62-210.200: Definitions
PURPOSE AND EFFECT: The department is proposing amendments to Chapter 62-210, F.A.C., in response to requirements imposed by the Environmental Protection Agency (EPA) in its recent conditional approval of Florida’s Prevention of Significant Deterioration (PSD) air permitting program under the federal Clean Air Act. The proposed amendments clarify the definition of “New Emissions Unit” as used in the PSD program. They also add ozone depleting substances (ODS) to the definitions of “Regulated Air Pollutant” and “Significant Emissions Rate” such that emission of ODS are treated the same under Florida’s PSD rules as under EPA’s PSD regulations.
SUMMARY: The proposed rule amendments update the department’s air construction permitting program for major stationary sources and major modifications for consistency with federal regulations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The department has prepared a statement of estimated regulatory costs. The proposed amendment to the definition of “New Emissions Unit” simply clarifies existing intent and is not expected to incur costs to any regulated entity or governmental agency. For some permit applicants, the addition of ODS to the list of pollutants required to be addressed in the PSD permitting program may result in costs on the order of a few hundred dollars for the professional engineer preparing the application to evaluate the project’s potential for ODS emissions. If PSD permitting requirements are triggered solely on the basis of projected emissions of ODS, additional costs of preparing a PSD application will be incurred. The department does not expect any entity to incur costs related to the installation and use of add-on emissions control technology for reduction of ODS emissions.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, May 13, 2009, 10:00 a.m.
PLACE: Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Director’s Conference Room, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce; (850)921-9551. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Terri Long; (850)921-9556 or terri.long@dep.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
62-210.200 Definitions.
The following words and phrases when used in this chapter and in Chapters 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:
(1) through (214) No change.
(215) “New Emissions Unit” – An emissions unit which is not in existence, for which an application for a permit to construct has not been submitted before the effective date of an applicable section or provision. For the purposes of Rule 62-212.400, F.A.C., a new emissions unit is any emission unit that is or will be newly constructed and that has existed enlisted for less than 2 years from the date such emissions unit first operated of beginning normal operation.
(216) through (260) No change.
(261) “Regulated Air Pollutant”
(a) through (c) No change.
(d) Any pollutant listed at 40 CFR Part 82, Subpart A, Appendix A or B, adopted and incorporated by reference at Rule 62-204.800, F.A.C.
(262) through (279) No change.
(280) “Significant Emissions Rate”
(a) through (b) No change.
(c) For purposes of substances listed in paragraph (d) of the definition of “Regulated Air Pollutant” that do not otherwise have a threshold at paragraph (a) or (b), above, or for which 40 CFR 52.21(b)(50)(iv) prohibits regulation under the prevention of significant deterioration program, “Significant Emissions Rate” shall have the rate specified at 40 CFR 52.21(b)(23)(ii), adopted and incorporated by reference at Rule 62-204.800, F.A.C.
(281) through (336) No change.
Rulemaking Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History– Formerly 17-2.100, Amended 2-9-93, 11-28-93, Formerly 17-210.200, Amended 11-23-94, 4-18-95, 1-2-96, 3-13-96, 3-21-96, 8-15-96, 10-7-96, 10-15-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 2-19-03, 4-1-05, 7-6-05, 2-2-06, 4-1-06, 9-4-06, 9-6-06, 1-10-07, 5-9-07, 7-16-07, 3-16-08, 10-12-08, ________.