Florida Regulations 62-297.620: Exceptions and Approval of Alternate Procedures and Requirements
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(1) The owner or operator of any emissions unit subject to the provisions of this chapter may request in writing a determination by the Secretary or his/her designee that any requirement of this chapter (except for any continuous monitoring requirements) relating to emissions test procedures, methodology, equipment, or test facilities shall not apply to such emissions unit, and shall request approval of an alternate procedure or requirement.
(2) The request shall set forth the following information, at a minimum:
(a) Specific emissions unit and permit number, if any, for which exception is requested.
(b) The specific provision(s) of this chapter from which an exception is sought.
(c) The basis for the exception, including but not limited to any hardship which would result from compliance with the provisions of this chapter.
(d) The alternate procedure(s) or requirement(s) for which approval is sought and a demonstration that such alternate procedure(s) or requirement(s) shall be adequate to demonstrate compliance with applicable emission limiting standards contained in the rules of the department or any permit issued pursuant to those rules.
(3) The Secretary or his/her designee shall specify by order each alternate procedure or requirement approved for an individual emissions unit in accordance with this section or shall issue an order denying the request for such approval. The department’s order shall be final agency action, reviewable in accordance with Florida Statutes § 120.57
(4) In the case of an emissions unit which has the potential to emit less than 100 tons per year of particulate matter and is equipped with a baghouse, the Secretary or the appropriate Director of District Management may waive any particulate matter compliance test requirements for such emissions unit specified in any otherwise applicable rule, and specify an alternative standard of 5% opacity. The waiver of compliance test requirements for a particulate emissions unit equipped with a baghouse, and the substitution of the visible emissions standard, shall be specified in the permit issued to the emissions unit. If the department has reason to believe that the particulate weight emission standard applicable to such an emissions unit is not being met, it shall require that compliance be demonstrated by the test method specified in the applicable rule.
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History-Formerly 17-2.700(3), Amended 6-11-93, Formerly 17-297.620, Amended 11-23-94.
(2) The request shall set forth the following information, at a minimum:
(a) Specific emissions unit and permit number, if any, for which exception is requested.
(b) The specific provision(s) of this chapter from which an exception is sought.
(c) The basis for the exception, including but not limited to any hardship which would result from compliance with the provisions of this chapter.
(d) The alternate procedure(s) or requirement(s) for which approval is sought and a demonstration that such alternate procedure(s) or requirement(s) shall be adequate to demonstrate compliance with applicable emission limiting standards contained in the rules of the department or any permit issued pursuant to those rules.
(3) The Secretary or his/her designee shall specify by order each alternate procedure or requirement approved for an individual emissions unit in accordance with this section or shall issue an order denying the request for such approval. The department’s order shall be final agency action, reviewable in accordance with Florida Statutes § 120.57
(4) In the case of an emissions unit which has the potential to emit less than 100 tons per year of particulate matter and is equipped with a baghouse, the Secretary or the appropriate Director of District Management may waive any particulate matter compliance test requirements for such emissions unit specified in any otherwise applicable rule, and specify an alternative standard of 5% opacity. The waiver of compliance test requirements for a particulate emissions unit equipped with a baghouse, and the substitution of the visible emissions standard, shall be specified in the permit issued to the emissions unit. If the department has reason to believe that the particulate weight emission standard applicable to such an emissions unit is not being met, it shall require that compliance be demonstrated by the test method specified in the applicable rule.
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History-Formerly 17-2.700(3), Amended 6-11-93, Formerly 17-297.620, Amended 11-23-94.