A "Small Business Stationary Source Technical and
Environmental Compliance Assistance Program, " or "Small Business Assistance
Program, " is established as an organizational unit of the Department's
Division of Air Resources Management. The purpose of this rule is to establish
procedures for notifying small business stationary sources of their rights and
to assure an opportunity for public comment on any petition filed by any
facility seeking inclusion on the list of small business stationary sources
maintained by the Small Business Assistance Program.
(1) Notification of Rights. The Department
shall provide, at a minimum, notice to small business stationary sources as
identified pursuant to subsection
62-210.220(2),
F.A.C., of state requirements.
(a) The Small
Business Assistance Program shall provide notice of those rules related to air
pollution which have been proposed by the Department and published in the
Florida Administrative Register. Each notice shall contain:
1. The subject matter of the rule,
2. The publication date,
3. Any published effective date,
4. The Florida Administrative Register
location, by volume and page number; and,
5. The Small Business Assistance Program
Hotline telephone number.
(b) The Department shall provide those small
business stationary sources identified pursuant to subsection
62-210.220(2),
F.A.C., which are also Title V sources with notice of any requirements of
Chapter 62-213, F.A.C., in accordance with the provisions of Chapter 62-213,
F.A.C.
(2) Public Notice
and Comment. The Small Business Assistance Program shall create and maintain a
list of interested entities to receive the notices identified in subsection
62-210.220(1),
F.A.C.
(a) The Small Business Assistance
Program shall create a list of small business stationary sources as follows:
1. The program shall identify, using existing
Department air pollutant emitting facility computerized records, all permitted
facilities that have the potential to emit not more than 100 tons per year of
all regulated air pollutants. The program shall request of each such facility:
a. The total number of full-time and
part-time employees, including temporary employees, employed by the person,
corporation or partnership which owns or operates the facility,
b. The type of business in which the facility
is engaged; and,
c. The total
amount of annual receipts for the most recently completed fiscal
year.
2. Each facility
desiring consideration as a small business stationary source shall provide the
information listed in subparagraph
62-210.220(2)(a)
1., F.A.C. The Small Business Assistance Program shall review the information
and determine, based upon the information submitted by the facility and upon
the air pollutant emission information contained in the Department's
computerized air facility records, whether the facility is a "small business
stationary source" as defined in subsection
62-210.200,
F.A.C.
(b) Any facility
may petition for inclusion on the list described at paragraph
62-210.220(2)(a),
F.A.C. Each petitioning facility must publish notice of such petition in a
newspaper of general circulation in each county in which the facility operates.
No less than 30 days after receipt of both the notice of publication and a
petition meeting the requirements of this paragraph, the Small Business
Assistance Program shall add to the list the name and address of any such
facility which conforms to the requirements of paragraph (b), of the definition
of "small business stationary source" at Rule
62-210.200, F.A.C. Each petition
for inclusion must provide factual data showing:
1. Name,
2. Mail address,
3. Facility address,
4. County,
5. Standard Industrial Classification (SIC)
code,
6. Description of operation,
7. Data showing the facility is
owned or operated by an individual person, a corporate entity or a partnership
entity employing no more than 100 employees including full and part-time
employees and permanent and temporary employees during any pay period of the
past 12 calendar months preceding application,
8. Data showing the facility does not exceed
the size standards, as expressed in dollars, established in
13 C.F.R.
121.601, hereby adopted and incorporated by
reference; and,
9. Data showing the
facility does not emit more than 100 tons per year, in the aggregate, of all
regulated air pollutants.
(c) The Small Business Assistance Program
shall notify each facility responding pursuant to subparagraph
62-210.220(2) (a)
2., F.A.C., or petitioning pursuant to paragraph
62-210.220(2) (b),
F.A.C., that the responding facility does or does not conform to the definition
of "small business stationary source" at Rule
62-210.200, F.A.C., or that the
petitioning facility does or does not conform to the requirements of paragraph
(b), of the definition of "small business stationary source" at Rule
62-210.200, F.A.C. The
determination shall constitute agency action for purposes of Chapter 28-106,
F.A.C. Any person who has provided comments to the Small Business Assistance
Program in response to the published notice described at paragraph
62-210.220(2)(b),
F.A.C., shall be provided written notice of the determination. The facility
shall be considered an applicant for purposes of Chapter 28-106,
F.A.C.
(d) The Department shall
include on the list described at paragraph
62-210.220(1) (a),
F.A.C., each facility that has submitted a petition pursuant to paragraph
62-210.220(2)(b),
F.A.C., and which the Department has determined conforms to the definition of
"small business stationary source" at Rule
62-210.200, F.A.C.
(e) The Department shall maintain the list
described at paragraph
62-210.220(1)(a),
F.A.C., annually. The Department shall delete from the list the name and
address of any facility which has requested deletion or from which the
Department's notice has been returned as not
deliverable.