Fla. Admin. Code Ann. R. 62-210.300 - Permits Required
(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shut down, except for any such limitation or requirement that is obsolete by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.
(2) Air Operation
Permits. 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.
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 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, Chapters 62-213 (if the facility is a
Title V source), and 62-4, F.A.C. All emission limitations, controls, and other
requirements imposed by any individual air permit shall be at least as
stringent as any 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.
(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:
(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
(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 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
from Permitting. 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 permitting exemption 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 limitation
or requirement, unless compliance with such limitation or requirement is
specifically listed as a condition of exemption. 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 use, in whole or in part, of the baseline
actual-to-projected actual applicability test in Rule 62-212.400, 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 the owner
or operator of a facility or emissions unit from complying with any limitation
or requirement applicable to such facility or emissions unit.
(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.
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.
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. Incineration of drugs seized by law
enforcement, agricultural food products that cannot be transported into the
country or across state lines to prevent biocontamination, or animal carcasses
may be conducted in an air-permitted incinerator regulated under 40 CFR Part
60, Subparts Cb, Eb, AAAA, BBBB, CCCC, or DDDD, adopted and incorporated by
reference in Rule 62-204.800, F.A.C., or as follows:
a. A government agency may own and operate an
incinerator that is designed for animal carcass disposal associated with the
study, surveillance, or mitigation of animal disease spread, odor control, or
related health impacts. An incinerator being used for these purposes shall be
equipped with a secondary chamber to ensure complete combustion.
b. A government agency may own and operate an
incinerator to dispose of drugs seized by law enforcement, agricultural food
products that cannot be transported into the country or across state lines to
prevent biocontamination. An incinerator being used for these purposes shall be
equipped with a secondary chamber to ensure complete combustion or be a
cyclonic burn barrel as defined in
40 CFR
60.2875, adopted and incorporated by
reference in Rule 62-204.800, F.A.C.
c. A government agency using an incinerator
under sub-subparagraphs
62-210.300(3)(a)
21.a. or b., F.A.C., shall also meet the following requirements:
(I) The incinerator shall not exceed a
charging rate of 300 pounds per hour of material;
(II) The owner or operator shall keep records
of the amount and type of materials being combusted; and
(III) The incinerator shall comply with the
opacity requirements of paragraph
62-296.401(1)(a),
F.A.C.
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 and the operation is not subject to the
requirements of Rule 62-296.511, F.A.C.
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 located 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., 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. An air curtain
incinerator may be used for burning of storm-generated vegetative debris in
accordance with the provisions of subsection
62-256.700(8),
F.A.C., so long as:
(I) The air curtain
incinerator is used in a disaster declaration area;
(II) The air curtain incinerator is used for
a period not to exceed eight (8) weeks from the date the unit began operation.
If the unit will operate for more than eight (8) weeks, the operator must
notify the Department by the end of the eighth week and the notification must
identify the start date, a description of the material being burned, a
description of the size and design of the unit, and the reasons why the
incinerator must be operated for more than eight weeks.
(III) If the operator of the unit submits the
required notification as specified in sub-sub-subparagraph
62-210.300(3)(a)
26.c.(II), F.A.C., the unit may be operated for an additional eight (8) weeks,
for a total of sixteen (16) weeks.
(IV) If the Department has approved in
writing an operator's request to continue operation beyond sixteen (16) weeks,
then the operator may continue to operate the incinerator or air curtain
incinerator until the date specified in the written
approval.
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.
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 refractory-lined 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 Florida Forest Service 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 all the following
conditions are met.
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.
b. Such operations are not subject to any
unit-specific limitation or requirement.
c. The surface coating operation is not
subject to any of the requirements of Rules
62-296.501 through
62-296.515,
F.A.C.
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 all the
following conditions are met.
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 distribute more
than 1.3 million gallons of gasoline in any consecutive twelve (12)
months.
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
62-780.700, 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 all the
following conditions are met with respect to each such unit.
a. The unit is not subject to the Acid Rain
Program or any other unit-specific limitation or 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 is a gas-fired boiler, which, for
the purposes of this exemption, is defined as any boiler that burns gaseous
fuels not combined with any solid fuels and burns liquid fuel only during
periods of gas curtailment, gas supply interruption, startups, or periodic
testing of liquid fuel. Periodic testing of liquid fuel shall not exceed a
combined total of 48 hours during any calendar year.
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 all the following
conditions are met with respect to each such unit.
a. The unit is not subject to the Acid Rain
Program, or any other unit-specific limitation or requirement other than any
such limitation or requirement that may apply pursuant to 40 C.F.R. Part 63,
Subparts DDDDD and JJJJJJ, adopted and incorporated by reference at Rule
62-204.800, F.A.C.
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.
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 sub-subparagraph 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.
i. If the unit is subject to 40 C.F.R. Part
63, Subpart DDDDD or JJJJJJ, the owner shall comply with all limitations and
requirements of Subpart DDDDD or JJJJJJ that apply to the
unit.
35. Stationary
Reciprocating Internal Combustion Engines, provided all the following
conditions are met with respect to each such engine.
a. The engine is not subject to the Acid Rain
Program, CAIR Program, or any other unit-specific limitation or requirement
other than any such limitation or requirement that may apply pursuant to 40
C.F.R. Part 60, Subpart IIII or JJJJ, or 40 C.F.R Part 63, Subpart ZZZZ, all
adopted and incorporated by reference at Rule 62-204.800, F.A.C.
b. The engine shall not burn used oil or any
fuels other than natural gas, propane, gasoline, and diesel fuel.
c. Collectively, all engines 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 type of fuel, the collective annual amount of fuel burned by all
engines claiming this exemption at the same facility shall not exceed 53, 000
gallons of gasoline, 64, 000 gallons of diesel fuel, 288, 000 gallons of
propane, or 8.8 million standard cubic feet of natural gas.
e. If burning more than one type of fuel, the
equivalent collective annual amount of each fuel burned by the engines 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 engines claiming this exemption at the same
facility to the total amount of such fuel allowed to be burned by all engines
claiming this exemption at the same facility pursuant to sub-subparagraph d.
The sum of the fuel percentages for all fuels burned by the engines claiming
this exemption at the same facility must be less than or equal to 100
percent.
f. If the engine is a
stationary compression ignition reciprocating internal combustion engine that
is subject to 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by
reference at Rule 62-204.800, F.A.C., or by virtue of modification or
reconstruction becomes subject to such subpart, the owner or operator shall
comply with all limitations and requirements of Subpart IIII that apply to the
engine.
g. If the engine is a
stationary spark ignition reciprocating internal combustion engine that is
subject to 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by
reference at Rule 62-204.800, F.A.C., or by virtue of modification or
reconstruction becomes subject to such subpart, the owner or operator shall
comply with all limitations and requirements of Subpart JJJJ that apply to the
engine.
h. If the engine is a
stationary reciprocating internal combustion engine subject to 40 C.F.R. Part
63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800,
F.A.C., the owner or operator shall comply with all limitations and
requirements of Subpart ZZZZ that apply to the engine. If emissions testing is
required pursuant to Subpart ZZZZ, all reports and notifications, including
notifications of upcoming tests, shall be submitted to the Department in
accordance with the provisions of Subpart ZZZZ.
36. Printing operations, provided:
a. The facility is not subject to any
unit-specific limitation or requirement,
b. The printing operation is not subject to
any of the requirements of Rule 62-296.515, F.A.C.
c. The facility shall use less than 667
gallons of materials containing any hazardous air pollutants in any consecutive
twelve (12) months; and,
d. 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, clean-up
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.
37. Yard Trash Processing and Recycling
facilities, provided that:
a. The facility
maintains its Registration and Annual Report for a Yard Trash Transfer Station
or Solid Waste Recycling Facility pursuant to Chapter 62-709, F.A.C.;
b. The facility complies with the general
particulate emissions limiting standards pursuant to subsection
62-296.320(4),
F.A.C.; and
c. Open burning is
prohibited at the facility.
(b) Generic 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 not be subject to any
unit-specific limitation or requirement.
b. 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 create a Title V source.
c. It
would neither emit nor have the potential to emit 500 pounds per year or more
of lead and lead compounds expressed as lead, 1, 000 pounds per year or more of
any hazardous air pollutant, 2, 500 pounds per year or more of total hazardous
air pollutants, or 5.0 tons per year or more of any other regulated air
pollutant as defined at Rule 62-210.200, F.A.C.
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
pollutant-emitting 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 none of the emissions units and pollutant-emitting activities
within the facility, including any proposed new emissions units and activities,
is subject to any unit-specific limitation or requirement and the facility
meets all of the following criteria.
a. The
facility would neither emit nor have the potential to emit 1, 000 pounds per
year or more of lead and lead compounds expressed as lead, 1.0 ton per year or
more of any hazardous air pollutant, 2.5 tons per year or more of total
hazardous air pollutants, 25 tons per year or more of carbon monoxide, nitrogen
oxides and sulfur dioxide, or 10 tons per year or more of any other regulated
air pollutant as defined at Rule 62-210.200, F.A.C.
b. The facility would neither emit nor have
the potential to emit any pollutant in such amount as to create a Title V
source, nor would the facility be a Title V source for any other
reason.
c. A unit that does not
qualify for the Generic Emissions Unit or Activity Exemption in subparagraph
62-210.300(3)(b)
1., F.A.C., may still be eligble for the Generic Facility Exemption if it meets
the criteria specified in sub-subparagraphs
62-210.300(3)(b)
2.a., and 62-210.300(3)(b)
2.b., F.A.C.
3. 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.
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.
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 annually during
each calendar year (January 1 - December 31).
j. The owner or operator of any facility
claiming this exemption must have authorization to operate by a non-Title 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 Permit. At
the option of the owner or operator, 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.
The owner or operator of any eligible facility who registers to use an air
general permit under either of these rules, and who has not been notified by
the department of ineligibility to use 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., as applicable.
(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 a registration to the Department in
accordance with subsection
62-210.310 (2),
F.A.C.
Notes
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS.
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, 6-29-11, 4-26-17, 7-3-18, 9-29-20, 6-16-21, 6-1-23.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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.
(2) Air Operation Permits. 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. 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 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, Chapters 62-213 (if the facility is a Title V source), and 62-4, F.A.C. All emission limitations, controls, and other requirements imposed by any individual air permit shall be at least as stringent as any 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.
(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:
(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 (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 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 from Permitting. 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 permitting exemption 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 limitation or requirement, unless compliance with such limitation or requirement is specifically listed as a condition of exemption. 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 use, in whole or in part, of the baseline actual-to-projected actual applicability test in Rule 62-212.400, 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 the owner or operator of a facility or emissions unit from complying with any limitation or requirement applicable to such facility or emissions unit.
(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.
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.
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. Incineration of drugs seized by law enforcement, agricultural food products that cannot be transported into the country or across state lines to prevent biocontamination, or animal carcasses may be conducted in an air-permitted incinerator regulated under 40 CFR Part 60, Subparts Cb, Eb, AAAA, BBBB, CCCC, or DDDD, adopted and incorporated by reference in Rule 62-204.800, F.A.C., or as follows:
a. A government agency may own and operate an incinerator that is designed for animal carcass disposal associated with the study, surveillance, or mitigation of animal disease spread, odor control, or related health impacts. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion.
b. A government agency may own and operate an incinerator to dispose of drugs seized by law enforcement, agricultural food products that cannot be transported into the country or across state lines to prevent biocontamination. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion or be a cyclonic burn barrel as defined in 40 CFR 60.2875, adopted and incorporated by reference in Rule 62-204.800, F.A.C.
c. A government agency using an incinerator under sub-subparagraphs 62-210.300(3)(a) 21.a. or b., F.A.C., shall also meet the following requirements:
(I) The incinerator shall not exceed a charging rate of 300 pounds per hour of material;
(II) The owner or operator shall keep records of the amount and type of materials being combusted; and
(III) The incinerator shall comply with the opacity requirements of paragraph 62-296.401(1)(a), F.A.C.
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 and the operation is not subject to the requirements of Rule 62-296.511, F.A.C.
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 located 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., 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. An air curtain incinerator may be used for burning of storm-generated vegetative debris in accordance with the provisions of subsection 62-256.700(8), F.A.C., so long as:
(I) The air curtain incinerator is used in a disaster declaration area;
(II) The air curtain incinerator is used for a period not to exceed eight (8) weeks from the date the unit began operation. If the unit will operate for more than eight (8) weeks, the operator must notify the Department by the end of the eighth week and the notification must identify the start date, a description of the material being burned, a description of the size and design of the unit, and the reasons why the incinerator must be operated for more than eight weeks.
(III) If the operator of the unit submits the required notification as specified in sub-sub-subparagraph 62-210.300(3)(a) 26.c.(II), F.A.C., the unit may be operated for an additional eight (8) weeks, for a total of sixteen (16) weeks.
(IV) If the Department has approved in writing an operator's request to continue operation beyond sixteen (16) weeks, then the operator may continue to operate the incinerator or air curtain incinerator until the date specified in the written approval.
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.
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 refractory-lined 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 Florida Forest Service 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 all the following conditions are met.
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.
b. Such operations are not subject to any unit-specific limitation or requirement.
c. The surface coating operation is not subject to any of the requirements of Rules 62-296.501 through 62-296.515, F.A.C.
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 all the following conditions are met.
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 distribute more than 1.3 million gallons of gasoline in any consecutive twelve (12) months.
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 62-780.700, 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 all the following conditions are met with respect to each such unit.
a. The unit is not subject to the Acid Rain Program or any other unit-specific limitation or 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 is a gas-fired boiler, which, for the purposes of this exemption, is defined as any boiler that burns gaseous fuels not combined with any solid fuels and burns liquid fuel only during periods of gas curtailment, gas supply interruption, startups, or periodic testing of liquid fuel. Periodic testing of liquid fuel shall not exceed a combined total of 48 hours during any calendar year.
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 all the following conditions are met with respect to each such unit.
a. The unit is not subject to the Acid Rain Program, or any other unit-specific limitation or requirement other than any such limitation or requirement that may apply pursuant to 40 C.F.R. Part 63, Subparts DDDDD and JJJJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C.
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.
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 sub-subparagraph 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.
i. If the unit is subject to 40 C.F.R. Part 63, Subpart DDDDD or JJJJJJ, the owner shall comply with all limitations and requirements of Subpart DDDDD or JJJJJJ that apply to the unit.
35. Stationary Reciprocating Internal Combustion Engines, provided all the following conditions are met with respect to each such engine.
a. The engine is not subject to the Acid Rain Program, CAIR Program, or any other unit-specific limitation or requirement other than any such limitation or requirement that may apply pursuant to 40 C.F.R. Part 60, Subpart IIII or JJJJ, or 40 C.F.R Part 63, Subpart ZZZZ, all adopted and incorporated by reference at Rule 62-204.800, F.A.C.
b. The engine shall not burn used oil or any fuels other than natural gas, propane, gasoline, and diesel fuel.
c. Collectively, all engines 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 type of fuel, the collective annual amount of fuel burned by all engines claiming this exemption at the same facility shall not exceed 53, 000 gallons of gasoline, 64, 000 gallons of diesel fuel, 288, 000 gallons of propane, or 8.8 million standard cubic feet of natural gas.
e. If burning more than one type of fuel, the equivalent collective annual amount of each fuel burned by the engines 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 engines claiming this exemption at the same facility to the total amount of such fuel allowed to be burned by all engines claiming this exemption at the same facility pursuant to sub-subparagraph d. The sum of the fuel percentages for all fuels burned by the engines claiming this exemption at the same facility must be less than or equal to 100 percent.
f. If the engine is a stationary compression ignition reciprocating internal combustion engine that is subject to 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by virtue of modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart IIII that apply to the engine.
g. If the engine is a stationary spark ignition reciprocating internal combustion engine that is subject to 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by virtue of modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart JJJJ that apply to the engine.
h. If the engine is a stationary reciprocating internal combustion engine subject to 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the owner or operator shall comply with all limitations and requirements of Subpart ZZZZ that apply to the engine. If emissions testing is required pursuant to Subpart ZZZZ, all reports and notifications, including notifications of upcoming tests, shall be submitted to the Department in accordance with the provisions of Subpart ZZZZ.
36. Printing operations, provided:
a. The facility is not subject to any unit-specific limitation or requirement,
b. The printing operation is not subject to any of the requirements of Rule 62-296.515, F.A.C.
c. The facility shall use less than 667 gallons of materials containing any hazardous air pollutants in any consecutive twelve (12) months; and,
d. 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, clean-up 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.
37. Yard Trash Processing and Recycling facilities, provided that:
a. The facility maintains its Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Recycling Facility pursuant to Chapter 62-709, F.A.C.;
b. The facility complies with the general particulate emissions limiting standards pursuant to subsection 62-296.320(4), F.A.C.; and
c. Open burning is prohibited at the facility.
(b) Generic 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 not be subject to any unit-specific limitation or requirement.
b. 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 create a Title V source.
c. It would neither emit nor have the potential to emit 500 pounds per year or more of lead and lead compounds expressed as lead, 1, 000 pounds per year or more of any hazardous air pollutant, 2, 500 pounds per year or more of total hazardous air pollutants, or 5.0 tons per year or more of any other regulated air pollutant as defined at Rule 62-210.200, F.A.C.
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 pollutant-emitting 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 none of the emissions units and pollutant-emitting activities within the facility, including any proposed new emissions units and activities, is subject to any unit-specific limitation or requirement and the facility meets all of the following criteria.
a. The facility would neither emit nor have the potential to emit 1, 000 pounds per year or more of lead and lead compounds expressed as lead, 1.0 ton per year or more of any hazardous air pollutant, 2.5 tons per year or more of total hazardous air pollutants, 25 tons per year or more of carbon monoxide, nitrogen oxides and sulfur dioxide, or 10 tons per year or more of any other regulated air pollutant as defined at Rule 62-210.200, F.A.C.
b. The facility would neither emit nor have the potential to emit any pollutant in such amount as to create a Title V source, nor would the facility be a Title V source for any other reason.
c. A unit that does not qualify for the Generic Emissions Unit or Activity Exemption in subparagraph 62-210.300(3)(b) 1., F.A.C., may still be eligble for the Generic Facility Exemption if it meets the criteria specified in sub-subparagraphs 62-210.300(3)(b) 2.a., and 62-210.300(3)(b) 2.b., F.A.C.
3. 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.
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.
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 annually during each calendar year (January 1 - December 31).
j. The owner or operator of any facility claiming this exemption must have authorization to operate by a non-Title 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 Permit. At the option of the owner or operator, 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. The owner or operator of any eligible facility who registers to use an air general permit under either of these rules, and who has not been notified by the department of ineligibility to use 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., as applicable.
(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 a registration to the Department in accordance with subsection 62-210.310 (2), F.A.C.
Notes
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS.
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, 6-29-11, 4-26-17, 7-3-18, 9-29-20, 6-16-21, 6-1-23.