Florida Regulations 62-212.300: General Preconstruction Review Requirements
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This rule shall apply to the proposed construction or modification of all emissions units and facilities for which an air construction permit is required pursuant to subsection 62-210.300(1), F.A.C.
(1) General Prohibitions.
(a) The owner or operator of any emissions unit or facility shall not undertake any activity listed at paragraph 62-210.300(1)(a), FA.C., without first obtaining an air construction permit from the Department.
(b) Except as provided in Fl. Admin. Code R. 62-212.500, the Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to a violation of any ambient air quality standard. The Department shall not permit the construction or modification of any emissions unit which would be located in a nonattainment area or area of influence if the proposed construction or modification would interfere with reasonable further progress toward attaining the ambient air quality standards.
(c) The Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to an ambient concentration at any point within a baseline area that exceeds either the appropriate baseline concentration for the point plus the appropriate maximum allowable increase or the appropriate ambient air quality standard, whichever is less.
(d) The Department shall not establish, renew, or change any plantwide applicability limits at any existing major stationary source except through the air construction permit process and the public participation process required at Fl. Admin. Code R. 62-212.720
(e) If the Department issues any construction permit which avoids the requirements of subsections 62-212.400(4) through (12), F.A.C., based in whole or in part on projected actual emissions calculations, the permit shall contain the following monitoring, reporting and recordkeeping provisions:
1. The permittee shall monitor the emissions of any PSD pollutant that the Department identifies could increase as a result of the construction or modification and that is emitted by any emissions unit that could be affected; and, using the most reliable information available, calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations if the change increases the design capacity of that emissions unit or its potential to emit that PSD pollutant. Emissions shall be computed in accordance with Fl. Admin. Code R. 62-210.370
2. The permittee shall report to the Department within 60 days after the end of each year during which records must be generated under subFl. Admin. Code R. 62-212.300(1)(e)1., setting out the unit’s annual emissions during the calendar year that preceded submission of the report. The report shall contain the following:
a. The name, address and telephone number of the owner or operator of the major stationary source,
b. The annual emissions as calculated pursuant to subFl. Admin. Code R. 62-212.300(1)(e)1.,
c. If the emissions differ from the preconstruction projection, an explanation as to why there is a difference; and,
d. Any other information that the owner or operator wishes to include in the report.
3. The information required to be documented and maintained pursuant to subparagraphs 62-212.300(1)(e)1. and 2., F.A.C., shall be submitted to the Department, which shall make it available for review to the general public.
(f) The Department shall account for condensable PM10 and condensable PM2.5 in applicability determinations and in establishing emissions limitations for PM10 and PM2.5 in permits issued pursuant to Rule 62-212.400 or 62-212.500, F.A.C., and in permits issued to establish limitations to avoid applicability of Rule 62-212.400 or 62-212.500, F.A.C.
(2) Applicability. The requirements of subparagraph 62-204.800(11)(d)2. and Rules 62-212.400, 62-212.500, and 62-212.600, F.A.C., shall apply in addition to any other preconstruction review requirements under Fl. Admin. Code R. 62-212.300
(3) Permitting Requirements.
(a) Each applicant for an air construction permit for an emissions unit subject to this rule shall provide the Department, at a minimum, the following information:
1. The nature and amounts of emissions from the emissions unit, including baseline actual emissions and projected actual emissions, and any netting calculations, if applicable, when used to determine PSD applicability pursuant to Fl. Admin. Code R. 62-212.400(2)(a), and when used to establish a PAL pursuant to Fl. Admin. Code R. 62-212.720 When used to determine PSD applicability pursuant to subparagraph 62-212.400(2)(a)1. or 3., F.A.C., the applicant shall also provide a record of the amount of excluded emissions, and an explanation as to why these emissions were excluded, for any projected actual emissions calculations that exclude that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project including any increased utilization due to product demand growth.
2. The location, design, construction, and operation of the emissions unit to the extent necessary to allow the Department to determine whether construction or modification of the emissions unit would result in violations of any applicable provisions of chapter 403, Florida Statutes, or Department air pollution rules, or whether the construction or modification would interfere with the attainment and maintenance of any state or national ambient air quality standard.
(b) Each applicant for an air construction permit for an emissions unit subject to subFl. Admin. Code R. 62-204.800(11)(d)2., shall provide the Department with the information required by 40 C.F.R. § 63.43(e), adopted by reference in Fl. Admin. Code R. 62-204.800
(c) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History-Formerly 17-2.520, 17-212.300, Amended 11-23-94, 1-1-96, 10-28-97, 2-2-06, 10-6-08, 6-29-09, 3-28-12.
Terms Used In Florida Regulations 62-212.300
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
(a) The owner or operator of any emissions unit or facility shall not undertake any activity listed at paragraph 62-210.300(1)(a), FA.C., without first obtaining an air construction permit from the Department.
(b) Except as provided in Fl. Admin. Code R. 62-212.500, the Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to a violation of any ambient air quality standard. The Department shall not permit the construction or modification of any emissions unit which would be located in a nonattainment area or area of influence if the proposed construction or modification would interfere with reasonable further progress toward attaining the ambient air quality standards.
(c) The Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to an ambient concentration at any point within a baseline area that exceeds either the appropriate baseline concentration for the point plus the appropriate maximum allowable increase or the appropriate ambient air quality standard, whichever is less.
(d) The Department shall not establish, renew, or change any plantwide applicability limits at any existing major stationary source except through the air construction permit process and the public participation process required at Fl. Admin. Code R. 62-212.720
(e) If the Department issues any construction permit which avoids the requirements of subsections 62-212.400(4) through (12), F.A.C., based in whole or in part on projected actual emissions calculations, the permit shall contain the following monitoring, reporting and recordkeeping provisions:
1. The permittee shall monitor the emissions of any PSD pollutant that the Department identifies could increase as a result of the construction or modification and that is emitted by any emissions unit that could be affected; and, using the most reliable information available, calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations if the change increases the design capacity of that emissions unit or its potential to emit that PSD pollutant. Emissions shall be computed in accordance with Fl. Admin. Code R. 62-210.370
2. The permittee shall report to the Department within 60 days after the end of each year during which records must be generated under subFl. Admin. Code R. 62-212.300(1)(e)1., setting out the unit’s annual emissions during the calendar year that preceded submission of the report. The report shall contain the following:
a. The name, address and telephone number of the owner or operator of the major stationary source,
b. The annual emissions as calculated pursuant to subFl. Admin. Code R. 62-212.300(1)(e)1.,
c. If the emissions differ from the preconstruction projection, an explanation as to why there is a difference; and,
d. Any other information that the owner or operator wishes to include in the report.
3. The information required to be documented and maintained pursuant to subparagraphs 62-212.300(1)(e)1. and 2., F.A.C., shall be submitted to the Department, which shall make it available for review to the general public.
(f) The Department shall account for condensable PM10 and condensable PM2.5 in applicability determinations and in establishing emissions limitations for PM10 and PM2.5 in permits issued pursuant to Rule 62-212.400 or 62-212.500, F.A.C., and in permits issued to establish limitations to avoid applicability of Rule 62-212.400 or 62-212.500, F.A.C.
(2) Applicability. The requirements of subparagraph 62-204.800(11)(d)2. and Rules 62-212.400, 62-212.500, and 62-212.600, F.A.C., shall apply in addition to any other preconstruction review requirements under Fl. Admin. Code R. 62-212.300
(3) Permitting Requirements.
(a) Each applicant for an air construction permit for an emissions unit subject to this rule shall provide the Department, at a minimum, the following information:
1. The nature and amounts of emissions from the emissions unit, including baseline actual emissions and projected actual emissions, and any netting calculations, if applicable, when used to determine PSD applicability pursuant to Fl. Admin. Code R. 62-212.400(2)(a), and when used to establish a PAL pursuant to Fl. Admin. Code R. 62-212.720 When used to determine PSD applicability pursuant to subparagraph 62-212.400(2)(a)1. or 3., F.A.C., the applicant shall also provide a record of the amount of excluded emissions, and an explanation as to why these emissions were excluded, for any projected actual emissions calculations that exclude that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project including any increased utilization due to product demand growth.
2. The location, design, construction, and operation of the emissions unit to the extent necessary to allow the Department to determine whether construction or modification of the emissions unit would result in violations of any applicable provisions of chapter 403, Florida Statutes, or Department air pollution rules, or whether the construction or modification would interfere with the attainment and maintenance of any state or national ambient air quality standard.
(b) Each applicant for an air construction permit for an emissions unit subject to subFl. Admin. Code R. 62-204.800(11)(d)2., shall provide the Department with the information required by 40 C.F.R. § 63.43(e), adopted by reference in Fl. Admin. Code R. 62-204.800
(c) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History-Formerly 17-2.520, 17-212.300, Amended 11-23-94, 1-1-96, 10-28-97, 2-2-06, 10-6-08, 6-29-09, 3-28-12.