RULE NO: RULE TITLE
62-204.800: Federal Regulations Adopted by Reference
PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments update, through December 31, 2006, the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Parts 52, 60, 63 and 96.
SPECIFIC AUTHORITY: 403.8055 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 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: Ms. Rebecca Robinette, Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000.
SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

THE FULL TEXT OF THE PROPOSED RULE IS:

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 (2) No change.

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

(a) No change.

(b) 40 CFR Part 52, Subpart K, Florida, amended July 22, 2003, at 68 FR 43312; amended August 11, 2003, at 68 FR 47468; amended February 13, 2004, at 69 FR 7127; amended March 29, 2004, at 69 FR 16167; amended June 17, 2004, at 69 FR 33860; amended April 28, 2006, at 71 FR 25327; amended November 28, 2006, at 71 FR 68743.

(4) through (7) No change.

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

(a) No change.

(b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40 CFR Part 60, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. through 2. No change.

3. 40 CFR 60, Subpart Db, Industrial-Commercial-Institutional Steam Generating Units; amended August 14, 2001, at 66 FR 42608; amended October 1, 2001, at 66 FR 49830; amended February 27, 2006, at 71 FR 9865; amended November 16, 2006, at 71 FR 66681; except that the Secretary is not the Administrator for purposes of 40 CFR 60.44b(f) and (g) and 40 CFR 60.49b(a)(4).

4. through 74. No change.

75. 40 CFR 60, Subpart EEEE, Other Solid Waste Incineration Units for Which Construction Is Commenced After December 9, 2004, or for Which Modification of Reconstruction Is Commenced on or After June 16, 2006; promulgated December 16, 2005, at 70 FR 74869; amended November 24, 2006, at 71 FR 67802. Any solid waste incineration unit subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 CFR Part 60, Subpart EEEE, shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C., in accordance with subparagraph 62-213.420(1)(a)2., F.A.C., or by December 18, 2006, whichever comes later.

76. through 77. 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 CFR Part 63, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR 63, Subpart F, Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; amended December 21, 2006, at 71 FR 76603; except that the Secretary is not the Administrator for purposes of 40 CFR 63.106(c)(1) through (4).

2. 40 CFR 63, Subpart G, Organic Hazardous Air Pollutants From the Synthetic Organic Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; amended June 23, 2003, at 68 FR 37333; amended December 23, 2004, at 69 FR 76859; amended April 20, 2006, at 71 FR 20445; amended December 21, 2006, at 71 FR 76603; except that the Secretary is not the Administrator for purposes of 40 CFR 63.153(c)(1) through (4).

3. through 24. No change.

25. 40 CFR 63, Subpart II, Shipbuilding and Ship Repair (Surface Coating); amended June 23, 2003, at 68 FR 37333; amended December 29, 2006, at 71 FR 78369; except that the Secretary is not the Administrator for purposes of 40 CFR 63.789(c)(1) through (4).

26. through 42. No change.

43. 40 CFR 63, Subpart EEE, Hazardous Waste Combustors; amended July 3, 2001, at 66 FR 35087; amended October 15, 2001, at 66 FR 52361; amended December 6, 2001, at 66 FR 63313; amended February 13, 2002, at 67 FR 6791; amended February 14, 2002, at 67 FR 6967; amended December 19, 2002, at 67 FR 77687; amended June 23, 2003, at 68 FR 37333; amended October 12, 2005, at 70 FR 59401; amended December 19, 2005, at 70 FR 75042; amended April 20, 2006, at 71 FR 20445; amended October 25, 2006, at 71 FR 62388; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1214(c)(1) through (4).

44. through 47. No change.

48. 40 CFR 63, Subpart LLL, Portland Cement Manufacturing Industry; amended April 5, 2002, at 67 FR 16613; amended July 2, 2002, at 67 FR 44371; amended July 5, 2002, at 67 FR 44766; amended December 6, 2002, at 67 FR 72580; amended June 23, 2003, at 68 FR 37333; amended December 20, 2006, at 71 FR 76517; except that the Secretary is not the Administrator for purposes of 40 CFR 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 CFR Part 63, Subpart LLL, the facility shall submit an application for such permit no later than October 1, 2000.

49. through 65. No change.

66. 40 CFR 63, Subpart IIII, Surface Coating of Automobiles and Light-Duty Trucks; promulgated April 26, 2004, at 69 FR 22601; amended April 20, 2006, at 71 FR 20445; amended December 22, 2006, at 71 FR 76922.

67. through 68. No change.

69. 40 CFR 63, Subpart MMMM, Surface Coating of Miscellaneous Metal Parts and Products; promulgated January 2, 2004, at 69 FR 129; amended April 26, 2004, at 69 FR 22601; amended April 20, 2006, at 71 FR 20445; amended December 22, 2006, at 71 FR 76922; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.3980(c)(1) through (4).

70. through 71. No change.

72. 40 CFR 63, Subpart PPPP, Surface Coating of Plastic Parts and Products; promulgated April 19, 2004, at 69 FR 20967; amended April 26, 2004, at 69 FR 22601; amended April 20, 2006, at 71 FR 20445; amended December 22, 2006, at 71 FR 76922; except that the Secretary is not the Administrator for purposes of 40 CFR 63.4580(c)(1) through (4).

73. through 85. No change.

86. 40 CFR 63, Subpart DDDDD; Industrial, Commercial, and Institutional Boilers and Process, promulgated September 13, 2004, at 69 FR 55217; amended December 28, 2005, at 70 FR 76917; amended April 20, 2006, at 71 FR 20445; amended December 6, 2006, at 71 FR 70651; except that the Secretary is not the Administrator for purposes of 40 CFR 63.7570(b)(1) through (5).

87. through 88. No change.

89. 40 CFR 63, Subpart GGGGG, Site Remediation; promulgated October 8, 2003, at 68 FR 58171; amended April 20, 2006, at 71 FR 20445; amended November 29, 2006, at 71 FR 69011; except that the Secretary is not the Administrator for purposes of 40 CFR 63.7956(c)(1) through (4).

90. 40 CFR 63, Subpart HHHHH, Miscellaneous Coating Manufacturing; promulgated December 11, 2003, at 68 FR 69163; amended December 29, 2003, at 68 FR 75033; amended May 13, 2005, at 70 FR 25675; amended July 6, 2005, at 70 FR 38780; amended December 21, 2005, at 70 FR 75923; amended April 20, 2006, at 71 FR 20445; amended October 4, 2006, at 71 FR 58499; except that the Secretary is not the Administrator for purposes of 40 CFR 63.8100(b)(1) through (4).

91. through 101. No change.

(d) General Subparts Adopted. The following general subparts of 40 CFR Part 63, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR Part 63, Subpart A, General Provisions; amended February 27, 2002, at 67 FR 9156; amended April 5, 2002, at 67 FR 16581; amended February 18, 2003, at 68 FR 7706; amended April 21, 2003, at 68 FR 19375; amended May 20, 2003, at 68 FR 27645; amended May 23, 2003, at 68 FR 28605; amended May 27, 2003, at 68 FR 28774; amended May 28, 2003, at 68 FR 31745; amended May 29, 2003, at 68 FR 32171; amended May 30, 2003, at 68 FR 32585; amended November 13, 2003, at 68 FR 64431; amended December 19, 2003, at 68 FR 70959; amended January 2, 2004, at 69 FR 129; amended February 3, 2004 at 69 FR 5038; amended April 19, 2004, at 69 FR 20967; amended April 22, 2004, at 69 FR 21905; amended April 26, 2004, at 69 FR 22601; amended June 15, 2004, at 69 FR 33473; amended July 30, 2004, at 69 FR 45943; amended April 15, 2005, at 70 FR 19991; amended May 20, 2005, at 70 FR 29399; amended October 12, 2005, at 70 FR 59401; amended April 20, 2006, at 71 FR 20445; amended December 6, 2006, at 71 FR 70651; except that the Secretary is not the Administrator for purposes of 40 CFR 63.5(e), 40 CFR 63.5(f), 40 CFR 63.6(g), 40 CFR 63.6(h)(9), 40 CFR 63.6(j), 40 CFR 63.13, and 40 CFR 63.14.

2. through 5. No change.

(e) No change.

(12) through (24) No change.

(25) Title 40, Code of Federal Regulations, Part 96, NOx Budget Trading Program for State Implementation Plans. The following subparts of 40 CFR Part 96, revised as of July 1, 2005, or later as specifically indicated, are adopted and incorporated by reference.

(a) Subpart AA, CAIR NOx Annual Trading Program General Provisions; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(b) Subpart BB, CAIR Designated Representative for CAIR NOx Sources; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(d) Subpart EE, CAIR NOx Allowance Allocations; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(e) Subpart FF, CAIR NOx Allowance Tracking System; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(f) through (g) No change.

(h) Subpart AAA, CAIR SO2 Trading Program General Provisions; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(i) Subpart BBB, CAIR Designated Representative for CAIR SO2 Sources; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(j) No change.

(k) Subpart FFF, CAIR SO2 Allowance Tracking System; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(l) No change.

(m) Subpart HHH, Monitoring and Reporting; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(n) Subpart AAAA, CAIR NOx Ozone Season Trading Program General Provisions; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(o) through (p) No change.

(q) Subpart EEEE, CAIR NOx Ozone Season Allowance Allocations; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at FR 71 74792.

(r) Subpart FFFF, CAIR NOx Ozone Season Allowance Tracking System; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

(s) No change.

(t) Subpart HHHH, Monitoring and Reporting; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 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,_4-1-07.