Fla. Admin. Code Ann. R. 62-213.440 - Permit Content
(1) Standard
Permit Requirements. Each permit issued under this chapter shall incorporate
all applicable requirements for the Title V source and for each method of
operation proposed by the applicant and approved by the Department. Each such
permit shall include all emission limitations and standards, including those
operational requirements and limitations that assure compliance with all
applicable requirements, with citation to the Department's rule authority for
each term or condition, and identification of any difference in form from the
applicable requirement upon which the term or condition is based. However, when
there are multiple, redundant, or conflicting applicable requirements, these
provisions can be reduced to a single streamlined term or condition that is the
most stringent of the multiple applicable requirements. In addition, the
Department shall label permit terms or conditions "not federally enforceable"
consistent with 40 C.F.R.
70.6(b)(2), adopted and
incorporated by reference at Rule
62-204.800, F.A.C. Emissions
units or pollutant-emitting activities within a Title V source determined to be
insignificant pursuant to subsection
62-213.430(6),
F.A.C., shall be identified. Whenever any condition or requirement of a Title V
permit is added, changed, or deleted during the term of the permit, any such
previous condition shall be documented with the permit for the duration of the
term and any such new or changed condition shall include a condition effective
date.
(a) Permit Duration. Permits for
sources subject to the Federal Acid Rain Program shall be issued for terms of
five years, provided that the initial Acid Rain Part may be issued for a term
less than five years where necessary to coordinate the term of such part with
the term of a Title V permit to be issued to the source. Operation permits for
Title V sources may not be extended as provided in subsection
62-4.080(3),
F.A.C., if such extension will result in a permit term greater than five
years.
(b) Monitoring and Related
Recordkeeping and Reporting Requirements.
1.
Each permit shall specify the following requirements with respect to
monitoring:
a. Emissions monitoring and
analysis procedures or test methods specified by applicable requirements
including 40 C.F.R. 64, Compliance Assurance Monitoring, adopted and
incorporated by reference at subsection
62-204.800, F.A.C.;
b. Periodic monitoring sufficient to yield
reliable data from the relevant time period and that are representative of the
source's compliance with the permit, as required by
40 C.F.R.
70.6(a)(3)(i)(B), adopted
and incorporated by reference at Rule
62-204.800, F.A.C. Periodic
monitoring shall assure use of recordkeeping terms, test methods, units,
averaging periods, or other statistical conventions consistent with the
applicable requirement, as specified in subsection
62-213.440(4),
F.A.C.; and,
c. Requirements
concerning the use, maintenance, and installation of monitoring equipment or
methods.
2. The permit
shall incorporate all applicable recordkeeping requirements including:
a. Records of monitoring information that
specify the date, place, and time of sampling or measurement and the operating
conditions at the time of sampling or measurement, the date(s) analyses were
performed, the company or entity that performed the analyses, the analytical
techniques or methods used, and the results of such analyses,
b. Retention of records of all monitoring
data and support information for a period of at least 5 years from the date of
the monitoring sample, measurement, report, or application. Support information
includes all calibration and maintenance records and all original strip-chart
recordings for continuous monitoring instrumentation, and copies of all reports
required by the permit.
3. Each permit shall incorporate reporting
requirements as follows:
a. The permittee
shall monitor compliance with the terms and conditions of this permit and shall
submit reports at least every 6 months. Each semi-annual report shall cover the
6-month periods of January 1 - June 30 and July 1 - December 31. The reports
shall be submitted by the 60th day following the end of each calendar half
(i.e., March 1st and August 29th of every year). All instances of deviations
from permit requirements (including conditions in the referenced Appendices)
must be clearly identified in such reports. If there are no deviations during
the reporting period, the report shall indicate no deviation.
b. Reporting, in accordance with requirements
of subsection 62-210.700(5),
and Rule 62-4.130, F.A.C., of deviations
from permit requirements, including those attributable to upset conditions as
defined in the permit. Reports shall include the probable cause of such
deviations, and any corrective actions or preventive measures taken.
c. All reports shall be accompanied by a
certification by a responsible official, pursuant to subsection
62-213.420(4),
F.A.C.
(c)
Emission Allowances. The Acid Rain Part of a Title V permit shall include a
permit condition prohibiting emissions exceeding any allowances that the source
lawfully holds under the Federal Acid Rain Program. The source may not,
however, use allowances as a defense to noncompliance with any other applicable
requirement.
1. No permit revision shall be
required for increases in emissions that are authorized by allowances acquired
pursuant to the Federal Acid Rain Program, provided that such increases do not
require a permit revision pursuant to Rule
62-213.400, F.A.C.
2. No limit shall be placed on the number of
allowances held by the source under the Federal Acid Rain Program.
3. Allowances shall be accounted for under
the Federal Acid Rain Program.
(d) In addition to the requirements stated
above, each Title V permit shall include all of the following:
1. A statement that if any portion of the
final permit is invalidated, the remainder of the permit shall remain in
effect,
2. Identification of
fugitive emissions and source-wide emissions in the same manner as stack
emissions, regardless of whether or not the Title V source is specifically
listed in paragraph (b), of the definition of major source of air pollution at
Rule 62-210.200, F.A.C.,
3. A statement that it shall not be a defense
for a permittee in an enforcement action that maintaining compliance with any
permit condition would necessitate halting of or reduction of the source
activity,
4. A statement that any
Title V source shall comply with all the terms and conditions of the existing
permit until the Department has taken final action on any permit renewal or any
requested permit revision, except as provided at subsection
62-213.412(2),
F.A.C.,
5. A statement that a
situation arising from sudden and unforeseeable events beyond the control of
the source which causes an exceedance of a technology-based emissions
limitation because of unavoidable increases in emissions attributable to the
situation and which requires immediate corrective action to restore normal
operation, shall be an affirmative defense to an enforcement action in
accordance with the provisions and requirements of
40 C.F.R.
70.6(g)(2) and (3), hereby
adopted and incorporated by reference,
6. A statement that any permittee may claim
confidentiality of any data or other information by complying with subsection
62-213.420(2),
F.A.C.
(2)
Compliance Requirements. For each applicable requirement for which one or more
units within a source is not in compliance at the time of application for any
permit, permit renewal or permit revision, and for which that unit has not come
into compliance at the date of issuance of the draft permit, the draft permit
shall contain:
(a) A provision that the source
shall meet measurable and enforceable milestones on no less than a semiannual
basis until compliance is achieved and demonstrated to the Department. Each
source shall notify the Department in writing, within 15 days after the date
specified for completion of each milestone, to include the achievement of
compliance, of progress achieved, requirements met, requirements not met,
corrective measures adopted and an explanation of any measures not met by the
completion date for the milestone or for compliance. All reports shall be
accompanied by a certification, signed by a responsible official, in accordance
with subsection 62-213.420(4),
F.A.C.
(b) A provision requiring
the source to be in compliance by the date specified in the
permit.
(3) Statement of
Compliance.
(a) For each applicable
requirement, the permit shall contain:
1. A
provision for assessing or monitoring compliance for each unit within the
source,
2. A requirement that the
source submit a Statement of Compliance with all terms and conditions of the
permit that includes all the provisions of
40 C.F.R.
70.6(c)(5)(iii),
incorporated by reference at Rule
62-204.800, F.A.C. Such
statements shall be accompanied by certification in accordance with subsection
62-213.420(4),
F.A.C., for Title V requirements, and with Rule
62-214.350, F.A.C., for Acid
Rain requirements. Such statement shall be submitted (postmarked) to the
Department and EPA:
a. Annually, within 60
days after the end of each calendar year during which the Title V permit was
effective, or more frequently if specified by subsection
62-213.440(2),
F.A.C., or by any other applicable requirement; and,
b. Within 60 days after submittal of a
written agreement for transfer of responsibility as required pursuant to
40 C.F.R.
70.7(d)(1)(iv), adopted and
incorporated by reference at Rule
62-204.800, F.A.C., or within 60
days after permanent shutdown of a facility permitted under this chapter;
provided that, in either such case, the reporting period shall be the portion
of the calendar year the permit was effective up to the date of transfer of
responsibility or permanent facility shutdown, as
applicable,
3. In lieu of
requiring a responsible official to individually identify all applicable
requirements and specify times of compliance with, noncompliance with, and
deviation from each, a provision that a responsible official may use the
Statement of Compliance Form (DEP Form No
62-213.440), herein adopted and
incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12777),
effective April, 2021, as such statement of compliance so long as the
responsible official specifically identifies all reportable deviations from and
all instances of non-compliance with any applicable requirements and includes
all information required by the federal regulation relating to each reportable
deviation and instance of non-compliance.
(b) For purposes of the Statement of
Compliance required at paragraph
62-213.440(3)(a),
F.A.C., a responsible official may treat compliance with all other applicable
requirements as a surrogate for compliance with subsection
62-296.320(2),
F.A.C., Objectionable Odor Prohibited.
(4) Periodic Monitoring.
(a) Periodic monitoring sufficient to satisfy
the requirements of sub-subparagraph
62-213.440(1)(b)
1.b., F.A.C., shall assure the use of recordkeeping terms, test methods, units,
averaging periods, or other statistical conventions which yield reliable data
and are consistent with the applicable requirement, representative of the
emissions unit's actual performance, and sufficient to indicate whether the
unit remains in compliance. All periodic monitoring data must be retained in
accordance with sub-subparagraph
62-213.440(1)(b)
2.b., F.A.C. When existing reporting, recordkeeping and testing requirements
yield reliable data that are both representative of the unit's actual
performance and sufficient to indicate whether the unit remains in compliance
with an applicable requirement, additional periodic monitoring shall not be
required for that applicable requirement.
(b) Monitoring performed pursuant to any of
the following satisfies periodic monitoring for that applicable requirement:
1. Emission limitations or standards proposed
and promulgated by the U.S. Environmental Protection Agency after November 15,
1990, pursuant to section 111 or 112 of the Clean Air Act. The emission
limitations or standards include:
a. 40 C.F.R.
60 (New Source Performance Standards and Emission Guidelines for Existing
Sources),
b. 40 C.F.R. 61 (National
Emission Standards for Hazardous Air Pollutants); and,
c. 40 C.F.R. 63 (National Emission Standards
for Hazardous Air Pollutants),
2. Acid Rain Program requirements pursuant to
sections 404, 405, 406, 407(a), 407(b), or 410 of the Clean Air Act. The
requirements include continuous monitoring system requirements established
pursuant to 40 C.F.R. 75 ;
3.
Emission limits or standards for which monitoring requirements are established
pursuant to 40 C.F.R. 64 (Compliance Assurance Monitoring);
4. Emission limitations or standards for
which a Title V permit specifies a continuous compliance determination method,
as defined in 40 C.F.R.
64.1, adopted and incorporated by reference
at Rule 62-204.800, F.A.C., unless such
compliance method includes an assumed control device emission reduction factor
that could be affected by the actual operation and maintenance of the control
device.
Notes
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS.
New 11-28-93, Amended 4-17-94, Formerly 17-213.440, Amended 11-23-94, 4-18-95, 3-13-96, 3-20-96, 11-13-97, 4-7-98, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10, 6-29-11, 4-8-21.
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