301 

Summary of Rule (2/19/10) 

SUMMARY OF RULE

Re: Rules, 62-296.412, 62-296.418, and 62-296.500, F.A.C. 

 Notice of Proposed Rulemaking: December 31, 2009 

 OGC No.: 09-3577 

 Project: Nonattainment-Area Related Misc. Changes 2009 

The Department of Environmental Protection is amending Rules, 62-296.412, 62-296.418, and 

62-296.500, F.A.C., to delete obsolete language in three rule sections that contain emission 

limiting standards for specific categories of air pollutant emitting facilities. 

The specific rule amendments are as follows: 

 62-296.412

 Deletes an obsolete reference to ozone nonattainment areas and replaces an incorrect 

reference to Chapter 62-275, F.A.C., with a correct rule reference. 

 62-296.418

 Deletes an obsolete reference to ozone nonattainment areas. 

 62-296.500

 Deletes an obsolete reference to ozone nonattainment areas and clarifies that the 

referenced air quality maintenance areas are as defined under Rule 62-204.340, 

F.A.C. 

 
302 

Statement of Facts and Circumstances (2/19/10) 

DETAILED STATEMENT OF FACTS AND CIRCUMSTANCES

JUSTIFYING PROPOSED RULE

Re: Rules 62-296.412, 62-296.418, and 62-296.500, F.A.C. 

 Notice of Proposed Rulemaking: December 31, 2009 

 OGC No.: 09-3577 

 Project: Nonattainment-Area Related Misc. Changes 2009 

Introduction

The Department of Environmental Protection is amending rule Chapter 62-296, F.A.C., to 

deleting obsolete language in three rule sections that contain emission limiting standards for 

specific categories of air pollutant emitting facilities. 

Need for Rule Change

Rules 62-296.412, 62-296.418, and 62-296.500, F.A.C., contain language that makes them 

applicable to facilities in ozone nonattainment areas. This language is obsolete and needs to be 

removed. Florida no longer has any ozone nonattainment areas. 

Summary of Rule Amendments

The specific rule amendments are as follows: 

 62-296.412

 Deletes an obsolete reference to ozone nonattainment areas and replaces an incorrect 

reference to Chapter 62-275, F.A.C., with a correct rule reference. 

 62-296.418

 Deletes an obsolete reference to ozone nonattainment areas. 

 62-296.500

 Deletes an obsolete reference to ozone nonattainment areas and clarifies that the 

referenced air quality maintenance areas are as defined under Rule 62-204.340, 

F.A.C. 

 
303 

Summary of Hearing (2/19/10) 

SUMMARY OF THE HEARING

Re: Rules, 62-296.412, 62-296.418, and 62-296.500, F.A.C. 

 Notice of Proposed Rulemaking: December 31, 2009 

 OGC No.: 09-3577 

 Project: Nonattainment-Area Related Misc. Changes 2009 

The Notice of Proposed Rulemaking was published December 31, 2009, in the Florida 

Administrative Weekly (FAW). If requested within 21 days of the date of this notice, a rule 

adoption hearing would have been held by the Department of Environmental Protection. 

No timely request for hearing was received by the agency and no hearing was held. 

305 

Adopted Rule or Rule Amendments, Effective 3/11/10 

62-296.412 Dry Cleaning Facilities. 

(1) through (3) No change. 

(4) Petroleum solvent dry cleaning facilities, located in areas designated as ozone nonattainment or air quality 

maintenance areas for ozone under Rule 62-204.340, F.A.C., as defined in Chapter 62-275, F.A.C., (including the 

respective metropolitan statistical areas) and all such facilities located in ozone attainment areas, with solvent 

consumption equal to or greater than 9,750 and 15,000 gallons per year, respectively, shall comply with the 

following: 

(a) through (d) No change. 

(5) No change. 

Rulemaking Specific Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–

Formerly 17-2.600(12), 17-296.412, Amended 11-23-94, 4-18-95, 1-1-96, 3-13-96, 6-25-96, 10-7-96, _______.

62-296.418 Bulk Gasoline Plants. 

(1) The owner or operator of a bulk gasoline plant that has begun operation prior to August 1, 2007, is located 

in an area designated as an a nonattainment area or air quality maintenance area for ozone under Rule 62-204.340, 

F.A.C., and has an average annual daily throughput of more than 2,000 gallons (7,570 liters) shall comply with the 

following requirements. 

(a) through (b) No change. 

(2) No change. 

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 5-9-07, ______. 

62-296.500 Reasonably Available Control Technology (RACT) - Volatile Organic Compounds (VOC) and 

Nitrogen Oxides (NOx) Emitting Facilities. 

(1) Applicability. 

(a) The specific emission limiting standards and other requirements of Rules 62-296.500 through 62-296.516, 

F.A.C., shall apply to existing VOC-emitting facilities in areas all designated as ozone nonattainment and air quality 

maintenance areas for ozone under Rule 62-204.340, F.A.C. In addition, the emission limiting standards of these 

rules shall apply to new and modified VOC-emitting facilities in areas all designated as ozone nonattainment and air 

quality maintenance areas for ozone under Rule 62-204.340, F.A.C., except those new and modified VOC-emitting 
306 

facilities which have been or would be subject to review pursuant to 40 C.F.R. § 52.21 or Rule 17-2.17 (repealed), 

17-2.500 (transferred), 17-2.510 (transferred), 62-212.400 or 62-212.500, F.A.C. 

(b) No change. 

(2) through (6) No change. 

Rulemaking Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-

2.650(1) – (1)(f), Amended 2-2-93, 3-17-94, Formerly 17-296.500, Amended 11-23-94, 1-1-96,_______. 

 
307 

Complete Rule Chapters as Amended 

 
308 

 
309 

Rule Chapter 62-210, Effective 3/11/10 

CHAPTER 62-210 STATIONARY SOURCES - GENERAL REQUIREMENTS 

62-210.100 Purpose and Scope. (Effective 1/10/07) 

62-210.200 Definitions. (Effective 3/11/10) 

62-210.220 Small Business Assistance Program. (Effective 2/11/99) 

62-210.300 Permits Required. (Effective 10/12/08) 

62-210.310 Air General Permits. (Effective 10/12/08) 

62-210.340 Citrus Juice Processing Facilities. (Effective 11/1/04) 

62-210.350 Public Notice and Comment. (Effective 10/12/08) 

62-210.360 Administrative Permit Corrections. (Effective 3/16/08) 

62-210.370 Emissions Computation and Reporting. (Effective 7/3/08) 

62-210.400 Emission Estimates. (Repealed) 

62-210.500 Air Quality Models. (Repealed) 

62-210.550 Stack Height Policy. (Effective 11/23/94) 

62-210.650 Circumvention. (Formerly 17-210.650) 

62-210.700 Excess Emissions. (Effective 11/23/94) 

62-210.900 Forms and Instructions. (Effective 3/11/10) 

62-210.920 Registration Forms for Air General Permits. (Effective 5/9/07) 

62-210.980 Severability. (Repealed) 

62-210.990 Effective Date. (Repealed) 

62-210.100 Purpose and Scope. 

The Department of Environmental Protection adopts this chapter to establish general requirements for stationary 

sources of air pollutant emissions and definitions for use in this chapter as well as Chapters 62-212, 62-213, 62-214, 

62-296, and 62-297, F.A.C. This chapter provides criteria for determining the need for an owner or operator to 

obtain Department authorization, by individual air permit, or by air general permit, to conduct certain activities 

involving sources of air pollutant emissions. It provides procedures to apply for an air construction or non-Title V 

air operation permit, or to register for use of an air general permit. It establishes public notice requirements, 

reporting requirements, and requirements relating to estimating emissions and using air quality models. This chapter 

also sets forth special provisions related to compliance monitoring, stack heights, circumvention of pollution control 

equipment, and excess emissions. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-9-93, Formerly 17-210.100, 

Amended 11-23-94, 1-10-07. 

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) “Acid Mist” – Liquid drops of any size of any acid including sulfuric acid and sulfur trioxide, hydrochloric 

acid, and nitric acid as measured by EPA test method 8, adopted by reference at Rule 62-204.800, F.A.C., and listed 

at Rule 62-297.401, F.A.C. 

(2) “Acid Rain Compliance Option” – A method of compliance available to an Acid Rain unit under the Federal 

Acid Rain Program. 

(3) “Acid Rain Compliance Plan” – That portion of an Acid Rain Part application submitted by the designated 

representative of an Acid Rain source which specifies the methods, or compliance options, by which each Acid Rain 

unit at the source will meet the applicable Acid Rain emissions limitation and Acid Rain emissions reduction 

requirements. 

(4) “Acid Rain Compliance Schedule” – An enforceable sequence of actions, measures, or operations designed 

to achieve or maintain compliance, or correct noncompliance, with an applicable requirement of the Acid Rain 

Program, including any applicable Acid Rain Part permit requirement. 
310 

(5) “Acid Rain Emissions Limitation” – The EPA-established sulfur dioxide and nitrogen oxides emissions 

limitations under the Federal Acid Rain Program. 

(6) “Acid Rain Part” – That separate portion of the Title V source permit specifying the Federal Acid Rain 

Program requirements for an Acid Rain source, and for the owners, operators and the designated representative of 

the Acid Rain source or the Acid Rain unit. 

(7) “Acid Rain Program or Federal Acid Rain Program” – The national sulfur dioxide and nitrogen oxides air 

pollution control and emissions reduction program established pursuant to 42 U.S.C. sections 7651-7651o and 40 

C.F.R. Parts 72, 73, 75, 76, 77, and 78, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(8) “Acid Rain Source” – A Title V source with one or more Acid Rain units. 

(9) “Acid Rain Unit” – A fossil fuel-fired combustion device listed as subject to any Acid Rain emissions 

reduction requirement or Acid Rain emissions limitation at 40 C.F.R. 72.6 or 79.2, adopted and incorporated by 

reference in Rule 62-204.800, F.A.C. 

(10) “Acrylonitrile” – An organic chemical, formula C3H3N, used in the production of various resins, polymers 

and acrylic fibers. Synonyms for acrylonitrile are: 2-propenitrile, acrylon, acrylonitrile monomer, cyanoethylene, 

AN, VCN, and vinyl cyanide. The Chemical Abstract Service registration number is 107-13-1. 

(11) “Actual Emissions” – The actual rate of emission of a pollutant from an emissions unit as determined in 

accordance with the following provisions: 

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the 

emissions unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of the normal operation of the emissions unit. The Department shall allow the use 

of a different time period upon a determination that it is more representative of the normal operation of the 

emissions unit. Actual emissions shall be calculated using the emissions unit’s actual operating hours, production 

rates and types of materials processed, stored, or combusted during the selected time period. 

(b) The Department may presume that unit-specific allowable emissions for an emissions unit are equivalent to 

the actual emissions of the emissions unit provided that such unit-specific allowable emissions limits are federally 

enforceable. 

(c) For any emissions unit that has not begun normal operations on a particular date, actual emissions shall 

equal the potential emissions of the emissions unit on that date. 

(12) “Administrator” – The Administrator of the United States Environmental Protection Agency or the 

Administrator’s designee. 

(13) “Adverse Impact on Visibility” – An impairment to visibility which interferes with the management, 

protection, preservation, or enjoyment of the visitor’s visual experience of a Federal Class I area. This determination 

shall be made during the permitting process, utilizing EPA-approved methods of visibility impairment analysis and 

taking into account such factors as the geographic extent, intensity, duration, frequency, and time of visibility 

impairments, and how these factors correlate with the time of visitor use of the Federal Class I area and the 

frequency and timing of natural conditions that reduce visibility. 

(14) “Affected Pollutant” – In a nonattainment area or area of influence for any pollutant other than ozone, the 

pollutant for which the area is designated nonattainment. In the case of an ozone nonattainment area classified as 

marginal or higher, the affected pollutants are volatile organic compounds (VOC) and nitrogen oxides (NOx). For a 

transitional ozone nonattainment area, the affected pollutant is VOC only. A pollutant is no longer an affected 

pollutant upon redesignation of the nonattainment area to an attainment area by the U.S. Environmental Protection 

Agency. 

(15) “Affected States” – All states, specifically, Alabama, Georgia, or Mississippi or any combination thereof, 

whose air quality may be affected by the operation of, or that are within 50 miles of, a Title V source for which a 

permit, permit revision, or permit renewal is being proposed under Chapter 62-213, F.A.C. 

(16) “Air Curtain Incinerator” – A portable or stationary combustion device that directs a plane of high velocity 

forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air 

over the surface of the pit and a recirculating motion of air under the curtain. 

(17) “Air Dried Coating” – Coatings which are dried by the use of air or forced warm air at temperatures up to 

194 degrees Fahrenheit (90 degrees Celsius). 

(18) “Air Emissions Bubble” or “Bubble” – An air pollution control strategy wherein a facility complies with a 

multi-unit aggregate emissions limit or cap, in lieu of unit-specific limits, on a pollutant-specific basis for carbon 

monoxide, nitrogen oxides, sulfur dioxide, particulate matter, PM10, or volatile organic compounds (VOCs). 

(19) “Air General Permit” – An authorization by rule as described in subsection 62-210.300(4), F.A.C., to 

construct or operate an air pollutant emitting facility. Use of such authorization by any individual facility does not 

require agency action. 
311 

(20) “Air Pollutant” – Any substance (particulate, liquid, gaseous, organic or inorganic) which if released, 

allowed to escape, or emitted, whether intentionally or unintentionally, into the outdoor atmosphere may result in or 

contribute to air pollution. 

(21) “Air Pollution” – The presence in the outdoor atmosphere of the state of any one or more substances or 

pollutants in quantities which are or may be harmful or injurious to human health or welfare, animal or plant life, or 

property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. 

(22) “Air Pollution Control Equipment” – Equipment, including that used to separate entrained particulate 

matter or organic vapors from gases, gas separation equipment, thermal oxidation equipment, and chemical 

reaction/conversion equipment, which is designed and used to reduce the discharge of a specific air pollutant to the 

atmosphere. 

(a) “Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant 

emissions from an emissions unit which alters the chemical composition of the pollutant flowing through the device. 

(b) “Non-Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant 

emissions from an emissions unit which does not alter the chemical composition of the pollutant flowing through the 

device. 

(23) “Air Quality Control Region” – Any air quality control region designated pursuant to Section 107 of the 

Clean Air Act. The boundaries of the air quality control regions in Florida are set forth in 40 C.F.R. Part 81, 

Sections 81.49, 81.68, 81.91, 81.95, 81.96 and 81.97, adopted and incorporated by reference in Rule 62-204.800, 

F.A.C. 

(24) “Allowable Emissions” – The emission rate calculated using the maximum rated capacity of the emissions 

unit, as limited or modified by any state or federally enforceable restrictions on the operating rate or hours of 

operation, or both, and the most stringent state or federal emission limiting standard applicable to the emissions unit; 

or the maximum allowable emission rate specified by any state or federally enforceable permit conditions. 

(25) “Alternate Designated Representative” – 

(a) For the purposes of the Acid Rain Program, alternate designated representative shall mean “alternate 

designated representative” as described in 40 CFR 72.22, adopted and incorporated by reference in Rule 62-204.800, 

F.A.C. 

(b) For the purposes of the CAIR Program, alternate designated representative shall mean “alternate CAIR 

designated representative” as defined in 40 CFR 96.102, 96.202, or 96.302, adopted and incorporated by reference 

in Rule 62-204.800, F.A.C. 

(26) “Alternative Control Techniques Document” or “ACT” – A guidance document issued by the U.S. 

Environmental Protection Agency under the Clean Air Act (42 U.S.C. s. 7511b) which identifies control alternatives 

for sources of volatile organic compounds (VOC) and nitrogen oxides (NOx) that emit more than 25 tons per year. 

(27) “Ambient Air Quality Standard” or “Ambient Standard” – A restriction established to limit the quantity or 

concentration of an air pollutant that may be allowed to exist in the ambient air for any specific period of time. 

(a) “National Ambient Air Quality Standard” means an ambient standard established by EPA and specified at 

40 C.F.R. Part 50, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(b) “Primary Standard” means an ambient standard established to protect public health. 

(c) “Secondary Standard” means an ambient standard established to protect the public welfare including the 

protection of animal and plant life, property, visibility and atmospheric clarity, and the enjoyment of life and 

property. 

(d) “State Ambient Air Quality Standard” means an ambient standard established or adopted by the Department. 

(28) “Animal Crematory” – Any combustion apparatus used solely for the cremation of animal remains. 

(29) “Applicable Requirement” – 

(a) For purposes of the permitting requirements of Chapter 62-213, F.A.C., all of the following as they apply to 

a Title V source or any emissions unit at such source: 

1. Any standard or other requirement provided for in the state implementation plan; 

2. Any term or condition of any preconstruction permit issued by the Environmental Protection Agency 

pursuant to 40 C.F.R. 52.21 or by the Department pursuant to subparagraph 62-204.800(11)(d)2., F.A.C. (formerly 

62-204.800(10)(d)2.); Rule 62-212.300, F.A.C. (formerly 17-212.300, formerly 17-2.520); Rule 62-212.400, F.A.C. 

(formerly 17-212.400, formerly 17-2.500); Rule 62-212.500, F.A.C. (formerly 17-212.500, formerly 17-2.510); Rule 

62-212.720, F.A.C.; Rule 17-2.17, F.A.C. (repealed); or Rule 62-4.210, F.A.C. (formerly 17-4.210, formerly 17-

4.21); 

3. Any term or condition of any air operation permit issued pursuant to paragraph 62-210.300(2)(b), F.A.C.; 

4. Any standard or other requirement under Chapter 62-4, 62-204, 62-210, 62-212, 62-213, 62-214, 62-252, 62-

256, 62-257, 62-281, 62-296, or 62-297, F.A.C.; 
312 

5. Any standard or other requirement under the Federal Acid Rain Program; 

6. Any standard or other requirement under 42 U.S.C. Section 7411 or 7412, as published in “United States 

Code, 2000 Edition, Supplements 1 and 2,” available online at http://www.gpoaccess.gov/uscode/index.html; 

7. If incorporated into the Specific Operating Agreement with the Department, any standard or other 

requirement adopted by a local air pollution control program having geographical jurisdiction over the emission 

unit, unless such standard or requirement conflicts with the provisions of the Federal Acid Rain Program or the 

Florida Electrical Power Plant Siting Act; 

8. Any standard or other requirement of 40 C.F.R. Part 55, adopted by reference in Rule 62-204.800, F.A.C.; 

9. Any applicable standard or other requirement of Subpart B, C, or D of 40 C.F.R. Part 59, adopted by 

reference in Rule 62-204.800, F.A.C.; 

10. Any applicable standard or other requirement of 40 C.F.R. Part 64, adopted by reference in Rule 62-

204.800, F.A.C.; 

11. Any applicable standard or other requirement of Subpart A, B, C, D, E, F, or G of 40 C.F.R. Part 65, 

adopted by reference in Rule 62-204.800, F.A.C.; 

12. Any applicable standard or other requirement of Subpart A, B, C, E, F, or G of 40 C.F.R. Part 82, adopted 

by reference in Rule 62-204.800, F.A.C. 

(b) For purposes of the permitting and exemption requirements of Chapters 62-210 and 62-212, F.A.C., all of 

the following as they apply to any facility or to any emissions unit within such facility: 

1. Any standard or other requirement provided for in the State Implementation Plan; 

2. Any term or condition of any preconstruction permit issued by the Environmental Protection Agency 

pursuant to 40 C.F.R. 52.21 or by the Department pursuant to subparagraph 62-204.800(11)(d)2., F.A.C. (formerly 

62-204.800(10)(d)2.); Rule 62-212.300, F.A.C. (formerly 17-212.300, formerly 17-2.520); Rule 62-212.400, F.A.C. 

(formerly 17-212.400, formerly 17-2.500); Rule 62-212.500, F.A.C. (formerly 17-212.500, formerly 17-2.510); Rule 

62-212.720, F.A.C.; Rule 17-2.17, F.A.C. (repealed); or Rule 62-4.210, F.A.C. (formerly 17-4.210, formerly 17-

4.21); 

3. Any term or condition of any air operation permit; 

4. Any standard or other requirement under Chapter 62-4, 62-204, 62-210, 62-212, 62-252, 62-256, 62-257, 62-

281, 62-296, or 62-297, F.A.C. 

5. Any standard or other requirement under 42 U.S.C. Section 7411 or 7412, as published in “United States 

Code, 2000 Edition, Supplements 1 and 2,” available online at http://www.gpoaccess.gov/uscode/index.html; and 

6. If incorporated into the Specific Operating Agreement with the Department, any standard or other 

requirement adopted by a local air pollution control program having geographical jurisdiction over the emission 

unit, unless such standard or requirement conflicts with the provisions of the Federal Acid Rain Program or the 

Florida Electrical Power Plant Siting Act. 

(30) “Application Area” – The area where a coating is applied by spraying, dipping, or flowcoating techniques. 

(31) “Approved Conditional Compliance Option” – A conditional compliance option which has been 

incorporated into the Acid Rain Part. 

(32) “Area of Influence” – An area which is outside the boundary of a nonattainment or air quality maintenance 

area but within the locus of all points that are fifty kilometers outside of the boundary of the nonattainment or air 

quality maintenance area. 

(33) “Asphalt” – A dark brown to black cementitious material (solid, semi-solid, or liquid in consistency) in 

which the predominating constituents are bitumens which occur in nature as such or which are obtained as a residue 

in refining petroleum. 

(34) “Asphalt Concrete Plant” or “Hot Mix Asphalt Plant” – Any facility that produces hot mix asphalt by 

heating and drying aggregate and mixing with asphalt cements. 

(35) “Base Emission Limit” – The maximum emission offset that any emissions unit is eligible to provide to 

another emissions unit. In an ozone nonattainment area classified as marginal or higher, the base emission limit is 

defined separately for emissions of volatile organic compounds (VOC) and nitrogen oxides (NOx). 

(36) “Baseline Actual Emissions” and “Baseline Actual Emissions for PAL” – The rate of emissions, in tons per 

year, of a PSD pollutant, as follows: 

(a) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in 

tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by 

the owner or operator within the 5-year period immediately preceding the date a complete permit application is 

received by the Department. The Department shall allow the use of a different time period upon a determination that 

it is more representative of normal source operation. 
313 

1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with 

startups and shutdowns. 

2. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the 

source was operating above any emission limitation that was legally enforceable during the consecutive 24-month 

period. 

3. For a PSD pollutant, when a project involves multiple emissions units, only one consecutive 24-month period 

must be used to determine the baseline actual emissions for the emissions units being changed. A different 

consecutive 24-month period can be used for each PSD pollutant. 

4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate 

information for determining annual emissions, in tons per year, and for adjusting this amount if required by 

subparagraph (a)2. above. 

(b) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions 

means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding the 

date a complete permit application is received by the Department, except that the 10-year period shall not include 

any period earlier than November 15, 1990. 

1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with 

startups and shutdowns. 

2. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the 

source was operating above an emission limitation that was legally enforceable during the consecutive 24-month 

period. 

3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission 

limitation with which the major stationary source must currently comply, had such major stationary source been 

required to comply with such limitations during the consecutive 24-month period. 

4. For a PSD pollutant, when a project involves multiple emissions units, only one consecutive 24-month period 

must be used to determine the baseline actual emissions for all the emissions units being changed. A different 

consecutive 24-month period can be used for each PSD pollutant. 

5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate 

information for determining annual emissions, in tons per year, and for adjusting this amount if required by 

subparagraphs (b)2. and 3. above. 

(c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase 

that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit. 

(37) “Baseline Area” – The area (and every part thereof) designated as a prevention of significant deterioration 

(PSD) area under Rule 62-204.360, F.A.C., in which the facility or major modification establishing the minor source 

baseline date would construct or in which the emissions of the facility (or the significant net increase in emissions 

for a major modification) would have a predicted air quality impact equal to or greater than one (1) microgram per 

cubic meter (annual average) of the pollutant for which the minor source baseline date is established. 

(38) “Baseline Concentration” – The ambient concentration level that exists in the baseline area at the time of 

the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established and for each averaging time for which a maximum allowable increase is 

established in Rule 62-204.260, F.A.C. 

(a) The baseline concentration shall include the concentration attributable to: 

1. The actual emissions representative of sources in existence on the applicable minor source baseline date, 

except as provided at paragraph (b) below; and 

2. The federally enforceable allowable emissions of major stationary sources on which construction commenced 

on or before the major source baseline date but which were not in operation by the applicable minor source baseline 

date. 

(b) The baseline concentration shall not include the concentration attributable to the following emissions; rather, 

such emissions shall affect the amount of any applicable allowable increase remaining available: 

1. The actual emissions from any major stationary source on which construction commenced after the major 

source baseline date; and 

2. Any increase or decrease in the actual emissions of facilities occurring after the applicable minor source 

baseline date. 

(c) For purposes of this definition, “construction” means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, shutdown or modification of an emissions unit) 
314 

that would result in a change in emissions, and “commence construction” has the meaning given at Rule 62-210.200, 

F.A.C., provided, however, that in the case of demolition or shutdown of an emissions unit, “commence 

construction” means that the owner or operator has permanently ceased all operations of the unit. 

(d) Notwithstanding the provisions of paragraph (b) above: 

1. The change in concentration attributable to any decrease in the actual emissions of a facility on which the 

Department has relied in demonstrating attainment, defining reasonable further progress, or issuing a permit under 

the provisions of Rule 17-2.17 (repealed), 17-2.510 (transferred), 17-2.650 (transferred), 62-212.500, 62-296.500 

through 62-296.570, or 62-296.700 through 62-296.712, F.A.C., shall be included in the baseline concentration and 

not be considered in determining the amount of any maximum allowable increase remaining available; and 

2. Concentrations of particulate matter attributable to the increase in emissions from construction or other 

temporary emission-related activities of new or modified facilities shall be excluded in determining compliance with 

any maximum allowable increase. 

(39) “Batch Process” – A process which takes in the basic raw materials at the beginning of a cycle and 

processes them in accordance with a predetermined scheme during which no more basic raw materials are added to 

the process. Two variations include: 

(a) Processes where some of the reactants (materials) are added at the beginning with the remainder added as 

the reaction progresses. 

(b) Processes where once the materials are added, one or more products are continuously removed as the 

reaction progresses. 

Such processes include production of super phosphate, basic oxygen furnaces, and cement batch plants. 

(40) “Best Available Control Technology” or “BACT” – 

(a) An emission limitation, including a visible emissions standard, based on the maximum degree of reduction 

of each pollutant emitted which the Department, on a case by case basis, determines is achievable through 

application of production processes and available methods, systems and techniques (including fuel cleaning or 

treatment or innovative fuel combustion techniques) for control of each such pollutant, taking into account: 

1. Energy, environmental and economic impacts, and other costs; 

2. All scientific, engineering, and technical material and other information available to the Department; and 

3. The emission limiting standards or BACT determinations of Florida and any other state. 

(b) If the Department determines that technological or economic limitations on the application of measurement 

methodology to a particular part of an emissions unit or facility would make the imposition of an emission standard 

infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed 

instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth 

the emissions reductions achievable by implementation of such design, equipment, work practice or operation. 

(c) Each BACT determination shall include applicable test methods or shall provide for determining compliance 

with the standard(s) by means which achieve equivalent results. 

(d) In no event shall application of best available control technology result in emissions of any pollutant which 

would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. 

(41) “Biological Waste” – Solid waste that causes or has the capability of causing disease or infection and 

which includes biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to 

humans or animals. 

(42) “Biological Waste Incinerator” – Any incinerator operated or utilized for the disposal or treatment of 

biological waste. The term does not include any air curtain incinerator used or authorized by the Department of 

Agriculture and Consumer Services for the emergency destruction of animal carcasses. 

(43) “Biomass” – Vegetative matter and untreated wood. 

(44) “Biomedical Waste” – Any solid or liquid waste which may present a threat of infection to humans, 

including nonliquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; 

laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following 

are also included: 

(a) Used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions 

contaminated with visible blood; and absorbent materials saturated with blood or blood products that have dried. 

(b) Non-absorbent, disposable devices that have been contaminated with blood, body fluids, or secretions or 

excretions visibly contaminated with blood, but have not been treated by a method listed in Section 381.0098, F.S., 

or a method approved pursuant to Chapter 64E-16, F.A.C. 

(45) “Black Liquor Oxidation System” – The vessels used to oxidize, with air or oxygen, the black liquor, and 

associated storage tank(s). 
315 

(46) “Black Liquor Solids” – The dry weight of the solids which enter the kraft recovery furnace in the black 

liquor. 

(47) “Brown Stock Washer System” – Brown stock washers and associated knotters, vacuum pumps, and 

filtrate tanks used to wash the pulp following the digester system. 

(48) “Bubble Baseline Emissions” or “Bubble Baseline” – For purposes of establishing an air emissions bubble, 

the sum of emissions of each pollutant from the emissions units included within the bubble, expressed both on a 

short-term and long-term basis. 

(a) On a short-term basis, the bubble baseline shall be calculated by summing the allowable emissions of each 

unit after converting the allowable emissions to the equivalent pounds per hour. 

(b) On a long-term basis the bubble baseline shall be calculated in tons per year by multiplying the allowable 

emissions times the actual capacity of each unit, actual capacity being determined as the average of the highest two 

out of the last five calendar years prior to the permit application for the bubble. For steam generating units, the 

actual capacity shall be expressed as million British Thermal Units per year. 

(49) “Building Enclosure” – A building or room enclosure that contains an activity, process, or emissions unit 

that emits an air pollutant. 

(50) “Bulk Gasoline Plant” – Any gasoline storage and distribution facility that receives gasoline from bulk 

terminals by pipeline, ship, barge, or gasoline cargo tank, stores it in tanks, and subsequently delivers it to resellers, 

farms, businesses, service stations, or other end users, and that has an annual average daily throughput of less than 

20,000 gallons (75,700 liters), calculated on the basis of the number of calendar days that the facility receives or 

distributes gasoline. 

(51) “Bulk Gasoline Terminal” – Any gasoline storage and distribution facility that receives gasoline from its 

supply sources primarily by pipeline, ship, barge, or gasoline cargo tank and delivers gasoline to bulk gasoline 

plants or to commercial or retail accounts primarily by tanker truck or trailer, and that has an annual average daily 

throughput of equal to or more than 20,000 gallons (75,700 liters) of gasoline, calculated on the basis of the number 

of calendar days that the facility receives or distributes gasoline. 

(52) “CAIR” – Abbreviation for federal Clean Air Interstate Rule. 

(53) “CAIR NOx Allowance” – A limited authorization issued by the Department pursuant to Rule 62-296.470, 

F.A.C., to emit one ton of nitrogen oxides during a control period of the specified calendar year for which the 

authorization is allocated, or of any calendar year thereafter, under the CAIR NOx Annual Trading Program. 

(54) “CAIR NOx Annual Trading Program” – The program implemented at subsection 62-296.470(3), F.A.C., 

which, upon approval by the U.S. Environmental Protection Agency, requires CAIR NOx units in Florida to 

participate in the multi-state air pollution control and emission reduction program administered by the U.S. 

Environmental Protection Agency pursuant to 40 CFR Part 96, adopted and incorporated by reference in Rule 62-

204.800, F.A.C. 

(55) “CAIR NOx Ozone Season Allowance” - A limited authorization issued by the Department pursuant to 

Rule 62-296.470, F.A.C., to emit one ton of nitrogen oxides during a control period of the specified calendar year 

for which the authorization is allocated, or of any calendar year thereafter, under the CAIR NOx Ozone Season 

Trading Program. 

(56) “CAIR NOx Ozone Season Trading Program” – The program implemented at subsection 62-296.470(5), 

F.A.C., which, upon approval by the U.S. Environmental Protection Agency, requires CAIR NOx Ozone Season 

units in Florida to participate in the multi-state air pollution control and emission reduction program administered by 

the U.S. Environmental Protection Agency pursuant to 40 CFR Part 96, adopted and incorporated by reference in 

Rule 62-204.800, F.A.C. 

(57) “CAIR NOx Ozone Season Unit” – A unit that is subject to the CAIR NOx Ozone Season Trading 

Program pursuant to 40 CFR 96.304, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(58) “CAIR NOx Unit” – A unit that is subject to the CAIR NOx Annual Trading Program pursuant to 40 CFR 

96.104, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(59) “CAIR Part” or “CAIR Permit” – DEP Form No. 62-210.900(1)(b), completed and certified by the 

designated representative and incorporated as a part of the Title V source permit or air construction permit. The 

CAIR Part shall specify the CAIR Program requirements applicable to the CAIR source, to each CAIR unit at the 

source, and to the owners and operators and the designated representative of the CAIR source and each such unit. 

(60) “CAIR Program” – Any or all of the following: 

(a) CAIR NOx Annual Trading Program; 

(b) CAIR SO2 Trading Program; or 

(c) CAIR NOx Ozone Season Trading Program. 
316 

(61) “CAIR SO2 Allowance” – A limited authorization issued by the Administrator under the Acid Rain 

Program to emit sulfur dioxide during the control period of the specified calendar year for which the authorization is 

allocated, or of any calendar year thereafter, under the CAIR SO2 Trading Program. 

(62) “CAIR SO2 Trading Program” – The program implemented at subsection 62-296.470(4), F.A.C., which, 

upon approval by the U.S. Environmental Protection Agency, requires CAIR SO2 units in Florida to participate in 

the multi-state air pollution control and emission reduction program administered by the U.S. Environmental 

Protection Agency pursuant to 40 CFR Part 96, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(63) “CAIR SO2 Unit” – A unit that is subject to the CAIR SO2 Trading Program pursuant to 40 CFR 96.204, 

adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(64) “CAIR Source” – A facility that includes one or more CAIR units. 

(65) “CAIR Unit” – 

(a) A CAIR NOx unit; 

(b) A CAIR SO2 unit; or 

(c) A CAIR NOx Ozone Season unit. 

(66) “Calciner” – A device used to calcine lime mud, consisting primarily of calcium carbonate, into quicklime 

(calcium oxide), by using a fluidized bed to burn or reburn the lime mud in suspension. 

(67) “Capacity Factor” – The ratio of the average load on or output of a machine or unit operation to the 

permitted capacity rating of the machine or unit operation for a normal operation period or cycle. The “capacity 

factor” shall be expressed as a percent of rating. 

(68) “Capture” – The containment or recovery of emissions from an activity, process, or emissions unit for 

direction into a duct which may be exhausted through a stack or sent to a destructive or nondestructive control 

device. 

(69) “Capture Efficiency” – The weight per unit time of an air pollutant entering a capture system and delivered 

to a control device divided by the weight per unit time of the total amount of the same air pollutant which was 

generated by the emissions unit or emissions units served by the capture system, expressed as a percentage. 

(70) “Capture System” – All equipment, including hoods, ducts, fans, booths, ovens, dryers, etc., used to 

contain, collect, capture, or transport a pollutant to a control device. 

(71) “Carbon Adsorption System” – A device containing adsorbent material (e.g., activated carbon, aluminum, 

silica gel); an inlet and outlet for exhaust gases; and a system to regenerate the saturated adsorbent. The carbon 

adsorption system must provide for the proper disposal or reuse of all VOC adsorbed. 

(72) “Carbonaceous Fuel” – Solid materials composed primarily of vegetative matter such as tree bark, wood 

waste, or bagasse. 

(73) “Carbonaceous Fuel Burning Equipment” – A firebox, furnace or combustion device which burns 

carbonaceous and fossil fuels for the primary purpose of producing steam or to heat other liquids or gases. The term 

includes bagasse burners, bark burners, and waste wood burners, but does not include teepee or conical wood 

burners or incinerators. 

(74) “Cast Polymer Operation” – An operation where gel coat resin is sprayed or otherwise applied to a mold, 

after which a casting resin is applied without spraying. A cast polymer operation does not incorporate the spray layup of fiber reinforcement. 

(75) “Cause or Contribute” – With respect to a violation of an ambient air quality standard, to have a significant 

impact on the ambient air concentration of a pollutant at any locality that does not or would not meet the applicable 

standard. 

(76) “C.F.R.” or “CFR” – Code of Federal Regulations 

(77) “Clean Air Act (CAA)” or “Act” – The Federal Clean Air Act (42 U.S.C. s. 7401 et seq.) 

(78) “Clean Coal Technology” – Any technology, including technologies applied at the precombustion, 

combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air 

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of 

electricity, or process steam which was not in widespread use as of November 15, 1990. 

(79) “Clean Coal Technology Demonstration Project” – A project using funds appropriated under the heading 

“Department of Energy – Clean Coal Technology”, up to a total amount of $2,500,000,000 for commercial 

demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental 

Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of 

the demonstration project. A temporary clean coal technology demonstration project is a clean coal technology 

demonstration project that is operated for a period of 5 years or less, and which complies with the state 

implementation plans for the state in which the project is located and other requirements necessary to attain and 

maintain the national ambient air quality standards during the project and after it is terminated. 
317 

(80) “Clear Coat ” – A coating which lacks color and opacity or is transparent and uses the undercoat as a 

reflectant base or undertone color. 

(81) “Coating” – The application of a protective, decorative, or functional film to a surface. 

(82) “Coating Application System” – Any operations and equipment which apply, convey, and dry a surface 

coating, including spray booths, flow coaters, conveyors, flashoff areas, air dryers and ovens. 

(83) “Coating Applicator” – An apparatus used to apply a surface coating to a surface. 

(84) “Coating Line” – One or more apparatus or operations which include a coating applicator, flashoff area, 

and oven wherein a surface coating is applied, dried and/or cured. 

(85) “Coil Coating” – The coating of any flat metal sheet or strip that comes in rolls or coils. 

(86) “Cold Cleaning” – The batch process of cleaning and removing soils from metal surfaces by brushing, 

flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this 

definition. 

(87) “Cold Mixed Asphaltic Concrete Patching Material” – A mixture of asphalt cement, stone aggregate, and 

mineral filler blended together with a small amount of petroleum solvent (diluent). The diluent prevents the material 

from hardening after the heat of mixing has dissipated, thereby allowing stockpile storage of the material for use in 

pavement repairs when the use of hot asphaltic concrete is impractical. 

(88) “Commence Construction” – As applied to the construction or modification of a facility, means that the 

owner has all preconstruction permits and approvals required under federal air pollution control laws and regulations 

and those air pollution control laws and regulations which are part of the State Implementation Plan (SIP) or which 

are part of Chapter 62-210 or 62-212, F.A.C., to the extent that the provisions of these laws and regulations specify 

conditions or requirements for obtaining a state construction permit for an emissions unit, and: 

(a) Begins a continuous program of actual on-site construction or physical modification of the facility, to be 

completed within a time commensurate with the nature of the construction project; or 

(b) Enters into binding agreements or contractual obligations, which cannot be cancelled or modified without 

substantial loss to the owner or operator, to undertake a program of actual construction or physical modification of 

the facility to be completed within a time commensurate with the nature of the construction project; or 

(c) Begins those on-site activities, other than preparatory activities, which mark the initiation of a change in the 

method of operation of the facility. 

(89) “Commence Operation” – 

(a) For purposes of the Acid Rain Program, to begin any mechanical, chemical, or electronic process, including 

start-up of an emissions control technology or emissions monitor or of an emissions unit’s combustion chamber. 

(b) For the purposes of the CAIR Program, commence operation shall mean “commence operation” as defined 

in 40 CFR 96.102, 96.202, or 96.302, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(c) Otherwise, to set into operation any emissions unit for any purpose. 

(90) “Complete” – In reference to an application for a permit, means that the application contains all of the 

information necessary for processing the application, except as otherwise provided in Rule 62-213.420, F.A.C. 

(91) “Condensate” – Hydrocarbon liquid separated from natural gas which condenses due to changes in the 

temperature and/or pressure and remains liquid at standard conditions. 

(92) “Condensate Stripper System” – A column and associated condensers, used to strip, with air or steam, total 

reduced sulfur (TRS) compounds from contaminated condensate streams. 

(93) “Conditional Compliance Option” – A compliance option submitted as part of an Acid Rain compliance 

plan which is not intended to be immediately active, but which may be activated at a later date during the term of the 

permit. 

(94) “Construction” – 

(a) The act of performing on-site fabrication, erection, installation or modification of an emissions unit or 

facility of a permanent nature, including installation of foundations or building supports; laying of underground pipe 

work or electrical conduit; and fabrication or installation of permanent storage structures, component parts of an 

emissions unit or facility, associated support equipment, or utility connections. Land clearing and other site 

preparation activities are not a part of the construction activities. 

(b) For the purposes of Rules 62-212.300, 62-212.400, 62-212.500, and 62-212.720, F.A.C., construction means 

any physical change or change in the method of operation (including fabrication, erection, installation, or 

modification of an emissions unit) that would result in a change in emissions. 

(c) For the purposes of the provisions of 40 CFR Parts 60 and 61, adopted by reference in Rule 62-204.800, 

F.A.C., construction means fabrication, erection, or installation of an affected facility. 

(d) For the purposes of the provisions of 40 CFR Part 63, adopted by reference in Rule 62-204.800, F.A.C., 

construction means the on-site fabrication, erection, or installation of an affected source. Construction does not 
318 

include the removal of all equipment comprising an affected source from an existing location and reinstallation of 

such equipment at a new location. The owner or operator of an existing affected source that is relocated may elect 

not to reinstall minor ancillary equipment including piping, ductwork, and valves. However, removal and 

reinstallation of an affected source will be construed as reconstruction if it satisfies the criteria for reconstruction as 

defined in this section. The costs of replacing minor ancillary equipment must be considered in determining whether 

the existing affected source is reconstructed. 

(95) “Continuous Emissions Monitoring System” or “CEMS” – All of the equipment that may be required to 

meet the data acquisition and availability requirements to sample, condition or analyze; and provide a record of 

emissions on a continuous basis. 

(96) “Continuous Emissions Rate Monitoring System” or “CERMS” – The total equipment required for the 

determination and recording of the pollutant mass emissions rate in terms of mass per unit of time. 

(97) “Continuous Monitoring System” – All equipment, required under applicable rules, used to calibrate, 

sample, condition (if applicable), and analyze air pollutant emissions, or used to provide a permanent record of 

emissions or process parameters. 

(98) “Continuous Parameter Monitoring System” or “CPMS” – All of the equipment necessary to meet the data 

acquisition and availability requirements of 40 CFR 52.21, adopted by reference in Rule 62-204.800, F.A.C., to 

monitor process and control device operational parameters including control device secondary voltages and electric 

currents; and other information including gas flow rate, oxygen or carbon dioxide concentrations; and to record 

average operational parameter value (s) on a continuous basis. 

(99) “Continuous Unloader” – A bulk materials unloading system that is normally installed at wharf or pier 

side. A typical system is essentially of enclosed construction, providing for dust abatement and weather tightness, 

utilizing screw conveyors, elevators, conveyor belt arrangements, or similar devices to facilitate basically 

uninterrupted discharge of materials from vessel cargo holds. 

(100) “Control Device” – See “Air Pollution Control Equipment” above. 

(101) “Control System” – A combination of one or more capture systems and control devices working in 

concert to reduce the discharges of an air pollutant to the ambient air. 

(102) “Control Techniques Guidelines Document” or “CTG” – A guidance document issued by the U.S. 

Environmental Protection Agency under the Clean Air Act (42 U.S.C. s. 7511b) which defines reasonably available 

control technology (RACT) and presumptive RACT limits for a source category. 

(103) “Conveyorized Degreasing” – The continuous process of cleaning and removing soils from metal surfaces 

by operating with either cold or vaporized solvents. 

(104) “Cross Recovery Furnace” – A furnace used to recover chemicals consisting primarily of sodium and 

sulfur compounds by burning black liquor which on a quarterly basis contains more than 7 weight percent of the 

total pulp solids from the neutral sulfite semichemical (NSSC) process and has a green liquor sulfidity of more than 

28 percent. 

(105) “Crude Oil” – A naturally occurring mixture which consists of hydrocarbons and/or sulfur, nitrogen 

and/or oxygen derivatives of hydrocarbons and which is liquid at standard conditions. 

(106) “Cutback Asphalt” – Asphalt cement which has been liquefied by blending with petroleum solvents 

(diluents). Upon exposure to atmospheric conditions the diluents evaporate, leaving the asphalt cement to perform 

its function. 

(107) “Delivery Vessel” – Tank trucks or trailers equipped with a storage tank and used for the transport of 

gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities. 

(108) “Department” – The State of Florida Department of Environmental Protection. 

(109) “Destruction or Removal Efficiency” – The weight per unit time of an air pollutant entering a control 

device or set of control devices minus the weight per unit time of that air pollutant exiting the control device(s), 

divided by the weight per unit time of that air pollutant entering the control device(s), expressed as a percentage. 

(110) “Digester System” – Each continuous digester or each batch digester used for the cooking of wood in 

white liquor, and associated flash tank(s), blow tank(s), chip steamer(s) and condenser(s). 

(111) “Digital Printing” – The transfer of electronic files directly from the computer to an electronically driven 

output device that prints the image directly on the selected media (substrate). 

(112) “Draft Permit” – The version of a Title V permit for which the Department offers public participation 

under subsection 62-210.350(3), F.A.C., or affected state review under subsection 62-213.450(2), F.A.C. 

(113) “Designated Representative” – 

(a) For the purposes of the Acid Rain Program, a responsible natural person authorized, by the owners and 

operators of an Acid Rain source and of all Acid Rain units at the source, in accordance with 40 C.F.R. Part 72, 
319 

Subpart B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., to represent and legally bind each 

owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. 

(b) For the purposes of the CAIR Program, designated representative shall mean “CAIR designated 

representative” as defined in 40 CFR 96.102, 96.202, or 96.302, adopted and incorporated by reference in Rule 62-

204.800, F.A.C. 

(114) “Draft Acid Rain Part” – Means the version of the Acid Rain Part of a Title V source operation permit 

that the Department offers for public comment. 

(115) “Dry Cleaning Facility” – A facility engaged in the cleaning of fabrics in a nonaqueous solvent by means 

of one or more washes in solvent, extraction of excess solvent by spinning, and drying by tumbling in an airstream. 

The facility includes washer, dryer, filter and purification systems; emission control equipment; waste disposal 

systems; holding tanks; pumps and attendant piping and valves. 

(116) “Electrical Power Plant” – Any electrical generating facility that uses any process or fuel and that is 

owned or operated by an electric utility and includes any associated facility that directly supports the operation of 

the electrical power plant. 

(117) “Electric Utility” – Cities and towns, counties, public utility districts, regulated electric companies, 

electric cooperatives, and joint operating agencies, or combinations thereof, engaged in, or authorized to engage in, 

the business of generating, transmitting, or distributing electric energy. 

(118) “Electron Beam-Cured” – An ink and coating drying process by which monomers, oligomers, and other 

components polymerize to form a film when exposed to an electron beam radiation. 

(119) “Emergency Generator” – Any stationary generator powered by an internal combustion engine which 

operates no more than 500 hours per year as a mechanical or electrical power source to provide power internal to a 

facility only when the primary power source for that facility has been rendered inoperable by an emergency 

situation. 

(120) “Electric Utility Steam Generating Unit” – Any steam electric generating unit that is constructed for the 

purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical 

output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the 

purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also 

considered in determining the electrical energy output capacity of the unit. 

(121) “Emission” – The discharge or release into the atmosphere of one or more air pollutants. 

(122) “Emission Limiting Standard” or “Emission Standard” or “Emission Limitation” or “Performance 

Standard” – Any restriction established in or pursuant to a regulation adopted by the Department which limits the 

quantity, rate, concentration or opacity of any pollutant released, allowed to escape or emitted, whether intentionally 

or unintentionally, into the atmosphere, including any restriction which prescribes equipment, sets fuel 

specifications, or prescribes operation or maintenance procedures for an emissions unit to assure emission reduction 

or control. 

(123) “Emission Offset” or “Offset” – A compensating reduction in the emissions of an affected pollutant from 

a permitted emissions unit to provide an emission allowance for a new or modified emissions unit. 

(124) “Emission Point” or “Discharge Point” – The point at which an air pollutant first enters the atmosphere. 

(125) “Emissions Unit” – Any part or activity of a facility that emits or has the potential to emit any air 

pollutant. 

(126) “Emulsified Asphalt” – An emulsion of asphalt cement and water which contains a small amount of an 

emulsifying agent; a heterogeneous system containing two normally immiscible phases (asphalt and water) in which 

the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase. 

(127) “End Sealing Compound” – A synthetic rubber compound which when coated on a can end functions as a 

gasket when the end is assembled on the can. 

(128) “Environmental Protection Agency” or “EPA” – The United States Environmental Protection Agency. 

(129) “Existing Emissions Unit” – An emissions unit which was in existence, in operation, or under 

construction, or had received a permit to begin construction prior to January 18, 1972. However, “existing emissions 

unit” for the purposes of Rules 62-296.700 through 62-296.712, and 62-212.500, F.A.C., shall mean any emissions 

units which is not defined as a new emissions unit with respect to a specific rule or provision of any of those 

sections. For the purpose of Rules 62-296.500 through 62-296.512, F.A.C., existing emissions units are those 

emissions units which were constructed or for which a construction permit was issued prior to July 1, 1979. For the 

purposes of Rule 62-212.400, F.A.C., an existing emissions unit is an emissions unit which is not a new emissions 

unit as defined for the purposes of Rule 62-212.400, F.A.C. 

(130) “Exterior Base Coating” – A coating applied to the exterior of a can to provide exterior protection to the 

metal and background for the lithographic or printing operation. 
320 

(131) “External Floating Roof” – A storage vessel cover in an open top tank consisting of a double deck or 

pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with 

a closure seal or seals to close the space between the roof edge and tank shell. 

(132) “Extreme Performance Coating” – Coating designed to withstand exposure to harsh conditions such as 

continuous weather exposure and temperatures consistently above 203 degrees Fahrenheit (95 degrees Celsius), or 

abrasive and scouring agents. 

(133) “Fabric Coating” – The coating of a textile substrate with a knife, roll, or rotogravure coater to impart 

properties that are not initially present, such as strength, stability, water or acid repellency, or appearance. 

(134) “Facility” – All of the emissions units which are located on one or more contiguous or adjacent 

properties, and which are under the control of the same person (or persons under common control). 

(135) “Federal Land Manager” – With respect to any lands in the United States, the Secretary of the department 

with authority over such lands. 

(136) “Federally Enforceable” – Pertaining to limitations and conditions which are enforceable by the 

Administrator, including any requirements developed pursuant to Title 40 of the Code of Federal Regulations, any 

requirements within the State Implementation Plan, and any requirements established pursuant to permits issued 

under: 

(a) The state’s Title V operation permit program, consistent with 40 C.F.R. Part 70. 

(b) Paragraph 62-210.300(2)(b), F.A.C.; 

(c) 40 C.F.R. 52.21; or 

(d) Subparagraph 62-204.800(11)(d)2., F.A.C. (formerly 62-204.800(10)(d)2.); Rule 62-212.300, F.A.C. 

(formerly 17-212.300, formerly 17-2.520); Rule 62-212.400, F.A.C. (formerly 17-212.400, formerly 17-2.500); Rule 

62-212.500, F.A.C. (formerly 17-212.500, formerly 17-2.510); Rule 17-2.17, F.A.C. (repealed); or Rule 62-4.210, 

F.A.C. (formerly 17-4.210, formerly 17-4.21). 

(137) “Final Permit” – The version of a Title V source permit issued by the Department for which all review 

procedures required by Rule 62-213.450, F.A.C., have been completed. 

(138) “Firebox” – The chamber or compartment of a boiler or furnace in which materials are burned but does 

not mean the combustion chamber of an incinerator. 

(139) “Flashoff Area” – The space between the application area and the oven. 

(140) “Flexographic Printing” – The application of words, designs and pictures to a substrate by means of a roll 

printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of 

rubber or other elastomeric materials. 

(141) “Fossil Fuel” – Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from 

such material. 

(142) “Fossil Fuel Steam Generators” – A furnace or boiler which produces steam by combustion of oil, coal, or 

gas of fossil origin. 

(143) “Fountain Solution” – A mixture of water and other volatile and non-volatile chemicals and additives that 

maintains the quality of the printing plate and reduces the surface tension of the water so that it spreads easily across 

the printing plate surface. The fountain solution wets the non-image area so that the ink is maintained within the 

image areas. Non-volatile additives include mineral salts and hydrophilic gums. 

(144) “Fountain Solution Additives” – Wetting additives that include alcohol and alcohol substitutes, including 

isopropyl alcohol, glycol ethers and ethylene glycol, which are used to reduce the surface tension of the fountain 

solution. 

(145) “Freeboard Height” – 

(a) For heated vapor degreasers is the distance from the top of the vapor zone to the top of the degreaser tank. 

(b) For cold cleaning degreasers is the distance from the solvent to the top edge of the cold cleaner. 

(146) “Freeboard Ratio” – The freeboard height divided by the width of the degreaser. 

(147) “Fugitive Emissions” – Those emissions which could not reasonably pass through a stack, chimney, vent 

or other functionally equivalent opening. 

(148) “Gas/Gas Method” – Either of two EPA methods for determining capture efficiency which rely only on 

gas phase measurements. One method, prescribed in paragraph 62-297.450(2)(a), F.A.C., requires construction of a 

temporary total enclosure to assure all otherwise unconfined air pollutant emissions are measured. The other 

method, prescribed in paragraph 62-297.450(2)(c), F.A.C., uses the room or building which houses the emissions 

activity, process, or source as an enclosure. 

(149) “Gasoline” – Any petroleum distillate having a Reid vapor pressure of 4 psia (27.6 kilopascals) or greater. 

(150) “Gasoline Cargo Tank” – A delivery tanker truck, trailer, or railcar that is loading or unloading gasoline. 
321 

(151) “Gasoline Dispensing Facility” – Any stationary facility that dispenses gasoline directly into the fuel tank 

of a motor vehicle. 

(152) “Green Liquor Sulfidity” – The sulfidity of the liquor which leaves the smelt dissolving tank. 

(153) “Hardboard” – A panel manufactured primarily from inter-felted lignocellulosic fibers which are 

consolidated under heat and pressure in a hot press. 

(154) “Hardwood Plywood” – Plywood whose surface layer is a veneer or hardwood. 

(155) “Hazardous Air Pollutant (HAP)” – An air pollutant: 

(a) Identified by the CAS number or chemical name from the following list: 

CAS Number Chemical Name 

1. 75070 Acetaldehyde 

2. 60355 Acetamide 

3. 75058 Acetonitrile 

4. 98862 Acetophenone 

5. 53963 2-Acetylaminofluorene 

6. 107028 Acrolein 

7. 79061 Acrylamide 

8. 79107 Acrylic acid 

9. 107131 Acrylonitrile 

10. 107051 Allyl chloride 

11. 92671 4-Aminobiphenyl 

12. 62533 Aniline 

13. 90040 o-Anisidine 

14. 0 Antimony Compounds 

15. 0 Arsenic Compounds (inorganic including arsine) 

16. 1332214 Asbestos 

17. 71432 Benzene (including benzene from gasoline) 

18. 92875 Benzidine 

19. 98077 Benzotrichloride 

20. 100447 Benzyl chloride 

21. 0 Beryllium Compounds 

22. 92524 Biphenyl 

23. 117817 Bis (2-ethylhexyl) phthalate (DEHP) 

24. 542881 Bis (chloromethyl) ether 

25. 75252 Bromoform 

26. 106990 1, 3-Butadiene 

27. 0 Cadmium Compounds 

28. 156627 Calcium cyanamide 

29. Reserved 

30. 133062 Captan 

31. 63252 Carbaryl 

32. 75150 Carbon disulfide 

33. 56235 Carbon tetrachloride 

34. 463581 Carbonyl sulfide 

35. 120809 Catechol 

36. 133904 Chloramben 

37. 57749 Chlordane 

38. 7782505 Chlorine 

39. 79118 Chloroacetic acid 

40. 532274 2-Chloroacetophenone 

41. 108907 Chlorobenzene 

42. 510156 Chlorobenzilate 

43. 67663 Chloroform 

44. 107302 Chloromethyl methyl ether 

45. 126998 Chloroprene 

46. 0 Chromium Compounds 

47. 0 Cobalt Compounds 
322 

48. 0 Coke Oven Emissions 

49. 1319773 Cresols/Cresylic acid (isomers and mixture) 

50. 95487 o-Cresol 

51. 108394 m-Cresol 

52. 106445 p-Cresol 

53. 98828 Cumene 

54. 0 Cyanide Compounds (X ́ CN where X = H ́ or any other group where 

 a formal dissociation may occur. For example KCN or Ca (CN) 2.) 

55. 94757 2, 4-D, salts and esters 

56. 3547044 DDE 

57. 334883 Diazomethane 

58. 132649 Dibenzofurans 

59. 96128 1, 2-Dibromo-3-chloropropane 

60. 84742 Dibutylphthalate 

61. 106467 1, 4-Dichlorobenzene (p) 

62. 91941 3, 3-Dichlorobenzidene 

63. 111444 Dichloroethyl ether (Bis (2-chloroethyl) ether) 

64. 542756 1, 3-Dichloropropene 

65. 62737 Dichlorvos 

66. 111422 Diethanolamine 

67. 121697 N, N-Diethyl aniline 

 (N, N-Dimethylaniline) 

68. 64675 Diethyl sulfate 

69. 119904 3, 3-Dimethoxybenzidine 

70. 60117 Dimethyl aminoazobenzene 

71. 1119937 3, 3-Dimethyl benzidine 

72. 79447 Dimethyl carbamoyl chloride 

73. 68122 Dimethyl formamide 

74. 57147 1, 1-Dimethyl hydrazine 

75. 131113 Dimethyl phthalate 

76. 77781 Dimethyl sulfate 

77. 534521 4, 6-Dinitro-o-cresol, and salts 

78. 51285 2, 4-Dinitrophenol 

79. 121142 2, 4-Dinitrotoluene 

80. 123911 1, 4-Dioxane (1, 4-Diethyleneoxide) 

81. 122667 1, 2-Diphenylhydrazine 

82. 106898 Epichlorohydrin (1-Chloro-2, 3-epoxypropane) 

83. 106887 1, 2-Epoxybutane 

84. 140885 Ethyl acrylate 

85. 100414 Ethyl benzene 

86. 51796 Ethyl carbamate (Urethane) 

87. 75003 Ethyl chloride (Chloroethane) 

88. 106934 Ethylene dibromide (Dibromoethane) 

89. 107062 Ethylene dichloride (1, 2-Dichloroethane) 

90. 107211 Ethylene glycol 

91. 151564 Ethylene imine (Aziridine) 

92. 75218 Ethylene oxide 

93. 96457 Ethylene thiourea 

94. 75343 Ethylidene dichloride (1, 1-Dichloroethane) 

95. 50000 Formaldehyde 

96. 0 Glycol ethers (Includes mono- and di-ethers of ethylene 

 glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2) 

 n -OR' where n =1, 2, or 3; R = alkyl C7 or less; or R = phenyl 

 or alkyl substituted phenyl; R' = H or alkyl C7 or less; 

 or OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or 

 sulfonate. Excludes ethylene glycol monobutyl ether (EGBE, 2 - 
323 

 Butoxyethanol - CAS Number 111-76-2).) 

97. 76448 Heptachlor 

98. 118741 Hexachlorobenzene 

99. 87683 Hexachlorobutadiene 

100. 77474 Hexachlorocyclopentadiene 

101. 67721 Hexachloroethane 

102. 822060 Hexamethylene-1, 6-diisocyanate 

103. 680319 Hexamethylphosphoramide 

104. 110543 Hexane 

105. 302012 Hydrazine 

106. 7647010 Hydrochloric acid 

107. 7664393 Hydrogen fluoride (Hydrofluoric acid) 

108. 123319 Hydroquinone 

109. 78591 Isophorone 

110. 0 Lead Compounds 

111. 58899 Lindane (all isomers) 

112. 108316 Maleic anhydride 

113. 0 Manganese Compounds 

114. 0 Mercury Compounds 

115. 67561 Methanol 

116. 72435 Methoxychlor 

117. 74839 Methyl bromide (Bromomethane) 

118. 74873 Methyl chloride (Chloromethane) 

119. 71556 Methyl chloroform (1, 1, 1-Trichloroethane) 

120. Reserved 

121. 60344 Methyl hydrazine 

122. 74884 Methyl iodide (Iodomethane) 

123. 108101 Methyl isobutyl ketone (Hexone) 

124. 624839 Methyl isocyanate 

125. 80626 Methyl methacrylate 

126. 1634044 Methyl tert butyl ether 

127. 101144 4, 4-Methylene bis (2-chloroaniline) 

128. 75092 Methylene chloride (Dichloromethane) 

129. 101688 Methylene diphenyl diisocyanate (MDI) 

130. 101779 4, 4-Methylenedianiline 

131. 0 Mineral fibers (fine), includes mineral fiber emissions from facilities 

 manufacturing or processing glass, rock, or slag fibers (or other 

 mineral derived fibers) of average diameter 1 micrometer or less. 

132. 91203 Naphthalene 

133. 0 Nickel Compounds 

134. 98953 Nitrobenzene 

135. 92933 4-Nitrobiphenyl 

136. 100027 4-Nitrophenol 

137. 79469 2-Nitropropane 

138. 684935 N-Nitroso-N-methylurea 

139. 62759 N-Nitrosodimethylamine 

140. 59892 N-Nitrosomorpholine 

141. 56382 Parathion 

142. 82688 Pentachloronitrobenzene (Quintobenzene) 

143. 87865 Pentachlorophenol 

144. 108952 Phenol 

145. 106503 p-Phenylenediamine 

146. 75445 Phosgene 

147. 7803512 Phosphine 

148. 7723140 Phosphorus 

149. 85449 Phthalic anhydride 
324 

150. 1336363 Polychlorinated biphenyls (Aroclors) 

151. 0 Polycyclic organic matter (includes organic compounds with more 

 than one benzene ring, and which have a boiling point greater than or 

 equal to 100o C) 

152. 1120714 1, 3-Propane sultone 

153. 57578 beta-Propiolactone 

154. 123386 Propionaldehyde 

155. 114261 Propoxur (Baygon) 

156. 78875 Propylene dichloride (1, 2-Dichloropropane) 

157. 75569 Propylene oxide 

158. 75558 1, 2-Propylenimine (2-Methyl aziridine) 

159. 91225 Quinoline 

160. 106514 Quinone 

161. 0 Radionuclides (including radon), a type of atom which spontaneously 

 undergoes radioactive decay 

162. 0 Selenium Compounds 

163. 100425 Styrene 

164. 96093 Styrene oxide 

165. 1746016 2, 3, 7, 

 8- Tetrachlorodibenzo-p-dioxin 

166. 79345 1, 1, 2, 2- Tetrachloroethane 

167. 127184 Tetrachloroethylene (Perchloroethylene) 

168. 7550450 Titanium tetrachloride 

169. 108883 Toluene 

170. 95807 2, 4-Toluene diamine 

171. 584849 2, 4-Toluene diisocyanate 

172. 95534 o-Toluidine 

173. 8001352 Toxaphene (chlorinated camphene) 

174. 120821 1, 2, 4-Trichlorobenzene 

175. 79005 1, 1, 2-Trichloroethane 

176. 79016 Trichloroethylene 

177. 95954 2, 4, 5-Trichlorophenol 

178. 88062 2, 4, 6-Trichlorophenol 

179. 121448 Triethylamine 

180. 1582098 Trifluralin 

181. 540841 2, 2, 4-Trimethylpentane 

182. 108054 Vinyl acetate 

183. 593602 Vinyl bromide 

184. 75014 Vinyl chloride 

185. 75354 Vinylidene chloride (1, 1-Dichloroethylene) 

186. 1330207 Xylenes (isomers and mixtures) 

187. 95476 o-Xylenes 

188. 108383 m-Xylenes 

189. 106423 p-Xylenes 

(b) For all listings above which contain the word “compounds” and for glycol ethers, the following applies: 

unless otherwise specified, these listings are defined as including the named chemical and any unique chemical 

substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical’s infrastructure. 

(156) “Heatset” – A lithographic web printing process where heat is used to evaporate ink oils from the printing 

ink. Heatset dryers (typically hot air) are used to deliver the heat to the printed web. 

(157) “Hood” – A partial enclosure or canopy for capturing and exhausting, by means of a draft, an air pollutant 

rising from an activity, process, or source of the air pollutant. 

(158) “Human Crematory” – Any combustion apparatus used solely for the cremation of either human or fetal 

remains. 

(159) “Hydrocarbon” – Any organic compound of carbon and hydrogen only. 

(160) “Incinerator” – A combustion apparatus designed for the ignition and burning of solid, semi-solid, liquid 

or gaseous combustible wastes. 
325 

(161) “Indian Governing Body” – The governing body of any tribe, band, or group of Indians subject to the 

jurisdiction of the United States and recognized by the United States as possessing power of self-government. 

(162) “Indian Reservation” – Any federally recognized reservation established by Treaty, Agreement, Executive 

Order, or Act of Congress. 

(163) “Innovative Control Technology” – Any system of air pollution control that has not been adequately 

demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions 

reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in 

terms of energy, economics, or nonair quality environmental impacts. 

(164) “Interior Base Coating” – A coating applied by roller coater or spray to the interior of a can to provide a 

protective lining between the can metal and product. 

(165) “Interior Body Spray” – A coating sprayed on the interior of the can body to provide a protective film 

between the product and the can. 

(166) “Internal Floating Roof” – A cover or roof in a fixed roof tank which rests upon or is floated upon the 

petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof 

edge and tank shell. 

(167) “Isokinetic Sampling” or “Isokinetic Conditions” – Sampling in which the linear velocity of the gas 

entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point. 

(168) “Knife Coating” – The application of a coating material to a substrate by means of drawing the substrate 

beneath a knife that spreads the coating evenly over the full width of the substrate. 

(169) “Kraft (Sulfate) Pulp Mill” – Any facility that produces cellulose or cellulosic materials by chemically 

cooking (digesting) wood chips or other cellulosic raw materials in an alkaline solution containing water, sodium 

hydroxide, and sodium sulfide under conditions of elevated temperature and pressure. The regeneration of the 

cooking chemicals through a recovery process also constitutes part of the kraft (sulfate) pulp mill. 

(170) “Kraft Recovery Furnace” – Any straight kraft recovery furnace or cross recovery furnace used to recover 

chemicals consisting primarily of sodium and sulfur by burning black liquor. If the kraft recovery furnace is 

equipped with a direct contact evaporator or wet-bottom electrostatic precipitator, this equipment shall be considered 

part of the kraft recovery furnace. 

(171) “Land Clearing Debris” – Uprooted or cleared vegetation resulting from a land clearing operation, 

including any untreated wood generated by the land clearing operation (e.g., untreated fence posts). 

(172) “Land Clearing Operation” – The uprooting or clearing of vegetation in connection with construction for 

buildings and rights-of-way; land development; or mineral operations. It does not include landscaping and yard 

maintenance operations or other such routine property clean-up activities. 

(173) “Large Appliances” – For purposes of the Reasonably Available Control Technology rules of Chapter 62-

296, F.A.C., doors, cases, lids, panels, and interior support parts of residential and commercial washers, dryers, 

ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners and other similar 

products. 

(174) “Lead Processing Operation” – Any facility that emits or has the potential to emit greater than 100 pounds 

per year of lead, lead alloys or lead compounds in its lead alloys or lead compounds in its operation. These 

operations include primary lead smelters, secondary lead smelters, primary lead-acid battery manufacturing 

operations, lead oxide and lead compound manufacturing or handling operations, pot furnaces that melt lead, leadbased paint pigment storage and handling operations, electric arc furnace equipped secondary steel manufacturing 

operations, secondary steel manufacturing slag handling operations, and all other lead-containing slag processing or 

handling operations where the lead content of the slag is greater than 0.25 percent by weight. Lead processing 

operations do not include indoor or outdoor firearm ranges unless recovered spent lead materials are melted on-site, 

waste-to-energy facilities, fossil fuel-fired steam generators, and facilities that use waste oil as fuel. 

(175) “Lease Custody Transfer” – The transfer of produced crude oil and/or condensate, after processing and/or 

treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other 

forms of transportation. 

(176) “Letterpress Printing” – A printing system in which the image area is raised relative to the non-image area 

and the ink is transferred to the substrate directly from the image surface. 

(177) “Lime Kiln” – An inclined rotary drum device used to calcine lime mud, which consists primarily of 

calcium carbonate, into quicklime, which is calcium oxide. 

(178) “Liquid/Gas Method” – Either of two EPA methods for determining capture efficiency which require both 

gas phase and liquid phase measurements and analysis. One liquid/gas method, prescribed in paragraph 62-

297.450(2)(b), F.A.C., requires construction of a temporary enclosure. The other, prescribed in paragraph 62-
326 

297.450(2)(d), F.A.C., uses the room or building which houses the emissions activity, process, or source as an 

enclosure. 

(179) “Liquid Mounted Seal” – A primary seal mounted in continuous contact with the liquid between the tank 

wall and the floating roof around the circumference of the tank. 

(180) “Lithographic Printing” – A planographic printing system where the image and non-image areas are 

chemically differentiated. The image area is oil receptive and non-image area is water receptive. Ink film from the 

lithographic plate is transferred to an intermediary surface (blanket), which, in turn, transfers the ink film to the 

substrate. Fountain solution is applied to maintain the hydrophilic properties of the non-image area. Ink drying is 

divided into heatset and non-heatset. 

(181) “Loading Rack” – An aggregation or combination of loading equipment arranged so that all loading 

outlets in the combination can be connected to a tank truck or trailer. 

(182) “Low Solvent Coating” – Coatings which contain less organic solvent than the conventional coatings used 

by the industry. Low solvent coatings include water-borne, higher solids, electrodeposition and powder coatings. 

(183) “Lowest Achievable Emission Rate” or “LAER” – An allowable emission rate determined in accordance 

with the provisions of Rule 62-212.500, F.A.C. This term applied to a modification means the lowest achievable 

emission rate for that portion of the facility which is modified. 

(184) “Magnet Wire Coating” – The process of applying a coating of electrically insulating varnish or enamel to 

aluminum or copper wire for use in electrical machinery. 

(185) “Major Facility” – Any facility which emits, or has the potential to emit: 

(a) 5 tons per year or more of lead or lead compounds, measured as elemental lead; 

(b) 30 tons per year or more of acrylonitrile; or 

(c) 100 tons per year or more of any other air pollutant subject to regulation under Chapter 403, Florida 

Statutes. 

(186) “Major Modification” – 

(a) Any physical change in or change in the method of operation of a major stationary source that would result 

in a significant emissions increase of a PSD pollutant and a significant net emissions increase of that pollutant from 

the major stationary source. 

(b) Any significant emissions increase from any emissions units or net emissions increase at a major stationary 

source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. 

(c) A physical change or change in the method of operation shall not include: 

1. Routine maintenance, repair and replacement. 

2. Use of an alternative fuel or raw material by reason of an order under Sections 2 (a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a natural gas 

curtailment plan pursuant to the Federal Power Act; 

3. Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act; 

4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal 

solid waste; 

5. Use of an alternative fuel or raw material by a stationary source which: 

a. The source was capable of accommodating before January 6, 1975, unless such change would be prohibited 

under any federally enforceable permit condition which was established after January 6, 1975; or 

b. The source is approved to use under any federally enforceable permit condition issued under 40 CFR 52.21 or 

under regulations approved pursuant to 40 CFR 51.166; 

6. An increase in the hours of operation or in the production rate, unless such change would be prohibited under 

any federally enforceable permit condition which was established after January 6, 1975. 

7. Any change in ownership at a stationary source. 

8. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, 

provided that the project complies with: 

a. The State Implementation Plan, and 

b. Other requirements necessary to attain and maintain the national ambient air quality standards during the 

project and after it is terminated. 

9. The installation or operation of a permanent clean coal technology demonstration project that constitutes 

repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant 

emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. 

10. The reactivation of a very clean coal-fired electric utility steam generating unit. 
327 

(d) This definition shall not apply with respect to a particular PSD pollutant when the major stationary source is 

complying with the requirements under Rule 62-212.720, F.A.C., for a PAL for that pollutant. Instead, the definition 

at 40 CFR 52.21(aa)(2)(viii), adopted by reference in Rule 62-204.800, F.A.C., shall apply. 

(187) “Major Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(14)(i), adopted and incorporated by 

reference in Rule 62-204.800, F.A.C.: 

(a) In the case of particulate matter and sulfur dioxide, January 6, 1975; and 

(b) In the case of nitrogen dioxide, February 8, 1988, 

(188) “Major Source of Air Pollution” or “Title V Source” – A facility containing an emissions unit, or any 

group of emissions units, which is or includes any of the following: 

(a) For pollutants other than radionuclides, any emissions unit or group of emissions units that emits or has the 

potential to emit, in the aggregate, 10 tons per year or more of any one hazardous air pollutant (HAP), 25 tons per 

year or more of any combination of HAPs, or any lesser quantity of a HAP as established through EPA rulemaking. 

Notwithstanding the preceding sentence, HAP emissions from any oil or gas exploration or production well (with its 

associated equipment) and HAP emissions from any pipeline compressor or pump station shall not be aggregated 

with HAP emissions from other similar units, whether or not such units are in a contiguous area or under common 

control, to determine whether such units or stations are Title V sources. 

(b) An emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described 

in the Standard Industrial Classification Manual, 1987, that directly emits or has the potential to emit, 100 tons per 

year or more of any regulated air pollutant. The fugitive emissions of an emissions unit or group of emissions units 

shall not be considered in determining whether it is a Title V source for purposes of this paragraph unless the 

emissions unit or group of emissions units belongs to one of the following categories: 

1. Coal cleaning plants (with thermal dryers); 

2. Kraft pulp mills; 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Carbon black plants (furnace process); 

16. Primary lead smelters; 

17. Fuel conversion plant; 

18. Sintering plants; 

19. Secondary metal production plants; 

20. Chemical process plants; 

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour 

heat input; 

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; 

27. Any other stationary source category, which as of August 7, 1980, is being regulated under Section 111 or 

112 of the Act; 

(c) A major stationary source. 

(d) A major stationary source as described in Part D of Title I of the Federal Clean Air Act which includes: 

1. For ozone nonattainment areas, an emissions unit or group of emissions units, all belonging to the same two 

(2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit 

100 tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or 

“moderate,” fifty (50) tons per year or more in areas classified as “serious,” twenty-five (25) tons per year or more 
328 

in areas classified as “severe,”, and ten (10) tons per year or more in areas classified as “extreme,” except that the 

references in the clause of 100, fifty (50), twenty-five (25), and ten (10) tons per year of nitrogen oxides shall not 

apply with respect to any source for which EPA has made in finding, under 42 U.S.C.§ 7511a(f)(a) or (2), that 

requirements under 42 U.S.C. § 7511a(f) do not apply; 

2. For ozone transport regions established pursuant to 42 U.S.C. § 7511c, an emissions unit or group of 

emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial 

Classification Manual, 1987, with the potential to emit fifty (50) tons per year or more of volatile organic 

compounds (V)Cs); 

3. For carbon monoxide nonattainment areas (i) that are classified as “serious”, and (ii) in which stationary 

sources contribute significantly to carbon monoxide levels as determined under rules issued by EPA, an emissions 

unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard 

Industrial Classification Manual, 1987, with the potential to emit fifty (50) tons per year or more of carbon 

monoxide; 

4. For particulate matter (PM-10) nonattainment areas classified as “serious”, an emissions unit or group of 

emissions unit, all belonging to the same two (2) digit Major Group as described in the Standard Industrial 

Classification Manual, 1987, with the potential to emit seventy (70) tons or more per year of PM-10; 

(e) An emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as 

described in the Standard Industrial Classification Manual, 1987, that emits or has the potential to emit five (5) tons 

per year or more of lead or lead compounds, measured as elemental lead; 

(f) An emissions unit or group of emissions units with one (1) or more emissions units subject to standards or 

regulations promulgated under 42 U.S.C. § 7411 – Standards of Performance for New Stationary Sources; or 42 

U.S.C. § 7412 – Hazardous Air Pollutants; provided, however, that such emissions unit or group of emissions units 

is not a Title V source solely because: 

1. It is regulated under the Prevention of Accidental Releases criteria (42 U.S.C. § 7412(r)), or 

2. It is subject to a reporting requirement, or 

3. It is subject to 40 C.F.R. Part 61, Subpart M – National Emission Standard for Asbestos Section 61.145, 

Standard for Demolition and Renovation, adopted and incorporated by reference into Rule 62-204.800, F.A.C., or 

4. It is subject to a standard or regulation promulgated under 42 U.S.C. § 7411, unless such standard or 

regulation specifies that the emission unit or group of emissions units requires a Title V permit. 

(g) One (1) or more acid rain units; or 

(h) An emissions unit or group of emission units designated as a Part 70 source under 40 C.F.R. 70.3(a)(5), 

adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(189) “Major Stationary Source” – 

(a) A major stationary source is: 

1. Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons 

per year or more of any PSD pollutant: Fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, 

primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, 

municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric 

acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery 

plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, 

secondary metal production plants, chemical process plants, fossil fuel boilers (or combinations thereof) totaling 

more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and 

charcoal production plants; 

2. Any stationary source which emits, or has the potential to emit, 250 tons per year or more of a PSD pollutant; 

or 

3. Any physical change that would occur at a stationary source not otherwise qualifying as a major stationary 

source, if the change would constitute a major stationary source by itself. 

(b) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be 

considered major for ozone. 

(c) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of 

this definition whether it is a major stationary source, unless the source belongs to one of the following categories of 

stationary sources: 

1. Coal cleaning plants (with thermal dryers); 

2. Kraft pulp mills; 
329 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Carbon black plants (furnace process); 

16. Primary lead smelters; 

17. Fuel conversion plants; 

18. Sintering plants; 

19. Secondary metal production plants; 

20. Chemical process plants; 

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour 

heat input; 

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, and 

27. Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 

112 of the Clean Air Act. 

(d) For purposes of this definition, a stationary source is all of the pollutant-emitting activities which belong to 

the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control 

of the same person or persons under common control, except the activities of any vessel; which emit or may emit a 

PSD pollutant. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong 

to the same Major Group, or have the same first two digit code, as described in the Standard Industrial Classification 

Manual, 1972, as amended by the 1977 Supplement. 

(190) “Malfunction” – Any unavoidable mechanical and/or electrical failure of air pollution control equipment 

or process equipment or of a process resulting in operation in an abnormal or unusual manner. 

(191) “Maximum Achievable Control Technology” or “MACT” – Maximum achievable control technology as 

defined in 40 C.F.R. Part 63, Subpart B, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(192) “Maximum Uncontrolled Emissions” – The maximum capacity of an emissions unit or facility to emit a 

pollutant under its physical and operational design, including any quantifiable fugitive and unconfined emissions 

and excluding any restrictions on hours of operation or on the type or amount of material that may be combusted, 

stored, or processed and any air pollution control equipment, methods, or techniques that may be used. The 

maximum uncontrolled emission rate is the maximum emission rate that would occur absent the use of any air 

pollution control equipment, methods, or techniques and absent any regulatory restrictions on hours of operation or 

on the type or amount of fuels or materials combusted, stored, or processed, when the emissions unit is operated at 

its maximum physical and operational capacity. The maximum uncontrolled emissions of an emissions unit or 

facility do not include any secondary emissions that may be associated with the emissions unit or facility. 

(193) “Metal Furniture Coating” – The surface coating of any furniture made of metal or any metal part which 

will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece. 

(194) “Minor Betterment of Public Roads” – Improvements to existing public roads intended to increase their 

safety and serviceability as the need is dictated by increased traffic levels, or other changes in their use. These 

improvements include the extension or construction of acceleration lanes, deceleration lanes, turning storage lanes, 

or median crossovers. 

(195) “Minor Facility” – Any facility that is not a major facility. 

(196) “Minor Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(ii), adopted and incorporated by 

reference in Rule 62-204.800, F.A.C., the minor source baseline date for each pollutant for which maximum 

allowable increases have been established under Rule 62-204.260, F.A.C., is the earliest date after August 7, 1977, 
330 

for particulate matter and sulfur dioxide, and February 8, 1988, for nitrogen dioxide, that a facility or a modification 

subject to preconstruction review under 40 C.F.R. 52.21, Rule 17-2.500 (transferred), or Rule 62-212.400, F.A.C., 

submits a complete application for permit under such regulations provided that: 

(a) On the date the complete application is filed, the area in which the facility or modification would be 

constructed is designated as attainment or unclassifiable for the applicable pollutant under 42 U.S.C. Section 

7407(d)(1) of the Clean Air Act (if the application is filed under 40 C.F.R. 52.21), or as a PSD area under Rule 17-

2.450 (transferred), 62-275.700 (repealed), or 62-204.360, F.A.C., (if the application is filed under Rule 17-2.500 

(transferred) or 62-212.400, F.A.C.); and 

(b) In the case of a facility, the emissions of the applicable pollutant would be equal to or greater than the 

significant emissions rate as defined under Rule 62-210.200, F.A.C., or, in the case of modification, there would be 

a significant net emissions increase of the pollutant. 

(197) “Method of Operation” – For purposes of the Title V source permitting program, a procedure to operate 

one or more specific emissions units within a Title V source in a particular manner which may affect air pollutant 

emissions. 

(198) “Mode of Operation” – For purposes of the Title V source permitting program, a method of operation that 

involves two or more specific air emissions units in emissions trading pursuant to Rule 62-213.415, F.A.C. 

(199) “Modification” – Any physical change in, change in the method of operation of, or addition to a facility 

which would result in an increase in the actual emissions of any air pollutant subject to regulation under the Act, 

including any not previously emitted, from any emissions unit or facility. 

(a) A physical change or change in the method of operation shall not include: 

1. Routine maintenance, repair, or replacement of component parts of an emissions unit; or 

2. A change in ownership of an emissions unit or facility. 

(b) For any pollutant that is specifically regulated by the EPA under the Clean Air Act, a change in the method 

of operation shall not include an increase in the hours of operation or in the production rate, unless such change 

would be prohibited under any federally enforceable permit condition which was established after January 6, 1975. 

(c) For any pollutant that is not specifically regulated by the EPA under the Clean Air Act, a change in the 

method of operation shall not include an increase in the hours of operation or in the production rate, unless such 

change would exceed any restriction on hours of operation or production rate included in any applicable Department 

air construction or air operation permit. 

(200) “Molten Sulfur Storage and Handling Facility” – A facility designed and utilized for unloading, 

transferring or storing elemental sulfur in liquid form from ships, barges, railcars, trucks or other methods of water 

or land transport to heated storage tanks. 

(201) “Multiple Effect Evaporator System” – The multiple effect evaporators and concentrators and associated 

condenser(s) and hotwell(s) used to concentrate the spent cooking liquor (black liquor) that is separated from the 

pulp. 

(202) “Natural Conditions” – Naturally occurring phenomena that reduce visibility as measured in terms of 

visual range, contrast, or coloration. 

(203) “Natural Finish Hardwood Plywood Panels” – Panels whose original grain pattern is enhanced by 

essentially transparent finishes frequently supplemented by fillers and toners. 

(204) “Net Emissions Increase” – 

(a) With respect to any PSD pollutant emitted by a major stationary source, the amount by which the sum of the 

following exceeds zero (0): 

1. The increase in emissions from a particular physical change or change in the method of operation as 

calculated pursuant to paragraph 62-212.400(2)(a), F.A.C.; and 

2. Any other increases and decreases in actual emissions at the major stationary source that are 

contemporaneous with the particular change and are creditable. Baseline actual emissions for calculating increases 

and decreases under this subparagraph shall be determined as provided by the definition of “baseline actual 

emissions”, except that subparagraphs (a)3. and (b)4. of such definition shall not apply. 

(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change 

only if it occurs between: 

1. The date five years before construction on the particular change commences; and 

2. The date that the increase from the particular change occurs. 

(c) An increase or decrease in actual emissions is creditable only if the Department has not relied on it in issuing 

a permit for the source pursuant to Rule 62-212.400, F.A.C. or Rule 62-212.500, F.A.C., which permit is in effect 

when the increase in actual emissions from the particular change occurs. 
331 

(d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that 

occurs before the applicable minor source baseline date is creditable only if it is required to be considered in 

calculating the amount of maximum allowable increases remaining available. 

(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds 

the old level. 

(f) A decrease in actual emissions is creditable only to the extent that: 

1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the 

new level of actual emissions; 

2. It is federally enforceable as a practical matter at and after the time that actual construction on the particular 

change begins; and 

3. It has approximately the same qualitative significance for public health and welfare as that attributed to the 

increase from the particular change. 

(g) An increase that results from a physical change at a source occurs when the emissions unit on which 

construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that 

requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 

(h) Paragraph (a) of the definition of “actual emissions” shall not apply for determining creditable increases and 

decreases. 

(205) “Neutral Sulfite Semichemical (NSSC) Pulping Operation” – Any series of unit operations in which pulp 

is produced from wood by cooking (digesting) wood chips in a solution of sodium sulfite and sodium bicarbonate, 

followed by mechanical defibrating (grinding). 

(206) “New Design Direct-Fired Kraft Recovery Furnace” – Any new design kraft recovery furnace which was 

initially designed and constructed to burn black liquor received from a multiple effect evaporator system using a 

noncontact evaporator or concentrator to achieve the final level of solids concentration rather than a direct contact 

evaporator system connected to the kraft recovery furnace duct work. 

(207) “New Design Direct-Fired Suspension-Burning Kraft Recovery Furnace” – Any new design direct-fired 

kraft recovery furnace designed to evaporate remaining water from and burn the organic content of a spray of finely 

divided concentrated black liquor droplets while the droplets are in suspension. Such a furnace will have only two 

levels of air introduction (primary and secondary) and a flat hearth with the smelt spouts located above the hearth. 

(208) “New Design Kraft Recovery Furnace” – Any straight kraft recovery furnace which is of “membrane 

wall” construction to minimize air in-leakage and has an adjustable air introduction system to deliver an adequate 

quantity of air while providing both effective air distribution and penetration into the furnace. The air induction 

system on “new design” Babcock & Wilcox furnaces will consist of primary, secondary, and tertiary ports. In 

Combustion Engineering units the secondary air (introduced above the black liquor gun elevation) will be 

introduced tangentially. 

(209) “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 for less than 2 years from the date such emissions unit first operated. 

(210) “Nitric Acid Plant” – Any facility producing weak nitric acid by employing either the pressure or 

atmospheric pressure process. 

(211) “Nitrogen Oxides” – All oxides of nitrogen, except nitrous oxide, as measured by test methods set forth in 

40 C.F.R. Part 60, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and expressed as nitrogen 

dioxide. 

(212) “Nonattainment Area” – Any area not meeting ambient air quality standards and designated as a 

nonattainment area under Rule 62-204.340, F.A.C. Such an area may be designated as a particulate, sulfur dioxide, 

nitrogen dioxide, carbon monoxide, lead or ozone nonattainment area, depending on which ambient standard has 

been violated. An area may be designated as nonattainment for more than one air pollutant. Ozone nonattainment 

areas may be transitional, marginal, moderate, serious, severe, or extreme as classified in Rule 62-204.340, F.A.C. 

(213) “Non-heatset” – A lithographic printing process where the printing inks are set without the use of heat. 

Traditional non-heatset inks set and dry by absorption and/or oxidation of the ink oils. Ultraviolet-cured, 

thermography and electron beam-cured inks are considered non-heatset although radiant energy is required to cure 

these inks. 

(214) “Objectionable Odor” – Any odor present in the outdoor atmosphere which by itself or in combination 

with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with 

the comfortable use and enjoyment of life or property, or which creates a nuisance. 

(215) “Odor” – A sensation resulting from stimulation of the human olfactory organ. 
332 

(216) “Old Design Kraft Recovery Furnace” – Any straight kraft recovery furnace which is not of “membrane 

wall” construction to minimize air in-leakage. 

(217) “Opacity” – A condition which renders material partially or wholly impervious to rays of light causing 

obstruction of observer’s view. 

(218) “Open Burning” – The burning of any matter in such a manner that the products of combustion resulting 

from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney. 

(219) “Open Top Vapor Degreasing” – The batch process of cleaning and removing soils from metal surfaces 

by condensing hot solvent vapor on the colder metal parts. 

(220) “Operating Change” – For purposes of the Title V source permitting program, any physical change to, or 

change to the operation of, any Title V source or any emissions unit within any Title V source which contravenes a 

permit term or condition, other than one described at paragraphs 62-213.400(2)(a)-(j), F.A.C., but which does not 

constitute a modification and does not otherwise subject the source to a requirement for permit revision pursuant to 

Rule 62-213.400, F.A.C. 

(221) “Organic Compounds” – Any substance that contains the element carbon, except carbon oxides and 

various carbonates. 

(222) “Oven” – A chamber within which heat is used to bake, cure, polymerize, and/or dry a surface coating. 

(223) “Overall Emission Reduction Efficiency” – The product of the capture efficiency and the control 

equipment destruction or removal efficiency, divided by 100, expressed as a percentage. 

(224) “Overvarnish” – A coating applied directly over ink to reduce the coefficient of friction, to provide a 

gloss, and to protect the finish against abrasion and corrosion. 

(225) “Owner” or “Operator” – Any person or entity who or which owns, leases, operates, controls or 

supervises an emissions unit or facility. 

(226) “Packaging Rotogravure Printing” – Rotogravure printing upon paper, paper board, metal foil, plastic 

film, and other substrates, which are, in subsequent operations, formed into packing products and labels for articles 

to be sold. 

(227) “Paper Coating” – Coatings put on paper and pressure sensitive tapes regardless of substrate. Related web 

coating processes on plastic film and decorative coatings on metal foil are included in this definition. 

(228) “Particulate Matter” – 

(a) With respect to concentrations in the atmosphere, particulate matter means any airborne finely divided solid 

or liquid material. 

(b) With respect to emissions, particulate matter means all finely divided solid or liquid material, other than 

uncombined water, emitted to the atmosphere as measured by applicable reference methods, or an equivalent or 

alternative method, specified in 40 C.F.R. Part 60, Appendix A, adopted and incorporated by reference in Rule 62-

204.800, F.A.C. 

(229) “Penetrating Prime Coat” – An application of low viscosity liquid asphalt to an absorbent surface. It is 

used to prepare an untreated base for an asphalt surface. The prime penetrates the base and plugs the voids, hardens 

the top, and helps bind to the overlying asphalt course. It also reduces the necessity of maintaining an untreated base 

course prior to placing the asphalt pavement. 

(230) “Permanent Total Enclosure” – With respect to VOC emissions, a permanent total enclosure is an 

enclosure which contains an activity, process, or emissions unit that emits VOC and meets the specifications given 

in Procedure T which is adopted by reference in Rule 62-204.800, F.A.C. 

(231) “Permit Revision” or “Permit Modification” – Any alteration to a permit term or condition except an 

administrative permit correction or amendment described at Rule 62-210.360, F.A.C. 

(232) “Petroleum Liquids” – Petroleum, condensate, and any finished or intermediate products manufactured in 

a petroleum refinery but does not mean No. 2 through No. 6 fuel oils as specified in ASTM D 396, gas turbine fuel 

oils No. 2-GT through No. 4-GT as specified in ASTM D 2880, or diesel fuel oils No. 2-D and No. 4-D as specified 

in ASTM D 975, all of which are adopted and incorporated by reference at Rule 62-297.440, F.A.C. 

(233) “Petroleum Refinery” – Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual 

fuel oils, lubricants, or other products through distillation of crude oils, or through redistillation, cracking, 

extraction, or reforming of unfinished petroleum derivatives. 

(234) “Plant Section” – A part of a plant consisting of one or more unit operations including auxiliary 

equipment which provides the complete processing of input (raw) materials to produce a marketable product, 

including granular triple super phosphate, phosphoric acid, run-of-pile triple super phosphate, and diammonium 

phosphate, or one or more unit operations including auxiliary equipment or structures which are used for the 

functions such as: storage, shipping, loading, unloading, or bagging. 

(235) “PM10” – 
333 

(a) With respect to concentrations in the atmosphere, PM10 means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 C.F.R. Part 

50 Appendix J, adopted and incorporated by reference in Rule 62-204.800, F.A.C., and designated in accordance 

with 40 C.F.R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53, adopted and 

incorporated by reference in Rule 62-204.800, F.A.C. 

(b) With respect to emissions, PM10 means finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers emitted to the atmosphere as measured by an applicable 

reference method or by an equivalent or alternative method specified in 40 C.F.R. Part 51, Subpart M, adopted and 

incorporated by reference in Rule 62-204.800, F.A.C. 

(236) “Pollution Control Project” - Any activity or project undertaken at an existing electric utility steam 

generating unit for purposes of reducing emissions from such unit. Such activities or projects are limited to: 

(a) A permanent clean coal technology demonstration project conducted under Title II, section 101(d) of the 

Further Continuing Appropriations Act of 1985 (sec. 5903(d) of title 42 of the United States Code), or subsequent 

appropriations, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or 

similar projects funded through appropriations for the Environmental Protection Agency; or 

(b) A permanent clean coal technology demonstration project that constitutes a repowering project. 

(237) “Polyester Resin Material” – Materials used in polyester resin operations which include isophthalic, 

orthophthalic, halogenated, bisphenol-A, vinyl-ester or furan resins; cross-linking agents; catalysts, gel coats, 

inhibitors, accelerators, promoters, and any other VOC containing materials. 

(238) “Portland Cement Plant” – Any facility manufacturing Portland Cement by either the wet or dry process. 

(239) “Potential to Emit” – The maximum capacity of an emission unit or facility to emit a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the emissions unit or 

facility to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or 

the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the 

potential to emit of an emission unit or facility. 

(240) “Predictive Emissions Monitoring System” or “PEMS” - All of the equipment necessary to monitor 

process and control device operational parameters including control device secondary voltages and electric currents; 

and other information including gas flow rate, oxygen or carbon dioxide concentrations; and calculate and record the 

mass emissions rate such as 1b/hr on a continuous basis. 

(241) “Prime Coat” – The first film of coating applied in a multi-coat operation. 

(242) “Printed Interior Panels” – Panels whose grain or natural surface is obscured by fillers and basecoats upon 

which a simulated grain or decorative pattern is printed. 

(243) “Printing Line” – A printing production assembly composed of one or more units used to produce a 

printed substrate including any associated coating, spray powder application, or infrared, natural gas, or electric 

heating units or dryers. 

(244) “Projected Actual Emissions” – The maximum annual rate, in tons per year, at which an existing 

emissions unit is projected to emit a PSD pollutant in any one of the 5 years following the date the unit resumes 

regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing 

the emissions unit's design capacity or its potential to emit that PSD pollutant and full utilization of the unit would 

result in a significant emissions increase or a significant net emissions increase at the major stationary source. One 

year is one 12-month period. In determining the projected actual emissions, the Department: 

(a) Shall consider all relevant information, including historical operational data, the company’s own 

representations, the company’s expected business activity and the company’s highest projections of business 

activity, the company’s filings with the State or Federal regulatory authorities, and compliance plans or orders, 

including consent orders; and 

(b) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups and 

shutdowns; and 

(c) Shall exclude that portion of the unit's emissions following the project that an existing unit could have 

accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are 

also unrelated to the particular project including any increased utilization due to product demand growth; or 

(d) In lieu of using the method set out in paragraphs (a) through (c) above, may be directed by the owner or 

operator to use the emissions unit’s potential to emit, in tons per year. 

(245) “Process Weight” – The total weight of all materials introduced into any process. Solid fuels and recycled 

materials are included in the determination of process weights; but uncombined water, liquid and gaseous fuels, 

combustion air, or excess air are not included. 
334 

(246) “Proposed Acid Rain Part” – The version of an Acid Rain Part of a Title V source permit that the 

Department submits to EPA pursuant to Rule 62-213.450, F.A.C., after the public comment period. 

(247) “Proposed Permit” – The version of a Title V source permit that the Department proposes to issue and 

forwards to EPA in compliance with subsection 62-213.450(1), F.A.C. 

(248) “PSD Pollutant” – Any pollutant listed as having a significant emission rate as defined in Rule 62-

210.200, F.A.C. 

(249) “Publication Rotogravure” – Rotogravure printing upon paper which is subsequently formed into books, 

magazines, catalogues, brochures, directories, newspaper supplements and other types of printed materials. 

(250) “Quench Area” – A chamber where the hot metal exiting the oven is cooled by either a spray of water or a 

blast of air followed by water cooling. 

(251) “Reasonable Further Progress” – A level of annual incremental reductions in emissions of affected air 

pollutants such as may be required for ensuring attainment of the applicable national ambient air quality standards 

by the applicable date. 

(252) “Reasonably Available Control Technology” or “RACT” – The lowest emission limit that a particular 

emissions unit is capable of meeting by the application of control technology that is reasonably available 

considering technological and economic feasibility. It may require technology that has been applied to similar, but 

not necessarily identical, source categories. 

(253) “Reconstruction” – For the purposes of Rule 62-212.400, F.A.C., the replacement of components of an 

existing emissions unit to such an extent that the fixed capital cost of the new components exceeds 50 percent of the 

fixed capital cost that would be required to construct a comparable entirely new emissions unit. 

(254) “Refinery Fuel Gas” – Any gas which is generated by a petroleum refinery process unit and which is 

combusted, including any gaseous mixture of natural gas and fuel gas. 

(255) “Regulated Air Pollutant” – 

(a) Nitrogen oxides or volatile organic compounds; 

(b) Any pollutant regulated under 42 U.S.C. s. 7411 – Standards of Performance for New Stationary Sources, or 

42 U.S.C. s. 7412 – Hazardous Air Pollutants; or 

(c) Any pollutant for which a national primary ambient air quality standard has been specified at 40 C.F.R. Part 

50, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(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. 

(256) “Reid Vapor Pressure” – The absolute vapor pressure of volatile crude oil and volatile non-viscous 

petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials, 

Part 17, 1973, D-323-72 (reapproved 1977). 

(257) “Reinforced Polyester Resin Operations” – An operation that entails saturating a reinforcing material such 

as glass fiber with a polyester resin material. Such operations include the production or rework of product by 

mixing, pouring, hand laying-up, impregnating, injecting, forming, spraying, and/or curing unsaturated polyester 

materials with fiberglass, fillers, or any other reinforcement materials and associated cleanup. 

(258) “Relocatable Facility” – A facility such as, but not limited to, an asphalt plant, portable power generator, 

or cement batch plant, which is designed to be physically moved to, and operated on, different sites by being wholly 

or partially dismantled and re-erected in essentially the same configuration. It shall not be operable while in transit. 

(259) “Removal Efficiency” – See “Destruction or Removal Efficiency” above. 

(260) “Repowering” – For the purposes of Rule 62-212.400, F.A.C., replacement of an existing coal-fired boiler 

with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification 

fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or 

more of these technologies, and any other technology capable of controlling multiple combustion emissions 

simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative 

to the performance of technology in widespread commercial use as of November 15, 1990. Repowering shall also 

include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of 

January 1, 1991, by the Department of Energy. 

(261) “Responsible Official” – One of the following: 

(a) For a corporation, the president, secretary, treasurer, or vice-president of the corporation in charge of a 

principal business function, or any other person who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under 

Chapter 62-213, F.A.C.; 
335 

(b) For a partnership or sole proprietorship, a general partner or the proprietor, respectively; 

(c) For a municipality, county, state, federal, or other public agency, either a principal executive officer or 

ranking elected official; or 

(d) For implementation of the Federal Acid Rain Program at an Acid Rain source: The designated 

representative. For other purposes at an Acid Rain source: Either the designated representative or any person that 

would qualify as a responsible official under paragraphs (a) through (c) of this definition. 

(262) “Ringelmann Chart” – The Chart published and described in the U.S. Bureau of Mines Information 

Circulars No. 8333 and No. 7718. The above references are available from the Superintendent of Documents, U.S. 

Government Printing Office, Washington, D.C., and may be inspected at the Department’s Tallahassee office. 

(263) “Roll Coating” – The application of a coating material to a substrate by means of hard rubber or steel 

rolls. 

(264) “Roll Printing” – The application of words, designs, and pictures to a substrate usually by means of a 

series of hard rubber or steel rolls each with only partial coverage. 

(265) “Rotogravure Coating” – The application of a coating material to a substrate by means of a roll coating 

technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these 

recessed areas and is transferred to the substrate. 

(266) “Rotogravure Printing” – The application of words, designs, and pictures to a substrate by means of a roll 

printing technique which involves an intaglio or recessed image areas in the form of cells. 

(267) “Routine Maintenance of Public Roads” – Those activities necessary to maintain the public highway 

system in as near original condition as is practical, not to include large scale resurfacing, or reconstruction. 

(268) “Sand Seal Coat” – A thin asphalt surface treatment designed to seal surface cracks in existing pavements 

for the purpose of preventing the intrusion of water into the pavement base. The sand seal coat consists of a light 

application of liquid asphalt covered with fine aggregate. 

(269) “Screen Printing” – A printing system where the printing ink passes through a web or fabric to which a 

refined form of stencil has been applied. The stencil openings determine the form and dimensions of the imprint. 

(270) “Secretary” – The Secretary of the Department. 

(271) “Secondary Emissions” – The emissions which occur as a result of the construction or operation of a 

facility or a modification to a facility, but which are not discharged into the atmosphere from the facility itself. 

Secondary emissions may include but are not limited to emissions from ships or trains coming to or leaving a new or 

modified facility and emissions from any off-site support facility which would not otherwise be constructed or 

increase its emissions except as a result of the construction or operation of the new or modified facility. Secondary 

emissions must be specific, well defined, quantifiable, and impact the same general area as the facility or 

modification which causes the secondary emissions. 

(272) “Sharps” – Devices with physical characteristics capable of puncturing, lacerating, or otherwise 

penetrating the skin. These devices include needles, intact or broken glass, and intact or broken hard plastic. 

(273) “Shutdown” – The cessation of the operation of an emissions unit for any purpose. 

(274) “Significant Emissions Rate” – 

(a) With respect to any emissions increase or any net emissions increase, or the potential of a facility to emit 

any of the following pollutants, significant emissions rate means a rate of pollutant emissions that would equal or 

exceed: 

1. A rate listed at 40 CFR 52.21(b)(23)(i), adopted by reference at Rule 62-204.800, F.A.C.; specifically, any of 

the following rates: 

a. Carbon monoxide: 100 tons per year (tpy); 

b. Nitrogen oxides: 40 tpy; 

c. Sulfur dioxide: 40 tpy; 

d. Particulate matter: 

(I) 25 tpy of particulate matter emissions; 

(II) 15 tpy of PM10 emissions; 

e. Ozone: 40 tpy of volatile organic compounds or nitrogen oxides; 

f. Lead: 0.6 tpy; 

g. Fluorides: 3 tpy; 

h. Sulfuric acid mist: 7 tpy; 

i. Hydrogen sulfide (H2S): 10 tpy; 

j. Total reduced sulfur (including H2S): 10 tpy; 

k. Reduced sulfur compounds (including H2S): 10 tpy; 
336 

l. Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and 

dibenzofurans): 3.2 × 10-6 megagrams per year (3.5 × 10-6 tons per year); 

m. Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per 

year); 

n. Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams 

per year (40 tons per year); 

o. Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per 

year (50 tons per year); or 

2. A rate previously listed at Table 62-212.400-2; specifically, Mercury: 0.1 tpy. 

(b) Significant emissions rate also means, for the pollutants listed above in paragraph (a), any emissions rate or 

any net emissions increase associated with a major stationary source or major modification which would construct 

within 10 kilometers of a Class I area and have an impact on such area equal to or greater than 1 g/m3, 24-hour 

average. 

(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. 

(275) “Significant Impact” – An impact of emissions on ambient air quality in excess of any of the following 

pollutant-specific concentration values: 

(a) Sulfur Dioxide. 

1. Maximum three-hour concentration not to be exceeded more than once per year – 25.0 micrograms per cubic 

meter. 

2. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic 

meter for Class I areas; 5.0 micrograms per cubic meter for all other areas. 

3. Annual arithmetic mean – 1.0 microgram per cubic meter. 

(b) PM10. 

1. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic 

meter for Class I areas; 5.0 micrograms per cubic meter for all other areas. 

2. Annual arithmetic mean – 1.0 microgram per cubic meter. 

(c) Nitrogen Dioxide. 

Annual arithmetic mean – 1.0 microgram per cubic meter. 

(d) Carbon Monoxide. 

1. Maximum one-hour concentration not to be exceeded more than once per year – 2.0 milligrams per cubic 

meter. 

2. Maximum eight-hour concentration not to be exceeded more than once per year – 0.5 milligram per cubic 

meter. 

(e) Lead. Maximum quarterly arithmetic mean – 0.03 microgram per cubic meter. 

(276) “Single Coat” – Single film of coating applied directly to the metal substrate omitting the primer 

application. 

(277) “Small Business Stationary Source” – Either paragraph (a) or (b) as follows: 

(a) A facility which: 

1. Is owned or operated by a person who employs 100 or fewer individuals; 

2. Is a small business concern as defined in 15 U.S.C. s. 632; 

3. Is other than a major stationary source within the meaning of 42 U.S.C. s. 7602(j), and is other than a major 

emitting facility within the meaning of 42 U.S.C. s. 7479, and is other than a major stationary source within the 

meaning of 42 U.S.C. s. 7503; 

4. Emits less than 50 tons per year of any regulated pollutant; and 

5. Emits less than 75 tons per year of all regulated pollutants; or 

(b) A facility which: 

1. Is owned or operated by a person that employs 100 or fewer individuals; 

2. Is a small business concern as defined in 15 U.S.C. s. 632; and 

3. Emits not more than 100 tons per year of all regulated air pollutants and demonstrates compliance with the 

requirements of paragraph 62-210.220(2)(b), F.A.C., including all the requirements of subparagraph 62-

210.220(2)(b)1. through 9., F.A.C. 

(278) “Smelt Dissolving Tank” – A vessel used for dissolving the smelt collected from the recovery furnace. 
337 

(279) “Soil Thermal Treatment Facility” – Either a stationary or mobile facility system designed, constructed, 

or utilized, and permitted by the Department to handle, store, and thermally treat or process petroleum contaminated 

soils. “Soil thermal treatment facility” does not include electrical power plants in which thermal treatment of 

contaminated soils from their own property results in ash which is disposed of in accordance with Chapter 62-701 or 

62-702, F.A.C., or facilities that treat RCRA and hazardous waste or hazardous substances. 

(280) “Solid Sulfur Storage and Handling Facility” – A facility designed and utilized for unloading, 

transferring, or storing elemental sulfur in pelletized form. 

(281) “Solid Waste” – Includes garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, 

sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from 

domestic, industrial, commercial, mining, agricultural, or governmental operations. 

(282) “Solvent” – Organic materials which are liquid at standard conditions and which are used as dissolvers, 

viscosity reducers, or cleaning agents. 

(283) “Solvent Metal Cleaning” – The process of cleaning soil from metal surfaces by cold cleaning or open top 

vapor degreasing or conveyorized degreasing. 

(284) “Special Waste” – Solid wastes that can require special handling and management, including white goods, 

whole tires, used oil, mattresses, furniture, lead-acid batteries, and biological wastes. 

(285) “Stack” – A pipe, duct, chimney, or other functionally equivalent device that confines and conveys air 

pollutants from an emissions unit or group of emissions units into the atmosphere through an emission point 

designed to discharge air pollutants into the atmosphere, but not including flares. 

(286) “Stack in Existence” – A stack where the owner or operator had, as of a particular date: 

(a) Begun, or caused to begin, a continuous program of physical on-site construction of the stack; or 

(b) Entered into binding agreements or contractual obligations, which could not be cancelled or modified 

without substantial loss to the owner or operator, to undertake a program of construction of the stack to be 

completed in a reasonable time. 

(287) “Standard Conditions” – A temperature of 68 degrees Fahrenheit (20 degrees Celsius) and a pressure of 

14.7 pounds per square inch absolute (760 mm Hg). 

(288) “Standard Sulfur Pellets” – Any generally spherical form of solid sulfur (such as air or water-formed 

prills, or granules, or hemispherical forms such as Sandvick rotoform, but not including aglomerates, popcorn, slate 

or crushed bulk sulfur) that meets all of the following specifications. All required tests shall be performed on sulfur 

pellets that have been allowed to stand a minimum of 20 days after being formed. All test results shall be the 

arithmetic average of three test runs, each on a separate representative composite sample of the shipment or lot being 

tested. 

(a) Not more than 20 percent retained on a 1/4 inch U.S. (6.3 mm) screen, determined in accordance with 

SUDIC Test Method S2-77: Sieve Analysis of Sulfur Forms, as adopted in Chapter 62-297, F.A.C. 

(b) Less than six percent additional fines (minus 50 U.S. screen) generated under SUDIC’s standard Stress 

Level II test (Method S5-77: Determination of Friability of Sulfur Forms – 28 inch (700 mm) Diameter Tumbler 

Test). 

(289) “Startup” – The commencement of operation of any emissions unit which has shut down or ceased 

operation for a period of time sufficient to cause temperature, pressure, chemical or pollution control device 

imbalances, which result in excess emissions. 

(290) “State Implementation Plan (SIP)” or “Implementation Plan” – The plan which Section 110 of the Clean 

Air Act requires a state to submit to the Administrator. The State Implementation Plan for the State of Florida, as 

approved by the U.S. Environmental Protection Agency, is identified in 40 C.F.R. Part 52, Subpart K, adopted and 

incorporated by reference in Rule 62-204.800, F.A.C. 

(291) “Straight Kraft Recovery Furnace” – A furnace used to recover chemicals consisting primarily of sodium 

and sulfur compounds by burning black liquor which on a quarterly basis contains 7 weight percent or less of the 

total pulp solids from the neutral sulfite semichemical (NSSC) process or has a green liquor sulfidity of 28 percent 

or less. 

(292) “Submerged Filling” – The filling of a gasoline cargo tank or a stationary storage tank through an internal 

fill pipe whose discharge is no more than six (6) inches from the bottom of the tank. Bottom filling of gasoline cargo 

tanks or stationary storage tanks is included in this definition. 

(293) “Sulfur Recovery Plant” – Any plant that recovers sulfur from crude (unrefined) petroleum materials. 

(294) “Sulfur Storage and Handling Facility” – A facility designed and utilized for unloading, transferring or 

storing elemental sulfur in either molten form, solid pelletized form or solid vats. 

(295) “Sulfur Vat” – A block of solid sulfur formed by pouring molten sulfur on an established base utilizing 

movable forms or existing vat walls to contain the liquid sulfur until it solidifies. 
338 

(296) “Sulfuric Acid Plant” – Any installation producing sulfuric acid by burning elemental sulfur, alkylation 

acid, hydrogen sulfides, organic sulfides, mercaptans, or acid sludge. 

(297) “Synthetic Non-Title V Source” – A facility that would be classified as a Title V source, but for a 

physical or operational limitation assumed by the owner or operator on the capacity of the facility to emit a 

pollutant, including any air pollution control equipment and any restriction on hours of operation or on the type or 

amount of material combusted, stored, or processed, provided that such physical or operational limitation is 

federally enforceable. 

(298) “Tack Coat” – A light application of liquid asphalt to an existing asphalt pavement or base to insure a 

bond between the surface being paved, or repaired, and the overlying paving or patching material. 

(299) “Tall Oil Plant” – A plant which recovers the crude tall oil fraction from the spent kraft cooking liquor 

(black liquor) used in the kraft process. Included are all associated tanks and vents from which reduced sulfur 

compounds are emitted to the atmosphere. 

(300) “Temporary Total Enclosure” – With respect to VOC emissions, a temporary total enclosure is an 

enclosure which is built around an activity, process, or emissions unit that emits VOC and meets the specifications 

given in Procedure T which is adopted by reference in Rule 62-204.800, F.A.C. 

(301) “Thermography” – The process of spreading thermal powders on the wet ink of a print application and 

heating it in order to melt the powder into a single solid mass which creates a raised printing effect. The heating is 

accomplished with a natural gas or electric oven. 

(302) “Thin Particleboard” – A manufactured board 1/2 inch or less in thickness made of individual wood 

particles which have been coated with binder and formed into flat sheets by pressure. 

(303) “Three-Piece Can Side-Seam Spray” – A coating sprayed on the exterior and interior of a welded, 

cemented or soldered seam to protect the exposed metal. 

(304) “Tight-lipped Clamshell Bucket” – A clamshell bucket designed with appropriate materials and geometry 

to provide and maintain a secure seal to prevent material loss or spillage. The following are typical features of such a 

bucket: 

(a) “Composition” – All plate and bar stock shall be a combination of 100,000 and 70,000 psi minimum yield 

steel. Such steel shall be used in those parts of the bucket where strength or weldability are needed. 

(b) “Lips” – The lips (cutting edge) shall be composed of a high strength abrasion resistant alloy steel which is 

weldable and has a minimum hardness of 250 Brinell. The lips shall be hard surfaced for the entire length of the 

outer edge to provide continuing lead edge as they wear and shall be designed to be replaceable. The lips shall be 

bevelled for the entire length of the bottom and sides so the cutting edge will wear evenly. Where appropriate with 

respect to the material being handled, the lips shall be designed so that they come together in a tongue and groove 

fashion. The lips shall be provided with a hard rubber insert, which shall run the full length of the bottom and side 

lips of the bowls. 

(c) “Design” – The geometry of the bucket shall provide maximum force on the lips in the closed position and 

the bowls (scoops) of the bucket shall have adequate gussets, and stiffeners to assure lip alignment. Side and cover 

plates will be installed to contain particulate emissions or spillage. The exposed plates may be streamlined to 

minimize material clinging to the outside of the bucket after it clears the ship’s hold. 

(d) “Bearings, Crosshead and Corner Arms” – All wear points shall be constructed of appropriate material. 

Bushings shall be composed of a chromium-molybdenum alloy steel and heat treated to approximately 450 Brinell. 

All shafts shall be made of heat treated 4140 Chromium-molybdenum steel. All wear points shall be grease 

lubricated. 

(305) “Tileboard” – Paneling that has a colored waterproof surface coating. 

(306) “Title V Operation Permit Program” – The EPA-approved operation permit program which Title V of the 

Act requires a state to submit to the Administrator. 

(307) “Title V Source” – A major source of air pollution as defined above. 

(308) “Title V Source Permit” – A permit issued pursuant to Chapter 62-213, F.A.C. 

(309) “Topcoat” – The final film of coating applied in a multiple coat operation. 

(310) “Total Reduced Sulfur (TRS)” – The sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, 

dimethyl sulfide, and dimethyl disulfide that are released during the kraft pulping process and measured by 

Reference Method 16 or a designated alternate method. 

(311) “Total Suspended Particulate” or “TSP” – Particulate matter as measured by the method described in 40 

C.F.R. Part 50, Appendix B, adopted and incorporated by reference in Rule 62-204.800, F.A.C. 

(312) “True Vapor Pressure” – The equilibrium partial pressure exerted by a petroleum liquid as determined in 

accordance with methods described in American Petroleum Institute Bulletin 2517, “Evaporation Loss from 
339 

External Floating Roof Tanks,” 1980. The above reference is available from American Petroleum Institute, 2101 L. 

Street, Northwest, Washington, D.C., and may be inspected at the Department’s Tallahassee office. 

(313) “Two-Piece Can Exterior End Coating” – A coating applied by roller coating or spraying to the exterior 

end of a can to provide protection to the metal. 

(314) “Ultraviolet-Cured” – An ink and coating drying process by which monomers, oligomers, and other 

components polymerize to form a film when exposed to ultraviolet radiation. 

(315) “Unconfined Emissions” – Emissions which escape and become airborne from unenclosed operations or 

which are emitted into the atmosphere without being conducted through a stack. 

(316) “Unit-Specific Applicable Requirement” – An applicable requirement that applies specifically to a given 

emissions unit; however, for purposes of subsection 62-210.300(3), subparagraph 62-213.300(2)(a)1. and paragraph 

62-213.430(6)(b), F.A.C., applicable requirements which are not considered unit-specific applicable requirements 

include the following: 

(a) Any subpart of 40 C.F.R. Part 60, 61, or 63 that imposes nothing more than a recordkeeping or reporting 

requirement on an emissions unit; 

(b) 40 CFR Part 61, Subpart M – National Emission Standard for Asbestos, Section 61.145, Standard for 

Demolition and Renovation; 

(c) Subsection 62-296.320(2), F.A.C., Objectionable Odor Prohibited; 

(d) Subsection 62-296.320(3), F.A.C., Industrial, Commercial, and Municipal Open Burning Prohibited; 

(e) Paragraph 62-296.320(4)(b), F.A.C., General Visible Emissions Standard, except subparagraph 62-

296.320(4)(b)2., F.A.C.; 

(f) Paragraph 62-296.320(4)(c), F.A.C., Unconfined Emissions of Particulate Matter; 

(g) Rule 62-4.160, F.A.C., except subsection 62-4.160(13), F.A.C.; and 

(h) Any standard or other requirement under Chapters 62-252, 62-256, 62-257, and 62-281, F.A.C. 

(317) “Untreated Wood” – Wood (including lighter pine, tree trunks, limbs and stumps, shrubs, and lumber) 

which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), and 

other wood preservatives or treatments. 

(318) “Vapor Balance System” – A combination of pipes or hoses which create a closed system between the 

vapor spaces of an unloading tank and a receiving tank such that vapors displaced from the receiving tanks are 

transferred to the tank being unloaded. 

(319) “Vapor Collection System” – A vapor transport system which uses direct displacement by the liquid 

loaded to force vapors from the tank into a vapor control system. 

(320) “Vapor Control System” – A system that will not allow emissions of volatile organic compounds in the 

displaced vapor at a rate greater than 80 milligrams per liter (4.7 grains/gallon (gr./gal.)) of gasoline transferred. 

(321) “Vapor-mounted Seal” – A primary seal mounted so there is an annular vapor space underneath the seal. 

The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the 

floating roof. 

(322) “Vapor Recovery System” – A system that collects and conserves vapors that would otherwise be 

released to the atmosphere. 

(323) “Vinyl Coating” – Applying a decorative or protective topcoat, or printing on vinyl-coated fabric or vinyl 

sheets. VOC emission reduction credit is not allowed when plastisols are used in emission averaging involving vinyl 

printing and topcoating. 

(324) “Visible Emission” – An emission greater than 5 percent opacity or 1/4 Ringelmann measured by 

standard methods. 

(325) “Visibility Impairment” or “Impairment to Visibility” – Any humanly perceptible change in visibility 

(visual range, contrast, coloration) from that which would have existed under natural conditions. 

(326) “Volatile Organic Compounds (VOC)” – Any one or more volatile organic compounds as defined at 40 

CFR 51.100, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

(327) “Waste-to-Energy Facility” – A facility that uses an enclosed device using controlled combustion to 

thermally break down solid, liquid or gaseous combustible solid waste to an ash residue that contains little or no 

combustible material, and that produces electricity, steam, or other energy as a result. The term does not include 

facilities that primarily burn fuels other than solid waste, even if the facilities also burn some solid waste as a fuel 

supplement. The term also does not include facilities that burn vegetative, agricultural, or silvicultural wastes, 

bagasse, clean dry wood, methane or other landfill gas, wood fuel derived from construction or demolition debris, or 

waste tires, alone or in combination with fossil fuel. For the purposes of Rule 62-296.416, F.A.C., the term does not 

include facilities that primarily burn biohazardous or hazardous waste and industrial boilers that burn pelletized 

paper waste as a supplemental fuel. 
340 

(328) “Water-based Ink/Coating/Adhesive” – An ink, coating or adhesive with a VOC content less than or equal 

to 25 percent by weight as applied. 

(329) “Waxy, Heavy Pour Crude Oil” – A crude oil with a pour point of 50 degrees or higher as determined by 

ASTM D 97, which is adopted and incorporated by reference at Rule 62-297.440, F.A.C. 

(330) “Yard Waste” – Vegetative matter resulting from landscaping and yard maintenance operations and other 

such routine property clean-up activities. It includes materials such as leaves, shrub trimmings, grass clippings, palm 

fronds, and brush. 

Rulemaking 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, 6-29-09, 3-11-10. 

62-210.220 Small Business Assistance Program. 

A “Small Business Stationary Source Technical and Environmental Compliance Assistance Program,” or 

“Small Business Assistance Program,” is established as an organizational unit of the Department’s Division of Air 

Resources Management. The purpose of this rule is to establish procedures for notifying small business stationary 

sources of their rights and to assure an opportunity for public comment on any petition filed by any facility seeking 

inclusion on the list of small business stationary sources maintained by the Small Business Assistance Program. 

(1) Notification of Rights. The Department shall provide, at a minimum, notice to small business stationary 

sources as identified pursuant to subsection 62-210.220(2), F.A.C., of state requirements. 

(a) The Small Business Assistance Program shall provide notice of those rules related to air pollution which 

have been proposed by the Department and published in the Florida Administrative Weekly. Each notice shall 

contain: 

1. The subject matter of the rule; 

2. The publication date; 

3. Any published effective date; 

4. The Florida Administrative Weekly location, by volume and page number; and 

5. The Small Business Assistance Program Hotline telephone number. 

(b) The Department shall provide those small business stationary sources identified pursuant to subsection 62-

210.220(2), F.A.C., which are also Title V sources with notice of any requirements of Chapter 62-213, F.A.C., in 

accordance with the provisions of Chapter 62-213, F.A.C. 

(2) Public Notice and Comment. The Small Business Assistance Program shall create and maintain a list of 

interested entities to receive the notices identified in subsection 62-210.220(1), F.A.C. 

(a) The Small Business Assistance Program shall create a list of small business stationary sources as follows: 

1. The program shall identify, using existing Department air pollutant emitting facility computerized records, all 

permitted facilities that have the potential to emit not more than 100 tons per year of all regulated air pollutants. The 

program shall request of each such facility: 

a. The total number of full-time and part-time employees, including temporary employees, employed by the 

person, corporation or partnership which owns or operates the facility; 

b. The type of business in which the facility is engaged; and 

c. The total amount of annual receipts for the most recently completed fiscal year. 

2. Each facility desiring consideration as a small business stationary source shall provide the information listed 

in subparagraph 62-210.220(2)(a)1., F.A.C. The Small Business Assistance Program shall review the information 

and determine, based upon the information submitted by the facility and upon the air pollutant emission information 

contained in the Department’s computerized air facility records, whether the facility is a “small business stationary 

source” as defined in subsection 62-210.200, F.A.C. 

(b) Any facility may petition for inclusion on the list described at paragraph 62-210.220(2)(a), F.A.C. Each 

petitioning facility must publish notice of such petition in a newspaper of general circulation in each county in 

which the facility operates. No less than 30 days after receipt of both the notice of publication and a petition meeting 

the requirements of this paragraph, the Small Business Assistance Program shall add to the list the name and address 

of any such facility which conforms to the requirements of paragraph (b) of the definition of “small business 

stationary source” at Rule 62-210.200, F.A.C. Each petition for inclusion must provide factual data showing: 

1. Name; 

2. Mail address; 

3. Facility address; 

4. County; 
341 

5. Standard Industrial Classification (SIC) code; 

6. Description of operation; 

7. Data showing the facility is owned or operated by an individual person, a corporate entity or a partnership 

entity employing no more than 100 employees including full and part-time employees and permanent and temporary 

employees during any pay period of the past 12 calendar months preceding application; 

8. Data showing the facility does not exceed the size standards, as expressed in dollars, established in 13 C.F.R. 

121.601, hereby adopted and incorporated by reference; and 

9. Data showing the facility does not emit more than 100 tons per year, in the aggregate, of all regulated air 

pollutants. 

(c) The Small Business Assistance Program shall notify each facility responding pursuant to subparagraph 62-

210.220(2)(a)2., F.A.C., or petitioning pursuant to paragraph 62-210.220(2)(b), F.A.C., that the responding facility 

does or does not conform to the definition of “small business stationary source” at Rule 62-210.200, F.A.C., or that 

the petitioning facility does or does not conform to the requirements of paragraph (b) of the definition of “small 

business stationary source” at Rule 62-210.200, F.A.C. The determination shall constitute agency action for 

purposes of Chapter 28-106, F.A.C. Any person who has provided comments to the Small Business Assistance 

Program in response to the published notice described at paragraph 62-210.220(2)(b), F.A.C., shall be provided 

written notice of the determination. The facility shall be considered an applicant for purposes of Chapter 28-106, 

F.A.C. 

(d) The Department shall include on the list described at paragraph 62-210.220(1)(a), F.A.C., each facility that 

has submitted a petition pursuant to paragraph 62-210.220(2)(b), F.A.C., and which the Department has determined 

conforms to the definition of “small business stationary source” at Rule 62-210.200, F.A.C. 

(e) The Department shall maintain the list described at paragraph 62-210.220(1)(a), F.A.C., annually. The 

Department shall delete from the list the name and address of any facility which has requested deletion or from 

which the Department’s notice has been returned as not deliverable. 

Specific Authority 403.8052 FS. Law Implemented 403.8052 FS. History–New 10-15-96, Amended 2-11-99. 

62-210.300 Permits Required. 

Unless exempted from permitting pursuant to this rule or Rule 62-4.040, F.A.C., the owner or operator of any 

facility or emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain 

appropriate authorization from the Department prior to undertaking any activity at the facility or emissions unit for 

which such authorization is required. The Department grants authorization to conduct such activities by individual 

air permit or by air general permit. Activities requiring authorization by individual air construction permit are 

addressed at subsection 62-210.300(1), F.A.C., and activities requiring authorization by individual air operation 

permit are addressed at subsection 62-210.300(2), F.A.C. Authorization by air general permit is addressed at 

subsection 62-210.300(4), F.A.C. All emission limitations, controls, and other requirements imposed by any 

individual air permit shall be at least as stringent as any applicable limitations and requirements contained in or 

enforceable under the State Implementation Plan (SIP) or that are otherwise federally enforceable. Except as 

provided at Rule 62-213.460, F.A.C., being authorized to construct, operate, or undertake any other activity by 

individual air permit or air general permit does not relieve the owner or operator of a facility or emissions unit from 

complying with any applicable requirements, any emission limiting standards or other requirements of the air 

pollution rules of the Department or any other such requirements under federal, state, or local law. 

(1) Air Construction Permits. 

(a) Unless exempt from permitting pursuant to paragraph 62-210.300(3)(a) or (b), F.A.C., or Rule 62-4.040, 

F.A.C., an air construction permit shall be obtained by the owner or operator of any proposed new, reconstructed, or 

modified facility or emissions unit, or any new pollution control equipment prior to the beginning of construction, 

reconstruction pursuant to 40 CFR 60.15 or 63.2, or modification of the facility or emissions unit or addition of the 

air pollution control equipment; or to establish a PAL; in accordance with all applicable provisions of this chapter, 

Chapter 62-212, F.A.C., and Chapter 62-4, F.A.C. Except as provided under Rule 62-213.415, F.A.C., the owner or 

operator of any facility seeking to create or change an air emissions bubble shall obtain an air construction permit in 

accordance with all the applicable provisions of this chapter, Chapters 62-212 and 62-4, F.A.C. The construction 

permit shall be issued for a period of time sufficient to allow construction, reconstruction or modification of the 

facility or emissions unit or addition of the air pollution control equipment; and operation while the owner or 

operator of the new, reconstructed or modified facility or emissions unit or the new pollution control equipment is 

conducting tests or otherwise demonstrating initial compliance with the conditions of the construction permit. 

(b) Notwithstanding the expiration of an air construction permit, all limitations and requirements of such permit 

that are applicable to the design and operation of the permitted facility or emissions unit shall remain in effect until 

the facility or emissions unit is permanently shut down, except for any such limitation or requirement that is obsolete 
342 

by its nature (such as a requirement for initial compliance testing) or any such limitation or requirement that is 

changed in accordance with the provisions of subparagraph 62-210.300(1)(b)1., F.A.C. Either the applicant or the 

Department can propose that certain conditions be considered obsolete. Any conditions or language in an air 

construction permit that are included for informational purposes only, if they are transferred to the air operation 

permit, shall be transferred for informational purposes only and shall not become enforceable conditions unless 

voluntarily agreed to by the permittee or otherwise required under Department rules. 

1. Except for those limitations or requirements that are obsolete, all limitations and requirements of an air 

construction permit shall be included and identified in any air operation permit for the facility or emissions unit. The 

limitations and requirements included in the air operation permit can be changed, and thereby superseded, through 

the issuance of an air construction permit, federally enforceable state air operation permit, federally enforceable air 

general permit, or Title V air operation permit; provided, however, that: 

a. Any change that would constitute an administrative correction may be made pursuant to Rule 62-210.360, 

F.A.C.; 

b. Any change that would constitute a modification, as defined at Rule 62-210.200, F.A.C., shall be 

accomplished only through the issuance of an air construction permit; and 

c. Any change in a permit limitation or requirement that originates from a permit issued by the Environmental 

Protection Agency pursuant to 40 C.F.R. 52.21, or by the Department pursuant to subparagraph 62-

204.800(11)(d)2., F.A.C., Rule 62-212.400, F.A.C., Rule 62-212.500, F.A.C., or any former codification of Rule 62-

212.400 or 62-212.500, F.A.C., shall be accomplished only through the issuance of a new or revised air construction 

permit under subparagraph 62-204.800(11)(d)2., F.A.C., Rule 62-212.400 or 62-212.500, F.A.C., as appropriate. 

2. The force and effect of any change in a permit limitation or requirement made in accordance with the 

provisions of subparagraph 62-210.300(1)(b)1., F.A.C., shall be the same as if such change were made to the 

original air construction permit. 

3. Nothing in paragraph 62-210.300(1)(b), F.A.C., shall be construed as to allow operation of a facility or 

emissions unit without a valid air operation permit. 

(c) Notwithstanding the provisions of paragraph 62-210.200(1)(a), F.A.C., the owner or operator of any eligible 

facility who registers to use an air general permit under Rule 62-210.310, F.A.C., or Rule 62-213.300, F.A.C., who 

is not denied use of the air general permit, and who constructs the facility in compliance with the terms and 

conditions of the air general permit shall not be required to obtain an air construction permit pursuant to this 

subsection, provided, however, that any proposed new major stationary source, major modification, or modification 

that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C., shall require 

authorization by air construction permit. 

(2) Air Operation Permits. Upon expiration of the air operation permit for any existing facility or emissions 

unit; subsequent to any construction, reconstruction or modification of a facility or emissions unit authorized by an 

air construction permit, and demonstration of compliance with the conditions of such air construction permit; 

subsequent to the establishment of a PAL or air emissions bubble by air construction permit; or as otherwise 

provided in this chapter or Chapter 62-213, F.A.C.; the owner or operator of such facility or emissions unit shall 

obtain a renewal air operation permit, an initial air operation permit, or revision of an existing air operation permit, 

whichever is appropriate, in accordance with all applicable provisions of this chapter, Chapter 62-213 (if the facility 

is a Title V source), and Chapter 62-4, F.A.C. 

(a) Minimum Requirements for All Air Operation Permits. At a minimum, a permit issued pursuant to this 

subsection shall: 

1. Specify the manner, nature, volume and frequency of the emissions permitted, and the applicable emission 

limiting standards or performance standards, if any; 

2. Require proper operation and maintenance of any pollution control equipment by qualified personnel, where 

applicable in accordance with the provisions of any operation and maintenance plan required by the air pollution 

rules of the Department. 

3. Contain an effective date stated in the permit which shall not be earlier than the date final action is taken on 

the application and be issued for a period, beginning on the effective date, as provided below. 

a. The operation permit for an emissions unit which is in compliance with all applicable rules and in operational 

condition, and which the owner or operator intends to continue operating, shall be issued or renewed for a five-year 

period. 

b. Except as provided in sub-subparagraph 62-210.300(2)(a)3.d., F.A.C., the operation permit for an emissions 

unit which has been shut down for six months or more prior to the expiration date of the current operation permit, 

shall be renewed for a period not to exceed five years from the date of shutdown, even if the emissions unit is not 

maintained in operational condition, provided: 
343 

(I) The owner or operator of the emissions unit demonstrates to the Department that the emissions unit may 

need to be reactivated and used, or that it is the owner’s or operator’s intent to apply to the Department for a permit 

to construct a new emissions unit at the facility before the end of the extension period; and 

(II) The owner or operator of the emissions unit agrees to and is legally prohibited from providing the allowable 

emission permitted by the renewed permit as an emissions offset to any other person under Rule 62-212.500, F.A.C.; 

and 

(III) The emissions unit was operating in compliance with all applicable rules as of the time the source was shut 

down. 

c. Except as provided in sub-subparagraph 62-210.300(2)(a)3.d., F.A.C., the operation permit for an emissions 

unit which has been shut down for five years or more prior to the expiration date of the current operation permit 

shall be renewed for a maximum period not to exceed ten years from the date of shutdown, even if the emissions 

unit is not maintained in operational condition, provided the conditions given in sub-subparagraph 62-

210.300(2)(a)3.b., F.A.C., are met and the owner or operator demonstrates to the Department that failure to renew 

the permit would constitute a hardship, which may include economic hardship. 

d. The operation permit for an electric utility generating unit on cold standby or long-term reserve shutdown 

shall be renewed for a five-year period, and additional five-year periods, even if the unit is not maintained in 

operational condition, provided the conditions given in sub-sub-subparagraphs 62-210.300(2)(a)3.b.(I) through (III), 

F.A.C., are met. 

4. In the case of an emissions unit permitted pursuant to sub-subparagraphs 62-210.300(2)(a)3.b., c., and d., 

F.A.C., include reasonable notification and compliance testing requirements for reactivation of such emissions unit 

and provide that the owner or operator demonstrate to the Department prior to reactivation that such reactivation 

would not constitute any modification or reconstruction pursuant to this chapter or any federal regulation adopted by 

reference at Rule 62-204.800, F.A.C. 

(b) Additional Requirements for Federally Enforceable State Operation Permits (FESOPs) for Non-Title V 

Sources. 

1. An operation permit for a non-Title V source, including a synthetic non-Title V source, shall be considered 

federally enforceable only if it is issued, renewed, or revised in accordance with the following provisions: 

a. At the time of initial application for the permit, the applicant requests that the permit be made federally 

enforceable. 

b. A notice of proposed agency action on the initial application, any renewal application involving material 

changes from the existing permit, and any application for permit revision is published in accordance with the 

provisions of subsections 62-210.350(1) and subsection (4), F.A.C., except as provided in subparagraph 62-

210.300(2)(b)3., F.A.C. 

c. The permit is a facility-wide permit. 

d. The permit is conditioned such that the owner or operator is legally obligated to adhere to the terms and 

limitations of such permit, including any condition or limitation assumed by the owner or operator upon acceptance 

of such permit. 

e. The permit is conditioned such that any emissions limitation, control requirement, or other requirement 

assumed by the owner or operator upon acceptance of such permit shall be quantifiable and enforceable as a 

practical matter. 

2. Once a synthetic non-Title V source has been issued a federally enforceable state operation permit (FESOP), 

it shall remain subject to the requirements of paragraph 62-210.300(2)(b), F.A.C., unless: 

a. The owner or operator accepts a higher limit and the facility becomes a Title V source; or 

b. The owner or operator demonstrates to the Department that it no longer needs a federally enforceable 

operation permit to be classified as a non-Title V source (i.e., the facility is naturally “minor” without any federally 

enforceable limits) and specifically requests exemption from these requirements. 

3. If all of the permitted emissions units within a facility have been issued one or more air construction permits 

which have undergone public notice in accordance with procedures at least as stringent as those provided in 

subsection 62-210.350(4), F.A.C., and the applicant requests that the conditions of such construction permit(s) be 

transferred without material change to a federally enforceable state operation permit (FESOP), the Department shall 

waive the requirements of sub-subparagraph 62-210.300(2)(b)1.b. and subparagraph 62-210.350(4)(a)3., F.A.C., for 

publication of a notice of proposed agency action; provided, however, that the remaining provisions of subsection 

62-210.350(4), F.A.C., shall apply, including the requirement that notice be given to the U.S. Environmental 

Protection Agency and any local air pollution control program. 

4. If an applicant requests that existing, multiple air operation permits for a facility be consolidated into a single 

federally enforceable state operation permit (FESOP), the Department shall reduce the permit processing fee 
344 

required pursuant to Rule 62-4.050, F.A.C., by an amount equal to the sum of the processing fees paid for the 

existing permits prorated by the number of years remaining until expiration of each such permit. 

(c) Notwithstanding the provisions of subsection 62-210.300(2), F.A.C., the owner or operator of any eligible 

facility who registers to use an air general permit under Rule 62-210.310, F.A.C., or Rule 62-213.300, F.A.C., who 

is not denied use of the air general permit, and who operates the facility in compliance with the terms and conditions 

of the air general permit shall not be required to obtain an air operation permit pursuant to this subsection or Rule 

62-213.400, F.A.C. 

(3) Exemptions. Except as otherwise provided herein, an owner or operator shall not be required to obtain an air 

construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, 

F.A.C., for any facility, emissions unit or pollutant-emitting activity that satisfies the applicable criteria of paragraph 

62-210.300(3)(a) or (b), F.A.C., or has been exempted from permitting pursuant to Rule 62-4.040, F.A.C. Failure of 

a facility, emissions unit or activity to satisfy the exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., 

does not preclude such facility, emissions unit or activity from being considered for exemption pursuant to Rule 62-

4.040, F.A.C. Notwithstanding the above, no emissions unit or activity shall be exempt from the requirement to 

obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 

62-210.310, F.A.C., if it would be subject to any unit-specific applicable requirement, including a PAL. 

Furthermore, no new, reconstructed, or modified emissions unit or activity shall be exempt from the requirement to 

obtain an air construction permit if its emissions would contribute to a major modification or to any modification 

that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C. An emissions unit 

or pollutant-emitting activity exempt from the requirement to obtain an air construction permit shall not be exempt 

from the permitting requirements of Chapter 62-213, F.A.C., if it is contained within a Title V source or if its 

emissions, in combination with the emissions of other emission units and activities at the facility, would cause the 

facility to be classified as a Title V source. Exemption from the requirement to obtain an air construction permit or 

non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., does not 

relieve any emissions unit or activity from complying with any requirement under 40 CFR Part 60, 61, or 63, 

adopted and incorporated by reference at Rule 62-204.800, F.A.C., to which it is subject, even if such requirement is 

not a unit-specific applicable requirement. Furthermore, an exempt emissions unit or activity shall be subject to any 

general, facility-level applicable requirements, and its emissions shall be considered in determining the applicability 

of permitting requirements to other emissions units at the facility or to the facility as a whole. 

(a) Categorical and Conditional Exemptions. Except as otherwise provided at subsection 62-210.300(3), F.A.C., 

above, the following facilities, emissions units, and pollutant-emitting activities shall be exempt from any 

requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit 

pursuant to Rule 62-210.310, F.A.C. The exemptions listed at subparagraphs 62-210.300(3)(a)23. through 37., 

F.A.C., are valid only if the owner or operator ensures that the conditions of exemption are met. 

1. Home heating and comfort heating with a gross maximum heat output of less than one million Btu per hour. 

2. Internal combustion engines in boats, aircraft and vehicles used for transportation of passengers or freight. 

3. Incinerators in one or two family dwellings or in multi-family dwellings containing four or less family units, 

one of which is owner-occupied. 

4. Noncommercial and nonindustrial vacuum cleaning systems used exclusively for residential housekeeping 

purposes. 

5. Cold storage refrigeration equipment, except for any such equipment located at a Title V source using an 

ozone-depleting substance regulated under 40 C.F.R. Part 82. 

6. Vacuum pumps in laboratory operations. 

7. Equipment used for steam cleaning. 

8. Belt or drum sanders having a total sanding surface of five square feet or less and other equipment used 

exclusively on wood or plastics or their products having a density of 20 pounds per cubic foot or more. 

9. Equipment used exclusively for space heating, other than boilers. 

10. Noncommercial smoke houses used exclusively for smoking food products. 

11. Bakery ovens located at any retail bakery facility which derives at least fifty percent of its revenues from 

retail sales on premises. Also, bakery ovens located at any commercial bakery facility utilizing only non-conveyor 

belt ovens operating on a single baking cycle in which a determinate amount of product is cooked at one baking (i.e., 

batch ovens). 

12. Laboratory equipment used exclusively for chemical or physical analyses. 

13. Brazing, soldering or welding equipment. 

14. Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solutions of bleach or detergents. 

15. Fire and safety equipment. 
345 

16. Petroleum lubrication systems. 

17. Application of fungicide, herbicide, or pesticide. 

18. Asbestos renovation and demolition activities. 

19. Vehicle refueling operations and associated fuel storage. 

20. Restaurants. 

21. Burning of drugs seized by law enforcement agencies in boilers with a heat input of 250 million Btu per 

hour or more. 

22. Phosphogypsum cooling ponds and inactive phosphogypsum stacks which have demonstrated compliance 

with the requirements of 40 CFR Part 61, Subpart R, adopted and incorporated by reference at Rule 62-204.800, 

F.A.C. 

23. Degreasing units using heavier-than-air vapors exclusively, provided that such units shall not use any 

substance containing any hazardous air pollutant. 

24. Non-halogenated solvent storage and cleaning operations, provided that such operations shall not use any 

solvent containing any hazardous air pollutant. 

25. Petroleum dry cleaning facilities, provided the solvent consumption shall be less than 3,250 gallons per 

year. 

26. Portable air curtain incinerators, provided the following conditions are met. 

a. Except as provided at sub-subparagraph c., only land clearing debris and appropriate starting fuel shall be 

burned in the air curtain incinerator. The air curtain incinerator shall not be used to burn any material prohibited to 

be open-burned as set forth at subsection 62-256.300(3), F.A.C. Only kerosene, diesel fuel, drip torch fuel (as used 

to ignite prescribed fires), untreated wood, virgin oil, natural gas or liquefied petroleum gas shall be used to start the 

fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. 

b. The air curtain incinerator, alone or in combination with any other air curtain incinerator(s) claiming this 

exemption from air permitting, shall not be deployed at a single site for more than six (6) months in any consecutive 

twelve (12) months and, except as provided at sub-subparagraph c., shall not burn any material other than land 

clearing debris generated at the site or at any other site under control of the same person (or persons under common 

control). For purposes of this provision, a site is any and all locations on one (1) or more contiguous or adjacent 

properties which are under the control of the same person (or persons under common control), except that, in the 

case of a linear right-of-way, a site is any and all locations within any one-mile span of right-of-way. Any 

deployment of one (1) or more air curtain incinerators at a single site for more than six (6) months in any 

consecutive twelve (12) months, and, except as provided at sub-subparagraph c., any use of an air curtain incinerator 

at a site to burn material other than land clearing debris generated at the site or any other site under control of the 

same person (or persons under common control), shall require an appropriate air permit. 

c. Notwithstanding the provisions of sub-subparagraphs a. and b., the air curtain incinerator may be used for up 

to six (6) months in any consecutive twelve (12) months at any location for the destruction of animal carcasses in 

accordance with the provisions of subsection 62-256.700(6), F.A.C., the burning of storm-generated debris in 

accordance with the provisions of subsection 62-256.700(8), F.A.C., or the destruction of insect or disease-infested 

vegetation in accordance with the provisions of subsection 62-256.700(9), F.A.C. When using an air curtain 

incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. 

d. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and 

maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with 

sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of 

emissions. Pit width shall not exceed twelve (12) feet. 

e. Material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air 

curtain in the pit. 

f. Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than 1/3 the pit depth or 

to the point where the ash begins to impede combustion, whichever occurs first. 

g. Visible emissions from the air curtain incinerator shall not exceed ten percent (10%) opacity, six (6) minute 

average, except for up to thirty (30) minutes during periods of startup when visible emissions up to thirty-five 

percent (35) opacity, six (6) minute average, shall be allowed. For purposes of this exemption, these visible 

emissions limitations shall not be considered unit-specific applicable requirements. 

h. The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible 

within the incinerator. 

i. The air curtain incinerator shall be located at least 50 feet away from any wildlands, brush, combustible 

structure, or paved public roadway and 300 feet away from any occupied building. 
346 

j. If the air curtain incinerator is equipped with refractory-lined walls, charging shall begin no earlier than 

sunrise and must end no later than one hour after sunset. If the air curtain incinerator is not equipped with refractorylined walls, charging shall begin no earlier than 8:00 a.m. Central time or 9:00 a.m. Eastern time and must end no 

later than one hour after sunset. After charging ceases, air flow shall be maintained until all material within the air 

curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that 

documents daily beginning and ending times of charging. 

k. Prior to any period of operation of the air curtain incinerator, the owner or operator shall contact the Division 

of Forestry regarding the planned burning activity. 

l. If the owner of the air curtain incinerator, by lease or other means, grants authority to operate the incinerator 

to a person not in the employ of the owner, the owner shall provide such person with a copy of the conditions of this 

exemption. 

m. If the air curtain incinerator is operated in compliance with all conditions of this exemption, it shall not be 

subject to the requirements of subsection 62-296.401(7), F.A.C. 

27. Surface coating operations within a single facility, provided: 

a. The surface coating operation shall use only coatings containing 5.0 percent or less VOC, by volume, or the 

total quantity of coatings containing greater than 5.0 percent VOC, by volume, used at the facility shall not exceed 

6.0 gallons per day, averaged monthly, where the quantity of coatings used includes all solvents and thinners used in 

the process or for cleanup; and 

b. Such operations are not subject to any unit-specific applicable requirement. 

28. Volume reduction processes as defined in Rule 62-296.417, F.A.C., provided the owner or operator shall 

manage only spent mercury-containing lamps removed from the facility where the volume reduction process is 

located. 

29. Mercury recovery processes as defined in Rule 62-296.417, F.A.C., provided the owner or operator shall 

manage only spent mercury-containing devices temporarily or permanently removed from service from the owner or 

operator’s own facilities or installations. 

30. Bulk gasoline plants, provided: 

a. The facility receives and distributes only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and 

kerosene; 

b. The total storage capacity for gasoline at the facility does not exceed 100,000 gallons; 

c. The facility shall not exceed a throughput rate (receive and distribute) of 1.3 million gallons of gasoline in 

any consecutive twelve (12) months; and 

d. The facility is not subject to Rule 62-296.418, F.A.C. 

31. Relocatable wet screening-only operations, provided: 

a. The screening operation is not connected to a nonmetallic mineral processing plant subject to 40 CFR Part 60, 

Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; 

b. No hazardous waste, as defined in Section 403.703, F.S., shall be processed; and 

c. The operation shall not operate at a single site for more than six (6) months in any consecutive twelve (12) 

months. For purposes of this provision, a site is any and all locations on one or more contiguous or adjacent 

properties which are under the control of the same person (or persons under common control). 

32. Brownfield site remediation, as described at Rule 62-785.700, F.A.C., provided that the total volatile 

organic compounds in the air emissions from all onsite remediation equipment shall not exceed 13.7 pounds per day. 

33. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat 

input capacity equal to or less than 10 million Btu per hour, provided the following conditions are met with respect 

to each such unit. 

a. The unit is not subject to the Acid Rain Program, CAIR Program, or any unit-specific applicable requirement. 

b. The rated heat input capacity of the unit is equal to or less than 10 million Btu per hour and, collectively, the 

total rated heat input capacity of all units claiming this exemption at the same facility is less than 10 million Btu per 

hour. 

c. The unit shall not burn used oil or any fuels other than natural gas or propane, except that fuel oil with a 

sulfur content not exceeding 1.0 percent by weight may be burned during periods of natural gas curtailment. 

34. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat 

input capacity less than 100 million Btu per hour, provided the following conditions are met with respect to each 

such unit. 

a. The unit is not subject to the Acid Rain Program, CAIR Program, or any unit-specific applicable requirement. 

b. The rated heat input capacity of the unit is less than 100 million Btu per hour and, collectively, the total rated 

heat input capacity of all units claiming this exemption at the same facility is less than 250 million Btu per hour. 
347 

c. The unit shall not burn more than the maximum annual amount of a single fuel, as given in sub-subparagraph 

e., or equivalent maximum annual amounts of multiple fuels, as addressed in sub-subparagraph f. 

d. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective 

maximum annual amount of a single fuel, as given in sub-subparagraph g., or equivalent collective maximum annual 

amounts of multiple fuels, as addressed in sub-subparagraph h. 

e. If burning only one (1) type of fuel, the annual amount of fuel burned by the unit shall not exceed 150 million 

standard cubic feet of natural gas, one million gallons of propane, one million gallons of fuel oil with a sulfur 

content not exceeding 0.05 percent, by weight, 290,000 gallons of fuel oil with a sulfur content not exceeding 0.5 

percent, by weight, or 145,000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight. 

f. If burning more than one (1) type of fuel, the equivalent annual amount of each fuel burned by the unit shall 

not exceed the maximum annual amount of such fuel, as given in sub-subparagraph e., multiplied by a fuel 

percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by the unit to 

the total annual amount of such fuel allowed to be burned by the unit pursuant to sub-subparagraph e. The sum of 

the fuel percentages for all fuels burned by the unit must be less than or equal to 100 percent. 

g. If burning only one (1) type of fuel, the collective annual amount of fuel burned by all units claiming this 

exemption at the same facility shall not exceed 375 million standard cubic feet of natural gas, 2.5 million gallons of 

propane, 2.5 million gallons of fuel oil with a sulfur content not exceeding 0.05 percent, by weight, 290,000 gallons 

of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145,000 gallons of fuel oil with a sulfur 

content not exceeding 1.0 percent, by weight. 

h. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the 

units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such 

fuel, as given in sub-subparagraph g., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of 

the total annual amount of the fuel burned by all units claiming this exemption at the same facility to the total annual 

amount of such fuel allowed to be burned by all units claiming this exemption at the same facility pursuant to subsubparagraph g. The sum of the fuel percentages for all fuels burned by the units claiming this exemption at the 

same facility must be less than or equal to 100 percent. 

35. One (1) or more emergency generators located within a single facility provided: 

a. The unit is not subject to the Acid Rain Program, CAIR Program, or any unit-specific applicable requirement. 

b. The unit shall not burn used oil or any fuels other than natural gas, propane, gasoline, and diesel fuel. 

c. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective 

maximum annual amount of a single fuel, as given in sub-subparagraph d., or equivalent collective maximum annual 

amounts of multiple fuels, as addressed in sub-subparagraph e. 

d. If burning only one (1) type of fuel, the collective annual amount of fuel burned by all units claiming this 

exemption at the same facility shall not exceed 2,700 gallons of gasoline, 32,000 gallons of diesel fuel, 144,000 

gallons of propane, or 4.4 million standard cubic feet of natural gas. 

e. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the 

units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such 

fuel, as given in sub-subparagraph d., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of 

the total amount of the fuel burned by all units claiming this exemption at the same facility to the total amount of 

such fuel allowed to be burned by all units claiming this exemption at the same facility pursuant to subsubparagraph d. The sum of the fuel percentages for all fuels burned by the units claiming this exemption at the 

same facility must be less than or equal to 100 percent. 

36. General purpose internal combustion engines, and other reciprocating internal combustion devices, provided 

the following conditions are met with respect to each such unit. 

a. The unit is not subject to the Acid Rain Program, CAIR Program, or any unit-specific applicable requirement. 

b. The unit shall not burn used oil or any fuels other than natural gas, propane, gasoline, and diesel fuel. 

c. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective 

maximum annual amount of a single fuel, as given in sub-subparagraph d., or equivalent collective maximum annual 

amounts of multiple fuels, as addressed in sub-subparagraph e. 

d. If burning only one (1) type of fuel, the collective annual amount of fuel burned by all units claiming this 

exemption at the same facility shall not exceed 2,700 gallons of gasoline, 32,000 gallons of diesel fuel, 144,000 

gallons of propane, or 4.4 million standard cubic feet of natural gas. 

e. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the 

units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such 

fuel, as given in sub-subparagraph d., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of 

the total amount of the fuel burned by all units claiming this exemption at the same facility to the total amount of 
348 

such fuel allowed to be burned by all units claiming this exemption at the same facility pursuant to subsubparagraph d. The sum of the fuel percentages for all fuels burned by the units claiming this exemption at the 

same facility must be less than or equal to 100 percent. 

37. Printing operations, provided: 

a. The facility is not subject to any unit-specific applicable requirement; 

b. The facility shall use less than 667 gallons of materials containing any hazardous air pollutants in any 

consecutive twelve (12) months; and 

c. The facility shall: 

(I) Operate only heatset offset lithographic printing lines and use less than 20,000 pounds, combined, of inks, 

cleaning solvents, fountain solution concentrate and fountain solution additives in any consecutive twelve (12) 

months; 

(II) Operate only non-heatset offset lithographic printing lines and use less than 2,850 gallons, combined of 

cleaning solvents, fountain solution concentrate and fountain solution additives in any consecutive twelve (12) 

months; 

(III) Operate only digital printing lines and use less than 2,425 gallons, combined, of solvent based inks, cleanup solutions, and other solvent-containing materials in any consecutive twelve (12) months; 

(IV) Operate only screen or letterpress printing lines and use less than 2,850 gallons, combined, of solvent 

based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months; 

(V) Operate only water-based or ultraviolet-cured-material flexographic or rotogravure printing lines and use 

less than 80,000 pounds, combined, of water-based inks, coatings, and adhesives in any consecutive twelve (12) 

months; or 

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less than 20,000 

pounds, combined, of inks, dilution solvents, coatings, cleaning solutions, and adhesives in any consecutive twelve 

(12) months. 

(b) Generic and Temporary Exemptions. 

1. Generic Emissions Unit or Activity Exemption. Except as otherwise provided at subsection 62-210.300(3), 

F.A.C., above, an emissions unit or pollutant-emitting activity that is not entitled to a categorical or conditional 

exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air 

construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, 

F.A.C., if it meets all of the following criteria: 

a. It would be subject to no unit-specific applicable requirement. 

b. It would neither emit nor have the potential to emit: 

(I) 500 pounds per year or more of lead and lead compounds expressed as lead; 

(II) 1,000 pounds per year or more of any hazardous air pollutant; 

(III) 2,500 pounds per year or more of total hazardous air pollutants; or 

(IV) 5.0 tons per year or more of any other regulated pollutant. 

c. Its emissions, in combination with the emissions of other units and activities at the facility, would not cause 

the facility to emit or have the potential to emit any pollutant in such amount as to make the facility a Title V source. 

d. In the case of a proposed new emissions unit at an existing facility, the emissions of such unit, in combination 

with the emissions of any other proposed new or modified units and activities at the facility, would not result in a 

modification subject to the preconstruction review requirements of subparagraph 62-204.800(11)(d)2., Rule 62-

212.400 or 62-212.500, F.A.C. 

e. In the case of a proposed new pollutant-emitting activity, such activity would not constitute a modification of 

any existing non-exempt emissions unit at a non-Title V source or any existing non-insignificant emissions unit at a 

Title V source. 

2. Generic Facility Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., a facility that 

is not entitled to a categorical or conditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be 

exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an 

air general permit pursuant to Rule 62-210.310, F.A.C., if all of the emissions units and activities within the facility, 

including any proposed new emissions units and activities, individually meet the exemption criteria of paragraph 62-

210.300(3)(a), F.A.C., or subparagraph 62-210.300(3)(b)1., F.A.C., or if the facility meets all of the following 

criteria: 

a. No emissions unit or pollutant-emitting activity within the facility would be subject to any unit-specific 

applicable requirement. 

b. The facility would neither emit nor have the potential to emit: 

(I) 1,000 pounds per year or more of lead and lead compounds expressed as lead; 
349 

(II) 1.0 ton per year or more of any hazardous air pollutant; 

(III) 2.5 tons per year or more of total hazardous air pollutants; 

(IV) 25 tons per year or more of carbon monoxide, nitrogen oxides and sulfur dioxide; or 

(V) 10 tons per year or more of any other regulated pollutant. 

c. The facility would neither emit nor have the potential to emit any pollutant in such amount as to make the 

facility a Title V source, nor would the facility be a Title V source for any other reason. 

3. Temporary Exemption for Emissions Units at Certain Title V Sources. Except for an emissions unit that is 

subject to any applicable regulation or permitting requirement under Rule 62-212.400 or 62-212.500, F.A.C.; any 

emissions standard or other requirement adopted by reference prior to July 1, 1995, in Rule 62-204.800, F.A.C.; any 

requirement established pursuant to Rule 62-296.330, F.A.C.; or any Reasonably Available Control Technology 

(RACT) provisions under Rules 62-296.500 through 62-296.712, F.A.C.; an emissions unit that is described in a 

timely and complete permit application under Chapter 62-213, F.A.C., and not subject to an existing valid air permit, 

shall be exempt from the permitting requirements of this chapter, Chapter 62-4 and Rule 62-212.300, F.A.C., until a 

final determination on a permit application under Chapter 62-213, F.A.C., is made. In addition, no emissions unit 

shall be exempt under this paragraph if its emissions cause or contribute to a significant net emissions increase under 

Rule 62-212.400 or 62-212.500, F.A.C., which would trigger preconstruction review, or if it is constructed or 

modified, as defined under Rule 62-210.200, F.A.C., subsequent to November 23, 1994. Any applicant exercising 

this exemption shall provide notification of such exemption to the Department, and further authorizes the 

Department to inspect these emissions units at the Department’s discretion. Emissions units subject to existing valid 

permits shall continue to operate consistent with those permits as provided under subparagraph 62-213.420(1)(b)2., 

F.A.C. This exemption is available only to emissions units contained within either facilities that were Title V 

sources on or before October 25, 1995, and that commenced operation on or before that date, or facilities that 

became Title V sources by operation of law after October 25, 1995, and have timely applied for an initial Title V air 

operation permit. 

4. Temporary Phosphogypsum Exemption. Until permitted pursuant to Chapter 62-213, F.A.C., 

phosphogypsum disposal areas are exempt from the requirement to obtain an air operation permit. 

(c) Conditional Exemptions from Title V Air Permitting. Except as otherwise provided herein, the following 

facilities shall be exempt from the requirement to obtain a Title V air operation permit under the provisions of 

Chapter 62-213, F.A.C., provided the conditions of exemption for each such facility are met. Facilities exempt from 

Title V air permitting pursuant to subparagraph 62-210.300(3)(c)2., F.A.C., are not exempt from the requirement to 

obtain an air construction permit or non-Title V air operation permit. A facility shall not be entitled to an exemption 

from Title V air permitting under this rule if it is a Title V source pursuant to paragraph (f), (g), or (h) of the 

definition of “major source of air pollution” or the facility would be classified as a Title V source as a result of the 

combined potential to emit regulated pollutants of all emissions units at the facility. 

1. Facilities authorized to operate under any of the air general permits provided at subsection 62-210.310(4), 

F.A.C. 

2. Facilities comprising asphalt concrete plants, provided the following conditions are met. 

a. The production rate of asphaltic concrete shall not exceed 500,000 tons in any consecutive twelve-month 

period. 

b. Fuel oil consumption shall not exceed 1.2 million gallons in any consecutive twelve-month period. 

c. Fuel oil shall not exceed 1.0 percent sulfur content, by weight. The owner shall maintain records to 

demonstrate that each shipment of fuel oil has 1.0 percent or less sulfur and that the sulfur content was determined 

by ASTM methods ASTM D4057-88 and ASTM D129-91, ASTM D2622-94 or ASTM D4294-90, adopted and 

incorporated by reference in subsection 62-297.440(1), F.A.C. 

d. Particulate matter (PM) emissions shall not exceed 0.04 grains per dry standard cubic foot averaged over a 

three-hour period, if the facility is subject to 40 C.F.R. 60.90, Subpart I. If the facility is not subject to Subpart I, it 

shall not exceed the applicable particulate emission limiting standard pursuant to paragraph 62-296.320(4)(a), 

F.A.C., and its hours of operation shall not exceed 4,000 hours in any consecutive twelve-month period. 

e. Fugitive PM emissions shall be controlled in accordance with the requirements of paragraph 62-

296.320(4)(c), F.A.C. 

f. Visible emissions (VE) shall not be equal to or greater than 20 percent opacity. 

g. The owner or operator shall maintain records to document the monthly and the twelve-month rolling totals of 

tons of asphaltic concrete produced, the gallons of fuel oil consumed, and the hours of operation. Such records shall 

be retained for five years. 

h. The owner or operator shall submit an Annual Operating Report for Air Pollutant Emitting Facility (DEP 

Form No. 62-210.900(5)) to the Department annually pursuant to subsection 62-210.370(3), F.A.C. 
350 

i. The owner or operator shall submit a stack test using EPA Reference Method 5 or 5A and a visible emission 

(VE) test using EPA Reference Method 9, incorporated and adopted by reference in Rule 62-204.800, F.A.C., that 

demonstrate compliance with the applicable PM and VE standards, respectively, to the Department by March 15, 

1996, and annually thereafter during each federal fiscal year (October 1-September 30). 

j. An asphalt plant claiming this exemption from Title V air permitting shall not collocate with, or relocate to, 

any Title V source; nor shall it create a Title V source in combination with any other collocated facilities, emissions 

units, or pollutant-emitting activities, including any such facility, emissions unit, or activity that is otherwise exempt 

from permitting. 

k. The owner or operator of any facility claiming this exemption must have authorization to operate by a nonTitle V air operation permit that implements the requirements of sub-subparagraphs 62-210.300(3)(c)2.a. through j., 

F.A.C. 

(4) Authorization by Air General Permits. Certain facilities may use an air general permit pursuant to the 

procedures and conditions of Rule 62-210.310, F.A.C., Air General Permits, or Rule 62-213.300, F.A.C., Title V Air 

General Permits. These facilities are specified in Rules 62-210.310 and 62-213.300, F.A.C. The owner or operator of 

any eligible facility who registers to use an air general permit under either of these rules, who is not denied use of 

the air general permit, and who operates the facility in compliance with the terms and conditions of the air general 

permit shall not be required to obtain an air construction permit pursuant to subsection 62-210.300(1), F.A.C., or an 

air operation permit pursuant to subsection 62-210.300(2), F.A.C., or Rule 62-213.400, F.A.C. 

(5) Notification of Startup. The owners or operator of any emissions unit or facility which has a valid air 

operation permit which has been shut down more than one year, shall notify the Department in writing of the intent 

to start up such emissions unit or facility, a minimum of 60 days prior to the intended startup date. 

(a) The notification shall include information as to the startup date, anticipated emission rates or pollutants 

released, changes to processes or control devices which will result in changes to emission rates, and any other 

conditions which may differ from the valid outstanding operation permit. 

(b) If, due to an emergency, a startup date is not known 60 days prior thereto, the owner shall notify the 

Department as soon as possible after the date of such startup is ascertained. 

(6) Emissions Unit Reclassification. 

(a) Any emissions unit whose operation permit has been revoked as provided for in Chapter 62-4, F.A.C., shall 

be deemed permanently shut down for purposes of Rule 62-212.500, F.A.C. Any emissions unit whose permit to 

operate has expired without timely renewal or transfer may be deemed permanently shut down, provided, however, 

that no such emissions unit shall be deemed permanently shut down if, within 20 days after receipt of written notice 

from the Department, the emissions unit owner or operator demonstrates that the permit expiration resulted from 

inadvertent failure to comply with the requirements of Rule 62-4.090, F.A.C., and that the owner or operator intends 

to continue the emissions unit in operation, and either submits an application for an air operation permit or complies 

with permit transfer requirements, if applicable. 

(b) If the owner or operator of an emissions unit which is so permanently shut down, applies to the Department 

for a permit to reactivate or operate such emissions unit, the emissions unit will be reviewed and permitted as a new 

emissions unit. 

(7) Transfer of Air Permits. 

(a) An air permit is transferable only after submission of an Application for Transfer of Air Permit (DEP Form 

62-210.900(7))and Department approval in accordance with Rule 62-4.120, F.A.C. For Title V permit transfers only, 

a complete application for transfer of air permit shall include the requirements of 40 CFR 70.7(d)(1)(iv), adopted 

and incorporated by reference at Rule 62-204.800, F.A.C. Within 30 days after approval of the transfer of permit, 

the Department shall update the permit by an administrative permit correction pursuant to Rule 62-210.360, F.A.C. 

(b) For an air general permit, the provisions of paragraph 62-210.300(7)(a) and Rule 62-4.120, F.A.C., do not 

apply. Thirty (30) days before using an air general permit, the new owner must submit an air general permit 

notification to the Department in accordance with subsection 62-210.300(4) or paragraph 62-213.300(2)(b), F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–Formerly 17-2.210, 

Amended 11-28-93, Formerly 17-210.300, Amended 11-23-94, 4-2-95, 4-18-95, 10-16-95, 1-2-96, 3-13-96, 3-21-96, 5-13-96, 8-

15-96, 10-7-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 6-21-01, 7-6-05, 2-2-06, 1-10-07, 5-9-07, 3-16-08, 10-12-08. 

62-210.310 Air General Permits. 

(1) Air General Permits Established. 

(a) The Department has established air general permits for various types of facilities at subsections 62-

210.310(4) and (5), F.A.C. 
351 

1. The air general permits provided at subsection 62-210.310(4), F.A.C., are available to specific types of 

facilities that elect to comply with process limitations to escape being classified as Title V sources. A facility using 

one (1) of the air general permits at subsection 62-210.310(4), F.A.C., shall not be entitled to use more than one (1) 

such air general permit for any single facility. 

2. The air general permits provided at subsection 62-210.310(5), F.A.C., are available to specific types of 

facilities that are subject to applicable requirements under other state or federal rules. A facility must comply with 

such applicable requirements, whether it elects to use an air general permit under this subsection, or obtain an air 

construction or air operation permit. A facility using one (1) of the air general permits at subsection 62-210.310(5), 

F.A.C., shall not be entitled to use more than one (1) such air general permit for any single facility, except where all 

air general permits used at the facility specifically allow the use of one another at the same facility. 

(b) The owner or operator of a proposed new or existing facility who registers to use an air general permit in 

accordance with the procedures of this rule, and who is not denied use of the air general permit by the Department, 

is authorized to construct or operate the facility in accordance with the terms and conditions of the specific rule 

subsection which constitutes the air general permit for the type of facility involved. 

(2) General Procedures. This subsection sets forth general procedures for use of any of the air general permits 

provided at subsections 62-210.310(4) and (5), F.A.C. 

(a) Determination of Eligibility. The owner or operator of a proposed new or existing facility shall determine 

the facility’s eligibility to use an air general permit under this rule. A facility is eligible to use an air general permit 

under this rule if it meets any specific eligibility criteria given in the applicable air general permit at subsection 62-

210.310(4) or (5), F.A.C., and the following general criteria. 

1. The facility shall not emit nor have the potential to emit ten (10) tons per year or more of any hazardous air 

pollutant, twenty-five (25) tons per year or more of any combination of hazardous air pollutants, or one hundred 

(100) tons per year or more of any other regulated air pollutant; be collocated with, or relocated to, such a facility; or 

create such a facility in combination with any other collocated facilities, emissions units, or pollutant-emitting 

activities, including any such facility, emissions unit, or activity that is otherwise exempt from air permitting. 

2. The facility shall not contain any emissions units or activities not covered by the applicable air general 

permit, except: 

a. Units and activities that are exempt from permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 

62-4.040, F.A.C.; and 

b. Units and activities that are authorized by another air general permit where such other air general permit and 

the air general permit of interest specifically allow the use of one another at the same facility. 

(b) Registration. The owner or operator who intends to construct or operate an eligible facility under the 

authority of an air general permit shall complete and submit the proper registration form to the Department for the 

specific air general permit to be used, as provided in subsection 62-210.920(1) or (2), F.A.C. The registration form 

shall be accompanied by the appropriate air general permit processing fee pursuant to Rule 62-4.050, F.A.C. 

1. Initial Registration. Registration of a facility which is not currently authorized to construct or operate under 

the terms and conditions of an air general permit is classified as an initial registration. Any existing, individual air 

operation permit(s) authorizing operation of the facility must be surrendered by the owner or operator, effective 

upon the first day of use of the air general permit. 

2. Re-registration. Registration of a facility which is currently authorized to operate under the terms and 

conditions of an air general permit is classified as a re-registration. An owner or operator shall re-register the facility 

in the following cases: 

a. Impending expiration of the term for air general permit use; 

b. Change of ownership of all or part of the facility; 

c. Proposed new construction, modification, or other equipment change that requires registration pursuant to 

paragraph 62-210.310(2)(e), F.A.C.; and 

d. Any other change not considered an administrative correction under paragraph 62-210.310(2)(d), F.A.C. 

(c) Use of Air General Permit. 

1. Unless the Department denies use of the air general permit, the owner or operator of an eligible facility may 

use the air general permit for such facility thirty (30) days after giving notice to the Department. The first day of the 

thirty (30) day time frame, day one, is the date the Department receives the proper registration form and processing 

fee. The last day of the thirty (30) day time frame, day thirty (30), is the date the owner or operator may use the air 

general permit, provided there is no agency action to deny use of the air general permit. 

2. To avoid lapse of authority to operate, an owner or operator intending to use, or continue to use, an air 

general permit must submit the proper registration form and processing fee at least thirty (30) days prior to 

expiration of the facility’s existing air operation permit or air general permit. 
352 

(d) Administrative Corrections. Within thirty (30) days of any minor changes requiring corrections to 

information contained in the registration form, the owner or operator shall notify the Department in writing. Such 

changes shall include: 

1. Any change in the name, address, or phone number of the facility or authorized representative not associated 

with a change in ownership or with a physical relocation of the facility or any emissions units or operations 

comprising the facility; or 

2. Any other similar minor administrative change at the facility. 

(e) Equipment Changes. The owner or operator shall maintain records of all equipment changes. In the case of 

installation of new process or air pollution control equipment, alteration of existing process or control equipment 

without replacement, or replacement of existing process or control equipment with equipment substantially different 

in terms of capacity, method of operation, material processed, or intended use than that noted on the most recent 

registration form, the owner or operator shall submit a new and complete air general permit registration form for the 

facility with the appropriate fee pursuant to Rule 62-4.050, F.A.C. to the Department, provided, however, that any 

change that would constitute a new major stationary source, major modification, or modification that would be a 

major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C., shall require authorization by air 

construction permit. 

(f) Enforcement of Ineligibility. If a facility using an air general permit at any time becomes ineligible for the 

use of the air general permit, or if any facility using an air general permit is determined to have been initially 

ineligible for use of the air general permit, it shall be subject to enforcement action for constructing or operating 

without an air permit under subsection 62-210.300(1) or (2), F.A.C., or Chapter 62-213, F.A.C., as appropriate. 

(3) General Conditions. All terms, conditions, requirements, limitations, and restrictions set forth in this 

subsection are “general permit conditions” and are binding upon the owner or operator of any facility using an air 

general permit provided at subsection 62-210.310(4) or (5), F.A.C. 

(a) The owner or operator’s use of an air general permit is limited to five (5) years. Prior to the end of the five 

(5) year term, the owner or operator who intends to continue using the air general permit for the facility shall reregister with the Department pursuant to subparagraph 62-210.310(2)(b)2., F.A.C. To avoid lapse of authority to 

operate, the owner or operator must submit the proper registration form and processing fee at least thirty (30) days 

prior to expiration of the facility’s existing air general permit. The air general permit re-registration form shall 

contain all current information regarding the facility. 

(b) Use of an air general permit is not transferable and does not follow a change in ownership of the facility. 

Prior to any sale, other change of ownership, or permanent shutdown of the facility, the owner or operator is 

encouraged to notify the Department of the pending action. The new owner or operator who intends to continue 

using the air general permit for the facility shall re-register with the Department pursuant to subparagraph 62-

210.310(2)(b)2., F.A.C. 

(c) The air general permit is valid only for the specific type of facility and associated emissions units and 

pollutant-emitting activities indicated. 

(d) The air general permit does not authorize any demolition or renovation of the facility which involves 

asbestos removal. The air general permit does not constitute a waiver of any of the requirements of Chapter 62-257, 

F.A.C., or 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos, adopted and incorporated by 

reference at Rule 62-204.800, F.A.C. 

(e) The general permit does not authorize any open burning. 

(f) The owner or operator shall not circumvent any air pollution control device or allow the emission of air 

pollutants without the proper operation of all applicable air pollution control devices. 

(g) The owner or operator shall maintain the authorized facility in good condition. Throughout the term of air 

general permit use, the owner or operator shall ensure that the facility maintains its eligibility to use the air general 

permit and complies with all terms and conditions of the air general permit. 

(h) The owner or operator shall allow a duly authorized representative of the Department access to the facility at 

reasonable times to inspect and test, upon presentation of credentials or other documents as may be required by law, 

to determine compliance with the air general permit and Department rules. 

(i) If, for any reason, the owner or operator of any facility operating under an air general permit does not 

comply with or will be unable to comply with any condition or limitation of the air general permit, the owner or 

operator shall immediately provide the Department with the following information: 

1. A description of and cause of noncompliance; and 

2. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the 

noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the 

noncompliance. 
353 

(j) Use of an air general permit does not relieve the owner or operator of the facility from liability and penalties 

when the construction or operation of the authorized facility causes harm or injury to human health or welfare; 

causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the 

owner or operator to cause pollution in contravention of Florida law. 

(k) The air general permit conveys no title to land or water, nor does it constitute state recognition or 

acknowledgment of title. 

(l) The air general permit does not convey any vested rights or exclusive privileges, nor does it authorize any 

injury to public or private property or any invasion of personal rights. It does not authorize any infringement of 

federal, state, or local laws or regulations. 

(m) Use of the air general permit shall be effective until suspended, revoked, surrendered, expired, or nullified 

pursuant to this rule and Chapter 120, F.S. 

(n) Use of the air general permit does not eliminate the necessity for the owner or operator to obtain any other 

federal, state or local permits that may be required, or relieve the owner or operator from the duty to comply with 

any federal, state or local requirements that may apply. 

(4) Air General Permits for Facilities Claiming Conditional Exemption from Title V Air Permitting. 

(a) Air General Permit for Facilities Comprising a Bulk Gasoline Plant. 

1. A facility comprising a bulk gasoline plant shall be eligible to use this air general permit provided it meets 

the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria. 

a. The facility shall use no other air general permit. 

b. The facility shall not be subject to any unit-specific applicable requirement other than any applicable 

provisions of Rule 62-296.418, F.A.C. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The facility shall receive and distribute only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits 

and kerosene. 

b. The total storage capacity for gasoline at the facility shall not exceed 150,000 gallons. 

c. The facility shall not exceed a throughput rate (receive and distribute) of 6.0 million gallons of gasoline in 

any consecutive twelve (12) months. 

d. The owner or operator shall maintain records to document the throughput rate of gasoline on a monthly basis. 

The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) 

years. 

e. The facility shall comply with all applicable provisions of Rule 62-296.418, F.A.C. 

(b) Air General Permit for Facilities Comprising Reciprocating Internal Combustion Engines. 

1. A facility comprising one (1) or more reciprocating internal combustion engines shall be eligible to use this 

air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the 

following specific criteria. 

a. The facility shall use no other air general permit. 

b. The facility shall not be subject to any unit-specific applicable requirement. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. Total fuel consumption by all reciprocating internal combustion engines at the facility shall not exceed 

20,000 gallons per year of gasoline, 250,000 gallons per year of diesel fuel, 1.15 million gallons per year of propane, 

40 million standard cubic feet per year of natural gas, or an equivalent prorated amount if multiple fuels are used. 

b. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total 

amount of such fuel allowed to be burned, as given in sub-subparagraph a., multiplied by a fuel percentage. The fuel 

percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel 

allowed to be burned at the facility pursuant to sub-subparagraph a. The sum of the fuel percentages for all fuels 

burned by the facility shall not exceed 100 percent. 

c. The owner or operator shall maintain records to document the fuel consumption, by type, on an annual basis. 

The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) 

years. 

(c) Air General Permit for Facilities Comprising Surface Coating Operations. 

1. A facility comprising one (1) or more surface coating operations shall be eligible to use this air general 

permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following 

specific criteria. 

a. The facility shall use no other air general permit. 
354 

b. The facility shall not be subject to any unit-specific applicable requirement. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The total quantity of volatile organic compounds in all coatings used shall not exceed forty-four (44) pounds 

per day, averaged monthly, where coatings used shall include all solvents and thinners used in the process or for 

cleanup. 

b. The owner or operator shall maintain records to document the VOC content and the quantity of coatings used. 

The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) 

years. 

(d) Air General Permit for Facilities Comprising Reinforced Polyester Resin Operations. 

1. A facility comprising one or more reinforced polyester resin operations shall be eligible to use this air general 

permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following 

specific criteria. 

a. The facility shall use no other air general permit. 

b. The facility shall not be subject to any unit-specific applicable requirement. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The combined quantity of styrene-containing resin and gelcoat used shall not exceed 76,000 pounds (thirtyeight (38) tons) in any consecutive twelve (12) months. 

b. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C. 

c. The owner or operator shall maintain records to document the quantity of resin and gelcoat used on a monthly 

basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least 

five (5) years. 

(e) Air General Permit for Facilities Comprising Cast Polymer Operations. 

1. A facility comprising one (1) or more cast polymer operations shall be eligible to use this air general permit 

provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific 

criteria. 

a. The facility shall use no other air general permit. 

b. The facility shall not be subject to any unit-specific applicable requirement. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The combined quantity of styrene-containing resin and gel coat used shall not exceed 284,000 pounds (142 

tons) in any consecutive twelve (12) months. 

b. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C. 

c. The owner or operator shall maintain records to document the quantity of resin and gel coat used on a 

monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of 

at least five (5) years. 

(f) Air General Permit for Facilities Comprising Printing Operations. 

1. A facility comprising one (1) or more printing operations shall be eligible to use this air general permit 

provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific 

criteria. 

a. The facility shall use no other air general permit. 

b. The facility shall not be subject to any unit-specific applicable requirement. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions, provided, however, that the facility shall comply with the 

limitations of either sub-subparagraph 62-210.310(4)(f)2.a. or b., F.A.C. The facility may change method of 

compliance between sub-subparagraphs 62-210.310(4)(f)2.a. and b., F.A.C., provided the owner or operator 

maintains records to demonstrate compliance with the appropriate requirement at the time of change and thereafter. 

a. The facility shall not emit eighty (80) tons or more of volatile organic compounds, eight (8) tons or more of 

any individual hazardous air pollutant, or twenty (20) tons or more of any combination of hazardous air pollutants in 

any consecutive twelve (12) months. The facility shall not rely upon add-on controls to meet these limitations. The 

owner or operator shall keep records of material usage and calculate, using a mass balance approach, for each 

calendar month and each consecutive twelve (12) months, the emissions of volatile organic compounds, individual 

hazardous air pollutants and total combined hazardous air pollutants. The owner or operator shall retain these 

records, available for Department inspection, for a period of at least five (5) years; or 
355 

b. The facility shall use less than 1,333 gallons of materials containing any hazardous air pollutants and not 

exceed the following material usage limitations in any consecutive twelve (12) months. The owner or operator shall 

keep records of material usage for each calendar month and each consecutive twelve (12) months to demonstrate 

compliance with such limitations. The owner or operator shall retain these records, available for Department 

inspection, for a period of at least five (5) years. Specifically, the facility shall: 

(I) Operate only heatset offset lithographic printing lines and use less than 100,000 pounds, combined, of inks, 

cleaning solvents, fountain solution concentrate and fountain solution additives; 

(II) Operate only non-heatset offset lithographic printing lines and use less than 14,250 gallons, combined, of 

cleaning solvents, fountain solution concentrate and fountain solution additives; 

(III) Operate only digital printing lines and use less than 12,100 gallons, combined, of solvent based inks, cleanup solutions and other solvent-containing materials; 

(IV) Operate only screen or letterpress printing lines and use less than 14,250 gallons, combined, of solvent 

based inks, clean-up solutions and other solvent-containing materials; 

(V) Operate only water-based or ultraviolet-cured material flexographic or rotogravure printing lines and use 

less than 400,000 pounds, combined, of water-based inks, coatings and adhesives; 

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less than 100,000 

pounds, combined, of inks, dilution solvents, coatings, cleaning solutions and adhesives; or 

(VII) Operate any combination of heatset lithographic, non-heatset lithographic, digital, screen or letterpress, 

rotogravure or flexographic printing lines and use no more than the most stringent of the material usage limitations 

contained in sub-sub-subparagraphs 62-210.310(4)(f)2.b.(I) through (VI), F.A.C., for the type of printing lines at the 

facility. For purposes of determining which limit is the most stringent, the pounds of materials used for heatset offset 

lithographic lines and flexographic lines shall be converted to the equivalent gallons by dividing by 8.5 pounds per 

gallon and shall be compared with the limits for non-heatset offset lithographic, digital, screen and letterpress lines, 

as applicable, for the type of printing lines at the facility. The most stringent limit shall apply to the total of all 

solvent-containing material used. 

c. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C. 

(5) Air General Permits for Miscellaneous Facilities. 

(a) Air General Permit for Facilities Comprising Volume Reduction, Mercury Recovery, and Mercury 

Reclamation Processes. 

1. For purposes of this air general permit, the terms “volume reduction process,” “mercury recovery process,” 

and “mercury reclamation process” have the meanings given at Rule 62-296.417, F.A.C. 

2. A facility comprising one (1) or more volume reduction, mercury recovery, and mercury reclamation 

processes shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 

62-210.310(2)(a), F.A.C. 

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and all applicable provisions of Rule 62-296.417, F.A.C. 

(b) Air General Permit for Facilities Comprising Concrete Batching Plants. 

1. For purposes of this air general permit, the term “concrete batching plant” shall have the meaning given at 

Rule 62-296.414, F.A.C., and the term “site” shall mean one or more contiguous or adjacent properties under control 

of the same person (or persons under common control). 

2. A facility comprising one (1) or more stationary or relocatable concrete batching plants shall be eligible to 

use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C. 

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The facility shall comply with all applicable provisions of Rule 62-296.414, F.A.C. 

b. The owner or operator of any equipment used to mix cement and soil for onsite soil augmentation or 

stabilization shall notify the Department by telephone, e-mail, fax, or written communication at least one (1) 

business day prior to changing location and transmit (by e-mail, fax, post, or courier) a Facility Relocation 

Notification Form (DEP Form No. 62-210.900(6)) to the Department no later than five (5) business days following 

relocation. The owner or operator of any other relocatable concrete batching plant proposing to change location shall 

transmit a Facility Relocation Notification Form to the Department at least five (5) business days prior to relocation. 

4. A facility using this air general permit may collocate with other facilities that separately registered for, and 

are also using, the concrete batching plant air general permit, and with facilities using the nonmetallic mineral 

processing plant air general permit at paragraph 62-210.310(5)(e), F.A.C., even if under the control of different 

persons, provided the following conditions are met. 
356 

a. The collocation site does not contain any emissions units and pollutant-emitting activities other than concrete 

batching plants using air general permits, nonmetallic mineral processing plants using air general permits, and 

nonmetallic mineral processing plants or other emissions units and pollutant-emitting activities exempted from 

permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C. 

b. The total fuel consumption by all emissions units at the collocation site shall not exceed 275,000 gallons of 

diesel fuel, 23,000 gallons per year of gasoline, 44 million standard cubic feet per year of natural gas, or 1.3 million 

gallons per year of propane, or an equivalent prorated amount if multiple fuels are used. 

c. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total 

amount of such fuel allowed to be burned, as given in sub-subparagraph b., multiplied by a fuel percentage. The fuel 

percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel 

allowed to be burned at the facility pursuant to sub-subparagraph b. The sum of the fuel percentages for all fuels 

burned by the facility shall not exceed one hundred percent (100%). 

d. The owners or operators of all collocated concrete batching plants and nonmetallic mineral processing plants 

shall maintain records to account for site-wide fuel consumption for each calendar month and each consecutive 

twelve (12) months. The owners or operators shall retain these records, available for Department inspection, for a 

period of at least five (5) years. 

5. Under the authority of this air general permit, a relocatable concrete batching plant may perform a nonroutine task, such as making concrete for a construction project, at a facility with authorization by individual air 

construction or non-Title V air operation permit, without revision to the facility’s individual air permit. Any such 

concrete batching plant shall remain at the individually permitted facility for no more than six (6) months from the 

day it relocates to such facility. The owner or operator of such concrete batching plant shall keep records to indicate 

how long the plant has been at the permitted facility. 

(c) Air General Permit for Facilities Comprising Human Crematories. 

1. A facility comprising one (1) or more human crematories shall be eligible to use this air general permit 

provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The facility shall comply with all applicable provisions of subsection 62-296.401(5), F.A.C. 

b. The owner or operator may use a human crematory air general permit and an animal crematory air general 

permit at the same facility, provided all human crematory units operate under a single human crematory air general 

permit and all animal crematory units operate under a single animal crematory air general permit. 

(d) Air General Permit for Facilities Comprising Animal Crematories. 

1. A facility comprising one (1) or more animal crematories shall be eligible to use this air general permit 

provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and no animal crematory unit 

at the facility exceeds a design capacity of 500 pounds per hour cremated. 

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The facility shall comply with all applicable provisions of subsection 62-296.401(6), F.A.C. 

b. The owner or operator may use an animal crematory air general permit and a human crematory air general 

permit at the same facility, provided all animal crematory units operate under a single animal crematory air general 

permit and all human crematory units operate under a single human crematory air general permit. 

(e) Air General Permit for Facilities Comprising Nonmetallic Mineral Processing Plants (Crushing Operations). 

1. For purposes of this air general permit, the definitions at 40 CFR Part 60, Subpart OOO, adopted and 

incorporated by reference at Rule 62-204.800, F.A.C., shall apply, and the term “site” shall mean one or more 

contiguous or adjacent properties under control of the same person (or persons under common control). A facility 

need not be subject to 40 CFR Part 60, Subpart OOO, to be eligible for use of this air general permit. If a facility 

using this air general permit later becomes subject to 40 CFR Part 60, Subpart OOO, the owner or operator shall reregister with the Department. 

2. A stationary or relocatable facility comprising one (1) or more nonmetallic mineral processing plants shall be 

eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), 

F.A.C. 

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-

210.310(3), F.A.C., and the following specific conditions. 

a. The total fuel consumption by the facility shall not exceed 23,000 gallons per year of gasoline, 275,000 

gallons per year of diesel fuel, 1.3 million gallons per year of propane, 44 million standard cubic feet per year of 

natural gas, or an equivalent prorated amount if multiple fuels are used. 
357 

b. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total 

amount of such fuel allowed to be burned, as given in sub-subparagraph b., multiplied by a fuel percentage. The fuel 

percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel 

allowed to be burned at the facility pursuant to sub-subparagraph b. The sum of the fuel percentages for all fuels 

burned by the facility shall not exceed 100 percent. 

c. Pursuant to Rule 62-296.320, F.A.C., the following reasonable precautions shall be employed to control 

unconfined emissions of particulate matter. 

(I) Unconfined emissions from all relocatable nonmetallic mineral processing plants, except those located at 

mines or quarries and processing only material from onsite natural deposits, and all stationary nonmetallic mineral 

processing plants that process dry material shall be controlled by using a water suppression system with spray bars 

located wherever unconfined emissions occur at the feeder(s), the entrance and exit of the crusher(s), the classifier 

screens, and the conveyor drop points. 

(II) Unconfined emissions generated by vehicular traffic or wind shall be controlled by applying water (by 

water trucks equipped with spray bars) or effective dust suppressant(s) on a regular basis to all stockpiles, roadways 

and work yards where the nonmetallic mineral processing plant is located. 

d. Visible emissions from any crusher, grinding mill, screening operation, bucket elevator, transfer point on belt 

conveyors, bagging operation, storage bin, enclosed truck or railcar loading station, or any other affected emission 

point at a nonmetallic mineral processing plant not subject to 40 CFR Part 60, Subpart OOO, shall be less than 

twenty percent (20%) opacity, pursuant to Rule 62-296.320, F.A.C. 

e. Nonmetallic mineral processing plants subject to 40 CFR Part 60, Subpart OOO, shall comply with all 

applicable standards, limitations, and requirements of Subpart OOO. Such facilities shall conduct initial 

performance tests for particulate matter and visible emissions in accordance with all requirements of Subpart OOO 

and 40 CFR Part 60, Subpart A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Thereafter, such 

facilities shall conduct performance tests for visible emissions annually pursuant to Rule 62-297.310, F.A.C. The 

annual visible emissions performance tests shall be conducted in accordance with the test methods and procedures 

set forth at Subpart OOO. All test results shall be reported to the Department in accordance with the provisions of 

Rule 62-297.310, F.A.C. 

f. The owner or operator of any relocatable nonmetallic mineral processing plant proposing to change location 

shall notify the Department by telephone, e-mail, fax, or written communication at least one (1) business day prior to 

changing location and transmit (by e-mail, fax, post, or courier) a Facility Relocation Notification Form (DEP Form 

No. 62-210.900(6)) to the Department no later than five (5) business days following relocation. 

4. A facility using this air general permit may collocate with other facilities that separately registered for, and 

are also using, the nonmetallic mineral processing plant air general permit, and with facilities using the concrete 

batching plant air general permit at paragraph 62-210.310(5)(b), F.A.C., even if under the control of different 

persons, provided the following conditions are met. 

a. The collocation site shall not contain any emissions units and pollutant-emitting activities other than concrete 

batching plants using air general permits, nonmetallic mineral processing plants using air general permits, and 

nonmetallic mineral processing plants or other emissions units and pollutant-emitting activities exempted from 

permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C. 

b. The fuel usage limitations of sub-subparagraphs 62-210.310(5)(e)3.b. and c., F.A.C., shall apply to the 

collocation site. The owners or operators of all collocated concrete batching plants and nonmetallic mineral 

processing plants shall maintain records to account for site-wide fuel consumption for each calendar month and each 

consecutive twelve (12) months. The owners or operators shall retain these records, available for Department 

inspection, for a period of at least five (5) years. 

5. Under the authority of this air general permit, a relocatable nonmetallic mineral processing plant may 

perform a non-routine task, such as crushing concrete for a demolition project, at a facility with authorization by 

individual air construction or non-Title V air operation permit, without revision to the facility’s individual air 

permit. Any such nonmetallic mineral processing plant shall not be deployed at a single site for more than six (6) 

months in any consecutive twelve (12) months. The owner or operator of such nonmetallic mineral processing plant 

shall keep records to indicate how long the plant has been at the permitted facility. No nonmetallic mineral 

processing plant using this air general permit shall perform a task routinely done at the individually permitted 

facility, such as crushing recycled asphalt pavement (rap) at an asphalt plant, unless operation of the nonmetallic 

mineral processing plant is authorized by the air construction permit or non-Title V air operation permit, as 

applicable, for the permitted facility. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 1-10-07, Amended 

5-9-07, 10-12-08. 
358 

62-210.340 Citrus Juice Processing Facilities. 

Beginning July 1, 2004, all facilities subject to the requirements of Section 403.08725, Florida Statutes (F.S.), 

shall comply with the provisions of that statute; with the implementing provisions of this rule; with those specific air 

pollution compliance provisions expressly made applicable to a facility pursuant to any Department Consent Order 

entered after the effective date of this rule or pursuant to any judicial order entered in a Department enforcement 

action after the effective date of this rule; and with all provisions of any Best Available Control Technology (BACT) 

determination required under this rule. Together with the facility notification requirements as specified in this rule, 

all provisions of the statute, of this rule, of all air pollution compliance provisions applicable to a facility pursuant to 

any such Department Consent Order or judicial order, and of all such BACT determinations applicable to a facility 

shall constitute that facility’s authority to operate for purposes of Title 40 of the Code of Federal Regulations, Part 

70. Failure of any facility to comply with any such provision shall be enforceable as a failure to comply with a 

permit requirement for purposes of Section 403.161, F.S., and such failure shall be considered a violation of the 

Clean Air Act and, for purposes of Florida’s federally approved permit programs, of the Florida State 

Implementation Plan and of a federally enforceable requirement of a Title V permit. 

(1) Notice. 

(a) All facilities identified as citrus processing plants under Section 403.08725, F.S., shall provide the following 

notices to the Department: 

1. On or before July 1, 2004, the responsible official of each facility shall provide to the Department a 

notification that it is subject to the provisions of the statute and this rule. Such notification shall include 

identification of each emissions unit at such facility, including the model identification, serial number or other 

sufficient information to enable the Department to easily locate and identify such emissions unit; the date the 

emissions unit was originally installed at the facility; the capacity of the unit; and any requirement listed in 

subsections (1) or (3) through (12) of the definition of applicable requirement specified at 40 CFR section 70.2 to 

which the emission unit is subject. If any emissions unit at the facility is subject to the requirements of 40 CFR Part 

64, the notification shall also include all Compliance Assurance Monitoring (CAM) plans required by that 

regulation. Each facility shall also designate, using DEP form 62-213.900(8), at least one responsible official, who 

must meet the requirements for a responsible official specified at Rule 62-210.200, F.A.C. The responsible official 

shall certify that all information provided in the notification is true, complete and correct, and a Florida Licensed 

Professional Engineer shall certify CAM plans and similar engineering information in the notification. Should the 

facility designate more than one responsible official on DEP form 62-213.900(8), the primary responsible official 

must be indicated. For purposes of Rule 62-210.340, F.A.C., the term “install” means to put a piece of equipment 

into place and make it capable of use. 

2. The responsible official shall submit additional notifications no later than July 1 of each fifth year after 2004, 

which shall contain the same information as is required by the initial notification described above, and shall also 

describe any changes to any emissions unit and to any other requirement since the last notification. The responsible 

official shall certify that all information provided in the notification is true, complete and correct and a Florida 

Licensed Professional Engineer shall certify CAM plans and similar engineering information in the notification. 

3. Except as provided at paragraph 62-210.340(2)(b), F.A.C., at least 45 days prior to adding (i.e., building or 

installing) any emissions unit at the facility, the responsible official shall notify the Department of such proposed 

addition. Such notification shall include identification of each emissions unit proposed for addition at such facility, 

including the model identification, serial number or other sufficient information to enable the Department to easily 

locate and identify such emissions unit; the date the addition of each emissions unit is anticipated to commence; the 

capacity of the unit; and any requirement listed in subsection (1) or (3) through (12) of the definition of applicable 

requirement specified at 40 CFR section 70.2 to which the emission unit is subject. If any emissions unit at the 

facility is subject to the requirements of 40 CFR Part 64, the notification shall also include all Compliance 

Assurance Monitoring plans required by that regulation. The responsible official shall certify that all information 

provided in the notification is true, complete and correct and a Florida Licensed Professional Engineer shall certify 

CAM plans and similar engineering information in the notification. No unit meeting the criteria of paragraph 62-

210.340(2)(b), F.A.C., may be constructed, installed, or modified until the Department and the facility have 

complied with all requirements, including all public notice requirements, of that paragraph. 

(b) The Department shall provide for public notice and comment as follows: 

1. Within 15 days after receipt of any notification, the Department shall publish public notice of receipt of each 

such notification in a newspaper of general circulation in any county in which an affected facility is located. Each 

such public notice shall briefly but clearly describe the facility or facilities covered by the public notice and the 

purpose of the public notice, and shall provide information about the location of further information concerning the 
359 

facility or facilities and concerning any proposed activity that is the subject of the public notice. All such public 

notices shall solicit public comment for a period of thirty days but shall not provide any point of entry for purposes 

of the Florida Administrative Procedures Act. The Department shall respond in writing to all comments received 

within the comment period. A copy of each public notice shall be provided to each affected Federal Land Manager 

and to the Environmental Protection Agency at the time the notice is sent for publication. 

2. On or before January 31, 2006, and at intervals of three years thereafter, or at earlier dates if requested by the 

U.S. Environmental Protection Agency; by any state agency; or by any federal land manager or local governmental 

agency in any location affected by any citrus processing plant subject to this rule; the Department shall notice and 

conduct a public meeting for the purpose of soliciting comments on, or proposals for recommended changes to, any 

aspect of Section 403.08725, F.S., or this rule governing citrus processing plants. The Department shall evaluate all 

such proposals for recommended changes in a timely manner to allow report to the Florida legislature. 

3. If the Department receives a request by the U.S. Environmental Protection Agency; by any federal land 

manager in any location affected by any citrus processing plant subject to this rule; by any state or local 

governmental agency, or by members of the public, responding to a published public notice of proposed activity at a 

citrus processing plant within thirty days after publication of the notice, the Department shall hold a public meeting 

for the purpose of receiving comments concerning the proposed activity unless the written responses to the 

requestor(s) address all issues raised by the requestor(s) and the Department determines that no additional pertinent 

information would be adduced at the meeting. 

(2) Emissions Limits. 

(a) All facilities containing existing emissions units and new emissions units which are specifically listed in 

Section 403.08725(2), F.S., and for which the primary function is citrus processing or the direct support of citrus 

processing, shall comply at all times with the limitations and requirements specified for such units by the statute and 

this implementing rule, except that facilities may determine compliance with peel dryer VOC emissions on an 

annual basis, in accordance with subsection 62-210.340(3), F.A.C. In addition, all such units shall be operated at all 

times to reduce emissions of carbon monoxide through use of good combustion techniques, which are specified in 

paragraph 62-210.340(2)(c), F.A.C. As used in Section 403.08725, F.S., and in Rule 62-210.340, F.A.C., except as 

provided at paragraph 62-210.340(2)(b), F.A.C., the term “constructed” means that an emissions unit is added (i.e., 

built or installed) to a facility. 

(b) No facility may install, construct or modify any emissions unit not specifically listed in Section 

403.08725(2), F.S., or any new emissions unit, the primary function of which is not citrus processing or the direct 

support of citrus processing, regardless of the type or description of the emissions unit, without the facility and the 

Department first complying with all the Prevention of Significant Deterioration (PSD) provisions of Rule 62-

212.400, F.A.C., and without the facility’s responsible official first receiving from the Department a Best Available 

Control Technology (BACT) determination for the proposed activity, if the emissions from such unit are significant 

as determined by this paragraph. 

1. An example of a new emissions unit for which the primary function is other than citrus processing or the 

direct support of citrus processing is any unit generating electricity of which more than one third is for sale or use 

off site. 

2. The emissions from any such unit shall be significant if the maximum uncontrolled potential emissions of the 

unit, in conjunction with the maximum uncontrolled potential emissions from all other such units which were 

constructed, installed or modified within a five-year period prior to the proposed modification, installation or 

construction, are not less than the significance thresholds listed at Table 212.400-2. Seasonality of unit operations 

shall be a factor in determining maximum uncontrolled potential emissions. 

3. The facility shall not install or construct or modify any such unit without first having fully complied with this 

paragraph, and with all state and federal public participation requirements including all requirements of Rule 62-

210.350, F.A.C., relating to construction permits for emissions units subject to Prevention of Significant 

Deterioration. Failure of a facility to comply fully with all the provisions of subsections 62-212.400(5) and (6), and 

62-210.350(1)(a), (b), and (2), F.A.C., shall be considered failure to obtain a PSD permit for purposes of Florida’s 

federally approved State Implementation Plan and Title V permit program. Thereafter any emissions limitations or 

other requirements contained in the BACT determination shall be complied with at all times and shall be included as 

federal requirements in all notices, compliance certifications, or any other reports required by Section 403.08725, 

F.S., and by this rule. 

4. No mechanism otherwise available under subsection 62-212.400(2) or (3), F.A.C., to avoid full application of 

PSD and BACT shall be available; however, the Department shall perform all modeling and analysis required by 

subsection 62-212.400(5), F.A.C., in lieu of obtaining such analyses from the facility. Such modeling and analysis 
360 

shall be based upon information provided and certified by the facility’s responsible official and by a Florida 

Licensed Professional Engineer. 

5. Any VOC emissions limits established under a BACT determination shall be achieved separately and 

distinctly from VOC emissions limits of Section 403.08725(2)(c), F.S., and allowances may not be used to comply 

with such limits. 

6. At the time of submitting information for purposes of complying with the PSD and BACT requirements of 

this section, the responsible official of any plant proposing such an emissions unit shall provide all information 

required by 40 CFR Part 64, if such unit is subject to Compliance Assurance Monitoring requirements under that 

regulation. 

(c) Each facility shall operate its boilers and citrus peel dryers in accordance with the manufacturer’s operating 

manual, or recommended operating practices provided by the manufacturer, equipment vendor, or a professional 

engineer registered in Florida, as well as with the practices described in this paragraph. Each facility shall report to 

the Department any failure to follow these practices, and shall make such report in writing within 7 days from 

discovery of such failure. Records and copies of reports shall be maintained on site for a period of five years and 

shall be made available to the Department upon request. Each facility shall: 

1. Train boiler and dryer operators to perform the operating practices of this paragraph using the manuals and 

plans described, and allow only trained employees to operate boilers and dryers; 

2. Maintain a written plan with operating procedures for startup, shutdown and malfunction of the equipment, 

and follow that plan during these events; 

3. Operate and maintain the burner and burner controls to maintain a proper air to fuel ratio; 

4. Visually check the flame characteristics once per operating shift; 

5. Monitor the moisture content of the dried peel exiting the dryer on a daily basis, and maintain that moisture 

content greater than six percent by weight at all times during operation; 

6. Make burner and burner control adjustments on an annual basis, or more frequently as required by visual 

checks; 

7. Perform an inspection of combustion equipment as prescribed by the equipment manufacturer or registered 

professional engineer, but no less often than annually, and replace parts that are worn or improperly operating; 

8. Keep records of combustion operations that document the operating practices described in this paragraph, 

such documentation shall include a manual, which can be the manufacturer’s operation manual, and daily logs; and 

9. Document maintenance performed on equipment, and all normal processing equipment and operating 

practices changes. 

(3) Compliance With VOC Emission Limits. Use of allowances to comply with the emission limits for volatile 

organic compounds (VOCs) is allowed by Section 403.08725, F.S. Valid allowances are created by reducing VOC 

emissions below the levels that would be achieved by the oil recovery specified by Section 403.08725(2)(c), F.S. 

(a) Allowances shall only be created by, and obtained from, sources authorized to operate under Section 

403.08725, F.S., and no allowance shall be created as a result of compliance with any other emission limitation or 

other requirement of federal or state law. Allowances will not be acceptable for compliance with any other 

emissions limits. All creation and use of allowances shall be accomplished as provided by this section. All 

allowances created shall be in units of tons. Allowances of less than one ton, or fractions of tons, may not be created, 

traded or used for compliance purposes. All allowances obtained to meet emissions limits for a calendar year must 

have been created during the same calendar year. 

(b) Compliance with the emission limits for VOCs of Section 403.08725(2)(c), F.S., shall be demonstrated by 

calculating the compliance indicator, as follows. All measured quantities of oil used in Equations 1, 2 and 3, shown 

in paragraph 62-210.340(3)(f), F.A.C., below, shall be in units of tons and shall reflect the sum total for the entire 

calendar year. 

1. Any facility not using an add-on thermal oxidizer that does not intend to create allowances or acquire 

allowances for compliance with VOC emission limits shall use Equation 1 to demonstrate compliance for the year in 

which no allowances are created or acquired. If the result of Equation 1 is positive or zero, the facility is in 

compliance with the VOC emission limit. If the result of Equation 1 is negative, the facility is in violation of the 

VOC emission limit. In this event, the facility may instead use Equation 2 to demonstrate compliance by acquiring 

allowances, provided that the facility has maintained the necessary records to use Equation 2. 

2. Any facility not using an add-on thermal oxidizer that intends to create allowances or acquire allowances for 

compliance with VOC emission limits shall use Equation 2 to demonstrate compliance and determine the number of 

allowances created or needed for compliance for the year in which allowances are created or acquired. All recovered 

oil must be actually measured and all emitted volatilized oil must be treated as emissions and not as reductions of 

peel oil. If the result of Equation 2 is positive or zero, the facility is in compliance with the VOC emission limit. If 
361 

the result of Equation 2 is positive, the allowances created shall be equal to the truncated value of the compliance 

indicator. If the result of Equation 2 is negative, the facility must acquire sufficient allowances to avoid being in 

violation as described in paragraph 62-210.340(3)(e), F.A.C., below. 

3. Alternatively, any facility not using an add-on thermal oxidizer that does not intend to create allowances or 

acquire allowances for compliance with VOC emission limits may use Equation 2 to demonstrate compliance, 

provided that the facility has maintained the necessary records to use that equation, and otherwise complies with the 

requirements of subparagraph 62-210.340(3)(b)2., F.A.C., above. 

4. Any facility that voluntarily installs and operates an add-on thermal oxidizer shall use Equation 3 to 

demonstrate compliance and determine the number of allowances created or needed for compliance for the year in 

which allowances are created or acquired. For purposes of this rule voluntary installation shall mean any installation 

not required to achieve any reduction required by any federal or state rule or order other than required by Section 

403.08725(2)(c), F.S. If the result of Equation 3 is positive or zero, the facility is in compliance with the VOC 

emission limit. If the result of Equation 3 is positive, the allowances created shall be equal to the truncated value of 

the compliance indicator. If the result of Equation 3 is negative, the facility must acquire sufficient allowances to 

avoid being in violation as described in paragraph 62-210.340(3)(e), F.A.C., below. Measurement of VOC 

destruction efficiency used in Equation 3 from a voluntarily installed add-on thermal oxidizer shall be performed by 

testing while the dryer is drying peel, with no less than two tests performed each calendar year, conducted no less 

than 60 days apart. Destruction efficiency shall be determined by simultaneously measuring the VOC concentration 

in the inlet and outlet of the device, using EPA Reference Method 25A, with inlet and outlet measurements 

determined on a consistent basis, and the monitoring instrument calibrated with propane. Destruction efficiency 

shall be the fraction, reported to three decimal places, calculated as the numeral one minus the ratio of the outlet 

concentration divided by the inlet concentration. The minimum level of destruction efficiency measured by such 

tests each year shall be used in all calculations for that year. The temperature of the thermal oxidizer’s exhaust gas 

stream shall be continuously measured and recorded at the outlet of the thermal oxidizer’s last chamber. For the 

duration of time that the thermal oxidizer is operated below the minimum temperature that is recorded during the 

test that results in the lowest destruction efficiency, the assumed destruction efficiency shall be zero. 

5. Consistent with the provisions of Section 403.08725(4)(a)1., F.S., facilities may accept wet peel from, or 

send wet peel to another facility for further processing and drying, provided that each facility involved receives or 

provides, respectively, sufficient recorded information to account for the recovery of oil from such peel, including 

oil in products and by-products specified at subsection 62-210.340(3), F.A.C., at the receiving facility. A facility that 

sends wet peel offsite for any purpose shall not include the related oil in products and by-products in its oil recovery 

calculations. Such oil shall be included in the oil recovery calculations of the receiving facility. In any case, oil in 

products and by-products related to peel that is not processed through a peel dryer shall be excluded from all oil 

recovery calculations. 

(c) Prior to April 1st of each calendar year, each facility that has created allowances for the past calendar year 

and that has provided such allowances to any other facility, shall notify the Department that the allowances were 

transferred and shall provide documentation that: the allowances are in excess of recovery necessary to meet 

required VOC emission reductions; that the allowances have not been accounted for in any VOC emissions 

reductions at the creating facility; the oil has actually been recovered or destroyed in an add-on thermal oxidizer; 

and the allowances have not previously been sold, traded or otherwise used for compliance with VOC emission 

reductions. The notice shall also contain the calculations used to determine the allowances created and identification 

of the year the allowances were created. All such notices and declarations shall be certified by a responsible official 

at the producing facility. Such oil recovery and emission reductions calculations shall also be certified by a Florida 

Licensed Professional Engineer. 

(d) Prior to April 1st of each calendar year, any facility acquiring any allowances from any other facility for 

purposes of meeting the VOC emission reductions required by Section 403.08725(2)(c), F.S., shall notify the 

Department of use of such allowances. The notice shall include the calendar year for which the allowances are 

required; the amount of oil recovery actually accomplished by the acquiring facility for the same calendar year; the 

calculations used to measure that oil recovery; the amount of allowances needed by the facility to comply with 

Section 403.08725(2)(c), F.S., VOC emission limits; and the facility from which such allowances are being 

acquired. All such notices and declarations shall be certified by a responsible official at the acquiring facility. Such 

oil recovery and emission reductions calculations shall also be certified by a Florida Registered Professional 

Engineer. 

(e) Any facility which fails to achieve the VOC emission reductions required by Section 403.08725(2)(c), F.S., 

at the facility by the end of the calendar year, and which fails to acquire sufficient valid allowances to achieve the 
362 

necessary reductions as provided by this paragraph by April 1 of the following calendar year, or which uses invalid 

allowances for compliance, shall be considered in violation of an emissions limitation provided by permit. 

(f) Equations. 

Equation 1: 

Compliance Indicator = OIF(1 – K1) – OPP + ODP 

Equation 2: 

Compliance Indicator = OJ + CPO + EO + DL + ODP – K1(OIF) 

Equation 3: 

Compliance Indicator = OIF(1 – K1) – OPP + ODP + K2(OPP) (DE) 

Where: 

K1 = 0.50, during the period of time that the required oil recovery percentage specified by Section 

403.08725(2)(c), F.S., is 50%; then, 

K1 = 0.65, thereafter. 

K2 = 0.72 if only dryer emissions are routed through the Regenerative Thermal Oxidizer (RTO). 

K2 = 0.81 if both dryer and cooler emissions are routed through the RTO. 

DE = RTO destruction efficiency = 1 – (outlet concentration/inlet concentration) 

And the following are all in units of tons: 

OIF = Oil in Incoming Fruit 

ODP = Oil in Dried Pellets 

OPP = Oil in Pressed Peel 

OJ = Oil in Juice 

CPO = Cold Press Oil 

EO = Essence Oil 

DL = d-limonene 

(4) Reporting and Monitoring. 

(a) No later than April 1 of each calendar year, each facility’s primary responsible official shall certify the 

compliance status of each emissions unit at the facility with each limit or other requirement of Section 403.08725, 

F.S., with any BACT determination obtained pursuant to subsection 62-210.340(2), F.A.C., and with any other 

requirement of this rule to which the emissions unit is subject. The certification shall identify each emissions unit; 

each requirement to which the unit is subject; the compliance status of the unit during the preceding reporting 

period, including whether compliance was continuous or intermittent; and the method(s) used to determine the 

compliance status, all as required by 40 CFR section 70.6(c)(5)(iii), adopted and incorporated by reference at Rule 

62-204.800, F.A.C. The responsible official may use Form 62-213.900(7) for such certification so long as the 

responsible official considers the permit conditions and requirements to include all applicable requirements of 

Section 403.08725, F.S.; all applicable provisions of any federal regulation to which the facility is subject; all 

requirements of any BACT determination obtained under this rule; and all other requirements of this rule applicable 

to the facility and so long as the responsible official identifies all reportable deviations from, and all instances of 

non-compliance with, any of those applicable requirements. 

(b) Each facility shall test each emission-limited unit at least annually for compliance with each emission limit, 

except that limits of sulfur dioxide (SO2) and VOC established by Section 403.08725, F.S., shall be monitored as 

required by this paragraph in lieu of testing. The facility shall notify the Department of the date, time and place of 

each test, at least 15 days prior to the test date. All records relating to any required testing and monitoring shall be 

maintained on site for a period of five years and shall be made available to the Department upon request. All 

required test results shall be reported to the Department within 60 days of completion. All such reports shall be 

submitted as Title V reports, certified by the responsible official of the facility. Monitoring reports shall be 

submitted by the responsible official, at least semi-annually, in accordance with the requirements of 40 CFR Part 70. 

All such reports shall be certified by the responsible official of the facility. Failure of any facility to timely and 

completely monitor, test, or report shall be considered a violation of a permit condition. Testing and monitoring 

shall be accomplished as follows: 

1. Any facility containing an emissions unit subject to one or more emissions limits by any federal regulation(s) 

shall test emissions of all such limited pollutants at least annually, using the methodology specified in each 

applicable federal regulation for emissions testing. Any emissions unit subject to monitoring of any pollutant 

emissions by any federal regulation(s) shall monitor in accordance with the federal regulation(s). 

2. Any facility containing any emissions unit subject to one or more emissions limits established pursuant to 

paragraph 62-210.340(2)(b), F.A.C., shall test and monitor compliance with all such limits as established in the 

BACT determination. 
363 

3. Any facility containing an emissions unit subject to one or more emissions limits for nitrogen oxides (NOx), 

visible emissions (VE), particulate matter of 10 microns or less (PM10), as specified at Section 403.08725(2)(e)-(g), 

F.S., shall test for each such limited pollutant using the methodologies provided at Section 403.08725(3)(i), F.S. 

4. Any facility containing any emissions unit with a SO2 emissions limit as specified at Section 

403.08725(2)(d), F.S., shall determine the sulfur content of each delivery of fuel oil received using the ASTM D 

4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, and one of the following test 

methods for sulfur in petroleum products: ASTM D 129, ASTM D 1552, ASTM D 2622, or ASTM D 4294, as each 

such method is adopted by reference in Rule 62-297.440, F.A.C. The facility may comply with this requirement by 

receiving certification from the fuel oil supplier that, based on representative testing using the methods specified 

above, the sulfur content of the fuel delivered complies with the sulfur limit of Section 403.08725(2)(d), F.S. The 

facility shall maintain records of the sulfur content of each delivery of fuel oil received and delivery receipts for a 

period of five years from the date of such record. 

5. Fruit and byproduct oil quantities, required for equations 1 through 3, as applicable, shall be measured daily 

for each facility with an emissions unit subject to an emissions limit specified at Section 403.08725(2)(c), F.S. All 

peel oil recovery at a facility shall be determined using the same methodology at all times during each processing 

year. The following sampling and analytical methods shall be used for determining oil contents of fruit, pressed 

peel, dried peel and pellets: The sampling and analytical method for determining oil content in incoming whole fruit 

is the method documented in “FMC FoodTech Citrus Systems Division, Procedures for Analysis of Citrus Products, 

Chapter VI, Procedure 1. Whole Fruit Available Oil, FMC Technologies Inc., Lakeland, FL, pp. 119 to 123, 

(effective August 16, 2002)” hereby adopted by reference; the analytical method for determining oil content is the 

Scott Method (Bromate Titration Method) as documented in “FMC FoodTech Citrus Systems Division, Procedures 

for Analysis of Citrus Products, Chapter IV, Procedure 10. Recoverable Oil (Scott Method), FMC Technologies 

Inc., Lakeland, FL, pp. 40 to 44, (effective August 16, 2002)” hereby adopted by reference; the methods for 

sampling, sample preparation and analytical calculations for peel residue, press cake, and pellets are those 

documented in “Braddock, R. J. (1999), Handbook of Citrus By-Products and Processing Technology, Section 

12.3.1.2 Analysis, John Wiley & Sons, NY, pp. 180 to 181,” hereby adopted by reference. Copies of these 

documents may be obtained by contacting the Division of Air Resource Management at 2600 Blair Stone Road, 

Mail Station 5500, Tallahassee, FL 32399. 

6. In addition to the annual testing required above, each facility containing any emissions unit which has an 

emissions limit for particulate matter (PM), particulate matter of ten microns or less in size (PM10) or visible 

emissions, but which is not equipped with a continuous opacity monitor, shall periodically check for proper 

operation of the unit by visual observation of stack emissions from the unit at least daily for all days during which 

the unit is operating, except that visual observation shall not be required for the following units: any combustion 

unit, other than peel dryers, on any day during which only natural gas is burned provided the fuel usage is 

documented and the documentation is available for Department inspection; biogas flares; pellet coolers and cooling 

reels; lime silos; emergency generators; and VOC emission control incinerators. The visual observation shall be 

performed for a minimum duration of three minutes. The results of the observation, whether visible emissions were 

or were not observed, shall be recorded on a log. The person performing each observation shall note the unit 

observed, the time and date of the observation, and his or her name and title and shall initial the entry. In lieu of 

daily visual observation of stack emissions at peel dryer units, the facility may observe water flow into the scrubber 

system daily. The person performing each observation shall record results in a log and shall include identification of 

the unit being monitored, the date and time of observation, and his or her name and title, and shall initial the entry. 

The log(s) and fuel documentation records shall be maintained at the facility for a period of five years from the date 

of last entry and shall be made available for inspection by the Department. 

Specific Authority 403.08725 FS. Law Implemented 403.08725 FS. History–New 12-17-02, Amended 11-1-04. 

62-210.350 Public Notice and Comment. 

(1) Public Notice of Proposed Agency Action. 

(a) A notice of proposed agency action on permit application, where the proposed agency action is to issue the 

permit, shall be published by any applicant for: 

1. An air construction permit; 

2. An air operation permit, permit renewal or permit revision subject to paragraph 62-210.300(2)(b), F.A.C., 

(i.e., a FESOP), except as provided in sub-subparagraph 62-210.300(2)(b)1.b., F.A.C.; or 

3. An air operation permit, permit renewal, or permit revision subject to Chapter 62-213, F.A.C., except Title V 

air general permits and those permit revisions meeting the requirements of subsection 62-213.412(1), F.A.C. 
364 

(b) The notice required by paragraph 62-210.350(1)(a), F.A.C., shall be published in accordance with all 

otherwise applicable provisions of Rule 62-110.106, F.A.C. A public notice under subparagraph 62-210.350(1)(a)1., 

F.A.C., for an air construction permit may be combined with any required public notice under sub-subparagraph 62-

210.350(1)(a)2. or 3., F.A.C., for air operation permits. If such notices are combined, the public notice must comply 

with the requirements for both notices. 

(c) Except as otherwise provided at subsections 62-210.350(2), (5), and (6), F.A.C., each notice of intent to 

issue an air construction permit shall provide a 14-day period for submittal of public comments. 

(2) Additional Public Notice Requirements for Emissions Units Subject to Prevention of Significant 

Deterioration or Nonattainment-Area Preconstruction Review. 

(a) Before taking final agency action on a construction permit application for any proposed new or modified 

facility or emissions unit subject to the preconstruction review requirements of Rule 62-212.400 or 62-212.500, 

F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an 

opportunity for public comment which shall include as a minimum the following: 

1. A complete file available for public inspection in at least one location in the district affected which includes 

the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, Florida 

Statutes, and the Department’s analysis of the effect of the proposed construction or modification on ambient air 

quality, including the Department’s preliminary determination of whether the permit should be approved or 

disapproved; 

2. A 30-day period for submittal of public comments; and 

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature 

and location of the proposed facility or emissions unit, whether BACT or LAER has been determined, the degree of 

PSD increment consumption expected, if applicable, and the location of the information specified in paragraph 1. 

above; and notifying the public of the opportunity for submitting comments and requesting a public hearing. 

(b) The notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall be prepared by the Department 

and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that 

the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action. 

(c) A copy of the notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall also be sent by the 

Department to the Regional Office of the U.S. Environmental Protection Agency and to all other state and local 

officials or agencies having cognizance over the location of such new or modified facility or emissions unit, 

including local air pollution control agencies, chief executives of city or county government, regional land use 

planning agencies, and any other state, Federal Land Manager, or Indian Governing Body whose lands may be 

affected by emissions from the new or modified facility or emissions unit. 

(d) A copy of the notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall be displayed in the 

appropriate district, branch and local program offices. 

(e) An opportunity for public hearing shall be provided in accordance with Chapter 120, Florida Statutes, and 

Rule 62-110.106, F.A.C. 

(f) Any public comments received shall be made available for public inspection in the location where the 

information specified in subparagraph 62-210.350(2)(a)1., F.A.C., is available and shall be considered by the 

Department in making a final determination to approve or deny the permit. 

(g) The final determination shall be made available for public inspection at the same location where the 

information specified in subparagraph 62-210.350(2)(a)1., F.A.C., was made available. 

(h) For a proposed new or modified emissions unit which would be located within 100 kilometers of any 

Federal Class I area or whose emissions may affect any Federal Class I area, and which would be subject to the 

preconstruction review requirements of Rule 62-212.400 or 62-212.500, F.A.C.: 

1. The Department shall mail or transmit to the Administrator a copy of the initial application for an air 

construction permit and notice of every action related to the consideration of the permit application. 

2. The Department shall mail or transmit to the Federal Land Manager of each affected Class I area a copy of 

any written notice of intent to apply for an air construction permit; the initial application for an air construction 

permit, including all required analyses and demonstrations; any subsequently submitted information related to the 

application; the preliminary determination and notice of proposed agency action on the permit application; and any 

petition for an administrative hearing regarding the application or the Department’s proposed action. Each such 

document shall be mailed or transmitted to the Federal Land Manager within fourteen (14) days after its receipt by 

the Department. 

(3) Additional Public Notice Requirements for Facilities Subject to Operation Permits for Title V Sources. 
365 

(a) Before taking final agency action to issue a new, renewed, or revised air operation permit subject to Chapter 

62-213, F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide 

an opportunity for public comment which shall include as a minimum the following: 

1. A complete file available for public inspection in at least one location in the district affected which includes 

the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, Florida 

Statutes; and 

2. A 30-day period for submittal of public comments. 

(b) The notice provided for in paragraph 62-210.350(3)(a), F.A.C., shall be prepared by the Department and 

published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the 

applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action. If written 

comments received during the 30-day comment period on a draft permit result in the Department’s issuance of a 

revised draft permit in accordance with subsection 62-213.430(1), F.A.C., the Department shall require the applicant 

to publish another public notice in accordance with paragraph 62-210.350(1)(a), F.A.C. 

(c) The notice shall identify: 

1. The facility; 

2. The name and address of the office at which processing of the permit occurs; 

3. The activity or activities involved in the permit action; 

4. The emissions change involved in any permit revision; 

5. The name, address, and telephone number of a Department representative from whom interested persons may 

obtain additional information, including copies of the permit draft, the application, and all relevant supporting 

materials, including any permit application, compliance plan, permit, monitoring report, and compliance statement 

required pursuant to Chapter 62-213, F.A.C., (except for information entitled to confidential treatment pursuant to 

Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision; 

6. A brief description of the comment procedures required by subsection 62-210.350(3), F.A.C.; 

7. The time and place of any hearing that may be held, including a statement of procedure to request a hearing 

(unless a hearing has already been scheduled); and 

8. The procedures by which persons may petition the Administrator to object to the issuance of the proposed 

permit after expiration of the Administrator’s 45-day review period. 

(4) Additional Public Notice Requirements for Facilities Subject to Federally Enforceable State Operation 

Permits (FESOPs) for Non-Title V Sources. 

(a) Before taking final agency action to issue a new, renewed (if materially changed), or revised air operation 

permit pursuant to paragraph 62-210.300(2)(b), F.A.C., the Department shall comply with all applicable provisions 

of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the 

following: 

1. A complete file available for public inspection in at least one location in the district affected which includes 

the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, Florida 

Statutes; 

2. A 14-day period for submittal of public comments; and 

3. A notice, by advertisement in a newspaper of general circulation in the county affected, containing the 

information specified in paragraph 62-210.350(4)(c), F.A.C., except as provided in subparagraph 62-

210.300(2)(b)3., F.A.C. 

(b) The notice provided for in paragraph 62-210.350(4)(a), F.A.C., shall be prepared by the Department and 

published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the 

applicant shall cause the notice to be published no later than fourteen (14) days prior to final agency action. 

(c) The notice shall identify: 

1. The facility; 

2. The name and address of the office at which processing of the permit occurs; 

3. The activity or activities involved in the permit action; 

4. The emissions change involved in any permit revision; 

5. The name, address, and telephone number of a Department representative from whom interested persons may 

obtain additional information, including copies of the permit draft, the application, and all relevant supporting 

materials, including any permit application (except for information entitled to confidential treatment pursuant to 

Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision; 

6. A brief description of the comment procedures required by subsection 62-210.350(4), F.A.C.; and 

7. The time and place of any hearing that may be held, including a statement of procedure to request a hearing 

(unless a hearing has already been scheduled). 
366 

(d) A copy of the notice provided for in subparagraph 62-210.350(4)(a)3., F.A.C., along with the Department’s 

proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection 

Agency, if requested by the regional office, and to any approved local air pollution control program having 

cognizance over the county in which the facility is located. 

(e) A copy of the notice provided for in subparagraph 62-210.350(4)(a)3., F.A.C., shall be displayed in the 

appropriate district, branch, and local program offices. 

(f) Any public comments received shall be made available for public inspection in the location where the 

information specified in subparagraph 62-210.350(4)(a)1., F.A.C., is available and shall be considered by the 

Department in making a final determination to approve or deny the permit. 

(g) The final permit shall be made available for public inspection at the same location where the information 

specified in subparagraph 62-210.350(4)(a)1., F.A.C., was made available and shall be sent by the Department to the 

Regional Office of the U.S. Environmental Protection Agency, if requested by the regional office, and to any local 

air pollution control program having geographical jurisdiction over the county in which the facility is located. 

(5) Additional Public Notice Requirements for Emissions Units Subject to the Requirements for Control 

Technology Determinations for Major Sources in Accordance with Clean Air Act section 112(g). 

(a) Before taking final agency action on any air construction permit application for a proposed new or 

reconstructed facility or emissions unit subject to the preconstruction review requirements of subparagraph 62-

204.800(11)(d)2., F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., 

and provide an opportunity for public comment which shall include at a minimum the following: 

1. A complete file available for public inspection in at least one location in the district affected which includes 

the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, Florida 

Statutes, including the Department’s proposed MACT determination and preliminary determination of whether the 

permit should be approved or disapproved; 

2. A 30-day period for submittal of public comments; and 

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature 

and location of the proposed facility or emissions unit, and the location of the information specified in paragraph 1. 

above; and notifying the public of the opportunity for submitting comments and requesting a public hearing. 

(b) The notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., shall be prepared by the Department 

and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that 

the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action. 

(c) A copy of the notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., along with the Department’s 

proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection 

Agency and to any approved local air pollution control program having cognizance over the county in which the 

facility is located. 

(d) A copy of the notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., shall be displayed in the 

appropriate district, branch, and local program offices. 

(e) Any public comments received shall be made available for public inspection in the location where the 

information specified in subparagraph 62-210.350(5)(a)1., F.A.C., is available and shall be considered by the 

Department in making a final determination to approve or deny the permit. 

(f) The final permit shall be made available for public inspection at the same location where the information 

specified in subparagraph 62-210.350(5)(a)1., F.A.C., was made available and shall be sent by the Department to the 

Regional Office of the U.S. Environmental Protection Agency and to any local air pollution control program having 

geographical jurisdiction over the county in which the facility is located. 

(6) Additional Public Notice Requirements for Actuals Plantwide Applicability Limits (PALs). 

(a) Before taking final agency action on any air construction permit application to establish, renew, or revise a 

PAL, the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an 

opportunity for public comment which shall include at a minimum the following: 

1. A complete file available for public inspection in at least one location in the district affected which includes 

the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, Florida 

Statutes, including the Department’s preliminary determination of whether the permit should be approved or 

disapproved; 

2. A 30-day period for submittal of public comments; and 

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature 

and location of the proposed PAL, and the location of the information specified in subparagraph 1. above; and 

notifying the public of the opportunity for submitting comments. 
367 

(b) The notice provided for in subparagraph 62-210.350(6)(a)3., F.A.C., shall be prepared by the Department 

and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that 

the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action. 

(c) A copy of the notice provided for in subparagraph 62-210.350(6)(a)3., F.A.C., along with the Department’s 

proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection 

Agency and to any approved local air pollution control program having cognizance over the county in which the 

facility is located. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.815 FS. History–Formerly 17-2.220, 

Amended 11-28-93, Formerly 17-210.350, Amended 11-23-94, 1-2-96, 11-13-97, 2-11-99, 2-2-06, 10-12-08. 

62-210.360 Administrative Permit Corrections and Amendments. 

(1) A facility owner shall notify the Department in writing of minor corrections or amendments to information 

contained in a permit. Such minor corrections or amendments shall include: 

(a) Typographical errors noted in the permit; 

(b) Name, address or phone number change from that in the permit; 

(c) A change requiring more frequent monitoring or reporting by the permittee; 

(d) A change in ownership or operational control of a facility, subject to the following provisions: 

1. The Department determines that no other change in the permit is necessary; 

2. The permittee and proposed new permittee have submitted an Application for Transfer of Air Permit, and the 

Department has approved the transfer pursuant to subsection 62-210.300(7), F.A.C.; and 

3. The new permittee has notified the Department of the effective date of sale or legal transfer. 

(e) Changes listed at 40 C.F.R. 72.83(a)(1), (2), (6), (9) and (10), adopted and incorporated by reference at Rule 

62-204.800, F.A.C., and changes made pursuant to subsections 62-214.340(1) and (2), F.A.C., to Title V sources 

subject to emissions limitations or reductions pursuant to 42 USC ss. 7651-7651o; 

(f) Changes listed at 40 C.F.R. 72.83(a)(11) and (12), adopted and incorporated by reference at Rule 62-

204.800, F.A.C., to Title V sources subject to emissions limitations or reductions pursuant to 42 USC ss. 7651-

7651o, provided the notification is accompanied by a copy of any EPA determination concerning the similarity of 

the change to those listed at paragraph 62-210.360(1)(e), F.A.C.; and 

(g) Any other similar minor administrative change at the source. 

(2) Upon receipt of any such notification, the Department shall within 60 days correct or amend the permit and 

provide a copy of the correction or amendment to the owner. 

(3) After first notifying the owner, the Department shall correct any permit in which it discovers errors of the 

types listed at paragraphs 62-210.360(1)(a) and (b), F.A.C., and provide a corrected copy to the owner. 

(4) For Title V source permits corrected or amended by the Department a copy of the correction or amendment 

shall be provided to any approved local air program in the county where the facility or any part of the facility is 

located. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, 

Formerly 17-210.360, Amended 11-23-94, 2-11-99, 4-16-01, 6-2-02, 3-16-08. 

62-210.370 Emissions Computation and Reporting. 

(1) Applicability. This rule sets forth required methodologies to be used by the owner or operator of a facility 

for computing actual emissions, baseline actual emissions, and net emissions increase, as defined at Rule 62-

210.200, F.A.C., and for computing emissions for purposes of the reporting requirements of subsection 62-

210.370(3) and paragraph 62-212.300(1)(e), F.A.C., or of any permit condition that requires emissions be computed 

in accordance with this rule. This rule is not intended to establish methodologies for determining compliance with 

the emission limitations of any air permit. 

(2) Computation of Emissions. For any of the purposes set forth in subsection 62-210.370(1), F.A.C., the owner 

or operator of a facility shall compute emissions in accordance with the requirements set forth in this subsection. 

(a) Basic Approach. The owner or operator shall employ, on a pollutant-specific basis, the most accurate of the 

approaches set forth below to compute the emissions of a pollutant from an emissions unit; provided, however, that 

nothing in this rule shall be construed to require installation and operation of any continuous emissions monitoring 

system (CEMS), continuous parameter monitoring system (CPMS), or predictive emissions monitoring system 

(PEMS) not otherwise required by rule or permit, nor shall anything in this rule be construed to require performance 

of any stack testing not otherwise required by rule or permit. 

1. If the emissions unit is equipped with a CEMS meeting the requirements of paragraph 62-210.370(2)(b), 

F.A.C., the owner or operator shall use such CEMS to compute the emissions of the pollutant, unless the owner or 
368 

operator demonstrates to the department that an alternative approach is more accurate because the CEMS represents 

still-emerging technology. 

2. If a CEMS is not available or does not meet the requirements of paragraph 62-210.370(2)(b), F.A.C, but 

emissions of the pollutant can be computed pursuant to the mass balance methodology of paragraph 62-

210.370(2)(c), F.A.C., the owner or operator shall use such methodology, unless the owner or operator demonstrates 

to the department that an alternative approach is more accurate. 

3. If a CEMS is not available or does not meet the requirements of paragraph 62-210.370(2)(b), F.A.C., and 

emissions cannot be computed pursuant to the mass balance methodology, the owner or operator shall use an 

emission factor meeting the requirements of paragraph 62-210.370(2)(d), F.A.C., unless the owner or operator 

demonstrates to the department that an alternative approach is more accurate. 

(b) Continuous Emissions Monitoring System (CEMS). 

1. An owner or operator may use a CEMS to compute emissions of a pollutant for purposes of this rule 

provided: 

a. The CEMS complies with the applicable certification and quality assurance requirements of 40 CFR Part 60, 

Appendices B and F, or, for an acid rain unit, the certification and quality assurance requirements of 40 CFR Part 

75, all adopted by reference at Rule 62-204.800, F.A.C.; or 

b. The owner or operator demonstrates that the CEMS otherwise represents the most accurate means of 

computing emissions for purposes of this rule. 

2. Stack gas volumetric flow rates used with the CEMS to compute emissions shall be obtained by the most 

accurate of the following methods as demonstrated by the owner or operator: 

a. A calibrated flowmeter that records data on a continuous basis, if available; or 

b. The average flow rate of all valid stack tests conducted during a five-year period encompassing the period 

over which the emissions are being computed, provided all stack tests used shall represent the same operational and 

physical configuration of the unit. 

3. The owner or operator may use CEMS data in combination with an appropriate f-factor, heat input data, and 

any other necessary parameters to compute emissions if such method is demonstrated by the owner or operator to be 

more accurate than using a stack gas volumetric flow rate as set forth at subparagraph 62-210.370(2)(b)2., F.A.C., 

above. 

(c) Mass Balance Calculations. 

1. An owner or operator may use mass balance calculations to compute emissions of a pollutant for purposes of 

this rule provided the owner or operator: 

a. Demonstrates a means of validating the content of the pollutant that is contained in or created by all materials 

or fuels used in or at the emissions unit; and 

b. Assumes that the emissions unit emits all of the pollutant that is contained in or created by any material or 

fuel used in or at the emissions unit if it cannot otherwise be accounted for in the process or in the capture and 

destruction of the pollutant by the unit’s air pollution control equipment. 

2. Where the vendor of a raw material or fuel which is used in or at the emissions unit publishes a range of 

pollutant content from such material or fuel, the owner or operator shall use the highest value of the range to 

compute the emissions, unless the owner or operator demonstrates using site-specific data that another content 

within the range is more accurate. 

3. In the case of an emissions unit using coatings or solvents, the owner or operator shall document, through 

purchase receipts, records and sales receipts, the beginning and ending VOC inventories, the amount of VOC 

purchased during the computational period, and the amount of VOC disposed of in the liquid phase during such 

period. 

(d) Emission Factors. 

1. An owner or operator may use an emission factor to compute emissions of a pollutant for purposes of this 

rule provided the emission factor is based on site-specific data such as stack test data, where available, unless the 

owner or operator demonstrates to the department that an alternative emission factor is more accurate. An owner or 

operator using site-specific data to derive an emission factor, or set of factors, shall meet the following requirements. 

a. If stack test data are used, the emission factor shall be based on the average emissions per unit of input, 

output, or gas volume, whichever is appropriate, of all valid stack tests conducted during at least a five-year period 

encompassing the period over which the emissions are being computed, provided all stack tests used shall represent 

the same operational and physical configuration of the unit. 

b. Multiple emission factors shall be used as necessary to account for variations in emission rate associated with 

variations in the emissions unit’s operating rate or operating conditions during the period over which emissions are 

computed. 
369 

c. The owner or operator shall compute emissions by multiplying the appropriate emission factor by the 

appropriate input, output or gas volume value for the period over which the emissions are computed. The owner or 

operator shall not compute emissions by converting an emission factor to pounds per hour and then multiplying by 

hours of operation, unless the owner or operator demonstrates that such computation is the most accurate method 

available. 

2. If site-specific data are not available to derive an emission factor, the owner or operator may use a published 

emission factor directly applicable to the process for which emissions are computed. If no directly-applicable 

emission factor is available, the owner or operator may use a factor based on a similar, but different, process. 

(e) Accounting for Emissions During Periods of Missing Data from CEMS, PEMS, or CPMS. In computing the 

emissions of a pollutant, the owner or operator shall account for the emissions during periods of missing data from 

CEMS, PEMS, or CPMS using other site-specific data to generate a reasonable estimate of such emissions. 

(f) Accounting for Emissions During Periods of Startup and Shutdown. In computing the emissions of a 

pollutant, the owner or operator shall account for the emissions during periods of startup and shutdown of the 

emissions unit. 

(g) Fugitive Emissions. In computing the emissions of a pollutant from a facility or emissions unit, the owner 

or operator shall account for the fugitive emissions of the pollutant, to the extent quantifiable, associated with such 

facility or emissions unit. 

(h) Recordkeeping. The owner or operator shall retain a copy of all records used to compute emissions pursuant 

to this rule for a period of five years from the date on which such emissions information is submitted to the 

department for any regulatory purpose. 

(3) Annual Operating Report for Air Pollutant Emitting Facility. 

(a) The Annual Operating Report for Air Pollutant Emitting Facility (DEP Form No. 62-210.900(5)) shall be 

completed each year for the following facilities: 

1. All Title V sources. 

2. All synthetic non-Title V sources. 

3. All facilities with the potential to emit ten (10) tons per year or more of volatile organic compounds or 

twenty-five (25) tons per year or more of nitrogen oxides and located in an ozone nonattainment area or ozone air 

quality maintenance area. 

4. All facilities for which an annual operating report is required by rule or permit. 

(b) Notwithstanding paragraph 62-210.370(3)(a), F.A.C., no annual operating report shall be required for any 

facility operating under an air general permit. 

(c) The annual operating report shall be submitted to the appropriate Department of Environmental Protection 

(DEP) division, district or DEP-approved local air pollution control program office by April 1 of the following year, 

except that the annual operating report for year 2008 shall be submitted by May 1, 2009. If the report is submitted 

using the Department’s electronic annual operating report software, there is no requirement to submit a copy to any 

DEP or local air program office. 

(d) Emissions shall be computed in accordance with the provisions of subsection 62-210.370(2), F.A.C., for 

purposes of the annual operating report. 

(4) Facility Relocation. Unless otherwise provided by rule or more stringent permit condition, the owner or 

operator of a relocatable facility must submit a Facility Relocation Notification Form (DEP Form No. 62-

210.900(6)) to the Department at least thirty (30) days prior to the relocation. A separate form shall be submitted for 

each facility in the case of the relocation of multiple facilities which are jointly owned or operated. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-9-93, Formerly 17-

210.370, Amended 11-23-94, 3-21-96, 2-11-99, 6-21-01, 2-2-06, 7-3-08. 

62-210.550 Stack Height Policy. 

(1) General. The degree of emission limitation required of any emissions unit for control of any air pollutant on 

a continuous basis shall not be affected by so much of any emissions unit’s stack height that exceeds good 

engineering practice, as provided in subsection 62-210.550(3), F.A.C., or by any other dispersion technique, as 

provided in subsection 62-210.550(2), F.A.C. This provision shall not apply to those stacks in existence, or 

dispersion techniques implemented, on or before December 31, 1970, except where pollutants are being emitted 

from such stacks or using such dispersion techniques by emissions units, as defined in section 111(a)(3) of the Clean 

Air Act, which were constructed, or reconstructed, or for which modifications under Rules 62-212.400, 62-212.500, 

17-2.17 (repealed), 17-2.500 (transferred), or 17-2.510 (transferred), F.A.C., or 40 C.F.R. 52.21, were carried out 

after December 31, 1970. Also, this provision shall not restrict in any manner the actual stack height of any 

emissions unit. 
370 

(2) Dispersion Technique. 

(a) “Dispersion technique” means any technique which attempts to affect the concentration of a pollutant in the 

ambient air by: 

1. Using that portion of a stack which exceeds good engineering practice stack height; 

2. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of 

that pollutant; or 

3. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, 

stack parameters (other than stack height), or combining exhaust gases from several existing stacks into one stack; 

or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. 

(b) The preceding sentence does not include: 

1. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the 

gas to the temperature at which it was originally discharged from the facility generating the gas stream; 

2. The merging of exhaust gas streams where: 

a. The owner or operator demonstrates that the facility was originally designed and constructed with such 

merged gas streams; 

b. After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of 

pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion 

from the definition of “dispersion techniques” shall apply only to the emission limitation for the pollutant affected 

by such change in operation; or 

c. Before July 8, 1985, such merging was part of a change in operation at the facility that included the 

installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where 

there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to 

the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Department shall 

presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. 

Absent a demonstration by the owner or operator that merging was not significantly motivated by such intent, the 

Department shall deny credit for the effects of such merging in calculating the allowable emissions for the emissions 

unit; or 

3. Smoke management in agricultural or silvicultural prescribed burning programs; 

4. Episodic restrictions on residential woodburning and open burning; or 

5. Techniques under subparagraph 62-210.550(2)(a)3., F.A.C., which increase final exhaust gas plume rise 

where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. 

(3) Good Engineering Practice. 

(a) “Good engineering practice” (GEP) stack height means the greater of: 

1. 65 meters, measured from the ground-level elevation at the base of the stack; 

2. The stack height as determined below: 

a. For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable 

permits or approvals required under 40 C.F.R. Parts 51 and 52, Hg = 2.5H, provided the owner or operator produces 

evidence that this equation was actually relied on in establishing an emission limitation; 

b. For all other stacks, 

Hg = H + 1.5L, where 

Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack, 

H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack, 

L = lesser dimension, height or projected width, of nearby structure(s) provided that the EPA, Department, or 

local air program may require the use of a field study or fluid model to verify GEP stack height for the emissions 

unit; or 

3. The height demonstrated by a fluid model or a field study approved by the EPA, Department, or local air 

program which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant 

as a result of atmospheric downwash, wakes, or eddy effects created by the emissions unit itself, nearby structures, 

or nearby terrain features. If this height exceeds the height allowed by subparagraph 62-210.550(3)(a)1. or 2., 

F.A.C., the Department shall notify the public of the availability of the demonstration study and provide an 

opportunity for a public hearing on it. 

(b) “Nearby” as used in paragraph 62-210.500(3)(a), F.A.C., is defined for a specific structure or terrain feature 

and: 

1. For purposes of applying subparagraph 62-210.550(3)(a)2., F.A.C., means that distance up to five times the 

lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile), and 
371 

2. For conducting demonstrations under subparagraph 62-210.550(3)(a)3., F.A.C., means not greater than 0.8 

km (1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a 

distance of up to 10 times the maximum height (Ht) of the feature, not to exceed two miles if such feature achieves a 

height (ht) 0.8 km from the stack that is at least 40 percent of the GEP stack height determined by the formula 

provided in sub-subparagraph 62-210.550(3)(a)2.b., F.A.C., or 26 meters, whichever is greater, as measured from 

the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the 

ground-level elevation at the base of the stack. 

(c) “Excessive concentration” is defined for the purpose of determining good engineering practice stack height 

under subparagraph 62-210.550(3)(a)3., F.A.C., and means: 

1. For emissions units seeking credit for stack height exceeding that established under subparagraph 62-

210.550(3)(a)2., F.A.C., a maximum ground-level concentration due to emissions from a stack due in whole or part 

to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is 

at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or 

eddy effects and which contributes to a total concentration due to emissions from all emissions units that is greater 

than an ambient air quality standard. For emissions units subject to the prevention of significant deterioration 

program (40 C.F.R. 52.21 or Rule 62-212.400, F.A.C.), an excessive concentration alternatively means a maximum 

ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects 

produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the 

maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a 

prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations 

under this part shall be prescribed by the new source performance standard (40 C.F.R. 60) that is applicable to the 

source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such 

demonstrations are approved by the Department, an alternative emission rate shall be established in consultation 

with the owner or operator; 

2. For emissions units seeking credit after October 11, 1983, for increases in existing stack heights up to the 

heights established under subparagraph 62-210.550(3)(a)2., F.A.C., either: 

a. A maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects as 

provided in subparagraph 62-210.550(3)(c)1., F.A.C., except that the emission rate specified by the State 

Implementation Plan (or, in the absence of such a limit, the actual emission rate) shall be used; or 

b. The actual presence of a local nuisance caused by the existing stack, as determined by the Department; and 

3. For emissions units seeking credit after January 12, 1979, for a stack height determined under subparagraph 

62-210.550(3)(a)2., F.A.C., where the Department requires the use of a field study or fluid model to verify GEP 

stack height; for emissions units seeking stack height credit after November 9, 1984, based on the aerodynamic 

influence of cooling towers; and for emissions units seeking stack height credit after December 31, 1970, based on 

the aerodynamic influence of structures not adequately represented by the equations in subparagraph 62-

210.550(3)(a)2., F.A.C.: a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy 

effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such 

downwash, wakes, or eddy effects. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.270, 17-

210.550, Amended 11-23-94. 

62-210.650 Circumvention. 

No person shall circumvent any air pollution control device, or allow the emission of air pollutants without the 

applicable air pollution control device operating properly. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.240, 17-

210.650. 

62-210.700 Excess Emissions. 

(1) Excess emissions resulting from startup, shutdown or malfunction of any emissions unit shall be permitted 

providing (1) best operational practices to minimize emissions are adhered to and (2) the duration of excess 

emissions shall be minimized but in no case exceed two hours in any 24 hour period unless specifically authorized 

by the Department for longer duration. 

(2) Excess emissions from existing fossil fuel steam generators resulting from startup or shutdown shall be 

permitted provided that best operational practices to minimize emissions are adhered to and the duration of excess 

emissions shall be minimized. 
372 

(3) Excess emissions from existing fossil fuel steam generators resulting from boiler cleaning (soot blowing) 

and load change shall be permitted provided the duration of such excess emissions shall not exceed 3 hours in any 

24-hour period and visible emissions shall not exceed Number 3 of the Ringelmann Chart (60 percent opacity), and 

providing (1) best operational practices to minimize emissions are adhered to and (2) the duration of excess 

emissions shall be minimized. 

A load change occurs when the operational capacity of a unit is in the 10 percent to 100 percent capacity range, 

other than startup or shutdown, which exceeds 10 percent of the unit’s rated capacity and which occurs at a rate of 

0.5 percent per minute or more. 

Visible emissions above 60 percent opacity shall be allowed for not more than 4, six (6)-minute periods, during 

the 3-hour period of excess emissions allowed by this subparagraph, for boiler cleaning and load changes, at units 

which have installed and are operating, or have committed to install or operate, continuous opacity monitors. 

Particulate matter emissions shall not exceed an average of 0.3 lbs. per million BTU heat input during the 3-

hour period of excess emissions allowed by this subparagraph. 

(4) Excess emissions which are caused entirely or in part by poor maintenance, poor operation, or any other 

equipment or process failure which may reasonably be prevented during startup, shutdown, or malfunction shall be 

prohibited. 

(5) Considering operational variations in types of industrial equipment operations affected by this rule, the 

Department may adjust maximum and minimum factors to provide reasonable and practical regulatory controls 

consistent with the public interest. 

(6) In case of excess emissions resulting from malfunctions, each owner or operator shall notify the Department 

or the appropriate Local Program in accordance with Rule 62-4.130, F.A.C. A full written report on the 

malfunctions shall be submitted in a quarterly report, if requested by the Department. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-

2.250, 17-210.700, Amended 11-23-94. 

62-210.900 Forms and Instructions. 

The forms used by the Department in the stationary source control program are adopted and incorporated by 

reference in this section. The forms are listed by rule number, which is also the form number, with the subject, title 

and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, 

Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or by accessing 

the Division’s website at www.dep.state.fl.us/air. The requirement of subsection 62-4.050(2), F.A.C., to file 

application forms in quadruplicate is waived if an air permit application is submitted using the Department’s 

electronic application form. 

(1) Application for Air Permit – Long Form, Form and Instructions (DEP Form No. 62-210.900(1), Effective 3-

11-10). 

(a) Acid Rain Part Application, Form and Instructions (DEP Form No. 62-210.900(1)(a), Effective 3-16-08). 

1. Phase II NOX Averaging Plan, Form (DEP Form No. 62-210.900(1)(a)1., Effective 3-16-08). 

2. Acid Rain New Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(a)2., Effective 3-16-

08). 

3. Phase II NOX Compliance Plan, Form and Instructions (DEP Form No. 62-210.900(1)(a)3., Effective 3-11-

10). 

(b) Clean Air Interstate Rule (CAIR) Part, Form and Instructions (DEP Form No. 62-210.900(1)(b), Effective 3-

16-08). 

(c) Acid Rain and CAIR Retired Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(c), 

Effective 3-11-10). 

(2) Application for Title V Air Permit Renewal. (Reserved) 

(3) Application for Air Permit – Non-Title V Source, Form and Instructions (Effective 2-11-99). 

(4) Application for Non-Title V Air Permit Renewal, Form and Instructions (Effective 2-11-99). 

(5) Annual Operating Report for Air Pollutant Emitting Facility, Form and Instructions (DEP Form No. 62-

210.900(5), Effective 7-3-08). 

(6) Facility Relocation Notification Form (Effective 6-21-01). 

(7) Application for Transfer of Air Permit – Title V and Non-Title V Source (DEP Form No. 62-210.900(7), 

Effective 10-12-08). 

Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.087, 403.815 FS. History–New 2-9-93, Amended 7-20-94, 

Formerly 17-210.900, Amended 11-23-94, 7-6-95, 3-21-96, 1-6-98, 2-11-99, 4-16-01, 6-21-01, 6-16-03, 2-2-06, 3-16-08, 7-3-08, 

10-12-08, 3-11-10. 
373 

62-210.920 Registration Forms for Air General Permits. 

The registration forms for use of air general permits provided at Rule 62-210.310, F.A.C., are adopted and 

incorporated by reference in this section. The forms are listed by rule number, which is also the form number, with 

the subject, title and effective date. Copies of the forms may be obtained by writing to the Department of 

Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 

32399-2400. 

(1) Air General Permit Registration Forms for Facilities Claiming Conditional Exemption from Title V Air 

Permitting. 

(a) Bulk Gasoline Plant Air General Permit Registration Form (DEP Form No. 62-210.920(1)(a), Effective 5-9-

07). 

(b) Reciprocating Internal Combustion Engines Air General Permit Registration Form (DEP Form No. 62-

210.920(1)(b), Effective 1-10-07). 

(c) Surface Coating Operations Air General Permit Registration Form (DEP Form No. 62-210.920(1)(c), 

Effective 1-10-07). 

(d) Reinforced Polyester Resin Operations Air General Permit Registration Form (DEP Form No. 62-

210.920(1)(d), Effective 1-10-07). 

(e) Cast Polymer Operations Air General Permit Registration Form (DEP Form No. 62-210.920(1)(e), Effective 

1-10-07). 

(f) Printing Operations Air General Permit Registration Form (DEP Form No. 62-210.920(1)(f), Effective 1-10-

07). 

(2) Air General Permit Registration Forms for Miscellaneous Facilities. 

(a) Volume Reduction, Mercury Recovery or Mercury Reclamation Air General Permit Registration Form (DEP 

Form No. 62-210.920(2)(a), Effective 1-10-07). 

(b) Concrete Batching Plant Air General Permit Registration Form (DEP Form No. 62-210.920(2)(b), Effective 

1-10-07). 

(c) Human Crematory Air General Permit Registration Form (DEP Form No. 62-210.920(2)(c), Effective 1-10-

07). 

(d) Animal Crematory Air General Permit Registration Form (DEP Form No. 62-210.920(2)(d), Effective 1-10-

07). 

(e) Nonmetallic Mineral Processing Plant Air General Permit Registration Form (DEP Form No. 62-

210.920(2)(e), Effective 1-10-07). 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 10-16-95, Amended 

1-2-96, 3-21-96, 5-13-96, 8-15-96, 11-13-97, 5-25-98, 2-11-99, 6-21-01, 1-10-07, 5-9-07. 

 
374 

Rule Chapter 62-212, Effective 10/06/08 

CHAPTER 62-212 STATIONARY SOURCES - PRECONSTRUCTION REVIEW 

62-212.100 Purpose and Scope. (Effective 5/20/97) 

62-212.200 Definitions. (Repealed) 

62-212.300 General Preconstruction Review Requirements. (Effective 10/6/08) 

62-212.400 Prevention of Significant Deterioration (PSD). (Effective 10/6/08) 

62-212.410 Best Available Control Technology (BACT). (Repealed) 

62-212.500 Preconstruction Review for Nonattainment Areas. (Effective 2/2/06) 

62-212.510 Lowest Achievable Emission Rate (LAER). (Repealed) 

62-212.600 Sulfur Storage and Handling Facilities. (Effective 8/17/00) 

62-212.700 Emissions Unit Reclassification. (Repealed) 

62-212.710 Air Emissions Bubble. (Effective 5/20/97) 

62-212.720 Actuals Plantwide Applicability Limits (PALs). (Effective 10/6/08) 

62-212.100 Purpose and Scope.The Department of Environmental Protection adopts this chapter to establish 

the preconstruction review requirements for proposed new emissions units or facilities, and proposed modifications. 

The requirements of this chapter apply to those proposed activities for which an air construction permit is required 

pursuant to Chapter 62-210, F.A.C. This chapter includes general preconstruction review requirements and specific 

requirements for emissions units subject to prevention of significant deterioration (PSD) and nonattainment-area 

preconstruction review. It also includes preconstruction review requirements applicable to specific emissions unit 

types and provisions for authorizing the creation of or change to any air emissions bubble. Words and phrases used 

in this chapter, unless clearly indicated otherwise, are defined at Rule 62-210.200, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.0875 FS. History–New 2-2-93, 

Formerly 17-212.100, Amended 11-23-94, 3-13-96, 5-20-97. 

62-212.300 General Preconstruction Review Requirements. 

This rule shall apply to the proposed construction or modification of all emissions units and 

facilities for which an air construction permit is required pursuant to subsection 62-210.300(1), 

F.A.C. 

(1) General Prohibitions. 

(a) The owner or operator of any emissions unit or facility shall not undertake any activity 

listed at paragraph 62-210.300(1)(a), FA.C., without first obtaining an air construction permit 

from the Department. 

(b) Except as provided in Rule 62-212.500, F.A.C., the Department shall not permit the 

construction or modification of any emissions unit or facility that would cause or contribute to a 

violation of any ambient air quality standard. The Department shall not permit the construction 

or modification of any emissions unit which would be located in a nonattainment area or area of 

influence if the proposed construction or modification would interfere with reasonable further 

progress toward attaining the ambient air quality standards. 

(c) The Department shall not permit the construction or modification of any emissions unit or 

facility that would cause or contribute to an ambient concentration at any point within a baseline 

area that exceeds either the appropriate baseline concentration for the point plus the appropriate 

maximum allowable increase or the appropriate ambient air quality standard, whichever is less. 

(d) The Department shall not establish, renew, or change any plantwide applicability limits at 

any existing major stationary source except through the air construction permit process and the 
375 

public participation process required at Rule 62-212.720, F.A.C. 

(e) If the Department issues any construction permit which avoids the requirements of 

subsections 62-212.400(4) through (12), F.A.C., based in whole or in part on projected actual 

emissions calculations, the permit shall contain the following monitoring, reporting and 

recordkeeping provisions: 

1. The permittee shall monitor the emissions of any PSD pollutant that the Department 

identifies could increase as a result of the construction or modification and that is emitted by any 

emissions unit that could be affected; and, using the most reliable information available, 

calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, 

for a period of 5 years following resumption of regular operations after the change, or for a 

period of 10 years following resumption of regular operations if the change increases the design 

capacity of that emissions unit or its potential to emit that PSD pollutant. Emissions shall be 

computed in accordance with Rule 62-210.370, F.A.C. 

2. The permittee shall report to the Department within 60 days after the end of each year 

during which records must be generated under subparagraph 62-212.300(1)(e)1., F.A.C., setting 

out the unit's annual emissions during the calendar year that preceded submission of the report. 

The report shall contain the following: 

a. The name, address and telephone number of the owner or operator of the major stationary 

source; 

b. The annual emissions as calculated pursuant to subparagraph 62-212.300(1)(e)1., F.A.C.; 

c. If the emissions differ from the preconstruction projection, an explanation as to why there 

is a difference; and 

d. Any other information that the owner or operator wishes to include in the report. 

3. The information required to be documented and maintained pursuant to subparagraphs 62-

212.300(1)(e)1. and 2., F.A.C., shall be submitted to the Department, which shall make it 

available for review to the general public. 

(2) Applicability. The requirements of subparagraph 62-204.800(11)(d)2. and Rules 62-

212.400, 62-212.500, and 62-212.600, F.A.C., shall apply in addition to any other 

preconstruction review requirements under Rule 62-212.300, F.A.C. 

(3) Permitting Requirements. 

(a) Each applicant for an air construction permit for an emissions unit subject to this rule 

shall provide the Department, at a minimum, the following information: 

1. The nature and amounts of emissions from the emissions unit, including baseline actual 

emissions and projected actual emissions when used to determine PSD applicability pursuant to 

subsection 62-212.400(2), F.A.C., and when used to establish a PAL pursuant to Rule 62-

212.720, F.A.C. 

2. The location, design, construction, and operation of the emissions unit to the extent 

necessary to allow the Department to determine whether construction or modification of the 

emissions unit would result in violations of any applicable provisions of Chapter 403, Florida 

Statutes, or Department air pollution rules, or whether the construction or modification would 

interfere with the attainment and maintenance of any state or national ambient air quality 

standard. 

(b) Each applicant for an air construction permit for an emissions unit subject to 

subparagraph 62-204.800(11)(d)2., F.A.C., shall provide the Department with the information 

required by 40 C.F.R. 63.43(e), adopted by reference in Rule 62-204.800, F.A.C. 

(c) The Department shall include conditions in each permit issued to insure that the 
376 

provisions of this rule are not violated. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.520, 17-212.300, 

Amended 11-23-94, 1-1-96, 10-28-97, 2-2-06, 10-6-08. 

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) General Provisions. 

(a) No person shall construct any new major stationary source or undertake any major modification except in 

compliance with the provisions of Rule 62-212.400, F.A.C. 

(b) The Department shall include conditions in each permit issued to insure that the provisions of this rule are 

not violated. 

(c) For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40 CFR 52.21 

cited herein, shall mean “Department.” 

(2) Applicability. 

(a) The requirements of subsections 62-212.400(4) through (12), F.A.C., apply to the construction of any new 

major stationary source or the major modification of any existing major stationary source. The Department shall 

determine whether a major modification will occur for each PSD pollutant as follows: 

1. Baseline Actual-to-Projected Actual Applicability Test for Modifications at Existing Emissions Units. A 

significant emissions increase of a PSD pollutant will occur if the difference, or the sum of the differences if more 

than one emissions unit is involved, between the projected actual emissions and the baseline actual emissions equals 

or exceeds the significant emissions rate for that pollutant. If a combination of new and existing emissions units is 

involved, then the major modification shall be determined by the hybrid test for multiple types of emissions units 

pursuant to subparagraph 62-212.400(2)(a)3., F.A.C. 

2. Baseline Actual-to-Potential Applicability Test for Construction of New Emissions Units. A significant 

emissions increase of a PSD pollutant will occur if the difference, or the sum of the differences if more than one 

emissions unit is involved, between the potential to emit from each new emissions unit following completion of the 

construction and the baseline actual emissions of these units before the construction equals or exceeds the significant 

emissions rate for that pollutant. If a combination of new and existing emissions units is involved, then the major 

modification shall be determined by the hybrid test for multiple types of emissions units pursuant to subparagraph 

62-212.400(2)(a)3., F.A.C. 

3. Hybrid Test for Multiple Types of Emissions Units. A significant emissions increase of a PSD pollutant will 

occur if the sum of the emissions increases for all emissions units, using the method specified above for each type of 

emissions unit equals or exceeds the significant emissions rate for that pollutant. 

(b) Any owner or operator of any existing major stationary source seeking to establish or change a plantwide 

applicability limitation (PAL) for a PSD pollutant shall comply with the requirements under Rule 62-212.720, 

F.A.C. 

(3) Exemptions. 

(a) 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 nonprofit health or nonprofit educational 

institution, or a major modification would occur at such an institution. 

(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. Coal cleaning plants (with thermal dryers); 

2. Kraft pulp mills; 
377 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Carbon black plants (furnace process); 

16. Primary lead smelters; 

17. Fuel conversion plants; 

18. Sintering plants; 

19. Secondary metal production plants; 

20. Chemical process plants; 

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour 

heat input; 

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; 

27. Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 

112 of the Act. 

(c) The requirements of subsections 62-212.400(5), (7), and (8), F.A.C., shall not apply to a major stationary 

source or major modification with respect to a particular pollutant, if the applicant demonstrates that the allowable 

emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification: 

1. Would impact no Class I area and no area where an applicable increment is known to be violated, and 

2. Would not exceed two years in duration. 

(d) The requirements of subsections 62-212.400(5), (7), and (8), F.A.C., as they relate to any maximum 

allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in 

existence on March 1, 1978, if the net increase in allowable emissions of each PSD pollutant from the modification 

after the application of best available control technology would be less than 50 tons per year. 

(e) The requirements of subsection 62-212.400(7), F.A.C., as they relate to monitoring for a particular pollutant 

shall not apply if: 

1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant 

from the modification would cause, in any area, air quality impacts less than the amounts listed at 40 CFR 52.21 

(i)(5), adopted by reference at Rule 62-204.800, F.A.C., specifically the following amounts: 

a. Carbon monoxide – 575 g/m3

, 8-hour average; 

b. Nitrogen dioxide – 14 g/m3, annual average; 

c. Particulate matter – 10 g/m3

 of PM-10, 24-hour average; 

d. Sulfur dioxide – 13 g/m3

, 24-hour average; 

e. Ozone – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per 

year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an 

ambient impact analysis including the gathering of ambient air quality data; 

f. Lead – 0.1 g/m3

, 3-month average; 
378 

g. Fluorides – 0.25 g/m3, 24-hour average; 

h. Total reduced sulfur – 10 g/m3

, 1-hour average; 

i. Hydrogen sulfide – 0.2 g/m3

, 1-hour average; 

j. Reduced sulfur compounds – 10 g/m3, 1-hour average; and 

k. Any concentration previously listed at the table at Rule 62-212.400-3, F.A.C.; specifically, Mercury – 0.25 

g/m3

, 24-hour average; or 

2. The concentrations of the pollutant in the area that the source or modification would affect are less than the 

concentrations listed in subparagraph 62-212.400(3)(e)1., F.A.C., above, or the pollutant is not listed above. 

(4) Source Information. The owner or operator of a proposed source or modification shall submit all 

information necessary to perform any analysis or make any determination required under this section. Such 

information shall include: 

(a) A description of the nature, location, design capacity, and typical operating schedule of the source or 

modification, including specifications and drawings showing its design and plant layout; 

(b) A detailed schedule for construction of the source or modification; 

(c) A detailed description as to what system of continuous emission reduction is planned for the source or 

modification, emission estimates, and any other information necessary to determine best available control 

technology (BACT) including a proposed BACT; 

(d) The air quality impact of the source or modification, including meteorological and topographical data 

necessary to estimate such impact and an analysis of “good engineering practice” stack height; and 

(e) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, 

and other growth which has occurred since August 7, 1977, in the area the source or modification would affect. 

(5) Source Impact Analysis. The owner or operator of the proposed source or modification shall demonstrate 

that allowable emission increases from the proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in 

violation of: 

(a) Any ambient air quality standard in any air quality control region; or 

(b) Any applicable maximum allowable increase over the baseline concentration in any area. 

(6) Air Quality Models. Air quality models shall meet the requirements provided in 40 CFR 52.21(l), adopted 

by reference in Rule 62-204.800, F.A.C. 

(7) Air Quality Analysis. The owner or operator of a major stationary source or major modification shall 

provide any required monitoring and analysis as required in 40 CFR 52.21(m), adopted by reference in Rule 62-

204.800, F.A.C. 

(8) Additional Impact Analyses. 

(a) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that 

would occur as a result of the source or modification and general commercial, residential, industrial and other 

growth associated with the source or modification. The owner or operator need not provide an analysis of the impact 

on vegetation having no significant commercial or recreational value. 

(b) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of 

general commercial, residential, industrial and other growth associated with the source or modification. 

(c) Visibility Monitoring. The owner or operator shall provide visibility monitoring as required in 40 CFR 

52.21(o)(3), adopted by reference in Rule 62-204.800, F.A.C. 

(9) Sources Impacting Federal Class I Areas. Sources impacting Federal Class I areas are subject to the 

additional requirements provided in 40 CFR 52.21(p), adopted by reference in Rule 62-204.800, F.A.C. 

(10) Control Technology Review. The Department shall not issue any permit unless it determines that: 

(a) The owner or operator of a major stationary source or major modification shall meet each applicable 

emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of 

performance under 40 CFR Parts 60, 61, and 63. 

(b) The owner or operator of a new major stationary source shall apply best available control technology for 

each PSD pollutant that the source would have the potential to emit in significant amounts. 
379 

(c) The owner or operator of a major modification shall apply best available control technology for each PSD 

pollutant which would result in a significant net emissions increase at the source. (This requirement applies to each 

proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical 

change or change in the method of operation in the unit.) 

(d) The owner or operator of a phased construction project shall adhere to the procedures provided in 40 CFR 

52.21(j)(4), adopted by reference in Rule 62-204.800, F.A.C. 

(11) Public Participation. No permit shall be issued until the applicant and Department have complied with all 

applicable public notice and participation provisions of Rules 62-210.350 and 62-110.106, F.A.C. 

(12) Source Obligation. 

(a) Authorization to construct shall expire if construction is not commenced within 18 months after receipt of 

the permit, if construction is discontinued for a period of 18 months or more, or if construction is not completed 

within a reasonable time. This provision does not apply to the time period between construction of the approved 

phases of a phased construction project except that each phase must commence construction within 18 months of the 

commencement date established by the Department in the permit. 

(b) At such time that a particular source or modification becomes a major stationary source or major 

modification (as these terms were defined at the time the source obtained the enforceable limitation) solely by virtue 

of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the 

source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the 

requirements of subsections 62-212.400(4) through (12), F.A.C., shall apply to the source or modification as though 

construction had not yet commenced on the source or modification. 

(c) At such time that a particular source or modification becomes a major stationary source or major 

modification (as these terms were defined at the time the source obtained the enforceable limitation) solely by 

exceeding its projected actual emissions, then the requirements of subsections 62-212.400(4) through (12), F.A.C., 

shall apply to the source or modification as though construction had not yet commenced on the source or 

modification. 

(13) Innovative Control Technology. The Department shall allow use of innovative control technology only as 

provided in 40 CFR 52.21(v), incorporated by reference at Rule 62-204.800, F.A.C. 

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. 

62-212.500 Preconstruction Review for Nonattainment Areas. 

(1) General Prohibitions. 

(a) Except as provided in this rule, the Department shall not permit the construction or modification of any 

emissions unit or facility that would cause or contribute to a violation of any ambient air quality standard. The 

Department shall ensure that the combined impact of new emissions, emissions offsets, temporary emissions and 

existing emissions within any nonattainment area or area of influence shall not interfere with reasonable further 

progress (RFP) toward attainment of ambient air quality standards. 

(b) In an area designated nonattainment pursuant to subsection 62-204.340(2), F.A.C., without an approved 

State Implementation Plan (SIP) which defines RFP, the Department shall require sufficient emissions offsets to 

provide a significant net air quality improvement in the affected area pursuant to subparagraph 62-212.500(4)(d)2., 

F.A.C. 

(c) The Department shall include conditions in each permit issued to insure that the provisions of this rule are 

not violated. 

(2) Applicability. 

(a) Project Exemptions. 

1. Pollution Control Project Exemption. A pollution control project that is being added, replaced, or used at an 

existing electric utility steam generating unit and that meets the requirements of 40 CFR 52.24(f)(5)(iii)(h) shall not 

be subject to the preconstruction review requirements of this rule. 

2. Temporary Clean Coal Technology Demonstration Project Exemption. The installation, operation, cessation, 
380 

or removal of a temporary clean coal technology demonstration that meets the requirements of 40 CFR 

52.24(f)(5)(iii)(i) shall not be subject to the preconstruction review requirements of this rule. 

(b) Fugitive Emissions Exemption. A proposed new facility or modification shall not be subject to the 

requirements of subsection 62-212.500(4), F.A.C., if: 

1. The affected facility would not belong to any of the facility categories listed in the definition of “Major 

Stationary Source” in Rule 62-210.200, F.A.C., or any other facility category which, as of August 7, 1980, is being 

regulated under 40 C.F.R. 60 or 40 C.F.R. 61; and 

2. The facility or modification would be subject to the provisions of subsection 62-212.500(4), F.A.C., only if 

fugitive emissions, to the extent quantifiable, are considered in determining whether the affected facility would be 

subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subparagraph 62-212.500(2)(d)2., F.A.C., 

if it is or were itself a proposed new facility. 

(c) Alternative Fuel or Raw Material Exemption. A modification that is to occur for any of the following 

reasons shall not be subject to the provisions of subsection 62-212.500(4), F.A.C.: 

1. Use of an alternative fuel or raw material by reason of any order under Sections 2(a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974, or the Power Plant and Industrial Fuel Use Act of 1978, or by 

reason of a natural gas curtailment plan pursuant to the Federal Power Act; or 

2. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act; or 

3. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal 

solid waste; or 

4. Use of an alternative fuel or raw material which the facility was capable of accommodating before December 

21, 1976 unless such change would be prohibited under any federally enforceable permit condition which was 

established after December 21, 1976; or 

5. Use of an alternative fuel or raw material which the facility is approved to use under any permit issued under 

Rule 17-2.510 (transferred), 17-2.17 (repealed), or 62-212.500, F.A.C. 

(d) New and Modified Facilities. 

1. New Minor Facilities. A proposed new minor facility shall not be subject to the provisions of subsection 62-

212.500(4), F.A.C. 

2. New Major Facilities. Unless exempted under paragraph 62-212.500(2)(a) or (b), F.A.C., a proposed new 

major facility shall be subject to the provisions of subsection 62-212.500(4), F.A.C., if: 

a. For the affected pollutant, except lead, the sum of the quantifiable fugitive emissions and the potential 

emissions of all emissions units at the facility which have the same “Major Group” Standard Industrial 

Classification (SIC) Code would be equal to or greater than 100 tons per year; or 

b. For lead or lead compounds, measured as elemental lead, the sum of the quantifiable fugitive emissions and 

the potential emissions of all emissions units at the facility which have the same “Major Group” Standard Industrial 

Classification (SIC) Code would be equal to or greater than 5 tons per year. 

3. Modifications to Minor Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a 

proposed modification to a minor facility shall be subject to the provisions of Rule 62-212.500(4), F.A.C., only if 

the modification would be a physical change which in and of itself would constitute a new major facility subject to 

the provisions of subsection 62-212.500(4), F.A.C., pursuant to subparagraph 62-212.500(2)(d)2., F.A.C. 

4. Modifications to Major Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a 

proposed modification to a major facility shall be subject to the provisions of: 

a. Subsection 62-212.500(4), F.A.C., if the facility to be modified would be subject to those provisions pursuant 

to Rule 62-212.500(2)(d)2., F.A.C., if it were itself a proposed new facility and the modification would result in a 

significant net emissions increase (as set forth in subparagraph 62-212.500(2)(e)2., F.A.C.) of the affected pollutant; 

or 

b. Subparagraph 62-212.500(2)(d)3., F.A.C., if the facility to be modified would not be subject to the provisions 

of subsection 62-212.500(4), F.A.C., pursuant to subparagraph 62-212.500(2)(d)2., F.A.C., if it were itself a 

proposed new facility. 

5. Relaxations of Restrictions on Pollutant Emitting Capacity. If a previously permitted facility or modification 
381 

becomes a facility or modification which would be subject to the provisions of subsection 62-212.500(4), F.A.C., if 

it were a proposed new facility or modification, solely by virtue of a relaxation in any federally enforceable 

limitation on the capacity of the facility or modification to emit a pollutant (such as a restriction on hours of 

operation), which limitation was established after August 7, 1980, then at the time of such relaxation, the provisions 

of subsection 62-212.500(4), F.A.C., shall apply to the facility or modification as though construction had not yet 

commenced on it. 

(e) Emissions Changes. 

1. Net Emissions Increase. A modification to a facility results in a net emissions increase when, for the affected 

pollutant, the sum of all the contemporaneous, creditable increases and decreases in the actual emissions of the 

facility, including the increase in emissions of the modification itself, and any increases or decreases in quantifiable 

fugitive emissions, is greater than zero. 

2. Significant Net Emissions Increase. A significant net emissions increase of the affected pollutant is a net 

emissions increase equal to or greater than the applicable significant emissions rate. 

3. Contemporaneous Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable 

fugitive emissions, of a facility is contemporaneous with a particular modification if it occurs within the period 

beginning five years prior to the date on which the owner or operator of the facility submits a complete application 

for a permit to modify the facility, and ending on the date on which the owner or operator of the modified facility 

projects the new or modified facility to begin operation. The date on which any increase in the actual emissions, or 

in the quantifiable fugitive emissions, of the facility occurs is the date on which the owner or operator of the facility 

begins, or projects to begin, operation of the emissions unit(s) resulting in the increase. The date on which any 

decrease in the actual emissions, or in the quantifiable fugitive emissions, of the facility occurs is the date on which 

the owner or operator of the facility completes, or is committed to complete through a federally enforceable permit 

condition, a physical change in or change in the method of operation of the facility resulting in the decrease. 

4. Creditable Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable fugitive 

emissions, of a facility is creditable if the Department has not relied on it in demonstrating attainment, defining 

reasonable further progress, or issuing a permit under the provisions of this rule, which permit is in effect when the 

increase in emissions of the modification occurs. In addition, a decrease in the actual emissions, or in the 

quantifiable fugitive emissions, of a facility is creditable only if: 

a. The old level of actual emissions, the old level of federally enforceable allowance emissions, or the old level 

of allowable emissions under Rule 62-296.500 through 62-296.516, 62-296.570, 62-296.600 through 62-296.605, or 

62-296.700 through 62-296.712, F.A.C., whichever is lower, exceeds the new level of actual emissions; 

b. It is federally enforceable on and after the date that the owner or operator obtains from the Department a 

permit for the modification; and 

c. It has approximately the same qualitative significance for public health and welfare as that attributed to the 

increase in emissions of the modification. 

(f) Pollutants Subject to Nonattainment-Area Preconstruction Review. Except for the statewide compliance 

provisions of paragraph 62-212.500(4)(c), F.A.C., the provisions of this rule apply only to the emissions of the 

affected pollutant. For ozone nonattainment areas classified as marginal or higher, the provisions of Rule 62-

212.500, F.A.C., apply individually to the emissions of both volatile organic compounds (VOC) and nitrogen oxides 

(NOx). 

1. Nonattainment Areas. The provisions of this rule apply to all new or modified emissions units or facilities 

which are located in or are proposed to be located in any nonattainment area, and which emit or may emit the 

affected air pollutant, unless specifically exempted by a provision of this rule. 

2. Areas of Influence of Nonattainment Areas. The provisions of this rule apply to any new or modified 

emissions unit or facility which is located in or is proposed to be located in the area of influence of any 

nonattainment area, and which emits or may emit the affected air pollutant, as though it were physically located in 

the nonattainment area, except as provided under sub-subparagraph 62-212.500(2)(a)2.a. or b., below. 

a. All VOC and NOx emissions units which are located within the area of influence of an ozone nonattainment 

area are exempt from the provisions of Rule 62-212.500, F.A.C., and shall be permitted in accordance with Rule 62-
382 

212.400, or 62-212.300, F.A.C. 

b. All other new or modified emissions units or facilities located in or proposed to be located in an area of 

influence which would be subject to the provisions of Rule 62-212.500, F.A.C., if they were to be located within the 

nonattainment area, shall be subject to those provisions unless the owner or operator demonstrates to the Department 

that the maximum allowable emissions or the significant net increase in emissions of the proposed new or modified 

facility (not taking into account any emission offsets) will not have a significant impact within the nonattainment 

area. 

(3) Limited Exemptions and Special Provisions. 

(a) Temporary Emissions. A proposed temporary new or modified emissions unit or facility subject to the 

provisions of subsection 62-212.500(4), F.A.C., shall be exempt from the requirements of paragraphs 62-

212.500(4)(c) and .500(4)(d), F.A.C., provided that: 

1. Total operating time of the emissions unit or facility shall not exceed two years; and 

2. The owner or operator has provided the Department with reasonable assurance that the emissions will not 

interfere with attainment of ambient air quality standards. 

(b) Relocatable Facilities. A relocatable facility may be permitted in accordance with paragraph 62-

212.500(3)(a), F.A.C., and be permitted to relocate within the nonattainment area or area of influence by amendment 

to the facility’s operating permit provided that: 

1. The owner or operator obtains an amendment to the operating permit prior to moving to the new location, 

identifying the new location and duration of operation at the new location; and 

2. The federally enforceable allowable emissions would not be increased at the new location. 

(c) Resource Recovery Projects. A resource recovery facility which processes municipal solid waste for the 

purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse, and which 

utilizes solid waste to provide more than 50 percent of the heat input needed to operate the facility shall be exempt 

from the provisions of subparagraph 62-212.500(8)(d)1., F.A.C., provided that: 

1. The applicant demonstrates to the Department that the applicant has made its best effort to obtain the full 

emission offsets required and such efforts were unsuccessful; and 

2. The applicant commits to continuing to seek the required emission offsets and to apply them when they 

become available; and 

3. The applicant has secured all available offsets. 

(d) Voluntary Fuel Conversions. (Reserved) 

(e) (Reserved) 

(f) Open Burning. Open burning in or near a nonattainment area shall be permitted in accordance with the 

provisions of Rule 62-256, F.A.C., Open Burning and Frost Protection Fires. 

(4) Preconstruction Review Requirements. Except as provided in subsections 62-212.500(1) through (3), 

F.A.C., the Department shall not issue a permit to construct a new facility or to make a modification to a facility in a 

nonattainment area or an area of influence unless the following requirements have been met: 

(a) LAER Requirement. The owner or operator of the proposed new or modified facility may limit the 

emissions of the affected air pollutant from the facility or modification through the application and employment of 

LAER. The procedure for determining LAER is set forth in subsection 62-212.500(7), F.A.C. 

(b) Statewide Compliance Requirement for Multiple Facility Ownership. The owner or operator of the proposed 

new or modified facility shall demonstrate to the Department that all major facilities owned or operated by such 

person(s) or by any entity controlling, controlled by, or under common control with such person within the State of 

Florida have all required air permits and are in compliance with all applicable emission limitations or other permit 

conditions, or are on a schedule approved by the Department for compliance with such requirements. 

(c) Emissions Offset Requirements. The Department shall not issue any permit to construct any new facility or 

to make any modification to a facility unless sufficient, creditable emission offsets are obtained in accordance with 

subsection 62-212.500(5), F.A.C. 

(d) Net Air Quality Improvement Requirement. 

1. Nonattainment Areas with Approved SIP. 
383 

a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from 

the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 

1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC 

offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and 

NOx offsets are not required. 

b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered 

to be consistent with the achievement of reasonable further progress. 

c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, 

carbon monoxide, or lead would equal or exceed the increase of emissions from the proposed new facility or 

modification and would provide a net air quality improvement in accordance with paragraph 62-212.500(6)(a), 

F.A.C. 

2. Nonattainment Areas without Approved SIP. 

a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from 

the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 

1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC 

offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and 

NOx offsets are not required. 

b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered 

to be consistent with the achievement of reasonable further progress. 

c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, 

carbon monoxide, or lead would exceed the increase of emissions from the new facility or modification and would 

provide a significant net air quality improvement in accordance with paragraph 62-212.500(6)(b), F.A.C. 

(e) Visibility Protection for Class I Areas. 

1. Visibility Analysis and Monitoring. If the proposed new or modified facility would be subject to the 

preconstruction review requirements of Rule 62-212.400, F.A.C., for the affected pollutant but for the designation of 

the location of the facility as a nonattainment area, the following provisions apply: 

a. The owner or operator of the proposed new or modified facility shall provide the Department with an analysis 

of the impairment to visibility, if any, which would occur in any Federal Class I area within 100 kilometers of the 

facility or modification, with the exception of the Bradwell Bay National Wilderness Area, as a result of emissions 

from the facility or modification. (Federal Class I areas are designated in paragraph 62-204.360(4)(b), F.A.C.) 

b. The analysis required under sub-subparagraph 62-212.500(4)(e)1.a., F.A.C., shall be carried out using EPAapproved methods, if available. 

c. The Department may require the owner or operator of a proposed facility or modification subject to the 

provisions of sub-subparagraph 62-212.500(4)(e)1.a., F.A.C., to include as part of the required analysis such 

visibility monitoring data as are available from Federal or State visibility monitoring programs in the affected Class 

I area. If such data are not available or are demonstrated to be inadequate for a visibility analysis, the Department 

may require the applicant to collect up to one year of preconstruction visibility monitoring data and such 

postconstruction visibility monitoring data as are necessary to analyze the effect that emissions from the facility or 

modification may have, or are having, on visibility in the affected Class I area. 

2. Federal Land Manager Participation. 

a. The Federal Land Manager of any lands contained in a Class I area which may be affected by emissions from 

the proposed facility or modification, with the exception of the Bradwell Bay National Wilderness Area, may 

demonstrate to the Department that the emissions from the proposed facility or modification would have an adverse 

impact on visibility in the Federal Class I area. 

b. If this demonstration is received by the Department within thirty (30) days after the Department has mailed or 

transmitted to the Federal Land Manager a complete application pursuant to paragraph 62-210.350(2)(b), F.A.C., it 

shall be considered in the Department’s preliminary determination and proposed agency action on the permit 

application. If this demonstration is received within the public comment period on the Department’s proposed 

agency action, it shall be considered in the Department’s final determination and final agency action on the permit 
384 

application. 

c. If the Department finds that the Federal Land Manager’s analysis does not demonstrate to the Department’s 

satisfaction that an adverse impact on visibility would occur in the Class I area, a written explanation of the reasons 

for such finding shall be included in the Department’s preliminary or final determination as provided in subsubparagraph 62-212.500(4)(e)2.b., F.A.C. In making the decision to issue or deny the permit, the Department may 

take into account the Federal Land Manager’s demonstration, the costs of compliance, the time necessary for 

compliance, the energy and non-air quality environmental impacts of compliance and the useful life of the emissions 

unit. The Department shall not issue permits over the Federal Land Manager’s demonstration of adverse impact to 

those emissions units whose emissions will be consistent with making reasonable progress toward the national goal 

of preventing any future, and remedying any existing, impairment of visibility in visibility protection areas, which 

impairment results from manmade air pollution. 

(f) Stack Height Policy Requirement. The owner or operator of the proposed new or modified facility shall 

provide to the Department a good-engineering-practice stack height, or other dispersion techniques, analysis to 

demonstrate compliance with Rule 62-212.550, F.A.C. 

(g) Alternative Analysis Requirement. The owner or operator of the proposed new or modified facility shall 

provide an analysis of alternative sites, sizes, production processes, and environmental control techniques. The 

owner or operator shall demonstrate to the Department that the benefits of the proposed new or modified facility 

outweigh the environmental and social costs imposed as a result of its location, construction, or modification. 

(5) Emission Offsets. 

(a) Emission Offsets Required. If a proposed new facility or modification is subject to the requirements of 

subsection 62-212.500(4), F.A.C., the owner or operator of such facility shall obtain sufficient, creditable emission 

offsets. Emission offsets shall be considered sufficient if they provide for a net air quality improvement in 

accordance with paragraph 62-212.500(4)(d), F.A.C. The creditability of emission offsets is determined by applying 

the criteria set forth below in pargraph 62-212.500(5)(b), F.A.C. 

(b) Creditable Emission Offsets. 

1. Emissions of an air pollutant shall only be offset by emissions of the same air pollutant. 

2. An emissions offset shall be computed on a mass emission basis and shall not exceed the base emission limit 

of the emissions unit providing the offset. 

3. An emission offset may be obtained by the curtailment of production or operation hours of an offsetting 

emissions unit provided such curtailment is included as an enforceable provision in the operating permit that is 

issued to the offsetting emissions unit. 

4. Emission offsets for PM10 , sulfur dioxide, carbon monoxide, or lead shall be provided only by emissions 

units located within the nonattainment area or area of influence within which the proposed new or modified 

emissions unit would be located. 

5. Emission offsets for VOC or NOx shall be provided by emissions units located within the ozone 

nonattainment area in which the proposed new or modified emissions unit would be located or within another ozone 

nonattainment area provided: 

a. The other area has an equal or higher nonattainment classification than the area in which the proposed new or 

modified emissions unit would be located; and 

b. Emissions from such other area contribute to violations of the ozone ambient air quality standard in the 

nonattainment area in which the proposed new or modified emissions unit would be located. 

6. For an existing fuel combustion emissions unit, credit shall be based on the emissions for the type of fuel 

being burned at the time the application to construct is filed for the emissions unit to which an emission offset will 

be provided. If the existing emissions unit commits to switch to a cleaner fuel to provide the offset, emission offset 

credit based on the difference in actual emissions for the fuels involved shall not be creditable unless the existing 

emissions unit’s permit is conditioned to require the use of a specified alternative control measure which would 

achieve the same degree of emissions reduction should the emissions unit switch back to a dirtier fuel at some later 

date. 

7. Emissions reductions achieved by shutting down an existing emissions unit or permanently curtailing 
385 

production or operating hours below base emission limit levels may be creditable for offsets. Curtailments in 

production or operating hours occurring prior to the date the new emissions unit application is filed may be used for 

emission offset credit where an applicant can establish that the emissions unit shut down or curtailed production 

after December 31, 1990, and the proposed new emissions unit is a replacement for the shutdown or curtailment. 

8. All emission reductions providing offset credit shall be federally enforceable. 

9. An emission offset shall be creditable only to the extent that the Department has not relied on it in issuing any 

permit under Rule 17-2.510 (transferred), 17-2.520 (transferred), 17-2.17 (repealed), 62-212.300, 62-212.400, or 62-

212.500, F.A.C., or in demonstrating attainment or reasonable further progress. 

(c) Base Emission Limit Adjustments. Any emissions unit which has its permit modified to provide offsets to 

another emissions unit or facility shall have its base emission limit reduced accordingly. 

(6) Net Air Quality Improvement. 

(a) Net Air Quality Improvement. A net air quality improvement shall be presumed if: 

1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or 

modified facility, the emissions unit(s) providing the emissions offset and all other emissions units contributing to 

the availability of new emissions unit allowance, the sum of the maximum increases subtracted from the sum of the 

absolute values of the maximum decreases in the predicted ambient concentration of the affected pollutant within 

the nonattainment area, divided by the total number of receptor points within the nonattainment area, would be 

greater than zero annual average; and 

2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered 

in subparagraph 62-212.500(7)(a)1., F.A.C., would exceed the numerical value of any Class II maximum allowable 

increase established under Rule 62-204.260, F.A.C., provided that such values that have an averaging time of less 

than one year may be exceeded once per year at any receptor point. 

(b) Significant Net Air Quality Improvement. A significant net air quality improvement shall be presumed if: 

1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or 

modified facility and the emissions unit(s) providing the emissions offset, the sum of the maximum increases 

subtracted from the sum of the absolute values of the maximum decreases in the predicted ambient concentration of 

the affected pollutant within the nonattainment area, divided by the total number of receptor points within the 

nonattainment area, would be greater than one microgram per cubic meter annual average; and 

2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered 

in subparagraph 62-212.500(7)(b)1., F.A.C., would exceed the numerical value of any Class II maximum allowable 

increase established under Rule 62-204.260, F.A.C., provided that such values that have an averaging time of less 

than one year may be exceeded once per year at any receptor point. 

(7) Lowest Achievable Emission Rate (LAER). 

(a) Basis of Determination. Except as provided in subsections 62-212.500(1) through (4), F.A.C., any person 

who proposes to construct a new emissions unit or to make a modification in a nonattainment area or area of 

influence shall, in its construction permit application, apply to the Department for a determination of the Lowest 

Achievable Emission Rate (LAER) that is applicable to the affected pollutant emission that would result from the 

operation of the proposed new or modified emissions unit. In such application, the applicant shall recommend a 

determination of LAER setting forth the basis for such determination. In making the LAER determination, the 

Department shall give consideration to and make a determination that reflects: 

1. Any information published by the U.S. Environmental Protection Agency pursuant to Section 108 of the 

Clean Air Act, as required by Section 178 of the Act concerning determinations of LAER. 

2. The most stringent emissions limitation which is contained in the implementation plan of any state for such 

class or category of emissions unit, unless the owner or operator of the proposed emissions unit demonstrates that 

such limitation is not achievable, or the most stringent emissions limitation which is achieved in practice by such 

class or category of emissions unit, whichever is more stringent. 

3. All scientific, engineering, technical material, or other relevant information available to the Department. 

(b) Limitation Regarding Environmental Protection Agency Standards of Performance for New Stationary 

Sources. In no event shall the determination of LAER allow the proposed new or modified emissions unit to emit 
386 

any affected pollutant in excess of the amount allowable under any applicable Environmental Protection Agency 

Standard of Performance for New Stationary Sources, promulgated pursuant to 40 CFR Part 60, and adopted and 

incorporated by reference in Rule 62-204.800, F.A.C. 

(c) Phased Construction Projects. For phased construction projects, the determination of LAER shall be 

reviewed and modified as necessary, through the permitting process, at the latest reasonable time not later than 18 

months prior to commencement of construction of each independent phase of the project. At that time, the owner or 

operator of the facility shall be required to demonstrate the adequacy of any previous Department demonstration of 

LAER or propose a revision to such previous determination. 

(8) Construction/Operation Permit Requirement. 

(a) Permit Application Information Required. At a minimum, the owner or operator of the facility or 

modification shall provide the following information to the Department: 

1. A description of the nature, location, design capacity and typical operating schedule of the facility or 

modification, including specifications and drawings showing its design and plant layout; 

2. A detailed schedule for construction of the facility or modification; 

3. A detailed description of the system of continuous emissions reductions proposed by the facility as LAER, 

emissions estimates, and any other information as necessary to determine that LAER would be applied to the facility 

or modification; 

4. Information relating to the air quality impact of the facility or modification, including meteorological and 

topographical data necessary to estimate such impact. 

(b) Permit Offset Identification. 

1. If the proposed new facility or modification is required to have emission offsets, any construction or 

operation permit issued for such facility or modification shall specifically identify and quantify the amount of offset 

required and identify the emissions unit(s) providing the required emissions offset. Such identification shall include 

ownership, unit designation, location, effective date of offset, and other permit identification data. 

2. Before any permit is issued for the new or modified facility, the operation permit of each offsetting emissions 

unit shall be revised to specifically identify and quantify the new maximum allowable emission limits for each such 

emissions unit, the amount of offset provided, and the facility or modification to which such emissions offset is 

provided. The identification of the facility or modification to which an emissions offset is provided shall include 

ownership, unit designation, location, effective date of offset, and other permit identification data. 

(c) Construction Permits. Any construction permit issued pursuant to this rule shall contain all conditions and 

provisions necessary to insure that the construction and operation of the facility or modification shall be in 

accordance with the requirements of this rule. 

(d) Operation Permits. 

1. All required emission offsets shall have occurred prior to the issuance of any operation permit. 

2. Any operation permit issued for a facility or modification shall include all operating conditions and 

provisions required under Rule 17-2.17 (repealed) or paragraph 62-212.500(8)(c), F.A.C., and set forth in the 

original or amended construction permit. This provision shall apply as long as the nonattainment area for which the 

original or amended construction permit was issued is designated as a nonattainment area under subsection 62-

204.340(2), F.A.C., or as an air quality maintenance area under subsection 62-204.340(4), F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.510, Amended 2-2-93, 

Formerly 17-212.500, Amended 11-23-94, 1-1-96, 3-13-96, 2-2-06. 

62-212.600 Sulfur Storage and Handling Facilities. 

(1) Applicability. The requirements of this rule apply to proposed new or modified sulfur storage and handling 

facilities. These requirements supplement, but in no case supersede, all other applicable requirements of Rules 62-

212.300, 62-212.400, and 62-212.500, F.A.C. 

(2) Preconstruction Review Requirements. 

(a) Ambient Air Quality Analysis. The owner or operator of any proposed new or modified sulfur storage and 

handling facility that is to be located within five kilometers of either a particulate matter air quality maintenance 
387 

area or a PSD Class I area shall provide the Department with an analysis of the probable particulate matter ambient 

air quality impacts that could result from the operation of the facility, in accordance with subsection 62-212.600(3), 

F.A.C., Emission Estimates, and subsection 62-204.220(4), F.A.C., Air Quality Models. 

(b) Sulfur Deposition Analysis. The owner or operator of any proposed new or modified sulfur storage and 

handling facility shall provide the Department with an analysis of the probable annual and maximum monthly sulfur 

deposition rates that could occur as a result of the operation of the facility. The particle size distribution used in the 

model shall be determined in accordance with the provisions of subsection 62-212.600(3), F.A.C. 

(c) Postconstruction Monitoring. The owner or operator of any proposed new or modified sulfur storage and 

handling facility shall conduct postconstruction air quality and deposition monitoring of sulfur particulate emissions 

from the facility for two years from the date of issuance of the initial air operation permit for the facility, and, 

through the permitting process, shall determine the period of time, if any, such monitoring must be continued after 

that time. The data collected shall be provided to the Department as specified in the permit. All ambient air quality 

monitoring shall be done using the appropriate ambient test method(s) referenced in subsection 62-204.220(3), 

F.A.C. Particulate deposition monitoring shall be done in accordance with the provisions of DEP Reference Method 

for Monitoring Deposition of Sulfur Particulate, hereby adopted and incorporated by reference. 

(d) Exemptions. Any sulfur storage and handling facility with a throughput of elemental sulfur in all forms of 

less than 5,000 tons per year shall be exempt from the provisions of paragraphs 62-212.600(2)(a), (b), and (c), 

F.A.C. 

(3) Emission Estimates. 

(a) For any of the purposes for which emission estimates may be used, the Department shall accept emission 

estimates other than those obtained by the procedures referenced or specified in this rule, if such estimates are based 

on emissions test data or ambient air quality test data obtained for a similar facility, and the permit applicant 

demonstrates to the Department that such emission estimates characterize the probable emissions that would result 

from the operation of the facility to which the estimates would apply. Appropriate emission estimates shall be 

provided for both the maximum annual average and maximum daily (24 hour) case. 

(b) Nothing in this rule shall be construed to prevent the Department from using or requiring the use of the best 

available data to estimate the probable emissions from any emissions unit or to relieve the applicant from complying 

with all applicable emission limiting standards or other applicable provisions of the air pollution rules of the 

Department. 

(c) Except as otherwise provided in this rule, the particulate matter emission factor equations published by the 

U.S. Environmental Protection Agency in Section 11.2, Compilation of Air Pollution Emission Factors, AP-42, 3rd 

Edition, Supplement No. 14, May 1983, hereby adopted and incorporated by reference, shall be used to estimate the 

sulfur particulate emissions from solid sulfur storage and handling facilities. The emission factors referenced above 

shall be used to estimate the emitted sulfur particulate that would be measured by a high volume air sampler as 

specified in the reference sampling method for total suspended particulate. 

(d) All emissions estimates generated pursuant to this rule shall be supported by data that explain the basis for 

selecting the variables in the emission factor equations (e.g. moisture content, silt content, ambient wind speed, etc.). 

The emission factor variables shall be selected to represent the probable conditions for each operation under normal 

operating conditions. The silt content data used in the referenced equations (minus 200 mesh U.S. screen) shall be 

based on or represent data obtained by dry sieving. The dry sieving shall be performed in accordance with methods 

specified in paragraph 62-212.600(3)(c), F.A.C., except that sieving shall not be performed for more than 40 

minutes. Drying of the solid sulfur prior to sieving shall be performed at a temperature of 75 +/- 5 degrees C. 

Appropriate values shall be selected to estimate both the maximum annual average and maximum daily (24 hour) 

average emission rates for each emissions unit within the facility. 

(e) Sulfur Deposition Rate Emission Factors. The emission factors used to calculate the probable elemental 

sulfur deposition rates resulting from the operation of a sulfur storage or handling facility shall be estimated using 

the following procedure: 

1. Solid Sulfur Storage and Handling Facility Deposition Emission Factors. 

a. Estimate the weight of all particles emitted to the atmosphere. The suspended particulate emission estimates 
388 

obtained from the procedures in this rule represent the weight of the 0-30 micron particles emitted prior to applying 

any control measures. To estimate the weight of all particles emitted to the atmosphere prior to applying any control 

measures, multiply the 0-30 micron emission rate by 2.1. 

b. Determine the specific particle size ranges from 0-300 microns that will be used in the deposition calculation. 

Use a sufficient number of size intervals such that errors in calculated deposition rates resulting from the variation in 

the settling velocity (in still air) of the particles within each interval are minimized. 

c. Using the particle size distribution table below and the estimated weight of all particles emitted to the 

atmosphere, calculate the weight of particles in each of the size ranges to be used in the deposition calculations. 

Size Distribution of Total Particles Emitted During the Uncontrolled Handling of Solid Sulfur 

(Percent by Weight Less than the Stated Aerodynamic Diameter) 

Particle Diameter*(microns) Percent by Weight Less Than 

300 99.9 

200 97.0 

100 83.5 

75 74.0 

50 63.5 

30 48.0 

10 24.0 

2.5 7.5 

*Use linear interpolation to calculate the weight percent less than or greater than a specific diameter value that is 

between two of the listed values. 

2. Molten Sulfur Storage and Handling Facility Deposition Emission Factors. 

a. Determine the weight of all particles emitted to the atmosphere from an emissions unit at a molten sulfur 

handling facility and the size distributions of these particles in the 0-300 micron size range. 

b. Determine the specific particle size ranges from 0-300 microns that will be used in the deposition 

calculations. Use a sufficient number of size intervals such that errors in calculated deposition rates resulting from 

the variations in the settling velocity (in still air) of the particles within each interval are minimized. 

c. Using the particle size distribution and the weight of all particles emitted to the atmosphere, calculate the 

weight of particles in each of the size ranges to be used in the deposition calculations. 

3. If particulate control measures would be applied to limit the emission of any of the particles in this size range 

(0-300 microns), compute the collection efficiency of the control measures for each particle size range to be used in 

the deposition calculations using published collection efficiency data or actual test data for a similar facility or 

operation. Use this information or actual emissions test data to estimate the probable particle size distribution of the 

sulfur particles emitted to the atmosphere after the application of all control measures. 

4. For calculating the deposition rates, determine the representative weight of the particles emitted to the 

atmosphere in each interval as specified above and assume that all particles within each selected interval have a 

particle diameter equal to the mass mean diameter of the range. The mass mean diameter is given by: 

where: d1 is the lower bound of the particle size interval and d2 is the upper bound of the particle size interval. The 

particle size distribution equation is given by: 

SEE FLORIDA ADMIMISTRATIVE CODE FOR FORMULA 

where: d1 is the lower bound of the particle size interval and d2 is the upper bound of the particle size interval. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.540, 17-212.600, 

Amended 11-23-94, 1-1-96, 3-13-96, 8-17-00. 
389 

62-212.710 Air Emissions Bubble. 

(1) General Restrictions. The Department shall not authorize the creation of or change to an air emissions 

bubble that would: 

(a) Cause or contribute to a violation of any ambient air quality standard or PSD increment; 

(b) Result in an increase of the maximum ambient ground-level concentration; 

(c) Allow for an emissions increase, for any emissions unit included within such bubble, above an applicable 

limitation under any of the following: Best Available Control Technology (BACT) pursuant to Rule 62-212.400, 

F.A.C.; Lowest Achievable Emissions Rate (LAER) pursuant to Rule 62-212.500, F.A.C.; the Federal Acid Rain 

Program; National Emission Standards for Hazardous Air Pollutants and National Emission Standards for 

Hazardous Air Pollutants for Source Categories pursuant to Rule 62-204.800, F.A.C.; and Standards of Performance 

for New Stationary Sources pursuant to Rule 62-204.800, F.A.C., provided that municipal waste combustors may 

apply for a bubble under this rule and subject to the provisions of 40 C.F.R. 60, Subpart Cb, adopted and 

incorporated by reference in Rule 62-204.800, F.A.C.; 

(d) At a facility located in a nonattainment area or in an area of influence, interfere with reasonable further 

progress toward attaining ambient air quality standards; 

(e) Allow for an increase in opacity for any emissions unit included within such bubble above the unit's 

previous opacity limit; 

(f) Allow any emissions unit included within such bubble to avoid any preconstruction review requirements of 

Chapter 62-212, F.A.C.; or 

(g) Relieve any emissions unit included within such bubble from any requirements that apply to hazardous air 

pollutants. 

(2) Permit Application Requirements. Each applicant for an air emissions bubble shall provide the following 

information as part of its permit application for such bubble, in addition to any other information required under 

rules applicable to the facility. 

(a) Identification of each emissions unit proposed to be included within the bubble, along with the following for 

each such unit: 

1. The processes and operations authorized under the facility’s construction permit(s) and current operation 

permit(s); 

2. The applicable emission limits, production limits or other limiting factors specified in the facility’s 

construction permit(s) and current operation permit(s); 

3. Any requested changes in operations under the proposed air emissions bubble and the requested emissions 

limit for each emissions unit operating under the bubble. 

(b) A plan for quantifying emissions from the proposed bubble and for demonstrating continuous compliance 

with the multi-unit aggregate emissions limit, including the method of measurement, frequency of measurement, 

method of standardization or audit, quality control protocols and statistical information correlating the actual 

emission rates with capacity or production rates. 

(c) A demonstration that the proposed bubble would operate within the requirements of paragraphs 62-

212.710(1)(a) through (g), F.A.C. For purposes of paragraphs 62-212.710(1)(a) and (b), F.A.C., the demonstration 

shall comply with the following requirements: 

1. For bubbles of nitrogen oxides or volatile organic compounds, no ambient impact analysis is required to 

demonstrate compliance with ozone ambient air quality standards or to demonstrate no increase in maximum 

ambient ground-level concentration. 

2. For bubbles of sulfur dioxide, nitrogen dioxide, particulate matter 10 (PM10), carbon monoxide, and lead, an 

ambient impact analysis is required, as specified in subsection 62-212.710(3), F.A.C., if any one of the following 

conditions would occur under the bubble: 

a. Emissions would be shifted from one emissions unit to another with a lower plume height such that there is 

an emissions increase at the unit with the lower plume height; 

b. One or more emissions units whose emissions would be increased have emissions points that may not avoid a 

downwash situation, as defined in 40 C.F.R. Part 51, Appendix W, adopted and incorporated by reference in Rule 
390 

62-204.800, F.A.C.; 

c. Two or more emissions points included within the bubble are 250 meters or more apart from one another; 

d. A source of fugitive particulate matter is included within the bubble; or 

e. Complex terrain, as defined in 40 C.F.R. Part 51, Appendix W, exists within the area of significant impact of 

the bubble or within 50 kilometers of the facility, whichever is less. 

(3) Ambient Impact Analysis Requirements. If an ambient impact analysis is required pursuant to subparagraph 

62-210.700(2)(c)2., F.A.C., the applicant shall perform the analysis in accordance with the provisions of 40 C.F.R. 

Part 51, Appendix W, adopted and incorporated by reference in Rule 62-204.800, F.A.C. For purposes of this 

demonstration, the applicant shall use the most recent one-year period of meteorological data available and shall 

perform the analysis for each applicable pollutant and relevant averaging period. 

(a) The applicant shall demonstrate compliance with paragraph 62-212.710(1)(a), F.A.C., by modeling all 

emissions units in the bubble by comparing in a single model run the difference between the allowable emissions in 

the existing permit(s) and the bubble baseline emissions for the proposed bubble. If at any receptor point the 

maximum concentration change has an increase above a significant impact level, as set forth in Rule 62-204.200, 

F.A.C., the applicant shall demonstrate compliance with ambient air quality standards and prevention of significant 

deterioration increments by performing an analysis which considers all emissions units at the facility and in the 

surrounding area according to the procedures of 40 C.F.R. Part 51, Appendix W. 

(b) The applicant shall demonstrate compliance with paragraph 62-212.710(1)(b), F.A.C., by comparing the 

maximum concentration over the receptor grid of the allowable emissions in the existing permit(s) for all emissions 

units in the bubble with the maximum concentration over the receptor grid of the bubble baseline emissions for the 

proposed bubble. 

(4) Permit Content. In addition to any other permit conditions, a permit authorizing creation of, change to or use 

of an air emissions bubble shall include the following provisions with respect to such bubble: 

(a) The multi-unit aggregate emissions limit for the emissions units included in the bubble, not to exceed the 

bubble baseline emissions; 

(b) A requirement that the owner or operator shall calculate, record and report on the same basis the emissions 

for each emissions unit included in the bubble, such as mass/time, mass/unit of production, or mass/unit of heat 

input, as applicable to the facility’s operations; 

(c) A requirement that the owner or operator shall average the emissions from all emissions units under the 

bubble on a rolling 24 hours basis, except that a longer averaging period may be used if authorized under the 

facility's construction or existing operation permit(s), but in no case shall the averaging period exceed 30 days; 

(d) The plan for quantifying emissions from the bubble and for demonstrating continuous compliance as 

required under paragraph 62-212.710(2)(b), F.A.C. 

(5) Monitoring. 

(a) The owner or operator shall monitor emissions from each emissions unit included in the bubble according to 

all requirements that apply to the facility, except that the provisions set forth in this rule shall additionally apply to 

emissions units included in the bubble. 

(b) The owner or operator shall follow the requirements of Rule 62-210.700, F.A.C., if excess emissions occur 

from the emissions units included in the bubble. 

(6) Records. The owner or operator shall maintain all records related to the bubble for a period of five years. 

Such records shall demonstrate continuous compliance with the multi-unit aggregate emissions limit. 

Specific Authority 403.061 FS. Law Implemented 403.08735 FS. History–New 5-20-97. 

62-212.720 Actuals Plantwide Applicability Limits (PALs). 

(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 62-210.200, F.A.C. PAL permits shall be based on 

“actuals PAL” emissions as that term is described at 40 CFR 52.21(aa)(2), adopted by reference 
391 

in Rule 62-204.800, F.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 62-210.200 F.A.C., or 

any modification or reconstruction under 40 CFR Part 60, 61 or 63, adopted by reference at Rule 

62-204.800, F.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. 

(2) Definitions. The definitions of 40 CFR 52.21(aa)(2), adopted by reference in Rule 62-

204.800, F.A.C., shall apply to PAL permitting processes and PAL permits except the “PAL 

permit” shall mean the permit specified in subsection 62-212.720(1), F.A.C., and except that 

“significant” and “emissions unit” shall mean “significant emissions rate” and “emissions unit” 

as defined in Rule 62-210.200, F.A.C. For purposes of this rule, the term “Administrator,” 

wherever it appears in any provision of 40 CFR 52.21 cited herein, shall mean “Department.” 

(3) Application. Application for any PAL permit shall be made on the forms established for 

permit applications at Rule 62-210.900, F.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 40 CFR 52.21 (aa)(3), 

adopted by reference at Rule 62-204.800, F.A.C. 

(4) Permit Processing. The Department shall establish the PAL using the processes described 

at 40 CFR 52.21 (aa)(4) and (6), adopted by reference at Rule 62-204.800, F.A.C. No PAL 

permit shall be issued until all processes have been completed and the public participation 

requirements of 40 CFR 52.21(aa)(5), adopted by reference at Rule 62-204.800, F.A.C., and 

Rule 62-210.350, F.A.C., have been accomplished. The Department shall also consider all other 

applicable requirements, as defined at Rule 62-210.200, F.A.C., and the requirements of Rule 

Chapter 62-4, F.A.C., in establishing a PAL. 

(5) Permit Content. All PAL permits shall include the provisions described at 40 CFR 

52.21(aa)(7), adopted by reference in Rule 62-204.800, F.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 62-

210.700(1)-(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 62-210.700(6), F.A.C., shall still apply. The Department 

shall also establish monitoring requirements in accordance with 40 CFR 52.21(aa)(12), adopted 

by reference in Rule 62-204.800, F.A.C., and shall include such monitoring, and the 

recordkeeping and reporting requirements of 40 CFR 52.21(aa)(13) and (14), adopted by 
392 

reference in Rule 62-204.800, F.A.C., in the PAL permit. 

(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 40 CFR 52.21(aa)(8), adopted by reference in Rule 

62-204.800, F.A.C. All renewals of PAL permits shall be accomplished in accordance with the 

requirements of this rule and the provisions of 40 CFR 52.21(aa)(11), adopted by reference in 

Rule 62-204.800, F.A.C. Any PAL permit that is not renewed in strict accordance with the 

provisions of 40 CFR 52.21(aa)(10), adopted by reference in Rule 62-204.800, F.A.C., shall 

expire. All expirations of PAL permits shall be governed by the provisions of 40 CFR 

52.21(aa)(9), adopted by reference in Rule 62-204.800, F.A.C. 

(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 62-204.800, F.A.C., or under any applicable 

requirement as defined at Rule 62-210.200, F.A.C., shall continue to comply with such 

requirement except that the provisions of paragraph 62-212.400(12)(b), F.A.C., shall not apply to 

emissions units at a facility with a PAL permit. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-06, Amended 7-16-07, 10-6-

08. 

 
393 

Rule Chapter 62-296, Effective 3/11/10 

CHAPTER 62-296 STATIONARY SOURCES - EMISSION STANDARDS 

62-296.100 Purpose and Scope. (Effective 10/6/08) 

62-296.200 Definitions. (Repealed) 

62-296.310 General Particulate Emission Limiting Standards. (Repealed) 

62-296.320 General Pollutant Emission Limiting Standards. (Effective 10/6/08) 

62-296.330 Best Available Control Technology. (BACT). (Repealed) 

62-296.340 Best Available Retrofit Technology. (Effective 1/31/07) 

62-296.341 Regional Haze – Reasonable Progress Control Technology. (Effective 2/7/08) 

62-296.400 Specific Emission Limiting and Performance Standards. (Repealed) 

62-296.401 Incinerators. (Effective 1/10/07) 

62-296.402 Sulfuric Acid Plants. (Effective 3/13/96) 

62-296.403 Phosphate Processing. (Effective 3/13/96) 

62-296.404 Kraft (Sulfate) Pulp Mills and Tall Oil Plants. (Effective 3/13/96) 

62-296.405 Fossil Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat Input. (Effective 

3/2/99) 

62-296.406 Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input, New 

and Existing Emissions Units. (Effective 3/2/99) 

62-296.407 Portland Cement Plants. (Effective 1/1/96) 

62-296.408 Nitric Acid Plants. (Effective 1/1/96) 

62-296.409 Sulfur Recovery Plants. (Effective 1/1/96) 

62-296.410 Carbonaceous Fuel Burning Equipment. (Effective 1/1/96) 

62-296.411 Sulfur Storage and Handling Facilities. (Effective 1/1/96) 

62-296.412 Dry Cleaning Facilities. (Effective 3/11/10) 

62-296.413 Synthetic Organic Fiber Production. (Effective 2/12/06) 

62-296.414 Concrete Batching Plants. (Effective 1/10/07) 

62-296.415 Soil Thermal Treatment Facilities. (Effective 3/13/96) 

62-296.416 Waste-to-Energy Facilities. (Effective 10/20/96) 

62-296.417 Volume Reduction, Mercury Recovery and Mercury Reclamation. (Effective 3/2/99) 

62-296.418 Bulk Gasoline Plants (Effective 3/11/10) 

62-296.470 Implementation of Federal Clean Air Interstate Rule. (Effective 10/6/08) 

62-296.480 Implementation of Federal Clean Air Mercury Rule. (Repealed 1/7/2010) 

62-296.500 Reasonably Available Control Technology (RACT) - Volatile Organic Compounds (VOC) 

and Nitrogen Oxides (NOx) Emitting Facilities. (Effective 3/11/10) 

62-296.501 Can Coating. (Effective 1/1/96) 

62-296.502 Coil Coating. (Effective 1/1/96) 

62-296.503 Paper Coating. (Effective 1/1/96) 

62-296.504 Fabric and Vinyl Coating. (Effective 1/1/96) 

62-296.505 Metal Furniture Coating. (Effective 1/1/96) 

62-296.506 Surface Coating of Large Appliances. (Effective 1/1/96) 

62-296.507 Magnet Wire Coating. (Effective 1/1/96) 

62-296.508 Petroleum Liquid Storage. (Effective 10/6/08) 

62-296.509 Bulk Gasoline Plants. (Repealed) 

62-296.510 Bulk Gasoline Terminals. (Effective 1/1/96) 

62-296.511 Solvent Metal Cleaning. (Effective 10/7/96) 

62-296.512 Cutback Asphalt. (Effective 1/1/96) 

62-296.513 Surface Coating of Miscellaneous Metal Parts and Products. (Effective 1/1/96) 
394 

62-296.514 Surface Coating of Flat Wood Paneling. (Effective 1/1/96) 

62-296.515 Graphic Arts Systems. (Effective 1/1/96) 

62-296.516 Petroleum Liquid Storage Tanks with External Floating Roofs. (Effective 1/1/96) 

62-296.570 Reasonably Available Control Technology (RACT) - Requirements for Major VOCand NOx-Emitting Facilities. (Effective 3/2/99) 

62-296.600 Reasonably Available Control Technology (RACT) - Lead. (Effective 3/13/96) 

62-296.601 Lead Processing Operations in General. (Effective 1/1/96) 

62-296.602 Primary Lead-Acid Battery Manufacturing Operations. (Effective 3/13/96) 

62-296.603 Secondary Lead Smelting Operations. (Effective 1/1/96) 

62-296.604 Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations. (Effective 1/1/96) 

62-296.605 Lead Oxide Handling Operations. (Formerly 17-296.605) 

62-296.700 Reasonably Available Control Technology (RACT) Particulate Matter. (Effective 1/1/96) 

62-296.701 Portland Cement Plants. (Effective 1/1/96) 

62-296.702 Fossil Fuel Steam Generators. (Effective 1/1/96) 

62-296.703 Carbonaceous Fuel Burners. (Effective 1/1/96) 

62-296.704 Asphalt Concrete Plants. (Effective 1/1/96) 

62-296.705 Phosphate Processing Operations. (Effective 1/1/96) 

62-296.706 Glass Manufacturing Process. (Effective 1/1/96) 

62-296.707 Electric Arc Furnaces. (Effective 1/1/96) 

62-296.708 Sweat or Pot Furnaces. (Effective 1/1/96) 

62-296.709 Lime Kilns. (Effective 1/1/96) 

62-296.710 Smelt Dissolving Tanks. (Effective 1/1/96) 

62-296.711 Materials Handling, Sizing, Screening, Crushing and Grinding Operations. (Effective 1/1/96) 

62-296.712 Miscellaneous Manufacturing Process Operations. (Effective 1/1/96) 

62-296.800 Standards of Performance for New Stationary Sources (NSPS). (Repealed) 

62-296.810 National Emission Standards for Hazardous Air Pollutants (NESHAP) - Part 61. (Repealed) 

62-296.820 National Emission Standards for Hazardous Air Pollutants (NESHAP) - Part 63. (Repealed) 

62-296.100 Purpose and Scope. 

(1) The Department of Environmental Protection adopts this chapter to establish emission limiting standards 

and compliance requirements for stationary sources of air pollutant emissions. 

(2) The chapter includes emission limitations for specific categories of facilities and emissions units, and it 

establishes reasonably available control technology requirements. Where work practice standards, including 

requirements for specific types of pollution control equipment, are provided for in this chapter, such standards shall 

be of the same force and effect as emission limiting standards. The emission limiting and work practice standards of 

Rule 62-296.320, F.A.C., and Rules 62-296.401 through 62-296.480, F.A.C., are applicable statewide. The 

reasonably available control technology requirements are established for specific areas of the state as set forth in 

Rules 62-296.500, 62-296.600, and 62-296.700, F.A.C. 

(3) A facility or emissions unit subject to any standard or requirement of 40 CFR. Part 60, 61, 63 or 65, adopted 

and incorporated by reference at Rule 62-204.800, F.A.C., shall comply with such standard or requirement. Nothing 

in this chapter shall relieve a facility or emissions unit from complying with such standard or requirement, provided, 

however, that where a facility or emissions unit is subject to a standard established in this chapter, such standard 

shall also apply. 

(4) Words and phrases used in this chapter, unless clearly indicated otherwise, are defined at Rule 62-210.200, 

F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 11-23-94, Amended 3-13-96, 10-

6-08. 
395 

62-296.320 General Pollutant Emission Limiting Standards. 

(1) Volatile organic compounds emissions or organic solvents emissions – No person shall store, pump, handle, 

process, load, unload or use in any process or installation, volatile organic compounds or organic solvents without 

applying known and existing vapor emission control devices or systems deemed necessary and ordered by the 

Department. 

(2) Objectionable Odor Prohibited – No person shall cause, suffer, allow or permit the discharge of air 

pollutants which cause or contribute to an objectionable odor. 

(3) Permitted Open Burning. Open burning in connection with industrial, commercial, institutional, or 

governmental operations is allowed only as provided at Chapter 62-256, F.A.C., or when: 

(a) Open burning is determined by the Department to be the only available method of disposal and is authorized 

by an air permit; and 

(b) Such open burning does not involve any material prohibited from being burned at Rule 62-256.300, F.A.C. 

(4) General Particulate Emission Limiting Standards. The following emission limiting standards shall apply to 

emissions units of particulate matter not subject to a particulate emission limit or opacity limit set forth in or 

established elsewhere in this chapter. 

(a) Process Weight Table. 

1. Applicability. The emission limitations set forth in subparagraph 62-296.320(4)(a)2., F.A.C., below, shall 

apply to any emissions unit which processes raw materials to produce a finished product through a chemical or 

physical change, except emissions units which: 

a. Burn fuel to produce heat or power by indirect heating where the products of combustion do not come in 

contact with the process materials. 

b. Burn refuse. 

c. Salvage materials by burning. 

2. Particulate Matter Emissions Standard – No person shall cause, let, permit, suffer or allow the emission of 

particulate matter through a stack or vent, from any emissions unit subject to this rule in total quantities in excess of 

the amount shown in Table 296.320-1. Interpolation of the data in Table 296.320-1 for the process weight rates up to 

30 tons per hour shall be accomplished by use of the equation: E = 3.59P 0.62 , where P is less than or equal to 30 

tons per hour. Interpolation and extrapolation of the data for process weight rates in excess of 30 tons per hour shall 

be accomplished by use of the equation: E = 17.31P 0.16 , where P is greater than 30 tons per hour. In both equations: 

E = emissions in pounds per hour and P = process weight rate in tons per hour. 

PROCESS WEIGHT TABLE TABLE 296.320-1 

 Process Rate Emission Rate 

 (Tons Per Hour) (Pounds Per Hour) 

 .025 0.36 

 .050 0.56 

 .250 1.52 

 .50 2.34 

 2.50 6.34 

 5 9.74 

 10 14.97 

 30 29.57 

 40 31.23 

 60 33.33 

 80 34.90 

 100 36.17 

 200 40.41 

 500 46.79 

3. Particulate Matter Emissions Test Method and procedures. All particulate matter emissions tests performed 

pursuant to the requirements of this rule shall comply with the following provisions. 
396 

a. Emissions units incorporating a scrubber for control of particulate matter shall use the following test methods. 

(i) Citrus Plants. The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. An acetone wash shall be used. The minimum sample volume shall be 32 dry 

standard cubic feet. 

(ii) All Others. The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. An acetone wash shall be used. 

b. Emissions units incorporating dry controls for control of particulate matter shall use the following test 

methods. 

(i) Phosphate Processing. The test method for particulate emissions shall be EPA Method 5, incorporated and 

adopted by reference in Chapter 62-297, F.A.C. An acetone wash shall be used. The minimum sample volume shall 

be 30 dry standard cubic feet. 

(ii) All Others. The test method for particulate emissions shall be EPA Method 17, with an acetone wash and an 

average stack temperature below 275 degrees Fahrenheit, or EPA Method 5 with an acetone wash. These test 

methods are incorporated and adopted by reference in Chapter 62-297, F.A.C. 

c. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(b) General Visible Emissions Standard. 

1. No person shall cause, let, permit, suffer or allow to be discharged into the atmosphere the emissions of air 

pollutants from any activity, the density of which is equal to or greater than that designated as Number 1 on the 

Ringelmann Chart (20 percent opacity). 

2. Notwithstanding subparagraph 62-296.320(4)(b)1., F.A.C., above, the owner or operator of an emissions unit 

subject to the general visible emission standard may request the Department to establish a higher visible emissions 

standard for that emissions unit. The owner or operator may request that a visible emissions standard be established 

at that level at which the emissions unit will be able, as indicated by compliance tests, to meet the opacity standard 

at all times during which the emissions unit is meeting the applicable particulate matter standard. The Department 

shall establish such a standard, through the permitting process, if it finds that: 

a. The emissions unit was in compliance with the applicable particulate emission standard while a compliance 

test was being conducted but failed to comply with the general visible emissions standard during the test; 

b. The emissions unit and associated air pollution control equipment were operated and maintained in a manner 

to minimize the opacity emissions during the compliance test; and 

c. The emissions unit and associated air pollution control equipment were incapable of being adjusted or 

operated in such a manner as to meet the opacity standard. 

3. If the presence of uncombined water is the only reason for failure to meet visible emission standards given in 

this rule, such failure shall not be a violation of this rule. 

4. All visible emissions tests performed pursuant to the requirements of this rule shall comply with the 

following provisions. 

a. The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

b. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(c) Unconfined Emissions of Particulate Matter. 

1. No person shall cause, let, permit, suffer or allow the emissions of unconfined particulate matter from any 

activity, including vehicular movement; transportation of materials; construction, alteration, demolition or wrecking; 

or industrially related activities such as loading, unloading, storing or handling; without taking reasonable 

precautions to prevent such emissions. 

2. Any permit issued to a facility with emissions of unconfined particulate matter shall specify the reasonable 

precautions to be taken by that facility to control the emissions of unconfined particulate matter. 

3. Reasonable precautions include the following: 

a. Paving and maintenance of roads, parking areas and yards. 

b. Application of water or chemicals to control emissions from such activities as demolition of buildings, 

grading roads, construction, and land clearing. 
397 

c. Application of asphalt, water, oil, chemicals or other dust suppressants to unpaved roads, yards, open stock 

piles and similar activities. 

d. Removal of particulate matter from roads and other paved areas under the control of the owner or operator of 

the facility to prevent reentrainment, and from buildings or work areas to prevent particulate from becoming 

airborne. 

e. Landscaping or planting of vegetation. 

f. Use of hoods, fans, filters, and similar equipment to contain, capture and/or vent particulate matter. 

g. Confining abrasive blasting where possible. 

h. Enclosure or covering of conveyor systems. 

4. In determining what constitutes reasonable precautions for a particular facility, the Department shall consider 

the cost of the control technique or work practice, the environmental impacts of the technique or practice, and the 

degree of reduction of emissions expected from a particular technique or practice. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.620, 17-

296.320, Amended 1-1-96, Amended 3-13-96, 10-6-08. 

62-296.340 Best Available Retrofit Technology. 

(1) Applicability. This rule applies to all BART-eligible sources as defined at 40 CFR 51.301, adopted and 

incorporated by reference at Rule 62-204.800, F.A.C. Failure of the Department to include a particular BARTeligible source on any list of BART-eligible sources it produces does not relieve the owner or operator of such 

source from responsibility to comply with the requirements of this rule. 

(2) Definitions. For the purposes of this rule: 

1. All definitions at 40 CFR 51.301 shall apply, including the definition of “Best Available Retrofit Technology 

(BART)” contained therein. 

2. The term “CAIR Program” shall mean the requirements of 40 CFR 52.540 and 52.541, adopted and 

incorporated by reference at Rule 62-204.800, F.A.C., or it shall have the meaning given at Rule 62-210.200, 

F.A.C., whichever is applicable. 

3. The term “Class I area” shall mean any mandatory Class I federal area where visibility is an important value, 

as set forth at 40 CFR Part 81, Subpart D, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

(3) Requirements. 

(a) Unless exempted under subsection 62-296.340(5), F.A.C., the owner or operator of a BART-eligible source 

shall install, operate, and maintain BART, as determined by the Department, for each emissions unit and each 

pollutant for which a BART determination is required. 

1. The Department shall determine BART for all BART-eligible sources in accordance with the criteria of 40 

CFR 51.308(e) and the procedures and guidelines contained in 40 CFR Part 51, Appendix Y, each adopted and 

incorporated by reference at Rule 62-204.800, F.A.C. 

2. The pollutants for which a BART determination is required are those pollutants identified as visibilityimpairing pollutants in 40 CFR Part 51, Appendix Y, excluding volatile organic compounds, ammonia, and 

ammonia compounds, except that: 

a. A BART determination shall not be required for sulfur dioxide or for nitrogen oxides if the BART-eligible 

source has the potential to emit less than 40 tons per year of such pollutant(s), or for PM10 if the BART-eligible 

source has the potential to emit less than 15 tons per year of such pollutant. 

b. A BART determination shall not be required for sulfur dioxide or for nitrogen oxides for any electric 

generating unit at a BART-eligible source that is subject to the CAIR Program. 

(b) The Department shall articulate the basis for its BART determination(s) in an air construction permit. 

1. The owner or operator of a BART-eligible source subject to the requirement for BART determination under 

paragraph 62-296.340(3)(a), F.A.C., shall perform a BART evaluation for each emissions unit comprising the 

BART-eligible source and for each pollutant for which a BART determination is required. The BART evaluation 

shall be performed in accordance with the criteria of 40 CFR 51.308(e) and the procedures and guidelines contained 
398 

in 40 CFR Part 51, Appendix Y. The BART evaluation and proposed BART determination(s) shall be submitted to 

the Department in an application for an air construction permit not later than January 31, 2007. 

2. The air construction permit issued by the Department shall require the owner or operator of the BARTeligible source to comply with BART as expeditiously as practicable, but not later than December 31, 2013. Such 

permit shall also require an operation and maintenance plan for any control equipment required by the BART 

determination. 

3. Before taking final agency action on any air construction permit application to establish its BART 

determination(s), the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and, in its 

intent to issue, provide an opportunity for public comment which shall include at a minimum the following: 

a. Pursuant to Chapter 119, Florida Statutes, a complete file available for public inspection at its Tallahassee 

offices which includes the information submitted by the owner or operator, exclusive of confidential records under 

Section 403.111, Florida Statutes, and the Department’s preliminary BART determination(s); 

b. A 30-day period for submittal of public comments; and 

c. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature 

and location of the BART-eligible source and the location of the information specified in sub-subparagraph 62-

296.340(3)(b)3.a., F.A.C., and notifying the public of the opportunity for submitting comments. The notice shall be 

prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-

110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to 

final agency action. 

(4) Optional Reasonable Progress Evaluation. An electric generating unit that is part of a BART-eligible source 

and also subject to the CAIR Program shall not be subject to further emissions reductions to meet Florida’s 

reasonable progress goal for 2018 for any Class I area pursuant to the requirements of 40 CFR 51.308(d)(1), 

provided that the owner or operator: 

(a) Performs a unit-specific BART evaluation for sulfur dioxide and nitrogen oxides in accordance with the 

criteria of 40 CFR 51.308(e) and the procedures and guidelines contained in 40 CFR Part 51, Appendix Y, and 

submits such evaluation and proposed BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides 

to the Department in an application for an air construction permit; and 

(b) Accepts an air construction permit wherein the Department establishes BART-equivalent emission 

limitations for sulfur dioxide and nitrogen oxides for the unit. 

(c) In establishing BART-equivalent emission limitations pursuant to this subsection, the Department shall use 

the criteria of 40 CFR 51.308(e) and the procedures and guidelines contained in 40 CFR Part 51, Appendix Y, each 

adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

(d) The air construction permit issued by the Department shall require the owner or operator of the unit to 

comply with the BART-equivalent emission limitations as expeditiously as practicable, but not later than December 

31, 2013, if the permit is issued on or before December 31, 2008; or the earlier of December 31, 2017, or the date 

five years after permit issuance, if the permit is issued after December 31, 2008. 

(e) Before taking final agency action on any air construction permit application to establish its BARTequivalent emission limitations, the Department shall provide opportunity for public comment in accordance with 

the provisions of subparagraph 62-296.340(3)(b)3., F.A.C. 

(f) BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides established pursuant to this 

subsection are separate and distinct from the BART requirements of subsection 62-296.340(3), F.A.C. 

Noncompliance with a BART-equivalent emission limitation established pursuant to this subsection shall not 

constitute noncompliance with BART. 

(5) Exemptions. 

(a) A BART-eligible source may demonstrate that it is exempt from the requirement for BART determination 

for all pollutants by documenting that: 

1. The sum of its potential emissions of sulfur dioxide, nitrogen oxides, and particulate matter (expressed as 

equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) is less than 500 tons 

per year and the source is located greater than 50 kilometers from all Class I areas; or 
399 

2. The sum of its potential emissions of sulfur dioxide, nitrogen oxides, and particulate matter (expressed as 

equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) is less than 1,000 tons 

per year and the source is located greater than 100 kilometers from all Class I areas. 

(b) A BART-eligible source comprising only electric generating units that are subject to the CAIR Program and 

other emissions units that emit no visibility-impairing pollutants other than particulate matter may demonstrate that 

it is exempt from the requirement for BART determination for all pollutants by documenting that: 

1. Its potential emissions of particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides 

in terms of its light extinction efficiency) are less than 500 tons per year and the source is located greater than 50 

kilometers from all Class I areas; or 

2. Its potential emissions of particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides 

in terms of its light extinction efficiency) are less than 1,000 tons per year and the source is located greater than 100 

kilometers from all Class I areas. 

(c) If unable to claim exemption pursuant to paragraph 62-296.340(5)(a) or (b), F.A.C., a BART-eligible source 

may demonstrate that it is exempt from the requirement for BART determination for all pollutants by performing an 

individual source attribution analysis in accordance with the procedures contained in 40 CFR Part 51, Appendix Y. 

A BART-eligible source is exempt from BART determination requirements if its contribution to visibility 

impairment, as determined below, does not exceed 0.5 deciviews above natural conditions in any Class I area. 

1. For electric generating units subject to the CAIR Program, the source attribution analysis need only consider 

particulate matter emissions (including primary sulfate) for comparison with the contribution threshold. 

2. For all other units, the source attribution analysis shall consider sulfur dioxide, nitrogen oxides, and 

particulate matter emissions collectively for comparison with the contribution threshold. 

(d) If the owner or operator of a BART-eligible source requests exemption from the requirement for BART 

determination for all pollutants by submitting its source attribution analysis or other supporting documentation to the 

Department not later than January 31, 2007, and the Department ultimately grants such exemption, the requirement 

for submission of an air construction permit application pursuant to subparagraph 62-296.340(3)(b)1., F.A.C., shall 

not apply. If the Department denies such exemption, the owner or operator shall submit an application for air 

construction permit containing a BART evaluation and proposed BART determination(s) to the Department not later 

than January 31, 2007, or thirty (30) days after receipt of the Department’s denial, whichever is later. 

Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 1-31-07 

62-296.341 Regional Haze – Reasonable Progress Control Technology. 

(1) Applicability. This rule applies to all emissions units that: 

(a) Commenced construction or reconstruction, or submitted a complete application for an air construction 

permit for initial construction or reconstruction, prior to August 30, 1999; 

(b) Emitted 250 tons per year or more of sulfur dioxide in calendar year 2002 as determined by the annual 

operating report submitted pursuant to Rule 62-210.370, F.A.C.; and 

(c) Have a significant baseline contribution to regional haze in any Class I area within 300 kilometers of the 

unit. 

(2) Definitions. For the purposes of this rule: 

(a) “Class I area” shall mean any mandatory Class I federal area where visibility is an important value, as set 

forth at 40 CFR Part 81, Subpart D, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

(b) “Reasonable Progress Control Technology (RPCT)” shall mean an emission limitation based on the degree 

of reduction achievable through application of a system of continuous emission reduction for sulfur dioxide taking 

into consideration the technology available and the criteria of 40 CFR 51.308(d)(1)(i)(A), adopted and incorporated 

by reference at Rule 62-204.800, F.A.C. 

(c) “Significant Baseline Contribution to Regional Haze” shall mean, for a given emissions unit, that the unit’s 

contribution to regional haze in a Class I area is equal to or greater than a visibility contribution value of 50, where 

the visibility contribution value is determined by dividing the unit’s year-2002 emissions of sulfur dioxide, in tons, 

by the unit’s distance from the Class I area, in kilometers. 
400 

1. A unit’s year-2002 sulfur dioxide emissions shall be determined, as follows, by the annual operating report(s) 

submitted pursuant to Rule 62-210.370, F.A.C.: 

a. For an electric utility unit: the unit’s sulfur dioxide emissions for calendar year 2002 multiplied by the ratio of 

the unit’s average annual heat input over the 5-year period 2000-2004, divided by the unit’s heat input for calendar 

year 2002; 

b. For any other unit: the unit’s sulfur dioxide emissions for calendar year 2002. 

2. A unit’s distance from a given Class I area shall be determined by calculating the distance from the unit’s 

emission point to the Class I area’s reference point (latitude/longitude) as set forth below for all Class I areas in 

Florida or within 300 kilometers of the state: 

a. Everglades National Park: 25.3910 degrees North, 80.6806 degrees West. 

b. Chassahowitzka National Wilderness Area: 28.7484 degrees North, 82.5549 degrees West. 

c. Saint Marks National Wilderness Area: 30.0926 degrees North, 84.1614 degrees West. 

d. Okefenokee and Wolf Island National Wilderness Areas: 30.7405 degrees North, 82.1283 degrees West. 

e. Breton National Wilderness Area: 29.1189 degrees North, 89.2066 degrees West. 

(3) RPCT Required. 

(a) The Department shall establish RPCT in an air construction permit issued in accordance with the subsection 

62-296.341(4), F.A.C. 

(b) The owner or operator of one more emissions units subject to this rule must obtain an air construction permit 

from the Department that establishes RPCT for each such emissions unit and install, operate, and maintain RPCT as 

set forth in such permit. 

(c) After December 31, 2017, no emissions unit subject to this rule shall operate except in compliance with a 

permit that includes RPCT. 

(4) Air Construction Permit Provisions. 

(a) The owner or operator of one or more emissions units subject to this rule shall submit an application for air 

construction permit to the Department not later than January 31, 2012, containing an evaluation of RPCT and 

proposed RPCT determination for each emissions unit subject to this rule. In such application, the owner or operator 

shall identify the technology available and apply the criteria of 40 CFR 51.308(d)(1)(i)(A), adopted and incorporated 

by reference at Rule 62-204.800, F.A.C., in evaluating RPCT. 

1. In identifying the technology available, the owner or operator shall use Steps 1-3 of Section IV.D of 40 CFR 

Part 51, Appendix Y, Guidelines for BART Determinations Under the Regional Haze Rule, adopted and 

incorporated by reference at Rule 62-204.800, F.A.C. 

2. In evaluating RPCT according to the criteria of 40 CFR 51.308(d)(1)(i)(A), the owner or operator shall use 

Step 4 of Section IV.D of 40 CFR Part 51, Appendix Y, and, for “time necessary for compliance,” use the 

compliance deadline of December 31, 2017. 

3. In proposing RPCT, the owner or operator shall use Section IV.E of 40 CFR Part 51, Appendix Y, except that 

analysis of modeled visibility impacts of the emissions unit is not required. 

(b) The Department shall issue an air construction permit that establishes RPCT for each emissions unit 

addressed in an application submitted pursuant to paragraph 62-296.341(4)(a), F.A.C. In establishing RPCT, the 

Department shall apply the criteria of 40 CFR 51.308(d)(1)(i)(A), taking into consideration the applicant’s RPCT 

evaluation and proposed RPCT determination for each affected emissions unit. 

1. If, by October 1, 2012, the owner or operator fails to make a permit application, submitted in accordance with 

paragraph 62-296.341(4)(a), F.A.C., complete, the Department shall issue an air construction permit that establishes 

RPCT based on the criteria of 40 CFR 51.308(d)(1)(i)(A), taking into consideration all information available. 

2. The Department shall state the basis for its RPCT determination(s) in a technical evaluation document 

supporting its intent to issue. 

3. The permit shall require the owner or operator of the affected emissions units to comply with RPCT as 

expeditiously as practicable, but not later than December 31, 2017. 

4. The permit shall require an operation and maintenance plan for any control equipment required by the 

Department’s RPCT determination. 
401 

(c) Before taking final agency action on an air construction permit application to establish RPCT, the 

Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and, in its intent to issue, 

provide an opportunity for public comment which shall include at a minimum the following: 

1. Pursuant to Chapter 119, Florida Statutes, a complete file available for public inspection at its Tallahassee 

offices which includes the information submitted by the owner or operator, exclusive of confidential records under 

Section 403.111, Florida Statutes, and the Department’s technical evaluation and proposed air construction permit; 

2. A 30-day period for submittal of public comments; and 

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature 

and location of the affected unit and the location of the information specified in subparagraph 62-296.341(4)(c)1., 

F.A.C., and notifying the public of the opportunity for submitting comments. The notice shall be prepared by the 

Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., 

except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency 

action. 

(5) Exemptions. An affected emissions unit shall be exempt from the requirement for an RPCT determination if: 

(a) It is not subject to the CAIR Program and it has received a best available retrofit technology (BART) 

determination for sulfur dioxide pursuant to subsection 62-296.340(3), F.A.C.; or 

(b) It is subject to the CAIR Program and it has received a BART-equivalent emission limitation for sulfur 

dioxide pursuant to subsection 62-296.340(4), F.A.C. 

Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-7-08. 

62-296.401 Incinerators. 

(1) Small Incinerators. Any incinerator, other than a biological waste incinerator, human or animal crematory, 

or air curtain incinerator, with a charging rate of less than fifty (50) tons per day shall comply with the following 

requirements. 

(a) Emission Limiting Standards. Visible emissions shall not exceed five percent (5%) opacity except that 

visible emissions not exceeding fifteen (15%) percent opacity are allowed for up to six (6) minutes in any one (1) 

hour period. 

(b) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection 

shall comply with the following requirements. 

1. The reference test method for visible emissions shall be EPA Method 9, as described at 40 CFR, Part 60, 

Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

2. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be 

reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C. 

(c) Frequency of Testing. The owner or operator of an incinerator subject to this subsection shall have a 

performance test conducted for visible emissions prior to submitting the application for an initial air operation 

permit, and annually thereafter. 

(2) Existing incinerators, other than those which are operated or utilized for the disposal or treatment of 

biological waste, with a charging rate equal to or greater than 50 tons per day. 

(a) Particulate matter – 0.1 grains per standard cubic foot dry gas corrected to 50 percent excess air. 

(b) No objectionable odor allowed. 

(c) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

1. The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. EPA Method 3 or 3A, 

using Orsat analysis is required for percent excess air correction. 

2. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(d) Calculations Correcting Concentrations to 50% Excess Air (EA), EPA Method 3, Section 1.2. When 

correcting a pollutant emission concentration to 50% excess air, pursuant to this rule, the following equation shall be 

used: 
402 

 Cs50 = Cs (100 + %EA)

 150 

 Equation 296.401-1 

where: Cs50 is the pollutant concentration at 50% excess air; 

 Cs is the pollutant concentration computed at standard conditions on a dry basis; and %EA is calculated by 

equation 296.401-2: 

 %EA = (%O2 - 0.5%CO) × 100

 0.264%N2 - (%O2 - 0.5%CO) 

 Equation 296.401-2 

(3) New incinerators, other than those which are operated or utilized for the disposal or treatment of biological 

waste, with a charging rate equal to or greater than 50 tons per day. 

(a) Particulate matter – .08 grains per standard cubic foot dry gas corrected to 50 percent excess air. 

(b) No objectionable odor allowed. 

(c) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

1. The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. EPA Method 3 or 3A, 

using Orsat analysis is required for percent excess air correction. 

2. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(d) Calculations Correcting Concentrations to 50% Excess Air (EA), EPA Method 3, Section 1.2. When 

correcting a pollutant emission concentration to 50% excess air, pursuant to this rule, the following equation shall be 

used: 

 Cs50 = Cs (100 + %EA) 

 150 

 Equation 296.401-1 

where: Cs50 is the pollutant concentration at 50% excess air; 

Cs is the pollutant concentration computed at standard conditions on a dry basis; and %EA is calculated by 

equation 296.401-2: 

 %EA = (%O2 - 0.5%CO) × 100 

 0.264%N2 - (%O2 - 0.5%CO 

 Equation 296.401-2 

(4) Biological Waste Incinerators. 

(a) Applicability. The requirements of this subsection apply to all biological waste incinerator units. 

1. Any biological waste incinerator unit that is also regulated as a hospital/medical/infectious waste incinerator 

under 40 CFR Part 60, Subpart Ec or Ce, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be 

constructed and operated so as to comply with all standards, limitations, and requirements of the applicable Subpart, 

and with the requirements of paragraphs 62-296.401(4)(b)-(f), F.A.C., to the extent that such requirements are 

stricter than, or supplemental to, the requirements of the applicable Subpart. 

2. Any biological waste incinerator unit that is not regulated as a hospital/medical/infectious waste incinerator 

under 40 CFR Part 60, Subpart Ec or Ce, shall be constructed and operated so as to comply with all requirements of 

paragraphs 62-296.401(4)(b)-(f), F.A.C. 

3. This subsection does not apply to human or animal crematories. 

(b) Emission Limiting Standards. 

1. For any biological waste incinerator unit with a capacity less than fifty (50) tons per day, visible emissions 

shall not exceed five percent (5%) opacity, six (6) minute average, except that visible emissions not exceeding 

fifteen percent (15%) opacity shall be allowed for up to six (6) minutes in any one (1) hour period. 

2. For any unit with a capacity equal to or less than 500 pounds per hour: 

a. Particulate matter emissions shall not exceed 0.100 grains per dry standard cubic foot of flue gas, corrected to 
403 

7% O2. 

b. Hydrochloric acid (HCl) emissions shall not exceed 4.0 pounds per hour. 

3. For any unit with a capacity greater than 500 pounds per hour, but less than or equal to 2,000 pounds per 

hour: 

a. Particulate matter emissions shall not exceed 0.030 grains per dry standard cubic foot of flue gas, corrected to 

7% O2. 

b. Hydrochloric acid (HCl) emissions shall not exceed 4.0 pounds per hour; or shall be reduced by 90% by 

weight on an hourly average basis. 

4. For any unit with a capacity greater than 2000 pounds per hour: 

a. Particulate matter emissions shall not exceed 0.020 grains per dry standard cubic foot of flue gas, corrected to 

7% O2. 

b. Hydrochloric acid (HCl) emissions shall not exceed fifty (50) parts per million by volume, dry basis, 

corrected to seven percent (7%) O2 on a three (3) hour average basis. As an alternative to this HC1 limit, the HC1 

emission produced by the unit shall be reduced, by its air pollution control equipment, by at least ninety percent 

(90%) by weight on an hourly average basis. 

5. For any unit, carbon monoxide emissions (CO) shall not exceed 100 parts per million by volume, dry 

basis, corrected to 7% O2 on an hourly average basis. 

(c) Design and Operating Requirements. All biological waste incineration units, shall be constructed and 

operated so as to comply with the following design, operating, monitoring and operator training requirements. 

1. The unit shall operate with a combustion zone design temperature of no less than 1800 degrees Fahrenheit for 

at least a 1.0 second gas residence time in the secondary (or last) combustion chamber. The primary chamber and 

stack volumes shall not be utilized in calculating this residence time. 

2. Mechanically fed units shall incorporate an air lock system to prevent opening the incinerator to the room 

environment. The volume of the loading system shall be designed to prevent overcharging, thereby assuring 

complete combustion of the waste. 

3. Incineration or ignition of waste shall not begin until the secondary (or last) combustion chamber temperature 

requirement is attained. All air pollution control and continuous emission monitoring equipment shall be operational 

and functioning properly prior to the incineration or ignition of waste and until all the wastes are incinerated. The 

secondary (or last) combustion chamber temperature requirement shall be maintained until the wastes are 

completely combusted. 

4. The owner or operator is advised to contact the Department of Health regarding requirements that may apply 

to any proposed burning of radioactive waste. 

5. The owner or operator is advised to contact the Department’s Division of Waste Management regarding 

requirements that may apply to any proposed burning of hazardous waste. 

6. Each operator of the unit shall successfully complete a training program meeting the requirements of 40 CFR 

60.53c(c) and the annual refresher training course requirements of 40 CFR 60.53c(f), adopted and incorporated by 

reference at Rule 62-204.800, F.A.C. 

a. If the incinerator is modified to the extent that a Department construction permit is required, the operators 

shall be retrained to operate the modified incinerator. 

b. An operator’s training certificate must be kept on file at the facility for the duration of the operator’s 

employment and for an additional two (2) years after termination of employment. The owner shall not allow the 

incinerator to be operated unless it is operated by an operator who has satisfactorily completed the required training 

program. 

(d) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection 

shall comply with the following requirements. All EPA reference test methods are described in 40 CFR Part 60, 

Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

1. The reference test method for visible emissions shall be EPA Method 9. 

2. The reference test method for carbon monoxide shall be EPA Method 10. 

3. The reference test method for oxygen shall be EPA Method 3 or 3A. 
404 

4. The reference test method for particulate emissions shall be EPA Method 5 or 26A. The minimum sample 

volume shall be thirty (30) dry standard cubic feet. 

5. The reference test method for hydrochloric acid shall be EPA Method 26 or 26A. 

6. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be 

reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C. 

(e) Frequency of Testing. 

1. The owner or operator of any biological waste incineration unit with a capacity equal to or less than 500 

pounds per hour shall: 

a. Have a performance test conducted for visible emissions prior to submitting the application for an initial air 

operation permit, and annually thereafter. 

b. Have performance tests conducted for particulate matter and hydrochloric acid prior to submitting the 

application for an initial or renewal air operation permit. 

2. The owner or operator of any biological waste incineration unit with a capacity greater than 500 pounds per 

hour shall: 

a. Have a performance test conducted for visible emissions prior to submitting the application for an initial air 

operation permit, and annually thereafter. 

b. Have performance tests conducted for particulate matter and hydrochloric acid prior to submitting the 

application for an initial air operation permit, and annually thereafter. 

(f) Continuous Emissions Monitoring Requirements. Each owner or operator of a biological waste incinerator 

unit shall install, operate, and maintain, in accordance with the manufacturer’s instructions, continuous emission 

monitoring equipment. 

1. The monitors shall record the following operating parameters: 

a. Secondary (or last) combustion chamber exit temperature. 

b. Oxygen (for facilities with a capacity greater than 500 pounds per hour). 

2. The owner or operator shall maintain a complete file of all measurements, including continuous emissions 

monitoring system, monitoring device, and performance testing measurements; all continuous emissions monitoring 

system performance evaluations; all continuous emissions monitoring system or monitoring device calibration 

checks; adjustments and maintenance performed on these systems or devices; and all other information required, 

recorded in a permanent legible form available for inspection. The file shall be retained for at least two (2) years 

following the date of such measurements, maintenance, reports and records. 

(5) Human Crematories. 

(a) Applicability. The requirements of this subsection apply to all human crematory units. 

(b) Emission Limiting Standards. 

1. Visible emissions shall not exceed 5% opacity, six-minute average, except that visible emissions not 

exceeding 15% opacity shall be allowed for up to six minutes in any one-hour period. 

2. Particulate matter emissions shall not exceed 0.080 grains per dry standard cubic foot of flue gas, corrected to 

7% O2. 

3. Carbon monoxide (CO) emissions shall not exceed 100 parts per million by volume, dry basis, corrected to 

7% O2 on an hourly average basis. 

(c) Operating Temperatures. 

1. The owner or operator of any proposed new crematory unit which submits either a complete application for a 

permit to construct the new unit or an initial air general permit registration for the new unit to the Department on or 

after August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber 

combustion zone to provide for at least a 1.0 second gas residence time at 1800 degrees Fahrenheit. This information 

shall be provided to the Department with the air construction permit application or air general permit registration 

form for the proposed new unit. The actual operating temperature of the secondary chamber combustion zone shall 

be no less than 1600 degrees Fahrenheit throughout the combustion process in the primary chamber. The primary 

chamber and stack volumes shall not be used in calculating this residence time. Except as provided in subparagraph 

62-296.401(5)(c)2., F.A.C., cremation in the primary chamber shall not begin unless the secondary chamber 
405 

combustion zone temperature is equal to or greater than 1600 degrees Fahrenheit. 

2. The owner or operator of any crematory unit for which construction began or for which a complete 

application for a permit to construct was received by the Department prior to August 30, 1989, shall maintain the 

actual operating temperature of the secondary chamber combustion zone at no less than 1400 degrees Fahrenheit 

throughout the combustion process in the primary chamber. Cremation in the primary chamber shall not begin 

unless the secondary chamber combustion zone temperature is equal to or greater than 1400 degrees Fahrenheit. 

(d) Allowed Materials. Human crematory units shall cremate only human or fetal remains with appropriate 

containers. The remains may be clothed. The containers shall contain no more than 0.5 percent by weight 

chlorinated plastics as demonstrated by the manufacturer’s data sheet. If containers are incinerated, documentation 

from the manufacturer certifying that they are composed of 0.5 percent or less by weight chlorinated plastics shall be 

kept on-file at the site for the duration of their use and for at least two (2) years after their use. No other material, 

including biomedical waste as defined in Rule 62-210.200, F.A.C., shall be incinerated. 

(e) Equipment Maintenance. All human crematory units shall be maintained in proper working order in 

accordance with the manufacturer’s specifications to ensure the integrity and efficiency of the equipment. If a 

crematory unit contains a defect that affects the integrity or efficiency of the unit, the unit shall be taken out of 

service. No person shall use or permit the use of that unit until it has been repaired or adjusted. Repair records on all 

crematory units shall be maintained onsite for at least two years. A written plan with operating procedures for 

startup, shutdown and malfunction of each crematory unit shall be maintained and followed during those events. 

Each unit’s burners shall be operated with a proper air-to-fuel ratio. If the unit so allows, the burners’ flame 

characteristics shall be visually checked at least once during each operating shift and adjusted when warranted by 

the visual checks. 

(f) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection 

shall comply with the following requirements. All EPA reference test methods are described in 40 CFR Part 60, 

Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

1. The reference test method for visible emissions shall be EPA Method 9. 

2. The reference test method for carbon monoxide shall be EPA Method 10. 

3. The reference test method for oxygen shall be EPA Method 3. 

4. The reference test method for particulate matter emissions shall be EPA Method 5. The minimum sample 

volume shall be thirty (30) dry standard cubic feet. 

5. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be 

reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C. 

(g) Operation During Emissions Test. Testing of emissions shall be conducted with the unit operating at a 

capacity of one (1) adult-sized cadaver. 

(h) Frequency of Testing. 

1. The owner or operator of any human crematory unit using an air general permit shall have a performance test 

conducted for visible emissions no later than thirty (30) days after the unit commences operation, and annually 

thereafter. 

2. The owner or operator of any human crematory unit operating under the authority of an air construction 

permit or air operation permit shall have a performance test conducted for visible emissions prior to submitting the 

application for an initial air operation permit, and annually thereafter. 

3. The owner or operator of any human crematory unit shall not be required to have performance tests 

conducted for carbon monoxide and particulate matter, except as provided at paragraph 62-297.310(7)(b), F.A.C. 

(i) Continuous Monitoring Requirements. Each crematory unit shall be equipped and operated with a 

continuous monitor to record temperature at the point or beyond where 1.0 second gas residence time is obtained in 

the secondary chamber combustion zone in accordance with the manufacturer’s instructions. In addition, each 

crematory unit installed after February 1, 2007, shall be equipped and operated with a pollutant monitoring system 

to automatically control combustion based on continuous in-stack opacity measurement. Such system shall be 

calibrated to restrict combustion in the primary chamber whenever any opacity exceeding 15% opacity is occurring. 

A complete file of all temperature measurements; all continuous monitoring systems, monitoring devices, and 
406 

performance testing measurements; all continuous monitoring system performance evaluations; all continuous 

monitoring system or monitoring device calibration checks; and all adjustments, preventive maintenance, and 

corrective maintenance performed on these systems or devices, shall be recorded in a permanent legible form 

available for inspection. Continuous temperature monitoring documentation shall include operator name, operator 

indication of when cremation in the primary chamber was begun, date, time, and temperature markings. Pollutant 

monitoring system documentation shall include indication of when the opacity measurement system was cleaned 

and checked for proper operation in accordance with the manufacturer’s recommended maintenance schedule. The 

file shall be retained for at least two (2) years following the recording of such measurements, maintenance, reports, 

and records. 

(6) Animal Crematories. 

(a) Applicability. The requirements of this subsection apply to all animal crematory units. 

(b) Emission Limiting Standards. 

1. Visible emissions shall not exceed five percent (5%) opacity, six (6) minute average, except that visible 

emissions not exceeding fifteen percent (15%) opacity shall be allowed for up to six (6) minutes in any one (1) hour 

period. 

2. Particulate matter emissions shall not exceed 0.080 grains per dry standard cubic foot of flue gas, corrected to 

7% O2 . 

3. Carbon Monoxide (CO) emissions shall not exceed 100 parts per million by volume, dry basis, corrected to 

7% O2 on an hourly average basis. 

(c) Operating Temperatures. 

1. The owner or operator of any proposed new crematory unit which submits either a complete application for a 

permit to construct the new unit or an initial air general permit registration for the new unit to the Department on or 

after August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber 

combustion zone to provide for at least a 1.0 second gas residence time at 1800 degrees Fahrenheit. This information 

shall be provided to the Department with the air construction permit application or air general permit registration 

form for the proposed new unit. The actual operating temperature of the secondary chamber combustion zone shall 

be no less than 1600 degrees Fahrenheit throughout the combustion process in the primary chamber. The primary 

chamber and stack volumes shall not be used in calculating this residence time. Except as provided in subparagraph 

62-296.401(6)(c)2., F.A.C., cremation in the primary chamber shall not begin unless the secondary chamber 

combustion zone temperature is equal to or greater than 1600 degrees Fahrenheit. 

2. The owner or operator of any crematory unit for which construction began or for which a complete 

application for a permit to construct was received by the Department prior to August 30, 1989, shall maintain the 

actual operating temperature of the secondary chamber combustion zone at no less than 1400 degrees Fahrenheit 

throughout the combustion process in the primary chamber. Cremation in the primary chamber shall not begin 

unless the secondary chamber combustion zone temperature is equal to or greater than 1400 degrees Fahrenheit. 

(d) Allowed Materials. Animal crematory units shall cremate only animal remains and, if applicable, the 

bedding associated with the animals and appropriate containers. Containers shall contain no more than 0.5 percent 

by weight chlorinated plastics as demonstrated by the manufacturer’s data sheet. If containers are incinerated, 

documentation from the manufacturers certifying that they are composed of 0.5 percent or less by weight chlorinated 

plastics shall be kept on-file at the site for the duration of their use and for at least two (2) years after their use. 

Animal crematory units shall not cremate dead animals which were used for medical or commercial 

experimentation. No other material, including biomedical waste as defined in Rule 62-210.200, F.A.C., shall be 

incinerated. 

(e) Equipment Maintenance. All animal crematory units shall be maintained in proper working order in 

accordance with the manufacturer’s specifications to ensure the integrity and efficiency of the equipment. If a 

crematory unit contains a defect that affects the integrity of the unit, the unit shall be taken out of service. No person 

shall use or permit the use of that unit until it has been repaired or adjusted. Repair records on all crematory units 

shall be maintained onsite for at least two (2) years. A written plan with operating procedures for startup, shutdown 

and malfunction of each crematory unit shall be maintained and followed during those events. Each unit’s burners 
407 

shall be operated with a proper air-to-fuel ratio. If the unit so allows, the burners’ flame characteristics shall be 

visually checked at least once during each operating shift and adjusted when warranted by the visual checks. 

(f) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection 

shall comply with the following requirements. All EPA reference test methods are described in 40 CFR Part 60, 

Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

1. The reference test method for visible emissions shall be EPA Method 9. 

2. The reference test method for carbon monoxide shall be EPA Method 10. 

3. The reference test method for oxygen shall be EPA Method 3. 

4. The reference test method for particulate matter emissions shall be EPA Method 5. The minimum sample 

volume shall be thirty (30) dry standard cubic feet. 

5. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be 

reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C. 

(g) Operation During Emissions Test. Testing of emissions shall be conducted with the unit operating at a 

capacity that is representative of normal operations and is not greater than the manufacturer’s recommended 

capacity. The operating capacity shall be a batch load, in pounds, for a batch animal crematory unit and a charging 

rate, in pounds per hour, for a ram-charged animal crematory unit. 

(h) Frequency of Testing. 

1. The owner or operator of any animal crematory unit using an air general permit shall have a performance test 

conducted for visible emissions no later than thirty (30) days after the unit commences operation, and annually 

thereafter. 

2. The owner or operator of any animal crematory unit with a capacity of less than 500 pounds per hour and 

operating under the authority of an air construction permit or air operation permit shall have a performance test 

conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually 

thereafter. 

3. The owner or operator of any animal crematory unit with a capacity of less than 500 pounds per hour shall 

not be required to have performance tests conducted for carbon monoxide and particulate matter, except as provided 

at paragraph 62-297.310(7)(b), F.A.C. 

4. The owner or operator of any animal crematory unit with a capacity of 500 pounds per hour or more shall 

have performance tests conducted for visible emissions, carbon monoxide, and particulate matter prior to submitting 

the application for an initial air operation permit, and annually thereafter. 

(i) Continuous Monitoring Requirements. Each animal crematory unit shall be equipped and operated with a 

continuous monitor to record temperature at the point or beyond where 1.0 second gas residence time is obtained in 

the secondary chamber combustion zone in accordance with the manufacturer’s instructions. In addition, each 

crematory unit installed after February 1, 2007, shall be equipped and operated with a pollutant monitoring system 

to automatically control combustion based on continuous in-stack opacity measurement. Such system shall be 

calibrated to restrict combustion in the primary chamber whenever any opacity exceeding fifteen percent (15%) 

opacity is occurring. A complete file of all temperature measurements; all continuous monitoring system, 

monitoring device, and performance testing measurements; all continuous monitoring system performance 

evaluations; all continuous monitoring system or monitoring device calibration checks; and all adjustments, 

preventive maintenance, and corrective maintenance performed on these systems or devices, shall be recorded in a 

permanent legible form available for inspection. Continuous temperature monitoring documentation shall include 

operator name, operator indication of when cremation in the primary chamber was begun, date, time, and 

temperature markings. Pollutant monitoring system documentation shall include indication of when the opacity 

measurement system was cleaned and checked for proper operation in accordance with the manufacturer’s 

recommended maintenance schedule. The file shall be retained for at least two (2) years following the recording of 

such measurements, maintenance, reports, and records. 

(7) Air Curtain Incinerators. 

(a) Applicability. 
408 

1. Any air curtain incinerator subject to 40 CFR Part 60, Subpart AAAA, BBBB, CCCC, DDDD or EEEE, 

adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be constructed and operated so as to 

comply with all standards, limitations, and requirements of the applicable subpart, and with the requirements of 

paragraph 62-296.401(7)(b), F.A.C., to the extent that those requirements are stricter than, or supplemental to, 

the requirements of the applicable subpart. 

2. Any air curtain incinerator not subject to any subpart of 40 CFR Part 60 and not claiming the exemption from 

air permitting at subsection 62-210.300(3), F.A.C., shall be constructed and operated so as to comply with the 

requirements of paragraph 62-296.401(7)(b), F.A.C. 

(b) Operating Requirements. 

1. Outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, six (6) minute 

average. During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to 

thirty-five percent (35%), averaged over a six (6) minute period, shall be allowed. The general excess emissions 

rule, Rule 62-210.700, F.A.C., shall not apply. 

2. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and 

maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with 

sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of 

emission. The following dimensions for the pit must be strictly adhered to: no more than twelve feet (12') wide, 

between eight feet (8') and fifteen (15') feet deep, and no longer than the length of the manifold. The pit shall not be 

dug within a previously active portion of a landfill. 

3. Except as provided herein and at subparagraph 4., the only materials that shall be burned in the air curtain 

incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be 

used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury-containing devices, 

pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, 

garbage, trash or other material prohibited to be open burned as set forth in subsection 62-256.300(2), F.A.C. Only 

kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or 

liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, 

gasoline, or tires to start the fire is prohibited. 

4. Notwithstanding the provisions of subparagraph 3., the air curtain incinerator may be used for the destruction 

of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain 

incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. 

5. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one 

(1) hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain 

incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that 

documents daily beginning and ending times of charging. 

6. The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible 

within the incinerator. 

7. The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible 

structure, or paved public roadway. 

8. The material shall not be loaded into the air curtain incinerator such that it protrudes above the air curtain. 

9. Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the 

pit depth or to the point where the ash begins to impede combustion, whichever occurs first. 

10. An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all 

times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be 

made available to the Department or for an inspector’s onsite review upon request. 

(c) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection 

shall comply with the following requirements. 

1. The reference test method for visible emissions shall be EPA Method 9, as described at 40 CFR Part 60, 

Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 
409 

2. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be 

reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C. 

3. Records of the results of all initial and annual visible emissions tests shall be kept by the owner or operator in 

either paper copy or electronic format for at least five (5) years. These records shall be made available to the 

Department or for an inspector’s onsite review upon request. 

(d) Frequency of Testing. 

1. The owner or operator of any air curtain incinerator subject to this subsection shall have a performance test 

conducted for visible emissions prior to submitting the application for an initial air operation permit, and, except as 

provided at subparagraph 62-296.401(7)(d)2., F.A.C., annually thereafter. 

2. The owner or operator of any air curtain incinerator subject to this subsection and using an earthen trench 

shall have a performance test conducted for visible emissions no later than thirty (30) days after it commences 

operation at any new trench location, and annually thereafter. However, if the air curtain incinerator will be operated 

for less than thirty (30) days at the new trench location, and the owner or operator has demonstrated compliance 

with the emissions limiting standards of paragraph 62-296.401(7)(b), F.A.C., through a visible emissions test 

conducted and submitted to the Department within the previous twelve (12) months, the requirement for testing 

within thirty (30) days of commencing operation at the new trench location shall not apply. 

Specific Authority 403.061, 403.716 FS. Law Implemented 403.031, 403.061, 403.087, 403.716, 470.025 FS. History–Formerly 

17-2.600(1), Amended 12-2-92, Formerly 17-296.401, Amended 11-23-94, 1-1-96, 3-13-96, 11-13-97, 1-10-07. 

62-296.402 Sulfuric Acid Plants. 

(1) Existing Plants. 

(a) Florida portion of the Jacksonville, Florida – Brunswick, Georgia, Interstate Air Quality Control Region as 

defined in 40 C.F.R. Section 81.91. 

1. Visible Emissions – ten percent opacity. 

2. Sulfur Dioxide – 29 pounds per ton of 100 percent acid produced. 

3. Acid Mist – 0.5 pounds per ton of 100 percent acid produced. 

(b) All other areas of the State of Florida. 

1. Visible Emissions – ten percent opacity. 

2. Sulfur Dioxide – 10 pounds per ton of 100 percent acid produced. 

3. Acid Mist – 0.3 pounds per ton of 100 percent acid produced. 

(2) New Plants. 

(a) Visible emissions – ten percent opacity. 

(b) Sulfur Dioxide – four pounds per ton of 100 percent acid produced. 

(c) Acid Mist – 0.15 pounds per ton of 100 percent acid produced. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62-297, F.A.C. 

(b) The test method for acid mist/sulfur dioxide shall be EPA Method 8, incorporated and adopted by reference 

in Chapter 62-297, F.A.C. The minimum sample volume shall be 40 dry standard cubic feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(4) Continuous Emissions Monitoring Requirements. Each owner or operator of a sulfuric acid plant shall 

install, calibrate, operate and maintain a continuous monitoring system for continuously monitoring the pollutants 

specified in this subsection. Performance specifications, location of monitor, data requirements, data reduction and 

reporting requirements, shall conform with the requirements of 40 C.F.R. Part 51, Appendix P, adopted and 

incorporated by reference in subsection 62-204.800(2), F.A.C.; and 40 C.F.R. Part 60, Appendix B, adopted by 

reference in subsection 62-204.800(7), F.A.C., for existing and new emissions units provided, however, any 

alternative procedure (as specified in Section 3.9, 40 C.F.R. Part 51, Appendix P) or special consideration (as 

specified in Section 6.0, 40 C.F.R. Part 51, Appendix P) shall be incorporated in the Department’s air permit for the 

emissions unit and submitted to the U.S. Environmental Protection Agency as a proposed revision to the State 
410 

Implementation Plan. 

(a) Facilities greater than 300 tons per day production capacity, expressed as 100% acid, shall install continuous 

monitoring systems for the measurement of sulfur dioxide emissions for each sulfuric acid emission source. 

(b) Where two or more emissions units emit through a common stack, continuous monitoring systems, if 

required, shall be installed on each emissions unit prior to combination of the emission. 

(5) Quarterly Reporting Requirements. The owners or operators of facilities for which monitoring is required 

shall submit to the Department a written report of emissions in excess of emission limiting standards as set forth in 

Rule 62-296.402, F.A.C., for each calendar quarter. The nature and cause of the excessive emissions shall be 

explained. This report does not relieve the owner or operator of the legal liability for violations. All recorded data 

shall be maintained on file by the Source for a period of two years. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(2), 17-

296.402, Amended 11-23-94, 1-1-96, 3-13-96. 

62-296.403 Phosphate Processing. 

Fluorides (water soluble or gaseous atomic weight 19) expressed as pounds of fluoride per ton of phosphate 

materials input to the system expressed as tons of P2O5. 

(1) New Plants or Plant Sections. 

(a) Wet process phosphoric acid production and auxiliary equipment – 0.02 pounds. 

(b) Run-of-pile triple super phosphate (TSP) mixing belt and den and auxiliary equipment – 0.05 pounds. 

(c) Run-of-pile TSP curing or storage process and auxiliary equipment – 0.12 pounds. 

(d) Granular triple super phosphate (GTSP) production and auxiliary equipment. 

1. GTSP made by granulating run-of-pile TSP – 0.06 pounds. 

2. GTSP made from phosphoric acid and phosphate rock slurry – 0.15 pounds. 

(e) GTSP storage and auxiliary equipment – 0.05 pounds. 

(f) Diammonium phosphate production and auxiliary equipment – 0.06 pounds. 

(g) Calcining or other thermal phosphate rock processing and auxiliary equipment excepting phosphate rock 

drying and defluorinating – 0.05 pounds. 

(h) Defluorinating phosphate rock by thermal processing and auxiliary equipment – 0.37 pounds. 

(i) All plants, plant sections or unit operations and auxiliary equipment not listed in paragraphs (a) through (h) 

above must use the best available control technology. 

(2) Existing plants or plant sections shall comply with subsection 62-296.403(1), F.A.C., no later than July 1, 

1975; or existing plant complexes with an operating wet process phosphoric acid section (including any items in 

paragraphs 62-296.403(1)(a) through (f), F.A.C.) and other plant sections processing or handling phosphoric acid or 

products of phosphoric acid processing, total emissions from the entire complex shall not exceed 0.4 pounds per ton 

of P2O5 input to the wet process phosphoric acid section. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for fluoride emissions shall be EPA Method 13A or EPA Method 13B, incorporated and 

adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(3), 17-

296.403, Amended 11-23-94, 1-1-96, 3-13-96. 

62-296.404 Kraft (Sulfate) Pulp Mills and Tall Oil Plants. 

The provisions of this rule that apply to tall oil plants within Kraft (Sulfate) Pulp Mills also apply to tall oil plants 

that are located in a separate facility. In the case of separate tall oil plants, phrases such as “the owner or operator of 

a kraft pulp mill” shall be construed to read “the owner or operator of a tall oil plant.” 

(1) Visible Emissions. 

(a) Kraft Recovery Furnaces Equipped with Dry Collectors – 45 percent opacity, six minute average, except: 
411 

1. Visible emissions of up to 60 percent opacity shall be allowed for one six-minute period during any hour; or 

2. If the emissions unit is equipped with a certified continuous emission monitoring device for measuring 

opacity, then the monitoring results shall be reported to the Department quarterly in the form of an excess emissions 

report, and visible emissions in excess of 45 percent opacity shall be allowed for up to six percent of the total 

number of possible contiguous periods of excess emissions in a quarter (excluding periods of startup, shutdown, or 

malfunction and periods when the emissions unit is not operating). The continuous emission monitoring device shall 

be certified, calibrated, and operated according to the procedures for opacity monitors contained in 40 C.F.R. 60. 

(b) (Reserved). 

(c) (Reserved). 

(2) Particulate Matter. 

(a) Kraft Recovery Furnaces – three pounds per each 3000 pounds of black liquor solids fed. 

(b) Visible emission limits for kraft pulp mill emissions units equipped with wet scrubbers shall be effective 

only if the visible emission measurement can be made without being substantially affected by plume mixing or 

moisture condensation. If the Department determines that visible emissions exceed 20 percent opacity, a special 

compliance test may be required in accordance with subsection 62-297.340(2), F.A.C. 

(3) Total Reduced Sulfur (TRS). 

(a) Digester Systems, Multiple Effect Evaporator Systems, Condensate Stripper Systems. 

1. Gaseous emissions shall be collected and incinerated in a lime kiln or calciner meeting the requirements of 

either paragraph 62-296.404(3)(e), F.A.C., or subsection 62-204.800(7), F.A.C., or a kraft recovery furnace meeting 

the requirements of paragraph 62-296.404(3)(c), F.A.C., or subsection 62-204.800(7), F.A.C., or a combustion 

device meeting the requirements of either paragraph 62-296.404(3)(f), F.A.C., or subsection 62-204.800(7), F.A.C., 

or; 

2. 5 ppm by volume on a dry basis at standard conditions corrected to the actual oxygen content of the untreated 

flue gas stream as a 12-hour average if a means other than incineration in a combustion device pursuant to 

subparagraph 62-296.404(3)(a)1., F.A.C., is used to control gaseous emissions of total reduced sulfur. 

3. Total reduced sulfur emissions shall not be vented to the atmosphere at any point connected to or between the 

emissions unit and the control device except in the event of an emergency that presents a danger to life or property, 

or during those times when the control device is shut down for essential maintenance. The owner or operator of the 

affected facility shall develop a contingency plan, acceptable to the Department, for such circumstances. The plan 

shall include definitions of what constitutes essential maintenance and a reportable venting incident. The plan shall 

also include an evaluation of feasible means of controlling or mitigating the impact of total reduced sulfur when a 

control device or piece of process equipment that is used to control total reduced sulfur emissions is inoperative, and 

an assessment of the use of back-up control devices. Once approved by the Department, the plan shall become a 

modification to the operation permits for affected emissions units and its provisions shall be followed whenever a 

shutdown occurs. The time allowed for venting shall be as short as possible and limited to the time required to effect 

the required maintenance. In no event shall the cumulative time exceed ten days in any annual period unless 

authorized by the Secretary or the Secretary’s designee. These provisions supplement the provisions of Rule 62-

210.700, F.A.C., which shall also apply where not in direct conflict with this provision. 

Normal excess or erratic pressures shall be controlled in such a manner as to prevent the release of uncontrolled 

gaseous emissions. 

In the event that venting of uncontrolled total reduced sulfur emissions does occur the owner or operator shall notify 

the Department verbally by the close of the Department’s next working day. The owner shall provide the 

Department with a written report as required by Rule 62-210.700, F.A.C. If the next quarterly report is due to the 

Department sooner than 30 days after the first day of a reportable venting incident, the report on that incident may 

be filed with the quarterly reports for the following quarter. 

4. Emissions units subject to this rule shall also comply with subsection 62-2.960(1), F.A.C. (Compliance 

Schedules). Digester systems and multiple effect evaporator systems shall also comply with applicable continuous 

emissions monitoring requirements of subsection 62-296.404(5), F.A.C., if a technology other than incineration is 

used. 
412 

(b) Tall Oil Plants. Gaseous emissions shall be collected and incinerated in a lime kiln or calciner meeting the 

requirements of paragraph 62-296.404(3)(e), F.A.C., or subsection 62-204.800(7), F.A.C., or a kraft recovery 

furnace meeting the requirements of paragraph 62-296.404(3)(c), F.A.C., or subsection 62-296.800(7), F.A.C., or a 

combustion device meeting the requirements of paragraph 62-296.404(3)(f), F.A.C., or subsection 62-204.800(7), 

F.A.C., or; 

1. 0.05 pound per ton of crude tall oil produced as a 12-hour average. 

2. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring 

requirements of subsections 62-296.404(5) and 62-2.960(1), F.A.C. (Compliance Schedules). 

(c) Kraft Recovery Furnaces. 

1. Straight kraft recovery furnaces. 

a. Old design kraft recovery furnaces, new design kraft recovery furnaces that are not direct-fired, and new 

design direct-fired suspension-burning kraft recovery furnaces – 17.5 ppm by volume on a dry basis at standard 

conditions corrected to 8 percent oxygen as a 12-hour average. 

b. New design direct-fired kraft recovery furnaces that are not direct-fired suspension-burning kraft recovery 

furnaces – 5 ppm by volume on a dry basis at standard conditions corrected to 8 percent oxygen as a 12-hour 

average. 

c. Any straight kraft recovery furnace shall comply with the total reduced sulfur emissions limit for cross 

recovery furnaces whenever the green liquor sulfidity exceeds 28 percent and the black liquor being burned contains 

an average of more than 7 weight percent solids originating from the neutral sulfite semichemical (NSSC) process, 

based on the average of all previous 12-hour averages during the quarter. 

2. Cross recovery furnaces – 25 ppm by volume on a dry basis at standard conditions corrected to 8 percent 

oxygen as a 12-hour average. Any cross recovery furnace shall comply with the total reduced sulfur emissions limit 

for straight kraft recovery furnaces whenever the green liquor sulfidity is less than or equal to 28 percent or the 

black liquor being burned contains an average of 7 weight percent or less solids originating from the neutral sulfite 

semichemical (NSSC) process, based on the average of all previous 12-hour averages during the quarter. 

3. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring 

requirements of subsections 62-296.404(5) and 62-2.960(1), F.A.C. (Compliance Schedules). 

(d) Smelt Dissolving Tank Vents. 

1. 0.0480 pound per each 3000 pounds black liquor solids as hydrogen sulfide (H2S). 

2. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring 

requirements of subsections 62-296.404(5) and 62-2.960(1), F.A.C. (Compliance Schedules). 

(e) Lime Kilns and Calciners. 

1. 20 ppm by volume on a dry basis at standard conditions corrected to 10 percent oxygen as a 12-hour average. 

2. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring 

requirements of subsections 62-296.404(5) and 62-2.960(1), F.A.C. (Compliance Schedules). 

(f) Other Combustion Devices Used to Incinerate Total Reduced Sulfur Emissions. 

1. 5 ppm by volume on a dry basis at standard conditions corrected to 10 percent oxygen as a 12-hour average. 

2. Emissions units subject to this provision may include but shall not be limited to power boilers, carbonaceous 

fuel burning equipment and incinerators. 

3. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring 

requirements of subsections 62-296.404(5) and 62-2.960(1), F.A.C. (Compliance Schedules). 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Kraft Recovery Furnaces. 

1. The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

2. The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. The minimum sample volume shall be 32 dry standard cubic feet. For EPA Method 5, the 

filter temperature must not exceed 320 degrees Fahrenheit. EPA Method 17 may be used if stack temperature is less 
413 

than 400 degrees Fahrenheit. An adjustment of 0.004 grains per dry standard cubic foot shall be added to the test 

results when using Method 17. A water wash shall be used with either method. 

3. The test method for TRS shall be EPA Method 16 or EPA Method 16A or EPA Method 16B, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. EPA Method 16 or EPA Method 16A pursuant to subsection 

62-297.401(16), F.A.C., shall be required for instrument certification and compliance testing. 

(b) Lime Kilns and Calciners. 

1. The particulate emissions test method for scrubber controlled emissions units shall be EPA Method 5, 

incorporated and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 32 dry 

standard cubic feet. A water wash shall be used. 

2. The particulate emissions test method for dry control emissions units shall be EPA Method 5, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 32 dry standard cubic 

feet. An acetone wash shall be used. 

3. The test method for TRS shall be EPA Method 16 or EPA Method 16A or EPA Method 16B, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. EPA Method 16 or EPA Method 16A pursuant to subsection 

62-297.401(16), F.A.C., shall be required for instrument certification and compliance testing. 

(c) Smelt Dissolving Tank Vents. 

1. The particulate emissions test method for scrubber controlled emissions units shall be EPA Method 5, 

incorporated and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 32 dry 

standard cubic feet. A water wash shall be used. 

2. The particulate emissions test method for dry control emissions units shall be EPA Method 5, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 32 dry standard cubic 

feet. An acetone wash shall be used. 

3. The test method for TRS shall be EPA Method 16 or EPA Method 16A or EPA Method 16B, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. EPA Method 16 or EPA Method 16A pursuant to subsection 

62-297.401(16), F.A.C., shall be required for instrument certification and compliance testing. 

(d) The TRS test method for tall oil plants shall be EPA Method 16 or EPA Method 16A or EPA Method 16B, 

incorporated and adopted by reference in Chapter 62-297, F.A.C. EPA Method 16 or EPA Method 16A pursuant to 

subsection 62-297.401(16), F.A.C., shall be required for instrument certification and compliance testing. 

(e) Other Combustion Devices used to Incinerate TRS. 

1. The particulate emissions test method for scrubber controlled emissions units shall be EPA Method 5, 

incorporated and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 32 dry 

standard cubic feet. A water wash shall be used. 

2. The particulate emissions test method for dry control emissions units shall be EPA Method 5, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 32 dry standard cubic 

feet. An acetone wash shall be used. 

3. The test method for TRS shall be EPA Method 16 or EPA Method 16A or EPA Method 16B, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. EPA Method 16 or EPA Method 16A pursuant to subsection 

62-297.401(16), F.A.C., shall be required for instrument certification and compliance testing. 

(f) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(5) Continuous Emissions Monitoring Requirements. Each owner or operator of a kraft (sulfate) pulp mill or tall 

oil plant shall install continuous monitoring systems for monitoring total reduced sulfur (TRS) emissions, or the 

performance of total reduced sulfur air pollution control systems as specified in this subsection. 

(a) Straight kraft recovery furnaces, whether new or old design, cross recovery furnaces, lime kilns and 

calciners, shall be equipped with total reduced sulfur continuous emissions monitoring systems as specified in 

paragraph 62-296.404(5)(b), F.A.C. All digester systems and multiple effect evaporator systems, shall be equipped 

with total reduced sulfur continuous emissions monitoring systems as specified in paragraph 62-296.404(5)(b), 

F.A.C. (Continuous Emission Monitoring), if a technology other than incineration is used. 

(b) Continuous determination of total reduced sulfur emissions. 

1. A total reduced sulfur continuous emissions monitoring system shall be installed, calibrated, certified and 
414 

operated pursuant to all of the following provisions: 

a. The continuous emissions monitoring system shall monitor and record the concentration of total reduced 

sulfur (TRS) emissions on a dry basis and the percentage of oxygen by volume on a dry basis. 

b. The continuous emissions monitoring system shall complete a minimum of one cycle of operation (sampling, 

analyzing, and data recording) for each successive 15-minute period. 

c. The continuous emissions monitoring system shall be located downstream of the control device such that 

representative measurements of process parameters can be obtained. 

d. The continuous emissions monitoring system shall be located, installed and certified pursuant to the 

provisions of 40 C.F.R. Part 60, Appendix B, Performance Specification 2 and Performance Specification 3, and 40 

C.F.R. Part 60, Appendix B, Performance Specification 5, which are adopted by reference in subsection 62-

204.800(7), F.A.C. The exception is that the phrase “or other approved alternative” in Section 3.2 of Performance 

Specification 5 is not adopted. For the purposes of compliance testing and certification of continuous emissions 

monitoring systems, 40 C.F.R. Part 60, Appendix A, Reference Method 16 and Method 16A, adopted by reference 

in subsection 62-204.800(7), F.A.C., are to be used. 

e. The continuous emissions monitoring system shall be in continuous operation, except when the emissions 

unit is not operating, or during system breakdowns, repairs, calibration checks, and zero and span adjustments. 

f. During any initial compliance tests conducted pursuant to Rule 62-296.404, F.A.C., or within 30 days 

thereafter, and at such times as there is reason to believe the system does not conform to the performance 

specifications under this rule (for example, equipment repairs, replacements, excessive drift and such), the owner or 

operator of any affected emissions unit shall conduct continuous monitoring system performance evaluations and 

furnish the Department, within sixty days thereof, two copies of a written report of the results of such tests. These 

continuous emissions monitoring systems performance evaluations shall be conducted in accordance with the 

requirements and procedures contained in sub-subparagraph 62-296.404(5)(b)1.d., F.A.C. 

g. The continuous emissions monitoring system shall have a maximum span value not to exceed: 

(i) A total reduced sulfur concentration of 30 ppm for the total reduced sulfur continuous emissions monitoring 

system on any new design direct-fired kraft recovery furnace that is not direct-fired, new design suspension-burning 

kraft recovery furnace, incinerator, digester system or multiple effect evaporator system. 

(ii) A total reduced sulfur concentration of 50 ppm for the total reduced sulfur continuous emissions monitoring 

system on any old design kraft recovery furnace, new design kraft recovery furnace that is not direct-fired, new 

design direct-fired suspension-burning kraft recovery furnace, cross recovery furnace, lime kiln or calciner. 

(iii) 20 percent oxygen for the continuous oxygen monitoring system. 

h. The continuous emissions monitoring system shall be checked by the owner or operator in accordance with a 

written procedure at least once daily and after any maintenance to the system. The owner or operator shall check the 

zero (or low level value between 0 and 20 percent of span value) and span (90 to 100 percent of span value) 

calibration drifts. The zero and span shall be adjusted, as a minimum, whenever the 24-hour zero drift or 24-hour 

span drift exceeds two times the limits of the applicable performance specifications referenced in sub-subpargraph 

62-296.404(5)(b)1.d., F.A.C. The system must allow the amount of excess zero and span drift measured at the 24-

hour interval checks to be recorded and quantified. 

2. The owner or operator of any total reduced sulfur emissions unit who is required to install a total reduced 

sulfur continuous emissions monitoring system pursuant to paragraph 62-296.404(5)(a), F.A.C., shall: 

a. Reduce all data to one-hour averages for each 60-minute period beginning on the hour. One-hour averages 

shall be computed from a minimum of four data points equally spaced over each one-hour period. Data recorded 

during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments shall not be 

included in the computation. Either an arithmetic or integrated average shall be used. The data output of the 

continuous emissions monitoring system may, at the owner’s or operator’s option, include a numerical format 

showing individual numerical readings and averages in addition to the required strip chart format with legible ink 

tracings and calibration information. All data output shall be clearly and properly identified by the operator. All 

system breakdowns, repairs, calibration checks, span adjustments and periods of excess emissions shall legibly 

appear on all data output. 
415 

b. Calculate and record on a daily basis the 12-hour average total reduced sulfur concentrations for two 

consecutive 12-hour periods of each operating day. Each 12-hour average shall be determined as the arithmetic 

mean of the appropriate 12 contiguous one-hour average total reduced sulfur concentrations provided by the 

continuous emissions monitoring system. 

c. Calculate and record on a daily basis 12-hour average oxygen concentrations for two consecutive 12-hour 

periods of each operating day. These 12-hour averages shall correspond to the 12-hour average total reduced sulfur 

concentrations from sub-subparagraph 62-296.404(5)(b)2.b., F.A.C., and shall be determined as an arithmetic mean 

of the appropriate 12 contiguous one-hour average oxygen concentrations provided by each continuous emissions 

monitoring system. 

d. Correct all 12-hour average total reduced sulfur (TRS) concentrations using the following equation: 

Ccorr = Cmeas (21 - X)/(21 - Y) 

where: 

Ccorr = the TRS concentration corrected for oxygen. 

Cmeas = the TRS concentration unconnected for oxygen. 

X = the volumetric oxygen concentration in percentage that the measured TRS concentration is to be corrected 

to (8 percent for all recovery furnaces and 10 percent for all lime kilns, incinerators or other devices, except those 

emissions units subject to subparagraph 62-296.404(3)(a)2. and paragraph 62-296.404(3)(b), F.A.C., which shall be 

corrected to the actual oxygen content of the untreated flue gas stream). 

Y = the measured 12-hour average volumetric oxygen concentration. 

e. The data shall be rounded to the same number of significant digits as the standard. 

(c) Incinerators subject to paragraph 62-296.404(3)(f), F.A.C., shall be equipped with devices to continuously 

monitor temperature at the point of combustion and oxygen. The temperature devices shall be certified by the 

manufacturer to be accurate to within + 1 percent of the temperature being measured. The oxygen monitors shall be 

certified by the manufacturer to be accurate to within 0.1 percent oxygen by volume. 

(d) The owner or operator of any kraft pulp mill shall provide the Department with a list of physical and 

chemical parameters for each regulated total reduced sulfur emissions unit that is not required to be equipped with a 

total reduced sulfur continuous monitor, which will be regularly monitored to demonstrate that the emissions unit is 

being operated in a manner that can reasonably be expected to result in compliance with the applicable total reduced 

sulfur emission limiting standards. The owner or operator shall provide information showing the correlation between 

the specific magnitudes of the specific surrogate parameters and the associated emissions of total reduced sulfur. 

The owner or operator shall recommend the frequency and method of monitoring for each parameter. The 

Department shall issue notice to the company pursuant to Chapter 62-103, F.A.C., that specifies the parameters that 

are to be monitored, the frequency of monitoring, and the parameter limits that must be maintained. The parameters, 

parameter limits and frequency of monitoring shall become a modification to the permit for each affected emissions 

unit. Excess emissions shall be deemed to occur if the parameters exceed the parameter limits specified in the 

permit. Such parameter limits may be in the form of the applicable total reduced sulfur emission standard, if an 

equation is used that estimates the 12-hour average total reduced sulfur emission rate based on the surrogate 

parameter values during each 12-hour averaging period; or the parameter limits may be in the form of specific 

parameter values that are not to be exceeded (or dropped below) more often than a specified period of time during 

each 12-hour averaging period. 

(6) Quarterly Reporting Requirements. The owner or operator of any digester system, multiple effect evaporator 

system, condensate stripper system, tall oil plant, kraft recovery furnace, lime kiln, calciner or other emissions unit 

subject to the provisions of subsection 62-296.404(5), F.A.C. (Continuous Monitoring Requirements), shall submit a 

written total reduced sulfur emissions and surrogate parameter data report to the Department postmarked by the 30th 

day following the end of each calendar quarter. 

(a) The report shall include the following information: 

1. The magnitude of excess emissions and the date and time of commencement and completion of each time 

period in which excess emissions occurred. 

2. Specific identification of each period of excess emissions that occurs including startups, shutdowns, and 
416 

malfunctions of the affected emissions unit. An explanation of the cause of each period of excess emissions, and any 

corrective action taken or preventive measures adopted. Excess emissions shall be all 12-hour periods for which the 

appropriate surrogate parameter data or total reduced sulfur continuous emissions monitoring data indicates that an 

applicable 12-hour average total reduced sulfur emission limiting standard for the emissions unit was exceeded. 

3. The date and time identifying each period during which each continuous emissions monitoring system used 

to measure total reduced sulfur emissions or surrogate parameters was inoperative except for zero and span checks, 

and the nature of the system repairs or adjustments. 

4. When no excess emissions have occurred or the continuous emissions monitoring system(s) have not been 

operative, or have been repaired or adjusted, such information shall be stated in the report. 

(b) Any owner or operator subject to the provisions of subsections 62-296.404(5) and (6), F.A.C., shall maintain 

a complete file of any measurements, including continuous emissions monitoring system, monitoring device, and 

performance testing measurements; any continuous emissions monitoring system performance evaluations; any 

continuous emissions monitoring system or monitoring device calibration checks; any adjustments and maintenance 

performed on these systems or devices; and any other information required, recorded in a permanent legible form 

available for inspection. The file shall be retained for at least three years following the date of such measurements, 

maintenance, reports and records. 

(c) Evaluation of Excess Emissions. The Department shall consider periods of excess emissions from any kraft 

recovery furnace, lime kiln, calciner or any other regulated TRS emissions unit to be evidence of improper operation 

and maintenance of the monitored emissions unit provided that: 

1. For kraft recovery furnaces subject to the emissions limits of paragraph 62-296.404(3)(c), F.A.C., the excess 

emissions occur during more than one percent of the total number of possible contiguous 12-hour periods of excess 

emissions in a calendar quarter rounded to the nearest whole number (excluding only the actual 12-hour periods 

during which a startup, shutdown or malfunction of the kraft recovery furnace occurred and only the actual 12-hour 

periods when the kraft recovery furnace was not operating), or 

2. For lime kilns and calciners subject to the emissions limits of paragraph 62-296.404(3)(e), F.A.C., the excess 

emissions occur during more than two percent of the total number of possible contiguous 12-hour periods of excess 

emissions in a calendar quarter rounded to the nearest whole number (excluding only the actual 12-hour periods 

during which a startup, shutdown or malfunction of the lime kiln, calciner, or their control equipment occurred and 

only the actual 12-hour periods when the lime kiln or calciner was not operating), or 

3. For other regulated non-NSPS total reduced sulfur emissions units, the excess emissions as indicated by the 

appropriate surrogate parameters occur during more than one percent of the total number of possible contiguous 12-

hour periods of excess emissions in a calendar quarter rounded to the nearest whole number (excluding only the 

actual 12-hour periods during which a startup, shutdown, or malfunction of the emissions unit or its control 

equipment occurred and only the actual 12-hour periods when the source was not operating), and 

4. The Department determines that the affected emissions unit, including air pollution control equipment, is not 

maintained and operated in a manner which is consistent with good air pollution control practices for minimizing 

emissions. Such determination shall be based on the failure of the owner or operator of the facility to provide 

records of maintenance and operation of the emissions unit and related equipment showing operation consistent with 

good air pollution control practices. Good air pollution control practices shall include: 

a. Operation of all equipment within permit limits for loading rates and other process parameters, 

b. An adequate preventive maintenance program based on manufacturer’s recommendations or other accepted 

industry practices, 

c. Training of personnel in the operation and maintenance of equipment, 

d. Visual and instrument inspections of equipment on a regular basis, and 

e. Maintenance of an adequate on-site, or readily available, supply of equipment for routine repairs. 

(d) The owner or operator of any kraft pulp mill or tall oil plant shall notify the Department in writing within 

fourteen days of the date on which periods of excess emissions exceed the percentages allowed by subparagraphs 

62-296.404(6)(c)1. through 3., F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(4), 17-
417 

296.404, Amended 11-23-94, 1-1-96, 3-13-96. 

62-296.405 Fossil Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat Input. 

(1) Existing Emissions Units. 

(a) Visible emissions – 20 percent opacity except for either one six-minute period per hour during which 

opacity shall not exceed 27 percent, or one two-minute period per hour during which opacity shall not exceed 40 

percent. The option selected shall be specified in the emissions unit’s construction and operation permits. Emissions 

units governed by this visible emission limit shall test for particulate emission compliance annually and as otherwise 

required by Chapter 62-297, F.A.C. 

Emissions units electing to test for particulate matter emission compliance quarterly shall be allowed visible 

emissions of 40 percent opacity. The results of such tests shall be submitted to the Department. Upon demonstration 

that the particulate standard has been regularly complied with, the Secretary, upon petition by the applicant, shall 

reduce the frequency of particulate testing to no less than once annually. 

(b) Particulate Matter – 0.1 pound per million Btu heat input, as measured by applicable compliance methods. 

(c) Sulfur Dioxide, as measured by applicable compliance methods. 

1. Emissions units burning liquid fuel. 

Stations – 2.5 pounds per million Btu heat input. 

a. Emissions units in Duval County with a nameplate generating capacity of greater than 250 MW which 

commenced operation prior to August 1, 1977 – 1.98 pounds per million Btu heat input. 

b. Emissions units in Duval County with a nameplate generating capacity of less than 160 MW which 

commenced operation prior to October 1, 1964 – 1.10 pounds per million Btu heat input. 

c. All other emissions units in Duval County – 1.65 pounds per million Btu heat input. 

d. Hillsborough County, emissions units south of State Highway 60 with a nameplate generating capacity of less 

than 100 MW which commenced operation prior to June 1, 1955 – 1.1 pounds per million Btu heat input. 

e. Escambia County, emissions units north of Interstate 10 with a nameplate generating capacity of less than 50 

MW which commenced operation prior to October 1, 1952 – 1.98 pounds per million Btu heat input. 

f. Escambia County, no emissions unit north of Interstate 10 with a rated heat input of 515 million Btu per hour 

or less for which a valid Department operating permit was issued prior to September 30, 1972 shall emit in the 

aggregate more than 57.5 tons per any 24 hour period. 

g. Manatee County, emissions units with a nameplate generating capacity of greater than 700 MW for which a 

valid Department operating permit was issued prior to January 1, 1979 – 1.1 pounds per million Btu heat input. 

h. Leon and Wakulla Counties, emissions units with a nameplate generating capacity of less than 260 MW for 

which a valid Department operating permit was issued prior to November 1, 1977 – 1.87 pounds per million Btu 

heat input. 

i. Dade, Broward, and Palm Beach Counties, emissions units with a nameplate generating capacity of less than 

170 MW which commenced operation prior to May 1, 1958 – 1.1 pounds per million Btu heat input, except in the 

event of a fuel or energy crisis declared by the Governor of Florida or the President of the United States – 2.75 

pounds per million Btu heat input. Notification concerning the quantity and estimated duration of the increase in 

emissions shall be given to the Department prior to burning the higher sulfur fuel. 

j. All other areas of the State – 2.75 pounds per million Btu heat input. 

2. Emissions units burning solid fuel. 

a. Hillsborough County, no emissions unit with a nameplate generating capacity of greater than 120 MW which 

commenced operation prior to November 1, 1967, shall emit more than 2.4 pounds of sulfur dioxide per million Btu 

heat input on a weekly average nor shall a group of such emissions units located on one or more contiguous or 

adjacent properties and which are under common control emit more than 10.6 tons per hour of sulfur dioxide on a 

weekly average. A plan for assuring compliance with Florida Ambient Air Quality Standards will be incorporated 

into the revised operating permit for such emissions units. 

b. Hillsborough County, no emissions unit with a nameplate generating capacity of greater than 400 MW which 

commenced operation after November 1, 1967, and prior to June 1, 1976, shall emit in total more than 6.5 pounds of 

sulfur dioxide per million Btu heat input on a two hour average nor shall a group of such emissions units located on 
418 

one or more contiguous or adjacent properties and which are under common control emit more than 31.5 tons per 

hour of sulfur dioxide on a three hour average and 25 tons per hour of sulfur dioxide on a 24 hour average. 

c. Escambia County, emissions units north of Interstate 10 with a nameplate generating capacity of more than 

50 MW which commenced operation prior to September 1, 1973 – 5.90 pounds per million Btu heat input. 

d. All other areas of the State – 6.17 pounds per million Btu heat input. 

3. Owners of fossil fuel steam generators shall monitor their emissions and the effects of the emissions on 

ambient concentrations of sulfur dioxide, in a manner, frequency, and locations approved, and deemed reasonably 

necessary and ordered by the Department. 

(d) Nitrogen Oxides (expressed as NO2) – as measured by applicable compliance methods. 

1. Duval County, emissions units with a nameplate generating capacity of greater than 450 MW which 

commenced operation prior to August 1, 1977 – 0.30 pounds per million Btu heat input. 

2. Manatee County, emissions units with a nameplate generating capacity of greater than 700 MW for which a 

valid Department operating permit was issued prior to January 1, 1979 – 0.30 pounds per million Btu heat input. 

3. Leon County, emissions units with a nameplate generating capacity of greater than 200 MW for which a valid 

Department operating permit was issued prior to November 1, 1977 – 0.30 pounds per million Btu heat input. 

4. Hillsborough County, emissions units with a nameplate generating capacity of greater than 400 MW which 

commenced operation after January 1, 1976 and prior to January 1, 1985 – 0.70 pounds per million Btu heat input. 

(e) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

1. The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62-297, F.A.C. In lieu 

of Method 9 testing, a transmissometer utilizing a 6-minute block average for opacity measurement may be used, 

provided such transmissometer is installed, certified, calibrated, operated and maintained in accordance with the 

provisions of 40 C.F.R. Part 75. 

2. The test methods for particulate emissions shall be EPA Methods 17, 5, 5B, or 5F, incorporated and adopted 

by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. EPA 

Method 5 may be used with filter temperature at no more than 320 degrees Fahrenheit. For EPA Method 17, stack 

temperature shall be less than 375 degrees Fahrenheit. The owner or operator may use EPA Method 5 to 

demonstrate compliance. EPA Method 3 or 3A with Orsat analysis shall be used when the oxygen base F-factor 

computed according to EPA Method 19 is used in lieu of heat input. Acetone wash shall be used with EPA Method 

5 or 17. 

3. The test methods for sulfur dioxide emissions shall be EPA Methods 6, 6A, 6B or 6C, incorporated in 

Chapter 62-297, F.A.C. Fuel sampling and analysis may be used as an alternate sampling procedure if such a 

procedure was incorporated in the operation permit for the emissions unit prior to April 23, 1985. Otherwise, fuel 

sampling and analysis may be used if the emissions unit obtains an alternate procedure under the provisions of Rule 

62-297.620, F.A.C. Such alternate procedure shall become a condition of the emissions unit's permit. The 

Department will retain the authority to require EPA Method 6 or 6C if it has reason to believe that exceedances of 

the sulfur dioxide emissions limiting standard are occurring. Results of an approved fuel sampling and analysis 

program or continuous emissions monitoring program shall have the same effect as EPA Method 6 test results for 

purposes of demonstrating compliance or noncompliance with sulfur dioxide standards. 

4. For emission units not subject to nitrogen oxides continuous monitoring requirements, the test methods for 

nitrogen oxides emissions shall be EPA Methods 7, 7A, or 7E, incorporated and adopted by reference in Chapter 62-

297, F.A.C. Four grab samples at 15 minute intervals (±2 min.) per run shall be required for EPA Methods 7 and 7A. 

For emission units that are subject to continuous monitoring requirements under 42 U.S.C. sections 7661 – 7661f or 

40 C.F.R. Part 75, compliance with nitrogen oxides emission limits shall be demonstrated based on a 30-day rolling 

average, except as specifically provided by 40 C.F.R. Parts 60 or 76. 

5. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(f) Continuous Emissions Monitoring Requirements. Each owner or operator of an emissions unit subject to 

subsection 62-296.405(1), F.A.C., shall install, calibrate, operate and maintain a continuous monitoring system for 

continuously monitoring the pollutants specified in this subsection. Performance specifications, location of monitor, 
419 

data requirements, data reduction and reporting requirements shall conform with the requirements of 40 C.F.R. Part 

51, Appendix P, adopted and incorporated by reference in subsection 62-204.800(2), F.A.C., and 40 C.F.R. Part 60, 

Appendix B, adopted by reference in subsection 62-204.800(7), F.A.C., for existing and new emissions units 

provided, however, any alternative procedure (as specified in Section 3.9, 40 C.F.R. Part 51, Appendix P) or special 

consideration (as specified in Section 6.0, 40 C.F.R. Part 51, Appendix P) shall be incorporated in the Department's 

air permit for the emissions unit and submitted to the U.S. Environmental Protection Agency as a proposed revision 

to the State Implementation Plan. 

1. Existing fossil fuel steam generators with more than 250 million BTU per hour heat input and with a capacity 

factor of greater than 30 percent for the latest year of record or as otherwise documented to the Department by the 

owner or operator, shall install continuous monitoring systems as set forth in this subparagraph. Any reactivated or 

previously exempted unit whose operated capacity factor for the previous six months is greater than 30 percent must 

install continuous monitoring systems as set forth in this subparagraph no later than twelve months following the 

previous six month period of achieving a capacity factor greater than 30 percent. 

a. Opacity. All emissions units as set forth in subparagraph 62-296.405(1)(f)1., F.A.C., shall install continuous 

monitoring systems for monitoring opacity. Exempted are: 

(i) Emissions units burning only gas, oil, or gas and oil which comply with the applicable state visible emission 

limiting standard without the use of emission control equipment. 

(ii) Any emissions unit using a wet scrubber. 

b. Sulfur dioxide. All emissions units as set forth in subparagraph 62-296.405(1)(f)1., F.A.C., shall install sulfur 

dioxide continuous monitoring equipment on units which have installed sulfur dioxide control equipment. Those 

emissions units not having an operating flue gas desulfurization device may monitor sulfur dioxide emissions by 

fuel sampling and analysis according to methods approved by EPA. 

c. Nitrogen Oxides. All new emissions units as set forth in subparagraph 62-296.405(1)(f)1., F.A.C., with more 

than 1000 million BTU per hour heat input shall, during construction, install continuous monitoring systems for 

monitoring nitrogen oxides. 

d. Oxygen or Carbon Dioxide. A continuous monitoring system shall be installed at each emissions unit, as set 

forth in subparagraph 62-296.405(1)(f)1., F.A.C., where measurements of oxygen or carbon dioxide in the flue gas 

are utilized to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data to units of the 

emission limiting standards for proof of compliance as set forth in subsection 62-296.405(1), F.A.C. 

2. The exemption from opacity monitoring under sub-sub-subparagraph 62-296.405(1)(f)1.a.(i), F.A.C., shall 

not apply to any emissions unit which has been found to be in violation of the visible emission limiting standard 

pursuant to administrative proceedings conducted under Chapter 120, Florida Statutes, or judicial proceedings after 

January 1, 1978. No later than ninety days following the date an order establishing such violation becomes final, the 

owner or operator of such emissions unit shall submit to the Department a proposed compliance schedule for 

installing a continuous opacity monitoring system. Following incorporation of a compliance schedule into the 

emission unit's air permit, the owner or operator shall install the continuous monitoring system in accordance with 

the schedule. 

(g) Quarterly Reporting Requirements. The owners or operators of facilities for which monitoring is required 

shall submit to the Department a written report of emissions in excess of emission limiting standards as set forth in 

subsection 62-296.405(1), F.A.C., for each calendar quarter. The nature and cause of the excessive emissions shall 

be explained. This report does not relieve the owner or operator of the legal liability for violations. All recorded data 

shall be maintained on file by the Source for a period of two years. 

(2) New Emissions Units. 

(a) Visible Emissions – (See subsection 62-204.800(7), F.A.C., and 40 C.F.R. 60.42 and 60.42a). 

(b) Particulate Matter – (See subsection 62-204.800(7), F.A.C., and 40 C.F.R. 60.42 and 60.42a). 

(c) Sulfur Dioxide – (See subsection 62-204.800(7), F.A.C., and 40 C.F.R. 60.43 and 60.43a). 

(d) Nitrogen Oxides – (See subsection 62-204.800(7), F.A.C., and 40 C.F.R. 60.44 and 60.44a). 

3. For the purposes of this rule, nameplate generating capacity means the manufacturer's capacity rating of 

electrical generating output (expressed in MWe) as designed. 
420 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(5), Amended 6-29-

93, Formerly 17-296.405, Amended 11-23-94, 1-1-96, 3-13-96, 3-2-99. 

62-296.406 Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input, New and 

Existing Emissions Units. 

The following standards apply to new and existing emissions units, except for emissions units that would otherwise 

be exempt from permitting pursuant to subsection 62-210.300(3), F.A.C., and emissions units that would otherwise 

be considered insignificant pursuant to subparagraph 62-213.300(2)(a)1. or paragraph 62-213.430(6)(b), F.A.C. 

These standards apply unless otherwise specified by rule, or by order or permit issued by the Department prior to 

July 15, 1989. 

(1) Visible Emissions – 20 percent opacity except for either one six-minute period per hour during which 

opacity shall not exceed 27 percent, or one two-minute period per hour during which opacity shall not exceed 40 

percent. The option selected shall be specified in the emissions unit’s construction and operation permits. An opacity 

of 30 percent shall be allowed for emissions units rated at 241 million Btu per hour heat input for which a valid 

Department operating permit was issued prior to October 1, 1972 in Escambia County, while burning fuel oil in 

conjunction with waste material derived from waste streams previously discharged into underground wells. 

(2) Particulate Matter – Best available control technology. 

(3) Sulfur Dioxide – Best available control technology. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(6), Amended 6-29-

93, Formerly 17-296.406, Amended 11-23-94, 3-13-96, 3-2-99. 

62-296.407 Portland Cement Plants. 

(1) Existing kilns and coolers – as provided in the Process Weight Table, subsection 62-296.310(1), F.A.C. 

(2) New Emissions Units. 

(a) Kilns – 0.3 pounds of particulate matter per ton of feed to the kiln. 

(b) Clinker coolers – 0.1 pounds of particulate matter per ton of feed to the kiln. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(7), 17-

296.407, Amended 11-23-94, 1-1-96. 

62-296.408 Nitric Acid Plants. 

These limits are applicable to new and existing emissions units producing weak nitric acid (50 to 70 percent) by 

pressure or atmospheric pressure process. 

(1) Visible emissions – 10 percent opacity. 

(2) Nitrogen Oxides – 3 pounds per ton of acid produced (100 percent basis). 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62-297, F.A.C. 

(b) The test methods for nitrogen oxides emissions shall be EPA Methods 7, 7A, 7B, 7C, or 7D, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be as specified in EPA 

Method 7. Four grab samples at 15 minute intervals (±2 minutes) per run required. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(8), 17-

296.408, Amended 11-23-94, 1-1-96. 
421 

62-296.409 Sulfur Recovery Plants. 

These limits are applicable to plants recovering sulfur from crude oil gas. 

(1) New Plants – 0.004 pounds of sulfur dioxide per pound of sulfur input to the recovery system or 0.004 

pounds of sulfur dioxide per pound of sulfur removed from an oil well. 

(2) Existing Plants (for which a valid Department Construction permit was issued prior to July 1, 1973) – 0.08 

pounds of sulfur dioxide per pound of sulfur input to the recovery system or 0.08 pounds of sulfur dioxide per pound 

of sulfur removed from crude oil or gas processed. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for sulfur dioxide shall be EPA Method 6, incorporated and adopted by reference in Chapter 

62-297, F.A.C. The minimum sample volume shall be 0.71 dry standard cubic feet. Two 20 minute samples (±5 

minutes) per run required. 

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(9), 17-

296.409, Amended 11-23-94, 1-1-96. 

62-296.410 Carbonaceous Fuel Burning Equipment. 

(1) Emissions units for which a valid Department operation or construction permit was issued prior to July 1, 

1974. 

(a) Burners with a capacity less than 30 million Btu per hour heat input – Visible emissions with a density of 

Number 1 on the Ringelmann Chart (20 percent opacity) except that emissions with a density of Number 2 (40 

percent opacity) are permissible for not more than two minutes in any one hour. 

(b) Burners with a capacity equal to or greater than 30 million Btu per hour heat input. 

1. Visible emissions – Visible emissions with a density of Number 1.5 on the Ringelmann Chart (30 percent 

opacity) except that a density of Ringelmann Number 2 (40 percent opacity) is permissible for not more than two 

minutes in any one hour. 

2. Particulate Matter – 0.3 pounds per million Btu of heat input of carbonaceous fuel plus 0.1 pounds per 

million Btu heat input of fossil fuel. 

(2) New Emissions Units. 

(a) Burners of capacity less than 30 million Btu per hour total heat input – Ringelmann Number 1 (20 percent 

opacity) except that a density of Ringelmann Number 2 (40 percent opacity) is permissible for not more than two 

minutes in any one hour. 

(b) Burners of capacity equal to or greater than 30 million Btu per hour total heat input. 

1. Visible Emissions – Number 1.5 on the Ringelmann Chart (30 percent opacity) except that a density of 

Ringelmann Number 2 (40 percent opacity) is permissible for not more than two minutes in any one hour. 

2. Particulate Matter – 0.2 pounds per million Btu of heat input of carbonaceous fuel plus 0.1 pounds per 

million Btu heat input of fossil fuel. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62-297, F.A.C. 

(b) The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(10), 17-

296.410, Amended 11-23-94, 1-1-96. 

62-296.411 Sulfur Storage and Handling Facilities. 

Except for those facilities exempted in subsection 62-296.411(5), F.A.C., or for handling of vatted sulfur as 

otherwise provided in this subsection, no person shall cause, suffer or allow elemental sulfur to be stored, handled or 
422 

transported within the state in crushed bulk or slate form or in any form other than standard sulfur pellets or in 

molten form, except that sulfur may be transferred within the boundaries of a single facility in other forms. Facilities 

using standard sulfur pellets or molten sulfur, or sulfur vatting facilities, may be permitted only in conformance with 

the following criteria and other applicable Department standards. 

(1) Molten Sulfur Storage and Handling Facilities – All molten sulfur facilities shall employ, as a minimum, the 

following practices to minimize the emission of sulfur particulate matter into the atmosphere. Other relevant detailed 

requirements shall be specified, as necessary, in the permits for the facility. 

(a) All molten sulfur transfer shall be through enclosed piping systems where feasible and practical. In user 

facilities, molten sulfur may be transferred by covered trench or a movable spout which is positioned over a 

receiving pit. Contact surfaces between movable unloading arms and stationary pipes shall seat effectively around 

the entire circumference to minimize spillage. 

(b) All areas surrounding points where molten sulfur pipes are routinely disconnected and areas where molten 

sulfur is transferred to trucks or railcars shall be paved and curbed within 20 feet of the point of disconnection or 

transfer to contain any spilled molten sulfur, or shall be provided with noncorrosible drip pans or other secondary 

containment, positioned to collect spills, that are adequate to contain amounts of sulfur that may escape during 

routine disconnection, reconnection or operation of the piping system. 

(c) Emissions of sulfur particulate matter from molten sulfur storage tanks and transfer systems in particulate 

matter air quality maintenance areas or within five kilometers of such areas shall not exceed 0.03 pounds per hour 

per thousand tons of storage capacity. 

(d) All spilled molten sulfur shall be collected and properly disposed of whenever the containment area is filled 

to one-half its containment capacity, or monthly, whichever is more frequent. Spills of molten sulfur outside of a 

containment area, or where subject to vehicular traffic, shall be collected and disposed of as soon as possible, but no 

later than 24 hours after the spill occurs. Drip pans or other secondary containment shall be cleaned as needed to 

prevent exceedance of capacity, but at least weekly. 

(e) All vent surfaces shall be cleaned monthly to remove captured particles. 

(f) All owners and operators of molten sulfur storage and handling facilities shall maintain records of spills 

outside of containment areas and of collection and disposal of spilled sulfur. Such records shall be retained for a 

minimum of two years and shall be available for inspection by the Department upon request. 

(g) In any particulate matter air quality maintenance area, PSD Class I area, or within five kilometers of such an 

area, visible emissions from any emission point in a molten sulfur facility shall not exceed 10 percent opacity (six 

minute average). In other areas visible emissions from any emission point in a molten sulfur facility shall not exceed 

20 percent opacity (six minute average). 

(h) Operational procedures approved by the Department shall be established to minimize spills from any 

movable loading arm or pipe upon disconnection, reconnection or operation. 

(i) Visible emissions of sulfur particulate matter during ship unloading in a particulate matter air quality 

maintenance area shall not exceed 15 percent (six minute average). 

(j) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

1. The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62-297, F.A.C. 

2. The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. An acetone wash shall be used. A filter box or probe heat shall not be used. Use one point 

sampling in the center of the temporary stack extension erected over and completely covering the center tank vent. 

This stack extension shall be no more than ten feet in height and provide a minimum six inch clearance from the 

tank vent and shall be 12 inches in diameter beginning at the top of the tapered section. The sampling port shall be a 

minimum of eight stack diameters downstream from the top of the roof vent and a minimum of two stack diameters 

upstream from the top of the temporary stack. If the tank is equipped with other vents, determine the total volume of 

gas vented from the tank during the sampling period. Multiply the weight of particulate collected by the ratio of the 

total volume to the actual volume sampled corrected to standard temperature and pressure and compute the test 

result with the adjusted weight of particulate collected. Determine and report the average wind speed during each 
423 

test run at a point above and in the vicinity of the tank. 

3. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(2) Solid Sulfur Storage and Handling Facilities – All solid sulfur storage and handling facilities shall employ as 

a minimum, the following practices to minimize the emission of sulfur particulate matter into the atmosphere. Other 

relevant detailed requirements shall be specified, as necessary, in the permits for the facility including, where 

appropriate, a minimum rate or amount of moisture to be applied by water spray systems. 

(a) Marine Vessel Unloading. 

1. Solid sulfur unloaded from marine vessels shall only be done by: 

a. A self-unloading vessel of a design approved by the Department; or 

b. A tight-lipped clamshell bucket (the clamshell bucket shall be inspected daily by qualified personnel during 

use to assure a tight seal); or 

c. A continuous unloader. 

2. Solid sulfur shall not be unloaded by clam shell bucket or any approved equivalent method from marine 

vessels when the wind speed exceeds 18 mph for any five minute period. 

3. A floating boom shall be deployed so as to contain sulfur that may be spilled in the water during the 

unloading process whenever a clamshell bucket or equivalent unloading method is employed. Any sulfur floating in 

the contained area shall be reclaimed as soon as possible after unloading, but no later than 24 hours after unloading 

is completed. 

4. The hopper receiving solid sulfur unloaded from marine vessels shall be constructed with wind walls and a 

top with slots provided to enable entry and exiting of a clamshell bucket. The walls shall be constructed on at least 

three sides and the height of the walls shall be a minimum of 1.5 times the height of the clamshell bucket. 

5. The clamshell bucket shall be positioned within the wind walls prior to discharging sulfur into the receiving 

hopper. 

6. The clamshell bucket shall be closed completely before being withdrawn from the receiving hopper and 

returned to the marine vessel. 

7. The hopper receiving solid sulfur unloaded from marine vessels shall be equipped with a water spray system 

located around the periphery of the receiving hopper. The water spray system shall contain an effective wetting 

agent and shall be operated continuously during all unloading or transfer operations. 

8. Operational procedures approved by the Department shall be established to minimize sulfur particulate 

emissions from marine vessel unloading operations. 

(b) Solid Sulfur Transfer. 

1. Sulfur Transferred by Conveyor Belt Systems. 

a. The conveyor belts shall be of a deep-V design. 

b. The maximum incline of any conveyor belt shall not exceed 15 degrees. 

c. All conveyor-to-conveyor and all hopper-to-conveyor transfer points shall be enclosed. 

d. Conveyor transfer systems shall include water spray systems at transfer points. The water spray systems shall 

spray water containing an effective wetting agent and shall be operated continuously at all times when transfer is 

occurring. 

e. Hoppers receiving solid sulfur transferred by conveyor belt systems shall be constructed with wind walls 

enclosing the top and a minimum of three sides of the receiving hopper. 

f. No vertical drop at any conveyor transfer point shall exceed five feet. 

2. Sulfur Transfer by Pay-loaders or Mechanical Equipment. 

a. The equipment used to transfer solid sulfur shall not exceed 75 percent bucket capacity. 

b. Vehicles used to transfer solid sulfur within a solid sulfur handling facility shall operate at speeds not 

exceeding 15 mph. 

c. Maximum drop height when transferring solid sulfur by pay-loader or mechanical equipment shall not exceed 

five feet. 

d. Hoppers not within an enclosure that receive solid sulfur transferred by pay-loaders or mechanical equipment 

shall be constructed with a wind wall enclosing the top and a minimum of three sides of the receiving hopper. 
424 

e. Only rubber-tired pay-loaders and mechanical equipment shall be allowed to be operated in solid sulfur 

storage areas. 

f. The transfer of solid sulfur by pay-loader or mechanical equipment outside of an enclosure shall not be 

permitted when the wind speed exceeds 18 mph for any five minute period. 

g. All paved roads within a solid sulfur handling facility shall be wetted daily to reduce total sulfur particulate 

emissions. 

(c) Solid Sulfur Storage. 

1. Areas used for the storage of solid sulfur in a particulate matter air quality maintenance area, PSD Class I 

area, or within five kilometers of such an area, or at any marine terminal facility, shall be entirely housed in a vented 

structure completely enclosed by roof and walls, and shall be paved with an asphaltic material or Department 

approved equivalent. The vented emissions shall not exceed 0.03 pounds per hour per thousand tons of storage 

capacity. 

2. Areas used for the storage of solid sulfur in all areas not covered by subparagraph 62-296.411(2)(c)1., 

F.A.C., above, shall be paved with an asphaltic material or Department approved equivalent and shall be surrounded 

by a berm at least three feet in height, except as necessary to permit vehicle access. 

3. The stacker conveyor shall be equipped with a chute that shall extend to within five feet of the storage pile 

during times when sulfur is being transferred to storage. The vertical drop height may exceed five feet when the 

sulfur storage area is enclosed and an overhead shuttle conveyor is utilized to transfer the sulfur to storage. 

However, in some situations the sulfur pile shall be formed so that whenever possible the material shall be 

transferred to the side of an already existing pile. 

4. Surfaces within the sulfur storage area traveled by pay-loaders or mechanical equipment used to transfer solid 

sulfur shall be periodically wetted with an effective wetting agent to minimize unconfined sulfur particulate 

emissions. 

5. Surfaces within the sulfur storage area traveled by pay-loaders or mechanical equipment transferring solid 

sulfur shall be cleaned at least daily by spraying with water to prevent excessive accumulation of sulfur particulate. 

6. For purposes of fire control, precautionary measures shall include, but shall not necessarily be limited to the 

following: 

a. All enclosed sulfur storage areas shall be equipped with water spray systems adequate to provide for rapid 

fire suppression. 

b. Mobile and stationary equipment operated in the storage area shall be cleaned daily and maintained to 

minimize fire potential. 

c. Electrical motors and other electrical fixtures used in the sulfur storage area shall be explosion proof. 

d. Smoking within 100 feet of the solid sulfur storage area shall be prohibited. 

(d) Truck and Railcar Unloading. 

1. Bottom Unloading Vehicles. 

a. The hopper used to receive solid sulfur from trucks or railcars shall be housed within a structure that covers 

the top and at least two sides of the receiving hopper. The structure shall have wind walls on at least two sides that 

extend from the ground to a height at least 1.5 times the drop distance between the vehicle and the top of the 

receiving hopper. 

b. The hopper used to receive solid sulfur from trucks or railcars shall be equipped with a water spray system 

that shall deliver water containing an effective wetting agent that will be in operation during all sulfur transfer 

operations. 

2. Rotary Railcar Unloading. 

a. The hopper used to receive solid sulfur from railcars using rotary unloading shall be housed within a structure 

that completely covers the top and at least two sides of the railcar and hopper. 

b. The structure housing the railcar and hopper shall be vented to an air pollution control device. Emissions 

from the device shall not exceed 0.03 grains per dscf. 

c. The structure housing the railcar and hopper shall be equipped with a water spray system that shall be in 

continuous operation during all solid sulfur unloading operations including: 
425 

(i) Water sprays installed at the open sides of the structure that shall provide a water mist spray curtain to 

minimize the escape of particulate matter from the structure during the unloading process. 

(ii) A water spray system containing an effective wetting agent that is applied directly to the solid sulfur during 

the unloading process. 

(e) In any particulate matter air quality maintenance area, PSD Class I area, or within five kilometers of such an 

area, visible emissions from any emission point in a solid sulfur facility shall not exceed five percent opacity (six 

minute average). In other areas visible emissions from any emission point in a solid sulfur facility shall not exceed 

10 percent opacity (six minute average). 

(f) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

1. The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62-297, F.A.C. 

2. The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. An acetone wash shall be used. A filter box or probe heat shall not be used. 

3. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(3) Sulfur Vatting and Sulfur Vat Reclamation Facilities. Sulfur vatting or sulfur vat reclamation facilities shall 

not be permitted within any particulate matter nonattainment, PSD Class I area, or within five kilometers of such 

areas. All sulfur vatting and vat reclamation facilities shall employ, as a minimum, the following practices to 

minimize the emission of sulfur particulate matter into the atmosphere. Other relevant detailed requirements shall be 

specified, as necessary, in the permits for the facility. 

(a) The molten sulfur pouring arm shall be positioned within five feet of the surface of the vat to reduce 

splattering of molten sulfur. 

(b) The forms used for forming the vat shall have smooth surfaces. 

(c) The sulfur vat and forms shall be inspected by trained personnel continually during each pour to assure that 

any leakage is minimized. 

(d) Sulfur pouring to the vat shall not be permitted when the wind speed exceeds 18 mph for any five minute 

period. 

(e) The owner or operator shall establish, and the equipment operators shall attend, a training program on 

equipment operating practices for the minimization of unconfined sulfur particulate matter emissions. 

(f) If a mechanical sulfur vat reclamation procedure is used, the following practices shall be employed. 

1. Only rubber-tired pay-loaders and excavating equipment shall be allowed to operate on the surface of the vat. 

2. Excavators shall be equipped with a water spray system located near the claw used for reclaiming sulfur. The 

water spray system shall be equipped with spray nozzles and shall spray water containing an effective wetting agent. 

Sulfur reclamation from the vat shall only be allowed when the water spray system is in operation. 

3. Vat reclamation and reclaimed sulfur transfer shall not be permitted when the wind speed exceeds 18 mph for 

any five minute period. 

4. Pay-loaders transferring reclaimed sulfur shall not exceed 75 percent bucket capacity. 

5. Vehicles operating in the sulfur reclamation area shall not exceed speeds of 15 mph. 

6. Maximum drop height when transferring reclaimed sulfur shall not exceed five feet. 

7. The exterior walls of the vat shall be maintained as much as practical to serve as a wind break during 

reclamation and melting. 

8. A wind screen shall be constructed to enclose the top and three sides of the static melter used to melt the 

reclaimed sulfur. 

9. The static melter shall be located as close as practical to the sulfur reclamation area. The particulate matter 

emissions from the control device shall not exceed 0.03 grains per dscf. 

10. During vat reclamation, all roads in the reclamation, transfer, storage and remelting areas shall be cleaned 

weekly by pay-loaders to prevent excessive accumulation of reclaimed sulfur. 

11. During vat reclamation, all roads in the reclamation, transfer, storage and remelting areas shall be wetted 

twice daily with water to suppress unconfined sulfur particulate matter emissions. 

12. All reclaimed sulfur shall be remelted prior to any expected shut-down of the static sulfur melter for a 
426 

period in excess of 10 days. 

13. Any spilled sulfur extending more than 30 feet from the base of the vat shall be recovered as expeditiously 

as possible but no less frequently than daily. 

14. Any spills within a 30 foot zone around the base of the vat shall be recovered prior to allowing any vehicle 

traffic within that zone, but no less frequently than monthly. 

15. For purposes of fire control, precautionary measures shall include, but shall not necessarily be limited to the 

following: 

a. The vat area shall be inspected for fires during each shift. 

b. An adequately sized water main shall be installed around the vat with risers equipped with sprinkler heads. In 

addition, fire hose connections shall be provided on all sides of the vat. 

c. All mobile and stationary equipment operated on the surface of the vat shall be cleaned weekly and 

maintained to minimize fire potential. 

d. Electrical motors and other electrical fixtures used in the vat area shall be explosion proof. 

e. Smoking within 100 feet of the vat shall be prohibited. 

f. The maximum height of the vat shall be limited to 30 feet to minimize the generation of fires from falling 

sulfur. 

(g) If sulfur vat reclamation by in-situ melting is used, the following practices shall be employed. (Reserved). 

(4) Alternate Emission Control Methods for Sulfur Storage and Handling Facilities. If the owner or operator of 

any facility subject to the provisions of subsections 62-296.411(1) through (3), F.A.C., above, wishes to utilize an 

alternate method or control technology for sulfur particulate emissions that would result in emissions less than or 

equal to those achieved by the equivalent methods or technologies specified in subsection 62-296.411(1) through 

(3), F.A.C., such owner or operator may request that the Department approve such alternate method or control. The 

Secretary or the Secretary’s designee shall specify by order each alternate method or control technology approved in 

accordance with this rule or shall issue an order denying such request. The request shall set forth the following 

information at a minimum. 

(a) The specific emissions unit or emission point, and permit number if any, for which the alternate method or 

control technology is requested. 

(b) The basis for the alternate method or control technology including documentation necessary to demonstrate 

that the proposed alternative will result in emissions less than or equal to those achieved by the method or control 

technology that is proposed to be replaced. 

(5) Exempt Emissions Units or Facilities. The following emissions units or facilities designed primarily for 

receiving, storing or transferring elemental sulfur are exempt from certain provisions of Rule 62-296.411, F.A.C., as 

specified below. 

(a) Any sulfur storage and handling facility with a throughput of elemental sulfur in all forms of less than 5,000 

tons per year shall be exempt from the provisions of Rule 62-296.411, F.A.C. 

(b) Any emissions unit of sulfur particulate that has total sulfur particulate emissions of less than one ton per 

year shall be exempt from the weight emission limiting standards in Rule 62-296.411, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(11), 17-

296.411, Amended 11-23-94, 1-1-96. 
427 

62-296.412 Dry Cleaning Facilities. 

(1) All new and existing perchloroethylene dry cleaning facilities are subject to the requirements (including 

compliance deadlines) of the national emission standard for perchloroethylene dry cleaning facilities at 40 C.F.R. 

Part 63, Subpart M, adopted and incorporated by reference in Rule 62-204.800, F.A.C. Until compliance is achieved 

with the requirements of 40 C.F.R. Part 63, Subpart M, existing (as of December 9, 1991) perchloroethylene dry 

cleaning facilities with a solvent consumption of 1,475 gallons per year or more must also comply with the 

requirements of subsection 62-296.412(2), F.A.C. The requirements of subsection 62-296.412(2), F.A.C., shall not 

apply to any perchloroethylene dry cleaning facility after it has achieved compliance with the requirements of 40 

C.F.R. Part 63, Subpart M. 

(2) The owner or operator of any existing perchlorethylene dry cleaning facility as specified in subsection 62-

296.412(1), F.A.C., with total rated dryer capacity of 10 pounds of articles or greater, shall: 

(a) Vent the entire dryer exhaust through a carbon adsorption system or refrigerated condensation unit which 

meets the following conditions: 

1. The dryer/condenser system must be closed to the atmosphere at all times except when articles are being 

loaded or unloaded through the door of the machine; and 

2. The dryer/condenser system must not vent to the atmosphere until the air-vapor stream temperature on the 

outlet side of the refrigerated condenser is equal to or less than 45 degrees Fahrenheit. 

(b) Emit no more than 100 parts per million by volume of organic compounds from the dryer control device 

before dilution; 

(c) Cook or treat all diatomaceous earth filters so that the residue contains 55 pounds or less of organic 

compounds per 220 pounds of wet waste material; 

(d) Reduce the organic compounds from all solvent stills to 132 pounds or less per 220 pounds of wet waste 

material; 

(e) Drain all filtration cartridges in the filter housing for at least 24 hours before discarding the cartridge; or dry 

all drained cartridges without emitting organic compounds to the atmosphere; and 

(f) Repair all perceptible leaks of organic compounds within three working days or, if repair parts are necessary, 

order such parts within three working days. 

(g) Keep monthly records of solvent consumption. 

(3) New or existing (as of October 1, 1986) perchloroethylene dry cleaning facilities, located outside of ozone 

nonattainment or air quality maintenance areas as defined in Chapter 62-204, F.A.C., and their respective 

metropolitan statistical areas, with total rated dryer capacity equal to or greater than 10 pounds of articles shall be 

exempt from the requirements of subsection 62-296.412(2), F.A.C., if the owner or operator demonstrates to the 

Department that the solvent mileage (pounds of articles cleansed per drum of solvent consumed) is equal to or 

greater than 20,000 or 15,000 pounds of articles cleansed per 52-gallon drum of perchloroethylene consumed for 

new or existing facilities, respectively. Such facilities are not exempt from the requirements of the national emission 

standard for perchloroethylene dry cleaning facilities promulgated in 40 C.F.R. Part 63 and adopted by reference in 

Rule 62-204.800, F.A.C. 

(4) Petroleum solvent dry cleaning facilities located in areas designated as air quality maintenance areas for 

ozone under Rule 62-204.340, F.A.C., (including the respective metropolitan statistical areas) and all such facilities 

located in ozone attainment areas with solvent consumption equal to or greater than 9,750 and 15,000 gallons per 

year, respectively, shall comply with the following: 

(a) Each affected petroleum solvent dry cleaning dryer that is installed at a petroleum dry cleaning plant shall be 

a solvent recovery dryer. The solvent recovery dryer(s) shall be properly installed, operated, and maintained. 

(b) Each affected petroleum solvent filter that is installed at a petroleum dry cleaning plant shall be a cartridge 

filter. Cartridge filters shall be drained in their sealed housings for at least eight hours prior to their removal. 

(c) Each owner or operator of an affected petroleum solvent dryer shall include leak inspection and leak repair 

cycle information in the operating manual and on a clearly visible label posted on each affected facility. Such 

information should state: “To protect against fire hazards, loss of valuable solvents and emissions of solvent to the 

atmosphere, periodic inspection of this equipment for evidence of leaks and prompt repair of any leaks is required. 
428 

The equipment must be inspected every 15 days and all vapor or liquid leaks be repaired within the subsequent 15 

day period.” 

(d) Keep monthly records of solvent consumption. 

(5) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Leak Detection. Liquid leakage shall be detected by visual inspection of the sources identified in p. 6-3 of 

EPA 450/ 2-78-050, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) The concentration of organic compounds in the filter residue, per paragraph 62-296.412(1)(c), F.A.C., shall 

be determined using ASTM 322-67, 1972. 

(c) The mass reduction of organic compounds from solvent stills shall be determined using EPA Method 21, 

incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(d) The concentration of organic compounds in the exhaust vent of single bed carbon adsorbers shall be 

determined per the equipment specifications in “RACT Compliance for Carbon Adsorbers,” Task No. 119, or stack 

test per Attachment 3 of EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(e) The concentration of organic compounds in the exhaust vent of multiple bed carbon adsorbers and others 

shall be determined using the equipment specifications per the manufacturer’s specifications, or stack testing per 

Attachment 3 of EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(f) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-

2.600(12), 17-296.412, Amended 11-23-94, 4-18-95, 1-1-96, 3-13-96, 6-25-96, 10-7-96, 3-11-10.

62-296.413 Synthetic Organic Fiber Production. 

(1) General Applicability. This rule applies to acrylonitrile emitting facilities. An acrylonitrile emitting facility 

is a facility which produces or utilizes acrylonitrile as part of the facility's process operations, except that any new or 

existing acrylonitrile emitting facility which has maximum uncontrolled emissions of acrylonitrile of less than 600 

pounds per year is exempt from the requirements of this rule. 

(2) Emissions Unit Specific Performance Standards. 

(a) Storage Tanks. No owner or operator of an acrylonitrile emitting facility subject to this rule shall transfer, or 

cause or allow the transfer of, acrylonitrile from any delivery vessel into any stationary storage tank unless there is 

in place a vapor-tight return line from the storage tank to the delivery vessel and a system that will ensure the vapor 

line is connected before acrylonitrile can be transferred into the tank. 

(b) Delivery Vessels. The vapor-laden delivery vessel shall be maintained to be vapor-tight at all times while at 

the acrylonitrile emitting facility except for periods of normal pressure vacuum venting, for maintenance inspection, 

or for gauging. 

(c) Process Equipment. The emission release, or escape, of acrylonitrile to the atmosphere from any equipment 

used in acrylonitrile formation or utilization shall be limited by the application of Reasonably Available Control 

Technology (RACT). The phrase “equipment used in acrylonitrile formation or utilization” shall include transfer 

lines, reactor vessels, stripping columns, monomer recovery systems, vacuum pumps, feed tanks, weigh tanks, blend 

tanks, pipes, valves and flanges. 

(d) Wastewater Treatment. All wastewater which comes in direct contact with acrylonitrile and other wastes 

containing acrylonitrile shall not cause a deviation from the pH range specified in the facility's air construction or air 

operation permit that provides for the optimum degradation of acrylonitrile in the receiving wastewater treatment 

system. 

(e) Equipment Leaks. Acrylonitrile emissions due to leaks from equipment used in acrylonitrile formation or 

utilization shall be minimized by implementing a formal leak detection and elimination program. Such program 

must include the routine use of a reliable and accurate portable hydrocarbon detector to find small leaks (a portable 

hydrocarbon detector means a device which measures hydrocarbons with a lower limit of detection of at least 2 ppm 

and is of such design and size that it can be used to measure acrylonitrile emissions from localized emission points 

associated with the equipment used in acrylonitrile formation or utilization); provide for an acceptable calibration 
429 

and maintenance schedule for the portable hydrocarbon detector; and include at least a weekly survey of all 

representative facility locations or areas containing equipment used in the formation or utilization of acrylonitrile 

which may leak acrylonitrile. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(13), 17-296.413, 

Amended 11-23-94, 1-1-96, 3-13-96, 2-12-06. 

62-296.414 Concrete Batching Plants. 

The following requirements apply to new and existing emissions units producing concrete and concrete products by 

batching or mixing cement and other materials. This rule also applies to facilities processing cement and other 

materials for the purposes of producing concrete, and to equipment used to mix cement and soil for onsite soil 

augmentation or stabilization. 

(1) Stack Emissions. Emissions from silos, weigh hoppers (batchers), and other enclosed storage and conveying 

equipment shall be controlled to the extent necessary to limit visible emissions to 5 percent opacity. 

(2) Unconfined Emissions. The owner or operator shall take reasonable precautions to control unconfined 

emissions from hoppers, storage and conveying equipment, conveyor drop points, truck loading and unloading, 

roads, parking areas, stock piles, and yards as required by paragraph 62-296.320(4)(c), F.A.C. For concrete batching 

plants the following shall constitute reasonable precautions: 

(a) Management of roads, parking areas, stock piles, and yards, which shall include one or more of the 

following: 

1. Paving and maintenance of roads, parking areas, and yards. 

2. Application of water or environmentally safe dust-suppressant chemicals when necessary to control 

emissions 

3. Removal of particulate matter from roads and other paved areas under control of the owner or operator to 

mitigage reentrainment, and from building or work areas to reduce airborne particulate matter. 

4. Reduction of stock pile height or installation of wind breaks to mitigage wind entrainment of particulate 

matter from stock piles. 

(b) Use of spray bar, chute, or partial enclosure to mitigage emissions at the drop point to the truck. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection 

shall comply with the following requirements. 

(a) The reference test method for visible emissions shall be EPA Method 9, as described at 40 CFR, Part 60, 

Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. 

(b) Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall 

be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C. 

(c) Visible emissions tests of silo dust collector exhaust points shall be conducted while loading the silo at a rate 

that is representative of the normal silo loading rate. The minimum loading rate shall be 25 tons per hour unless such 

rate is unachievable in practice. If emissions from the weigh hopper (batcher) operation are also controlled by the 

silo dust collector, the batching operation shall be in operation during the visible emissions test. The batching rate 

during the emissions test shall be representative of the normal batching rate and duration. Each test report shall state 

the actual silo loading rate during emissions testing and, if applicable, whether or not batching occurred during 

emissions testing. 

(d) If emissions from the weigh hopper (batcher) operation are controlled by a dust collector which is separate 

from the silo dust collector, visible emissions tests of the weigh hopper (batcher) dust collector exhaust point shall 

be conducted while batching at a rate that is representative of the normal batching rate and duration. Each test report 

shall state the actual batching rate during emissions testing. 

(4) Frequency of Testing. 

(a) The owner or operator of any concrete batching plant using an air general permit shall have a performance 

test conducted for visible emissions for each dust collector exhaust point no later then thirty (30) days after 

commencing operation, and annually thereafter. 

(b) The owner or operator of any concrete batching plant operating under the authority of an air construction 
430 

permit or air opoeration permit shall have a performance test conducted for visible emissions for each dust collector 

exhaust point prior to submitting the application for an initial air operation permit, and annually thereafter. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(14), 17-296.414, 

Amended 11-23-94, 1-1-96, 11-13-97, 1-10-07. 

62-296.415 Soil Thermal Treatment Facilities. 

This rule prescribes air pollution control requirements for soil thermal treatment facilities. Soil thermal treatment 

facilities are only authorized to treat petroleum contaminated soil as defined in Chapter 62-775, F.A.C., Soil 

Thermal Treatment Facilities. The following requirements apply to all new, modified, and existing soil thermal 

treatment facilities. All facilities shall comply with these requirements by December 1, 1992. 

(1) Volatile Organic Compounds (VOC). 

(a) A soil thermal treatment facility shall be designed and operated to expose the organic vapors from the soil 

during thermal treatment to one of the following combinations: 

 Minimum Temperature Minimum Time 

 (Fahrenheit) (Seconds) 

 1,500 and 1.0 

 1,600 and 0.5 

 1,800 and 0.3 

The minimum temperature shall be determined by a continuous temperature monitor pursuant to the applicable 

continuous emissions monitoring requirements of subsection 62-296.415(6), F.A.C. When soil is being treated, the 

minimum temperature shall be met or exceeded at all times except for 4 minutes in any 60 minute period, provided 

that the temperature does not fall below 100 degrees Fahrenheit of the required minimum temperature for the 

corresponding residence time. The minimum residence time shall be met or exceeded at all times while soil is being 

treated. 

(b) The average carbon monoxide (CO) emissions shall not exceed 100 parts per million (ppm) by volume, dry 

basis, during all 60 consecutive minute periods of plant operation. The average CO emissions is the arithmetic mean 

of all CO concentration measurements during any consecutive 60 minutes of plant operation that were recorded by 

the continuous emissions monitor required pursuant to Rule 62-297.500, F.A.C. 

(c) A soil thermal treatment facility shall continually monitor the temperature and carbon monoxide content of 

the flue gases leaving the high temperature zone pursuant to the applicable continuous emissions monitoring 

requirements of subsection 62-296.415(6), F.A.C. Temperature and carbon monoxide monitors shall be co-located 

unless otherwise approved by the Department. 

(d) Soil thermal treatment facilities must possess an air permit authorizing the processing of soils containing 

polychlorinated biphenyls (PCBs), if soil contaminated with PCBs is to be thermally treated. 

(2) Visible Emissions. Visible emissions (VE) from a stack shall not exceed 5% opacity as determined by the 

test method specified in subsection 62-296.415(5), F.A.C., when thermally treating soil. 

(3) Particulate Matter Emissions. The particulate matter emissions shall not exceed 0.04 grains per dry standard 

cubic foot (gr/ dscf) as determined by the test method specified in subsection 62-296.415(5), F.A.C. 

(4) Unconfined Emissions. A soil thermal treatment facility is subject to Rule 62-296.320, F.A.C., Unconfined 

Emissions of Particulate Matter. As a minimum, before and after thermal soil treatment is accomplished, unconfined 

emissions of particulate matter from the soil shall be controlled by application of water or containment. 

(5) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(c) The test method for carbon monoxide shall be EPA Method 10, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 
431 

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(6) Continuous Emissions Monitoring Requirements. Any facility subject to this rule shall be equipped with 

instruments to continuously monitor and record the temperature and the carbon monoxide concentration of the flue 

gases leaving the high temperature zone, but before any dilution air is mixed with the flue gases. The temperature 

monitor shall be certified by the manufacturer to be accurate to within 1% of the temperature being measured. The 

temperature monitoring system shall be calibrated at least annually by the procedure recommended by the 

manufacturer. The calibration shall be at a minimum of three temperatures and over a range from 10% below to 10% 

above the designed flue gas hot zone temperature of the soil thermal treatment facility. Calibration records shall be 

kept for a minimum of three years. The carbon monoxide monitor shall be certified by the manufacturer to be 

accurate to within 10% of the carbon monoxide concentration by volume, mean value, or 5% of the applicable 

standard of 100 ppm, whichever is greater, as determined by EPA Test Method 10 in 40 C.F.R. Part 60, Appendix 

A, adopted by reference in subsection 62-204.800(7), F.A.C. The carbon monoxide continuous emission monitoring 

device shall be certified, calibrated, and operated according to Performance Specification 4 of 40 C.F.R. Part 60, 

Appendix B, adopted by reference in subsection 62-204.800(7), F.A.C., excluding Section 5.2, Calibration Drift Test 

Period, of Performance Specification 2. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-17-92, Formerly 17-

296.415, Amended 11-23-94, 1-1-96, 3-13-96. 

62-296.416 Waste-to-Energy Facilities. 

(1) Applicability. The requirements of this rule apply to all waste-to-energy facilities with charging rates of 40 

tons per day or more. For those facilities subject to this rule and paragraph 62-204.800(8)(b), F.A.C., the mercury 

emissions limiting standards in this rule shall apply in place of the less restrictive mercury emission limiting 

standard set forth at paragraph 62-204.800(8)(b), F.A.C. However, the mercury percent reduction standard (85 

percent) in paragraph 62-204.800(8)(b), F.A.C., shall apply in place of the less restrictive mercury percent reduction 

standard (80 percent) set forth in this rule. 

(2) Relationship to Best Available Control Technology. The emission limitations in this rule supersede any less 

stringent emission limitations including those based on a best available control technology (BACT) determination 

made pursuant to Rule 62-212.400, F.A.C., or 40 C.F.R. 52.21. The application of BACT shall not result in 

emissions of any air contaminant which exceeds the emission limits set forth in this rule. 

(3) Mercury Emissions Limiting Standards. Waste-to-energy facilities subject to the requirements of this rule 

shall comply with the mercury emission limiting standards of paragraph 62-296.416(3)(a) or (b), F.A.C., depending 

on whether the facility chooses to control mercury emissions through the use of post-combustion control equipment 

designed to remove mercury from flue gases or mercury waste separation, respectively. Facilities choosing to 

control mercury emissions through the use of mercury control equipment must also comply with the flue gas 

temperature standard of subsection 62-296.416(4), F.A.C. 

(a) Emissions Standard for Facilities Using Mercury Control Equipment. 

1. Mercury emissions from facilities using post-combustion control equipment designed to remove mercury 

from flue gases shall not exceed 70 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent 02, 

or 20 percent by weight of the mercury in the flue gas upstream of the mercury control device (80 percent reduction 

by weight), whichever occurs first. 

2. Facilities with sulfur dioxide and hydrogen chloride control equipment in place or under construction as of 

July 1, 1993, and which choose to control mercury emissions through the use of mercury control equipment, shall 

comply with the mercury emissions limiting standard of subparagraph 62-296.416(3)(a)1., F.A.C., by July 1, 1995. 

All other facilities choosing to control mercury emissions through the use of mercury control equipment shall 

comply with the mercury emissions limiting standard of subparagraph 62-296.416(3)(a)1., F.A.C., by the date that 

the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits, which 

limits are established at paragraph 62-204.800(8)(b), F.A.C. 

3. Facilities subject to the mercury emissions limiting standard of subparagraph 62-296.416(3)(a)1., F.A.C., 

shall demonstrate individual emissions unit compliance by the compliance date specified in subparagraph 62-
432 

296.416(3)(a)2., F.A.C., and annually thereafter. 

(b) Emissions Standards for Facilities Using Waste Separation. The Department recognizes that reduction of 

mercury emissions from waste-to-energy facilities may be achieved by implementation of mercury waste separation 

programs. Such programs would require removal of objects containing mercury from the waste stream before the 

waste is used as a fuel. 

1. Facilities with sulfur dioxide and hydrogen chloride control equipment in place or under construction as of 

July 1, 1993, and which choose to control mercury emissions exclusively through the use of a waste separation 

program, shall submit a program plan to the Department by March 1, 1994, and shall comply with the following 

emissions limiting schedule. 

a. After July 1, 1995, mercury emissions shall not exceed 140 micrograms per dry standard cubic meter of flue 

gas, corrected to 7 percent O2. 

b. After July 1, 1997, mercury emissions shall not exceed 70 micrograms per dry standard cubic meter of flue 

gas, corrected to 7 percent O2. 

2. Beginning no later than July 1, 1994, facilities subject to subparagraph 62-296.416(3)(b)1., F.A.C., shall 

perform semiannual individual emissions unit mercury emissions tests. Facilities shall stagger the semiannual testing 

of individual emissions units such that at least one test is performed quarterly. All tests conducted after July 1, 1995, 

shall be used to demonstrate compliance with the mercury emissions limiting standards of subparagraph 62-

296.416(3)(b)1., F.A.C. 

3. Facilities which do not have sulfur dioxide and hydrogen chloride control equipment in place or under 

construction as of July 1, 1993, and which choose to control mercury emissions exclusively through the use of a 

waste separation program, shall comply with a mercury emission limitation of 70 micrograms per dry standard cubic 

meter of flue gas, corrected to 7 percent O2, by the later of July 1, 1997, or the date that the facility is required to 

demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits, which limits are established 

after July 1, 1993. If the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride 

emission limits by a date prior to July 1, 1997, it shall comply with a mercury emission limitation of 140 

micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2, by that date and until July 1, 1997. 

4. Facilities subject to subparagraph 62-296.416(3)(b)3., F.A.C., shall demonstrate individual emissions unit 

compliance with the mercury emission limiting standard by the date specified therein and semiannually thereafter. 

Facilities shall stagger the semiannual testing of individual emissions units such that at least one test is performed 

quarterly. 

(c) Mercury Emissions Inventory. For emissions inventory purposes, all waste-to-energy facilities with charging 

rates of 40 tons or more per day shall perform annual individual emissions unit mercury emissions tests and report 

the results to the Department. This testing shall begin during calendar year 1993 and end upon initiation of mercury 

testing pursuant to paragraph 62-296.416(3)(a) or (b), F.A.C. 

(d) Mercury Emissions Test Method and Procedures. All mercury emissions tests performed pursuant to the 

requirements of this rule shall comply with the following provisions. 

1. The test method for mercury shall be EPA Method 29 adopted in Chapter 62-297, F.A.C. 

2. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

(4) Flue Gas Temperature Standard. Waste-to-energy facilities choosing to control mercury emissions through 

the use of post-combustion control equipment designed to remove mercury from flue gases shall comply with the 

flue gas temperature standard of paragraph 62-296.416(4)(a), F.A.C. 

(a) Temperature Standard. The flue gas temperature standard set forth in 40 C.F.R. 60.53b(c), incorporated by 

reference in Rule 62.204.800, F.A.C., shall apply. 

(b) Temperature Monitoring. The temperature monitoring requirements set forth in 40 C.F.R. 60.58b(i), 

incorporated by reference in Rule 62-204.800, F.A.C., shall apply. 

(5) Carbon Usage Rate. The carbon injection rate operating standard and monitoring requirements set forth in 

40 C.F.R. 60.58b(m), incorporated by reference in Rule 62-204.800, F.A.C., shall apply. 

(6) Review of Standards. The Department shall review the mercury emission limits contained in subsection 62-

296.416(3), F.A.C., and make recommendations to the Environmental Regulation Commission on revising the 
433 

mercury emission limits no later than July 1, 1998. The review shall include an examination of available mercury 

emissions data and advances in mercury control technologies and mercury source separation techniques. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 10-5-93, Formerly 17-

296.416, Amended 11-23-94, 1-1-96, 10-20-96. 

62-296.417 Volume Reduction, Mercury Recovery and Mercury Reclamation. 

The terms “mercury recovery process” and “mercury reclamation process” are intended to have the same meanings 

as “mercury recovery facility” and “mercury reclamation facility,” respectively, as defined in Rule 62-737.200, 

F.A.C. The term “volume reduction process” means a facility where operations or processes are performed or 

equipment is used to receive and process spent mercury-containing lamps or devices in a manner such as crushing, 

grinding, compacting, or physically altering the state of the lamps or devices and which does not produce separation 

of the residuals, and is used for the size or volume reduction of lamps or mercury-containing devices. The term 

“facility” as used in this rule is intended to have the meaning as defined in Rule 62-210.200, F.A.C. The following 

standards apply to all new and existing volume reduction, mercury recovery and mercury reclamation processes 

except those exempted in paragraph 62-210.300(3)(a), F.A.C. 

(1) Operating Requirements. Facilities subject to this rule shall meet all operating requirements set forth herein, 

except that a facility may choose to control mercury emissions through the use of dual air handling systems or a 

single air handling system with redundant mercury controls, pursuant to either paragraph 62-296.417(1)(c) or (d), 

F.A.C., respectively. 

(a) Permissible Exposure Limit. The United States Occupational Safety and Health Administration (OSHA) 

permissible exposure limit for mercury vapor, set forth in 29 C.F.R. 1910.1000, is hereby adopted and incorporated 

by reference. 

(b) Negative Pressure Requirement for Processing Area. The area in which the processing equipment is located 

shall be fully enclosed and kept under negative pressure while processing mercury-containing lamps or devices. The 

term processing equipment is intended to have the meaning as defined in Rule 62-737.200, F.A.C. 

(c) Facilities with Dual Air Handling Systems. 

1. The owner or operator shall install a primary air handling system with air pollution control equipment in 

order to reduce the mercury content of the air collected during the volume reduction and mercury recovery and 

reclamation processes. 

2. The air collected by the primary system shall be vented within a fully enclosed area of the facility after the air 

is filtered through the air pollution control equipment. 

3. Once each day the facility processes any mercury-containing lamps or devices and while mercury-containing 

lamps or devices are being processed, a sample of air shall be collected within the fully enclosed area of the facility 

in which the air collected by the primary air handling system is vented. The mercury content of the sample shall be 

determined for comparison with the OSHA permissible exposure limit. The terms mercury-containing lamps and 

mercury-containing devices are intended to have the meanings as defined in Rule 62-737.200, F.A.C. 

4. The owner or operator shall operate, monitor and maintain the primary system air pollution control 

equipment in such a manner as not to exceed the OSHA permissible exposure limit for mercury vapor within the 

fully enclosed area of the facility in which the air collected by the primary air handling system is vented. 

5. The owner or operator shall install a secondary air handling system in order to maintain negative pressure in 

the fully enclosed area of the facility in which the air collected by the primary system is vented. 

6. The owner or operator shall install, operate, monitor and maintain air pollution control equipment in order to 

reduce the mercury content of the air collected by the secondary air handling system. 

7. The primary system with air pollution controls shall be independent and separate from the secondary system 

with air pollution controls. The primary and secondary system air pollution controls shall incorporate carbon filters 

or equivalent technology. 

(d) Facilities Using a Single Air Handling System with Redundant Mercury Controls. 

1. The owner or operator shall operate, monitor and maintain an air handling system with redundant air 

pollution control equipment in order to reduce the mercury content of the air collected during the volume reduction 
434 

and mercury recovery and reclamation processes. 

2. Redundant air pollution control equipment shall incorporate at least two carbon filters or equivalent 

technology arranged in series so that the air passes through both filters before being released. Each filter shall be 

designed as to ensure compliance with the OSHA permissible exposure limit for mercury vapor at the emission point 

in the event of a single filter failure. 

3. Once each day the facility processes any mercury-containing lamps or devices and while mercury-containing 

lamps or devices are being processed, a sample of air shall be collected downstream of the first carbon filter (or 

equivalent technology) and upstream of the second. The mercury content of the sample shall be determined for 

comparison with the OSHA permissible exposure limit. 

4. The owner or operator shall operate, monitor and maintain the air pollution control equipment in such a 

manner as not to exceed the OSHA permissible exposure limit for mercury vapor downstream of the first carbon 

filter (or equivalent technology) and upstream of the second. 

(2) Recordkeeping Requirements. The owner or operator of a facility subject to this rule shall maintain records 

of monitoring information that specify the date, place, and time of measurement; the methodology used; and the 

analytical results. These shall include all calibration and maintenance records of monitoring equipment. The owner 

or operator shall retain records of all monitoring data and supporting information, available for Department 

inspection, for a period of at least five years from the date of collection. 

Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 10-16-95, Amended 3-

13-96, 3-2-99. 

62-296.418 Bulk Gasoline Plants. 

(1) The owner or operator of a bulk gasoline plant that has begun operation prior to August 1, 2007, is located 

in an area designated as an air quality maintenance area for ozone under Rule 62-204.340, F.A.C., and has an 

average annual daily throughput of more than 2,000 gallons (7,570 liters) shall comply with the following 

requirements. 

(a) Gasoline shall not be loaded into a stationary storage tank at the bulk gasoline plant unless the storage tank 

is equipped for submerged filling, and such equipment is used as designed. 

(b) Gasoline shall not be loaded into a gasoline cargo tank at the bulk gasoline plant unless the gasoline cargo 

tank is equipped for submerged filling, and such equipment is used as designed. 

(2) The owner or operator of a bulk gasoline plant that begins operation on or after August 1, 2007, at any 

location in the state and with any throughput rate shall comply with the following requirements. 

(a) Gasoline shall not be loaded into a stationary storage tank at the bulk gasoline plant unless the storage tank 

is equipped for submerged filling, and such equipment is used as designed. 

(b) Gasoline shall not be loaded into a gasoline cargo tank at the bulk gasoline plant unless: 

1. The gasoline cargo tank is equipped for submerged filling, and such equipment is used as designed; 

2. The loading rack is equipped with a vapor collection and control system designed to minimize emissions of 

vapors displaced from the gasoline cargo tank during product loading; and 

3. The loading rack vapor collection and control system is designed and operated to prevent any vapors 

collected at the loading rack from passing to another loading rack. 

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 5-9-07, Amended 3-11-10.

62-296.470 Implementation of Federal Clean Air Interstate Rule. 

(1) Definitions and Provisions Adopted by Reference. 

(a) 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. 

(b) For purposes of subsection 62-296.470(2), F.A.C., the terms “CAIR NOx allowance,” “CAIR NOx Ozone 

Season allowance,” “CAIR NOx Ozone Season unit,” “CAIR NOx unit,” and ”CAIR source” shall have the 

meanings given at Rule 62-210.200, F.A.C. 

(c) For purposes of the verbatim application of the cited subparts of 40 CFR Part 96, as modified by the 
435 

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, where context dictates, the term “permitting authority” shall mean 

the Department, the term “State” shall mean the State of Florida, and the phrase “permitting authority’s title V 

operating permits regulations” shall mean Chapter 62-213, F.A.C. When used in the 40 CFR Part 96 substitute 

language set forth in this rule the terms “best available control technology (BACT)” and “biomass” shall have the 

meanings given at Rule 62-210.200, F.A.C. 

(2) Orders. 

(a) Prior to submitting any CAIR NOx allowance allocations to the Administrator pursuant to 40 CFR 96.141(a), 

(b), or (c), or 40 CFR 96.143, the Department shall issue an administrative order pursuant to Chapter 120, F.S., to all 

CAIR sources giving notice and opportunity for hearing with regard to the amount of CAIR NOx allowances the 

Department intends to submit to the Administrator for each CAIR NOx unit. 

(b) Prior to submitting any CAIR NOx Ozone Season allowance allocations to the Administrator pursuant to 40 

CFR 96.341(a), (b), or (c), the Department shall issue an administrative order to all CAIR sources giving notice and 

opportunity for hearing with regard to the amount of CAIR Ozone Season allowances the Department intends to 

submit to the Administrator for each CAIR NOx Ozone Season unit. 

(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) Subpart AA, CAIR NOx Annual Trading Program General Provisions. 

(b) Subpart BB, CAIR Designated Representative for CAIR NOx Sources. 

(c) Subpart CC, Permits. 

(d) Subpart EE, CAIR NOx Allowance Allocations, provided that substitute language, as set forth below, shall 

apply in lieu of the indicated provisions. 

1. In lieu of the language at 40 CFR 96.141(a), substitute: 

“By October 31, 2006, the permitting authority will submit to the Administrator the CAIR NOx allowance 

allocations, in a format prescribed by the Administrator and in accordance with sections 96.142(a) and (b), 

for the control periods in 2009, 2010, 2011, and 2012.” 

2. In lieu of the language at 40 CFR 96.141(b), substitute: 

“By October 31, 2009, and October 31 of each third year thereafter, the permitting authority will submit to 

the Administrator the CAIR NOx allowance allocations, in a format prescribed by the Administrator and in 

accordance with sections 96.142(a) and (b), for the control periods in the fourth, fifth, and sixth years after 

the year of the applicable deadline for submission under this paragraph.” 

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; 
436 

(B) If the unit is coal-fired during the year, and not subject to sub-subparagraph (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 sub-subparagraph (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 subparagraphs (a)(1)(i) and (ii) of this section, 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. In lieu of the language at 40 CFR 96.142(a)(2)(i), substitute: 

“A unit’s control period heat input, and a unit’s status as biomass-fired, coal-fired or oil-fired, for a calendar 

year under subparagraph (a)(1)(i) of this section, and a unit’s total tons of NOx emissions during a calendar 

year under paragraph (c)(3) of this section, will be determined in accordance with part 75 of this chapter, to 

the extent the unit was otherwise subject to the requirements of part 75 of this chapter for the year, or will be 

based on the best available data reported to the permitting authority for the unit, to the extent the unit was not 

otherwise subject to the requirements of part 75 of this chapter for the year.” 

5. In lieu of the language at 40 CFR 96.142(a)(2)(ii)(A), substitute: 

“Except as provided in sub-subparagraph (a)(2)(ii)(B) or (C) of this section, the control period gross 

electrical output of the generator or generators served by the unit multiplied by 7,900 Btu/kWh if the unit is 

biomass-fired (85 percent or more on a Btu basis) for the year, 7,900 Btu/kWh if the unit is coal-fired for the 

year, or 6,675 Btu/kWh if the unit is not biomass-fired or coal-fired for the year, and divided by 1,000,000 

Btu/mmBtu, provided that if a generator is served by 2 or more units, then the gross electrical output of the 

generator will be attributed to each unit in proportion to the unit’s share of the total control period heat input 

of such units for the year;” 

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

“For each control period in 2009 and thereafter, the permitting authority will allocate to all CAIR NOx units 

in the State that have a baseline heat input (as determined under paragraph (a) of this section) a total amount 

of CAIR NOx allowances equal to 95 percent of the tons of NOx emissions in the State trading budget under 

section 96.140 (except as provided in paragraph (d) of this section).” 

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

“The permitting authority will establish a separate new unit set-aside for each control period. Each new unit 

set-aside will be allocated CAIR NOx allowances equal to 5 percent of the amount of tons of NOx emissions 

in the State trading budget under section 96.140, adjusted as necessary to ensure that the sum of all 

allocations made by the permitting authority does not exceed the State trading budget.” 

8. In lieu of the language at 40 CFR 96.142(c)(4)(iv), substitute: 

“If the amount of CAIR NOx allowances in the new unit set-aside for the control period is less than the sum 

under subparagraph (c)(4)(ii) of this section, then the permitting authority will allocate to each CAIR NOx

unit covered by an allowance allocation request accepted under subparagraph (c)(4)(i) of this section the 

amount of the CAIR NOx allowances requested (as adjusted under subparagraph (c)(4)(i) of this section), 

multiplied by the amount of CAIR NOx allowances in the new unit set-aside for the control period, divided 

by the sum determined under subparagraph (c)(4)(ii) of this section, and rounded to the nearest whole 
437 

allowance using such rounding convention that results in allocation of the precise number of allowances in 

the new unit set-aside.” 

9. In lieu of the language at 40 CFR 96.142(d), substitute: 

“If, after completion of the procedures under paragraph (c)(4) of this section for a control period, any 

unallocated CAIR NOx allowances remain in the new unit set-aside for the control period, the permitting 

authority will allocate to each CAIR NOx unit that was allocated CAIR NOx allowances under paragraph (b) 

of this section an amount of CAIR NOx allowances equal to the total amount of such remaining unallocated 

CAIR NOx allowances, multiplied by the unit’s allocation under paragraph (b) of this section, divided by 95 

percent of the amount of tons of NOx emissions in the State trading budget under section 96.140, and 

rounded to the nearest whole allowance using such rounding convention that results in allocation of the 

precise number of allowances remaining in the new unit set-aside.” 

10. In lieu of the language at 40 CFR 96.143(a), substitute: 

“The permitting authority will establish a separate compliance supplement pool for the control period in 2009 

and will allocate CAIR NOx allowances equal to 8,335 tons to such pool. These allowances are in addition to 

the CAIR NOx allowances allocated under section 96.142.” 

11. In lieu of the language at 40 CFR 96.143(b), substitute: 

“For any CAIR NOx unit in the State, if the unit’s average annual NOx emission rate for 2007 or 2008 is less 

than 0.25 lb/mmBtu and, where such unit is included in a NOx averaging plan under section 76.11 of the 

chapter under the Acid Rain Program for such year, the unit’s NOx averaging plan has an actual weighted 

average NOx emission rate for such year equal to or less than the actual weighted average NOx emission rate 

for the year before such year and if the unit achieves NOx emission reductions in 2007 and 2008, the CAIR 

designated representative of the unit may request early reduction credits, and allocation of CAIR NOx

allowances from the compliance supplement pool under paragraph (a) of this section for such early reduction 

credits, in accordance with the following:” 

12. In lieu of the language at 40 CFR 96.143(b)(2), substitute: 

“The CAIR designated representative of such CAIR NOx unit shall submit to the permitting authority by May 

1, 2009, a request, in a format specified by the permitting authority, for allocation of an amount of CAIR 

NOx allowances from the compliance supplement pool not exceeding the sum of the unit’s heat input for the 

control period in 2007 multiplied by the difference (if any greater than zero) between 0.25 lb/mmBtu and the 

unit’s NOx emission rate for the control period in 2007 plus the unit’s heat input for the control period in 

2008 multiplied by the difference (if any greater than zero) between 0.25 lb/mmBtu and the unit’s NOx

emission rate for the control period in 2008, determined in accordance with subpart HH of this part and with 

the sum divided by 2,000 lb/ton and rounded to the nearest whole number of tons as appropriate.” 

(e) Subpart FF, CAIR NOx Allowance Tracking System. 

(f) Subpart GG, CAIR NOx Allowance Transfers. 

(g) Subpart HH, Monitoring and Reporting. 

(4) CAIR 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) Subpart AAA, CAIR SO2 Trading Program General Provisions. 

(b) Subpart BBB, CAIR Designated Representative for CAIR SO2 Sources. 

(c) Subpart CCC, Permits. 

(d) Subpart FFF, CAIR SO2 Allowance Tracking System. 

(e) Subpart GGG, CAIR SO2 Allowance Transfers. 

(f) Subpart HHH, Monitoring and Reporting. 

(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) Subpart AAAA, CAIR NOx Ozone Season Trading Program General Provisions. 

(b) Subpart BBBB, CAIR Designated Representative for CAIR NOx Ozone Season Sources. 
438 

(c) Subpart CCCC, Permits. 

(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. In lieu of the language at 40 CFR 96.341(a), substitute: 

“By October 31, 2006, the permitting authority will submit to the Administrator the CAIR NOx Ozone 

Season allowance allocations, in a format prescribed by the Administrator and in accordance with sections 

96.342(a) and (b), for the control periods in 2009, 2010, 2011, and 2012.” 

2. In lieu of the language at 40 CFR 96.341(b), substitute: 

“By October 31, 2009, and October 31 of each third year thereafter, the permitting authority will submit to 

the Administrator the CAIR NOx Ozone Season allowance allocations, in a format prescribed by the 

Administrator and in accordance with sections 96.342(a) and (b), for the control periods in the fourth, fifth, 

and sixth years after the year of the applicable deadline for submission under this paragraph.” 

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: 

(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 96.341(b). 

(iii) Notwithstanding subparagraphs (a)(1)(i) and (ii) of this section, 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. In lieu of the language at 40 CFR 96.342(a)(2)(i), substitute: 

“A unit’s control period heat input, and a unit’s status as biomass-fired, coal-fired or oil-fired, for a calendar 

year under paragraph (a)(1)(i) of this section, and a unit’s total tons of NOx emissions during a control period 

in a calendar year under paragraph (c)(3) of this section, will be determined in accordance with part 75 of this 
439 

chapter, to the extent the unit was otherwise subject to the requirements of part 75 of this chapter for the year, 

or will be based on the best available data reported to the permitting authority for the unit, to the extent the 

unit was not otherwise subject to the requirements of part 75 of this chapter for the year.” 

5. In lieu of the language at 40 CFR 96.342(a)(2)(ii)(A), substitute: 

“Except as provided in paragraph (a)(2)(ii)(B) or (C) of this section, the control period gross electrical output 

of the generator or generators served by the unit multiplied by 7,900 Btu/kWh if the unit is biomass-fired (85 

percent or more on a Btu basis) for the year, 7,900 Btu/kWh if the unit is coal-fired for the year, or 6,675 

Btu/kWh if the unit is not biomass-fired or coal-fired for the year, and divided by 1,000,000 Btu/mmBtu, 

provided that if a generator is served by 2 or more units, then the gross electrical output of the generator will 

be attributed to each unit in proportion to the unit’s share of the total control period heat input of such units 

for the year;” 

6. In lieu of the language at 40 CFR 96.342(b)(1), substitute: 

“For each control period in 2009 and thereafter, the permitting authority will allocate to all CAIR NOx Ozone 

Season units in the State that have a baseline heat input (as determined under paragraph (a) of this section) a 

total amount of CAIR NOx allowances equal to 95 percent of the tons of NOx emissions in the State trading 

budget under section 96.340 (except as provided in paragraph (d) of this section).” 

7. In lieu of the language at 40 CFR 96.342(c)(1), substitute: 

“The permitting authority will establish a separate new unit set-aside for each control period. Each new unit 

set-aside will be allocated CAIR NOx Ozone Season allowances equal to 5 percent of the amount of tons of 

NOx emissions in the State trading budget under section 96.340, adjusted as necessary to ensure that the sum 

of all allocations made by the permitting authority does not exceed the State trading budget.” 

8. In lieu of the language at 40 CFR 96.342(c)(4)(iv), substitute: 

“If the amount of CAIR NOx Ozone Season allowances in the new unit set-aside for the control period is less 

than the sum under paragraph (c)(4)(ii) of this section, then the permitting authority will allocate to each 

CAIR NOx Ozone Season unit covered by an allowance allocation request accepted under paragraph (c)(4)(i) 

of this section the amount of the CAIR NOx Ozone Season allowances requested (as adjusted under 

paragraph (c)(4)(i) of this section), multiplied by the amount of CAIR NOx Ozone Season allowances in the 

new unit set-aside for the control period, divided by the sum determined under paragraph (c)(4)(ii) of this 

section, and rounded to the nearest whole allowance using such rounding convention that results in allocation 

of the precise number of allowances in the new unit set-aside.” 

9. In lieu of the language at 40 CFR 96.342(d), substitute: 

“If, after completion of the procedures under paragraph (c)(4) of this section for a control period, any 

unallocated CAIR NOx Ozone Season allowances remain in the new unit set-aside for the control period, the 

permitting authority will allocate to each CAIR NOx Ozone Season unit that was allocated CAIR NOx Ozone 

Season allowances under paragraph (b) of this section an amount of CAIR NOx Ozone Season allowances 

equal to the total amount of such remaining unallocated CAIR NOx Ozone Season allowances, multiplied by 

the unit’s allocation under paragraph (b) of this section, divided by 95 percent of the amount of tons of NOx

emissions in the State trading budget under section 96.340, and rounded to the nearest whole allowance using 

such rounding convention that results in allocation of the precise number of allowances remaining in the new 

unit set-aside.” 

(e) Subpart FFFF, CAIR NOx Ozone Season Allowance Tracking System. 

(f) Subpart GGGG, CAIR NOx Ozone Season Allowance Transfers. 

(g) Subpart HHHH, Monitoring and Reporting. 

Specific Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 9-4-06, Amended 4-1-07, 

10-6-08. 
440 

62-296.480 Implementation of Federal Clean Air Mercury Rule. 

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 9-6-06, 

Repealed 1-7-10. 

62-296.500 Reasonably Available Control Technology (RACT) – Volatile Organic Compounds (VOC) 

and Nitrogen Oxides (NOx) Emitting Facilities. 

(1) Applicability. 

(a) The specific emission limiting standards and other requirements of Rules 62-296.500 through 62-296.516, 

F.A.C., shall apply to existing VOC-emitting facilities in areas designated as air quality maintenance areas for ozone 

under Rule 62-204.340, F.A.C. In addition, the emission limiting standards of these rules shall apply to new and 

modified VOC-emitting facilities in areas designated as air quality maintenance areas for ozone under Rule 62-

204.340, F.A.C., except those new and modified VOC-emitting facilities which have been or would be subject to 

review pursuant to 40 C.F.R. 52.21 or Rule 17-2.17 (repealed), 17-2.500 (transferred), 17-2.510 (transferred), 62-

212.400 or 62-212.500, F.A.C. 

(b) In addition to the applicable requirements of this rule the specific emission limiting standards and other 

requirements of Rule 62-296.570, F.A.C., shall apply in Broward, Dade, and Palm Beach counties to major VOCemitting facilities not regulated in whole under Rules 62-296.501 through 62-296.516, F.A.C., and major NOxemitting facilities, except those new and modified major VOC- and NOx-emitting facilities which have been or 

would be subject to review pursuant to 40 C.F.R. 52.21 or Rule 17-2.17 (repealed), 17-2.500 (transferred), 17-2.510 

(transferred), 62-212.400, or 62-212.500, F.A.C. 

(2) Permit, Recordkeeping, and Compliance Reporting Requirements. 

(a) Permits – Special Considerations. 

1. Permits to construct or operate are required for all emissions units subject to a specific emission limiting 

standard or other requirement of Rules 62-296.501 through 62-296.516, F.A.C., or Rule 62-296.570, F.A.C., except 

those emissions units subject to Rule 62-296.512, F.A.C., Cutback Asphalt. 

2. Permits to operate shall contain conditions relating to operation, emission levels, control equipment, use of 

low solvent technology or other resource characteristics necessary to insure compliance with the applicable rules. 

(b) Recordkeeping. 

1. An owner or operator of a stationary emissions unit using adhesives, coating, solvents, and/or graphic arts 

materials and subject to a specific emission limiting standard or other requirement of Rules 62-296.501 through 62-

296.516, F.A.C., or Rule 62-296.570, F.A.C., shall maintain daily records of operations for the most recent two year 

period. The records shall be made available to the local, state, or federal air pollution agency upon request. The 

records shall include, but not be limited to, the following: 

a. The rule number applicable to the operation for which the records are being maintained. 

b. The application method and substrate type (metal, plastic, paper, etc.). 

c. The amount and type of adhesive, coatings (including catalyst and reducer for multicomponent coatings), 

solvent, and/or graphic arts material used at each point of application, including exempt compounds. 

d. The VOC content as applied in each adhesive coating, solvent, and/or graphic arts material. 

e. The date for each application of adhesive coating, solvent, and/or graphic arts material. 

f. The amount of surface preparation, clean-up, wash-up of solvent (including exempt compounds) used and the 

VOC content of each. 

g. Oven temperature (where applicable). 

2. VOC content shall be calculated using a percent solids basis (less water and exempt solvents) for adhesives, 

coating, and inks, using EPA Reference Method 24. 

3. VOC content and density of rotogravure publication inks shall be determined by EPA Reference Method 

24A. 

4. The Department may accept, instead of the coating analysis methods required under paragraphs 62-

296.500(2)(b)2. and 3., F.A.C., a certification by the coating manufacturer of the composition of the coating if it is 

supported by actual batch formulation records. The manufacturer’s certification shall be consistent with EPA’s 

document number 450/3-84-019, titled, “Procedures for Certifying Quantity of Volatile Organic Compounds 
441 

Emitted by Paint, Ink, and Other Coatings”. 

5. When an emissions unit utilizes add-on controls to achieve compliance, documentation will be necessary to 

assure proper operation. Examples of some controls and related information are: 

a. Thermal incinerator – combustion temperature, inlet and outlet VOC concentration from emission tests, how 

and when these concentrations were determined, destruction or removal efficiency, and manufacturer data. 

b. Catalytic incinerator – exhaust gas temperature, change in temperature across catalyst bed, date of last change 

of catalyst bed, inlet and outlet VOC concentration from emission tests, how and when these concentrations were 

determined, destruction or removal efficiency, and manufacturer data. 

c. Condenser – inlet temperature of cooling medium, outlet temperature of cooling medium, inlet and outlet 

VOC concentration from emission tests, how and when these concentrations were determined, removal efficiency, 

and manufacturer data. 

(c) Reporting. Annually, in accordance with a schedule and reporting format provided by the Department, the 

owner or operator of any emissions unit having a Department air operation permit and subject to a specific emission 

limitation under Rules 62-296.501 through 62-296.516, F.A.C., shall provide the Department with proof of 

compliance with such limitation. Compliance with the requirements of Rule 62-296.570, F.A.C., shall be 

demonstrated in accordance with the provisions of that rule. 

(3) Exceptions. 

(a) Emissions units which in combination with all other emissions units at the facility subject to the same 

specific emission limitation under Rules 62-296.501 through 62-296.516, F.A.C., emit VOC at rates of not more 

than 15 pounds (6.8 kilograms) in any one day and not more than 3 pounds (1.4 kilograms) in any one hour. 

(b) Emissions units used exclusively for chemical or physical analysis, or for the determination of product 

quality and commercial acceptance, provided: 

1. The operation of the emissions unit is not an integral part of any production process; and, 

2. The emissions from the emissions unit do not exceed 800 pounds (363 kilograms) in any one calendar month. 

(4) Consideration of Exempt Solvents – Compliance calculations for coatings containing solvents exempted 

under the definition of VOC shall be determined as follows: 

Given the mass of VOC and mass of exempt solvent per unit volume of coating, determine the mass of VOC per 

unit volume of coating less exempt solvent. 

Let 

 x = mass of exempt solvent per unit volume of coating 

 y = mass of VOC per unit volume of coating 

 d = density of exempt solvent 

 z = mass of VOC per unit volume of coating less exempt solvent. 

Then 

 z = [y/ (1 - x/d)] or 

If more than one solvent is present and the individual volumes and densities are known, use: 

 d = d1 V1 + d2 V2 + . . . dn Vn

 _____________________ 

 V1 + V2 + . . . Vn

where 

V = volume of each component solvent 

(5) Compliance may be demonstrated for surface coating and graphic arts facilities on a 24-hour weighted 

average basis for a single emissions unit point with a single emission limit. 

(6) Specific Emission Limitations. The specific volatile organic compounds emission limiting standards set 

forth in Rules 62-296.401 through 62-296.416, F.A.C., have been found to represent the application of RACT for 

each emissions unit category listed in those rules except for those emissions unit categories listed in Rules 62-

296.501 through 62-296.516, F.A.C., and Rule 62-296.570, F.A.C. For those emissions unit categories the volatile 

organic compounds emission standards of Rules 62-296.501 through 62-296.516, F.A.C., and Rule 62-296.570, 

F.A.C., have been found to represent the application of RACT. Emission limitations for surface coating operations 
442 

shall be expressed in units of pounds VOC/gallon of solids as applied rather than pounds VOC/gallon of coating 

(less water and exempt solvents) when crossline averaging or compliance using add-on control equipment such as 

incineration is involved. The method of calculating pounds VOC/gallon of solids as applied from the pounds 

VOC/gallon of coating is shown in Table 296.500-1. 

TABLE 296.500-1 CALCULATION OF POUNDS VOC/GALLON OF SOLIDS 

FROM POUNDS VOC/GALLON OF COATING 

These calculations shall be determined as follows: 

EXAMPLE CONVERSION 

GIVEN: COATING OF 3 POUNDS VOC/GALLON OF COATING (LESS WATER AND EXEMPT 

SOLVENTS) AND VOC DENSITY OF 7.36 POUNDS VOC/GALLON. 

PROBLEM: CONVERT POUNDS VOC/GALLON OF COATING TO POUNDS VOL/GALLON OF 

SOLIDS. 

STEP 1 – WHAT IS THE VOLUME OF VOC IN 1 GALLON OF COATING? 

 3 POUNDS VOC × 1 GALLON VOC = 0.408 GALLON VOC 

 ________________ ________________ ___________________ 

 GALLON COATING 7.36 POUNDS VOC GALLON COATING 

STEP 2 – WHAT IS THE VOLUME OF SOLIDS IN 1 GALLON COATING? 

1 GALLON COATING – VOLUME VOC = VOLUME SOLIDS 

1 – 0.408 = 0.592 GALLON SOLIDS 

STEP 3 – HOW MANY GALLONS OF COATING DOES IT TAKE TO GET A GALLON OF SOLIDS? 

(INVERSE OF STEP 2) 

 1 GALLON COATING = 1.689 GALLON COATING 

 ___________________ _____________________ 

 0.592 GALLON SOLIDS GALLON SOLIDS 

STEP 4 – CONVERT 3 POUNDS VOC/GALLON OF COATING TO POUNDS VOC/GALLON OF SOLIDS 

 3 POUNDS GALLON × 1.689 GALLON COATING = 5.07 

POUNDS VOC 

 __________________ _______________________ _________________ 

ANSWER: 3 POUNDS VOC/GALLON OF COATING (LESS WATER AND EXEMPT SOLVENTS) = 5.07 

POUNDS VOC/GALLON OF SOLIDS 

Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1) – 

(1)(f), Amended 2-2-93, 3-17-94, Formerly 17-296.500, Amended 11-23-94, 1-1-96, 3-11-10.

62-296.501 Can Coating. 

(1) Applicability. The emission limiting standards set forth in Rule 62-296.501, F.A.C., will apply to: 

(a) Coating applicators and ovens of sheet, can, or end coating lines involved in sheet basecoat (exterior and 

interior) and overvarnish; 

(b) Two-piece can exterior (basecoat and overvarnish); 

(c) Two- and three-piece can interior body spray; 

(d) Two-piece can exterior end (spray or roll coat); 

(e) Three-piece can side-seam and end sealing compound operation. 

(2) Emission Limiting Standards. No owner or operator of can coating lines subject to Rule 62-296.501, F.A.C., 

may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of the 

total discharge that would occur if each coating line complied with the emission limitations contained in paragraphs 

62-296.501(2)(a) through (d), F.A.C. below. Compliance with these limitations for any given day’s operation shall 

be determined by using the method contained in 45 FR80824. A copy of the above referenced document is available 

from the Superintendent of Documents, U.S. Government Printing Office, Washington, D. C., and may be inspected 
443 

at the Department's Tallahassee office. 

(a) 2.8 pounds per gallon of coating (0.34 kilograms per liter), excluding water, delivered to the coating 

applicator of; 

1. Sheet basecoat (exterior and interior) and overvarnish, or 

2. Two-piece can exterior (basecoat and overvarnish) operation. 

(b) 4.2 pounds per gallon of coating (0.50 kilograms per liter), excluding water delivered to the coating 

applicator from two- and three-piece can interior body spray and two-piece can exterior end (spray or roll coat) 

operations. 

(c) 5.5 pounds per gallon of coating (0.66 kilograms per liter), excluding water, delivered to the coating 

applicator from three-piece can side-seam spray operations. 

(d) 3.7 pounds per gallon of coating (0.44 kilograms per liter) excluding water delivered to the coating 

applicator from can side-seams and end sealing compound operations. 

(3) Control Technology. The emission limits in subsection 62-296.501(2), F.A.C., shall be achieved by: 

(a) The application of low solvent content coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)1., 

17-296.501, Amended 11-23-94, 1-1-96. 

62-296.502 Coil Coating. 

(1) Applicability. The emission limiting standard set forth in Rule 62-296.502, F.A.C., will apply to coating 

applicators, coating lines with or without ovens, and quench areas of coil coating lines involved in prime and topcoat 

or single-coat operations. 

(2) Emission Limiting Standard. No owner or operator of a coil coating line subject to Rule 62-296.502, F.A.C., 

may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of 2.6 

pounds per gallon of coating (0.31 kilograms per liter), excluding water delivered to a coating applicator from prime 

and topcoat or single-coat operations. 

(3) Control Technology. The emission limit under subsection 62-296.502(2), F.A.C., shall be achieved by: 

(a) The application of low solvent content coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as a total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 
444 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)2., 

17-296.502, Amended 11-23-94, 1-1-96. 

62-296.503 Paper Coating. 

(1) Applicability. The emission limiting standards set forth in Rule 62-296.503, F.A.C., will apply to roll, knife, 

or rotogravure coaters and drying ovens of paper coating lines. The following standards shall also apply to saturation 

operations. 

(2) Emission Limiting Standards. No owner or operator of a paper coating line subject to Rule 62-296.503, 

F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess 

of 2.9 pounds per gallon of coating (0.35 kilograms per liter), excluding water, delivered to the coating applicator 

from a paper coating line. 

(3) Control Technology. The emission limit under subsection 62-296.503(2), F.A.C., shall be achieved by: 

(a) The application of low solvent content coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)3., 

17-296.503, Amended 11-23-94, 1-1-96. 

62-296.504 Fabric and Vinyl Coating. 

(1) Applicability. The emission limiting standards set forth in Rule 62-296.504, F.A.C., will apply to roll, knife, 

or rotogravure coaters and drying ovens of fabric and vinyl coating lines. The following standards shall also apply to 

saturation operations. 

(2) Emission Limiting Standards. 

(a) No owner or operator of a fabric coating line or a vinyl coating line subject to Rule 62-296.504, F.A.C., may 

cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of: 

1. 2.9 pounds per gallon of coating (0.35 kilograms per liter), excluding water, delivered to a coating applicator 

from a fabric coating line. 

2. 3.8 pounds per gallon of coating (0.46 kilograms per liter), excluding water, delivered to a coating applicator 

from a vinyl coating line. 

(3) Control Technology. 

The emission limits under subsection 62-296.504(2), F.A.C., shall be achieved by: 

(a) The application of low solvent content coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 
445 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)4., 

17-296.504, Amended 11-23-94, 1-1-96. 

62-296.505 Metal Furniture Coating. 

(1) Applicability. The emission limiting standards set forth in Rule 62-296.505, F.A.C., will apply to the 

application areas, flash-off areas, and ovens of metal furniture coating lines involved in prime and topcoat or singlecoating operations. 

(2) Emissions Limiting Standards. No owner or operator of a metal furniture coating line subject to Rule 62-

296.505, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds 

in excess of 3.0 pounds per gallon of coating (0.36 kilograms per liter), excluding water, delivered to the coating 

applicator from prime and topcoat or single-coat operations. Credit for transfer efficiency above the baseline of 60% 

for spray coating operations can be granted according to the following formula: 

 X = (te) (z) (y) 

 ________ 

 Y + (TE) (Z) 

where 

 X = allowable maximum VOC content (kg VOC/liter of coating less 

 water) 

 Y = density of the VOC in the maximum VOC content coating 

 (kg/liter) 

 Z = applicable emission limit (kg VOC/liter of coating solids 

 deposited) 

 TE = transfer efficiency 

An EPA and state approved test method for determination of transfer efficiency above the baseline is required. 

(3) Control Technology. The emission limit under subsection 62-296.505(2), F.A.C., shall be achieved by: 

(a) The application of low solvent content coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 
446 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)5., 

17-296.505, Amended 11-23-94, 1-1-96. 

62-296.506 Surface Coating of Large Appliances. 

(1) Applicability. 

(a) The emission limiting standards set forth in Rule 62-296.506, F.A.C., shall apply to application areas, flashoff areas, and ovens of large appliance coating lines involved in prime, single, or topcoat coating operations. Credit 

for transfer efficiency above the baseline of 60% for spray coating operations can be granted according to the 

following formula: 

 X = (te) (z) (y) 

 ____________ 

 Y + (TE) (Z) 

where 

 X = allowable maximum VOC content (kg VOC/liter of coating less 

 water) 

 Y = density of the VOC in the maximum VOC content coating 

 (kg/liter) 

 Z = applicable emission limit (kg VOC/liter of coating solids 

 deposited) 

 TE = transfer efficiency 

An EPA and state approved test method for determination of transfer efficiency above the baseline is required. 

(b) Rule 62-296.506, F.A.C., does not apply to the use of quick-drying lacquers for repair of scratches and nicks 

that occur during assembly, provided that the volume of coating does not exceed one quart (0.95 liters) in any one 8-

hour period. 

(2) Emission Limiting Standard. No owner or operator of a large appliance coating line subject to Rule 62-

296.506, F.A.C., may cause, allow or permit the discharge into the atmosphere of any volatile organic compounds in 

excess of 0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the coating 

applicator from prime, single, or topcoat coating operations. 

(3) Control Technology. The emission limit under subsection 62-296.506(2), F.A.C., shall be achieved by: 

(a) The application of low solvent content coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)6., 

17-296.506, Amended 11-23-94, 1-1-96. 

62-296.507 Magnet Wire Coating. 

(1) Applicability. The emission limiting standard set forth in Rule 62-296.507, F.A.C., shall apply to the ovens 
447 

of magnet wire coating operations. 

(2) Emission Limiting Standards. No owner or operator of a magnet wire coating oven subject to Rule 62-

296.507, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds 

in excess of 1.7 pounds per gallon of coating (0.20 kilograms per liter), excluding water, delivered to the coating 

applicator from magnet wire coating operations. 

(3) Control Technology. The emission limit under subsection 62-296.507(2), F.A.C., shall be achieved by: 

(a) The application of low solvent content coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)7., 

17-296.507, Amended 11-23-94, 1-1-96. 

62-296.508 Petroleum Liquid Storage. 

(1) Applicability. 

(a) The control technology set forth in Rule 62-296.508, F.A.C., shall apply to all fixed roof storage vessels 

with capacities equal to or greater than 42,000 gallons (159,000 liters; nominal design 1,000 barrels (bbls.) 

containing petroleum liquids whose true vapor pressure is greater than 1.50 psia (10.3 kilopascals) but shall not be 

used if the petroleum liquid has a true vapor pressure of 11.0 psia (76 kilopascals) or greater under actual storage 

conditions. 

(b) Rule 62-296.508, F.A.C., shall not apply to volatile petroleum liquid storage vessels: 

1. Equipped with external floating roofs before the effective date of this rule; or, 

2. Having capacities equal to or less than 420,000 gallons (1,590,000 liters; nominal design 10,000 bbls.) 

located at oil field production sites and used to store produced oil and condensate prior to lease custody transfer. 

(2) Control Technology. Except as provided under paragraph 62-296.508(1)(b), F.A.C., no owner or operator of 

an affected emissions unit under paragraph 62-296.508(1)(a), F.A.C., shall permit the use of such emissions unit 

unless: 

(a) The emissions unit has been retrofitted with an internal floating roof equipped with a closure seal, or seals, 

to close the space between the roof edge and tank wall, or the emissions unit has been retrofitted with an equally 

effective alternative control; and, 

(b) The emissions unit is maintained such that there are no visible holes, tears, or other openings in the seal or 

any seal fabric or materials; and, 

(c) All openings, except stub drains are equipped with covers, lids, or seals such that: 

1. The cover, lid, or seal is in the closed position at all times except on demand for sampling, maintenance, 

repair, or necessary operational practices; and, 

2. Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg 

supports; and, 

3. Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the 

manufacturer’s recommended setting. 
448 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Internal Floating Roof and Roof Seals. The test method for volatile organic compounds shall be p. 6-2 of 

EPA 450/2-77-036, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)8., 17-296.508, 

Amended 11-23-94, 1-1-96, 10-6-08. 

62-296.510 Bulk Gasoline Terminals. 

(1) Applicability. The emission limiting standards or control technology set forth in Rule 62-296.510, F.A.C., 

applies to bulk gasoline terminals and the appurtenant equipment necessary to load the tank truck or trailer 

compartments. 

(2) Emission Limiting Standards. Emissions units affected under subsection 62-296.510(1), F.A.C., shall not 

allow mass emissions of volatile organic compounds from control equipment to exceed 4.7 grains per gallon (80 

milligrams per liter) of gasoline loaded. 

(3) Control Technology. No person shall load gasoline into any tank, trucks or trailers from any bulk gasoline 

terminal unless: 

(a) Displaced vapors are vented only to the vapor control system; and, 

(b) A means is provided to prevent liquid waste from the loading device to exceed the quantity specified for the 

self sealing coupler or adapter according to API regulation RP 1004 (or equivalent) upon the loading device being 

disconnected or when it is not in use (the above referenced are available from the American Petroleum Institute, 

2101 “L” Street N. W., Washington, D.C. 20037); and, 

(c) All loading and vapor lines equipped with fittings are vapor tight; and, 

(d) The bulk gasoline terminal is equipped with a properly installed and operated vapor control system 

complying with Rule 62-296.510, F.A.C., and which recovers vapors from the equipment being controlled or which 

directs all vapors to a combustion or incineration system. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Vapor Control Emissions. The test methods for volatile organic compounds shall be EPA Methods 2A, 2B, 

25A and 25B, incorporated and adopted by reference in Chapter 62-297, F.A.C. sub-subpargraph 62-

297.440(2)(b)1.a., F.A.C., shall also apply. 

(b) Equipment Vapor-Leak Detection. The test methods for volatile organic compounds shall be EPA Methods 

21 and 27, incorporated and adopted by reference in Chapter 62-297, F.A.C. sub-subparagraph 62-297.440(2)(b)2.a., 

F.A.C., shall also apply. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)10., 

17-296.510, Amended 11-23-94, 1-1-96. 

62-296.511 Solvent Metal Cleaning. 

(1) Applicability. 

(a) The emission limiting standards and control technology set forth in Rule 62-296.511, F.A.C., shall apply to 

cold cleaning, open-top vapor degreasing, and conveyorized degreasing operations. All new and existing degreasing 

facilities using the following halogenated solvents are subject to the requirements (including compliance deadlines) 
449 

of the national emission standard for halogenated solvent degreasers at 40 C.F.R. Part 63, Subpart T, adopted and 

incorporated by reference in Rule 62-204.800, F.A.C.: carbon tetrachloride, chloroform, tetrachloroethylene, 1,1,1-

trichloroethane, trichloroethylene, and methylene chloride. Until compliance is achieved with the requirements of 40 

C.F.R. Part 63, Subpart T, existing (as of November 29, 1993) halogenated solvent degreasing facilities must also 

comply with the requirements of this rule. The requirements of this rule shall not apply to any halogenated solvent 

degreasing facility after it has achieved compliance with the requirements of 40 C.F.R. Part 63, Subpart T. 

(b) The provisions of Rule 62-296.511, F.A.C., shall apply with the following exceptions: 

1. Open-top vapor degreasers with an open area smaller than 10.8 square feet (one square meter) shall be 

exempt from paragraph 62-296.511(3)(c), F.A.C.; 

2. Conveyorized degreasers with an air/vapor interface smaller than 21.5 square feet (2.0 square meters) shall be 

exempt from paragraph 62-296.511(4)(b), F.A.C. 

(2) Cold Cleaning Control Technology. Except as provided under subsection 62-296.511(1), F.A.C., the owner 

or operator of a cold cleaning facility shall comply with each of the following requirements: 

(a) Equip the cleaner with a cover. The cover shall be so designed that it can be easily operated with one hand 

if: 

1. The solvent volatility is greater than 0.3 pounds per square inch (15 millimeters of mercury or 2 kilopascals) 

measured at 100 degrees Fahrenheit (38 degrees Celsius); 

2. The solvent is agitated; 

3. The solvent is heated. 

(b) Equip the cleaner with a facility for draining cleaned parts. The drainage facility shall be constructed 

internally so that parts are enclosed under the cover while draining if the solvent volatility is greater than 0.6 pounds 

per square inch (31 millimeters of mercury or 4.1 kilopascals) measured at 100 degrees Fahrenheit (38 degrees 

Celsius), except that the drainage facility may be external for the applications where an internal type cannot fit into 

the cleaning system. 

(c) Install one of the following control devices if the solvent volatility is greater than 0.6 pounds per square inch 

(31 millimeters of mercury or 4.1 kilopascals) measured at 100 degrees Fahrenheit (38 degrees Celsius), or if the 

solvent is heated above 120 degrees Fahrenheit (50 degrees Celsius): 

1. Freeboard that gives a freeboard ratio greater than or equal to 0.7; or, 

2. Water cover (solvent must be insoluble in and heavier than water); or, 

3. Other systems of equivalent control such as refrigerated chiller or carbon absorption. 

(d) Provided a permanent, conspicuous label summarizing the operating requirements. 

(e) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another 

party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere. 

(f) Close the cover whenever parts are not being handled in the cleaner. 

(g) Drain the cleaned parts for at least 15 seconds or until dripping ceases. 

(h) If used, supply a solvent spray that is a solid fluid stream (not a fine, atomized, or shower-type spray) at a 

pressure which does not cause excessive splashing. 

(3) Open Top Vapor Degreaser Control Technology. Except as provided under Rule 62-296.511, F.A.C., the 

owner or operator of an open top vapor degreaser shall comply with each of the following requirements: 

(a) Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor 

zone. 

(b) Provide the following safety switches: 

1. A condenser flow switch and thermostat which shut off the heat if the condenser coolant is either not 

circulating or too warm; and, 

2. A spray safety switch which shuts off the spray pump if the vapor level drops more than 4 inches (10 

centimeters) below the bottom condenser coil; and, 

3. A vapor level control thermostat which shuts off the heat when the vapor level rises too high. 

(c) Install one of the following control devices: 

1. A freeboard ratio greater than or equal to 0.75, and a powered or mechanically assisted cover if the degreaser 
450 

opening is greater than 10.8 square feet (1.0 square meter); or, 

2. Refrigerated chiller; or, 

3. An enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser); 

or, 

4. A carbon adsorption system, with ventilation greater than or equal to 50 cubic feet per minute per square foot 

(15 cubic meters per minute per square meter) of air/vapor area (when cover is open), and exhausting less than 25 

parts per million of solvent averaged over one complete adsorption cycle. 

(d) Keep the cover closed at all times except when processing work loads through the degreaser. 

(e) Minimize solvent carryout by: 

1. Racking parts to allow complete drainage; and, 

2. Moving parts in and out of the degreaser at less than 11 feet per minute (3.3 meters per minute); and, 

3. Holding the parts in the vapor zone at least 30 seconds or until condensation ceases; and, 

4. Decanting any pools of solvent on the cleaned parts before removal from the vapor zone; and, 

5. Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry. 

(f) Not degrease porous or absorbent materials, such as cloth, leather, wood, or rope. 

(g) Not occupy more than half of the degreaser’s open-top area with a workload. 

(h) Not load the degreaser to the point where the vapor level would drop more than 4 inches (10 centimeters) 

below the bottom condenser coil when the workload is removed from the vapor zone. 

(i) Always spray below the vapor level. 

(j) Repair solvent leaks immediately, or shut down the degreaser. 

(k) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another 

party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere. 

(l) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator. 

(m) Not use ventilation fans near the degreaser opening, nor provide exhaust ventilation exceeding 66 cubic feet 

per minute per square foot (20 cubic meters per minute per square meter) of degreaser open area, unless necessary to 

meet OSHA requirements. 

(n) Provide a permanent, conspicuous label, summarizing the operating procedure of paragraph 62-

296.511(3)(d) through (l), F.A.C. 

(4) Conveyorized Degreaser Control Technology. Except as provided under subsection 62-296.511(1), F.A.C., 

the owner or operator of a conveyorized degreaser shall comply with the following requirements: 

(a) Not use work-place fans near the degreaser opening, nor provide exhaust ventilation exceeding 66 cubic feet 

per minute per square foot (20 cubic meters per minute per square meter) of degreaser opening, unless necessary to 

meet Occupational Safety and Health Administration (OSHA) requirements. OSHA regulations are available from 

the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., and may be inspected at the 

Department's Tallahassee office. 

(b) Install one of the following control devices: 

1. Refrigerated chiller; or, 

2. Carbon absorption system, with ventilation greater than or equal to 49 cubic feet per minute per square foot 

(15 cubic meters per square meter) of air/vapor area (when downtime covers are open), and exhausting less than 25 

parts per million of solvent by volume averaged over a complete absorption cycle. 

(c) Equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent 

cleaned parts from carrying out solvent or liquid vapor. 

(d) Provide the following safety switches: 

1. A condenser flow switch and thermostat which shut off the sump heat if the condenser coolant is either not 

circulating or too warm; and, 

2. A spray safety switch which shuts off the spray pump or the conveyor if the vapor level drops more than 4 

inches (10 centimeters) below the bottom condenser coil; and, 

3. A vapor level control thermostat which shuts off the heat when the vapor level rises too high. 

(e) Minimize openings during operation so that entrances and exits will silhouette workloads with an average 
451 

clearance between the parts and the edge of the degreaser opening of less than 4 inches (10 centimeters) or less than 

10 percent of the width of the opening. 

(f) Provide downtime covers for closing off the entrance and exit during shutdown hours. 

(g) Minimize carryout emissions by: 

1. Racking parts for best drainage; and, 

2. Maintaining the vertical conveyor speed at less than 11 feet per minute (3.3 meters per minute). 

(h) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another 

party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere. 

(i) Repair solvent leaks immediately, or shut down the degreaser. 

(j) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator. 

(k) Place downtime covers over entrances and exits of conveyorized degreasers immediately after the conveyors 

and exhausts are shutdown and do not remove them until just before a startup. 

(5) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for volatile organic compound emissions from the specified equipment shall be EPA 

Method 21, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) The test method for non-halogenated organic solvent emissions from a destructive add-on control device 

shall be EPA Method 25 or Attachment 3 of EPA 450/2-78-041, incorporated and adopted by reference in Chapter 

62-297, F.A.C. 

(c) The test method for organic solvent emissions from a non-destructive add-on control device shall be EPA 

VOC Capture Efficiency Test Procedures subsecton 62-297.440(7), F.A.C. The sampling time for each capture 

efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-

297.620, F.A.C. 

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-

2.650(1)(f)12., 17-296.511, Amended 11-23-94, 1-1-96, 6-25-96, 10-7-96. 

62-296.512 Cutback Asphalt. 

(1) Applicability. The emission limiting standard or control technology set forth in subsection 62-296.512(2), 

F.A.C., shall apply to the manufacture and use of cutback asphalts for paving or maintaining roads, streets, 

highways, and parking lots. 

(2) Control Standards. No person shall cause, allow, or permit the manufacture, mixing, storage, use, or 

application of cutback asphalts except where: 

(a) Long-life storage of liquid asphalt is necessary; or, 

(b) Stockpile storage of cold mixed asphaltic concrete patching material is necessary; or, 

(c) The use or application at ambient temperature less than 50 degrees Fahrenheit (10 degrees Celsius) as 

determined by the nearest National Weather Service Station is necessary; or, 

(d) The cutback asphalt is to be used solely as a penetrating prime coat; or, 

(e) The cutback asphalt is to be used in a sand seal coat; or, 

(f) The cutback asphalt is to be used as a tack coat in the routine maintenance of public roads, or the minor 

betterment of public roads. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)13., 

17-296.512, Amended 11-23-94, 1-1-96. 
452 

62-296.513 Surface Coating of Miscellaneous Metal Parts and Products. 

(1) Applicability. 

(a) The emission limiting standards set forth in subsection 62-296.513(2), F.A.C., shall apply to surface coating 

of the following metal parts and products: 

1. Large farm machinery, such as harvesting, fertilizing and planting machines, tractors and combines; 

2. Small farm machinery, such as lawn and garden tractors, lawn mowers and rototillers; 

3. Small appliances, such as fans, mixers, blenders, crock pots, dehumidifiers and vacuum cleaners; 

4. Commercial machinery, such as office equipment, computers and auxiliary equipment, typewriters, 

calculators and vending machines; 

5. Industrial machinery, such as pumps, compressors, conveyor components, fans, blowers and transformers; 

6. Fabricated metal products, such as metal covered doors, frames, etc.; and, 

7. Any other industrial category which coats metal parts or products under the Standard Industrial Classification 

Code of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 

(nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major 

Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries). The Standard 

Industrial Classification Code is available from the Superintendent of Documents, U.S. Government Printing Office, 

Washington, D.C., 20402, and may be examined at the Department of Environmental Protection, Tallahassee. 

(b) The provisions of Rule 62-296.513, F.A.C., shall not apply to the surface coating of the following metal 

parts and products: 

1. Automobiles and light-duty trucks; 

2. Metal cans; 

3. Flat metal sheets and strips in the form of rolls or coils; 

4. Magnet wire for use in electrical machinery; 

5. Metal furniture; 

6. Large appliances; 

7. Exterior of airplanes; 

8. Automobile refinishing; 

9. Customized top coating of automobiles and trucks if production is less than 35 vehicles per day; and, 

10. Exterior of marine vessels. 

(c) The provisions of Rule 62-296.513, F.A.C., apply to the application area(s), flashoff area(s), air and forced 

air dryer(s), and oven(s) used in the surface coating of the metal parts and products listed in paragraph 62-

296.513(1)(a), F.A.C. These provisions also apply to prime coat, top coat, and single coat operations. Credit for 

transfer efficiency above the baseline of 60% for spray coating operations can be granted according to the following 

formula: 

 X = (TE) (Z) (Y) 

 ____________ 

 Y + (TE) (Z) 

where 

 X = allowable maximum VOC content (kg VOC/liter of coating less 

 water) 

 Y = density of the VOC in the maximum VOC content coating 

 (kg/liter) 

 Z = applicable emission limit (kg VOC/liter of coating solids 

 deposited) 

 TE = transfer efficiency 

An EPA and state approved test method for determination of transfer efficiency above the baseline is required. 

(2) Emission Limiting Standards. 

(a) No owner or operator of a coating line for miscellaneous metal parts and products shall cause, allow, or 

permit the discharge into the atmosphere of any volatile organic compounds in excess of: 
453 

1. 4.3 pounds per gallon of coating (0.52 kilograms per liter), excluding water, delivered to a coating applicator 

that applies clear coatings; 

2. 3.5 pounds per gallon of coating (0.42 kilograms per liter), excluding water, delivered to a coating applicator 

in a coating application system that is air dried or forced warm air dried at temperatures up to 194 degrees 

Fahrenheit (90 degrees Celsius); 

3. 3.5 pounds per gallon of coating (0.42 kilograms per liter), excluding water, delivered to a coating applicator 

that applies extreme performance coatings; or, 

4. 3.0 pounds per gallon of coating (0.36 kilograms per liter), excluding water, delivered to a coating applicator 

for all other coatings and coating application systems. 

(b) If more than one emission limitation in paragraph 62-296.513(2)(a), F.A.C., applies to a specific coating, 

then the least stringent emission limitation shall be applied. 

(c) All volatile organic compound emissions from solvent washings shall be considered in the emission 

limitations in paragraph 62-296.513(2)(a), F.A.C., unless the solvent is directed into containers that prevent 

evaporation into the atmosphere. 

(3) Control Technology. The emission limits in paragraph 62-296.513(2)(a), F.A.C., shall be achieved by: 

(a) The application of low solvent coating technology; or, 

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total 

combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)14., 

17-296.513, Amended 11-23-94, 1-1-96. 

62-296.514 Surface Coating of Flat Wood Paneling. 

(1) Applicability. 

(a) The emission limiting standards set forth in subsection 62-296.514(2), F.A.C., shall apply to all flat wood 

manufacturing and surface finishing facilities that manufacture the following products: 

1. Printed interior panels made of hardwood, plywood and thin particle board; 

2. Natural finish hardwood plywood panels, or 

3. Hardboard paneling with Class II finishes. 

(b) The provisions stated in subsection 62-296.514(2), F.A.C., do not apply to the manufacture of exterior 

siding, tileboard, or particle board used as a furniture component. 

(2) Emission Limiting Standards. No owner or operator of a flat wood coating line subject to Rule 62-296.514, 

F.A.C., may cause, allow or permit the discharge into the atmosphere of any volatile organic compounds in excess 

of: 

(a) 6.0 pounds per 1,000 square feet of coated finished product (2.9 kilograms per 100 square meters) from the 

coating of printed interior panels, regardless of the number of coats applied; 

(b) 12.0 pounds per 1,000 square feet of coated finished product (5.8 kilograms per 100 square meters) from the 

coating of natural finish hardwood plywood panels, regardless of the number of coats applied; or, 

(c) 10.0 pounds per 1,000 square feet of coated finished product (4.8 kilograms per 100 square meters) from the 
454 

coating of Class II finishes on hardboard panels, regardless of the number of coats applied. 

(3) Control Technology. The emission limits in subsection 62-296.514(2), F.A.C., shall be achieved by: 

(a) The application of low solvent coating technology; or, 

(b) Incineration, provided that 90% of the volatile organic compounds (VOC measured as total combustible 

carbon) which enter the incinerator are oxidized to carbon dioxide and water. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or EPA 

450/3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)15., 

17-296.514, Amended 11-23-94, 1-1-96. 

62-296.515 Graphic Arts Systems. 

(1) Applicability. The control technology and provisions set forth in subsection 62-296.515(2), F.A.C., shall 

apply to all packaging rotogravure, publication rotogravure, or flexographic printing operations whose prior to 

control potential to emit volatile organic compounds is equal to or more than 100 tons per year (90 megagrams per 

year). 

(2) Control Technology. 

(a) No owner or operator of a packaging rotogravure, publication rotogravure, or flexographic printing 

operation subject to Rule 62-296.515, F.A.C., and employing solvent containing ink shall cause, allow or permit the 

operation of the facility unless: 

1. The volatile fraction of ink as it is applied to the substrate, contains 25 percent by volume or less of organic 

solvent and 75 percent by volume or more of water; or, 

2. The ink as it is applied to the substrate, less water, contains 60 percent by volume or more nonvolatile 

material; or, 

3. An incineration system is employed which oxidizes at least 90 percent of the volatile organic compounds 

(VOC measured as total combustible carbon) to carbon dioxide and water. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, 24A or 

EPA 450/ 3-84-019, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Add-on Control Device. 

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 or Attachment 3 of 

EPA 450/ 2-78-041, with equipment specifications per Industrial Ventilation Manual, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. 

2. Non-destructive. The test method for volatile organic compounds shall be EPA VOC Capture Efficiency Test 

Procedures subsection 62-297.440(7), F.A.C. The sampling time for each capture efficiency test run shall be at least 

8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)16., 

17-296.515, Amended 11-23-94, 1-1-96. 
455 

62-296.516 Petroleum Liquid Storage Tanks with External Floating Roofs. 

(1) Applicability. 

(a) The control technology and provisions set forth in subsection 62-296.516(2), F.A.C., shall apply to all 

petroleum liquid storage vessels equipped with external floating roofs, having capacities equal to or greater than 

42,000 gallons (159,000 liters, nominal design 1,000 barrels); 

(b) Subsection 62-296.516(2), F.A.C., shall not apply to petroleum liquid storage vessels which: 

1. Are used to store waxy, heavy pour crude oil; or, 

2. Have capacities equal to or less than 420,000 gallons (1,590,000 liters, nominal 10,000 barrels) and are used 

to store crude oil and condensate prior to lease custody transfer; or, 

3. Contain a petroleum liquid with a true vapor pressure of less than 1.5 psia (10.15 kPa); or, 

4. Contain a petroleum liquid with a true vapor pressure of less than 4.0 psia (27.6 kPa) if such vessel is of 

welded construction and presently possesses a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted 

liquid-filled type of seal, or other closure device of demonstrated equivalence approved by the Department; or, 

5. Are of welded construction, equipped with a metallic-type shoe primary seal and with a secondary seal from 

the top of the shoe seal to the tank wall (shoe-mounted secondary seal). 

(2) Control Technology. 

(a) No owner or operator of a petroleum liquid storage vessel subject to Rule 62-296.516, F.A.C., shall store a 

petroleum liquid in that vessel unless: 

1. The vessel has been fitted with a continuous secondary seal extending from the floating roof to the tank wall 

(rim-mounted secondary seal); or another closure or device, approved by the Department, which is equally effective 

in controlling emissions; and, 

2. All seal closure devices meet the following requirements: 

a. The seal(s) are intact and uniformly in place around the circumference of the floating roof between the 

floating roof and the tank wall; and, 

b. There are no visible holes, tears, or other openings in the seal(s) or seal fabric; and, 

c. For vapor mounted (primary) seals, the accumulated area of gaps exceeding 1/8 inch (0.32 cm) in width 

between the secondary seal and the tank wall shall not exceed 1.0 square inch per foot of tank diameter (21.2 square 

centimeters per meter of tank diameter); and, 

3. All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg 

sleeves, are: 

a. Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and, 

b. Equipped with projections in the tank which remain below the liquid surface at all times; and, 

4. Automatic bleeder vents are closed at all times except when the roof is floating off or landed on the roof leg 

supports; and, 

5. Rim vents are set to open when the roof is being floated off the leg supports or at the manufacturer’s 

recommended setting; and, 

6. Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at 

least 90 percent of the area of the opening. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for volatile organic compounds shall be EPA Method 21 and p. 5-3 of EPA 450/2-78-047, 

incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)17., 

17-296.516, Amended 11-23-94, 1-1-96. 
456 

62-296.570 Reasonably Available Control Technology (RACT) - Requirements for Major VOC- and 

NOx-Emitting Facilities. 

(1) Applicability. 

(a) The requirements of this rule shall apply to those major VOC- and NOx-emitting facilities specified in 

paragraph 62-296.500(1)(b), F.A.C.; specifically, to those VOC emissions units within such facilities which are not 

regulated for VOC under Rules 62-296.501 through 62-296.516, F.A.C., and those VOC and NOx emissions units 

which have not been exempted pursuant to paragraph 62-296.500(1)(b), F.A.C., or by a specific provision of Rules 

62-296.500 through 62-296.516, F.A.C. 

(b) The requirements of this rule shall not apply to emissions units that would otherwise be exempt from the air 

permitting requirements of the Department pursuant to subsection 62-210.300(3), F.A.C., or that would otherwise be 

considered insignificant pursuant to subparagraph 62-213.300(2)(a)1. or paragraph 62-213.430(6)(b), F.A.C. 

(2) Compliance Requirements. Emissions units subject to the requirements of this rule shall comply with the 

operation permit requirements of subsection 62-296.570(3), F.A.C., and the RACT emission limiting standards of 

subsection 62-296.570(4), F.A.C. If, pursuant to an air operation or construction permit, the owner or operator of a 

emissions unit subject to the requirements of this rule assumes (or has assumed) a more stringent NOx or VOC 

emissions limit than the RACT emissions limit established in subsection 62-296.570(4), F.A.C., for the applicable 

emissions unit category, compliance with the emissions unit’s NOx or VOC emissions limit in its air operation or 

construction permit shall be considered compliance with RACT for purposes of this rule. 

(3) Operation Permit Requirements. 

(a) The owner or operator of any emissions unit subject to the requirements of this rule shall apply for a new or 

revised permit to operate in accordance with the provisions of this rule by March 1, 1993, unless a later filing date is 

specified by the Department in writing. 

(b) If the existing operation permit for any emissions unit subject to the requirements of this rule would expire 

between the effective date of this rule and March 1, 1993, or any later filing date specified by the Department, the 

expiration date of such permit is hereby extended until March 1, 1993, or such later date. This provision shall not 

apply in the case of a revocation or suspension of such permit pursuant to Chapter 62-4, F.A.C. 

(4) RACT Emission Limiting Standards. 

(a) Compliance Dates and Monitoring. 

1. Each applicant for a new or revised operation permit for an emissions unit subject to the requirements of this 

rule shall propose a schedule for implementing the RACT emission limiting standards as expeditiously as 

practicable but no later than May 31, 1995. The emissions unit shall demonstrate compliance with the RACT 

emission limiting standards in accordance with a schedule specified in the emissions unit’s air operation permit 

issued pursuant to subsection 62-296.570(3), F.A.C. 

2. Fuel-specific NOx and VOC emission limits established under this rule shall be incorporated into the new or 

revised operation permit for each emissions unit and become effective in accordance with the terms of the permit. 

3. For units that are not equipped with a continuous emission monitoring system (CEMS) for NOx or VOCs, 

compliance with the emission limits established in this rule shall be demonstrated by annual emission testing in 

accordance with applicable EPA Reference Methods from Rule 62-297.401, F.A.C., or other methods approved by 

the Department in accordance with the requirements of Rule 62-297.620, F.A.C., except as otherwise provided in 

paragraph 62-296.570(4)(b), F.A.C. If required, such annual emission testing shall be conducted during each federal 

fiscal year (October 1 – September 30). Annual compliance testing while firing oil is unnecessary for units operating 

on oil for less than 400 hours in the current federal fiscal year. 

4. For units that are equipped with a CEMs, compliance shall be demonstrated based on a 30-day rolling 

average. The CEMs must meet the performance specifications contained in 40 Code of Federal Regulations Part 60, 

Appendix B, or 40 Code of Federal Regulations Part 75, hereby adopted and incorporated by reference. 

(b) Emission Limiting Standards. 

1. Emissions of NOx from any rear wall fired, forced circulation, 16-burner, compact furnace shall not exceed 

0.20 lb/million BTU while firing natural gas and 0.36 lb/million BTU while firing oil. 

2. Emissions of NOx from any front wall fired, natural circulation, 18-burner, compact furnace shall not exceed 
457 

0.40 lb/million BTU while firing natural gas and 0.53 lb/million BTU of NOx while firing oil. 

3. Emissions of NOx from any front wall fired, natural circulation, 24-burner, compact furnace shall not exceed 

0.50 lb/million BTU while firing natural gas and 0.62 lb/million BTU of NOx while firing oil. 

4. Emissions of NOx from any tangentially fired, low heat release, large furnace shall not exceed 0.20 lb/million 

BTU while firing natural gas. 

5. Emissions of NOx from any gas turbine shall not exceed 0.50 lb/million BTU while firing natural gas and 

0.90 lb/million BTU while firing oil. Unless compliance is demonstrated using a CEMs, compliance shall be 

demonstrated by a stack test on one representative turbine unit within a facility if the turbines are substantially 

similar. 

6. Emissions of VOC and NOx from carbonaceous fuel burning facilities, other than waste-to-energy facilities, 

shall not exceed 5.0 lbs/million BTU and 0.9 lb/million BTU, respectively. 

7. Emissions of NOx from any oil-fired diesel generator shall not exceed 4.75 lb/million BTU. 

8. Emissions of NOx from any cement plant shall not exceed 2.0 lb/million BTU. 

9. Emissions of NOx from any other external combustion emissions unit subject to the requirements of this rule, 

and not covered in subparagraph 62-296.570(4)(b)1. through 8., F.A.C., shall not exceed 0.50 lb/million BTU. 

Compliance shall be demonstrated annually in accordance with the applicable EPA Method from Rule 62-297.401, 

F.A.C., or other method approved by the Department in accordance with the requirements of Rule 62-297.620, 

F.A.C. 

10. Emissions of VOC from resin coating operations shall be limited by the use of low-VOC resin or thermal 

oxidation of emissions from the purge cycle. 

11. Emissions of VOC from any emissions unit subject to this rule but specifically exempted from any of the 

control technology requirements of Rules 62-296.501, through 62-296.516, F.A.C., shall not exceed the applicable 

exemption criteria. 

(c) Exception for Startup, Shutdown, or Malfunction. The emission limits in this rule shall apply at all times 

except during periods of startup, shutdown, or malfunction as provided by Rule 62-210.700, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-93, Amended 4-17-94, 

Formerly 17-296.570, Amended 11-23-94, 1-1-96, 3-2-99. 

62-296.600 Reasonably Available Control Technology (RACT) - Lead. 

(1) Applicability. Any new or existing lead processing operation that is located in an area designated under 

Chapter 62-275, F.A.C., as a lead nonattainment or air quality maintenance area, or in the area of influence of such 

an area, shall limit the emission of lead through the application of reasonably available control technology (RACT) 

as specified in Rules 62-296.601 through 62-296.605, F.A.C. 

(2) Compliance Requirements. Lead processing operations subject to the requirements of this rule shall comply 

with the permit requirements, operation and maintenance plan requirements, recordkeeping and reporting 

requirements, and compliance demonstration requirements of subsections 62-296.600(3) through 62-296.600(6), 

F.A.C., respectively, the general requirements of Rule 62-296.601, F.A.C., and the specific emission limiting 

standards of Rules 62-296.602 through 62-296.605, F.A.C. For existing facilities, compliance with these 

requirements shall be achieved as expeditiously as possible, in accordance with a schedule of compliance 

established in the permit required pursuant to this rule. 

(3) Permit Requirements. By September 30, 1994, the owner or operator of any existing facility subject to the 

requirements of this rule shall apply for a new or revised federally enforceable, as defined in Rule 62-210.200, 

F.A.C., air permit, pursuant to Chapter 62-4, F.A.C., addressing the requirements of this rule. 

(4) Operation and Maintenance Plan. In any application for a permit, the owner or operator of any facility 

subject to the requirements of this rule shall submit to the Department an operation and maintenance plan for the 

lead emissions control devices, collection systems, and processing systems. The operation and maintenance plan 

shall include quarterly inspection methods for the lead emissions control devices, including black light leak 

detection tests or broken bag detectors in the baghouses, to prevent reduced lead collection efficiency. Lead oxide 

handling operations with the potential to emit 200 pounds or less of lead per year shall be exempt from this 
458 

operation and maintenance plan provision. 

(5) Recordkeeping and Reporting. The owner or operator of any facility subject to the requirements of this rule 

shall keep the following records for a minimum of two years, and make them available to any representative of the 

Department or an approved local air program upon request: 

(a) Records of control equipment operating parameters. 

(b) Maintenance records on the control equipment, including black-light tests, bag replacements, structural 

repairs, and motor replacements. 

(c) Records of control system malfunctions or failures and corrective actions taken. 

(6) Compliance Demonstration. The owner or operator of any facility subject to an emissions limiting standard 

pursuant to Rules 62-296.602 through 62-296.605, F.A.C., shall demonstrate compliance with such limit by the 

initial compliance date established in the permit required pursuant to this rule, or in accordance with the terms of 

any construction permit addressing the requirements of this rule, and every five years thereafter unless a more 

frequent schedule is specified in the permit. Compliance shall be demonstrated as follows: 

(a) Compliance with lead emission standards shall be demonstrated by EPA Method 12, adopted and 

incorporated by reference in Chapter 62-297, F.A.C. 

(b) Compliance with opacity standards shall be demonstrated by EPA Method 9, adopted and incorporated by 

reference in Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-

296.600, Amended 1-1-96, 3-13-96. 

62-296.601 Lead Processing Operations in General. 

(1) Applicability. The provisions of this rule shall apply to all lead processing operations as specified in 

subsection 62-296.600(1), F.A.C. 

(2) Prohibition. 

(a) No owner or operator of a lead processing operation shall cause, allow, or permit the emissions of lead, 

including emissions of lead from vehicular movement, transportation of materials, construction, alteration, 

demolition or wrecking, or industrially-related activities such as loading, unloading, charging, melting, tapping, 

casting, storing or handling, unless reasonably available control technology is employed to control such lead 

emissions. 

(b) Examples of measures that constitute RACT are: 

1. Paving, curbing, and maintaining roads, parking areas and yards which are routinely used by vehicular traffic. 

2. Applying water or chemicals to control emissions from such activities as demolition of buildings, grading 

roads, construction, and land clearing. 

3. Installing a permanent sprinkler system to continuously moisten open stock piles. 

4. Vacuuming the roads and other paved areas under the control of the owner or operator of the facility to 

prevent lead from becoming airborne. 

5. Landscaping or vegetating unpaved roads, parking areas and yards. 

6. Using hoods, fans, filters, and similar equipment to capture, contain, and control lead emissions. 

7. Enclosing or covering conveyor systems. 

8. Using walls or windbreaks to contain lead-bearing scrap, products, or raw materials. 

(c) As part of any application for a permit, the owner or operator of any facility subject to the requirements of 

this rule shall submit to the Department a description of the reasonably available control technology that will be 

employed to meet the requirements of this rule. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-

296.601, Amended 1-1-96. 

62-296.602 Primary Lead-Acid Battery Manufacturing Operations. 

(1) Emission Limiting Standards. No owner or operator of a primary lead-acid battery manufacturing operation 

subject to Rule 62-296.600, F.A.C., shall cause, allow, or permit the discharge into the atmosphere of lead in excess 
459 

of the following emission standards, in grains of lead per dry standard cubic foot, nor shall visible emissions exceed 

the following standards, in percent opacity: 

(a) Grid casting sources: 0.000176 grains and 0% opacity. 

(b) Paste mixing sources: 0.00044 grains and 0% opacity. 

(c) Three-process operation sources: 0.00044 grains and 0% opacity. 

(d) Lead oxide manufacturing sources: 0.0005 grains and 0% opacity. 

(e) Lead reclamation sources: 0.00198 grains and 5% opacity. 

(f) Any other lead sources: 0.00044 grains and 0% opacity. 

(2) Collection Systems. Collection systems representing RACT shall be installed and operated to capture, 

contain, and control lead emissions resulting from all lead-emitting processes including charging, melting, tapping, 

and casting. No lead emissions shall be vented to the outside of any enclosed or partially enclosed process unless 

RACT is employed to control such emission. 

(3) Attainment Demonstration. As part of the initial application for the permit required pursuant to subsection 

62-296.600(3), F.A.C., the owner or operator of a facility subject to the requirements of this rule shall demonstrate 

to the Department that, after the application of RACT, the facility shall not cause or contribute to a violation of the 

ambient air quality standard for lead as set forth in Rule 62-204.240, F.A.C. The demonstration shall be made using 

air quality models as provided in subsection 62-204.220(2), F.A.C., and shall address both stack and fugitive 

emissions. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-

296.602, Amended 1-1-96, 3-13-96. 

62-296.603 Secondary Lead Smelting Operations. 

(1) Emission Limiting Standards. No owner or operator of a secondary lead smelting operation subject to Rule 

62-296.600, F.A.C., shall cause, allow, or permit the discharge into the atmosphere of lead in excess of the 

following emission standards, in grains of lead per dry standard cubic foot, nor shall visible emissions exceed the 

following standards, in percent opacity: 

(a) Blast and slag furnaces: 0.010 grains and 3% opacity at the exit point of the emissions control device. 

(b) Blast furnace charging: 0.002 grains and 3% opacity at the exit point of the emissions control device. 

1. Visible emissions from the closed charge doors on the blast furnace shall not exceed 3% opacity during 

furnace operation. 

2. Visible emissions from the charge doors on the blast furnace shall not exceed 6% opacity during charging 

operation. 

(c) Blast and slag furnaces, slag and product tapping: 0.002 grains and 3% opacity at the exit point of the 

emissions control device. 

(d) Melt kettles and pot furnaces: 0.0002 grains and 3% opacity. 

(e) Battery cracking operations: 3% opacity. 

(f) Slag handling and processing operations: 0.0000333 grains and 3% opacity. 

(2) Collection Systems. Collection systems representing RACT shall be installed and operated to capture, 

contain, and control lead emissions resulting from the storage, transport, and processing of all lead-bearing materials 

and products at secondary lead smelting operations. No lead emissions shall be vented to the outside of any enclosed 

or partially enclosed process unless RACT is employed to control such emissions. 

(3) Attainment Demonstration. As part of the initial application for the permit required pursuant to subsection 

62-296.600(3), F.A.C., the owner or operator of a facility subject to the requirements of this rule shall demonstrate 

to the Department that, after the application of RACT, the facility shall not cause or contribute to a violation of the 

ambient air quality standard for lead as set forth in Rule 62-272.300, F.A.C. The demonstration shall be made using 

air quality models as provided in Rule 62-210.500, F.A.C., and shall address both stack and fugitive emissions. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-

296.603, Amended 1-1-96. 
460 

62-296.604 Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations. 

(1) Emission Limiting Standards. No owner or operator of a secondary steel manufacturing operation subject to 

Rule 62-296.600, F.A.C., shall cause, allow or permit the discharge of lead into the atmosphere in excess of the 

following emission standards, in grains of lead per dry standard cubic foot as a weighted average of the exhaust 

from the entire control equipment system, nor shall visible emissions exceed the following standards, in percent 

opacity: 

(a) Electric arc furnace control device: 0.0002 grains and 3% opacity. 

(b) Melt shop building roof ventilators: 6% opacity. 

(2) Collection Systems. Collection systems representing RACT shall be installed and operated to capture, 

contain, and control lead emissions resulting from all lead-emitting processes including charging, melting, tapping, 

and casting. No lead emissions shall be vented to the outside of any enclosed or partially enclosed process unless 

RACT is employed to control such emission. 

(3) Attainment Demonstration. As part of the initial application for the permit required pursuant to subsection 

62-296.600(3), F.A.C., the owner or operator of a facility subject to the requirements of this rule shall demonstrate 

to the Department that, after the application of RACT, the facility shall not cause or contribute to a violation of the 

ambient air quality standard for lead as set forth in Rule 62-272.300, F.A.C. The demonstration shall be made using 

air quality models as provided in Rule 62-210.500, F.A.C., and shall address both stack and fugitive emissions. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-

296.604, Amended 1-1-96. 

62-296.605 Lead Oxide Handling Operations. 

No owner or operator of a lead oxide handling operation subject to Rule 62-296.600, F.A.C., shall cause, allow, or 

permit visible emissions in excess of 3% opacity. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-

296.605. 

62-296.700 Reasonably Available Control Technology (RACT) Particulate Matter. 

(1) Applicability. 

(a) Any existing emissions unit that emits particulate matter and is located in a particulate matter air quality 

maintenance area or in the area of influence of such an air quality maintenance area, except an emissions unit which 

has received a determination of Best Available Control Technology pursuant to Rule 17-2.630 (repealed) or 62-

296.330, F.A.C., or received a permit in connection with Rule 17-2.500 (transferred), 17-2.510 (transferred), 62-

212.400 or 62-212.500, F.A.C., shall limit the emission of particulate matter through the application of Reasonably 

Available Control Technology (RACT) as specified in Rules 62-296.701 through 62-296.712, F.A.C., or Rules 62-

296.401 through 62-296.415, F.A.C. 

(b) [Reserved]. 

(2) Exemptions. The following facilities and emissions units which are located within a particulate matter air 

quality maintenance area or area of influence are exempt from the provisions of this rule: 

(a) Any facility with total maximum allowable emissions of particulate matter of less than 15 tons per year and 

5 pounds per hour. 

(b) Any facility whose owner or operator demonstrates to the Department that the impact within the designated 

air quality maintenance area of the total maximum allowable particulate matter emissions from such facility will not 

exceed 1 ug/m3 , annual average, and 5 ug/m3 , 24-hour average. 

(c) Any emissions unit which has total allowable emissions of particulate matter of less than one ton per year. 

(d) Any emissions unit of unconfined particulate matter which is located more than five kilometers outside the 

boundary of a particulate matter air quality maintenance area. 

(e) Any emissions unit of unconfined particulate matter from open stockpiling of materials, vehicular traffic and 

other emissions from roads and plant grounds, or construction activities. 

(f) Any moveable drop transfer point where the discharge point and receiving point of the materials being 
461 

handled must be moved in relationship to each other, either continuously or intermittently, such that enclosure of the 

drop transfer point with a device to control emissions of particulate matter is not practicable. 

(3) Specific RACT Emission Limiting Standards for Stationary Emissions Units. The specific particulate matter 

emission limiting standards set forth in Rules 62-296.401 through 62-296.414, F.A.C., have been found to represent 

the application of RACT for each emissions unit category listed in those rules, except for those emissions unit 

categories listed in Rules 62-296.701 through 62-296.712, F.A.C. For those emissions unit categories the particulate 

matter emission standards in Rules 62-296.701 through 62-296.712, F.A.C., have been found to represent the 

application of RACT. 

(4) Maximum Allowable Emission Rates. 

(a) Emissions Unit Data. The new or revised operating permit for each emissions unit subject to the provisions 

of this rule shall specify: 

1. The maximum heat input rate, charging rate, production rate, through-put rate, and/or materials handling rate, 

as appropriate; The maximum heat input rate, charging rate, production rate, through-put rate, or materials handling 

rate shall be the maximum rate at which the emissions unit is capable of being operated on a continuous basis. 

2. The maximum dry standard volumetric flow rate for each emission point, when applicable: 

The maximum dry standard volumetric flow rate for each emissions unit or component emissions unit operation 

shall be the minimum dry standard volumetric flow rate that is necessary to safely and properly vent or operate the 

emissions unit when it is operated at its maximum continuous operating rate. 

3. The control device through which each gas stream is vented and the emission point from which each gas 

stream is discharged to the open air; 

4. The height above ground, exit diameter, UTM coordinates, and nature of each emission point through which 

particulate is or may be vented; 

5. The exit gas temperature, actual volumetric flow rate and moisture content of each particulate bearing gas 

stream that is or may be vented to the open air; 

6. Pertinent operating or control equipment parameters, such as pH of scrubber solution, pressure drop in 

scrubber, pressure on spray nozzle, etc., when such information is needed to confirm the control device is operating 

normally; 

7. The permitted operating schedule (hrs./day, days/wk., wk./yr.) 

(b) Maximum Emission Rates. The new or revised operating permit for each emissions unit shall specify the 

maximum allowable emission rate for each emissions unit or group of commonly vented emissions units sources in 

accordance with the following provisions: 

1. The maximum allowable emission rate expressed in lbs/hr, lbs/day and tons/yr (or other equivalent units) 

shall be determined for each emissions unit (for example, each drop transfer point, screening operation, kiln, or 

dryer) by applying the appropriate emission limitation contained in Rules 62-296.401 through 62-296.414, F.A.C., 

or Rules 62-296.701 through 62-296.712, F.A.C., to the maximum applicable emissions unit operation rate or dry 

standard volumetric flow rate and the permitted operating schedule as specified in the operating permit pursuant to 

the provisions of paragraph 62-296.700(4)(a), F.A.C. 

2. If several emissions units are vented through a common control device or emission point, the maximum 

allowable emission rate for the common emission point shall be the sum of the individual maximum allowable 

emission rates for each emissions unit vented by the emission point. 

3. The owner or operator of an emissions unit or a group of emissions units that is subject to an emission 

limitation set forth in Rules 62-296.701 through 62-296.712, F.A.C., and that is vented through more than one 

emission point, shall, subject to the approval of the Department, prorate the total allowable emission for such 

emissions unit among all emission points that vent the affected emissions unit such that a specific maximum 

allowable emission rate is assigned to each emission point. The operating permits for emissions units shall be 

revised in accordance with subsection 62-296.700(4), F.A.C., to reflect the maximum allowable emission rates for 

each emission point. 

4. The operating permit shall specify whether compliance shall be determined by measuring the emissions 

vented from each individual emissions unit or by measuring the emissions from the common emission point. In 
462 

determining whether compliance shall be determined for each emissions unit individually or for a group of 

commonly vented emissions units at the common emission point, the department shall consider the following 

factors: 

a. If all emissions units that are vented through a common emission point are subject to the same type of 

emission limiting standard (i.e., grains per dry standard cubic foot (gr/dscf)) and are all part of the same system of 

unit operations such that when one emissions unit is in operation the other emissions units will also normally be in 

operation, the Department may specify that compliance be determined at the common point of emission. 

b. If the various emissions units that are vented through a common emission point are parts of different 

operating systems or are subject to different types of emission limiting standards (i.e., gr/dscf, lbs/ton of feed, 

lbs/MMBTU, percent opacity, etc.). The Department may specify that compliance with the various emission 

standards be determined separately for each emissions unit operation. 

(5) Circumvention. No owner or operator of an emissions unit subject to the requirements of Rules 62-296.401 

through 62-296.414 or Rules 62-296.701 through 62-296.712, F.A.C., establishing maximum concentrations of 

emissions of particulate matter in the exhaust gas from the emissions unit shall circumvent the provisions of an 

applicable emission limitation by increasing the volume of gas in any exhaust or group of exhausts for the purpose 

of reducing the stack gas concentration. This includes allowing dilution air to enter the system through leaks, open 

vents, or similar means. 

(6) Operation and Maintenance Plan. The new or revised operating permit for each emissions unit subject to the 

provisions of this rule shall specify an operation and maintenance plan for the particulate control devices, the 

collection systems and the processing systems. 

(a) Air Pollution Control Devices and Collection Systems. The plan shall include a schedule for the 

maintenance and inspection of each control device and collection system and a schedule for recording performance 

parameters of the control devices, collection systems and auxiliary equipment. Records of inspections, maintenance 

and performance data of control devices and auxiliary equipment shall be retained by the emissions unit for a 

minimum of two years and shall be made available to the Department upon request. The performance parameters 

shall include such physical, chemical or electrical characteristics as are applicable to the particular emissions unit 

and which are indicators of the condition, operating rates and efficiencies. Such parameters may include, but shall 

not be limited to, the following indicators for: 

1. Scrubbers 

Pressure drop, total 

Pressure drop, scrubber 

Pressure drop, mist eliminator 

Liquor feed rate 

Liquor feed composition and pH 

Liquor feed solids and undissolved solids contents 

Water makeup rate 

Fan(s) current at rated voltage 

Pump(s) current at rated voltage 

Gas flowrate 

Gas temperatures, inlet and outlet (minimum) 

2. Baghouses 

Bag pressure drop 

Gas flowrate: direct method preferred; indirect method acceptable 

Air to cloth ratio 

Bag Weave 

Bag material 

Gas temperature, inlet and outlet 

Bag cleaning conditions: 

Pulse: Air pressure 
463 

Shake: shaker motor current 

Reverse: reverse air fan current 

Bag cleaning cycle: 

Shake: duration, frequency, and delay periods 

Reverse: duration, frequency, and delay periods 

3. Electrostatic Precipitators. 

The following information shall be recorded unless otherwise agreed to by the Department: 

Primary voltage 

Primary current 

Secondary current 

Spark rate 

Additional information, including but not limited to the following, may be required to be included as descriptive 

information in the operation and maintenance plan, but shall not be required to be recorded routinely unless the 

Department determines that a precipitator’s ability to achieve compliance with applicable emission limiting 

standards is questionable: 

Secondary voltage 

Rapper frequency, plate 

Rapper Vibrator frequency, wire 

Rapper duration, plate 

Rapper Vibrator duration, wire 

Gas temperature, inlet and outlet 

Estimated gas flowrate 

Static pressure 

(b) Control Equipment Data. The Operation and Maintenance plan shall include identification of control 

device(s) for each emissions unit subject to provisions of this rule including but not limited to the following 

appropriate design specifications and other descriptive data: 

1. Manufacturer; 

2. Model name and number; 

3. Type: scrubber, baghouse, electrostatic precipitator, dry scrubber, etc.; 

4. Design flow rate (liquid and/or gas); 

5. For EPS's: primary and secondary voltage and current; 

6. Efficiency rating at design capacity; 

7. Pressure drop; 

8. Liquid to gas ratio; 

9. Scrubbing liquor composition. 

(c) Processing or Materials Handling Systems. 

1. Appropriate parameters of processing or materials handling systems provide a measure of the rate of 

operations. The operation and maintenance plan shall include performance parameters which indicate the rate of 

operation, process weight through-put, the fuel or other energy source, the materials being processed or other 

physical or chemical characteristics, as applicable. Such parameters may include, but shall not be limited to the 

following: 

a. Weight per unit time of raw materials input; 

b. Process temperature or pressure; 

c. Fuel or fuel mixture; 

d. Chemical or physical data on product or raw materials; 

e. Air to fuel ratio or percent excess oxygen; 

f. Electrical power use rate by auxiliary equipment. 

2. The plan shall contain inspection and maintenance schedules including periodic assessments of the condition 

of manholes, ducting, breaching, hoods, conveyor and elevator housing, loading sheds and other equipment, and a 
464 

schedule for recording of performance parameter data. 

(d) Fossil Fuel Steam Generators. The operation and maintenance plan for fossil fuel steam generators may 

include, but shall not be limited to, the following: 

Steam flow 

Fuel type (e.g., gas, oil, coal, or mixtures thereof) 

Consumption rate for type(s) of fuel(s) burned 

Fuel oil temperature (if applicable) 

(e) Records of inspection, maintenance and performance parameter data shall be retained for a minimum of two 

years and shall be made available to the Department upon request. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(a)FS. 

History(g), 17-296.700, Amended 11-23-94, 1-1-96. 

62-296.701 Portland Cement Plants. 

(1) Applicability. The emission limitations set forth in Rule 62-296.701, F.A.C., shall apply to kilns and clinker 

coolers which are part of a Portland Cement Plant. 

(2) Emission Limitations. 

(a) Kilns – No owner or operator of a Portland Cement kiln shall cause, permit, or allow the emission of 

particulate matter in excess of 0.50 pounds per ton to the kiln (dry basis, excluding fuel), or visible emissions the 

density of which is greater than 20 percent opacity. 

(b) Clinker coolers – No owner or operator of a Portland Cement clinker cooler shall cause, permit, or allow the 

emission of particulate matter in excess of 0.25 pounds per ton of feed to the kiln (dry basis, excluding fuel), or 

visible emissions the density of which is greater than 20 percent opacity. 

(3) Alternate Emission Limitations. 

(a) Applicability. The alternate emission limitations set forth in paragraph 62-296.701(3)(b), F.A.C., shall apply 

to the Portland Cement plants located in Hillsborough County south of State HIghway 60 in Tampa. 

(b) Emission Limitations. 

1. Clinker Kilns All Portland Cement plants shall not cause, permit, or allow the emission of particulate matter 

from Clinker Kilns in excess of 95 lbs./hr. as determined by EPA Method 5 nor in excess of 40 lbs./hr. as 

determined by EPA Method 17, or visible emissions the density of which is greater than 20 percent opacity as 

measured using a certified in-stack transmissometer. When method 17 is used the stack temperature shall not exceed 

500 degrees Fahrenheit. 

2. Clinker Coolers – All Portland Cement plants shall not cause, permit, or allow the emission of particulate 

matter from Clinker Coolers in excess of 45 lbs/hr as determined by EPA Method 5, or visible emissions the density 

of which is greater than 20 percent opacity as determined by EPA Method 9. 

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) For emissions units subject to the visible emissions standard in subsection 62-296.701(2), F.A.C., the test 

method shall be EPA Method 9, incorporated and adopted by reference in Chapter 62-297, F.A.C. 

(b) A transmissometer shall be used to determine compliance with the visible emission standard in subseciton 

62-296.701(3), F.A.C. The transmissometer shall be calibrated in accordance with Rule 62-297.520, F.A.C., and 40 

C.F.R. 60.13. 

(c) The test method for particulate emissions shall be EPA Method 5, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)1., 

Amended 6-29-93, Formerly 17-296.701, Amended 11-23-94, 1-1-96. 

62-296.702 Fossil Fuel Steam Generators. 

(1) Applicability. The emission limitations set forth in Rule 62-296.702, F.A.C., shall apply to fossil fuel steam 
465 

generating facilities including one or more boilers which individually or in combination have a heat input greater 

than or equal to 30 million British thermal units per hour. 

(2) Emission Limitations. 

(a) Particulate Matter. No owner or operator of a fossil fuel steam generator shall cause, permit, or allow the 

emission of particulate matter in excess of 0.10 pounds per million BTU except as provided for in Rules 62-296.405 

or 62-296.406 and Rule 62-210.700, F.A.C. 

(b) Visible Emissions. No owner or operator of a fossil fuel fired steam generator shall allow visible emissions 

the density of which is greater than 20 percent opacity except as provided for in Rule 62-210.700, F.A.C., Excess 

Emissions, and in Rule 62-296.405, F.A.C., for fossil-fuel steam generators with a heat input of greater than 250 

million BTU per hour. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. A transmissometer may be used and calibrated in accordance with Rule 62-297.520, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 17, EPA Method 5B, or EPA Method 

5F, incorporated and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry 

standard cubic feet. EPA Method 5 may be used with the filter temperature at no more than 320 degrees Fahrenheit. 

For EPA Method 17, stack temperature shall be less than 375 degrees Fahrenheit. The owner or operator may use 

EPA Method 5 to demonstrate compliance. EPA Method 3 or 3A with Orsat analysis shall be used when oxygen 

based F factor computed according to EPA Method 19 is used in lieu of heat input. Use Acetone wash with Method 

5 or 17. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)2., 

17-296.702, Amended 11-23-94, 1-1-96. 

62-296.703 Carbonaceous Fuel Burners. 

(1) Applicability. The emission limitations set forth in Rule 62-296.703, F.A.C., shall apply to Carbonaceous 

Fuel Burning Equipment that has a total heat input capacity of 30 million BTU’s per hour or greater. 

(2) Emission Limitations. 

(a) Particulate Matter. No owner or operator of Carbonaceous fuel burning equipment shall cause, permit, or 

allow the emission of particulate matter from such equipment in excess of 0.2 pounds per million BTU heat input of 

Carbonaceous fuel plus 0.1 pounds per million BTU heat input of fossil fuel. 

(b) Visible Emissions. No owner or operator of carbonaceous fuel burning equipment shall cause, permit, or 

allow visible emissions the density of which is greater than 30 percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. For EPA 

Method 5, the filter temperature may not exceed 320 degrees Fahrenheit. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)3., 

17-296.703, Amended 11-23-94, 1-1-96. 
466 

62-296.704 Asphalt Concrete Plants. 

(1) Applicability. The emission limitations set forth in Rule 62-296.704, F.A.C., shall apply to any facility used 

to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements, excluding 

unloading and storage of raw materials. 

(2) Emission Limitations. No owner or operator of an asphalt concrete plant shall cause, permit, or allow the 

emission of particulate matter in excess of 0.06 gr/dscf, or visible emissions the density of which is greater than 20 

percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5 or EPA Method 5A, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic 

feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)4., 

17-296.704, Amended 11-23-94, 1-1-96. 

62-296.705 Phosphate Processing Operations. 

(1) Applicability. The emission limitations set forth in Rule 62-296.705, F.A.C., shall apply to all unit 

operations and auxiliary equipment which are an integral part of the process used to manufacture the finished 

products specified in paragraphs (a) through (f) below, including reactors, dryers, coolers, concentrators, screens, 

elevators, conveyor belts, grinders, and other unit operations, which exist as part of the manufacturing system from 

the point of introduction of raw materials feed into the process to the point of discharge of the finished product to the 

storage materials handling system; 

(a) Diammonium phosphate (DAP); 

(b) Run of pile triple super phosphate (ROPTSP); 

(c) Granular triple super phosphate (GTSP); 

(d) Normal super phosphate (NSP); 

(e) Monoammonium phosphate (MAP); 

(f) Phosphate animal feed ingredient (AFI). 

(2) Emission Limitations. 

(a) No owner or operator of a phosphate processing facility shall cause, permit or allow total emissions of 

particulate matter from the affected unit operations and auxiliary equipment in excess of 0.30 pounds per ton of 

product or visible emissions the density of which is greater than 20 percent opacity from the above listed operations 

(paragraphs (a) through (f)). 

(b) No owner or operator of a phosphate rock dryer or phosphate rock grinding operation which is not an 

integral part of the operations described in paragraphs 62-296.705(1)(a) through (f), F.A.C., shall cause, permit or 

allow total emissions of particulate matter from the dryer or grinder in excess of 0.20 lb/ton of products or visible 

emissions the density of which is greater than 20 percent opacity. 

(c) No owner or operator of a concentrator which is part of a phosphate processing facility shall cause, permit or 

allow total emissions of particulate matter from the concentrator in excess of 15 pounds per hour or visible 

emissions the density of which is greater than 20 percent opacity. 

(d) No owner or operator of a Diammonium Phosphate cooler producing less than 50 tons per hour of product 

shall cause, permit, or allow total emissions of particulate matter in excess of 0.60 pound per ton of product or 

visible emissions the density of which is greater than 20 percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 
467 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5 or EPA Method 5A, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic 

feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)5., 

17-296.705, Amended 11-23-94, 1-1-96. 

62-296.706 Glass Manufacturing Process. 

(1) Applicability. The emission limitations set forth in Rule 62-296.706, F.A.C., shall apply to glass melting 

furnaces producing container glass. 

(2) Emission Limitations. No owner or operator of a glass melting furnace shall cause, permit, or allow 

emissions of particulate matter in excess of the following standards: 

(a) Gas fired furnaces – 1.3 pounds per ton of glass produced. 

(b) Oil fired furnaces – 1.5 pounds per ton of glass produced. 

(c) Visible emissions – 20 percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5 or EPA Method 5A, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic 

feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)6., 

17-296.706, Amended 11-23-94, 1-1-96. 

62-296.707 Electric Arc Furnaces. 

(1) Applicability. The emission limitations set forth in Rule 62-296.707, F.A.C., shall apply to all furnaces that 

heat materials with electric arcs from carbon electrodes, including phosphorus electric arc furnaces. 

(2) Emission Limitations. No owner or operator of an electric arc furnace shall cause, permit, or allow 

emissions of particulate matter in excess of the following standards: 

(a) Phosphorus electric arc furnaces – 0.035 gr/dscf or any visible emissions (greater than five percent opacity) 

from a control device, except during tapping periods. No visible emissions greater than 60 percent opacity shall be 

allowed during the tapping period. 

(b) All other electric arc furnaces – 0.010 gr/dscf or any visible emissions (greater than five percent opacity) 

from a control device, except during charging and tapping periods. No visible emissions greater than 20 percent 

opacity shall be allowed from the shop during charging periods. No visible emissions greater than 40 percent opacity 

shall be allowed during tapping periods. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5 or EPA Method 5D, incorporated 

and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic 

feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)7., 

17-296.707, Amended 11-23-94, 1-1-96. 
468 

62-296.708 Sweat or Pot Furnaces. 

(1) Applicability. The emission limitations set forth in Rule 62-296.708, F.A.C., shall apply to indirectly heated 

furnaces which are temperature controlled for the differential melting of scrap or combined metal products or which 

melt metals for coating or reclamation. 

(2) Emission Limitations. No owner or operator of a sweat or pot furnace shall cause, permit, or allow 

emissions of particulate matter in excess of 0.05 gr/dscf, or visible emissions greater than 10 percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)8., 

17-296.708, Amended 11-23-94, 1-1-96. 

62-296.709 Lime Kilns. 

(1) Applicability. The emission limitations set forth in Rule 62-296.709, F.A.C., shall apply to all lime kilns 

associated with a kraft pulp mill. 

(2) Emission Limitations. No owner or operator of a lime kiln shall cause, permit, or allow emissions of 

particulate matter in excess of that calculated by applying the formula E = 3.59P0.62 for each kiln, where E is the 

emission rate in pounds per hour for each and P is the process weight in tons per hour; or visible emissions greater 

than 10 percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)9., 

17-296.709, Amended 11-23-94, 1-1-96. 

62-296.710 Smelt Dissolving Tanks. 

(1) Applicability. The emission limitations set forth in Rule 62-296.710, F.A.C., shall apply to all smelt 

dissolving tanks associated with a kraft pulp mill. 

(2) Emission Limitations. No owner or operator of a smelt dissolving tank shall cause, permit or allow 

emissions of particulate matter in excess of that calculated by applying the formula E = 3.59P0.62 for each, where E 

is the emission rate in pounds per hour and P is the process weight in tons per hour; or visible emissions greater than 

10 percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)10., 

17-296.710, Amended 11-23-94, 1-1-96. 
469 

62-296.711 Materials Handling, Sizing, Screening, Crushing and Grinding Operations. 

(1) Applicability. The emission limitations set forth in Rule 62-296.711, F.A.C., shall apply to the handling, 

sizing, screening, crushing, or grinding of the materials such as, but not limited to, cement, clinker, fly ash, coke, 

gypsum, shale, lime, sulfur, phosphatic materials, slag, and grain or grain products, including but not limited to the 

following types of operations: 

(a) Loading or unloading of materials to or from such containers as railcars, trucks, ships, and storage 

structures; 

(b) Conveyor systems other than portable conveyor systems; 

(c) Storage of materials in storage structures, such as silos or enclosed bins, which have a storage capacity of 

fifty cubic yards or more; 

(d) Crushing and/or grinding operations; 

(e) Sizing and/or rescreening operations; 

(f) Static drop transfer points where the discharge point and receiving point of the materials being handled are 

not moving in relationship to one another. 

The emission limitations set forth in Rule 62-296.711, F.A.C., shall not apply to emissions from materials handling, 

sizing, screening, crushing and grinding operations governed by Rule 62-296.705, F.A.C., Phosphate Process 

Operations or Rule 62-296.704, F.A.C., Asphalt Concrete Plants. 

(2) Emission Limitations. 

(a) No owner or operator of an emissions unit governed by Rule 62-296.711, F.A.C., shall cause, permit, or 

allow any visible emissions (five percent opacity) from such emissions unit except that at the point where material is 

being discharged to the hold of a ship from a conveyor system. When the conveyor and/or hatch covering is moved, 

an opacity of 10 percent will be allowed. 

(b) If, in order to comply with the requirements of paragraph (a) above, it is necessary to totally or partially 

enclose an operation and exhaust particulate laden gases through a vent or stack, emissions of particulate from such 

vent or stack shall not exceed 0.03 gr/dscf. 

(c) An owner or operator may request the Department to determine that the emission standards of paragraphs 

62-296.711(2)(a) and (b), F.A.C., do not constitute RACT for a facility. If the Department finds that the emission 

standards do not represent RACT, the Department shall make a determination of RACT for that facility. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(c) A visible emissions test indicating no visible emissions (5 percent opacity) may be submitted in lieu of a 

particulate stack test for materials handling emissions units subject to this rule, where the emissions unit is equipped 

with a baghouse. 

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)11., 

17-296.711, Amended 11-23-94, 1-1-96. 

62-296.712 Miscellaneous Manufacturing Process Operations. 

(1) Applicability. The emission limitations and other requirements of Rule 62-296.712, F.A.C., shall apply to 

miscellaneous manufacturing process operations for which a specific RACT emission limitation has not been 

established in Rules 62-296.401 through 62-296.415, F.A.C., or Rules 62-296.701 through Rule 62-296.711, F.A.C., 

including but not limited to such operations as heat treating furnaces, waste heat evaporators, corebaking ovens, 

mixing kettles, blast furnaces, puddling furnaces, dryers, stills, roasters, and all other methods or forms of 

manufacturing or processing which emit particulate matter. 

(2) Emission Limitations. No owner or operator of a miscellaneous manufacturing process operation shall 
470 

cause, permit, or allow emissions of particulate matter in excess of 0.03 gr/dscf, or any visible emissions greater 

than 5 percent opacity. However the owner or operator may exceed these emission limits if he utilizes a pollution 

control device or system for control of particulate matter which has an actual particulate matter collection efficiency 

of at least 98 percent. 

If Rule 62-296.712, F.A.C., is the least restrictive standard, the opacity standard for the emissions unit shall be the 

average opacity level achieved during the initial compliance test which establishes compliance with the standard, 

plus 5 percent opacity. 

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall 

comply with the following requirements. 

(a) The test method for visible emissions shall be EPA Method 9, incorporated and adopted by reference in 

Chapter 62-297, F.A.C. 

(b) The test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by 

reference in Chapter 62-297, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. 

(c) A visible emissions test indicating no visible emissions (5 percent opacity) may be submitted in lieu of a 

particular stack test for materials handling emissions subject to this rule, where the emissions unit is equipped with a 

baghouse. 

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C. 

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)12., 

17-296.712, Amended 11-23-94, 1-1-96.