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Florida Department of Environmental Protection Air General Permits, Exemptions, and Clarifying Amendments Florida DEP, Division of Air Resource Management.

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Presentation on theme: "Florida Department of Environmental Protection Air General Permits, Exemptions, and Clarifying Amendments Florida DEP, Division of Air Resource Management."— Presentation transcript:

1 Florida Department of Environmental Protection Air General Permits, Exemptions, and Clarifying Amendments Florida DEP, Division of Air Resource Management October 20, 2010 Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

2 Welcome Sign-in reminder On-line webinar If you wish to submit written comments If you wish to speak How the workshop will proceed Introduction of DEP staff Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

3 Agenda DEP Presentation: Introduction – Larry George Chapter , F.A.C., Exemptions and Clarifying Amendments – Terri Long and Larry George Pause for Questions Chapter , F.A.C., and Chapter , F.A.C. Air General Permits – Terri Long Comments and Questions: Chapter , F.A.C., proposed changes Chapter , F.A.C., proposed changes Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

4 Rule Development Objectives Update the Department’s minor source state permitting program Clarify: several definitions, permits required, exemptions, and air general permits Update exemptions pursuant to applicable new or revised EPA rules Update air general permits pursuant to applicable new or revised EPA rules Transfer Title V air general permits to non-Title V air general permits Update air general permit registration forms Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

5 Florida Department of Environmental Protection Chapter , F.A.C. Stationary Sources – General Requirements Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

6 Rule Definitions (pg 1-3 of draft language) “Applicable Requirement”: Definition is simplified by referencing Part 70 (40 C.F.R. 70.2) and limiting its use to purposes of the Title V permitting program only. “Designated Facility Plan” is added as a Title V “applicable requirement.” “Designated Facility Plan”: New definition is added to include all federally approved state plans under §111(d) of the CAA (analogous to SIP). “Emergency Generator”: This definition is being deleted. DEP rules will defer to the federal definition in 40 C.F.R. Part 60, subparts IIII and JJJJ, and 40 C.F.R. Part 63, subpart ZZZZ. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

7 Rule Definitions cont. (pg 3-4 of draft language) “Major Source of Air Pollution” (“Title V Source”): The definition is revised to include the federal exemption for area sources from Title V permitting. “Modification”: This definition will only be used for the purposes of the department’s minor source permitting program. The definition is clarified to be applied to any proposed increase from past actual to future potential emissions of a regulated air pollutant. (The department’s intent is that the term “Major Modification” be separate and distinct.) Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

8 Rule Definitions cont. (pg 4-6 of draft language) “State Implementation Plan (SIP)” : Language is revised to clarify that the SIP includes all plans and plan revisions approved by the EPA. “Unit-Specific Applicable Requirement”: Definition is amended to limit its use to purposes of the Title V permitting program only. “Unit-Specific Limitation or Requirement” : A new definition is added to apply only to the department’s minor source air permitting program (non-PSD/NAA air construction permits, non-Title V air operation permits, air general permits, and air permitting exemptions ) Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

9 Rule – Permits Required (pg 6-7 of draft language) The lead in language for this section is proposed to be deleted and moved to the appropriate subsection: (1) Authorization by Air Construction Permit (2) Authorization by Air Operation Permit (3) Exemptions Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

10 Subsection (1) Air Construction Permits (AC) (pg 7-10 of draft language) Most of this subsection has been restructured to a numerical list format. Rule citations have been corrected where needed (1)(a): Includes all activities that require a AC permit (ineligible for exemptions) (1)(b): Includes activities that require an AC, but may be eligible for an exemption (1)(c): Existing language in the previous (1)(b), is renumbered (1)(c): Language is added to clarify that a change at a facility that requires an AC pursuant to (1)(a), can only be accomplished through an AC (1)(d): New paragraph is added to clarify the requirement to submit the appropriate AC permit application form to the department. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

11 Subsection (2) Air Operation Permits (AO, AF and AV ) (pg of draft language) (2): Language is revised to clarify that prior to expiration of an AO, completion of an activity being done under an AC, or an activity otherwise provided for under Chapter , an owner or operator shall obtain an initial, renewal or revised AO or, if eligible, an air general permit (2)(c): New language is added to clarify the requirement to submit the appropriate AO permit application form to the department (2)(c): Redundant language is deleted in the “old” paragraph (2)(c). (Similar language exists at subsection (4)) Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

12 Subsection (3) Exemptions (pg of draft language) (3) : The lead-in language for this subsection is revised: To reflect that an exemption from air construction permitting is only available to projects that require an AC pursuant to new paragraph (1)(b); To delete redundant language that is proposed to be moved to either subsection (1) or paragraph (3)(a); and To clarify that claiming one of the exemptions from permitting in this subsection does not relieve the owner or operator from compliance with any other limitation or requirement under state or federal regulations. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

13 Paragraph (3)(a) Categorical and Conditional Exemptions (pg 12 of draft language) (3)(a): The lead-in language for this paragraph is revised: To reflect that an exemption from air construction permitting is only available to projects that require an AC pursuant to new paragraph (1)(b); To clarify that none of the exemptions would apply if the activity is subject to a unit-specific limitation or requirement unless the limitation or requirement is specifically listed as a condition of the individual exemption; To delete redundant language (language stating that if the exemption has a condition, that the condition has to be met). This is specifically stated in each conditional exemption. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

14 Paragraph (3)(a) Categorical and Conditional Exemptions Cont. (pg of draft language) (3)(a): There are no proposed revisions to the individual categorical exemptions (3)(a): Language is added (“provided the following conditions are met”) to several conditional exemptions, to clarify that ongoing exemption from permitting is dependent on the individual conditions being met (surface coating operations, bulk gasoline plants, printing operations) (3)(a): The term “unit-specific applicable requirement,” which is now proposed to be applied only to Title V sources, is replaced in several conditional exemptions, with the proposed new term “unit-specific limitation or requirement” to apply to minor source categories (surface coating operations; fossil fuel steam generators, hot water generators and other external combustion heating units; reciprocating internal combustion engines (RICE) and printing operations). Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

15 Paragraph (3)(a) Categorical and Conditional Exemptions Cont. (pg of draft language) (3)(a)30.: For the bulk gasoline plant exemption, the revisions clarify that the limit on gallons of gas per 12 months is based on distributed product (3)(a)33., 34., and 35.: References to the Acid Rain and CAIR programs is being deleted because they are captured under unit-specific limitation or requirement. (35. is the RICE exemption, renumbered based on deletion of the emergency engine exemption) (3)(a)35.: The emergency engine exemption is being deleted. Engines currently under this exemption will be able to claim exemption under the stationary reciprocating internal combustion engine (RICE) exemption. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

16 Paragraph (3)(a) Categorical and Conditional Exemptions Cont. (pg of draft language) (3)(a)35.: The stationary RICE exemption: Title of exemption is revised to be consistent with EPA regulations. Language is added to clarify that any limitation or requirement under the federal regulations (Part 60, IIII and JJJJ, and Part 63, ZZZZ) is not considered a unit-specific limitation or requirement for purposes of this exemption. The collective amount of fuel allowed to be burned on an annual basis is increased to account for deletion of the emergency generator exemption and the possibility that a single facility may currently be using both the emergency engine and general purpose engine exemptions. Language is added to provide that if an engine is subject to one or more of the federal engine regulations, use of this exemption requires compliance with the applicable federal regulation. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

17 Subparagraph (3)(b) Generic and Temporary Exemptions (pg of draft language) (3)(b)1. Generic Emissions Unit or Activity Exemption: The term “unit-specific applicable requirement,” which is now proposed to be applied to Title V sources only, is replaced, with the proposed new term “unit-specific limitation or requirement.” Language is added to clarify that activities or emissions units requiring an AC permit pursuant to (1)(a), cannot claim this exemption. The listing of the potential-to-emit limitations is reformatted into paragraph form to eliminate the use of Roman numerals in the numbering structure (3)(b)1.d. and e.: Provisions are being deleted because the exclusions for exemptions are included in the provisions for required AC permits in (1)(a). Note: The deletion (strikethrough) of (3)(b)1.e., was inadvertently not included in the workshop draft language. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

18 Subparagraph (3)(b) Generic and Temporary Exemptions cont. (pg of draft language) (3)(b)2. Generic Facility Exemption: The term “unit-specific applicable requirement,” which is now proposed to be applied to Title V sources only, is replaced, with the proposed new term “unit-specific limitation or requirement.” The term “pollutant emitting activity” is added for consistency with the generic emissions unit or activity exemption. Language is revised to clarify that if there are more than one emissions units at a facility, each individual emissions unit would not have to meet the generic emissions unit or activity potential-to-emit thresholds in (3)(b)1., for the facility to qualify for the generic facility exemption, so long as the collective potential-to-emit for all the emissions units at the facility meet the potential-to-emit limit under the generic facility exemption. The listing of the potential-to-emit limitations is reformatted into paragraph form to eliminate the use of Roman numerals in the numbering structure. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

19 Subparagraph (3)(c) (pg 18 of draft language) Conditional Exemption from Title V Air Permitting Language is revised to clarify that an asphalt plant can collocate with, or relocate to a Title V source, If the asphalt plant is operated under the authority of the Title V permit. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

20 Paragraph (4) Authorization by Air General Permit (pg 18 of draft language) This section is a pointer to the Air General Permits in Rule Language is revised to clarify that the owner or operator of a facility can use an air general permit as long as the facility registers to use the air general permit and is not notified by the department of ineligibility to use the air general permit. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

21 Paragraph (8) Ambient Air Quality Protection (pg of draft language) A new subsection is created to consolidate provisions related to the department’s responsibility to protect ambient air quality and enforce other state and federal air pollution control requirements through the permitting process. The addition of this subsection allows for redundant language to be eliminated in Chapters and The deletion of the redundant language in these chapters is being proposed in a separate rulemaking. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

22 Florida Department of Environmental Protection Questions or Comments? Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

23 Paragraph (1) Air General Permits Established (pg of draft language) (1)(a)2. The term “unit-specific applicable requirement,” which is now proposed to be applied to Title V sources only, is replaced with the proposed new term “unit-specific limitation or requirement.” (1)(b) Language is revised to clarify that an owner or operator of an eligible facility may construct or operate under the air general permit, so long as they have not been notified by the department that they are ineligible. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

24 Paragraph (2) General Procedures (Air general Permits (AGP)) (pg of draft language) (2)(a): Language is revised to clarify that the department, not the owner or operator, makes the final determination of eligibility (2)(a)1. and 2.: The language is reorganized for ease of reading (2)(a)3.: Language is added to clarify that a facility cannot be collocated with, or relocated to, a Title V source unless the facility is operated under the authority of the Title V source (2)(a)4.: Language is added as a pointer to (1)(b), which includes the registration procedures for AGPs (2)(c)1.: Language is revised, clarifying that an owner or operator may construct or operate as long as they have not been notified by the department of ineligibility (2)(e): Language is revised to clarify for substantial equipment changes, a new and complete registration form must be submitted 30 days prior to making the equipment change. There are no proposed changes to (3), General Conditions. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

25 Paragraph (4) Air General Permits for Facilities Claiming Conditional Exemption from Title V Air Permitting (pg of draft language) For all the source types under this subsection, the term “unit- specific applicable requirement,” which is now proposed to be applied to Title V sources only, is replaced with the proposed new term “unit-specific limitation or requirement” (bulk gasoline plants, reciprocating internal combustion engines, surface coating operations, reinforced polyester resin operations, cast polymer operations and printing operations). For reciprocating internal combustion engines, surface coating operations, reinforced polyester resin operations, cast polymer operations and printing operations, language is revised to clarify that if a unit-specific limitation or requirement is specifically covered by the air general permit, that limitation or requirement does not preclude use of the air general permit. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

26 Paragraph (4) Air General Permits for Facilities Claiming Conditional Exemption from Title V Air Permitting (pg of draft language) (4)(a)2.: Gasoline bulk plants: Language is revised to clarify that the throughput rate is based on the quantity of product distributed (4)(b): Reciprocating internal combustion engines (RICE): New language is added to clarify the applicability of federal regulations for RICE, including the following: Compliance with 40 C.F.R. 60 Subparts IIII and JJJJ, as applicable. Compliance with 40 C.F.R. 63 Subpart ZZZZ, as applicable. If subject to Subpart ZZZZ, all notifications of upcoming tests and reports shall be submitted pursuant to § , not Rule Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

27 Paragraph (5) Air General Permits for Miscellaneous Facilities (pg of draft language) (5)e)3.e.: Nonmetallic mineral processing plants: Language is revised to clarify that owners and operators of such facilities shall conduct VE tests annually. The revised language also clarifies that pre- test notifications and test results shall be submitted to the department according to Rule (5)(f) through (k): Six new non-Title V air general permits are added, replacing the department’s six Title V air general permits for the following source categories: Percholorethylene dry cleaners, ethylene oxide sterilizers, halogenated solvent degreasers, chromium electroplaters, asbestos manufacturers, and secondary aluminum sweat furnaces. These source categories are no longer major sources (Title V) by virtue of their source type. In December 2005, EPA granted these source categories exemption from permitting under Part 70. In 2008, the Florida Statutes were revised accordingly. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

28 Rule Registration Forms for Air General Permits (pg of draft language) : Language is added in the lead-in language to provide access to all of the air general permit registration forms via the division’s website: (1) and (2)(a) through (e): All of the air general permit registration forms are revised to include address, reorganize the general contact and facility information, and clarify specific information needed to determine applicability and compliance requirements for each source category (2)(f) through (k): Six new air general permit forms are added to correspond to the six new non-Title V air general permits which were previously Title V air general permits. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

29 Florida Department of Environmental Protection Chapter , F.A.C. Operation Permits for Major Sources of Air Pollution Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

30 Chapter (pg 1-6 of draft language) Responsible Official: Language is revised to amend a DEP form number citation that will change based on the deletion of the six Title V air general permit registration forms in Rule (Responsible Official Notification Form is renumbered) Title V Air General Permits: Language revisions eliminate the six source categories from the Title V air general permit program (to be re-established as non-Title V air general permits). For each of the six categories, transitional language is added in the individual paragraphs that authorizes the user of a currently registered Title V air general permit to continue to operate under the corresponding non-Title V air general permit until the user’s current Title V air general permit entitlement expires. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

31 Chapter (pg 1-13 of draft language) (a) through (f): The following Title V air general permits are being eliminated (except for transitional language) and replaced with the corresponding non-Title V air general permits in (5)(f) through (k): Percholorethylene dry cleaners, ethylene oxide sterilizers, halogenated solvent degreasers, chromium electroplaters, asbestos manufacturers, and secondary aluminum sweat furnaces (2): The General Procedures for the Title V air general permits are being deleted (3): The General Conditions for the Title V air general permits are being deleted (4): The Local Air Program Requirements for the Title V air general permits are being deleted. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

32 Chapter (pg of draft language) : Permits and Permit Revisions Required. The revision in paragraph (2)(a) clarifies that a Title V permit revision is required with respect to a modification per 40 C.F.R. Part 60 or 61, or a modification or major modification as defined in Rule : Permit Content. The revision in subparagraph (3)(a)3. amends a DEP for number citation, based on the deletion of the six Title V air general permit registration forms. (renumbered Statement of Compliance Form) : Forms and Instructions. Subsections (forms) (2), (3), (4), (5), (6), and (9) are being deleted (eliminated Title V air general permits). The Statement of Compliance and Responsible Official Notification Forms are being renumbered. Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

33 Next Steps Comments Appreciated throughout process. Most helpful if returned by November 10. The draft air general permit forms (new and revised) are posted online and can be found at: This presentation will be posted online at the link listed above. Target date to finalize rule revisions: Adopted by end of 1 st quarter Air General Permits, Exemptions and Clarifying Amendments Rulemaking Workshop October 20,

34 Comments by November 10, 2010 Mail to:Department of Environmental Protection Division of Air Resource Management, MS Blair Stone Rd. Tallahassee, FL Attn: Lynn Scearce, Rules Coordinator Or All comments are public records and will be posted on the department’s website at: To receive updates on this rule development project by , provide name, affiliation, and address to Lynn Scearce at:


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