62-212.400: Prevention of Significant Deterioration (PSD)
PURPOSE AND EFFECT: The proposed rule development (OGC No. 11-0786) involves an amendment to Chapter 62-212, F.A.C., to exclude some facilities that produce ethanol by natural fermentation, including some ethanol fuel production facilities, from being considered a “chemical process plant” for purposes of qualifying for an exemption from the state’s “prevention of significant deterioration” air permitting rules. The proposed rule amendment is consistent with U.S. Environmental Protection Agency (EPA) regulations amended May 1, 2007. The department announces that a workshop will be held at the date, time and place given below. This workshop will also serve as a State Implementation Plan (SIP) public hearing pursuant to the requirements of 40 CFR 51.102. Anyone who wishes to submit written comments on the department’s proposal to submit the proposed rule amendments, if ultimately adopted, to EPA as proposed SIP revision should do so prior to July 27, 2011, by letter or e-mail to Ms. Lynn Scearce, Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Mail Station 5500, Tallahassee, Florida 32399-2400 or lynn.scearce@dep.state.fl.us.
SUBJECT AREA TO BE ADDRESSED: The proposed rule amendments involve the department’s EPA-approved air permitting program.
RULEMAKING AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.0872, 403.814 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, July 27, 2011, 10:00 a.m.
PLACE: Florida 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 at (850)717-9025 or lynn.scearce@dep.state.fl.us. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Lynn Scearce at (850)717-9025 or lynn.scearce@dep.state.fl.us
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
62-212.400 Prevention of Significant Deterioration (PSD).
The provisions of this rule generally apply to the construction or modification of air pollutant emitting facilities in those parts of the state in which the state ambient air quality standards are being met. The provisions of this rule also establish various requirements for existing emissions units and facilities in such areas, including specific construction/operation permit requirements.
(1) through (2) No change.
(3) Exemptions.
(a) No change.
(b) The requirements of subsections 62-212.400(4) through (12), F.A.C., shall not apply to a major stationary source or major modification if the source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:
1. through 19. No change.
20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140);
21. through 27. No change.
(c) through (e) No change.
(4) through (13) No change.
Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.500, Amended 2-2-93, Formerly 17-212.400, Amended 11-23-94, 1-1-96, 3-13-96, 2-5-98, 8-15-99, 2-2-06, 7-16-07, 10-6-08,________.