The proposed rule amendments (OGC 13-1016) update the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 C.F.R. Parts 50, 51, 52, 53, 58, 60, 63, and 70 to incorporate ...

PURSUANT TO SECTION 403.8055, FLORIDA STATUTES

DEPARTMENT OF ENVIRONMENTAL PROTECTION

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-204.800Federal Regulations Adopted by Reference

PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments (OGC 13-1016) update the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 C.F.R. Parts 50, 51, 52, 53, 58, 60, 63, and 70 to incorporate requirements of the department's federally approved and delegated air pollution programs.

RULEMAKING AUTHORITY: 403.061, 403.8055 FS.

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

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Mr. Justin G. Wolfe, Office of General Counsel, Department of Environmental Protection, MS 35, 3900 Commonwealth Boulevard, Tallahassee Florida 32399-3000,  e-mail [e-mail].

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE ENVIRONMENTAL REGULATION COMMISSION, ADMINISTRATIVE ASSISTANT, DEP, MS 35, 3900, COMMONWEALTH BLVD., TALLAHASSEE, FL 32399-3000. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

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) Title 40, Code of Federal Regulations, Part 50, National Primary and Secondary Ambient Air Quality Standards.

(a) The provisions of 40 CFR Part 50, §§ 50.1 through 50.12, revised as of July 1, 2006; amended November 12, 2008, at 73 FR 66963, amended February 9, 2010, at 75 6473; amended May 21, 2012, at 77 FR 30087 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended January 15, 2013 at 78 FR 3085 (link); § 50.13, promulgated October 17, 2006, at 71 FR 61143; § 50.14, promulgated March 22, 2007, at 72 FR 13559; amended May 22, 2007, at 72 FR 28612; amended October 6, 2008, at 73 FR 58042; amended November 12, 2008, at 73 FR 66963; amended May 19, 2009, at 74 FR 23307; amended February 9, 2010, at 75 FR 6473; amended June 22, 2010 at 75 FR 35520 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00744); amended January 15, 2013 at 78 FR 3085 (link); § 50.15 promulgated, March 27, 2008, at 73 FR 16435; § 50.16, promulgated November 12, 2008, at 73 FR 66963; and § 50.17, promulgated June, 22, 2010 at 75 FR 35520 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00744); and § 50.18, promulgated January 15, 2013 at 78 FR 3085 (link), are adopted and incorporated by reference.

(b) The following appendices of 40 C.F.R. Part 50, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:

1. through 13. No change.

14. 40 C.F.R. Part 50, Appendix N, Interpretation of the National Ambient Air Quality Standards for PM2.5; promulgated October 17, 2006, at 71 FR 61143; amended January 9, 2008, at 73 FR 1497; amended January 15, 2013 at 78 FR 3085 (link).

15. through 20. No change.

(2) Title 40, Code of Federal Regulations, Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a) The following subparts of 40 C.F.R. Part 51, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 51, Subpart F, Procedural Requirements; amended January 18, 2007, at 72 FR 2193, amended July 16, 2007, at 72 FR 38787; amended March 24, 2008, at 73 FR 15603; amended January 21, 2009, at 74 FR 3437; amended June 23, 2009, at 74 FR 29595; amended June 22, 2012, at 77 FR 37610 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended February 12, 2013 at 78 FR 9823 (link).

2. 40 C.F.R. Part 51, Subpart I, Review of New Sources and Modifications; amended May 16, 2008, at 73 FR 28321 (link); amended October 20, 2010, at 75 FR 64864 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00745); amended June 3, 2010, at 75 FR 31513 (link); amended January 15, 2013 at 78 FR 3085 (link).

3. through 5. No change.

(b) No change.

(3) Title 40, Code of Federal Regulations, Part 52, Approval and Promulgation of Implementation Plans. The following subparts of 40 C.F.R. Part 52, revised as of July 1, 2003, or later as specifically indicated, are adopted and incorporated by reference:

(a) 40 C.F.R. Part 52, Subpart A, General Provisions; revised as of July 1, 2011 (link), or later as specifically indicated, are adopted and incorporated by reference; amended July 12, 2012 at 77 FR 41051 (link); amended October 25, 2012 at 77 FR 65107 (link); amended January 15, 2013 at 78 FR 3085 (link) amended June 13, 2007, at 72 FR 32526; amended July 16, 2007, at 72 FR 38787; amended October 20, 2010, at 75 FR 64864 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00745).

(b) No change.

(4) Title 40, Code of Federal Regulations, Part 53, Ambient Air Monitoring Reference and Equivalent Methods.

The following subparts of 40 C.F.R. Part 53, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:

(a) 40 C.F.R. Part 53, Subpart A, General Provisions; amended October 17, 2006, at 71 FR 61235; amended June 22, 2010, at 75 FR 35520 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00744); amended January 15, 2013 at 78 FR 3085 (link).

(b) through (f) No change.

(5) No change.

(6) Title 40, Code of Federal Regulations, Part 58, Ambient Air Quality Surveillance.

(a) The following subparts of 40 C.F.R. Part 58, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 58, Subpart A, General Provisions; amended October 17, 2006, at 71 FR 61235; amended February 9, 2010, at 75 FR 6473; amended January 15, 2013 at 78 FR 3085 (link).

2. 40 C.F.R. Part 58, Subpart B, Monitoring Network, amended October 17, 2006, at 71 FR 61235; amended June 12, 2007, at 72 FR 32193; amended November 12, 2008, at 73 FR 66963; amended February 9, 2010, at 75 FR 6473; amended June 22, 2010, at 75 FR 35520 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00744); amended December 27, 2010, at 75 FR 81126 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended August 31, 2011, at 76 FR 54293 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended January 15, 2013 at 78 FR 3085 (link), amended March 14, 2013 at 78 FR 16184 (link).

3. No change.

4. 40 C.F.R. Part 58, Subpart D, Comparability of Ambient Data to NAAQS; amended October 17, 2006, at 71 FR 61235; amended November 12, 2008, at 73 FR 66963; amended January 15, 2013 at 78 FR 3085 (link).

5. through 6. No change.

(b) The following appendices of 40 C.F.R. Part 58, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 58, Appendix A, Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring; amended October 17, 2006, at 71 FR 61235; amended June 12, 2007, at 72 FR 32193; amended November 12, 2008, at 73 FR 66963; amended February 9, 2010, at 75 FR 6473; amended June 22, 2010, at 75 FR 35520 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00744); amended December 27, 2010, at 75 FR 81126 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended January 15, 2013 at 78 FR 3085 (link).

2. No change.

3. 40 C.F.R. 58, Appendix D, Network Design Criteria for Ambient Air Quality Monitoring; amended October 17, 2006, at 71 FR 61235; amended June 12, 2007, at 72 FR 32193; amended November 12, 2008, at 73 FR 66963; amended February 9, 2010, at 75 FR 6473; amended June 22, 2010, at 75 FR 35520 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00744); amended December 27, 2010, at 75 FR 81126 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended January 15, 2013 at 78 FR 3085 (link).

4. through 5. No change.

(7) No change.

(8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.

(a) Definitions. For the purposes of subsection 62-204.800(8), F.A.C., the definitions contained in the various provisions of 40 C.F.R. Part 60 adopted herein shall apply, except that the term “Administrator,” when used in any provision of 40 C.F.R. Part 60 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the Secretary or the Secretary’s designee.

(b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40 C.F.R. Part 60, revised as of July 1, 2009, or later as specifically indicated, are adopted and incorporated by reference:

1. through 7. No change.

8. 40 C.F.R. Part 60, Subpart Ec, Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996; amended October 6, 2009, at 74 FR 51368; amended April 4, 2011, at 76 FR 18407 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended May 13, 2013 at 78 FR 28051 (link); except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.56c(j). At 40 C.F.R. § 60.50c(m), the “applicable compliance date of the requirements of subpart Ce” shall be the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.

9. 40 C.F.R. Part 60, Subpart F, Portland Cement Plants; amended February 12, 2013 at 78 FR 10005 (link).

10. through 77. No change.

78. 40 C.F.R. Part 60, Subpart CCCC, Commercial and Industrial Solid Waste Incineration Units; amended February 7, 2013 at 78 FR 9111 (link). Any CISWI unit subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 C.F.R. 60, Subpart CCCC, shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C., in accordance with paragraph 62-213.420(1)(a), F.A.C.

79. No change.

80. 40 C.F.R. Part 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines; amended June 28, 2011, at 76 FR 37954 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended January 30, 2013 at 78 FR 6673 (link); except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4201, 60.4202, 60.4203, 60.4210 and 60.4215 and 60.4216.

81. 40 C.F.R. Part 60, Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines; amended June 28, 2011, at 76 FR 37954 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended January 30, 2013 at 78 FR 6673 (link); except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4231, 60.4232, 60.4238, 60.4239, 60.4240, 60.4241, 60.4242, and 60.4247.

82. through 84. No change.

(c) No change.

(d) General Provisions Adopted. The general provisions of 40 C.F.R. Part 60, Subpart A, revised as of July 1, 2009; amended October 6, 2009, at 74 FR 51368; amended September 13, 2010, at 75 FR 55636 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720), amended January 18, 2012, at 77 FR 2456 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended April 19, 2012, at 77 FR 23396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended August 16, 2012, at 77 FR 49489 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended September 12, 2012, at 77 FR 56421 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended January 30, 2013 at 78 FR 6673 (link); are adopted and incorporated by reference except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4, 40 C.F.R. § 60.8(b)(2) and (3), 40 C.F.R. § 60.11(e)(7) and (8), 40 C.F.R. § 60.13(g), (i) and (j)(2), and 40 C.F.R. § 60.16.

(e) No change.

(9) through (10) No change.

(11) Title 40, Code of Federal Regulations, Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories.

(a) No change.

(b) Standards Adopted. The following National Emission Standards for Hazardous Air Pollutants contained in 40 C.F.R. Part 63, revised as of July 1, 2009, or later as specifically indicated, are adopted and incorporated by reference:

1. through 19. No change.

20. 40 C.F.R. Part 63, Subpart CC, Petroleum Refineries; amended June 30, 2010, at 75 FR 37730 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended June 20, 2013 at 78 FR 37133 (link); except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.655(c)(1) through (4).

21. though 47. No change.

48. 40 C.F.R. Part 63, Subpart LLL, Portland Cement Manufacturing Industry; amended February 12, 2013 at 78 FR 10005 (link); except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1358(c)(1) through (4). If a facility becomes subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to the emission limiting requirements of 40 C.F.R. Part 63, Subpart LLL, the facility shall submit an application for such permit no later than October 1, 2000.

49. through 81. No change.

82. 40 C.F.R. Part 63, Subpart ZZZZ, Stationary Reciprocating Internal Combustion Engines; amended March 3, 2010, at 75 FR 9648 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended June 30, 2010, at 75 FR 37732 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended August 20, 2010, at 75 FR 51570 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended March 9, 2011, at 76 FR 12863 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended January 30, 2013 at 78 FR 6673 (link), amended March 6, 2013 at 78 FR 14457 (link); except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.6670(c)(1) through (5).

83. through 85. No change.

86. 40 C.F.R. Part 63, Subpart DDDDD, Industrial, Commercial, and Institutional Boilers and Process Heaters; except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.7570(b)(1) through (5), promulgated March 21, 2011 at 76 FR 15608 (link); amended January 31, 2013 at 78 FR 7137 (link) Reserved.

87. through 116. No change.

(c) No change.

(d) General Subparts Adopted. The following general subparts of 40 C.F.R. Part 63, revised as of July 1, 2009, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 63, Subpart A, General Provisions; amended September 13, 2010, at 75 FR 55636 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended March 21, 2011, at 76 FR 15608 (link); amended January 5, 2012, at 77 FR 556 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); amended April 17, 2012, at 74 FR 22847 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended August 14, 2012, at 77 FR 48433 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended August 16, 2012 at 77 FR 49489 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended September 11, 2012, at 77 FR 55698 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02487); amended January 30, 2013 at 78 FR 6673 (link); amended January 31, 2013 at 78 FR 7137 (link); except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. § 63.5(e), 40 C.F.R. § 63.5(f), 40 C.F.R. § 63.6(g), 40 C.F.R. § 63.6(h)(9), 40 C.F.R. § 63.6(j), 40 C.F.R. § 63.13, and 40 C.F.R. § 63.14.

2. through 5. No change.

(e) No change.

(12) through (14) No change.

(15) Title 40, Code of Federal Regulations, Part 70, State Operating Permit Programs. The provisions of 40 C.F.R. Part 70, §§ 70.1 through 70.11, revised as of July 1, 2001; amended June 27, 2003, at 68 FR 38517; amended June 3, 2010 at 75 FR 31513 (link), are adopted and incorporated by reference.

(16) through (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,__________.