Fla. Admin. Code R. 62-210.200
The following words and phrases when used in this chapter and in Chapters 62-204, 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:
(8) “Actual Emissions” – The actual rate of emission of a pollutant from an emissions unit as determined in accordance with the following provisions:
(22) “Applicable Requirement” – For purposes of the permitting requirements of Chapter 62-213, F.A.C., applicable requirement means all of the following as they apply to a Title V source or any emissions unit at such source:
(30) “Baseline Actual Emissions” and “Baseline Actual Emissions for PAL” – The rate of emissions, in tons per year, of a PSD pollutant, as follows:
(a) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding the date a complete permit application is received by the Department. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups and shutdowns.
2. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
3. For a PSD pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each PSD pollutant.
4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subparagraph (a)2., above.
(b) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding the date a complete permit application is received by the Department, except that the 10-year period shall not include any period earlier than November 15, 1990.
1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups and shutdowns.
2. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.
3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period.
4. For a PSD pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each PSD pollutant.
5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subparagraphs (b)2. and 3., above.
(31) “Baseline Area” –
(32) “Baseline Concentration” – For each pollutant for which a minor source baseline date is established and for each averaging time for which a maximum allowable increase is established, the ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date.
(a) The baseline concentration shall include the concentration attributable to:
1. The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided at paragraph (b), below; and,
2. The federally enforceable allowable emissions of major stationary sources on which construction commenced on or before the major source baseline date but which were not in operation by the applicable minor source baseline date.
(b) The baseline concentration shall not include the concentration attributable to the following emissions; rather, such emissions shall affect the amount of any applicable allowable increase remaining available:
1. The actual emissions from any major stationary source on which construction commenced after the major source baseline date; and,
2. Any increase or decrease in the actual emissions of facilities occurring after the applicable minor source baseline date.
(d) Notwithstanding the provisions of paragraph (b), above:
1. The change in concentration attributable to any decrease in the actual emissions of a facility on which the Department has relied in demonstrating attainment, defining reasonable further progress, or issuing a permit under the provisions of Rule 17-2.17 (repealed), 17-2.510 (transferred), 17-2.650 (transferred), 62-212.500, 62-296.500 through 62-296.570, or 62-296.700 through 62-296.712, F.A.C., shall be included in the baseline concentration and not be considered in determining the amount of any maximum allowable increase remaining available; and,
2. Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified facilities shall be excluded in determining compliance with any maximum allowable increase.
(33) “Batch Process” – A process which takes in the basic raw materials at the beginning of a cycle and processes them in accordance with a predetermined scheme during which no more basic raw materials are added to the process. Two variations include:
(b) Processes where once the materials are added, one or more products are continuously removed as the reaction progresses.
Such processes include production of super phosphate, basic oxygen furnaces, and concrete batching plants.
(34) “Best Available Control Technology” or “BACT” –
(a) An emission limitation, including a visible emissions standard, based on the maximum degree of reduction of each pollutant emitted which the Department, on a case by case basis, determines is achievable through application of production processes and available methods, systems and techniques (including fuel cleaning or treatment or innovative fuel combustion techniques) for control of each such pollutant, taking into account:
1. Energy, environmental and economic impacts, and other costs,
2. All scientific, engineering, and technical material and other information available to the Department; and,
3. The emission limiting standards or BACT determinations of Florida and any other state.
(38) “Biomedical Waste” – Any solid or liquid waste which may present a threat of infection to humans, including nonliquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following are also included:
(54) “Class I Area” – The following areas are designated as Class I areas.
(67) “Commence Construction” – As applied to the construction or modification of a facility, means that the owner has all preconstruction permits and approvals required under federal air pollution control laws and regulations and those air pollution control laws and regulations which are part of the State Implementation Plan (SIP) or which are part of Chapter 62-210 or 62-212, F.A.C., to the extent that the provisions of these laws and regulations specify conditions or requirements for obtaining a state construction permit for an emissions unit, and:
(68) “Commence Operation” –
(74) “Construction” –
(78) “Control Device” or “Control Equipment” –Device or equipment, including that used to separate entrained particulate matter or organic vapors from gases, gas separation equipment, thermal oxidation equipment, and chemical reaction/conversion equipment, which is designed and used to reduce the discharge of a specific air pollutant to the atmosphere.
(86) “Designated Representative” –
For the purposes of the Acid Rain Program, a responsible natural person authorized, by the owners and operators of an Acid Rain source and of all Acid Rain units at the source, in accordance with 40 C.F.R. Part 72, Subpart B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program.
(109) “Federally-Enforceable” – Pertaining to limitations and conditions which are enforceable by the Administrator, including any requirements developed pursuant to Title 40 of the Code of Federal Regulations, any requirements within the State Implementation Plan, and any requirements established pursuant to permits issued under:
(118) “Freeboard Height” –
(127) “Hazardous Air Pollutant (HAP)” – An air pollutant:
| CAS Number | Chemical Name | |
|---|---|---|
| 1. | 75070 | Acetaldehyde |
| 2. | 60355 | Acetamide |
| 3. | 75058 | Acetonitrile |
| 4. | 98862 | Acetophenone |
| 5. | 53963 | 2-Acetylaminofluorene |
| 6. | 107028 | Acrolein |
| 7. | 79061 | Acrylamide |
| 8. | 79107 | Acrylic acid |
| 9. | 107131 | Acrylonitrile |
| 10. | 107051 | Allyl chloride |
| 11. | 92671 | 4-Aminobiphenyl |
| 12. | 62533 | Aniline |
| 13. | 90040 | o-Anisidine |
| 14. | 0 | Antimony Compounds |
| 15. | 0 | Arsenic Compounds (inorganic including arsine) |
| 16. | 1332214 | Asbestos |
| 17. | 71432 | Benzene (including benzene from gasoline) |
| 18. | 92875 | Benzidine |
| 19. | 98077 | Benzotrichloride |
| 20. | 100447 | Benzyl chloride |
| 21. | 0 | Beryllium Compounds |
| 22. | 92524 | Biphenyl |
| 23. | 117817 | Bis (2-ethylhexyl) phthalate (DEHP) |
| 24. | 542881 | Bis (chloromethyl) ether |
| 25. | 75252 | Bromoform |
| 26. | 106990 | 1, 3-Butadiene |
| 27. | 0 | Cadmium Compounds |
| 28. | 156627 | Calcium cyanamide |
| 29. | Reserved | |
| 30. | 133062 | Captan |
| 31. | 63252 | Carbaryl |
| 32. | 75150 | Carbon disulfide |
| 33. | 56235 | Carbon tetrachloride |
| 34. | 463581 | Carbonyl sulfide |
| 35. | 120809 | Catechol |
| 36. | 133904 | Chloramben |
| 37. | 57749 | Chlordane |
| 38. | 7782505 | Chlorine |
| 39. | 79118 | Chloroacetic acid |
| 40. | 532274 | 2-Chloroacetophenone |
| 41. | 108907 | Chlorobenzene |
| 42. | 510156 | Chlorobenzilate |
| 43. | 67663 | Chloroform |
| 44. | 107302 | Chloromethyl methyl ether |
| 45. | 126998 | Chloroprene |
| 46. | 0 | Chromium Compounds |
| 47. | 0 | Cobalt Compounds |
| 48. | 0 | Coke Oven Emissions |
| 49. | 1319773 | Cresols/Cresylic acid (isomers and mixture) |
| 50. | 95487 | o-Cresol |
| 51. | 108394 | m-Cresol |
| 52. | 106445 | p-Cresol |
| 53. | 98828 | Cumene |
| 54. | 0 | Cyanide Compounds (X´ CN where X = H´ or any other group |
where
a formal dissociation may occur. For example KCN or Ca (CN) 2.)
| 55. | 94757 | 2, 4-D, salts and esters |
|---|---|---|
| 56. | 3547044 | DDE |
| 57. | 334883 | Diazomethane |
| 58. | 132649 | Dibenzofurans |
| 59. | 96128 | 1, 2-Dibromo-3-chloropropane |
| 60. | 84742 | Dibutylphthalate |
| 61. | 106467 | 1, 4-Dichlorobenzene (p) |
| 62. | 91941 | 3, 3-Dichlorobenzidene |
| 63. | 111444 | Dichloroethyl ether (Bis (2-chloroethyl) ether) |
| 64. | 542756 | 1, 3-Dichloropropene |
| 65. | 62737 | Dichlorvos |
| 66. | 111422 | Diethanolamine |
| 67. | 121697 | N, N-Diethyl aniline (N, N-Dimethylaniline) |
| 68. | 64675 | Diethyl sulfate |
| 69. | 119904 | 3, 3-Dimethoxybenzidine |
| 70. | 60117 | Dimethyl aminoazobenzene |
| 71. | 119937 | 3, 3-Dimethyl benzidine |
| 72. | 79447 | Dimethyl carbamoyl chloride |
| 73. | 68122 | Dimethyl formamide |
| 74. | 57147 | 1, 1-Dimethyl hydrazine |
| 75. | 131113 | Dimethyl phthalate |
| 76. | 77781 | Dimethyl sulfate |
| 77. | 534521 | 4, 6-Dinitro-o-cresol, and salts |
| 78. | 51285 | 2, 4-Dinitrophenol |
| 79. | 121142 | 2, 4-Dinitrotoluene |
| 80. | 123911 | 1, 4-Dioxane (1, 4-Diethyleneoxide) |
| 81. | 122667 | 1, 2-Diphenylhydrazine |
| 82. | 106898 | Epichlorohydrin (1-Chloro-2, 3-epoxypropane) |
| 83. | 106887 | 1, 2-Epoxybutane |
| 84. | 140885 | Ethyl acrylate |
| 85. | 100414 | Ethyl benzene |
| 86. | 51796 | Ethyl carbamate (Urethane) |
| 87. | 75003 | Ethyl chloride (Chloroethane) |
| 88. | 106934 | Ethylene dibromide (Dibromoethane) |
| 89. | 107062 | Ethylene dichloride (1, 2-Dichloroethane) |
| 90. | 107211 | Ethylene glycol |
| 91. | 151564 | Ethylene imine (Aziridine) |
| 92. | 75218 | Ethylene oxide |
| 93. | 96457 | Ethylene thiourea |
| 94. | 75343 | Ethylidene dichloride (1, 1-Dichloroethane) |
| 95. | 50000 | Formaldehyde |
| 96. | 0 | Glycol ethers (Includes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2) n -OR' where n =1, 2, or 3; R = alkyl C7 or less; or R = phenyl or alkyl substituted phenyl; R' = H or alkyl C7 or less; or OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. Excludes ethylene glycol monobutyl ether (EGBE, 2 ‒ Butoxyethanol ‒ CAS Number 111-76-2). |
| 97. | 76448 | Heptachlor |
| 98. | 118741 | Hexachlorobenzene |
| 99. | 87683 | Hexachlorobutadiene |
| 100. | 77474 | Hexachlorocyclopentadiene |
| 101. | 67721 | Hexachloroethane |
| 102. | 822060 | Hexamethylene-1, 6-diisocyanate |
| 103. | 680319 | Hexamethylphosphoramide |
| 104. | 110543 | Hexane |
| 105. | 302012 | Hydrazine |
| 106. | 7647010 | Hydrochloric acid |
| 107. | 7664393 | Hydrogen fluoride (Hydrofluoric acid) |
| 108. | 123319 | Hydroquinone |
| 109. | 78591 | Isophorone |
| 110. | 0 | Lead Compounds |
| 111. | 58899 | Lindane (all isomers) |
| 112. | 108316 | Maleic anhydride |
| 113. | 0 | Manganese Compounds |
| 114. | 0 | Mercury Compounds |
| 115. | 67561 | Methanol |
| 116. | 72435 | Methoxychlor |
| 117. | 74839 | Methyl bromide (Bromomethane) |
| 118. | 74873 | Methyl chloride (Chloromethane) |
| 119. | 71556 | Methyl chloroform (1, 1, 1-Trichloroethane) |
| 120. | Reserved | |
| 121. | 60344 | Methyl hydrazine |
| 122. | 74884 | Methyl iodide (Iodomethane) |
| 123. | 108101 | Methyl isobutyl ketone (Hexone) |
| 124. | 624839 | Methyl isocyanate |
| 125. | 80626 | Methyl methacrylate |
| 126. | 1634044 | Methyl tert butyl ether |
| 127. | 101144 | 4, 4-Methylene bis (2-chloroaniline) |
| 128. | 75092 | Methylene chloride (Dichloromethane) |
| 129. | 101688 | Methylene diphenyl diisocyanate (MDI) |
| 130. | 101779 | 4, 4-Methylenedianiline |
| 131. | 0 | Mineral fibers (fine), includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less. |
| 132. | 91203 | Naphthalene |
| 133. | 0 | Nickel Compounds |
| 134. | 98953 | Nitrobenzene |
| 135. | 92933 | 4-Nitrobiphenyl |
| 136. | 100027 | 4-Nitrophenol |
| 137. | 79469 | 2-Nitropropane |
| 138. | 684935 | N-Nitroso-N-methylurea |
| 139. | 62759 | N-Nitrosodimethylamine |
| 140. | 59892 | N-Nitrosomorpholine |
| 141. | 56382 | Parathion |
| 142. | 82688 | Pentachloronitrobenzene (Quintobenzene) |
| 143. | 87865 | Pentachlorophenol |
| 144. | 108952 | Phenol |
| 145. | 106503 | p-Phenylenediamine |
| 146. | 75445 | Phosgene |
| 147. | 7803512 | Phosphine |
| 148. | 7723140 | Phosphorus |
| 149. | 85449 | Phthalic anhydride |
| 150. | 1336363 | Polychlorinated biphenyls (Aroclors) |
| 151. | 0 | Polycyclic organic matter (includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100º C) |
| 152. | 1120714 | 1, 3-Propane sultone |
| 153. | 57578 | beta-Propiolactone |
| 154. | 123386 | Propionaldehyde |
| 155. | 114261 | Propoxur (Baygon) |
| 156. | 78875 | Propylene dichloride (1, 2-Dichloropropane) |
| 157. | 75569 | Propylene oxide |
| 158. | 75558 | 1, 2-Propylenimine (2-Methyl aziridine) |
| 159. | 91225 | Quinoline |
| 160. | 106514 | Quinone |
| 161. | 0 | Radionuclides (including radon), a type of atom which spontaneously undergoes radioactive decay |
| 162. | 0 | Selenium Compounds |
| 163. | 100425 | Styrene |
| 164. | 96093 | Styrene oxide |
| 165. | 1746016 | 2, 3, 7, 8- Tetrachlorodibenzo-p-dioxin |
| 166. | 79345 | 1, 1, 2, 2- Tetrachloroethane |
| 167. | 127184 | Tetrachloroethylene (Perchloroethylene) |
| 168. | 7550450 | Titanium tetrachloride |
| 169. | 108883 | Toluene |
| 170. | 95807 | 2, 4-Toluene diamine |
| 171. | 584849 | 2, 4-Toluene diisocyanate |
| 172. | 95534 | o-Toluidine |
| 173. | 8001352 | Toxaphene (chlorinated camphene) |
| 174. | 120821 | 1, 2, 4-Trichlorobenzene |
| 175. | 79005 | 1, 1, 2-Trichloroethane |
| 176. | 79016 | Trichloroethylene |
| 177. | 95954 | 2, 4, 5-Trichlorophenol |
| 178. | 88062 | 2, 4, 6-Trichlorophenol |
| 179. | 121448 | Triethylamine |
| 180. | 1582098 | Trifluralin |
| 181. | 540841 | 2, 2, 4-Trimethylpentane |
| 182. | 108054 | Vinyl acetate |
| 183. | 593602 | Vinyl bromide |
| 184. | 75014 | Vinyl chloride |
| 185. | 75354 | Vinylidene chloride (1, 1-Dichloroethylene) |
| 186. | 1330207 | Xylenes (isomers and mixtures) |
| 187. | 95476 | o-Xylenes |
| 188. | 108383 | m-Xylenes |
| 189. | 106423 | p-Xylenes |
(153) “Major Modification” –
(c) A physical change or change in the method of operation shall not include:
1. Routine maintenance, repair and replacement.
2. Use of an alternative fuel or raw material by reason of an order under Sections 2 (a) and (b), of the Energy Supply and Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.
3. Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act.
4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.
5. Use of an alternative fuel or raw material by a stationary source which:
a. The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, or
b. The source is approved to use under any federally enforceable permit condition issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166.
6. An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975.
7. Any change in ownership at a stationary source.
8. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
a. The State Implementation Plan; and,
b. Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.
9. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.
10. The reactivation of a very clean coal-fired electric utility steam generating unit.
(154) “Major Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(i), adopted and incorporated by reference at Rule 62-204.800, F.A.C.:
(155) “Major Source of Air Pollution,” “Major Source,” or “Title V Source” – A facility containing an emissions unit, or any group of emissions units, which is or includes any of the following:
(b) An emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, that directly emits or has the potential to emit, 100 tons per year or more, except as otherwise provided for in 40 C.F.R. 70 as adopted and incorporated by reference at Rule 62-204.800, F.A.C., of any regulated air pollutant. The fugitive emissions of an emissions unit or group of emissions units shall not be considered in determining whether it is a Title V source for purposes of this paragraph unless the emissions unit or group of emissions units belongs to one of the following categories:
1. Coal cleaning plants (with thermal dryers),
2. Kraft pulp mills,
3. Portland cement plants,
4. Primary zinc smelters,
5. Iron and steel mills,
6. Primary aluminum ore reduction plants,
7. Primary copper smelters,
8. Municipal incinerators capable of charging more than 250 tons of refuse per day,
9. Hydrofluoric, sulfuric, or nitric acid plants,
10. Petroleum refineries,
11. Lime plants,
12. Phosphate rock processing plants,
13. Coke oven batteries,
14. Sulfur recovery plants,
15. Carbon black plants (furnace process),
16. Primary lead smelters,
17. Fuel conversion plant,
18. Sintering plants,
19. Secondary metal production plants,
20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140),
21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input,
22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels,
23. Taconite ore processing plants,
24. Glass fiber processing plants,
25. Charcoal production plants,
26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input,
27. Any other stationary source category, which as of August 7, 1980, is being regulated under Section 111 or 112 of the Act,
(d) A major stationary source as described in Part D of Title I of the Federal Clean Air Act which includes:
1. For ozone nonattainment areas, an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit 100 tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or “moderate,” fifty (50) tons per year or more in areas classified as “serious,” twenty-five (25) tons per year or more in areas classified as “severe,” and ten (10) tons per year or more in areas classified as “extreme,” except that the references in the clause of 100, fifty (50), twenty-five (25), and ten (10) tons per year of nitrogen oxides shall not apply with respect to any source for which EPA has made in finding, under 42 U.S.C.§7511a(f)(a) or (2), that requirements under 42 U.S.C. §7511a(f) do not apply,
2. For ozone transport regions established pursuant to 42 U.S.C. §7511c, an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit fifty (50) tons per year or more of volatile organic compounds (VOCs),
3. For carbon monoxide nonattainment areas (i) that are classified as “serious,” and (ii) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by EPA, an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit fifty (50) tons per year or more of carbon monoxide,
4. For particulate matter (PM10) nonattainment areas classified as “serious,” an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit seventy (70) tons or more per year of PM10,
(f) An emissions unit or group of emissions units with one (1) or more emissions units subject to standards or regulations promulgated under 40 C.F.R. Part 60, 61 or 63, adopted and incorporated by reference at Rule 62-204.800, F.A.C., however, such emissions unit or group of emissions units is not a Title V source solely because:
1. It is subject to a reporting requirement,
2. It is subject to 40 C.F.R. Part 61, Subpart M – National Emission Standard for Asbestos Section 61.145, Standard for Demolition and Renovation, adopted and incorporated by reference at Rule 62-204.800, F.A.C.,
3. It is subject to a standard or regulation promulgated under 40 C.F.R. Part 60, adopted and incorporated by reference at Rule 62-204.800, F.A.C., unless such standard or regulation specifies that the emission unit or group of emissions units requires a Title V permit, or
4. It is subject to an area source standard or regulation promulgated under 40 C.F.R. Part 61 or 63, adopted and incorporated by reference at Rule 62-204.800, F.A.C., unless such standard or regulation specifies that the emission unit or group of emissions units requires a Title V permit.
(156) “Major Stationary Source” –
(a) A major stationary source is:
1. Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any PSD pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140), fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants,
2. Any stationary source which emits, or has the potential to emit, 250 tons per year or more of a PSD pollutant, or
3. Any physical change that would occur at a stationary source not otherwise qualifying as a major stationary source, if the change would constitute a major stationary source by itself.
(c) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this definition whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:
1. Coal cleaning plants (with thermal dryers),
2. Kraft pulp mills,
3. Portland cement plants,
4. Primary zinc smelters,
5. Iron and steel mills,
6. Primary aluminum ore reduction plants,
7. Primary copper smelters,
8. Municipal incinerators capable of charging more than 250 tons of refuse per day,
9. Hydrofluoric, sulfuric, or nitric acid plants,
10. Petroleum refineries,
11. Lime plants,
12. Phosphate rock processing plants,
13. Coke oven batteries,
14. Sulfur recovery plants,
15. Carbon black plants (furnace process),
16. Primary lead smelters,
17. Fuel conversion plants,
18. Sintering plants,
19. Secondary metal production plants,
20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140),
21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input,
22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels,
23. Taconite ore processing plants,
24. Glass fiber processing plants,
25. Charcoal production plants,
26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and,
27. Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act.
(163) “Minor Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(ii), adopted and incorporated by reference at Rule 62-204.800, F.A.C., the minor source baseline date for each pollutant for which maximum allowable increases have been established is as follows:
(165) “Modification” – Any physical change in, change in the method of operation of, or addition to a facility which would result in an increase in the actual emissions of any air pollutant subject to regulation under the Act, including any not previously emitted, from any emissions unit or facility.
(a) A physical change or change in the method of operation shall not include:
1. Routine maintenance, repair, or replacement of component parts of an emissions unit, or
2. A change in ownership of an emissions unit or facility.
(168) “Net Emissions Increase” –
(a) With respect to any PSD pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero (0):
1. The increase in emissions from a particular physical change or change in the method of operation as calculated pursuant to paragraph 62-212.400(2)(a), F.A.C.; and,
2. Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are creditable. Baseline actual emissions for calculating increases and decreases under this subparagraph shall be determined as provided by the definition of “baseline actual emissions,” except that subparagraphs (a)3. and (b)4., of such definition shall not apply.
(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:
1. The date five years before construction on the particular change commences; and,
2. The date that the increase from the particular change occurs.
(f) A decrease in actual emissions is creditable only to the extent that:
1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions,
2. It is federally enforceable as a practical matter at and after the time that actual construction on the particular change begins; and,
3. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
(193) “Particulate Matter” –
(199) “PM10” –
(200) “PM2.5” –
(201) “Pollution Control Project” – Any activity or project undertaken at an existing electric utility steam generating unit for purposes of reducing emissions from such unit. Such activities or projects are limited to:
(208) “Projected Actual Emissions” – The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a PSD pollutant in any one of the 5 years following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that PSD pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. One year is one 12-month period. In determining the projected actual emissions, the Department:
(212) “PSD Pollutant” –
(218) “Regulated Air Pollutant” –
(224) “Responsible Official” – One of the following:
(236) “Significant Emissions Rate” –
(a) With respect to any emissions increase or any net emissions increase, or the potential of a facility to emit any of the following pollutants, significant emissions rate means a rate of pollutant emissions that would equal or exceed:
1. A rate listed at 40 CFR 52.21(b)(23)(i), adopted and incorporated by reference at Rule 62-204.800, F.A.C.; specifically, any of the following rates:
a. Carbon monoxide: 100 tons per year (tpy),
b. Nitrogen oxides: 40 tpy,
c. Sulfur dioxide: 40 tpy,
d. Particulate matter: 25 tpy,
e. PM10: 15 tpy,
f. PM2.5: 10 tpy of direct PM2.5 emissions, 40 tpy of sulfur dioxide emissions, or 40 tpy of nitrogen oxides emissions,
g. Ozone: 40 tpy of volatile organic compounds or nitrogen oxides,
h. Lead: 0.6 tpy,
i. Fluorides: 3 tpy,
j. Sulfuric acid mist: 7 tpy,
k. Hydrogen sulfide (H2S): 10 tpy,
l. Total reduced sulfur (including H2S): 10 tpy,
m. Reduced sulfur compounds (including H2S): 10 tpy,
n. Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10-6 megagrams per year (3.5 × 10-6 tons per year),
o. Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year),
p. Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year),
q. Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year), or
2. A rate previously listed at Table 62-212.400-2; specifically, Mercury: 0.1 tpy.
(237) “Significant Impact” – An impact of emissions on ambient air quality in excess of any of the following pollutant-specific concentration values:
(a) Sulfur Dioxide.
1. Maximum three-hour concentration not to be exceeded more than once per year – 25.0 micrograms per cubic meter.
2. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic meter for Class I areas; 5.0 micrograms per cubic meter for all other areas.
3. Annual arithmetic mean – 1.0 microgram per cubic meter.
(b) PM10.
1. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic meter for Class I areas; 5.0 micrograms per cubic meter for all other areas.
2. Annual arithmetic mean – 1.0 microgram per cubic meter.
(c) PM2.5.
1. Maximum 24-hour concentration not to be exceeded more than once per year – 0.07 micrograms per cubic meter for Class I areas; 1.2 micrograms per cubic meter for all other areas.
2. Annual arithmetic mean – 0.06 micrograms per cubic meter for Class I areas; 0.3 micrograms per cubic meter for all other areas.
(d) Nitrogen Dioxide.
Annual arithmetic mean – 1.0 microgram per cubic meter.
(e) Carbon Monoxide.
1. Maximum one-hour concentration not to be exceeded more than once per year – 2.0 milligrams per cubic meter.
2. Maximum eight-hour concentration not to be exceeded more than once per year – 0.5 milligram per cubic meter.
(239) “Small Business Stationary Source” – Either paragraph (a) or (b), as follows:
(a) A facility which:
1. Is owned or operated by a person who employs 100 or fewer individuals,
2. Is a small business concern as defined in 15 U.S.C. s. 632,
3. Is other than a major stationary source within the meaning of 42 U.S.C. s. 7602(j), and is other than a major emitting facility within the meaning of 42 U.S.C. s. 7479, and is other than a major stationary source within the meaning of 42 U.S.C. s. 7503,
4. Emits less than 50 tons per year of any regulated pollutant; and,
5. Emits less than 75 tons per year of all regulated pollutants, or
(b) A facility which:
1. Is owned or operated by a person that employs 100 or fewer individuals,
2. Is a small business concern as defined in 15 U.S.C. s. 632; and,
3. Emits not more than 100 tons per year of all regulated air pollutants and demonstrates compliance with the requirements of paragraph 62-210.220(2)(b), F.A.C., including all the requirements of subparagraphs 62-210.220(2)(b)1. through 9., F.A.C.
(272) “Unit-Specific Applicable Requirement” – For purposes of the permitting requirements of Chapter 62-213, F.A.C., a unit-specific applicable requirement means any applicable requirement that applies specifically to a given emissions unit; however, applicable requirements which are not considered unit-specific applicable requirements include the following:
(273) “Unit-Specific Limitation or Requirement” – For purposes of the air construction and air operation permitting requirements of Chapters 62-210 and 62-212, F.A.C., and for purposes of the air general permit provisions and air permitting exemption criteria of Chapter 62-210, F.A.C., a unit-specific limitation or requirement means any limitation or requirement that applies specifically to a given emissions unit, including a PAL; however, limitations and requirements which are not considered unit-specific limitations or requirements for these purposes include the following:
(b) Any limitation or requirement under any of the following EPA regulations adopted and incorporated by reference at Rule 62-204.800, F.A.C.
1. 40 CFR Part 61, Subpart M – National Emission Standard for Asbestos, Section 61.145, Standard for Demolition and Renovation.
2. Any subpart of 40 C.F.R. Part 60, 61, or 63 that imposes nothing more than a recordkeeping or reporting requirement on an emissions unit.
Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.8055 FS. History–Formerly 17-2.100, Amended 2-9-93, 11-28-93, Formerly 17-210.200, Amended 11-23-94, 4-18-95, 1-2-96, 3-13-96, 3-21-96, 8-15-96, 10-7-96, 10-15-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 2-19-03, 4-1-05, 7-6-05, 2-2-06, 4-1-06, 9-4-06, 9-6-06, 1-10-07, 5-9-07, 7-16-07, 3-16-08, 10-12-08, 6-29-09, 3-11-10, 6-29-11, 12-4-11, 3-28-12, 10-23-13, 8-25-14, 4-26-17, 7-3-18, 9-29-20.