Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-210 - STATIONARY SOURCES - GENERAL REQUIREMENTS › Section 62-210.300 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Air
				Construction Permits.
(a) Unless exempt 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. 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 C.F.R.
				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, 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. All emission
				limitations, controls, and other requirements imposed by any individual air
				permit shall be at least as stringent as any limitations and requirements
				contained in or enforceable under the State Implementation Plan (SIP) or
				Designated Facility Plan. 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 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.
(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 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., Rules  62-212.400,
				 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., 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 or
				 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.