Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 21, May 26, 2006 issue of the Florida Administrative Weekly.

These changes were presented to and approved by the DEP Environmental Regulation Commission at the rule hearing held June 29, 2006.

62-296.470 Implementation of Federal Clean Air Interstate Rule.

(1) Definitions. For purposes of this rule, the terms “CAIR,” “CAIR NOx allowance,” “CAIR NOx Annual Trading Program,” “CAIR NOx Ozone Season allowance,” “CAIR NOx Ozone Season Trading Program,” “CAIR NOx Ozone Season unit,” “CAIR NOx unit,” “CAIR SO₂ allowance,” “CAIR SO₂ Trading Program,” ”CAIR source,” and “CAIR unit,” shall have the meanings given at Rule 62-210.200, F.A.C. All provisions of 40 CFR Part 96 cited within this rule are adopted and incorporated by reference in Rule 62-204.800, F.A.C. Notwithstanding the first sentence of this paragraph, for ~~For~~ purposes of the verbatim application of the cited subparts of 40 CFR Part 96, as modified by the substitute language set forth in this rule, the definitions contained within 40 CFR Part 96, Subparts AA, AAA, and AAAA, shall apply, with the understanding that the term “permitting authority” shall mean the Department, the term “State” shall mean the State of Florida, the phrase “permitting authority’s title V operating permits regulations” shall mean Chapter 62-213, F.A.C., and the terms “best available control technology (BACT)” and “biomass” shall have the meanings given at Rule 62-210.200, F.A.C.

(2) No change.

(3) CAIR NOx Annual Trading Program. Except as otherwise provided herein, all provisions of the following subparts of 40 CFR Part 96 shall apply verbatim. The provisions of Subpart II, CAIR NOx Opt-In Units, shall not apply.

(a) through (c) No change.

(d) Subpart EE, CAIR NOx Allowance Allocations, provided that substitute language, as set forth below, shall apply in lieu of the indicated provisions.

1. through 2. No change.

3. In lieu of the language at 40 CFR 96.142(a)(1), substitute:

“The baseline heat input (in mmBtu) used with respect to CAIR NOx allowance allocations under paragraph (b) of this section for each CAIR NOx unit will be:

(i) For units commencing operation before January 1, 2000: the average of the 3 highest amounts of the unit’s adjusted control period heat input for 2000 through 2004; for units commencing operation on or after January 1, 2000, and before January 1, 2007: the average of the 3 highest amounts of the unit’s adjusted control period heat input over the first 5 calendar years following the year in which the unit commenced operation, or the average of the 2 highest amounts of the unit’s adjusted control period heat input over the first 4 calendar years following the year in which the unit commenced operation, or the maximum adjusted control period heat input over the first 1 to 3 calendar years following the year in which the unit commenced operation, depending on the maximum number (1 to 5) of such calendar years of data available to the permitting authority for determination of allowance allocations pursuant to sections 96.141(a) or 96.141(b); with the adjusted control period heat input for each year calculated as follows:

(A) If the unit is 85 percent or more (on a Btu basis) biomass-fired during the year and is subject to best available control technology (BACT) for NOx emissions, the unit’s control period heat input for such year is multiplied by 150 percent;

(B) If the unit is coal-fired during the year, and not subject to paragraph (a)(1)(i)(A) of this section for the year, the unit’s control period heat input for such year is multiplied by 100 percent;

(C) If the unit is oil-fired during the year, the unit’s control period heat input for such year is multiplied by 60 percent; and

(D) If the unit is not subject to paragraph (a)(1)(i)(A), (B), or (C) of this section, the unit’s control period heat input for such year is multiplied by 40 percent.

(ii) For units commencing operation on or after January 1, 2007: the average of the 3 highest amounts of the unit’s total converted control period heat input over the first 5 calendar years following the year in which the unit commenced operation, or the average of the 2 highest amounts of the unit’s total converted control period heat input over the first 4 calendar years following the year in which the unit commenced operation, or the maximum total converted control period heat input over the first 1 to 3 calendar years following the year in which the unit commenced operation, depending on the maximum number (1 to 5) of such calendar years of data available to the permitting authority for determination of allowance allocations pursuant to section 96.141(b).

(iii) Notwithstanding paragraphs (a)(1)(i) and (ii) of this section, for ~~For~~ any unit that is permanently retired and has not operated during the most recent five-year period for which the permitting authority has data upon which to base allocations: zero (0).”

4. through 12. No change.

(e) through (g) No change.

(4) CAIR ~~Annual~~ SO₂ Trading Program. All provisions of the following subparts of 40 CFR Part 96 shall apply verbatim. The provisions of Subpart III, CAIR SO₂ Opt-In Units, shall not apply.

(a) through (f) No change.

(5) CAIR NOx Ozone Season Trading Program. Except as otherwise provided herein, all provisions of the following subparts of 40 CFR Part 96 shall apply verbatim. The provisions of Subpart IIII, CAIR NOx Ozone Season Opt-In Units, shall not apply.

(a) through (c) No change.

(d) Subpart EEEE, CAIR NOx Ozone Season Allowance Allocations, provided that substitute language, as set forth below, shall apply in lieu of the indicated provisions.

1. through 2. No change.

3. In lieu of the language at 40 CFR 96.342(a)(1), substitute;

“The baseline heat input (in mmBtu) used with respect to CAIR NOx Ozone Season allowance allocations under paragraph (b) of this section for each CAIR NOx Ozone Season unit will be:

(i) For units commencing operation before January 1, 2000: the average of the 3 highest amounts of the unit’s adjusted control period heat input for 2000 through 2004; for units commencing operation on or after January 1, 2000, and before January 1, 2007: the average of the 3 highest amounts of the unit’s adjusted control period heat input over the first 5 calendar years following the year in which the unit commenced operation, or the average of the 2 highest amounts of the unit’s adjusted control period heat input over the first 4 calendar years following the year in which the unit commenced operation, or the maximum adjusted control period heat input over the first 1 to 3 calendar years following the year in which the unit commenced operation, depending on the maximum number (1 to 5) of such calendar years of data available to the permitting authority for determination of allowance allocations pursuant to sections 96.341(a) or 96.341(b); with the adjusted control period heat input for each year calculated as follows:

(C) If the unit is oil-fired during the year, the unit’s control period heat input for such year is multiplied by 60 percent; and

(D) If the unit is not subject to paragraph (a)(1)(i)(A), (B), or (C) of this section, the unit’s control period heat input for such year is multiplied by 40 percent.

4. through 9. No change.

(e) through (g) No change.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New________.

THE PERSON TO BE CONTACTED REGARDING THE NOTICE OF CHANGE: Larry George, Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Mail Station 5500, Tallahassee, Florida 32399-2400, (850)921-9555