Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.440 - Permit Content

Current through Reg. 50, No. 138; July 16, 2024
(1) Standard
				Permit Requirements. Each permit issued under this chapter shall incorporate
				all applicable requirements for the Title V source and for each method of
				operation proposed by the applicant and approved by the Department. Each such
				permit shall include all emission limitations and standards, including those
				operational requirements and limitations that assure compliance with all
				applicable requirements, with citation to the Department's rule authority for
				each term or condition, and identification of any difference in form from the
				applicable requirement upon which the term or condition is based. However, when
				there are multiple, redundant, or conflicting applicable requirements, these
				provisions can be reduced to a single streamlined term or condition that is the
				most stringent of the multiple applicable requirements. In addition, the
				Department shall label permit terms or conditions "not federally enforceable"
				consistent with 40 C.F.R.
				70.6(b)(2), adopted and
				incorporated by reference at Rule
				 62-204.800, F.A.C. Emissions
				units or pollutant-emitting activities within a Title V source determined to be
				insignificant pursuant to subsection
				 62-213.430(6),
				F.A.C., shall be identified. Whenever any condition or requirement of a Title V
				permit is added, changed, or deleted during the term of the permit, any such
				previous condition shall be documented with the permit for the duration of the
				term and any such new or changed condition shall include a condition effective
				date.
(a) Permit Duration. Permits for
				sources subject to the Federal Acid Rain Program shall be issued for terms of
				five years, provided that the initial Acid Rain Part may be issued for a term
				less than five years where necessary to coordinate the term of such part with
				the term of a Title V permit to be issued to the source. Operation permits for
				Title V sources may not be extended as provided in subsection
				 62-4.080(3),
				F.A.C., if such extension will result in a permit term greater than five
				years.
(b) Monitoring and Related
				Recordkeeping and Reporting Requirements.
1.
				Each permit shall specify the following requirements with respect to
				monitoring:
a. Emissions monitoring and
				analysis procedures or test methods specified by applicable requirements
				including   40 C.F.R. 64, Compliance Assurance Monitoring, adopted and
				incorporated by reference at subsection
				62-204.800, F.A.C.;
b. Periodic monitoring sufficient to yield
				reliable data from the relevant time period and that are representative of the
				source's compliance with the permit, as required by
				40 C.F.R.
				70.6(a)(3)(i)(B), adopted
				and incorporated by reference at Rule
				62-204.800, F.A.C. Periodic
				monitoring shall assure use of recordkeeping terms, test methods, units,
				averaging periods, or other statistical conventions consistent with the
				applicable requirement, as specified in subsection
				 62-213.440(4),
				F.A.C.; and,
c. Requirements
				concerning the use, maintenance, and installation of monitoring equipment or
				methods.
2. The permit
				shall incorporate all applicable recordkeeping requirements including:
a. Records of monitoring information that
				specify the date, place, and time of sampling or measurement and the operating
				conditions at the time of sampling or measurement, the date(s) analyses were
				performed, the company or entity that performed the analyses, the analytical
				techniques or methods used, and the results of such analyses,
b. Retention of records of all monitoring
				data and support information for a period of at least 5 years from the date of
				the monitoring sample, measurement, report, or application. Support information
				includes all calibration and maintenance records and all original strip-chart
				recordings for continuous monitoring instrumentation, and copies of all reports
				required by the permit.
3. Each permit shall incorporate reporting
				requirements as follows:
a. The permittee
				shall monitor compliance with the terms and conditions of this permit and shall
				submit reports at least every 6 months. Each semi-annual report shall cover the
				6-month periods of January 1 - June 30 and July 1 - December 31. The reports
				shall be submitted by the 60th day following the end of each calendar half
				(i.e., March 1st and August 29th of every year). All instances of deviations
				from permit requirements (including conditions in the referenced Appendices)
				must be clearly identified in such reports. If there are no deviations during
				the reporting period, the report shall indicate no deviation.
b. Reporting, in accordance with requirements
				of subsection  62-210.700(5),
				and Rule  62-4.130, F.A.C., of deviations
				from permit requirements, including those attributable to upset conditions as
				defined in the permit. Reports shall include the probable cause of such
				deviations, and any corrective actions or preventive measures taken.
c. All reports shall be accompanied by a
				certification by a responsible official, pursuant to subsection
				 62-213.420(4),
				F.A.C.
(c)
				Emission Allowances. The Acid Rain Part of a Title V permit shall include a
				permit condition prohibiting emissions exceeding any allowances that the source
				lawfully holds under the Federal Acid Rain Program. The source may not,
				however, use allowances as a defense to noncompliance with any other applicable
				requirement.
1. No permit revision shall be
				required for increases in emissions that are authorized by allowances acquired
				pursuant to the Federal Acid Rain Program, provided that such increases do not
				require a permit revision pursuant to Rule
				 62-213.400, F.A.C.
2. No limit shall be placed on the number of
				allowances held by the source under the Federal Acid Rain Program.
3. Allowances shall be accounted for under
				the Federal Acid Rain Program.
(d) In addition to the requirements stated
				above, each Title V permit shall include all of the following:
1. A statement that if any portion of the
				final permit is invalidated, the remainder of the permit shall remain in
				effect,
2. Identification of
				fugitive emissions and source-wide emissions in the same manner as stack
				emissions, regardless of whether or not the Title V source is specifically
				listed in paragraph (b), of the definition of major source of air pollution at
				Rule  62-210.200, F.A.C.,
3. A statement that it shall not be a defense
				for a permittee in an enforcement action that maintaining compliance with any
				permit condition would necessitate halting of or reduction of the source
				activity,
4. A statement that any
				Title V source shall comply with all the terms and conditions of the existing
				permit until the Department has taken final action on any permit renewal or any
				requested permit revision, except as provided at subsection
				 62-213.412(2),
				F.A.C.,
5. A statement that a
				situation arising from sudden and unforeseeable events beyond the control of
				the source which causes an exceedance of a technology-based emissions
				limitation because of unavoidable increases in emissions attributable to the
				situation and which requires immediate corrective action to restore normal
				operation, shall be an affirmative defense to an enforcement action in
				accordance with the provisions and requirements of
				40 C.F.R.
				70.6(g)(2) and (3), hereby
				adopted and incorporated by reference,
6. A statement that any permittee may claim
				confidentiality of any data or other information by complying with subsection
				 62-213.420(2),
				F.A.C.