Florida Regulations 62-213.440: Permit Content
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(1) Standard Permit Requirements. Each permit issued under this chapter shall incorporate all applicable requirements for the Title V source and for each method of operation proposed by the applicant and approved by the Department. Each such permit shall include all emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements, with citation to the Department’s rule authority for each term or condition, and identification of any difference in form from the applicable requirement upon which the term or condition is based. However, when there are multiple, redundant, or conflicting applicable requirements, these provisions can be reduced to a single streamlined term or condition that is the most stringent of the multiple applicable requirements. In addition, the Department shall label permit terms or conditions “”not federally enforceable”” consistent with 40 C.F.R. § 70.6(b)(2), adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800 Emissions units or pollutant-emitting activities within a Title V source determined to be insignificant pursuant to subsection 62-213.430(6), F.A.C., shall be identified. Whenever any condition or requirement of a Title V permit is added, changed, or deleted during the term of the permit, any such previous condition shall be documented with the permit for the duration of the term and any such new or changed condition shall include a condition effective date.
(a) Permit Duration. Permits for sources subject to the Federal Acid Rain Program shall be issued for terms of five years, provided that the initial Acid Rain Part may be issued for a term less than five years where necessary to coordinate the term of such part with the term of a Title V permit to be issued to the source. Operation permits for Title V sources may not be extended as provided in subsection 62-4.080(3), F.A.C., if such extension will result in a permit term greater than five years.
(b) Monitoring and Related Recordkeeping and Reporting Requirements.
1. Each permit shall specify the following requirements with respect to monitoring:
a. Emissions monitoring and analysis procedures or test methods specified by applicable requirements including 40 C.F.R. § 64, Compliance Assurance Monitoring, adopted and incorporated by reference at subsection 62-204.800, F.A.C.;
b. Periodic monitoring sufficient to yield reliable data from the relevant time period and that are representative of the source’s compliance with the permit, as required by 40 C.F.R. § 70.6(a)(3)(i)(B), adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800 Periodic monitoring shall assure use of recordkeeping terms, test methods, units, averaging periods, or other statistical conventions consistent with the applicable requirement, as specified in subsection 62-213.440(4), F.A.C.; and,
c. Requirements concerning the use, maintenance, and installation of monitoring equipment or methods.
2. The permit shall incorporate all applicable recordkeeping requirements including:
a. Records of monitoring information that specify the date, place, and time of sampling or measurement and the operating conditions at the time of sampling or measurement, the date(s) analyses were performed, the company or entity that performed the analyses, the analytical techniques or methods used, and the results of such analyses,
b. Retention of records of all monitoring data and support information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.
3. Each permit shall incorporate reporting requirements as follows:
a. The permittee shall monitor compliance with the terms and conditions of this permit and shall submit reports at least every 6 months. Each semi-annual report shall cover the 6-month periods of January 1 – June 30 and July 1 – December 31. The reports shall be submitted by the 60th day following the end of each calendar half (i.e., March 1st and August 29th of every year). All instances of deviations from permit requirements (including conditions in the referenced Appendices) must be clearly identified in such reports. If there are no deviations during the reporting period, the report shall indicate no deviation.
b. Reporting, in accordance with requirements of subsection 62-210.700(5), and Fl. Admin. Code R. 62-4.130, of deviations from permit requirements, including those attributable to upset conditions as defined in the permit. Reports shall include the probable cause of such deviations, and any corrective actions or preventive measures taken.
c. All reports shall be accompanied by a certification by a responsible official, pursuant to subsection 62-213.420(4), F.A.C.
(c) Emission Allowances. The Acid Rain Part of a Title V permit shall include a permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under the Federal Acid Rain Program. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
1. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Federal Acid Rain Program, provided that such increases do not require a permit revision pursuant to Fl. Admin. Code R. 62-213.400
2. No limit shall be placed on the number of allowances held by the source under the Federal Acid Rain Program.
3. Allowances shall be accounted for under the Federal Acid Rain Program.
(d) In addition to the requirements stated above, each Title V permit shall include all of the following:
1. A statement that if any portion of the final permit is invalidated, the remainder of the permit shall remain in effect,
2. Identification of fugitive emissions and source-wide emissions in the same manner as stack emissions, regardless of whether or not the Title V source is specifically listed in paragraph (b), of the definition of major source of air pollution at Fl. Admin. Code R. 62-210.200,
3. A statement that it shall not be a defense for a permittee in an enforcement action that maintaining compliance with any permit condition would necessitate halting of or reduction of the source activity,
4. A statement that any Title V source shall comply with all the terms and conditions of the existing permit until the Department has taken final action on any permit renewal or any requested permit revision, except as provided at subsection 62-213.412(2), F.A.C.,
5. A statement that a situation arising from sudden and unforeseeable events beyond the control of the source which causes an exceedance of a technology-based emissions limitation because of unavoidable increases in emissions attributable to the situation and which requires immediate corrective action to restore normal operation, shall be an affirmative defense to an enforcement action in accordance with the provisions and requirements of 40 C.F.R. § 70.6(g)(2) and (3), hereby adopted and incorporated by reference,
6. A statement that any permittee may claim confidentiality of any data or other information by complying with subsection 62-213.420(2), F.A.C.
(2) Compliance Requirements. For each applicable requirement for which one or more units within a source is not in compliance at the time of application for any permit, permit renewal or permit revision, and for which that unit has not come into compliance at the date of issuance of the draft permit, the draft permit shall contain:
(a) A provision that the source shall meet measurable and enforceable milestones on no less than a semiannual basis until compliance is achieved and demonstrated to the Department. Each source shall notify the Department in writing, within 15 days after the date specified for completion of each milestone, to include the achievement of compliance, of progress achieved, requirements met, requirements not met, corrective measures adopted and an explanation of any measures not met by the completion date for the milestone or for compliance. All reports shall be accompanied by a certification, signed by a responsible official, in accordance with subsection 62-213.420(4), F.A.C.
(b) A provision requiring the source to be in compliance by the date specified in the permit.
(3) Statement of Compliance.
(a) For each applicable requirement, the permit shall contain:
1. A provision for assessing or monitoring compliance for each unit within the source,
2. A requirement that the source submit a Statement of Compliance with all terms and conditions of the permit that includes all the provisions of 40 C.F.R. § 70.6(c)(5)(iii), incorporated by reference at Fl. Admin. Code R. 62-204.800 Such statements shall be accompanied by certification in accordance with subsection 62-213.420(4), F.A.C., for Title V requirements, and with Fl. Admin. Code R. 62-214.350, for Acid Rain requirements. Such statement shall be submitted (postmarked) to the Department and EPA:
a. Annually, within 60 days after the end of each calendar year during which the Title V permit was effective, or more frequently if specified by subsection 62-213.440(2), F.A.C., or by any other applicable requirement; and,
b. Within 60 days after submittal of a written agreement for transfer of responsibility as required pursuant to 40 C.F.R. § 70.7(d)(1)(iv), adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800, or within 60 days after permanent shutdown of a facility permitted under this chapter; provided that, in either such case, the reporting period shall be the portion of the calendar year the permit was effective up to the date of transfer of responsibility or permanent facility shutdown, as applicable,
3. In lieu of requiring a responsible official to individually identify all applicable requirements and specify times of compliance with, noncompliance with, and deviation from each, a provision that a responsible official may use the Statement of Compliance Form (DEP Form No 62-213.440), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12777), effective April, 2021, as such statement of compliance so long as the responsible official specifically identifies all reportable deviations from and all instances of non-compliance with any applicable requirements and includes all information required by the federal regulation relating to each reportable deviation and instance of non-compliance.
(b) For purposes of the Statement of Compliance required at Fl. Admin. Code R. 62-213.440(3)(a), a responsible official may treat compliance with all other applicable requirements as a surrogate for compliance with subsection 62-296.320(2), F.A.C., Objectionable Odor Prohibited.
(4) Periodic Monitoring.
(a) Periodic monitoring sufficient to satisfy the requirements of sub-subFl. Admin. Code R. 62-213.440(1)(b)1.b., shall assure the use of recordkeeping terms, test methods, units, averaging periods, or other statistical conventions which yield reliable data and are consistent with the applicable requirement, representative of the emissions unit’s actual performance, and sufficient to indicate whether the unit remains in compliance. All periodic monitoring data must be retained in accordance with sub-subFl. Admin. Code R. 62-213.440(1)(b)2.b. When existing reporting, recordkeeping and testing requirements yield reliable data that are both representative of the unit’s actual performance and sufficient to indicate whether the unit remains in compliance with an applicable requirement, additional periodic monitoring shall not be required for that applicable requirement.
(b) Monitoring performed pursuant to any of the following satisfies periodic monitoring for that applicable requirement:
1. Emission limitations or standards proposed and promulgated by the U.S. Environmental Protection Agency after November 15, 1990, pursuant to section 111 or 112 of the Clean Air Act. The emission limitations or standards include:
a. 40 C.F.R. § 60 (New Source Performance Standards and Emission Guidelines for Existing Sources),
b. 40 C.F.R. § 61 (National Emission Standards for Hazardous Air Pollutants); and,
c. 40 C.F.R. § 63 (National Emission Standards for Hazardous Air Pollutants),
2. Acid Rain Program requirements pursuant to sections 404, 405, 406, 407(a), 407(b), or 410 of the Clean Air Act. The requirements include continuous monitoring system requirements established pursuant to 40 C.F.R. § 75;
3. Emission limits or standards for which monitoring requirements are established pursuant to 40 C.F.R. § 64 (Compliance Assurance Monitoring);
4. Emission limitations or standards for which a Title V permit specifies a continuous compliance determination method, as defined in 40 C.F.R. § 64.1, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800, unless such compliance method includes an assumed control device emission reduction factor that could be affected by the actual operation and maintenance of the control device.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History-New 11-28-93, Amended 4-17-94, Formerly 17-213.440, Amended 11-23-94, 4-18-95, 3-13-96, 3-20-96, 11-13-97, 4-7-98, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10, 6-29-11, 4-8-21.
Terms Used In Florida Regulations 62-213.440
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) Monitoring and Related Recordkeeping and Reporting Requirements.
1. Each permit shall specify the following requirements with respect to monitoring:
a. Emissions monitoring and analysis procedures or test methods specified by applicable requirements including 40 C.F.R. § 64, Compliance Assurance Monitoring, adopted and incorporated by reference at subsection 62-204.800, F.A.C.;
b. Periodic monitoring sufficient to yield reliable data from the relevant time period and that are representative of the source’s compliance with the permit, as required by 40 C.F.R. § 70.6(a)(3)(i)(B), adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800 Periodic monitoring shall assure use of recordkeeping terms, test methods, units, averaging periods, or other statistical conventions consistent with the applicable requirement, as specified in subsection 62-213.440(4), F.A.C.; and,
c. Requirements concerning the use, maintenance, and installation of monitoring equipment or methods.
2. The permit shall incorporate all applicable recordkeeping requirements including:
a. Records of monitoring information that specify the date, place, and time of sampling or measurement and the operating conditions at the time of sampling or measurement, the date(s) analyses were performed, the company or entity that performed the analyses, the analytical techniques or methods used, and the results of such analyses,
b. Retention of records of all monitoring data and support information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.
3. Each permit shall incorporate reporting requirements as follows:
a. The permittee shall monitor compliance with the terms and conditions of this permit and shall submit reports at least every 6 months. Each semi-annual report shall cover the 6-month periods of January 1 – June 30 and July 1 – December 31. The reports shall be submitted by the 60th day following the end of each calendar half (i.e., March 1st and August 29th of every year). All instances of deviations from permit requirements (including conditions in the referenced Appendices) must be clearly identified in such reports. If there are no deviations during the reporting period, the report shall indicate no deviation.
b. Reporting, in accordance with requirements of subsection 62-210.700(5), and Fl. Admin. Code R. 62-4.130, of deviations from permit requirements, including those attributable to upset conditions as defined in the permit. Reports shall include the probable cause of such deviations, and any corrective actions or preventive measures taken.
c. All reports shall be accompanied by a certification by a responsible official, pursuant to subsection 62-213.420(4), F.A.C.
(c) Emission Allowances. The Acid Rain Part of a Title V permit shall include a permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under the Federal Acid Rain Program. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
1. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Federal Acid Rain Program, provided that such increases do not require a permit revision pursuant to Fl. Admin. Code R. 62-213.400
2. No limit shall be placed on the number of allowances held by the source under the Federal Acid Rain Program.
3. Allowances shall be accounted for under the Federal Acid Rain Program.
(d) In addition to the requirements stated above, each Title V permit shall include all of the following:
1. A statement that if any portion of the final permit is invalidated, the remainder of the permit shall remain in effect,
2. Identification of fugitive emissions and source-wide emissions in the same manner as stack emissions, regardless of whether or not the Title V source is specifically listed in paragraph (b), of the definition of major source of air pollution at Fl. Admin. Code R. 62-210.200,
3. A statement that it shall not be a defense for a permittee in an enforcement action that maintaining compliance with any permit condition would necessitate halting of or reduction of the source activity,
4. A statement that any Title V source shall comply with all the terms and conditions of the existing permit until the Department has taken final action on any permit renewal or any requested permit revision, except as provided at subsection 62-213.412(2), F.A.C.,
5. A statement that a situation arising from sudden and unforeseeable events beyond the control of the source which causes an exceedance of a technology-based emissions limitation because of unavoidable increases in emissions attributable to the situation and which requires immediate corrective action to restore normal operation, shall be an affirmative defense to an enforcement action in accordance with the provisions and requirements of 40 C.F.R. § 70.6(g)(2) and (3), hereby adopted and incorporated by reference,
6. A statement that any permittee may claim confidentiality of any data or other information by complying with subsection 62-213.420(2), F.A.C.
(2) Compliance Requirements. For each applicable requirement for which one or more units within a source is not in compliance at the time of application for any permit, permit renewal or permit revision, and for which that unit has not come into compliance at the date of issuance of the draft permit, the draft permit shall contain:
(a) A provision that the source shall meet measurable and enforceable milestones on no less than a semiannual basis until compliance is achieved and demonstrated to the Department. Each source shall notify the Department in writing, within 15 days after the date specified for completion of each milestone, to include the achievement of compliance, of progress achieved, requirements met, requirements not met, corrective measures adopted and an explanation of any measures not met by the completion date for the milestone or for compliance. All reports shall be accompanied by a certification, signed by a responsible official, in accordance with subsection 62-213.420(4), F.A.C.
(b) A provision requiring the source to be in compliance by the date specified in the permit.
(3) Statement of Compliance.
(a) For each applicable requirement, the permit shall contain:
1. A provision for assessing or monitoring compliance for each unit within the source,
2. A requirement that the source submit a Statement of Compliance with all terms and conditions of the permit that includes all the provisions of 40 C.F.R. § 70.6(c)(5)(iii), incorporated by reference at Fl. Admin. Code R. 62-204.800 Such statements shall be accompanied by certification in accordance with subsection 62-213.420(4), F.A.C., for Title V requirements, and with Fl. Admin. Code R. 62-214.350, for Acid Rain requirements. Such statement shall be submitted (postmarked) to the Department and EPA:
a. Annually, within 60 days after the end of each calendar year during which the Title V permit was effective, or more frequently if specified by subsection 62-213.440(2), F.A.C., or by any other applicable requirement; and,
b. Within 60 days after submittal of a written agreement for transfer of responsibility as required pursuant to 40 C.F.R. § 70.7(d)(1)(iv), adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800, or within 60 days after permanent shutdown of a facility permitted under this chapter; provided that, in either such case, the reporting period shall be the portion of the calendar year the permit was effective up to the date of transfer of responsibility or permanent facility shutdown, as applicable,
3. In lieu of requiring a responsible official to individually identify all applicable requirements and specify times of compliance with, noncompliance with, and deviation from each, a provision that a responsible official may use the Statement of Compliance Form (DEP Form No 62-213.440), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12777), effective April, 2021, as such statement of compliance so long as the responsible official specifically identifies all reportable deviations from and all instances of non-compliance with any applicable requirements and includes all information required by the federal regulation relating to each reportable deviation and instance of non-compliance.
(b) For purposes of the Statement of Compliance required at Fl. Admin. Code R. 62-213.440(3)(a), a responsible official may treat compliance with all other applicable requirements as a surrogate for compliance with subsection 62-296.320(2), F.A.C., Objectionable Odor Prohibited.
(4) Periodic Monitoring.
(a) Periodic monitoring sufficient to satisfy the requirements of sub-subFl. Admin. Code R. 62-213.440(1)(b)1.b., shall assure the use of recordkeeping terms, test methods, units, averaging periods, or other statistical conventions which yield reliable data and are consistent with the applicable requirement, representative of the emissions unit’s actual performance, and sufficient to indicate whether the unit remains in compliance. All periodic monitoring data must be retained in accordance with sub-subFl. Admin. Code R. 62-213.440(1)(b)2.b. When existing reporting, recordkeeping and testing requirements yield reliable data that are both representative of the unit’s actual performance and sufficient to indicate whether the unit remains in compliance with an applicable requirement, additional periodic monitoring shall not be required for that applicable requirement.
(b) Monitoring performed pursuant to any of the following satisfies periodic monitoring for that applicable requirement:
1. Emission limitations or standards proposed and promulgated by the U.S. Environmental Protection Agency after November 15, 1990, pursuant to section 111 or 112 of the Clean Air Act. The emission limitations or standards include:
a. 40 C.F.R. § 60 (New Source Performance Standards and Emission Guidelines for Existing Sources),
b. 40 C.F.R. § 61 (National Emission Standards for Hazardous Air Pollutants); and,
c. 40 C.F.R. § 63 (National Emission Standards for Hazardous Air Pollutants),
2. Acid Rain Program requirements pursuant to sections 404, 405, 406, 407(a), 407(b), or 410 of the Clean Air Act. The requirements include continuous monitoring system requirements established pursuant to 40 C.F.R. § 75;
3. Emission limits or standards for which monitoring requirements are established pursuant to 40 C.F.R. § 64 (Compliance Assurance Monitoring);
4. Emission limitations or standards for which a Title V permit specifies a continuous compliance determination method, as defined in 40 C.F.R. § 64.1, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800, unless such compliance method includes an assumed control device emission reduction factor that could be affected by the actual operation and maintenance of the control device.
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History-New 11-28-93, Amended 4-17-94, Formerly 17-213.440, Amended 11-23-94, 4-18-95, 3-13-96, 3-20-96, 11-13-97, 4-7-98, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10, 6-29-11, 4-8-21.