62-212.720. Actuals Plantwide Applicability Limits (PALs).

(1) PAL Permits. Any existing facility intending to use any Plantwide Applicability Limit (PAL) shall first obtain a PAL permit issued in accordance with the requirements of this section. For purposes of this rule an existing facility shall mean a facility that contains one or more existing emissions units, as defined at Rule 62-210.200, F.A.C. PAL permits shall be based on “actuals PAL” emissions as that term is described at 40 CFR 52.21(aa)(2), adopted by reference in Rule 62-204.800, F.A.C. PAL permits shall be considered construction permits for purposes of Rule Chapters 62-4, 62-210, 62-212, 62-213 and 62-110, F.A.C., but PAL permits shall not authorize any physical change that constitutes a modification under Rule 62-210.200 F.A.C., or any modification or reconstruction under 40 CFR Part 60, 61 or 63, adopted by reference at Rule 62-204.800, F.A.C., to any existing emissions unit, or any addition of any new emissions unit to the facility with the PAL permit. The Department shall authorize such modification or addition through separate normal construction permit processes. If the addition or modification will likely cause an increase in emissions above that authorized in the PAL permit, the Department shall authorize such an increase only through the PAL permit revision requirements of this rule, but the applicant may submit a single application for the construction permit and for any necessary PAL permit revision and, if practicable, the Department shall require a single public notice for both permitting actions. Each PAL shall be pollutant-specific but a single PAL permit may include multiple PALs. All PAL permit applications shall include information regarding all emissions which the facility has the potential to emit, including startup, shut down and malfunction emissions, for each pollutant for which a PAL is sought, and all PAL permits shall include in the limitation(s) all PAL pollutant emissions which the facility has the potential to emit, including emissions from startup, shut down and malfunctions. Fugitive emissions shall be included in the application and in the PAL to the extent quantifiable.

(2) Definitions. The definitions of 40 CFR 52.21(aa)(2), adopted by reference in Rule 62-204.800, F.A.C., shall apply to PAL permitting processes and PAL permits except the “PAL permit” shall mean the permit specified in subsection 62-212.720(1), F.A.C., and except that “significant” and “emissions unit” shall mean “significant emissions rate” and “emissions unit” as defined in Rule 62-210.200, F.A.C.  For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40 CFR 52.21 cited herein, shall mean “Department.”

(3) Application. Application for any PAL permit shall be made on the forms established for permit applications at Rule 62-210.900, F.A.C. In addition to the information required by Rule Chapters 62-4 and 62-210, F.A.C., and any other information required by this chapter, all applications for PAL permits shall provide the information described at 40 CFR 52.21 (aa)(3), adopted by reference at Rule 62-204.800, F.A.C.

(4) Permit Processing. The Department shall establish the PAL using the processes described at 40 CFR 52.21 (aa)(4) and (6), adopted by reference at Rule 62-204.800, F.A.C. No PAL permit shall be issued until all processes have been completed and the public participation requirements of 40 CFR 52.21(aa)(5), adopted by reference at Rule 62-204.800, F.A.C., and Rule 62-210.350, F.A.C., have been accomplished. The Department shall also consider all other applicable requirements, as defined at Rule 62-210.200, F.A.C., and the requirements of Rule Chapter 62-4, F.A.C., in establishing a PAL.

(5) Permit Content. All PAL permits shall include the provisions described at 40 CFR 52.21(aa)(7), adopted by reference in Rule 62-204.800, F.A.C., in addition to any other permit terms the Department deems necessary to provide reasonable assurances of compliance with Department rule and permit requirements. The excess emissions provisions of subsections 62-210.700(1)-(5), F.A.C., shall not apply to PAL permits, and the permit shall contain a statement specifying that these rule provisions do not apply. Excess emissions are not allowed. The notification requirements of subsection 62-210.700(6), F.A.C., shall still apply. The Department shall also establish monitoring requirements in accordance with 40 CFR 52.21(aa)(12), adopted by reference in Rule 62-204.800, F.A.C., and shall include such monitoring, and the recordkeeping and reporting requirements of 40 CFR 52.21(aa)(13) and (14), adopted by reference in Rule 62-204.800, F.A.C., in the PAL permit.

(6) PAL Permit Revision, Renewal, Expiration. PAL permits shall be issued for a term of ten years. Any revision to any PAL permit shall be accomplished in accordance with the permitting provisions of this rule and the provisions of 40 CFR 52.21(aa)(8), adopted by reference in Rule 62-204.800, F.A.C. All renewals of PAL permits shall be accomplished in accordance with the requirements of this rule and the provisions of 40 CFR 52.21(aa)(11), adopted by reference in Rule 62-204.800, F.A.C. Any PAL permit that is not renewed in strict accordance with the provisions of 40 CFR 52.21(aa)(10), adopted by reference in Rule 62-204.800, F.A.C., shall expire. All expirations of PAL permits shall be governed by the provisions of 40 CFR 52.21(aa)(9), adopted by reference in Rule 62-204.800, F.A.C.

(7) Notwithstanding any other provision of this rule, any emissions unit subject to any emissions limit or other requirement established under any provision of Title 40 of the Code of Federal Regulations, adopted by reference at Rule 62-204.800, F.A.C., or under any applicable requirement as defined at Rule 62-210.200, F.A.C., shall continue to comply with such requirement except that the provisions of paragraph 62-212.400(12)(b), F.A.C., shall not apply to emissions units at a facility with a PAL permit.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-06, Amended 7-16-07, 10-6-08.