Fla. Admin. Code Ann. R. 62-213.420 - Permit Applications
(1)
Duty to Apply. For each Title V source, the owner or operator shall submit a
timely and complete permit application in compliance with the requirements of
this section and subsections
62-4.050(1)
through (3), F.A.C.
(a) Timely Application.
1. A facility that commences operation as a
Title V source or that otherwise becomes subject to the permitting requirements
of chapter 62-213, F.A.C., must file an application for an operation permit
under this chapter at least ninety days before expiration of the source's air
construction permit, but no later than 180 days after commencing operation as a
Title V source, unless a different application due date is provided at rule
62-204.800,
F.A.C., or an earlier date is provided in the air construction permit. A source
that applied for an Electrical Power Plant Siting Certification prior to
October 26, 1995, but was not issued the certification as of that date, or a
source that was issued an Electrical Power Plant Siting Certification prior to
October 26, 1995, but did not commence operation by that date, shall file an
application for an operation permit under this chapter no later than 180 days
after commencing operation.
2. For
purposes of permit renewal, a timely application is one that is submitted 180
days before the expiration of a permit that expires before June 1, 2009, and
225 days before the expiration of a permit that expires on or after June 1,
2009.
3. A Title V source which
contains an emissions unit that commences operation or is modified shall submit
an application for a permit revision, or a supplement to a pending application,
at least ninety days prior to expiration of the unit's air construction permit,
but no later than 180 days after the emissions unit commences operation or
commences operation as modified. Any source that contains an emissions unit
that has not commenced operation or which has not demonstrated initial
compliance with all applicable requirements by the time that the source submits
its application for a Title V permit, permit revision, or permit renewal may
include such emissions unit in the application, provided the source submits a
compliance schedule and methodology, in accordance with paragraph
62-213.420(3)(l), F.A.C.
(b) Complete Application.
1. Any applicant for a Title V permit, permit
revision or permit renewal must submit an application on DEP form number
62-210.900(1),
which must include all the information specified by subsection 62-213.420(3),
F.A.C., except that an application for permit revision must contain only that
information related to the proposed change(s) from the currently effective
Title V permit and any other requirements that become applicable at the time of
application. The applicant shall include information concerning fugitive
emissions and stack emissions in the application. Each application for permit,
permit revision or permit renewal shall be certified by a responsible official
in accordance with subsection 62-213.420(4), F.A.C.
2. The application shall be deemed complete
sixty days after receipt, unless the Department, within sixty days after
receipt of a certified application for permit, permit revision or permit
renewal, requests additional documentation or information needed to process the
application. An applicant making timely and complete application for permit, or
for permit renewal, shall continue to operate the source under the authority
and provisions of any existing valid permit or Florida Electrical Power Plant
Siting Certification, and in accordance with applicable requirements of the
Acid Rain Program, until the conclusion of proceedings associated with its
permit application or until the new permit becomes effective, whichever is
later, provided the applicant complies with all the provisions of subparagraph
62-213.420(1)(b) 3., F.A.C. Failure of the Department to request additional
information within sixty days of receipt of a properly signed application shall
not impair the Department's ability to request additional information pursuant
to subparagraph 62-213.420(1)(b) 3., F.A.C.
3. Should the Department become aware, during
processing of any application that the application contains incorrect
information, or should the Department become aware, as a result of comment from
an affected State, an approved local air program, EPA, or the public that
additional information is needed to evaluate the application, the Department
shall notify the applicant within 30 days. When an applicant becomes aware that
an application contains incorrect or incomplete information, the applicant
shall submit the corrected or supplementary information to the Department, and
the Department's completeness review clock shall be restarted upon the
Department's receipt of the information. If the Department notifies an
applicant that corrected or supplementary information is necessary to process
the permit application, and requests a response, the applicant shall provide
the information to the Department within ninety days of the Department request
unless the applicant has requested and been granted additional time to submit
the information or, the applicant shall, within ninety days, submit a written
request that the Department process the application without the information.
Failure of an applicant to submit corrected or supplementary information
requested by the Department within ninety days, or such additional time as
requested and granted, or to demand in writing within ninety days that the
application be processed without the information shall render the application
incomplete. Nothing in this section shall limit any other remedies available to
the Department.
4. All Department
requests for additional information shall conform to the requirements of
subsections
62-4.055(2), (3), and
(4), F.A.C.
5. The Department shall grant requests for
additional time to submit supplemental or corrected information as follows:
a. Each source requesting additional time
must make a written request prior to the due date for receipt of the
information and must specify the number of additional days requested,
b. The Department shall grant up to sixty
additional days to any source operating in compliance with the terms and
conditions of the source's existing valid permit without the need to show
cause,
c. The Department shall
grant additional time beyond sixty days or to sources not operating in
compliance with existing valid permits only after the source demonstrates good
cause. Good cause shall mean any unforeseen situation outside the control of
the source such as labor strikes, acts of war, extraordinary or sudden and
unexpected acts of nature or accidents beyond the control of the source. If the
Department has required, in the request for additional or corrected
information, that the source undertake specific testing or investigation, good
cause shall also include the requirement to complete any required tests or
investigation that cannot be completed within 150 days, so long as the source
specifies the expected date of completion in its demonstration of good cause
and so long as the estimated time requested is for the work required.
(2)
Confidential Information. Whenever an applicant submits information under a
claim of confidentiality pursuant to Section
403.111,
F.S., the applicant shall also submit a copy of all such information and claim
directly to EPA.
(3) Standard
Application Form and Required Information. Applications shall be submitted
under this chapter on forms provided by the Department and adopted by reference
in subsection
62-210.900(1),
F.A.C. The information as described on the forms in subsection
62-210.900(1),
F.A.C., shall be included for the Title V source and each emissions unit. An
application must include information sufficient to determine all applicable
requirements for the Title V source and each emissions unit and to evaluate a
fee amount pursuant to rule
62-213.205,
F.A.C. The application shall specifically include the following information, as
detailed in the application form (DEP form number
62-210.900(1)
); provided, however, that the information required by paragraphs (g) through
(m), below, shall not be required for any emissions unit which is not subject
to any unit-specific applicable requirements, except as needed to determine
that no applicable requirements exist:
(a)
Identifying information;
(b)
Description of source's processes and products;
(c) Information, as set forth in this
subsection and in the application form number
62-210.900(1),
on the emissions of all regulated pollutants which the applicant knows or has
reason to believe are being emitted from a source in amounts as set forth in
subparagraphs 62-213.420(3)(c) 1. through 6., F.A.C. The applicant shall report
pollutants for each emissions unit and for source-wide emissions such as
fugitive emissions. When pollutants must be quantified, for those pollutants
for which no standard test method or published emissions factor is available to
the applicant, the applicant shall estimate the emissions and include the basis
for the estimate with the emissions information. For purposes of this
subsection, regulated pollutant means any pollutant to which an emissions
limitation applies in accordance with subparagraph 62-213.420(3)(c) 2., F.A.C.;
any hazardous air pollutant; and any other regulated air pollutant as specified
in rule
62-210.200, F.A.C.,
except any pollutant that is regulated solely under 42 U.S.C. s.7412(r). Except
as provided in chapter 62-297, F.A.C., for submittal of compliance test data,
nothing in this section shall be construed to require testing of actual
emissions for determining estimated or potential emissions for a permit
application. All applicants shall report regulated pollutants as set forth in
subparagraphs 62-213.420(3)(c) 1. through 6., F.A.C.
1. Each Title V source shall identify each
regulated pollutant which the applicant knows or has reason to believe the
facility emits or has the potential to emit in a major amount. Major source
thresholds are as follows:
a. 100 tons per
year for carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide,
and volatile organic compounds,
b.
5 tons per year for lead and lead compounds expressed as lead,
c. 10 tons per year for any hazardous air
pollutant,
d. 25 tons per year for
total hazardous air pollutants; and,
e. 100 tons per year for any other regulated
pollutant.
2. Those
Title V sources which are subject to a numerical emissions limitation under any
applicable requirement, or for which a numerical emissions limitation is
included in the source's most recent operation permit, shall report and
quantify, for each emissions unit subject to the emissions limitation, all
emissions of any pollutant to which the limitation applies. The provisions of
this rule, subparagraph 62-213.420(3)(c) 2., F.A.C., shall not apply to the
reporting of radionuclides emissions or asbestos emissions resulting from
asbestos removal.
3. Each Title V
source that emits or has the potential to emit any pollutant described in
paragraphs (a) and (c), of the definition of regulated air pollutant in rule
62-210.200, F.A.C.,
shall identify, for each emissions unit, each such pollutant which the
applicant knows or has reason to believe would be emitted in an amount equal to
or greater than:
a. 5.0 tons per year for
carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and
volatile organic compounds, or
b.
500 pounds per year for lead and lead compounds expressed as lead.
4. Each Title V source that emits
or has the potential to emit any hazardous air pollutant or total hazardous air
pollutants in a major amount as set forth in subparagraph 62-213.420(3)(c) 1.,
F.A.C., or in an amount that would be a major amount but for a limitation on
emissions being requested for the first time by the applicant, shall identity,
for each emissions unit, each such pollutant which the applicant knows or has
reason to believe would be emitted in an amount equal to or greater than:
a. 1,000 pounds per year for each individual
hazardous air pollutant, or
b.
2,500 pound per year for total hazardous air pollutants.
5. Title V sources which are also subject to
the Federal Acid Rain Program shall report all emissions of sulfur dioxide and
nitrogen oxides from any affected acid rain unit in accordance with this
subsection or the reporting requirements of the Federal Acid Rain Program,
whichever are more stringent.
6.
Each Title V source that emits or has the potential to emit ammonia in an
amount greater than 250 tons per year shall identify each emissions unit that
emits or has the potential to emit ammonia in an amount equal to or greater
than 12.5 tons per year.
(d) Process and operating
information;
(e) Control equipment
information;
(f) If requested by
the Department, information concerning operations and methodology for the
development of periodic monitoring in accordance with subsection
62-213.440(4),
F.A.C. Such request must be made within 60 days of the date the application was
submitted, except as required by subparagraph 62-213.420(1)(b) 3.,
F.A.C.;
(g) Calculations;
(h) Identification of all applicable
requirements and test methods;
(i)
Limitations on source operations affecting emissions;
(j) Proposed alternate methods of
operation;
(k) Compliance
statement;
(l) Compliance schedule
and methodology, if applicable;
(m)
Reporting and recordkeeping requirements;
(n) A list of emissions units or activities
for which a determination of insignificance is requested pursuant to subsection
62-213.430(6),
F.A.C., because of size or production rate and any information needed to
demonstrate that the units or activities qualify as insignificant under the
provisions of subsection
62-213.430(6),
F.A.C.
(4) Certification
by Responsible Official. In addition to the professional engineering
certification required for applications by subsection
62-4.050(3),
F.A.C., any application form, report, compliance statement, compliance plan and
compliance schedule submitted pursuant to this chapter shall contain a
certification signed by a responsible official that, based on information and
belief formed after reasonable inquiry, the statements and information in the
document are true, accurate, and complete. Any responsible official who fails
to submit any required information or who has submitted incorrect information
shall, upon becoming aware of such failure or incorrect submittal, promptly
submit such supplementary information or corrected information.
(5) Acid Rain Part. For those facilities
subject to the Federal Acid Rain Program, any applicant that wishes separate
processing of the Acid Rain Part of a Title V permit shall request this by
application. In such case, the Department shall process separate permit parts
for the Acid Rain Part and for the remaining Title V requirements, provided
that the expiration dates of both permit parts coincide for the duration of
operation of the facility. The Department shall adjust the expiration date of
the permit parts to assure that the dates coincide, but in no case shall either
permit part duration exceed five years, per the provisions of paragraph
62-213.440(1)(a),
F.A.C. There shall be only one Acid Rain Part for each facility. Each such
permit part shall be processed as a Title V permit for purposes and
requirements of this chapter.
Notes
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.061, 403.0872 FS.
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