Fla. Admin. Code Ann. R. 62-213.412 - Immediate Implementation Pending Revision Process
(1) Those permitted Title V sources making
any change that constitutes a modification pursuant to the definition of
modification at Rule 62-210.200, F.A.C., but which would not constitute a
modification pursuant to
42 USC
7412(a) or to
40
CFR 52.01,
60.2, or 61.15,
adopted and incorporated by reference at Rule
62-204.800,
F.A.C., may implement such change prior to final issuance of a Title V permit
revision, provided the change:
(a) Does not
violate any applicable requirement;
(b) Does not contravene any permit term or
condition for monitoring, testing, recordkeeping or reporting, or any
compliance certification requirement;
(c) Does not require or change a case-by-case
determination of an emission limitation or other standard, or a source-specific
determination of ambient impacts, or a visibility or increment analysis under
the provisions of Chapter 62-212 or 62-296, F.A.C.;
(d) Does not seek to establish or change a
permit term or condition for which there is no corresponding underlying
applicable requirement and which the source has assumed to avoid an applicable
requirement to which the source would otherwise be subject including any
federally enforceable emissions cap or federally enforceable alternative
emissions limit.
(2) A
Title V source may immediately implement such changes after they have been
incorporated into the terms and conditions of a new or revised construction
permit issued pursuant to Chapter 62-212, F.A.C., and after the source provides
to EPA, the Department, each affected state and any approved local air program
having geographic jurisdiction over the source, a copy of the source's
application for operation permit revision. The Title V source may conform its
application for construction permit to include all information required by Rule
62-213.420,
F.A.C., in lieu of submitting separate application forms.
(3) The Department shall process the
application for operation permit revision in accordance with the provisions of
this chapter, except that the Department shall issue a draft permit revision or
a determination to deny the revision within 60 days of receipt of a complete
application for operation permit revision or, if the Title V source has
submitted a construction permit application conforming to the requirements of
Rule 62-213.420, F.A.C., the Department shall issue a draft permit or a
determination to deny the revision at the same time the Department issues its
determination on issuance or denial of the construction permit application. The
Department shall not take final action on the operation permit revision
application until all the requirements of paragraphs 62-213.430(1)(a), (c),
(d), and (e), F.A.C., have been complied with.
(4) Pending final action on the operation
permit revision application, the source shall implement the changes in
accordance with the terms and conditions of the source's new or revised
construction permit. If any terms and conditions of the new or revised
construction permit have not been complied with prior to issuance of the draft
operation permit revision, the operation permit shall include a compliance plan
in accordance with the provisions of subsection
62-213.440(2),
F.A.C.
(5) The permit shield
described in Rule 62-213.460, F.A.C., shall not apply to such changes until
after the Department takes final action to issue the operation permit
revision.
(6) If the Department
denies the source's application for operation permit revision, the source shall
cease implementation of the proposed changes.
Notes
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