Florida Regulations 62-212.500: Preconstruction Review for Nonattainment Areas
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(1) General Prohibitions.
(a) Except as provided in this rule, the Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to a violation of any ambient air quality standard. The Department shall ensure that the combined impact of new emissions, emissions offsets, temporary emissions and existing emissions within any nonattainment area or area of influence shall not interfere with reasonable further progress (RFP) toward attainment of ambient air quality standards.
(b) In an area designated nonattainment pursuant to subsection 62-204.340(2), F.A.C., without an approved State Implementation Plan (SIP) which defines RFP, the Department shall require sufficient emissions offsets to provide a significant net air quality improvement in the affected area pursuant to subFl. Admin. Code R. 62-212.500(4)(d)2.
(c) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.
(2) Applicability.
(a) Project Exemptions.
1. Pollution Control Project Exemption. A pollution control project that is being added, replaced, or used at an existing electric utility steam generating unit and that meets the requirements of 40 C.F.R. § 52.24(f)(5)(iii)(h) shall not be subject to the preconstruction review requirements of this rule.
2. Temporary Clean Coal Technology Demonstration Project Exemption. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration that meets the requirements of 40 C.F.R. § 52.24(f)(5)(iii)(i) shall not be subject to the preconstruction review requirements of this rule.
(b) Fugitive Emissions Exemption. A proposed new facility or modification shall not be subject to the requirements of subsection 62-212.500(4), F.A.C., if:
1. The affected facility would not belong to any of the facility categories listed in the definition of “”Major Stationary Source”” in Fl. Admin. Code R. 62-210.200, or any other facility category which, as of August 7, 1980, is being regulated under 40 C.F.R. § 60 or 40 C.F.R. § 61; and,
2. The facility or modification would be subject to the provisions of subsection 62-212.500(4), F.A.C., only if fugitive emissions, to the extent quantifiable, are considered in determining whether the affected facility would be subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2., if it is or were itself a proposed new facility.
(c) Alternative Fuel or Raw Material Exemption. A modification that is to occur for any of the following reasons shall not be subject to the provisions of subsection 62-212.500(4), F.A.C.:
1. Use of an alternative fuel or raw material by reason of any order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or the Power Plant and Industrial Fuel Use Act of 1978, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act, or
2. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act, or
3. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste, or
4. Use of an alternative fuel or raw material which the facility was capable of accommodating before December 21, 1976 unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, or
5. Use of an alternative fuel or raw material which the facility is approved to use under any permit issued under Rule 17-2.510 (transferred), 17-2.17 (repealed), or 62-212.500, F.A.C.
(d) New and Modified Facilities.
1. New Minor Facilities. A proposed new minor facility shall not be subject to the provisions of subsection 62-212.500(4), F.A.C.
2. New Major Facilities. Unless exempted under paragraph 62-212.500(2)(a) or (b), F.A.C., a proposed new major facility shall be subject to the provisions of subsection 62-212.500(4), F.A.C., if:
a. For the affected pollutant, except lead, the sum of the quantifiable fugitive emissions and the potential emissions of all emissions units at the facility which have the same “”Major Group”” Standard Industrial Classification (SIC) Code would be equal to or greater than 100 tons per year, or
b. For lead or lead compounds, measured as elemental lead, the sum of the quantifiable fugitive emissions and the potential emissions of all emissions units at the facility which have the same “”Major Group”” Standard Industrial Classification (SIC) Code would be equal to or greater than 5 tons per year.
3. Modifications to Minor Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a proposed modification to a minor facility shall be subject to the provisions of subsection 62-212.500(4), F.A.C., only if the modification would be a physical change which in and of itself would constitute a new major facility subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2.
4. Modifications to Major Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a proposed modification to a major facility shall be subject to the provisions of:
a. Subsection 62-212.500(4), F.A.C., if the facility to be modified would be subject to those provisions pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2., if it were itself a proposed new facility and the modification would result in a significant net emissions increase (as set forth in subFl. Admin. Code R. 62-212.500(2)(e)2.) of the affected pollutant, or
b. SubFl. Admin. Code R. 62-212.500(2)(d)3., if the facility to be modified would not be subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2., if it were itself a proposed new facility.
5. Relaxations of Restrictions on Pollutant Emitting Capacity. If a previously permitted facility or modification becomes a facility or modification which would be subject to the provisions of subsection 62-212.500(4), F.A.C., if it were a proposed new facility or modification, solely by virtue of a relaxation in any federally enforceable limitation on the capacity of the facility or modification to emit a pollutant (such as a restriction on hours of operation), which limitation was established after August 7, 1980, then at the time of such relaxation, the provisions of subsection 62-212.500(4), F.A.C., shall apply to the facility or modification as though construction had not yet commenced on it.
(e) Emissions Changes.
1. Net Emissions Increase. A modification to a facility results in a net emissions increase when, for the affected pollutant, the sum of all the contemporaneous, creditable increases and decreases in the actual emissions of the facility, including the increase in emissions of the modification itself, and any increases or decreases in quantifiable fugitive emissions, is greater than zero.
2. Significant Net Emissions Increase. A significant net emissions increase of the affected pollutant is a net emissions increase equal to or greater than the applicable significant emissions rate.
3. Contemporaneous Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is contemporaneous with a particular modification if it occurs within the period beginning five years prior to the date on which the owner or operator of the facility submits a complete application for a permit to modify the facility, and ending on the date on which the owner or operator of the modified facility projects the new or modified facility to begin operation. The date on which any increase in the actual emissions, or in the quantifiable fugitive emissions, of the facility occurs is the date on which the owner or operator of the facility begins, or projects to begin, operation of the emissions unit(s) resulting in the increase. The date on which any decrease in the actual emissions, or in the quantifiable fugitive emissions, of the facility occurs is the date on which the owner or operator of the facility completes, or is committed to complete through a federally enforceable permit condition, a physical change in or change in the method of operation of the facility resulting in the decrease.
4. Creditable Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is creditable if the Department has not relied on it in demonstrating attainment, defining reasonable further progress, or issuing a permit under the provisions of this rule, which permit is in effect when the increase in emissions of the modification occurs. In addition, a decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is creditable only if:
a. The old level of actual emissions, the old level of federally enforceable allowance emissions, or the old level of allowable emissions under Rules 62-296.500 through 62-296.516, 62-296.570, 62-296.600 through 62-296.605, or 62-296.700 through 62-296.712, F.A.C., whichever is lower, exceeds the new level of actual emissions;
b. It is federally enforceable on and after the date that the owner or operator obtains from the Department a permit for the modification; and,
c. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase in emissions of the modification.
(f) Pollutants Subject to Nonattainment-Area Preconstruction Review. Except for the statewide compliance provisions of Fl. Admin. Code R. 62-212.500(4)(c), the provisions of this rule apply only to the emissions of the affected pollutant. For ozone nonattainment areas classified as marginal or higher, the provisions of Fl. Admin. Code R. 62-212.500, apply individually to the emissions of both volatile organic compounds (VOC) and nitrogen oxides (NOx).
1. Nonattainment Areas. The provisions of this rule apply to all new or modified emissions units or facilities which are located in or are proposed to be located in any nonattainment area, and which emit or may emit the affected air pollutant, unless specifically exempted by a provision of this rule.
2. Areas of Influence of Nonattainment Areas. The provisions of this rule apply to any new or modified emissions unit or facility which is located in or is proposed to be located in the area of influence of any nonattainment area, and which emits or may emit the affected air pollutant, as though it were physically located in the nonattainment area, except as provided under sub-subparagraph 62-212.500(2)(a)2.a. or b., below.
a. All VOC and NOx emissions units which are located within the area of influence of an ozone nonattainment area are exempt from the provisions of Fl. Admin. Code R. 62-212.500, and shall be permitted in accordance with Rule 62-212.400, or 62-212.300, F.A.C.
b. All other new or modified emissions units or facilities located in or proposed to be located in an area of influence which would be subject to the provisions of Fl. Admin. Code R. 62-212.500, if they were to be located within the nonattainment area, shall be subject to those provisions unless the owner or operator demonstrates to the Department that the maximum allowable emissions or the significant net increase in emissions of the proposed new or modified facility (not taking into account any emission offsets) will not have a significant impact within the nonattainment area.
(3) Limited Exemptions and Special Provisions.
(a) Temporary Emissions. A proposed temporary new or modified emissions unit or facility subject to the provisions of subsection 62-212.500(4), F.A.C., shall be exempt from the requirements of paragraphs 62-212.500(4)(c) and (4)(d), F.A.C., provided that:
1. Total operating time of the emissions unit or facility shall not exceed two years; and,
2. The owner or operator has provided the Department with reasonable assurance that the emissions will not interfere with attainment of ambient air quality standards.
(b) Relocatable Facilities. A relocatable facility may be permitted in accordance with Fl. Admin. Code R. 62-212.500(3)(a), and be permitted to relocate within the nonattainment area or area of influence by amendment to the facility’s operating permit provided that:
1. The owner or operator obtains an amendment to the operating permit prior to moving to the new location, identifying the new location and duration of operation at the new location; and,
2. The federally enforceable allowable emissions would not be increased at the new location.
(c) Resource Recovery Projects. A resource recovery facility which processes municipal solid waste for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse, and which utilizes solid waste to provide more than 50 percent of the heat input needed to operate the facility shall be exempt from the provisions of subFl. Admin. Code R. 62-212.500(8)(d)1., provided that:
1. The applicant demonstrates to the Department that the applicant has made its best effort to obtain the full emission offsets required and such efforts were unsuccessful; and,
2. The applicant commits to continuing to seek the required emission offsets and to apply them when they become available; and,
3. The applicant has secured all available offsets.
(d) Voluntary Fuel Conversions. (Reserved)
(e) (Reserved)
(f) Open Burning. Open burning in or near a nonattainment area shall be permitted in accordance with the provisions of Fl. Admin. Code Chapter 62-256, Open Burning and Frost Protection Fires.
(4) Preconstruction Review Requirements. Except as provided in subsections 62-212.500(1) through (3), F.A.C., the Department shall not issue a permit to construct a new facility or to make a modification to a facility in a nonattainment area or an area of influence unless the following requirements have been met:
(a) LAER Requirement. The owner or operator of the proposed new or modified facility may limit the emissions of the affected air pollutant from the facility or modification through the application and employment of LAER. The procedure for determining LAER is set forth in subsection 62-212.500(7), F.A.C.
(b) Statewide Compliance Requirement for Multiple Facility Ownership. The owner or operator of the proposed new or modified facility shall demonstrate to the Department that all major facilities owned or operated by such person(s) or by any entity controlling, controlled by, or under common control with such person within the State of Florida have all required air permits and are in compliance with all applicable emission limitations or other permit conditions, or are on a schedule approved by the Department for compliance with such requirements.
(c) Emissions Offset Requirements. The Department shall not issue any permit to construct any new facility or to make any modification to a facility unless sufficient, creditable emission offsets are obtained in accordance with subsection 62-212.500(5), F.A.C.
(d) Net Air Quality Improvement Requirement.
1. Nonattainment Areas with Approved SIP.
a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and NOx offsets are not required.
b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered to be consistent with the achievement of reasonable further progress.
c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, carbon monoxide, or lead would equal or exceed the increase of emissions from the proposed new facility or modification and would provide a net air quality improvement in accordance with Fl. Admin. Code R. 62-212.500(6)(a)
2. Nonattainment Areas without Approved SIP.
a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and NOx offsets are not required.
b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered to be consistent with the achievement of reasonable further progress.
c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, carbon monoxide, or lead would exceed the increase of emissions from the new facility or modification and would provide a significant net air quality improvement in accordance with Fl. Admin. Code R. 62-212.500(6)(b)
(e) Visibility Protection for Class I Areas.
1. Visibility Analysis and Monitoring. If the proposed new or modified facility would be subject to the preconstruction review requirements of Fl. Admin. Code R. 62-212.400, for the affected pollutant but for the designation of the location of the facility as a nonattainment area, the following provisions apply:
a. The owner or operator of the proposed new or modified facility shall provide the Department with an analysis of the impairment to visibility, if any, which would occur in any Federal Class I area within 100 kilometers of the facility or modification, with the exception of the Bradwell Bay National Wilderness Area, as a result of emissions from the facility or modification. (Federal Class I areas are designated in Fl. Admin. Code R. 62-204.360(4)(b))
b. The analysis required under sub-subFl. Admin. Code R. 62-212.500(4)(e)1.a., shall be carried out using EPA-approved methods, if available.
c. The Department may require the owner or operator of a proposed facility or modification subject to the provisions of sub-subFl. Admin. Code R. 62-212.500(4)(e)1.a., to include as part of the required analysis such visibility monitoring data as are available from Federal or State visibility monitoring programs in the affected Class I area. If such data are not available or are demonstrated to be inadequate for a visibility analysis, the Department may require the applicant to collect up to one year of preconstruction visibility monitoring data and such postconstruction visibility monitoring data as are necessary to analyze the effect that emissions from the facility or modification may have, or are having, on visibility in the affected Class I area.
2. Federal Land Manager Participation.
a. The Federal Land Manager of any lands contained in a Class I area which may be affected by emissions from the proposed facility or modification, with the exception of the Bradwell Bay National Wilderness Area, may demonstrate to the Department that the emissions from the proposed facility or modification would have an adverse impact on visibility in the Federal Class I area.
b. If this demonstration is received by the Department within thirty (30) days after the Department has mailed or transmitted to the Federal Land Manager a complete application pursuant to Fl. Admin. Code R. 62-210.350(2)(b), it shall be considered in the Department’s preliminary determination and proposed agency action on the permit application. If this demonstration is received within the public comment period on the Department’s proposed agency action, it shall be considered in the Department’s final determination and final agency action on the permit application.
c. If the Department finds that the Federal Land Manager’s analysis does not demonstrate to the Department’s satisfaction that an adverse impact on visibility would occur in the Class I area, a written explanation of the reasons for such finding shall be included in the Department’s preliminary or final determination as provided in sub-subFl. Admin. Code R. 62-212.500(4)(e)2.b. In making the decision to issue or deny the permit, the Department may take into account the Federal Land Manager’s demonstration, the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful life of the emissions unit. The Department shall not issue permits over the Federal Land Manager’s demonstration of adverse impact to those emissions units whose emissions will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of visibility in visibility protection areas, which impairment results from manmade air pollution.
(f) Stack Height Policy Requirement. The owner or operator of the proposed new or modified facility shall provide to the Department a good-engineering-practice stack height, or other dispersion techniques, analysis to demonstrate compliance with Fl. Admin. Code R. 62-212.550
(g) Alternative Analysis Requirement. The owner or operator of the proposed new or modified facility shall provide an analysis of alternative sites, sizes, production processes, and environmental control techniques. The owner or operator shall demonstrate to the Department that the benefits of the proposed new or modified facility outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
(5) Emission Offsets.
(a) Emission Offsets Required. If a proposed new facility or modification is subject to the requirements of subsection 62-212.500(4), F.A.C., the owner or operator of such facility shall obtain sufficient, creditable emission offsets. Emission offsets shall be considered sufficient if they provide for a net air quality improvement in accordance with Fl. Admin. Code R. 62-212.500(4)(d) The creditability of emission offsets is determined by applying the criteria set forth below in pargraph 62-212.500(5)(b), F.A.C.
(b) Creditable Emission Offsets.
1. Emissions of an air pollutant shall only be offset by emissions of the same air pollutant.
2. An emissions offset shall be computed on a mass emission basis and shall not exceed the base emission limit of the emissions unit providing the offset.
3. An emission offset may be obtained by the curtailment of production or operation hours of an offsetting emissions unit provided such curtailment is included as an enforceable provision in the operating permit that is issued to the offsetting emissions unit.
4. Emission offsets for PM10 , sulfur dioxide, carbon monoxide, or lead shall be provided only by emissions units located within the nonattainment area or area of influence within which the proposed new or modified emissions unit would be located.
5. Emission offsets for VOC or NOx shall be provided by emissions units located within the ozone nonattainment area in which the proposed new or modified emissions unit would be located or within another ozone nonattainment area provided:
a. The other area has an equal or higher nonattainment classification than the area in which the proposed new or modified emissions unit would be located; and,
b. Emissions from such other area contribute to violations of the ozone ambient air quality standard in the nonattainment area in which the proposed new or modified emissions unit would be located.
6. For an existing fuel combustion emissions unit, credit shall be based on the emissions for the type of fuel being burned at the time the application to construct is filed for the emissions unit to which an emission offset will be provided. If the existing emissions unit commits to switch to a cleaner fuel to provide the offset, emission offset credit based on the difference in actual emissions for the fuels involved shall not be creditable unless the existing emissions unit’s permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the emissions unit switch back to a dirtier fuel at some later date.
7. Emissions reductions achieved by shutting down an existing emissions unit or permanently curtailing production or operating hours below base emission limit levels may be creditable for offsets. Curtailments in production or operating hours occurring prior to the date the new emissions unit application is filed may be used for emission offset credit where an applicant can establish that the emissions unit shut down or curtailed production after December 31, 1990, and the proposed new emissions unit is a replacement for the shutdown or curtailment.
8. All emission reductions providing offset credit shall be federally enforceable.
9. An emission offset shall be creditable only to the extent that the Department has not relied on it in issuing any permit under Rule 17-2.510 (transferred), 17-2.520 (transferred), 17-2.17 (repealed), 62-212.300, 62-212.400, or 62-212.500, F.A.C., or in demonstrating attainment or reasonable further progress.
(c) Base Emission Limit Adjustments. Any emissions unit which has its permit modified to provide offsets to another emissions unit or facility shall have its base emission limit reduced accordingly.
(6) Net Air Quality Improvement.
(a) Net Air Quality Improvement. A net air quality improvement shall be presumed if:
1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or modified facility, the emissions unit(s) providing the emissions offset and all other emissions units contributing to the availability of new emissions unit allowance, the sum of the maximum increases subtracted from the sum of the absolute values of the maximum decreases in the predicted ambient concentration of the affected pollutant within the nonattainment area, divided by the total number of receptor points within the nonattainment area, would be greater than zero annual average; and,
2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered in subFl. Admin. Code R. 62-212.500(7)(a)1., would exceed the numerical value of any Class II maximum allowable increase established under Fl. Admin. Code R. 62-204.260, provided that such values that have an averaging time of less than one year may be exceeded once per year at any receptor point.
(b) Significant Net Air Quality Improvement. A significant net air quality improvement shall be presumed if:
1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or modified facility and the emissions unit(s) providing the emissions offset, the sum of the maximum increases subtracted from the sum of the absolute values of the maximum decreases in the predicted ambient concentration of the affected pollutant within the nonattainment area, divided by the total number of receptor points within the nonattainment area, would be greater than one microgram per cubic meter annual average; and,
2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered in subFl. Admin. Code R. 62-212.500(7)(b)1., would exceed the numerical value of any Class II maximum allowable increase established under Fl. Admin. Code R. 62-204.260, provided that such values that have an averaging time of less than one year may be exceeded once per year at any receptor point.
(7) Lowest Achievable Emission Rate (LAER).
(a) Basis of Determination. Except as provided in subsections 62-212.500(1) through (4), F.A.C., any person who proposes to construct a new emissions unit or to make a modification in a nonattainment area or area of influence shall, in its construction permit application, apply to the Department for a determination of the Lowest Achievable Emission Rate (LAER) that is applicable to the affected pollutant emission that would result from the operation of the proposed new or modified emissions unit. In such application, the applicant shall recommend a determination of LAER setting forth the basis for such determination. In making the LAER determination, the Department shall give consideration to and make a determination that reflects:
1. Any information published by the U.S. Environmental Protection Agency pursuant to Section 108 of the Clean Air Act, as required by Section 178 of the Act concerning determinations of LAER.
2. The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of emissions unit, unless the owner or operator of the proposed emissions unit demonstrates that such limitation is not achievable, or the most stringent emissions limitation which is achieved in practice by such class or category of emissions unit, whichever is more stringent.
3. All scientific, engineering, technical material, or other relevant information available to the Department.
(b) Limitation Regarding Environmental Protection Agency Standards of Performance for New Stationary Sources. In no event shall the determination of LAER allow the proposed new or modified emissions unit to emit any affected pollutant in excess of the amount allowable under any applicable Environmental Protection Agency Standard of Performance for New Stationary Sources, promulgated pursuant to 40 C.F.R. part 60, and adopted and incorporated by reference in Fl. Admin. Code R. 62-204.800
(c) Phased Construction Projects. For phased construction projects, the determination of LAER shall be reviewed and modified as necessary, through the permitting process, at the latest reasonable time not later than 18 months prior to commencement of construction of each independent phase of the project. At that time, the owner or operator of the facility shall be required to demonstrate the adequacy of any previous Department demonstration of LAER or propose a revision to such previous determination.
(8) Construction/Operation Permit Requirement.
(a) Permit Application Information Required. At a minimum, the owner or operator of the facility or modification shall provide the following information to the Department:
1. A description of the nature, location, design capacity and typical operating schedule of the facility or modification, including specifications and drawings showing its design and plant layout,
2. A detailed schedule for construction of the facility or modification,
3. A detailed description of the system of continuous emissions reductions proposed by the facility as LAER, emissions estimates, and any other information as necessary to determine that LAER would be applied to the facility or modification,
4. Information relating to the air quality impact of the facility or modification, including meteorological and topographical data necessary to estimate such impact.
(b) Permit Offset Identification.
1. If the proposed new facility or modification is required to have emission offsets, any construction or operation permit issued for such facility or modification shall specifically identify and quantify the amount of offset required and identify the emissions unit(s) providing the required emissions offset. Such identification shall include ownership, unit designation, location, effective date of offset, and other permit identification data.
2. Before any permit is issued for the new or modified facility, the operation permit of each offsetting emissions unit shall be revised to specifically identify and quantify the new maximum allowable emission limits for each such emissions unit, the amount of offset provided, and the facility or modification to which such emissions offset is provided. The identification of the facility or modification to which an emissions offset is provided shall include ownership, unit designation, location, effective date of offset, and other permit identification data.
(c) Construction Permits. Any construction permit issued pursuant to this rule shall contain all conditions and provisions necessary to insure that the construction and operation of the facility or modification shall be in accordance with the requirements of this rule.
(d) Operation Permits.
1. All required emission offsets shall have occurred prior to the issuance of any operation permit.
2. Any operation permit issued for a facility or modification shall include all operating conditions and provisions required under Rule 17-2.17 (repealed) or Fl. Admin. Code R. 62-212.500(8)(c), and set forth in the original or amended construction permit. This provision shall apply as long as the nonattainment area for which the original or amended construction permit was issued is designated as a nonattainment area under subsection 62-204.340(2), F.A.C., or as an air quality maintenance area under subsection 62-204.340(4), F.A.C.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History-Formerly 17-2.510, Amended 2-2-93, Formerly 17-212.500, Amended 11-23-94, 1-1-96, 3-13-96, 2-2-06.
Terms Used In Florida Regulations 62-212.500
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
(b) In an area designated nonattainment pursuant to subsection 62-204.340(2), F.A.C., without an approved State Implementation Plan (SIP) which defines RFP, the Department shall require sufficient emissions offsets to provide a significant net air quality improvement in the affected area pursuant to subFl. Admin. Code R. 62-212.500(4)(d)2.
(c) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.
(2) Applicability.
(a) Project Exemptions.
1. Pollution Control Project Exemption. A pollution control project that is being added, replaced, or used at an existing electric utility steam generating unit and that meets the requirements of 40 C.F.R. § 52.24(f)(5)(iii)(h) shall not be subject to the preconstruction review requirements of this rule.
2. Temporary Clean Coal Technology Demonstration Project Exemption. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration that meets the requirements of 40 C.F.R. § 52.24(f)(5)(iii)(i) shall not be subject to the preconstruction review requirements of this rule.
(b) Fugitive Emissions Exemption. A proposed new facility or modification shall not be subject to the requirements of subsection 62-212.500(4), F.A.C., if:
1. The affected facility would not belong to any of the facility categories listed in the definition of “”Major Stationary Source”” in Fl. Admin. Code R. 62-210.200, or any other facility category which, as of August 7, 1980, is being regulated under 40 C.F.R. § 60 or 40 C.F.R. § 61; and,
2. The facility or modification would be subject to the provisions of subsection 62-212.500(4), F.A.C., only if fugitive emissions, to the extent quantifiable, are considered in determining whether the affected facility would be subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2., if it is or were itself a proposed new facility.
(c) Alternative Fuel or Raw Material Exemption. A modification that is to occur for any of the following reasons shall not be subject to the provisions of subsection 62-212.500(4), F.A.C.:
1. Use of an alternative fuel or raw material by reason of any order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or the Power Plant and Industrial Fuel Use Act of 1978, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act, or
2. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act, or
3. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste, or
4. Use of an alternative fuel or raw material which the facility was capable of accommodating before December 21, 1976 unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, or
5. Use of an alternative fuel or raw material which the facility is approved to use under any permit issued under Rule 17-2.510 (transferred), 17-2.17 (repealed), or 62-212.500, F.A.C.
(d) New and Modified Facilities.
1. New Minor Facilities. A proposed new minor facility shall not be subject to the provisions of subsection 62-212.500(4), F.A.C.
2. New Major Facilities. Unless exempted under paragraph 62-212.500(2)(a) or (b), F.A.C., a proposed new major facility shall be subject to the provisions of subsection 62-212.500(4), F.A.C., if:
a. For the affected pollutant, except lead, the sum of the quantifiable fugitive emissions and the potential emissions of all emissions units at the facility which have the same “”Major Group”” Standard Industrial Classification (SIC) Code would be equal to or greater than 100 tons per year, or
b. For lead or lead compounds, measured as elemental lead, the sum of the quantifiable fugitive emissions and the potential emissions of all emissions units at the facility which have the same “”Major Group”” Standard Industrial Classification (SIC) Code would be equal to or greater than 5 tons per year.
3. Modifications to Minor Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a proposed modification to a minor facility shall be subject to the provisions of subsection 62-212.500(4), F.A.C., only if the modification would be a physical change which in and of itself would constitute a new major facility subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2.
4. Modifications to Major Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a proposed modification to a major facility shall be subject to the provisions of:
a. Subsection 62-212.500(4), F.A.C., if the facility to be modified would be subject to those provisions pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2., if it were itself a proposed new facility and the modification would result in a significant net emissions increase (as set forth in subFl. Admin. Code R. 62-212.500(2)(e)2.) of the affected pollutant, or
b. SubFl. Admin. Code R. 62-212.500(2)(d)3., if the facility to be modified would not be subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subFl. Admin. Code R. 62-212.500(2)(d)2., if it were itself a proposed new facility.
5. Relaxations of Restrictions on Pollutant Emitting Capacity. If a previously permitted facility or modification becomes a facility or modification which would be subject to the provisions of subsection 62-212.500(4), F.A.C., if it were a proposed new facility or modification, solely by virtue of a relaxation in any federally enforceable limitation on the capacity of the facility or modification to emit a pollutant (such as a restriction on hours of operation), which limitation was established after August 7, 1980, then at the time of such relaxation, the provisions of subsection 62-212.500(4), F.A.C., shall apply to the facility or modification as though construction had not yet commenced on it.
(e) Emissions Changes.
1. Net Emissions Increase. A modification to a facility results in a net emissions increase when, for the affected pollutant, the sum of all the contemporaneous, creditable increases and decreases in the actual emissions of the facility, including the increase in emissions of the modification itself, and any increases or decreases in quantifiable fugitive emissions, is greater than zero.
2. Significant Net Emissions Increase. A significant net emissions increase of the affected pollutant is a net emissions increase equal to or greater than the applicable significant emissions rate.
3. Contemporaneous Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is contemporaneous with a particular modification if it occurs within the period beginning five years prior to the date on which the owner or operator of the facility submits a complete application for a permit to modify the facility, and ending on the date on which the owner or operator of the modified facility projects the new or modified facility to begin operation. The date on which any increase in the actual emissions, or in the quantifiable fugitive emissions, of the facility occurs is the date on which the owner or operator of the facility begins, or projects to begin, operation of the emissions unit(s) resulting in the increase. The date on which any decrease in the actual emissions, or in the quantifiable fugitive emissions, of the facility occurs is the date on which the owner or operator of the facility completes, or is committed to complete through a federally enforceable permit condition, a physical change in or change in the method of operation of the facility resulting in the decrease.
4. Creditable Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is creditable if the Department has not relied on it in demonstrating attainment, defining reasonable further progress, or issuing a permit under the provisions of this rule, which permit is in effect when the increase in emissions of the modification occurs. In addition, a decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is creditable only if:
a. The old level of actual emissions, the old level of federally enforceable allowance emissions, or the old level of allowable emissions under Rules 62-296.500 through 62-296.516, 62-296.570, 62-296.600 through 62-296.605, or 62-296.700 through 62-296.712, F.A.C., whichever is lower, exceeds the new level of actual emissions;
b. It is federally enforceable on and after the date that the owner or operator obtains from the Department a permit for the modification; and,
c. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase in emissions of the modification.
(f) Pollutants Subject to Nonattainment-Area Preconstruction Review. Except for the statewide compliance provisions of Fl. Admin. Code R. 62-212.500(4)(c), the provisions of this rule apply only to the emissions of the affected pollutant. For ozone nonattainment areas classified as marginal or higher, the provisions of Fl. Admin. Code R. 62-212.500, apply individually to the emissions of both volatile organic compounds (VOC) and nitrogen oxides (NOx).
1. Nonattainment Areas. The provisions of this rule apply to all new or modified emissions units or facilities which are located in or are proposed to be located in any nonattainment area, and which emit or may emit the affected air pollutant, unless specifically exempted by a provision of this rule.
2. Areas of Influence of Nonattainment Areas. The provisions of this rule apply to any new or modified emissions unit or facility which is located in or is proposed to be located in the area of influence of any nonattainment area, and which emits or may emit the affected air pollutant, as though it were physically located in the nonattainment area, except as provided under sub-subparagraph 62-212.500(2)(a)2.a. or b., below.
a. All VOC and NOx emissions units which are located within the area of influence of an ozone nonattainment area are exempt from the provisions of Fl. Admin. Code R. 62-212.500, and shall be permitted in accordance with Rule 62-212.400, or 62-212.300, F.A.C.
b. All other new or modified emissions units or facilities located in or proposed to be located in an area of influence which would be subject to the provisions of Fl. Admin. Code R. 62-212.500, if they were to be located within the nonattainment area, shall be subject to those provisions unless the owner or operator demonstrates to the Department that the maximum allowable emissions or the significant net increase in emissions of the proposed new or modified facility (not taking into account any emission offsets) will not have a significant impact within the nonattainment area.
(3) Limited Exemptions and Special Provisions.
(a) Temporary Emissions. A proposed temporary new or modified emissions unit or facility subject to the provisions of subsection 62-212.500(4), F.A.C., shall be exempt from the requirements of paragraphs 62-212.500(4)(c) and (4)(d), F.A.C., provided that:
1. Total operating time of the emissions unit or facility shall not exceed two years; and,
2. The owner or operator has provided the Department with reasonable assurance that the emissions will not interfere with attainment of ambient air quality standards.
(b) Relocatable Facilities. A relocatable facility may be permitted in accordance with Fl. Admin. Code R. 62-212.500(3)(a), and be permitted to relocate within the nonattainment area or area of influence by amendment to the facility’s operating permit provided that:
1. The owner or operator obtains an amendment to the operating permit prior to moving to the new location, identifying the new location and duration of operation at the new location; and,
2. The federally enforceable allowable emissions would not be increased at the new location.
(c) Resource Recovery Projects. A resource recovery facility which processes municipal solid waste for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse, and which utilizes solid waste to provide more than 50 percent of the heat input needed to operate the facility shall be exempt from the provisions of subFl. Admin. Code R. 62-212.500(8)(d)1., provided that:
1. The applicant demonstrates to the Department that the applicant has made its best effort to obtain the full emission offsets required and such efforts were unsuccessful; and,
2. The applicant commits to continuing to seek the required emission offsets and to apply them when they become available; and,
3. The applicant has secured all available offsets.
(d) Voluntary Fuel Conversions. (Reserved)
(e) (Reserved)
(f) Open Burning. Open burning in or near a nonattainment area shall be permitted in accordance with the provisions of Fl. Admin. Code Chapter 62-256, Open Burning and Frost Protection Fires.
(4) Preconstruction Review Requirements. Except as provided in subsections 62-212.500(1) through (3), F.A.C., the Department shall not issue a permit to construct a new facility or to make a modification to a facility in a nonattainment area or an area of influence unless the following requirements have been met:
(a) LAER Requirement. The owner or operator of the proposed new or modified facility may limit the emissions of the affected air pollutant from the facility or modification through the application and employment of LAER. The procedure for determining LAER is set forth in subsection 62-212.500(7), F.A.C.
(b) Statewide Compliance Requirement for Multiple Facility Ownership. The owner or operator of the proposed new or modified facility shall demonstrate to the Department that all major facilities owned or operated by such person(s) or by any entity controlling, controlled by, or under common control with such person within the State of Florida have all required air permits and are in compliance with all applicable emission limitations or other permit conditions, or are on a schedule approved by the Department for compliance with such requirements.
(c) Emissions Offset Requirements. The Department shall not issue any permit to construct any new facility or to make any modification to a facility unless sufficient, creditable emission offsets are obtained in accordance with subsection 62-212.500(5), F.A.C.
(d) Net Air Quality Improvement Requirement.
1. Nonattainment Areas with Approved SIP.
a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and NOx offsets are not required.
b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered to be consistent with the achievement of reasonable further progress.
c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, carbon monoxide, or lead would equal or exceed the increase of emissions from the proposed new facility or modification and would provide a net air quality improvement in accordance with Fl. Admin. Code R. 62-212.500(6)(a)
2. Nonattainment Areas without Approved SIP.
a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and NOx offsets are not required.
b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered to be consistent with the achievement of reasonable further progress.
c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, carbon monoxide, or lead would exceed the increase of emissions from the new facility or modification and would provide a significant net air quality improvement in accordance with Fl. Admin. Code R. 62-212.500(6)(b)
(e) Visibility Protection for Class I Areas.
1. Visibility Analysis and Monitoring. If the proposed new or modified facility would be subject to the preconstruction review requirements of Fl. Admin. Code R. 62-212.400, for the affected pollutant but for the designation of the location of the facility as a nonattainment area, the following provisions apply:
a. The owner or operator of the proposed new or modified facility shall provide the Department with an analysis of the impairment to visibility, if any, which would occur in any Federal Class I area within 100 kilometers of the facility or modification, with the exception of the Bradwell Bay National Wilderness Area, as a result of emissions from the facility or modification. (Federal Class I areas are designated in Fl. Admin. Code R. 62-204.360(4)(b))
b. The analysis required under sub-subFl. Admin. Code R. 62-212.500(4)(e)1.a., shall be carried out using EPA-approved methods, if available.
c. The Department may require the owner or operator of a proposed facility or modification subject to the provisions of sub-subFl. Admin. Code R. 62-212.500(4)(e)1.a., to include as part of the required analysis such visibility monitoring data as are available from Federal or State visibility monitoring programs in the affected Class I area. If such data are not available or are demonstrated to be inadequate for a visibility analysis, the Department may require the applicant to collect up to one year of preconstruction visibility monitoring data and such postconstruction visibility monitoring data as are necessary to analyze the effect that emissions from the facility or modification may have, or are having, on visibility in the affected Class I area.
2. Federal Land Manager Participation.
a. The Federal Land Manager of any lands contained in a Class I area which may be affected by emissions from the proposed facility or modification, with the exception of the Bradwell Bay National Wilderness Area, may demonstrate to the Department that the emissions from the proposed facility or modification would have an adverse impact on visibility in the Federal Class I area.
b. If this demonstration is received by the Department within thirty (30) days after the Department has mailed or transmitted to the Federal Land Manager a complete application pursuant to Fl. Admin. Code R. 62-210.350(2)(b), it shall be considered in the Department’s preliminary determination and proposed agency action on the permit application. If this demonstration is received within the public comment period on the Department’s proposed agency action, it shall be considered in the Department’s final determination and final agency action on the permit application.
c. If the Department finds that the Federal Land Manager’s analysis does not demonstrate to the Department’s satisfaction that an adverse impact on visibility would occur in the Class I area, a written explanation of the reasons for such finding shall be included in the Department’s preliminary or final determination as provided in sub-subFl. Admin. Code R. 62-212.500(4)(e)2.b. In making the decision to issue or deny the permit, the Department may take into account the Federal Land Manager’s demonstration, the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful life of the emissions unit. The Department shall not issue permits over the Federal Land Manager’s demonstration of adverse impact to those emissions units whose emissions will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of visibility in visibility protection areas, which impairment results from manmade air pollution.
(f) Stack Height Policy Requirement. The owner or operator of the proposed new or modified facility shall provide to the Department a good-engineering-practice stack height, or other dispersion techniques, analysis to demonstrate compliance with Fl. Admin. Code R. 62-212.550
(g) Alternative Analysis Requirement. The owner or operator of the proposed new or modified facility shall provide an analysis of alternative sites, sizes, production processes, and environmental control techniques. The owner or operator shall demonstrate to the Department that the benefits of the proposed new or modified facility outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
(5) Emission Offsets.
(a) Emission Offsets Required. If a proposed new facility or modification is subject to the requirements of subsection 62-212.500(4), F.A.C., the owner or operator of such facility shall obtain sufficient, creditable emission offsets. Emission offsets shall be considered sufficient if they provide for a net air quality improvement in accordance with Fl. Admin. Code R. 62-212.500(4)(d) The creditability of emission offsets is determined by applying the criteria set forth below in pargraph 62-212.500(5)(b), F.A.C.
(b) Creditable Emission Offsets.
1. Emissions of an air pollutant shall only be offset by emissions of the same air pollutant.
2. An emissions offset shall be computed on a mass emission basis and shall not exceed the base emission limit of the emissions unit providing the offset.
3. An emission offset may be obtained by the curtailment of production or operation hours of an offsetting emissions unit provided such curtailment is included as an enforceable provision in the operating permit that is issued to the offsetting emissions unit.
4. Emission offsets for PM10 , sulfur dioxide, carbon monoxide, or lead shall be provided only by emissions units located within the nonattainment area or area of influence within which the proposed new or modified emissions unit would be located.
5. Emission offsets for VOC or NOx shall be provided by emissions units located within the ozone nonattainment area in which the proposed new or modified emissions unit would be located or within another ozone nonattainment area provided:
a. The other area has an equal or higher nonattainment classification than the area in which the proposed new or modified emissions unit would be located; and,
b. Emissions from such other area contribute to violations of the ozone ambient air quality standard in the nonattainment area in which the proposed new or modified emissions unit would be located.
6. For an existing fuel combustion emissions unit, credit shall be based on the emissions for the type of fuel being burned at the time the application to construct is filed for the emissions unit to which an emission offset will be provided. If the existing emissions unit commits to switch to a cleaner fuel to provide the offset, emission offset credit based on the difference in actual emissions for the fuels involved shall not be creditable unless the existing emissions unit’s permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the emissions unit switch back to a dirtier fuel at some later date.
7. Emissions reductions achieved by shutting down an existing emissions unit or permanently curtailing production or operating hours below base emission limit levels may be creditable for offsets. Curtailments in production or operating hours occurring prior to the date the new emissions unit application is filed may be used for emission offset credit where an applicant can establish that the emissions unit shut down or curtailed production after December 31, 1990, and the proposed new emissions unit is a replacement for the shutdown or curtailment.
8. All emission reductions providing offset credit shall be federally enforceable.
9. An emission offset shall be creditable only to the extent that the Department has not relied on it in issuing any permit under Rule 17-2.510 (transferred), 17-2.520 (transferred), 17-2.17 (repealed), 62-212.300, 62-212.400, or 62-212.500, F.A.C., or in demonstrating attainment or reasonable further progress.
(c) Base Emission Limit Adjustments. Any emissions unit which has its permit modified to provide offsets to another emissions unit or facility shall have its base emission limit reduced accordingly.
(6) Net Air Quality Improvement.
(a) Net Air Quality Improvement. A net air quality improvement shall be presumed if:
1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or modified facility, the emissions unit(s) providing the emissions offset and all other emissions units contributing to the availability of new emissions unit allowance, the sum of the maximum increases subtracted from the sum of the absolute values of the maximum decreases in the predicted ambient concentration of the affected pollutant within the nonattainment area, divided by the total number of receptor points within the nonattainment area, would be greater than zero annual average; and,
2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered in subFl. Admin. Code R. 62-212.500(7)(a)1., would exceed the numerical value of any Class II maximum allowable increase established under Fl. Admin. Code R. 62-204.260, provided that such values that have an averaging time of less than one year may be exceeded once per year at any receptor point.
(b) Significant Net Air Quality Improvement. A significant net air quality improvement shall be presumed if:
1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or modified facility and the emissions unit(s) providing the emissions offset, the sum of the maximum increases subtracted from the sum of the absolute values of the maximum decreases in the predicted ambient concentration of the affected pollutant within the nonattainment area, divided by the total number of receptor points within the nonattainment area, would be greater than one microgram per cubic meter annual average; and,
2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered in subFl. Admin. Code R. 62-212.500(7)(b)1., would exceed the numerical value of any Class II maximum allowable increase established under Fl. Admin. Code R. 62-204.260, provided that such values that have an averaging time of less than one year may be exceeded once per year at any receptor point.
(7) Lowest Achievable Emission Rate (LAER).
(a) Basis of Determination. Except as provided in subsections 62-212.500(1) through (4), F.A.C., any person who proposes to construct a new emissions unit or to make a modification in a nonattainment area or area of influence shall, in its construction permit application, apply to the Department for a determination of the Lowest Achievable Emission Rate (LAER) that is applicable to the affected pollutant emission that would result from the operation of the proposed new or modified emissions unit. In such application, the applicant shall recommend a determination of LAER setting forth the basis for such determination. In making the LAER determination, the Department shall give consideration to and make a determination that reflects:
1. Any information published by the U.S. Environmental Protection Agency pursuant to Section 108 of the Clean Air Act, as required by Section 178 of the Act concerning determinations of LAER.
2. The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of emissions unit, unless the owner or operator of the proposed emissions unit demonstrates that such limitation is not achievable, or the most stringent emissions limitation which is achieved in practice by such class or category of emissions unit, whichever is more stringent.
3. All scientific, engineering, technical material, or other relevant information available to the Department.
(b) Limitation Regarding Environmental Protection Agency Standards of Performance for New Stationary Sources. In no event shall the determination of LAER allow the proposed new or modified emissions unit to emit any affected pollutant in excess of the amount allowable under any applicable Environmental Protection Agency Standard of Performance for New Stationary Sources, promulgated pursuant to 40 C.F.R. part 60, and adopted and incorporated by reference in Fl. Admin. Code R. 62-204.800
(c) Phased Construction Projects. For phased construction projects, the determination of LAER shall be reviewed and modified as necessary, through the permitting process, at the latest reasonable time not later than 18 months prior to commencement of construction of each independent phase of the project. At that time, the owner or operator of the facility shall be required to demonstrate the adequacy of any previous Department demonstration of LAER or propose a revision to such previous determination.
(8) Construction/Operation Permit Requirement.
(a) Permit Application Information Required. At a minimum, the owner or operator of the facility or modification shall provide the following information to the Department:
1. A description of the nature, location, design capacity and typical operating schedule of the facility or modification, including specifications and drawings showing its design and plant layout,
2. A detailed schedule for construction of the facility or modification,
3. A detailed description of the system of continuous emissions reductions proposed by the facility as LAER, emissions estimates, and any other information as necessary to determine that LAER would be applied to the facility or modification,
4. Information relating to the air quality impact of the facility or modification, including meteorological and topographical data necessary to estimate such impact.
(b) Permit Offset Identification.
1. If the proposed new facility or modification is required to have emission offsets, any construction or operation permit issued for such facility or modification shall specifically identify and quantify the amount of offset required and identify the emissions unit(s) providing the required emissions offset. Such identification shall include ownership, unit designation, location, effective date of offset, and other permit identification data.
2. Before any permit is issued for the new or modified facility, the operation permit of each offsetting emissions unit shall be revised to specifically identify and quantify the new maximum allowable emission limits for each such emissions unit, the amount of offset provided, and the facility or modification to which such emissions offset is provided. The identification of the facility or modification to which an emissions offset is provided shall include ownership, unit designation, location, effective date of offset, and other permit identification data.
(c) Construction Permits. Any construction permit issued pursuant to this rule shall contain all conditions and provisions necessary to insure that the construction and operation of the facility or modification shall be in accordance with the requirements of this rule.
(d) Operation Permits.
1. All required emission offsets shall have occurred prior to the issuance of any operation permit.
2. Any operation permit issued for a facility or modification shall include all operating conditions and provisions required under Rule 17-2.17 (repealed) or Fl. Admin. Code R. 62-212.500(8)(c), and set forth in the original or amended construction permit. This provision shall apply as long as the nonattainment area for which the original or amended construction permit was issued is designated as a nonattainment area under subsection 62-204.340(2), F.A.C., or as an air quality maintenance area under subsection 62-204.340(4), F.A.C.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History-Formerly 17-2.510, Amended 2-2-93, Formerly 17-212.500, Amended 11-23-94, 1-1-96, 3-13-96, 2-2-06.