(1) Applicability. The requirements of this rule apply to all waste-to-energy facilities with charging rates of 40 tons per day or more. For those facilities subject to this rule and Fl. Admin. Code R. 62-204.800(9)(b), the mercury emissions limiting standards in this rule shall apply in place of the less restrictive mercury emission limiting standard set forth at Fl. Admin. Code R. 62-204.800(9)(b) However, the mercury percent reduction standard (85 percent) in Fl. Admin. Code R. 62-204.800(9)(b), shall apply in place of the less restrictive mercury percent reduction standard (80 percent) set forth in this rule.

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    (2) Relationship to Best Available Control Technology. The emission limitations in this rule supersede any less stringent emission limitations including those based on a best available control technology (BACT) determination made pursuant to Fl. Admin. Code R. 62-212.400, or 40 C.F.R. § 52.21. The application of BACT shall not result in emissions of any air contaminant which exceeds the emission limits set forth in this rule.
    (3) Mercury Emissions Limiting Standards. Waste-to-energy facilities subject to the requirements of this rule shall comply with the mercury emission limiting standards of paragraph 62-296.416(3)(a) or (b), F.A.C., depending on whether the facility chooses to control mercury emissions through the use of post-combustion control equipment designed to remove mercury from flue gases or mercury waste separation, respectively. Facilities choosing to control mercury emissions through the use of mercury control equipment must also comply with the flue gas temperature standard of subsection 62-296.416(4), F.A.C.
    (a) Emissions Standard for Facilities Using Mercury Control Equipment.
    1. Mercury emissions from facilities using post-combustion control equipment designed to remove mercury from flue gases shall not exceed 70 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent 02, or 20 percent by weight of the mercury in the flue gas upstream of the mercury control device (80 percent reduction by weight), whichever occurs first.
    2. Facilities with sulfur dioxide and hydrogen chloride control equipment in place or under construction as of July 1, 1993, and which choose to control mercury emissions through the use of mercury control equipment, shall comply with the mercury emissions limiting standard of subFl. Admin. Code R. 62-296.416(3)(a)1., by July 1, 1995. All other facilities choosing to control mercury emissions through the use of mercury control equipment shall comply with the mercury emissions limiting standard of subFl. Admin. Code R. 62-296.416(3)(a)1., by the date that the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits, which limits are established at Fl. Admin. Code R. 62-204.800(9)(b)
    3. Facilities subject to the mercury emissions limiting standard of subFl. Admin. Code R. 62-296.416(3)(a)1., shall demonstrate individual emissions unit compliance by the compliance date specified in subFl. Admin. Code R. 62-296.416(3)(a)2., and annually thereafter.
    (b) Emissions Standards for Facilities Using Waste Separation. The Department recognizes that reduction of mercury emissions from waste-to-energy facilities may be achieved by implementation of mercury waste separation programs. Such programs would require removal of objects containing mercury from the waste stream before the waste is used as a fuel.
    1. Facilities with sulfur dioxide and hydrogen chloride control equipment in place or under construction as of July 1, 1993, and which choose to control mercury emissions exclusively through the use of a waste separation program, shall submit a program plan to the Department by March 1, 1994, and shall comply with the following emissions limiting schedule.
    a. After July 1, 1995, mercury emissions shall not exceed 140 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2.
    b. After July 1, 1997, mercury emissions shall not exceed 70 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2.
    2. Beginning no later than July 1, 1994, facilities subject to subFl. Admin. Code R. 62-296.416(3)(b)1., shall perform semiannual individual emissions unit mercury emissions tests. Facilities shall stagger the semiannual testing of individual emissions units such that at least one test is performed quarterly. All tests conducted after July 1, 1995, shall be used to demonstrate compliance with the mercury emissions limiting standards of subFl. Admin. Code R. 62-296.416(3)(b)1.
    3. Facilities which do not have sulfur dioxide and hydrogen chloride control equipment in place or under construction as of July 1, 1993, and which choose to control mercury emissions exclusively through the use of a waste separation program, shall comply with a mercury emission limitation of 70 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2, by the later of July 1, 1997, or the date that the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits, which limits are established after July 1, 1993. If the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits by a date prior to July 1, 1997, it shall comply with a mercury emission limitation of 140 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2, by that date and until July 1, 1997.
    4. Facilities subject to subFl. Admin. Code R. 62-296.416(3)(b)3., shall demonstrate individual emissions unit compliance with the mercury emission limiting standard by the date specified therein and semiannually thereafter. Facilities shall stagger the semiannual testing of individual emissions units such that at least one test is performed quarterly.
    (c) Mercury Emissions Inventory. For emissions inventory purposes, all waste-to-energy facilities with charging rates of 40 tons or more per day shall perform annual individual emissions unit mercury emissions tests and report the results to the Department. This testing shall begin during calendar year 1993 and end upon initiation of mercury testing pursuant to paragraph 62-296.416(3)(a) or (b), F.A.C.
    (d) Mercury Emissions Test Method and Procedures. All mercury emissions tests performed pursuant to the requirements of this rule shall comply with the following provisions.
    1. The test method for mercury shall be EPA Method 29, as described at 40 C.F.R. part 60, Appendix A-8, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800
    2. Test procedures shall meet all applicable requirements of Fl. Admin. Code Chapter 62-297
    (4) Flue Gas Temperature Standard. Waste-to-energy facilities choosing to control mercury emissions through the use of post-combustion control equipment designed to remove mercury from flue gases shall comply with the flue gas temperature standard of Fl. Admin. Code R. 62-296.416(4)(a)
    (a) Temperature Standard. The flue gas temperature standard set forth in 40 C.F.R. § 60.53b(c), incorporated by reference in Fl. Admin. Code R. 62.204.800, shall apply.
    (b) Temperature Monitoring. The temperature monitoring requirements set forth in 40 C.F.R. § 60.58b(i), incorporated by reference in Fl. Admin. Code R. 62-204.800, shall apply.
    (5) Carbon Usage Rate. The carbon injection rate operating standard and monitoring requirements set forth in 40 C.F.R. § 60.58b(m), incorporated by reference in Fl. Admin. Code R. 62-204.800, shall apply.
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History-New 10-5-93, Formerly 17-296.416, Amended 11-23-94, 1-1-96, 10-20-96, 7-10-14.