reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-204 - AIR POLLUTION CONTROL - GENERAL PROVISIONS › Section 62-204.800 - Federal Regulations Adopted by Reference

Current through Reg. 50, No. 138; July 16, 2024
All federal regulations cited throughout the air pollution
				  rules of the Department are adopted and incorporated by reference in this rule.
				  The purpose and effect of each such federal regulation is determined by the
				  context in which it is cited. Procedural and substantive requirements in the
				  incorporated federal regulations are binding as a matter of state law only
				  where the context so provides. Copies of the reference materials 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 calling (850)717-9000.
(1)  Title 40, Code of Federal Regulations,
				Part 50, National Primary and Secondary Ambient Air Quality Standards.
(a) The provisions of  40 C.F.R. Part 50, §§
											50.1 through 50.19, revised as of July 1, 2021 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-15546
),
				are adopted and incorporated by reference.
(b) Appendices A-1 through U of  40 C.F.R.
				Part 50, revised as of July 1, 2021 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-15546
),
				are adopted and incorporated by reference.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.100 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.031,
					 403.061,
					 403.087
					 FS.
New 2-9-93, Formerly 17-210.100, Amended 11-23-94, 1-10-07,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.220 - Small Business Assistance Program

Current through Reg. 50, No. 138; July 16, 2024
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 Register. Each notice shall contain:
1. The subject matter of the rule,
2. The publication date,
3. Any published effective date,
4. The Florida Administrative Register
				location, by volume and page number; and,
5. The Small Business Assistance Program
				Hotline telephone number.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.310 - Air General Permits

Current through Reg. 50, No. 138; July 16, 2024
(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.
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, except where all air general permits used at the
				facility specifically allow the use of one another at the same
				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
				limitations or requirements under other state or federal rules. A facility must
				comply with such limitations and 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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.340 - Citrus Juice Processing Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.08725 FS. Law Implemented
					 403.08725
					 FS.
New 12-17-02, Amended 11-1-04, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.350 - Public Notice and Comment

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.360 - Administrative Permit Corrections and Amendments

Current through Reg. 50, No. 138; July 16, 2024
(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) A change to
				a minor operating permit that incorporates requirements established pursuant to
				a minor air construction permit authorized by Rule 62-212, F.A.C., provided
				that any such minor air construction permit was publicly noticed as required by
				Rule  62-210.350, F.A.C.
(f) A change to a Title V operating permit
				that incorporates requirements established pursuant to a minor air construction
				permit authorized by Rule 62-212, F.A.C., provided that any such minor air
				construction permit was publicly noticed consistent with the requirements for
				Title V permits in Rule
				62-210.350, F.A.C., the minor
				air construction permit was provided to EPA for review consistent with the
				requirements of Rule  62-213.450, F.A.C., and the
				minor air construction permit contains compliance provisions consistent with
				the requirements of Rule
				 62-213.440, F.A.C.
(g) 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;
(h) 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,
(i) Any other similar
				minor administrative change at the source.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.370 - Emissions Computation and Reporting

Current through Reg. 50, No. 138; July 16, 2024
(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),
				paragraph  62-212.300(1)(e) 
				and Rule  62-213.205, 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 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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.400 - Emission Estimates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 11-23-94, Formerly 17-2.215, 17-210.400, Repealed
					 3-13-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.500 - Air Quality Models (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 11-23-94, Formerly 17-2.260, 17-210.500, Repealed
					 3-13-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.550 - Stack Height Policy

Current through Reg. 50, No. 138; July 16, 2024
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
				  40 C.F.R.
				  51.100(ii), as adopted and
				  incorporated by reference in Rule
				   62-204.800, F.A.C., or by any
				  other dispersion technique, as provided in
				  40 C.F.R.
				  51.100(hh), as adopted and
				  incorporated by reference in Rule
				  62-204.800, 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 and
				   62-212.500, F.A.C., or
				  40 C.F.R.
				  52.21, were carried out after December 31,
				  1970. This provision shall not restrict in any manner the actual stack height
				  of any emissions unit.
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
Formerly 17-2.270, 17-210.550, Amended 11-23-94,
					 7-3-18.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.650 - Circumvention

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
Formerly 17-2.240,
					 17-210.650.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.710 - Emission Limits during Transient Modes of Operation

Current through Reg. 50, No. 138; July 16, 2024
(1) A facility may request that the
				Department establish by permit one or more unit-specific secondary emission
				limits to apply during a specified transient mode of operation in lieu of the
				unit's primary emission limit in Chapter 62-296, F.A.C., or the State
				Implementation Plan of the State of Florida, identified in  40 C.F.R. §
										52.520. Transient modes of operation include, but are not limited to,
				periods of startup, shutdown, or fuel switching. In order to be eligible for a
				secondary emission limit applicable during a specified transient mode of
				operation, the facility must provide to the Department data and documentation
				sufficient to:
(a) Describe the specific
				operating conditions that mark the commencement and completion of the transient
				mode of operation, the duration of those operating conditions, and the
				operational variations in the process and control equipment and operations
				being permitted that could affect the frequency or duration of the transient
				mode of operation; and,
(b)
				Demonstrate that the frequency and duration of the transient mode of operation
				will be limited to the greatest extent practicable; and,
(c) Demonstrate that the unit's emission
				control strategy for compliance with the otherwise applicable category-specific
				primary emission limit or unit-specific primary emission limit contained in the
				State Implementation Plan of the State of Florida, identified in  40 C.F.R. §
											52.520, is technically infeasible during the transient mode of operation;
				and,
(d) Demonstrate that the unit
				is unable to comply with the otherwise applicable category-specific primary
				emission limit or unit-specific primary emission limit contained in the State
				Implementation Plan of the State of Florida, identified in  40 C.F.R. §
											52.520; and,
(e) Define best
				practices for the unit for limiting the extent and duration of emissions of the
				regulated air pollutant during the transient mode of operation; and,
(f) Determine a secondary emission limit that
				(1) reflects best practices and (2) minimizes the extent and duration of
				emissions of the regulated air pollutant during the transient mode of operation
				to the greatest extent practicable; and,
(g) Demonstrate that the facility has
				implemented or will implement recordkeeping practices (e.g. continuous
				emissions monitoring, parametric data collection and storage, contemporaneous
				operating logs) sufficient to demonstrate compliance with the unit-specific
				secondary emission limit.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.900 - Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
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 6-22-17 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-08309
).
(a) Acid Rain Part Application, Form and
				Instructions (DEP Form No.
				 62-210.900(1)(a),
				Effective 3-16-08 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-08310
).
1. Phase II NOX
				Averaging Plan, Form (DEP Form No.
				 62-210.900(1)(a) 
				1., Effective 3-16-08 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-08311
).
2. Acid Rain New Unit Exemption, Form and
				Instructions (DEP Form No.
				 62-210.900(1)(a) 
				2., Effective 3-16-08 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-08312
).
3. Phase II NOX
				Compliance Plan, Form and Instructions (DEP Form No.
				 62-210.900(1)(a) 
				3., Effective 3-11-10 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-08313
).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.920 - Registration Forms for Air General Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.031,
					 403.061,
					 403.087,
					 403.814
					 FS.
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, Repealed
					 6-29-11.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.980 - Severability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 11-1-84, Amended 8-26-81, Formerly 17-2.24, 17-2.280,
					 17-210.980, Repealed 1-2-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.990 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 11-1-81, Amended 8-26-81, Formerly 17-2.290,
					 17-210.990, Repealed 11-23-94.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.100 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087,
					 403.0875
					 FS.
New 2-2-93, Formerly 17-212.100, Amended 11-23-94, 3-13-96,
					 5-20-97, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.200 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 2-2-93, Formerly 17-2.100, 17-212.200, Amended
					 11-23-94, Repealed 3-13-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.400 - Prevention of Significant Deterioration (PSD)

Current through Reg. 50, No. 138; July 16, 2024
(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 this rule and, where applicable, Rule
				 62-212.500, F.A.C. Emissions of
				an affected pollutant from a new major stationary source or major modification
				which is located in or proposed to be located in any nonattainment area are not
				subject to this rule.
(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."
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.410 - Best Available Control Technology (BACT) (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 11-23-94, Formerly 17-2.630, 17-212.410, Amended
					 1-1-96, Repealed 3-13-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.500 - Preconstruction Review for Nonattainment Areas

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.510 - Lowest Achievable Emission Rate (LAER) (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 11-23-94, Formerly 17-2.640, 17-212.510, Amended
					 1-1-96, Repealed 3-13-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.600 - Sulfur Storage and Handling Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.031,
					 403.061,
					 403.087
					 FS.
Formerly 17-2.540, 17-212.600, Amended 11-23-94, 1-1-96,
					 3-13-96, 8-17-00, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.700 - Emissions Unit Reclassification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.021,
					 403.031,
					 403.061,
					 403.087
					 FS.
New 11-23-94, Formerly 17-2.530, 17-212.700, Repealed
					 3-13-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.710 - Air Emissions Bubble (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.08735
					 FS.
New 5-20-97, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.100 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.0872 FS. Law Implemented
					 403.061,
					 403.0872
					 FS.
New 11-28-93, Formerly 17-213.010, Amended 3-13-96,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.200 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.021,
					 403.031,
					 403.087,
					 403.0872,
					 403.0873
					 FS.
New 12-21-92, Amended 11-28-93, Formerly 17-213.100,
					 Amended 11-23-94, 1-3-95, 4-18-95, 1-1-96, Repealed
					 3-13-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.210 - Permit Application Processing Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061,
					 403.087 FS. Law Implemented
					 403.087,
					 403.0872
					 FS.
New 12-21-92, Amended 11-25-93, Formerly 17-213.210,
					 Repealed 1-1-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.220 - Florida Air-Operation License Fee Account (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.0872,
					 403.0873
					 FS.
New 12-21-92, Amended 11-25-93, Formerly 17-213.220,
					 Amended 11-23-94, Repealed 1-1-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.400 - Permits and Permit Revisions Required

Current through Reg. 50, No. 138; July 16, 2024
All Title V sources are subject to the air operation permit
				  requirements of this chapter, except those Title V sources permittable pursuant
				  to Rule  62-213.300, F.A.C., Title V Air
				  General Permits.
(1) No Title V source
				may operate except in compliance with this chapter.
(2) Except as provided in Rule
				 62-213.410, F.A.C., no source
				with a permit issued under the provisions of this chapter shall make any
				changes in its operation without first applying for and receiving a permit
				revision if the change meets any of the following:
(a) Constitutes a modification;
(b) Violates any applicable
				requirement;
(c) Exceeds the
				allowable emissions of any air pollutant from any unit within the
				source;
(d) Contravenes any permit
				term or condition for monitoring, testing, recordkeeping, reporting or of a
				compliance certification requirement;
(e) Requires a case-by-case determination of
				an emission limitation or other standard or a source specific determination of
				ambient impacts, or a visibility or increment analysis under the provisions of
				Chapter 62-212 or 62-296, F.A.C.;
(f) Violates a permit term or condition which
				the source has assumed for which there is no corresponding underlying
				applicable requirement to which the source would otherwise be
				subject;
(g) Results in the trading
				of emissions among units within a source except as specifically authorized
				pursuant to Rule  62-213.415, F.A.C.;
(h) Results in the change of location of any
				relocatable facility identified as a Title V source pursuant to paragraph
				(a)-(e), (g) or (h), of the definition of "major source of air pollution" at
				Rule  62-210.200, F.A.C.
(i) Constitutes a change at an Acid Rain
				Source under the provisions of
				40 C.F.R.
				72.81(a)(1), (2) or (3), (b)(1) or
				(b)(3), hereby incorporated by
				reference;
(j) Constitutes a change
				in a repowering plan, nitrogen oxides averaging plan, or nitrogen oxides
				compliance deadline extension at an Acid Rain
				Source.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.405 - Concurrent Processing of Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) If requested by the applicant, the
				Department shall concurrently process the applications for air construction
				permit and Title V permit revision or permit renewal, provided:
(a) The application for air construction
				permit complies with the requirements of subsections
				 62-213.420(3) and
				(4), F.A.C.;
(b) The application for air construction
				permit is subject to federally enforceable preconstruction review pursuant to
				Chapter 62-212, F.A.C.; and,
(c) A
				source's responsible official waives the processing time requirements for the
				air construction permit to accommodate the processing time frames of the Title
				V permit, and the Department complies with all requirements of subsection
				 62-213.430(1),
				F.A.C., prior to taking final action on the applications for air construction
				permit and Title V permit revision or permit renewal.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.410 - Changes Without Permit Revision

Current through Reg. 50, No. 138; July 16, 2024
Title V sources having a valid permit issued pursuant to this
				  chapter may make the following changes without permit revision, provided that
				  sources shall maintain source logs or records to verify periods of
				  operation:
(1) Permitted sources may
				change among those alternative methods of operation:
(2) A permitted source may implement
				operating changes, as defined in Rule
				 62-210.200, F.A.C., after the
				source submits any forms required by any applicable requirement and provides
				the Department and EPA with at least 7 days written notice prior to
				implementation. The source and the Department shall attach each notice to the
				relevant permit:
(a) The written notice shall
				include the date on which the change will occur, and a description of the
				change within the permitted source, the pollutants emitted and any change in
				emissions, and any term or condition becoming applicable or no longer
				applicable as a result of the change;
(b) The permit shield described in Rule
				 62-213.460, F.A.C., shall not
				apply to such changes;
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.412 - Immediate Implementation Pending Revision Process

Current through Reg. 50, No. 138; July 16, 2024
(1) Those permitted Title V sources making
				any change that constitutes a modification pursuant to the definition of
				modification at Rule  62-210.200, F.A.C., but which
				would not constitute a modification pursuant to
				42 U.S.C.
				7412(a) or to
				40 C.F.R.
				52.01,
				60.2, or
				61.15, adopted and incorporated by
				reference at Rule  62-204.800, F.A.C., may
				implement such change prior to final issuance of a Title V permit revision,
				provided the change:
(a) Does not violate any
				applicable requirement;
(b) Does
				not contravene any permit term or condition for monitoring, testing,
				recordkeeping or reporting, or any compliance certification
				requirement;
(c) Does not require
				or change a case-by-case determination of an emission limitation or other
				standard, or a source-specific determination of ambient impacts, or a
				visibility or increment analysis under the provisions of Chapter 62-212 or
				62-296, F.A.C.;
(d) Does not seek
				to establish or change a permit term or condition for which there is no
				corresponding underlying applicable requirement and which the source has
				assumed to avoid an applicable requirement to which the source would otherwise
				be subject including any federally enforceable emissions cap or federally
				enforceable alternative emissions limit.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.413 - Fast-Track Revisions of Acid Rain Parts

Current through Reg. 50, No. 138; July 16, 2024
Those Acid Rain Sources making a change described at
				  subsection  62-214.370(4),
				  F.A.C., may request such change as provided herein:
(1) The designated representative of the Acid
				Rain Source shall make application for permit revision to the Department using
				DEP Form No.  62-210.900(1)(a);
(2) Within five (5) business days after
				submittal of the application to the Department, the designated representative
				shall provide a copy of the application to EPA, any affected state, any
				approved local air program having geographical jurisdiction and any person who
				has requested a copy;
(3) Within
				five (5) business days after serving the copy of the application upon EPA, the
				designated representative shall publish notice of the application in accordance
				with the provisions of subsection 62-103.150(1), F.A.C. The notice shall
				require that comments be submitted in writing within 30 days of publication and
				shall identify the designated representative and the Department as parties to
				receive comment. The notice shall also contain the following statement:
"The Department shall take action on the application for
				  permit revision within 40 days after publication of this notice. Any person
				  desiring actual notice of the proposed agency action may request such notice
				  pursuant to Section  120.60, F.S.";
(4) The Department shall issue a draft permit
				revision or an intent to deny within forty (40) days after publication of the
				notice described at subsection
				 62-213.413(3),
				F.A.C. If the Department has received a request for actual notice of the agency
				action, the Department shall issue a proposed permit revision or denial only
				after the Department has provided all persons making such request with actual
				notice containing the information described in subsections 62-103.155(1)-(3),
				F.A.C., and has provided opportunity for petition for administrative
				hearing;
(5) If the Department has
				received no petition for administrative hearing, the Department shall issue a
				proposed permit revision within 60 days after the publication of the notice
				described at subsection
				 62-213.413(3),
				F.A.C. The Department shall take final action to issue or deny the proposed
				permit revision immediately after complying with subsection
				 62-213.430(1),
				F.A.C.
Rulemaking Authority
					 403.061,
					 403.087,
					 403.0872 FS. Law Implemented
					 403.031,
					 403.087,
					 403.0872,
					 403.0873
					 FS.
New 1-3-95, Amended 7-6-95,
					 6-2-02.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.420 - Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) Duty to
				Apply. For each Title V source, the owner or operator shall submit a timely and
				complete permit application in compliance with the requirements of this section
				and subsections  62-4.050(1) through
				(3), F.A.C.
(a) Timely Application.
1. A facility that commences operation as a
				Title V source or that otherwise becomes subject to the permitting requirements
				of Chapter 62-213, F.A.C., must file an application for an operation permit
				under this chapter at least ninety days before expiration of the source's air
				construction permit, but no later than 180 days after commencing operation as a
				Title V source, unless a different application due date is provided at Rule
				 62-204.800, F.A.C., or an
				earlier date is provided in the air construction permit. A source that applied
				for an Electrical Power Plant Siting Certification prior to October 26, 1995,
				but was not issued the certification as of that date, or a source that was
				issued an Electrical Power Plant Siting Certification prior to October 26,
				1995, but did not commence operation by that date, shall file an application
				for an operation permit under this chapter no later than 180 days after
				commencing operation.
2. For
				purposes of permit renewal, a timely application is one that is submitted 180
				days before the expiration of a permit that expires before June 1, 2009, and
				225 days before the expiration of a permit that expires on or after June 1,
				2009.
3. A Title V source which
				contains an emissions unit that commences operation or is modified shall submit
				an application for a permit revision, or a supplement to a pending application,
				at least ninety days prior to expiration of the unit's air construction permit,
				but no later than 180 days after the emissions unit commences operation or
				commences operation as modified. Any source that contains an emissions unit
				that has not commenced operation or which has not demonstrated initial
				compliance with all applicable requirements by the time that the source submits
				its application for a Title V permit, permit revision, or permit renewal may
				include such emissions unit in the application, provided the source submits a
				compliance schedule and methodology, in accordance with paragraph
				 62-213.420(3)(l),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.430 - Permit Issuance, Renewal, and Revision

Current through Reg. 50, No. 138; July 16, 2024
(1) Action on Application. The Department
				shall issue a draft permit or a determination that the requested permit be
				denied within 90 days after receipt of the latest of: the application; the last
				item of information requested pursuant to paragraph
				 62-213.420(1)(b),
				F.A.C.; or, a written request to process the application without the requested
				information. If written comments received during the 30-day comment period
				result in a substantial change in this draft permit, the Department shall issue
				a revised draft permit within 45 days after the end of the 30-day public
				comment period, unless a different time period is agreed to between the
				applicant and the Department. A substantial change in a draft permit has the
				same meaning as "substantially modified" under subparagraph
				 62-110.106(7)(a) 
				4., F.A.C. The Department shall issue a permit, permit revision or renewal only
				after all of the following conditions have been met:
(a) The applicant has submitted a complete
				application, properly certified by a responsible official as required by
				subsection  62-213.420(4),
				F.A.C., and either all corrected and supplemental information requested or a
				written request to process the application without such information pursuant to
				subparagraph  62-213.420(1)(b) 
				3., F.A.C.;
(b) The Department and
				the applicant have complied with the requirements for notice and public
				participation described in Rules 62-103.150 and
				 62-210.350, F.A.C.;
(c) The Department has complied with the
				requirements for notifying and responding to affected states and approved local
				air programs pursuant to subsections
				 62-213.450(2) and
				(3), F.A.C.;
(d) The Department has provided EPA with a
				copy of the draft permit, proposed permit and any notices required under
				subsections  62-213.450(1) and
				(2), F.A.C., and has not received written EPA
				objection to issuance of the permit within the time period specified in
				subsection  62-213.450(4),
				F.A.C. If the Department receives timely EPA objection, the Department shall
				not take final action until the Department receives written notice that the
				objection is resolved or withdrawn;
(e) The Department has provided a statement
				to EPA setting forth the basis for the draft permit conditions, including
				references to the applicable statutory or regulatory
				provisions.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.450 - Permit Review by EPA and Affected States

Current through Reg. 50, No. 138; July 16, 2024
(1) Transmission of Information to EPA.
				Unless waived by EPA, the Department shall provide to EPA a copy of each permit
				application, including any application for permit revision or permit renewal,
				each draft permit, each proposed permit, and each final permit. Unless a
				different time frame is agreed to between the applicant and the Department, the
				Department shall issue and forward the proposed permit to EPA for its 45-day
				review within 30 days after the conclusion of the comment period on the last
				draft permit; or, if the draft permit is the subject of an administrative
				hearing under Sections
				 120.569 and
				 120.57, F.S. The Department
				shall issue and forward the proposed permit to EPA no later than 30 days after
				the date the final order is required to be filed under Section
				 120.57(1)(k),
				F.S., the Department shall also provide notice to the applicant of the date
				that the Department forwards the proposed permit to EPA, within 10 days of
				forwarding the proposed permit.
(2)
				Review by Affected States and Approved Local Air Programs. At the time that the
				Department provides the notice to the public under Chapters 62-103 and 62-210,
				F.A.C., the Department shall give notice of each draft permit to any affected
				state and any approved local air program having geographical jurisdiction of
				the source. The Department shall also provide the approved local air program
				and affected state a copy of each proposed and final permit at the time the
				information is forwarded to EPA.
(3) The Department shall notify, in writing,
				EPA and any affected state of any refusal by the Department to accept all
				recommendations for the draft permit that the affected state submitted during
				the public or affected state review period. The notice shall include the
				Department's reasons for not accepting any such recommendation.
(4) EPA Objection. The Department shall not
				issue any permit, permit revision or permit renewal if EPA objects to issuance,
				in writing, within 45 days of receipt of the proposed
				permit.
Rulemaking Authority
					 403.061,
					 403.087,
					 403.0872 FS. Law Implemented
					 403.087,
					 403.0872
					 FS.
New 11-28-93, Formerly 17-213.450, Amended 2-11-99,
					 1-3-01.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.460 - Permit Shield

Current through Reg. 50, No. 138; July 16, 2024
Except as provided in this chapter, compliance with the terms
				  and conditions of a permit issued pursuant to this chapter shall, as of the
				  effective date of the permit, be deemed compliance with any applicable
				  requirements in effect, provided that the source included such applicable
				  requirements in the permit application. Nothing in this section or in any
				  permit shall alter or affect the ability of EPA or the Department to deal with
				  an emergency, the liability of an owner or operator of a source for any
				  violation of applicable requirements prior to or at the time of permit
				  issuance, or the requirements of the Federal Acid Rain Program or the CAIR
				  Program.
Rulemaking Authority
					 403.061,
					 403.0872 FS. Law Implemented
					 403.087,
					 403.0872
					 FS.
New 11-28-93, Formerly 17-213.460, Amended 11-23-94,
					 1-3-01, 3-16-08, 3-11-10.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.900 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.0872
					 FS.
New 12-21-92, Amended 11-25-93, Formerly 17-213.900,
					 Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 2-24-99, 1-3-01, 6-2-02,
					 4-14-03, 10-12-08, 6-29-11, 12-31-13, Repealed
					 4-8-21.