Fla. Admin. Code R. 62-210.350
(1) Public Notice of Proposed Agency Action.
(a) A notice of proposed agency action on permit application, where the proposed agency action is to issue the permit, shall be published by any applicant for:
1. An air construction permit,
2. An air operation permit, permit renewal or permit revision subject to paragraph 62-210.300(2)(b), F.A.C., (i.e., a FESOP), except as provided in sub-subparagraph 62-210.300(2)(b)1.b., F.A.C., or
3. An air operation permit, permit renewal, or permit revision subject to Chapter 62-213, F.A.C., except Title V air general permits and those permit revisions meeting the requirements of subsection 62-213.412(1), F.A.C.
(2) Additional Public Notice Requirements for Emissions Units Subject to Prevention of Significant Deterioration or Nonattainment-Area Preconstruction Review.
(a) Before taking final agency action on a construction permit application for any proposed new or modified facility or emissions unit subject to the preconstruction review requirements of Rule 62-212.400 or 62-212.500, F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:
1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., and the Department’s analysis of the effect of the proposed construction or modification on ambient air quality, including the Department’s preliminary determination of whether the permit should be approved or disapproved,
2. A 30-day period for submittal of public comments; and,
3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed facility or emissions unit, whether BACT or LAER has been determined, the degree of PSD increment consumption expected, if applicable, and the location of the information specified in subparagraph 1., above; and notifying the public of the opportunity for submitting comments and requesting a public hearing.
(h) For a proposed new or modified emissions unit which would be located within 100 kilometers of any Federal Class I area or whose emissions may affect any Federal Class I area, and which would be subject to the preconstruction review requirements of Rule 62-212.400 or 62-212.500, F.A.C.:
1. The Department shall mail or transmit to the Administrator a copy of the initial application for an air construction permit and notice of every action related to the consideration of the permit application.
2. The Department shall mail or transmit to the Federal Land Manager of each affected Class I area a copy of any written notice of intent to apply for an air construction permit; the initial application for an air construction permit, including all required analyses and demonstrations; any subsequently submitted information related to the application; the preliminary determination and notice of proposed agency action on the permit application; and any petition for an administrative hearing regarding the application or the Department’s proposed action. Each such document shall be mailed or transmitted to the Federal Land Manager within fourteen (14) days after its receipt by the Department.
(3) Additional Public Notice Requirements for Facilities Subject to Operation Permits for Title V Sources.
(a) Before taking final agency action to issue a new, renewed, or revised air operation permit subject to Chapter 62-213, F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:
1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S.; and,
2. A 30-day period for submittal of public comments.
(c) The notice shall identify:
1. The facility,
2. The name and address of the office at which processing of the permit occurs,
3. The activity or activities involved in the permit action,
4. The emissions change involved in any permit revision,
5. The name, address, and telephone number of a Department representative from whom interested persons may obtain additional information, including copies of the permit draft, the application, and all relevant supporting materials, including any permit application, compliance plan, permit, monitoring report, and compliance statement required pursuant to Chapter 62-213, F.A.C., (except for information entitled to confidential treatment pursuant to Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision,
6. A brief description of the comment procedures required by subsection 62-210.350(3), F.A.C.,
7. The time and place of any hearing (public meeting) that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled); and,
8. The procedures by which persons may petition the Administrator to object to the issuance of the proposed permit after expiration of the Administrator’s 45-day review period.
(4) Additional Public Notice Requirements for Facilities Subject to Federally Enforceable State Operation Permits (FESOPs) for Non-Title V Sources.
(a) Before taking final agency action to issue a new, renewed (if materially changed), or revised air operation permit pursuant to paragraph 62-210.300(2)(b), F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:
1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S.,
2. A 14-day period for submittal of public comments; and,
3. A notice, by advertisement in a newspaper of general circulation in the county affected, containing the information specified in paragraph 62-210.350(4)(c), F.A.C., except as provided in subparagraph 62-210.300(2)(b)3., F.A.C.
(c) The notice shall identify:
1. The facility,
2. The name and address of the office at which processing of the permit occurs,
3. The activity or activities involved in the permit action,
4. The emissions change involved in any permit revision,
5. The name, address, and telephone number of a Department representative from whom interested persons may obtain additional information, including copies of the permit draft, the application, and all relevant supporting materials, including any permit application (except for information entitled to confidential treatment pursuant to Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision,
6. A brief description of the comment procedures required by subsection 62-210.350(4), F.A.C.; and,
7. The time and place of any hearing that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled).
(5) Additional Public Notice Requirements for Emissions Units Subject to the Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act section 112(g).
(a) Before taking final agency action on any air construction permit application for a proposed new or reconstructed facility or emissions unit subject to the preconstruction review requirements of subparagraph 62-204.800(11)(d)2., F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include at a minimum the following:
1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., including the Department’s proposed MACT determination and preliminary determination of whether the permit should be approved or disapproved;
2. A 30-day period for submittal of public comments; and,
3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed facility or emissions unit, and the location of the information specified in paragraph 1. above; and notifying the public of the opportunity for submitting comments and requesting a public hearing.
(6) Additional Public Notice Requirements for Actuals Plantwide Applicability Limits (PALs).
(a) Before taking final agency action on any air construction permit application to establish, renew, or revise a PAL, the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include at a minimum the following:
1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., including the Department’s preliminary determination of whether the permit should be approved or disapproved;
2. A 30-day period for submittal of public comments; and,
3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed PAL, and the location of the information specified in subparagraph 1., above; and notifying the public of the opportunity for submitting comments.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.815 FS. History–Formerly 17-2.220, Amended 11-28-93, Formerly 17-210.350, Amended 11-23-94, 1-2-96, 11-13-97, 2-11-99, 2-2-06, 10-12-08, 9-29-20.