update citations to the Code of Federal Regulations relating to conformity, amend Florida’s Commercial Industrial Solid Waste Incinerator (CISWI) regulations to provide for an equivalent alternative production-based emission limit, and incorporate by reference the conformity regulations cited in Rule 62-204.500, F.A.C.  

SUMMARY: The proposed rule amendments address air pollution control general provisions.

OTHER RULES INCORPORATING RULE 62-204.340, F.A.C.: 62-210.200, 62-212.500, 62-252.300, 62-296.418, and 62-296.500, F.A.C.

OTHER RULES INCORPORATING RULE 62-204.500, F.A.C.: None.

OTHER RULES INCORPORATING RULE 62-204.800, F.A.C.: 62-204.500, 62-210.200, 62-210.300, 62-210.310, 62-310.350, 62-210.360, 62-210.370, 62-212.300, 62-212.400, 62-212.500, 62-212.720, 62-213.412, 62-213.420, 62-213.440, 62-214.100, 62-214.320, 62-214.330, 62-214.350, 62-214.360, 62-214.370, 62-214.420, 62-214.430, 62-256.700, 62-257.200, 62-257.301, 62-285.421, 62-296.100, 62-296.320, 62-296.340, 62-296.401, 62-296.402, 62-296.403, 62-296.404, 62-296.405, 62-296.408, 62-296.409, 62-296.410, 62-296.412, 62-296.414, 62-296.415, 62-296.416, 62-296.470, 62-296.501, 62-296.502, 62-296.503, 62-296.504, 62-296.505, 62-296.506, 62-296.507, 62-296.508, 62-296.510, 62-296.511, 62-296.512, 62-296.513, 62-296.514, 62-296.515, 62-296.516, 62-296.570, 62-296.600, 62-296.602, 62-296.603, 62-296.604, 62-296.701, 62-296.702, 62-296.703, 62-296.704, 62-296.705, 62-296.706, 62-296.707, 62-296.708, 62-296.709, 62-296.710, 62-296.711, 62-296.712, 62-297.310, 62-297.320, and 62-297.450, F.A.C.

EFFECT ON THOSE OTHER RULES: The revisions to Rule 62-204.340, F.A.C., will affect the applicability of Rule 62-212.500, F.A.C., in specified areas of the state designated as nonattainment in 40 CFR Part 81, §81.310, as adopted and incorporated by reference in Rule 62-204.800, F.A.C. The revisions to Rule 62-204.800, F.A.C., will have no effect on any of the other rules that reference it.

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 these rules update and clarify obsolete or unnecessary rule language and will not increase regulatory costs for any entity. Additionally, the establishment of an equivalent alternative emission limit in Florida’s CISWI rules will not increase regulatory costs. 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: 403.021, 403.031, 403.061, 403.087, 403.0872, 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: SEPTEMBER 26, 2016, 10:00 a.m.

PLACE: Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida, Conference Room 609

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 5 days before the workshop/meeting by contacting: Terri Long, [phone], E-mail: [e-mail].

If you are hearing or speech impaired, please contact the agency by using the Florida Relay Service, 1 [phone] (TDD) or 1 [phone] (Voice).

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:

 

62-204.340 Designation of Attainment, Nonattainment, Unclassifiable, and Maintenance Areas.

(1) Designation of Areas Meeting Ambient Air Quality Standards (Attainment Areas). As designated in 40 CFR Part 81, §81.310, and as adopted and incorporated by reference in Rule 62-204.800, F.A.C.   

(a) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(a), F.A.C., is designated as attainment for the air pollutant ozone.

(b) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(b), F.A.C., or as unclassifiable under paragraph 62-204.340(3)(a), F.A.C., is designated as attainment for the air pollutant PM10.

(c) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(c), F.A.C., or as unclassifiable under paragraph 62-204.340(3)(b), F.A.C., is designated as attainment for the air pollutant sulfur dioxide.

(d) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(d), F.A.C., is designated as attainment for the air pollutant carbon monoxide.

(e) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(e), F.A.C., is designated as attainment for the air pollutant nitrogen dioxide.

(2) Designation of Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas). As designated in 40 CFR Part 81, §81.310, and as adopted and incorporated by reference in Rule 62-204.800, F.A.C.   

(a) Ozone Nonattainment Areas. (Reserved).

(b) PM10 Nonattainment Areas. (Reserved).

(c) Sulfur Dioxide Nonattainment Areas. (Reserved).

(d) Carbon Monoxide Nonattainment Areas. (Reserved).

(e) Nitrogen Dioxide Nonattainment Areas. (Reserved).

(f) Lead nonattainment Areas. (Reserved).

(g) As soon as practicable after notice of redesignation is published by the U. S. Environmental Protection Agency in the Federal Register, the Department shall publish notice of the effective date of redesignation in the Florida Administrative Register Weekly and a newspaper of general circulation in each county affected by the redesignation.

(3) Designation of Areas Which Cannot Be Classified as Attainment or Nonattainment (Unclassifiable Areas). As designated in 40 CFR Part 81, §81.310, and as adopted and incorporated by reference in Rule 62-204.800, F.A.C.   

(a) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(b), F.A.C., is designated as unclassifiable for the air pollutant PM10.

(b) The following areas are designated as unclassifiable for the pollutant sulfur dioxide.

1. Duval County.

2. Escambia County.

3. Hillsborough County.

4. The Southwest corner of Pasco County.

(c) All of the state except those areas designated as nonattainment under Rule 62-204.340, F.A.C., is designated as unclassifiable for the air pollutant lead.

(4) No change.

Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Amended  ­_______.

 

62-204.500 Conformity.

(1) General Conformity. The provisions of this rule apply to state review of all federal general conformity determinations submitted to the state pursuant to 40 C.F.R. Part 9351, Subpart BW, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Pursuant to 40 C.F.R. Part 9351, Subpart BW, federal agencies are required to make conformity determinations to ensure that certain federal actions are consistent with the State Implementation Plan.

(a) Definitions. In addition to the definitions in Rule 62-204.200, F.A.C., Tthe definitions used in reviewing federal general conformity determinations shall be the definitions in 40 C.F.R. Part 93, §93.152, adopted and incorporated by reference at Rule 62-204.800, F.A.C.51.852.

(b) Criteria. The criteria for reviewing federal general conformity determinations shall be the criteria in 40 C.F.R. Part 93, §93.158, adopted and incorporated by reference at Rule 62-204.800, F.A.C.51.858.

(c) Procedures. The procedures for reviewing federal general conformity determinations shall be the procedures in 40 C.F.R. Part 93, §93.159, adopted and incorporated by reference at Rule 62-204.800, F.A.C.51.859.

(d) No change.

(2) No change.

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 11-30-94, Amended 3-13-96, 3-23-97, 9-1-98,­ __________.

 

62-204.800 Federal Regulations Adopted by Reference.

All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides.

(1) through (8) No change.

(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times.

(a) through (e) No change. 

(f) Commercial and Industrial Solid Waste Incineration (CISWI) Units. 40 C.F.R. Part 60, Subpart DDDD, Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before June 4, 2010, revised as of July 1, 2009, amended February 7, 2013, at 78 FR 9112 (https://www.flrules.org/gateway/reference.asp?No=Ref-03695), amended June 23, 2016, at 81 FR 40956 (link), is hereby adopted and incorporated by reference subject to the following provisions (all cross-references to 40 CFR 63 Subpart LLL [40 C.F.R. 63.1340 through 1359], as amended February 12, 2013, at 78 FR 10005, as amended July 27, 2015, at 80 FR 44771, are adopted and incorporated by reference at Paragraph 62-204.800(11)(b), F.A.C.):

1. through 4.No change.

5. Emission Limitations and Operating Limits. The emission limitations and operating limits applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2670 through 60.2685, except that a unit in the waste-burning kiln subcategory may instead comply with an alternative production-based mercury emission limit of 58 pounds of mercury per million tons of clinker as specified in Table 4 as published February 7, 2013 at 78 FR 9112, 9122 (https://www.flrules.org/gateway/reference.asp?No=Ref-03695).

6. Performance Testing. The performance testing requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2690 and through 60.2695.

7. Initial Compliance Requirements. The initial compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2700 through 60.2706, except that a waste-burning kiln complying with the alternative production-based mercury emission limit in subparagraph 62-204.800(9)(f)5., F.A.C., must demonstrate initial compliance pursuant to 40 C.F.R. § 63.1348(a)(5). The initial compliance test must begin on the first operating day following completion of the field testing and data collection that demonstrates that the continuous emissions monitoring system has satisfied the relevant performance acceptance criteria of Performance Specifications 12A or 12B in 40 C.F.R. 60 Appendix B. The notification required by 40 C.F.R. § 60.2760 shall also include notification of whether an owner or operator of a unit in the waste-burning kiln subcategory intends to comply with the alternative production-based mercury emission limit in subparagraph 62-204.800(9)(f)5., F.A.C.

8. Continuous Compliance Requirements. The continuous compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2710 through 60.2725, except that a waste-burning kiln complying with the alternative production-based mercury emission limit in subparagraph 62-204.800(9)(f)5., F.A.C., must demonstrate continuous compliance with this alternative limit pursuant to the procedures of 40 C.F.R. § 63.1348(b)(7), and 40 C.F.R. § 63.1349(b)(5).

9. Monitoring. The monitoring requirements applicable to each CISWI unit subject to paragraph 62-204.800(8)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2730 and through 60.2735. A unit in the waste-burning kiln subcategory complying with the alternative production-based mercury emission limit in subparagraph 62-204.800(9)(f)5., F.A.C., must also monitor mercury pursuant to 40 C.F.R. 63.1350(k), the clinker production rate pursuant to 40 C.F.R. § 63.1350(d), and the flow rate pursuant to 40 C.F.R. § 63.1350(n). An owner of a waste burning kiln is not required to develop an emissions monitoring plan pursuant to 40 C.F.R. § 63.1350(p)(1) through (p)(4) if the owner prepares the emissions monitoring plan required pursuant to 40 CFR § 60.2710(k) and (l).

10. Recordkeeping and Reporting Requirements. The recordkeeping and reporting requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§ 60.2740 through 60.2800. Units in the waste-burning kiln subcategory complying with the alternative production-based mercury emission limit in subparagraph 62-204.800(9)(f)5., F.A.C., must also keep records of all data collected from the continuous flow rate monitoring system required by 40 C.F.R. § 63.1350(n), all data collected from the clinker production monitoring system required by 40 C.F.R. § 63.1350(d), and all calculated 30-operating day rolling average values derived from the mercury monitoring system. Units in the waste-burning kiln subcategory complying with the alternative production-based mercury emission limit in subparagraph 62-204.800(9)(f)5., F.A.C., must also report all deviations from the alternative production-based mercury limit in accordance with 40 C.F.R. §§ 60.2740 through 60.2800.

11. through 12. No change.

13. Definitions. The definitions applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §60.2875.  For purposes of paragraph 62-204.800(9)(f), F.A.C., the definition of the term administrator means the department, except that the EPA is the administrator for purposes of 40 C.F.R. § 60.2030(c). The terms used but not defined in 40 C.F.R. Part 60, Subpart DDDD, have the meaning given to them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and CCCC. For units in the waste-burning kiln subcategory complying with the alternative production-based mercury emission limit in subparagraph 62-204.800(9)(f)5., F.A.C., the term operating day in 40 C.F.R. § 63.1348(a)(5), 40 C.F.R. § 63.1348(b)(7) and 40 C.F.R. § 63.1349(b)(5) means any 24-hour period beginning at 12:00 midnight during which the kiln produces any amount of clinker. 

(g) through (h) No change.

(10) through (25) No change.

(26) Title 40, Code of Federal Regulations, Part 93, Determining Conformity of Federal Actions to State or Federal Implementation Plans. The following subparts of 40 C.F.R. Part 93, revised as of July 1, 2015 (link), or later as specifically indicated, are adopted and incorporated by reference. The provisions of 40 C.F.R. 93, Subpart A, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws, revised as of July 1, 2001; amended August 6, 2002, at 67 FR 50808, are adopted and incorporated by reference.

(a) 40 C.F.R. 93, Subpart A, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws.

(b) 40 C.F.R. Part 93, Subpart B, Determining Conformity of General Federal Actions to State or Federal Implementation Plans.

(27) No change.

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.8055 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98, 10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 10-1-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07, 4-2-07, 5-31-07, 7-2-07, 10-1-07, 2-1-08, 7-1-08, 10-1-08, 10-6-08, 12-1-08, 11-18-09, 6-11-10, 7-1-10, 10-1-10, 12-30-10, 12-1-11, 12-1-12, 5-22-13, 12-17-13, 1-24-14, 1-14-15, 1-7-16,______.

 

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: August 22, 2016

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