Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-212 - STATIONARY SOURCES - PRECONSTRUCTION REVIEW › Section 62-212.720 - Actuals Plantwide Applicability Limits (PALs)

Current through Reg. 50, No. 138; July 16, 2024
(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 C.F.R.
				52.21(aa)(2), adopted by
				reference 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 C.F.R. 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 C.F.R.
				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 C.F.R.
				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 C.F.R.
				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 C.F.R.
				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 C.F.R.
				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 C.F.R.
				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 C.F.R.
				52.21(aa)(13) and (14),
				adopted by 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 C.F.R.
				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 C.F.R.
				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 C.F.R.
				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 C.F.R.
				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.
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.031,
					 403.061,
					 403.087
					 FS.
New 2-2-06, Amended 7-16-07,
					 10-6-08.