Florida Regulations 62-213.430: Permit Issuance, Renewal, and Revision
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(1) Action on Application. The Department shall issue a draft permit or a determination that the requested permit be denied within 90 days after receipt of the latest of: the application; the last item of information requested pursuant to Fl. Admin. Code R. 62-213.420(1)(b); or, a written request to process the application without the requested information. If written comments received during the 30-day comment period result in a substantial change in this draft permit, the Department shall issue a revised draft permit within 45 days after the end of the 30-day public comment period, unless a different time period is agreed to between the applicant and the Department. A substantial change in a draft permit has the same meaning as “”substantially modified”” under subFl. Admin. Code R. 62-110.106(7)(a)4. The Department shall issue a permit, permit revision or renewal only after all of the following conditions have been met:
(a) The applicant has submitted a complete application, properly certified by a responsible official as required by subsection 62-213.420(4), F.A.C., and either all corrected and supplemental information requested or a written request to process the application without such information pursuant to subFl. Admin. Code R. 62-213.420(1)(b)3.;
(b) The Department and the applicant have complied with the requirements for notice and public participation described in Rules 62-103.150 and 62-210.350, F.A.C.;
(c) The Department has complied with the requirements for notifying and responding to affected states and approved local air programs pursuant to subsections 62-213.450(2) and (3), F.A.C.;
(d) The Department has provided EPA with a copy of the draft permit, proposed permit and any notices required under subsections 62-213.450(1) and (2), F.A.C., and has not received written EPA objection to issuance of the permit within the time period specified in subsection 62-213.450(4), F.A.C. If the Department receives timely EPA objection, the Department shall not take final action until the Department receives written notice that the objection is resolved or withdrawn;
(e) The Department has provided a statement to EPA setting forth the basis for the draft permit conditions, including references to the applicable statutory or regulatory provisions.
(2) Permit Denial. If the Department proposes to deny the permit application, the Department shall provide the applicant an explanation of the denial in accordance with subsection 62-4.070(6), F.A.C.
(3) Permit Renewal and Expiration. Permits being renewed are subject to the same requirements that apply to permit issuance at the time of application for renewal. Permit renewal applications shall contain that information identified in subsections 62-210.900(1), 62-213.420(3), 62-213.420(6), and 62-213.420(7), F.A.C. Unless a Title V source submits a timely and complete application for permit renewal in accordance with the requirements of this rule, the existing permit shall expire and the source’s right to operate shall terminate. No Title V permit will be issued for a new term except through the renewal process.
(4) Permit Revision Procedures. Permit revisions shall meet all requirements of this chapter, including those for content of applications, public participation, review by approved local air programs and affected States, and review by EPA, as they apply to permit issuance and permit renewal, except that permit revisions for those activities implemented pursuant to Fl. Admin. Code R. 62-213.412, need not meet the requirements of Fl. Admin. Code R. 62-213.430(1)(b) The Department shall require permit revision in accordance with the provisions of Fl. Admin. Code R. 62-4.080, and 40 C.F.R. § 70.7(f), whenever any source becomes subject to any condition listed at 40 C.F.R. § 70.7(f)(1), hereby adopted and incorporated by reference.
(5) EPA Recommended Actions. Within 90 days after receipt of notification from EPA that cause exists to modify, suspend, or revoke a permit, the Department shall investigate and determine whether cause exists pursuant to 40 C.F.R. § 70.7(f)(1), hereby adopted and incorporated by reference, and shall forward the determination to EPA. If cause exists, the Department shall proceed according to the requirements of Rule 62-4.080 or 62-4.100, F.A.C., and 40 C.F.R. § 70.7(f) to modify, suspend, or revoke the permit.
(6) Insignificant Emissions Units or Pollutant-Emitting Activities.
(a) All requests for determination of insignificant emissions units or activities made pursuant to Fl. Admin. Code R. 62-213.420(3)(n), shall be processed in conjunction with the permit, permit renewal or permit revision application submitted pursuant to this chapter. Insignificant emissions units or activities shall be approved by the Department consistent with the provisions of Fl. Admin. Code R. 62-4.040(1)(b) Emissions units or activities which are added to a Title V source after issuance of a permit under this chapter shall be incorporated into the permit at its next renewal, provided such emissions units or activities have been exempted from the requirement to obtain an air construction permit and also qualify as insignificant pursuant to this rule.
(b) An emissions unit or activity shall be considered insignificant if all of the following criteria are met:
1. Such unit or activity would be subject to no unit-specific applicable requirement.
2. Such unit or activity, in combination with other units and activities proposed as insignificant, would not cause the facility to exceed any major source threshold(s) as defined in subFl. Admin. Code R. 62-213.420(3)(c)1., unless it is acknowledged in the permit application that such units or activities would cause the facility to exceed such threshold(s).
3. Such unit or activity would neither emit nor have the potential to emit:
a. 500 pounds per year or more of lead and lead compounds expressed as lead,
b. 1,000 pounds per year or more of any hazardous air pollutant,
c. 2,500 pounds per year or more of total hazardous air pollutants, or
d. 5.0 tons per year or more of any other regulated pollutant.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History-New 11-28-93, Formerly 17-213.430, Amended 11-23-94, 3-20-96, 11-13-97, 2-11-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08.
(b) The Department and the applicant have complied with the requirements for notice and public participation described in Rules 62-103.150 and 62-210.350, F.A.C.;
(c) The Department has complied with the requirements for notifying and responding to affected states and approved local air programs pursuant to subsections 62-213.450(2) and (3), F.A.C.;
(d) The Department has provided EPA with a copy of the draft permit, proposed permit and any notices required under subsections 62-213.450(1) and (2), F.A.C., and has not received written EPA objection to issuance of the permit within the time period specified in subsection 62-213.450(4), F.A.C. If the Department receives timely EPA objection, the Department shall not take final action until the Department receives written notice that the objection is resolved or withdrawn;
(e) The Department has provided a statement to EPA setting forth the basis for the draft permit conditions, including references to the applicable statutory or regulatory provisions.
(2) Permit Denial. If the Department proposes to deny the permit application, the Department shall provide the applicant an explanation of the denial in accordance with subsection 62-4.070(6), F.A.C.
(3) Permit Renewal and Expiration. Permits being renewed are subject to the same requirements that apply to permit issuance at the time of application for renewal. Permit renewal applications shall contain that information identified in subsections 62-210.900(1), 62-213.420(3), 62-213.420(6), and 62-213.420(7), F.A.C. Unless a Title V source submits a timely and complete application for permit renewal in accordance with the requirements of this rule, the existing permit shall expire and the source’s right to operate shall terminate. No Title V permit will be issued for a new term except through the renewal process.
(4) Permit Revision Procedures. Permit revisions shall meet all requirements of this chapter, including those for content of applications, public participation, review by approved local air programs and affected States, and review by EPA, as they apply to permit issuance and permit renewal, except that permit revisions for those activities implemented pursuant to Fl. Admin. Code R. 62-213.412, need not meet the requirements of Fl. Admin. Code R. 62-213.430(1)(b) The Department shall require permit revision in accordance with the provisions of Fl. Admin. Code R. 62-4.080, and 40 C.F.R. § 70.7(f), whenever any source becomes subject to any condition listed at 40 C.F.R. § 70.7(f)(1), hereby adopted and incorporated by reference.
(5) EPA Recommended Actions. Within 90 days after receipt of notification from EPA that cause exists to modify, suspend, or revoke a permit, the Department shall investigate and determine whether cause exists pursuant to 40 C.F.R. § 70.7(f)(1), hereby adopted and incorporated by reference, and shall forward the determination to EPA. If cause exists, the Department shall proceed according to the requirements of Rule 62-4.080 or 62-4.100, F.A.C., and 40 C.F.R. § 70.7(f) to modify, suspend, or revoke the permit.
(6) Insignificant Emissions Units or Pollutant-Emitting Activities.
(a) All requests for determination of insignificant emissions units or activities made pursuant to Fl. Admin. Code R. 62-213.420(3)(n), shall be processed in conjunction with the permit, permit renewal or permit revision application submitted pursuant to this chapter. Insignificant emissions units or activities shall be approved by the Department consistent with the provisions of Fl. Admin. Code R. 62-4.040(1)(b) Emissions units or activities which are added to a Title V source after issuance of a permit under this chapter shall be incorporated into the permit at its next renewal, provided such emissions units or activities have been exempted from the requirement to obtain an air construction permit and also qualify as insignificant pursuant to this rule.
(b) An emissions unit or activity shall be considered insignificant if all of the following criteria are met:
1. Such unit or activity would be subject to no unit-specific applicable requirement.
2. Such unit or activity, in combination with other units and activities proposed as insignificant, would not cause the facility to exceed any major source threshold(s) as defined in subFl. Admin. Code R. 62-213.420(3)(c)1., unless it is acknowledged in the permit application that such units or activities would cause the facility to exceed such threshold(s).
3. Such unit or activity would neither emit nor have the potential to emit:
a. 500 pounds per year or more of lead and lead compounds expressed as lead,
b. 1,000 pounds per year or more of any hazardous air pollutant,
c. 2,500 pounds per year or more of total hazardous air pollutants, or
d. 5.0 tons per year or more of any other regulated pollutant.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History-New 11-28-93, Formerly 17-213.430, Amended 11-23-94, 3-20-96, 11-13-97, 2-11-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08.