Fla. Admin. Code Ann. R. 62-213.430 - Permit Issuance, Renewal, and Revision
(1) Action on Application. The Department
shall issue a draft permit or a determination that the requested permit be
denied within 90 days after receipt of the latest of: the application; the last
item of information requested pursuant to paragraph
62-213.420(1)(b),
F.A.C.; or, a written request to process the application without the requested
information. If written comments received during the 30-day comment period
result in a substantial change in this draft permit, the Department shall issue
a revised draft permit within 45 days after the end of the 30-day public
comment period, unless a different time period is agreed to between the
applicant and the Department. A substantial change in a draft permit has the
same meaning as "substantially modified" under subparagraph
62-110.106(7)(a)
4., F.A.C. The Department shall issue a permit, permit revision or renewal only
after all of the following conditions have been met:
(a) The applicant has submitted a complete
application, properly certified by a responsible official as required by
subsection 62-213.420(4), F.A.C., and either all corrected and supplemental
information requested or a written request to process the application without
such information pursuant to subparagraphs 62-213.420(1)(b) 3.,
F.A.C.;
(b) The Department and the
applicant have complied with the requirements for notice and public
participation described in Rules 62-103.150 and
62-210.350,
F.A.C.;
(c) The Department has
complied with the requirements for notifying and responding to affected states
and approved local air programs pursuant to subsections
62-213.450(2)
and (3), F.A.C.;
(d) The Department has provided EPA with a
copy of the draft permit, proposed permit and any notices required under
subsections 62-213.450(1) and (2), F.A.C., and has not received written EPA
objection to issuance of the permit within the time period specified in
subsection 62-213.450(4), F.A.C. If the Department receives timely EPA
objection, the Department shall not take final action until the Department
receives written notice that the objection is resolved or withdrawn;
(e) The Department has provided a statement
to EPA setting forth the basis for the draft permit conditions, including
references to the applicable statutory or regulatory provisions.
(2) Permit Denial. If the
Department proposes to deny the permit application, the Department shall
provide the applicant an explanation of the denial in accordance with
subsection 62-4.070(6), F.A.C.
(3)
Permit Renewal and Expiration. Permits being renewed are subject to the same
requirements that apply to permit issuance at the time of application for
renewal. Permit renewal applications shall contain that information identified
in subsections
62-210.900(1),
62-213.420(3),
62-213.420(6),
and
62-213.420(7),
F.A.C. Unless a Title V source submits a timely and complete application for
permit renewal in accordance with the requirements of this rule, the existing
permit shall expire and the source's right to operate shall terminate. No Title
V permit will be issued for a new term except through the renewal
process.
(4) Permit Revision
Procedures. Permit revisions shall meet all requirements of this chapter,
including those for content of applications, public participation, review by
approved local air programs and affected States, and review by EPA, as they
apply to permit issuance and permit renewal, except that permit revisions for
those activities implemented pursuant to Rule
62-213.412,
F.A.C., need not meet the requirements of paragraph 62-213.430(1)(b), F.A.C.
The Department shall require permit revision in accordance with the provisions
of Rule
62-4.080,
F.A.C., and
40 C.F.R.
70.7(f), whenever any source
becomes subject to any condition listed at
40 C.F.R.
70.7(f)(1), hereby adopted
and incorporated by reference.
(5)
EPA Recommended Actions. Within 90 days after receipt of notification from EPA
that cause exists to modify, suspend, or revoke a permit, the Department shall
investigate and determine whether cause exists pursuant to
40 C.F.R.
70.7(f)(1), hereby adopted
and incorporated by reference, and shall forward the determination to EPA. If
cause exists, the Department shall proceed according to the requirements of
Rule 62-4.080 or
62-4.100,
F.A.C., and
40 C.F.R.
70.7(f) to modify, suspend,
or revoke the permit.
(6)
Insignificant Emissions Units or Pollutant-Emitting Activities.
(a) All requests for determination of
insignificant emissions units or activities made pursuant to paragraph
62-213.420(3)(n),
F.A.C., shall be processed in conjunction with the permit, permit renewal or
permit revision application submitted pursuant to this chapter. Insignificant
emissions units or activities shall be approved by the Department consistent
with the provisions of paragraph
62-4.040(1)(b),
F.A.C. Emissions units or activities which are added to a Title V source after
issuance of a permit under this chapter shall be incorporated into the permit
at its next renewal, provided such emissions units or activities have been
exempted from the requirement to obtain an air construction permit and also
qualify as insignificant pursuant to this rule.
(b) An emissions unit or activity shall be
considered insignificant if all of the following criteria are met:
1. Such unit or activity would be subject to
no unit-specific applicable requirement.
2. Such unit or activity, in combination with
other units and activities proposed as insignificant, would not cause the
facility to exceed any major source threshold(s) as defined in subparagraph
62-213.420(3)(c)
1., F.A.C., unless it is acknowledged in the permit application that such units
or activities would cause the facility to exceed such threshold(s).
3. Such unit or activity would neither emit
nor have the potential to emit:
a. 500 pounds
per year or more of lead and lead compounds expressed as lead;
b. 1,000 pounds per year or more of any
hazardous air pollutant;
c. 2,500
pounds per year or more of total hazardous air pollutants; or
d.5.0 tons per year or more of any other
regulated pollutant.
Notes
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