Fla. Admin. Code Ann. R. 62-212.400 - Prevention of Significant Deterioration (PSD)
(1) General Provisions.
(a) No person shall construct any new major
stationary source or undertake any major modification except in compliance with
the provisions of this rule and, where applicable, Rule
62-212.500, F.A.C. Emissions of
an affected pollutant from a new major stationary source or major modification
which is located in or proposed to be located in any nonattainment area are not
subject to this rule.
(b) The
Department shall include conditions in each permit issued to insure that the
provisions of this rule are not violated.
(c) For purposes of this rule, the term
"Administrator, " wherever it appears in any provision of
40 CFR
52.21 cited herein, shall mean
"Department."
(2)
Applicability.
(a) The requirements of
subsections 62-212.400(4) through
(12), F.A.C., apply to the construction of
any new major stationary source or the major modification of any existing major
stationary source. The Department shall determine whether a major modification
will occur for each PSD pollutant as follows:
1. Baseline Actual-to-Projected Actual
Applicability Test for Modifications at Existing Emissions Units. A significant
emissions increase of a PSD pollutant will occur if the difference, or the sum
of the differences if more than one emissions unit is involved, between the
projected actual emissions and the baseline actual emissions equals or exceeds
the significant emissions rate for that pollutant. If a combination of new and
existing emissions units is involved, then the major modification shall be
determined by the hybrid test for multiple types of emissions units pursuant to
subparagraph 62-212.400(2)(a)
3., F.A.C.
2. Baseline
Actual-to-Potential Applicability Test for Construction of New Emissions Units.
A significant emissions increase of a PSD pollutant will occur if the
difference, or the sum of the differences if more than one emissions unit is
involved, between the potential to emit from each new emissions unit following
completion of the construction and the baseline actual emissions of these units
before the construction equals or exceeds the significant emissions rate for
that pollutant. If a combination of new and existing emissions units is
involved, then the major modification shall be determined by the hybrid test
for multiple types of emissions units pursuant to subparagraph
62-212.400(2)(a)
3., F.A.C.
3. Hybrid Test for
Multiple Types of Emissions Units. A significant emissions increase of a PSD
pollutant will occur if the sum of the emissions increases for all emissions
units, using the method specified above for each type of emissions unit equals
or exceeds the significant emissions rate for that
pollutant.
(b) Any owner
or operator of any existing major stationary source seeking to establish or
change a plantwide applicability limitation (PAL) for a PSD pollutant shall
comply with the requirements under Rule
62-212.720,
F.A.C.
(3) Exemptions.
(a) The requirements of subsections
62-212.400(4) through
(12), F.A.C., shall not apply to a major
stationary source or major modification if the source or modification would be
a nonprofit health or nonprofit educational institution, or a major
modification would occur at such an institution.
(b) The requirements of subsections
62-212.400(4) through
(12), F.A.C., shall not apply to a major
stationary source or major modification if the source or modification would be
a major stationary source or major modification only if fugitive emissions, to
the extent quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and the source does not belong to any of
the following categories:
1. Coal cleaning
plants (with thermal dryers),
2.
Kraft pulp mills,
3. Portland
cement plants,
4. Primary zinc
smelters,
5. Iron and steel mills,
6. Primary aluminum ore reduction
plants,
7. Primary copper
smelters,
8. Municipal incinerators
capable of charging more than 250 tons of refuse per day,
9. Hydrofluoric, sulfuric, or nitric acid
plants,
10. Petroleum
refineries,
11. Lime plants,
12. Phosphate rock processing
plants,
13. Coke oven batteries,
14. Sulfur recovery plants,
15. Carbon black plants (furnace
process),
16. Primary lead
smelters,
17. Fuel conversion
plants,
18. Sintering plants,
19. Secondary metal production
plants,
20. Chemical process plants
(the term "chemical process plants" shall not include ethanol production
facilities that produce ethanol by natural fermentation included in North
American Industry Classification System (NAICS) codes 325193 or 312140),
21. Fossil-fuel boilers (or
combination thereof) totaling more than 250 million British thermal units per
hour heat input,
22. Petroleum
storage and transfer units with a total storage capacity exceeding 300, 000
barrels,
23. Taconite ore
processing plants,
24. Glass fiber
processing plants,
25. Charcoal
production plants,
26. Fossil
fuel-fired steam electric plants of more than 250 million British thermal units
per hour heat input,
27. Any other
stationary source category which, as of August 7, 1980, is being regulated
under section 111 or 112 of the Act.
(c) The requirements of subsections
62-212.400(5), (7), and
(8), F.A.C., shall not apply to a major
stationary source or major modification with respect to a particular pollutant,
if the applicant demonstrates that the allowable emissions of that pollutant
from the source, or the net emissions increase of that pollutant from the
modification:
1. Would impact no Class I area
and no area where an applicable increment is known to be violated;
and,
2. Would not exceed two years
in duration.
(d) The
requirements of subsections
62-212.400(5), (7), and
(8), F.A.C., as they relate to any maximum
allowable increase for a Class II area shall not apply to a major modification
at a stationary source that was in existence on March 1, 1978, if the net
increase in allowable emissions of each PSD pollutant from the modification
after the application of best available control technology would be less than
50 tons per year.
(e) The
requirements of subsection
62-212.400(7),
F.A.C., as they relate to monitoring for a particular pollutant shall not apply
if:
1. The emissions increase of the
pollutant from the new major stationary source or the net emissions increase of
the pollutant from the major modification would cause, in any area, air quality
impacts less than the amounts listed at
40 CFR
52.21 (i)(5), adopted and
incorporated by reference at Rule
62-204.800, F.A.C., specifically
the following amounts:
a. Carbon monoxide -
575 micrograms per cubic meter, 8-hour average,
b. Nitrogen dioxide - 14 micrograms per cubic
meter, annual average,
c.
PM2.5 - 4 micrograms per cubic meter, 24-hour average,
d. PM10 -
10 micrograms per cubic meter, 24-hour average,
e. Sulfur dioxide - 13 micrograms per cubic
meter, 24-hour average,
f. Ozone -
No de minimis air quality level is provided for ozone. However, any net
increase of 100 tons per year or more of volatile organic compounds or nitrogen
oxides subject to PSD would be required to perform an ambient impact analysis
including the gathering of ambient air quality data,
g. Lead - 0.1 micrograms per cubic meter,
3-month average,
h. Fluorides -
0.25 micrograms per cubic meter, 24-hour average,
i. Total reduced sulfur - 10 micrograms per
cubic meter, 1-hour average,
j.
Hydrogen sulfide - 0.2 micrograms per cubic meter, 1-hour average,
k. Reduced sulfur compounds - 10 micrograms
per cubic meter, 1-hour average; and,
l. Any concentration previously listed at the
table at Rule 62-212.400 -3, F.A.C.;
specifically, Mercury - 0.25 micrograms per cubic meter, 24-hour average,
or
2. The concentrations
of the pollutant in the area that the source or modification would affect are
less than the concentrations listed in subparagraph
62-212.400(3)(e)
1., F.A.C., above, or the pollutant is not listed
above.
(4)
Source Information. The owner or operator of a proposed source or modification
shall submit all information necessary to perform any analysis or make any
determination required under this section. Such information shall include:
(a) A description of the nature, location,
design capacity, and typical operating schedule of the source or modification,
including specifications and drawings showing its design and plant
layout;
(b) A detailed schedule for
construction of the source or modification;
(c) A detailed description as to what system
of continuous emission reduction is planned for the source or modification,
emission estimates, and any other information necessary to determine best
available control technology (BACT) including a proposed BACT;
(d) The air quality impact of the source or
modification, including meteorological and topographical data necessary to
estimate such impact and an analysis of "good engineering practice" stack
height; and,
(e) The air quality
impacts, and the nature and extent of any or all general commercial,
residential, industrial, and other growth which has occurred since August 7,
1977, in the area the source or modification would affect.
(5) Source Impact Analysis.
(a) Required Demonstration. The owner or
operator of the proposed major stationary source or major modification shall
demonstrate that allowable emission increases from the proposed major
stationary source or major modification, in conjunction with all other
applicable emissions increases or reductions (including secondary emissions),
would not cause or contribute to air pollution in violation of:
1. Any ambient air quality standard in any
air quality control region, or
2.
Any applicable maximum allowable increase over the baseline concentration in
any area.
(b) Significant
Impact Levels. For purposes of PM2.5, the demonstration
required in paragraph
62-212.400(5)(a),
F.A.C., is deemed to have been made if the emissions increase from the new
major stationary source alone or from the major modification alone would cause,
in all areas, air quality impacts less than the following amounts:
1. Annual averaging time - 0.06 micrograms
per cubic meter in a Class I area, and 0.3 micrograms per cubic meter in all
other areas.
2. 24-hour averaging
time - 0.07 micrograms per cubic meter in a Class I area, and 1.2 micrograms
per cubic meter in all other areas.
(6) Air Quality Models. Air quality models
shall meet the requirements provided in
40 C.F.R.
52.21(l), adopted by
reference in Rule 62-204.800, F.A.C.
(7) Air Quality Analysis. The owner or
operator of a major stationary source or major modification shall provide any
required monitoring and analysis as required in
40 C.F.R.
52.21(m), adopted by
reference in Rule 62-204.800, F.A.C.
(8) Additional Impact Analyses.
(a) The owner or operator shall provide an
analysis of the impairment to visibility, soils and vegetation that would occur
as a result of the source or modification and general commercial, residential,
industrial and other growth associated with the source or modification. The
owner or operator need not provide an analysis of the impact on vegetation
having no significant commercial or recreational value.
(b) The owner or operator shall provide an
analysis of the air quality impact projected for the area as a result of
general commercial, residential, industrial and other growth associated with
the source or modification.
(c)
Visibility Monitoring. The owner or operator shall provide visibility
monitoring as required in 40
C.F.R. 52.21(o)(3), adopted
by reference in Rule 62-204.800,
F.A.C.
(9) Sources
Impacting Federal Class I Areas. Sources impacting Federal Class I areas are
subject to the additional requirements provided in
40 C.F.R.
52.21(p), adopted by
reference in Rule 62-204.800, F.A.C.
(10) Control Technology Review. The
Department shall not issue any permit unless it determines that:
(a) The owner or operator of a major
stationary source or major modification shall meet each applicable emissions
limitation under the State Implementation Plan and each applicable emissions
standard and standard of performance under 40 C.F.R. Parts 60, 61, and
63.
(b) The owner or operator of a
new major stationary source shall apply best available control technology for
each PSD pollutant that the source would have the potential to emit in
significant amounts.
(c) The owner
or operator of a major modification shall apply best available control
technology for each PSD pollutant which would result in a significant net
emissions increase at the source. (This requirement applies to each proposed
emissions unit at which a net emissions increase in the pollutant would occur
as a result of a physical change or change in the method of operation in the
unit.)
(d) The owner or operator of
a phased construction project shall adhere to the procedures provided in
40 C.F.R.
52.21(j)(4), adopted by
reference in Rule 62-204.800,
F.A.C.
(11) Public
Participation. No permit shall be issued until the applicant and Department
have complied with all applicable public notice and participation provisions of
Rules 62-210.350 and
62-110.106, F.A.C.
(12) Source Obligation.
(a) Authorization to construct shall expire
if construction is not commenced within 18 months after receipt of the permit,
if construction is discontinued for a period of 18 months or more, or if
construction is not completed within a reasonable time. This provision does not
apply to the time period between construction of the approved phases of a
phased construction project except that each phase must commence construction
within 18 months of the commencement date established by the Department in the
permit.
(b) At such time that a
particular source or modification becomes a major stationary source or major
modification (as these terms were defined at the time the source obtained the
enforceable limitation) solely by virtue of a relaxation in any enforceable
limitation which was established after August 7, 1980, on the capacity of the
source or modification otherwise to emit a pollutant, such as a restriction on
hours of operation, then the requirements of subsections
62-212.400(4) through
(12), F.A.C., shall apply to the source or
modification as though construction had not yet commenced on the source or
modification.
(c) At such time that
a particular source or modification becomes a major stationary source or major
modification (as these terms were defined at the time the source obtained the
enforceable limitation) solely by exceeding its projected actual emissions,
then the requirements of subsections
62-212.400(4) through
(12), F.A.C., shall apply to the source or
modification as though construction had not yet commenced on the source or
modification.
(13)
Innovative Control Technology. The Department shall allow use of innovative
control technology only as provided in
40 C.F.R.
52.21(v), incorporated by
reference at Rule 62-204.800,
F.A.C.
Notes
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS.
Formerly 17-2.500, Amended 2-2-93, Formerly 17-212.400, Amended 11-23-94, 1-1-96, 3-13-96, 2-5-98, 8-15-99, 2-2-06, 7-16-07, 10-6-08, 12-4-11, 3-28-12.
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