Fla. Admin. Code Ann. R. 62-296.340 - Best Available Retrofit Technology
(1) Applicability. This rule applies to all
BART-eligible sources as defined at
40 C.F.R.
51.301, adopted and incorporated by reference
at Rule 62-204.800, F.A.C. Failure of
the Department to include a particular BART-eligible source on any list of
BART-eligible sources it produces does not relieve the owner or operator of
such source from responsibility to comply with the requirements of this
rule.
(2) Definitions. For the
purposes of this rule:
(a) All definitions at
40 C.F.R.
51.301 shall apply, including the definition
of "Best Available Retrofit Technology (BART)" contained therein.
(b) The term "CAIR Program" shall mean the
requirements of 40 C.F.R.
52.540 and 52.541, adopted and incorporated
by reference at Rule 62-204.800, F.A.C., or it shall
have the meaning given at Rule
62-210.200, F.A.C., whichever is
applicable.
(c) The term "Class I
area" shall mean any mandatory Class I federal area where visibility is an
important value, as set forth at 40 C.F.R. Part 81, Subpart D, adopted and
incorporated by reference at Rule
62-204.800,
F.A.C.
(3) Requirements.
(a) Unless exempted under subsection
62-296.340(5),
F.A.C., the owner or operator of a BART-eligible source shall install, operate,
and maintain BART, as determined by the Department, for each emissions unit and
each pollutant for which a BART determination is required.
1. The Department shall determine BART for
all BART-eligible sources in accordance with the criteria of
40 C.F.R.
51.308(e) and the procedures
and guidelines contained in 40 C.F.R. Part 51, Appendix Y, each adopted and
incorporated by reference at Rule
62-204.800, F.A.C.
2. The pollutants for which a BART
determination is required are those pollutants identified as
visibility-impairing pollutants in 40 C.F.R. Part 51, Appendix Y, excluding
volatile organic compounds, ammonia, and ammonia compounds, except that:
a. A BART determination shall not be required
for sulfur dioxide or for nitrogen oxides if the BART-eligible source has the
potential to emit less than 40 tons per year of such pollutant(s), or for
PM10 if the BART-eligible source has the potential to
emit less than 15 tons per year of such pollutant.
b. A BART determination shall not be required
for sulfur dioxide or for nitrogen oxides for any electric generating unit at a
BART-eligible source that is subject to the CAIR
Program.
(b)
The Department shall articulate the basis for its BART determination(s) in an
air construction permit.
1. The owner or
operator of a BART-eligible source subject to the requirement for BART
determination under paragraph
62-296.340(3)(a),
F.A.C., shall perform a BART evaluation for each emissions unit comprising the
BART-eligible source and for each pollutant for which a BART determination is
required. The BART evaluation shall be performed in accordance with the
criteria of 40 C.F.R.
51.308(e) and the procedures
and guidelines contained in 40 C.F.R. Part 51, Appendix Y. The BART evaluation
and proposed BART determination(s) shall be submitted to the Department in an
application for an air construction permit not later than January 31,
2007.
2. The air construction
permit issued by the Department shall require the owner or operator of the
BART-eligible source to comply with BART as expeditiously as practicable, but
not later than December 31, 2013. Such permit shall also require an operation
and maintenance plan for any control equipment required by the BART
determination.
3. Before taking
final agency action on any air construction permit application to establish its
BART determination(s), the Department shall comply with all applicable
provisions of Rule 62-110.106, F.A.C., and, in its
intent to issue, provide an opportunity for public comment which shall include
at a minimum the following:
a. Pursuant to
Chapter 119, F.S., a complete file available for public inspection at its
Tallahassee offices which includes the information submitted by the owner or
operator, exclusive of confidential records under Section
403.111, F.S., and the
Department's preliminary BART determination(s);
b. A 30-day period for submittal of public
comments; and,
c. A notice, by
advertisement in a newspaper of general circulation in the county affected,
specifying the nature and location of the BART-eligible source and the location
of the information specified in sub-subparagraph
62-296.340(3)(b)
3.a., F.A.C., and notifying the public of the opportunity for submitting
comments. The notice shall be prepared by the Department and published by the
applicant in accordance with all applicable provisions of Rule
62-110.106, F.A.C., except that
the applicant shall cause the notice to be published no later than thirty (30)
days prior to final agency action.
(4) Optional Reasonable Progress Evaluation.
An electric generating unit that is part of a BART-eligible source and also
subject to the CAIR Program shall not be subject to further emissions
reductions to meet Florida's reasonable progress goal for 2018 for any Class I
area pursuant to the requirements of
40 C.F.R.
51.308(d)(1), provided that
the owner or operator:
(a) Performs a
unit-specific BART evaluation for sulfur dioxide and nitrogen oxides in
accordance with the criteria of
40 C.F.R.
51.308(e) and the procedures
and guidelines contained in 40 C.F.R. Part 51, Appendix Y, and submits such
evaluation and proposed BART-equivalent emission limitations for sulfur dioxide
and nitrogen oxides to the Department in an application for an air construction
permit; and,
(b) Accepts an air
construction permit wherein the Department establishes BART-equivalent emission
limitations for sulfur dioxide and nitrogen oxides for the unit.
(c) In establishing BART-equivalent emission
limitations pursuant to this subsection, the Department shall use the criteria
of 40 C.F.R.
51.308(e) and the procedures
and guidelines contained in 40 C.F.R. Part 51, Appendix Y, each adopted and
incorporated by reference at Rule
62-204.800, F.A.C.
(d) The air construction permit issued by the
Department shall require the owner or operator of the unit to comply with the
BART-equivalent emission limitations as expeditiously as practicable, but not
later than December 31, 2013, if the permit is issued on or before December 31,
2008; or the earlier of December 31, 2017, or the date five years after permit
issuance, if the permit is issued after December 31, 2008.
(e) Before taking final agency action on any
air construction permit application to establish its BART-equivalent emission
limitations, the Department shall provide opportunity for public comment in
accordance with the provisions of subparagraph
62-296.340(3) (b)
3., F.A.C.
(f) BART-equivalent
emission limitations for sulfur dioxide and nitrogen oxides established
pursuant to this subsection are separate and distinct from the BART
requirements of subsection
62-296.340(3),
F.A.C. Noncompliance with a BART-equivalent emission limitation established
pursuant to this subsection shall not constitute noncompliance with
BART.
(5) Exemptions.
(a) A BART-eligible source may demonstrate
that it is exempt from the requirement for BART determination for all
pollutants by documenting that:
1. The sum of
its potential emissions of sulfur dioxide, nitrogen oxides, and particulate
matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in
terms of its light extinction efficiency) is less than 500 tons per year and
the source is located greater than 50 kilometers from all Class I areas,
or
2. The sum of its potential
emissions of sulfur dioxide, nitrogen oxides, and particulate matter (expressed
as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light
extinction efficiency) is less than 1, 000 tons per year and the source is
located greater than 100 kilometers from all Class I areas.
(b) A BART-eligible source comprising only
electric generating units that are subject to the CAIR Program and other
emissions units that emit no visibility-impairing pollutants other than
particulate matter may demonstrate that it is exempt from the requirement for
BART determination for all pollutants by documenting that:
1. Its potential emissions of particulate
matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in
terms of its light extinction efficiency) are less than 500 tons per year and
the source is located greater than 50 kilometers from all Class I areas,
or
2. Its potential emissions of
particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen
oxides in terms of its light extinction efficiency) are less than 1, 000 tons
per year and the source is located greater than 100 kilometers from all Class I
areas.
(c) If unable to
claim exemption pursuant to paragraph
62-296.340(5) (a) or
(b), F.A.C., a BART-eligible source may
demonstrate that it is exempt from the requirement for BART determination for
all pollutants by performing an individual source attribution analysis in
accordance with the procedures contained in 40 C.F.R. Part 51, Appendix Y. A
BART-eligible source is exempt from BART determination requirements if its
contribution to visibility impairment, as determined below, does not exceed 0.5
deciviews above natural conditions in any Class I area.
1. For electric generating units subject to
the CAIR Program, the source attribution analysis need only consider
particulate matter emissions (including primary sulfate) for comparison with
the contribution threshold.
2. For
all other units, the source attribution analysis shall consider sulfur dioxide,
nitrogen oxides, and particulate matter emissions collectively for comparison
with the contribution threshold.
(d) If the owner or operator of a
BART-eligible source requests exemption from the requirement for BART
determination for all pollutants by submitting its source attribution analysis
or other supporting documentation to the Department not later than January 31,
2007, and the Department ultimately grants such exemption, the requirement for
submission of an air construction permit application pursuant to subparagraph
62-296.340(3)(b)
1., F.A.C., shall not apply. If the Department denies such exemption, the owner
or operator shall submit an application for air construction permit containing
a BART evaluation and proposed BART determination(s) to the Department not
later than January 31, 2007, or thirty (30) days after receipt of the
Department's denial, whichever is later.
Notes
Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS.
New 1-31-07.
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