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


Effective on Monday, October 6, 2008
  • 1(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 5462-210.200, 55F.A.C. PAL permits shall be based on “actuals PAL” emissions as that term is described at 7140 CFR 52.21(aa)(2), 74adopted by reference in Rule 7962-204.800, 80F.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 11562-210.200 116F.A.C., or any modification or reconstruction under 12340 CFR Part 60, 12761 or 63, adopted by reference at Rule 13562-204.800, 136F.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.

    334(2) Definitions. The definitions of 33940 CFR 52.21(aa)(2), 342adopted by reference in Rule 34762-204.800, 348F.A.C., shall apply to PAL permitting processes and PAL permits except the “PAL permit” shall mean the permit specified in subsection 36962-212.720(1), 370F.A.C., and except that “significant” and “emissions unit” shall mean “significant emissions rate” and “emissions unit” as defined in Rule 39062-210.200, 391F.A.C.  392For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40840 CFR 52.21 411cited herein, shall mean “Department.”

    416(3) Application. Application for any PAL permit shall be made on the forms established for permit applications at Rule 43562-210.900, 436F.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 46940 CFR 52.21 472(aa)(3), adopted by reference at Rule 47862-204.800, 479F.A.C.

    480(4) Permit Processing. The Department shall establish the PAL using the processes described at 49440 CFR 52.21 497(aa)(4) and (6), adopted by reference at Rule 50562-204.800, 506F.A.C. No PAL permit shall be issued until all processes have been completed and the public participation requirements of 52540 CFR 52.21(aa)(5), 528adopted by reference at Rule 53362-204.800, 534F.A.C., and Rule 53762-210.350, 538F.A.C., have been accomplished. The Department shall also consider all other applicable requirements, as defined at Rule 55562-210.200, 556F.A.C., and the requirements of Rule Chapter 62-4, F.A.C., in establishing a PAL.

    569(5) Permit Content. All PAL permits shall include the provisions described at 58140 CFR 52.21(aa)(7), 584adopted by reference in Rule 58962-204.800, 590F.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 62062-210.700(1)-621(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 65462-210.700(6), 655F.A.C., shall still apply. The Department shall also establish monitoring requirements in accordance with 66940 CFR 52.21(aa)(12), 672adopted by reference in Rule 67762-204.800, 678F.A.C., and shall include such monitoring, and the recordkeeping and reporting requirements of 69140 CFR 52.21(aa)(13) 694and (14), adopted by reference in Rule 70162-204.800, 702F.A.C., in the PAL permit.

    707(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 74640 CFR 52.21(aa)(8), 749adopted by reference in Rule 75462-204.800, 755F.A.C. All renewals of PAL permits shall be accomplished in accordance with the requirements of this rule and the provisions of 77640 CFR 52.21(aa)(11), 779adopted by reference in Rule 78462-204.800, 785F.A.C. Any PAL permit that is not renewed in strict accordance with the provisions of 80040 CFR 52.21(aa)(10), 803adopted by reference in Rule 80862-204.800, 809F.A.C., shall expire. All expirations of PAL permits shall be governed by the provisions of 82440 CFR 52.21(aa)(9), 827adopted by reference in Rule 83262-204.800, 833F.A.C.

    834(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 87162-204.800, 872F.A.C., or under any applicable requirement as defined at Rule 88262-210.200, 883F.A.C., shall continue to comply with such requirement except that the provisions of paragraph 89762-212.400(12)(b), 898F.A.C., shall not apply to emissions units at a facility with a PAL permit.

    912Specific Authority 914403.061 FS. 916Law Implemented 918403.031, 919403.061, 920403.087 FS. 922History–New 2-2-06, 924Amended 7-16-07, 92610-6-08.

     

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