Transcript Air General Permits, Exemptions and Clarifying Amendments, DEP

Florida Department of
Environmental Protection
Air General Permits,
Exemptions, and Clarifying
Amendments
Florida DEP, Division of Air Resource Management
October 20, 2010
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
October 20, 2010 1
Welcome
• Sign-in reminder
• On-line webinar
• If you wish to submit written comments
• If you wish to speak
• How the workshop will proceed
• Introduction of DEP staff
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
October 20, 2010
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Agenda
• DEP Presentation:
• Introduction – Larry George
• Chapter 62-210, F.A.C., Exemptions and Clarifying
Amendments – Terri Long and Larry George
• Pause for Questions
• Chapter 62-210, F.A.C., and Chapter 62-213, F.A.C.
Air General Permits – Terri Long
• Comments and Questions:
• Chapter 62-210, F.A.C., proposed changes
• Chapter 62-213, F.A.C., proposed changes
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Rule Development Objectives
• Update the Department’s minor source state permitting program
• Clarify: several definitions, permits required, exemptions, and air
general permits
• Update exemptions pursuant to applicable new or revised EPA
rules
• Update air general permits pursuant to applicable new or revised
EPA rules
• Transfer Title V air general permits to non-Title V air general
permits
• Update air general permit registration forms
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Florida Department of
Environmental Protection
Chapter 62-210, F.A.C.
Stationary Sources – General
Requirements
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Rule 62-210.200 Definitions
(pg 1-3 of draft language)
• “Applicable Requirement”:
• Definition is simplified by referencing Part 70 (40 C.F.R. 70.2)
and limiting its use to purposes of the Title V permitting
program only. “Designated Facility Plan” is added as a Title V
“applicable requirement.”
• “Designated Facility Plan”:
• New definition is added to include all federally approved state
plans under §111(d) of the CAA (analogous to SIP).
• “Emergency Generator”:
• This definition is being deleted. DEP rules will defer to the
federal definition in 40 C.F.R. Part 60, subparts IIII and JJJJ,
and 40 C.F.R. Part 63, subpart ZZZZ.
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Rule 62-210.200 Definitions cont.
(pg 3-4 of draft language)
• “Major Source of Air Pollution” (“Title V Source”):
• The definition is revised to include the federal exemption for
area sources from Title V permitting.
• “Modification”:
• This definition will only be used for the purposes of the
department’s minor source permitting program. The
definition is clarified to be applied to any proposed increase
from past actual to future potential emissions of a regulated
air pollutant. (The department’s intent is that the term “Major
Modification” be separate and distinct.)
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Rule 62-210.200 Definitions cont.
(pg 4-6 of draft language)
• “State Implementation Plan (SIP)”:
• Language is revised to clarify that the SIP includes all plans
and plan revisions approved by the EPA.
• “Unit-Specific Applicable Requirement”:
• Definition is amended to limit its use to purposes of the Title V
permitting program only.
• “Unit-Specific Limitation or Requirement”:
• A new definition is added to apply only to the department’s
minor source air permitting program (non-PSD/NAA air
construction permits, non-Title V air operation permits, air
general permits, and air permitting exemptions )
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Rule 62-210.300 – Permits Required (pg 6-7 of draft language)
• The lead in language for this section is proposed to be
deleted and moved to the appropriate subsection:
• 62-210.300(1) Authorization by Air Construction Permit
• 62-210.300(2) Authorization by Air Operation Permit
• 62-210.300(3) Exemptions
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Subsection 62-210.300(1) Air Construction Permits (AC)
(pg 7-10 of draft language)
Most of this subsection has been restructured to a numerical list
format. Rule citations have been corrected where needed.
• 62-210.300(1)(a): Includes all activities that require a AC permit
(ineligible for exemptions).
• 62-210.300(1)(b): Includes activities that require an AC, but may
be eligible for an exemption.
• 62-210.300(1)(c): Existing language in the previous 62210.300(1)(b), is renumbered.
• 62-210.300(1)(c): Language is added to clarify that a change at a
facility that requires an AC pursuant to 62-210.300(1)(a), can only
be accomplished through an AC.
• 62-210.300(1)(d): New paragraph is added to clarify the
requirement to submit the appropriate AC permit application
form to the department.
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Subsection 62-210.300(2) Air Operation Permits (AO,
AF and AV )
(pg 10-11 of draft language)
• 62-210.300(2): Language is revised to clarify that prior to
expiration of an AO, completion of an activity being done under
an AC, or an activity otherwise provided for under Chapter 62213, an owner or operator shall obtain an initial, renewal or
revised AO or, if eligible, an air general permit.
• 62-210.300(2)(c): New language is added to clarify the
requirement to submit the appropriate AO permit application
form to the department.
• 62-210.300(2)(c): Redundant language is deleted in the “old”
paragraph 62-210.300(2)(c). (Similar language exists at subsection
62-210.300(4))
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Subsection 62-210.300(3) Exemptions
(pg 11-12 of draft language)
62-210.300(3) : The lead-in language for this subsection is revised:
• To reflect that an exemption from air construction permitting is
only available to projects that require an AC pursuant to new
paragraph 62-210.300(1)(b);
• To delete redundant language that is proposed to be moved to
either subsection 62-210.300(1) or paragraph 62-210.300(3)(a); and
• To clarify that claiming one of the exemptions from permitting in
this subsection does not relieve the owner or operator from
compliance with any other limitation or requirement under state
or federal regulations.
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Paragraph 62-210.300(3)(a) Categorical and
Conditional Exemptions
(pg 12 of draft language)
62-210.300(3)(a): The lead-in language for this paragraph is revised:
• To reflect that an exemption from air construction permitting is
only available to projects that require an AC pursuant to new
paragraph 62-210.300(1)(b);
• To clarify that none of the exemptions would apply if the activity
is subject to a unit-specific limitation or requirement unless the
limitation or requirement is specifically listed as a condition of the
individual exemption;
• To delete redundant language (language stating that if the
exemption has a condition, that the condition has to be met). This
is specifically stated in each conditional exemption.
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Paragraph 62-210.300(3)(a) Categorical and
Conditional Exemptions Cont. (pg 12-15 of draft language)
• 62-210.300(3)(a): There are no proposed revisions to the
individual categorical exemptions.
• 62-210.300(3)(a): Language is added (“provided the following
conditions are met”) to several conditional exemptions, to clarify
that ongoing exemption from permitting is dependent on the
individual conditions being met (surface coating operations, bulk
gasoline plants, printing operations).
• 62-210.300(3)(a): The term “unit-specific applicable requirement,”
which is now proposed to be applied only to Title V sources, is
replaced in several conditional exemptions, with the proposed
new term “unit-specific limitation or requirement” to apply to
minor source categories (surface coating operations; fossil fuel
steam generators, hot water generators and other external
combustion heating units; reciprocating internal combustion
engines (RICE) and printing operations).
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Paragraph 62-210.300(3)(a) Categorical and
Conditional Exemptions Cont. (pg 13-14 of draft language)
• 62-210.300(3)(a)30.: For the bulk gasoline plant exemption, the
revisions clarify that the limit on gallons of gas per 12 months is
based on distributed product.
• 62-210.300(3)(a)33., 34., and 35.: References to the Acid Rain and
CAIR programs is being deleted because they are captured under
unit-specific limitation or requirement. (35. is the RICE
exemption, renumbered based on deletion of the emergency
engine exemption)
• 62-210.300(3)(a)35.: The emergency engine exemption is being
deleted. Engines currently under this exemption will be able to
claim exemption under the stationary reciprocating internal
combustion engine (RICE) exemption.
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Paragraph 62-210.300(3)(a) Categorical and
Conditional Exemptions Cont. (pg 14-15 of draft language)
62-210.300(3)(a)35.: The stationary RICE exemption:
• Title of exemption is revised to be consistent with EPA regulations.
• Language is added to clarify that any limitation or requirement
under the federal regulations (Part 60, IIII and JJJJ, and Part 63,
ZZZZ) is not considered a unit-specific limitation or requirement
for purposes of this exemption.
• The collective amount of fuel allowed to be burned on an annual
basis is increased to account for deletion of the emergency
generator exemption and the possibility that a single facility may
currently be using both the emergency engine and general purpose
engine exemptions .
• Language is added to provide that if an engine is subject to one or
more of the federal engine regulations, use of this exemption
requires compliance with the applicable federal regulation.
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Subparagraph 62-210.300(3)(b)
Generic and Temporary Exemptions
(pg 15-16 of draft language)
• 62-210.300(3)(b)1. Generic Emissions Unit or Activity
Exemption:
• The term “unit-specific applicable requirement,” which is now
proposed to be applied to Title V sources only, is replaced, with the
proposed new term “unit-specific limitation or requirement.”
• Language is added to clarify that activities or emissions units
requiring an AC permit pursuant to 62-210.300(1)(a), cannot claim
this exemption.
• The listing of the potential-to-emit limitations is reformatted into
paragraph form to eliminate the use of Roman numerals in the
numbering structure.
• 62-210.300(3)(b)1.d. and e.: Provisions are being deleted because the
exclusions for exemptions are included in the provisions for required
AC permits in 62-210.300(1)(a). Note: The deletion (strikethrough) of
62-210.300(3)(b)1.e., was inadvertently not included in the workshop
draft language.
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Subparagraph 62-210.300(3)(b)
Generic and Temporary Exemptions cont. (pg 16-17 of draft language)
• 62-210.300(3)(b)2. Generic Facility Exemption:
• The term “unit-specific applicable requirement ,” which is now
proposed to be applied to Title V sources only, is replaced, with the
proposed new term “unit-specific limitation or requirement.”
• The term “pollutant emitting activity” is added for consistency with
the generic emissions unit or activity exemption.
• Language is revised to clarify that if there are more than one emissions
units at a facility, each individual emissions unit would not have to
meet the generic emissions unit or activity potential-to-emit thresholds
in 62-210.300(3)(b)1., for the facility to qualify for the generic facility
exemption, so long as the collective potential-to-emit for all the
emissions units at the facility meet the potential-to-emit limit under the
generic facility exemption.
• The listing of the potential-to-emit limitations is reformatted into
paragraph form to eliminate the use of Roman numerals in the
numbering structure.
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Subparagraph 62-210.300(3)(c)
(pg 18 of draft language)
• Conditional Exemption from Title V Air Permitting
• Language is revised to clarify that an asphalt plant
can collocate with, or relocate to a Title V source, If
the asphalt plant is operated under the authority of
the Title V permit.
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Paragraph 62-210.300(4) Authorization by Air General
Permit
(pg 18 of draft language)
• This section is a pointer to the Air General Permits in
Rule 62-210.310.
• Language is revised to clarify that the owner or
operator of a facility can use an air general permit as
long as the facility registers to use the air general
permit and is not notified by the department of
ineligibility to use the air general permit.
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Paragraph 62-210.300(8) Ambient Air Quality
Protection
(pg 18-19 of draft language)
• A new subsection is created to consolidate provisions
related to the department’s responsibility to protect
ambient air quality and enforce other state and federal
air pollution control requirements through the
permitting process. The addition of this subsection
allows for redundant language to be eliminated in
Chapters 62-204 and 62-212. The deletion of the
redundant language in these chapters is being
proposed in a separate rulemaking.
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Florida Department of
Environmental Protection
Questions or Comments?
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Paragraph 62-210.310(1) Air General Permits
Established
(pg 19-20 of draft language)
• 62-210.310(1)(a)2. The term “unit-specific applicable requirement,”
which is now proposed to be applied to Title V sources only, is
replaced with the proposed new term “unit-specific limitation or
requirement.”
• 62-210.310(1)(b) Language is revised to clarify that an owner or
operator of an eligible facility may construct or operate under the
air general permit, so long as they have not been notified by the
department that they are ineligible.
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Paragraph 62-210.310(2) General Procedures
(Air general Permits (AGP))
(pg 20- 23 of draft language)
• 62-210.310(2)(a): Language is revised to clarify that the department, not
the owner or operator, makes the final determination of eligibility.
• 62-210.310(2)(a)1. and 2.: The language is reorganized for ease of reading.
• 62-210.310(2)(a)3.: Language is added to clarify that a facility cannot be
collocated with, or relocated to, a Title V source unless the facility is
operated under the authority of the Title V source.
• 62-210.310(2)(a)4.: Language is added as a pointer to 62-210.310(1)(b),
which includes the registration procedures for AGPs.
• 62-210.310(2)(c)1.: Language is revised, clarifying that an owner or
operator may construct or operate as long as they have not been notified
by the department of ineligibility.
• 62-210.310(2)(e): Language is revised to clarify for substantial equipment
changes, a new and complete registration form must be submitted 30
days prior to making the equipment change.
• There are no proposed changes to 62-210.310(3), General Conditions.
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Paragraph 62-210.310(4) Air General Permits for Facilities
Claiming Conditional Exemption from Title V Air Permitting
(pg 25-28 of draft language)
• For all the source types under this subsection, the term “unitspecific applicable requirement ,” which is now proposed to be
applied to Title V sources only, is replaced with the proposed
new term “unit-specific limitation or requirement” (bulk gasoline
plants, reciprocating internal combustion engines, surface coating
operations, reinforced polyester resin operations, cast polymer
operations and printing operations).
• For reciprocating internal combustion engines, surface coating
operations, reinforced polyester resin operations, cast polymer
operations and printing operations, language is revised to clarify
that if a unit-specific limitation or requirement is specifically
covered by the air general permit, that limitation or requirement
does not preclude use of the air general permit.
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Paragraph 62-210.310(4) Air General Permits for Facilities Claiming
Conditional Exemption from Title V Air Permitting (pg 25-26 of draft language)
• 62-210.310(4)(a)2.: Gasoline bulk plants: Language is revised to
clarify that the throughput rate is based on the quantity of
product distributed.
• 62-210.310(4)(b): Reciprocating internal combustion engines
(RICE): New language is added to clarify the applicability of
federal regulations for RICE, including the following:
• Compliance with 40 C.F.R. 60 Subparts IIII and JJJJ, as applicable.
• Compliance with 40 C.F.R. 63 Subpart ZZZZ, as applicable.
• If subject to Subpart ZZZZ, all notifications of upcoming tests and
reports shall be submitted pursuant to §63.6645, not Rule 62-297.310.
Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop
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Paragraph 62-210.310(5) Air General Permits for
Miscellaneous Facilities
(pg 28-31 of draft language)
• 62-210.310(5)e)3.e.: Nonmetallic mineral processing plants: Language is
revised to clarify that owners and operators of such facilities shall
conduct VE tests annually. The revised language also clarifies that pretest notifications and test results shall be submitted to the department
according to Rule 62-297.310
• 62-210.310(5)(f) through (k): Six new non-Title V air general permits are
added, replacing the department’s six Title V air general permits for the
following source categories:
• Percholorethylene dry cleaners, ethylene oxide sterilizers, halogenated solvent
degreasers, chromium electroplaters, asbestos manufacturers, and secondary
aluminum sweat furnaces.
• These source categories are no longer major sources (Title V) by virtue of their
source type. In December 2005, EPA granted these source categories
exemption from permitting under Part 70. In 2008, the Florida Statutes were
revised accordingly.
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Rule 62-210.920 Registration Forms for Air General
Permits
(pg 32-33 of draft language)
• 62-210.920: Language is added in the lead-in language to provide
access to all of the air general permit registration forms via the
division’s website: www.dep.state.fl.us/air.
• 62-210.920(1) and (2)(a) through (e): All of the air general permit
registration forms are revised to include email address, reorganize
the general contact and facility information, and clarify specific
information needed to determine applicability and compliance
requirements for each source category.
• 62-210.910(2)(f) through (k): Six new air general permit forms are
added to correspond to the six new non-Title V air general
permits which were previously Title V air general permits.
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Florida Department of
Environmental Protection
Chapter 62-213, F.A.C.
Operation Permits for Major Sources of
Air Pollution
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Chapter 62-213
(pg 1-6 of draft language)
• 62-213.202 Responsible Official: Language is revised to amend a
DEP form number citation that will change based on the deletion
of the six Title V air general permit registration forms in Rule 62213.900 (Responsible Official Notification Form is renumbered).
• 62-213.300 Title V Air General Permits: Language revisions
eliminate the six source categories from the Title V air general
permit program (to be re-established as non-Title V air general
permits). For each of the six categories, transitional language is
added in the individual paragraphs that authorizes the user of a
currently registered Title V air general permit to continue to
operate under the corresponding non-Title V air general permit
until the user’s current Title V air general permit entitlement
expires.
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Chapter 62-213
(pg 1-13 of draft language)
• 62-213.300(a) through (f): The following Title V air general
permits are being eliminated (except for transitional language)
and replaced with the corresponding non-Title V air general
permits in 62-210.310(5)(f) through (k):
• Percholorethylene dry cleaners, ethylene oxide sterilizers,
halogenated solvent degreasers, chromium electroplaters, asbestos
manufacturers, and secondary aluminum sweat furnaces.
• 62-213.300(2): The General Procedures for the Title V air
general permits are being deleted.
• 62-213.300(3): The General Conditions for the Title V air general
permits are being deleted.
• 62-213.300(4): The Local Air Program Requirements for the
Title V air general permits are being deleted.
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Chapter 62-213
(pg 13-15 of draft language)
• 62-213.400: Permits and Permit Revisions Required. The
revision in paragraph 62-213.400(2)(a) clarifies that a Title V
permit revision is required with respect to a modification per
40 C.F.R. Part 60 or 61, or a modification or major modification
as defined in Rule 62-210.200.
• 62-213.440: Permit Content. The revision in subparagraph 62213.440(3)(a)3. amends a DEP for number citation, based on
the deletion of the six Title V air general permit registration
forms. (renumbered Statement of Compliance Form)
• 62-213.900: Forms and Instructions. Subsections (forms) 62213.900(2), (3), (4), (5), (6), and (9) are being deleted
(eliminated Title V air general permits). The Statement of
Compliance and Responsible Official Notification Forms are
being renumbered.
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Next Steps
• Comments
• Appreciated throughout process.
• Most helpful if returned by November 10.
• The draft air general permit forms (new and revised) are posted
online and can be found at:
• http://www.floridadep.org/air/rules/air_gp_exempt_amend.htm
• This presentation will be posted online at the link listed above.
• Target date to finalize rule revisions:
• Adopted by end of 1st quarter 2011.
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Comments by November 10, 2010
• Mail to:
Department of Environmental Protection
Division of Air Resource Management, MS-5500
2600 Blair Stone Rd.
Tallahassee, FL 32399-2400
Attn: Lynn Scearce, Rules Coordinator
• Or e-mail to: [email protected] and
[email protected]
• All comments are public records and will be posted on the department’s
website at:
http://www.floridadep.org/air/rules/air_gp_exempt_amend.htm
• To receive updates on this rule development project by e-mail, provide
name, affiliation, and e-mail address to Lynn Scearce at:
[email protected]