Fla. Admin. Code R. 62-210.300

Current through Reg. 50, No. 217; November 5, 2024

Section 62-210.300 - Permits Required

(1) Air Construction Permits.

(a) Unless exempt from permitting pursuant to this rule or Rule 62-4.040, F.A.C., the owner or operator of any facility or emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain appropriate authorization from the Department prior to undertaking any activity at the facility or emissions unit for which such authorization is required. An air construction permit shall be obtained by the owner or operator of any proposed new, reconstructed, or modified facility or emissions unit, or any new pollution control equipment prior to the beginning of construction, reconstruction pursuant to 40 C.F.R. 60.15 or 63.2, or modification of the facility or emissions unit or addition of the air pollution control equipment; or to establish a PAL; in accordance with all applicable provisions of this chapter, Chapters 62-212, and 62-4, F.A.C. The construction permit shall be issued for a period of time sufficient to allow construction, reconstruction or modification of the facility or emissions unit or addition of the air pollution control equipment; and operation while the owner or operator of the new, reconstructed or modified facility or emissions unit or the new pollution control equipment is conducting tests or otherwise demonstrating initial compliance with the conditions of the construction permit. All emission limitations, controls, and other requirements imposed by any individual air permit shall be at least as stringent as any limitations and requirements contained in or enforceable under the State Implementation Plan (SIP) or Designated Facility Plan. Except as provided at Rule 62-213.460, F.A.C., being authorized to construct, operate, or undertake any other activity by individual air permit or air general permit does not relieve the owner or operator of a facility or emissions unit from complying with any emission limiting standards or other requirements of the air pollution rules of the Department or any other such requirements under federal, state, or local law.

(b) Notwithstanding the expiration of an air construction permit, all limitations and requirements of such permit that are applicable to the design and operation of the permitted facility or emissions unit shall remain in effect until the facility or emissions unit is permanently shut down, except for any such limitation or requirement that is obsolete by its nature (such as a requirement for initial compliance testing) or any such limitation or requirement that is changed in accordance with the provisions of subparagraph 62-210.300(1)(b) 1., F.A.C. Either the applicant or the Department can propose that certain conditions be considered obsolete. Any conditions or language in an air construction permit that are included for informational purposes only, if they are transferred to the air operation permit, shall be transferred for informational purposes only and shall not become enforceable conditions unless voluntarily agreed to by the permittee or otherwise required under Department rules.

1. Except for those limitations or requirements that are obsolete, all limitations and requirements of an air construction permit shall be included and identified in any air operation permit for the facility or emissions unit. The limitations and requirements included in the air operation permit can be changed, and thereby superseded, through the issuance of an air construction permit, federally enforceable state air operation permit, federally enforceable air general permit, or Title V air operation permit; provided, however, that:

a. Any change that would constitute an administrative correction may be made pursuant to Rule 62-210.360, F.A.C.,

b. Any change that would constitute a modification, as defined at Rule 62-210.200, F.A.C., shall be accomplished only through the issuance of an air construction permit; and,

c. Any change in a permit limitation or requirement that originates from a permit issued by the Environmental Protection Agency pursuant to 40 C.F.R. 52.21, or by the Department pursuant to subparagraph 62-204.800(11)(d) 2., Rules 62-212.400, 62-212.500, F.A.C., or any former codification of Rule 62-212.400 or 62-212.500, F.A.C., shall be accomplished only through the issuance of a new or revised air construction permit under subparagraph 62-204.800(11)(d) 2., Rule 62-212.400 or 62-212.500, F.A.C., as appropriate.

2. The force and effect of any change in a permit limitation or requirement made in accordance with the provisions of subparagraph 62-210.300(1)(b) 1., F.A.C., shall be the same as if such change were made to the original air construction permit.

3. Nothing in paragraph 62-210.300(1)(b), F.A.C., shall be construed as to allow operation of a facility or emissions unit without a valid air operation permit.

(c) Notwithstanding the provisions of paragraph 62-210.200(1)(a), F.A.C., the owner or operator of any eligible facility who registers to use an air general permit under Rule 62-210.310 or 62-213.300, F.A.C., who is not denied use of the air general permit, and who constructs the facility in compliance with the terms and conditions of the air general permit shall not be required to obtain an air construction permit pursuant to this subsection, provided, however, that any proposed new major stationary source, major modification, or modification that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C., shall require authorization by air construction permit.

(2) Air Operation Permits. Unless exempted from permitting pursuant to this rule or Rule 62-4.040, F.A.C., the owner or operator of any facility or emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain appropriate authorization from the Department prior to undertaking any activity at the facility or emissions unit for which such authorization is required. Upon expiration of the air operation permit for any existing facility or emissions unit; subsequent to any construction, reconstruction or modification of a facility or emissions unit authorized by an air construction permit, and demonstration of compliance with the conditions of such air construction permit; subsequent to the establishment of a PAL by air construction permit; or as otherwise provided in this chapter or Chapter 62-213, F.A.C.; the owner or operator of such facility or emissions unit shall obtain a renewal air operation permit, an initial air operation permit, or revision of an existing air operation permit, whichever is appropriate, in accordance with all applicable provisions of this chapter, Chapters 62-213 (if the facility is a Title V source), and 62-4, F.A.C. All emission limitations, controls, and other requirements imposed by any individual air permit shall be at least as stringent as any limitations and requirements contained in or enforceable under the State Implementation Plan (SIP) or Designated Facility Plan. Except as provided at Rule 62-213.460, F.A.C., being authorized to construct, operate, or undertake any other activity by individual air permit or air general permit does not relieve the owner or operator of a facility or emissions unit from complying with any emission limiting standards or other requirements of the air pollution rules of the Department or any other such requirements under federal, state, or local law.

(a) Minimum Requirements for All Air Operation Permits. At a minimum, a permit issued pursuant to this subsection shall:

1. Specify the manner, nature, volume and frequency of the emissions permitted, and the applicable emission limiting standards or performance standards, if any.

2. Require proper operation and maintenance of any pollution control equipment by qualified personnel, where applicable in accordance with the provisions of any operation and maintenance plan required by the air pollution rules of the Department.

3. Contain an effective date stated in the permit which shall not be earlier than the date final action is taken on the application and be issued for a period, beginning on the effective date, as provided below.

a. The operation permit for an emissions unit which is in compliance with all applicable rules and in operational condition, and which the owner or operator intends to continue operating, shall be issued or renewed for a five-year period.

b. Except as provided in sub-subparagraph 62-210.300(2)(a) 3.d., F.A.C., the operation permit for an emissions unit which has been shut down for six months or more prior to the expiration date of the current operation permit, shall be renewed for a period not to exceed five years from the date of shutdown, even if the emissions unit is not maintained in operational condition, provided:

(I) The owner or operator of the emissions unit demonstrates to the Department that the emissions unit may need to be reactivated and used, or that it is the owner's or operator's intent to apply to the Department for a permit to construct a new emissions unit at the facility before the end of the extension period; and,

(II) The owner or operator of the emissions unit agrees to and is legally prohibited from providing the allowable emission permitted by the renewed permit as an emissions offset to any other person under Rule 62-212.500, F.A.C.; and,

(III) The emissions unit was operating in compliance with all applicable rules as of the time the source was shut down.

c. Except as provided in sub-subparagraph 62-210.300(2)(a) 3.d., F.A.C., the operation permit for an emissions unit which has been shut down for five years or more prior to the expiration date of the current operation permit shall be renewed for a maximum period not to exceed ten years from the date of shutdown, even if the emissions unit is not maintained in operational condition, provided the conditions given in sub-subparagraph 62-210.300(2)(a) 3.b., F.A.C., are met and the owner or operator demonstrates to the Department that failure to renew the permit would constitute a hardship, which may include economic hardship.

d. The operation permit for an electric utility generating unit on cold standby or long-term reserve shutdown shall be renewed for a five-year period, and additional five-year periods, even if the unit is not maintained in operational condition, provided the conditions given in sub-sub-subparagraphs 62-210.300(2)(a) 3.b.(I) through (III), F.A.C., are met.

4. In the case of an emissions unit permitted pursuant to sub-subparagraphs 62-210.300(2)(a) 3.b., c., and d., F.A.C., include reasonable notification and compliance testing requirements for reactivation of such emissions unit and provide that the owner or operator demonstrate to the Department prior to reactivation that such reactivation would not constitute any modification or reconstruction pursuant to this chapter or any federal regulation adopted by reference at Rule 62-204.800, F.A.C.

(b) Additional Requirements for Federally Enforceable State Operation Permits (FESOPs) for Non-Title V Sources.

1. An operation permit for a non-Title V source, including a synthetic non-Title V source, shall be considered federally enforceable only if it is issued, renewed, or revised in accordance with the following provisions:

a. At the time of initial application for the permit, the applicant requests that the permit be made federally enforceable.

b. A notice of proposed agency action on the initial application, any renewal application involving material changes from the existing permit, and any application for permit revision is published in accordance with the provisions of subsections 62-210.350(1) and (4), F.A.C., except as provided in subparagraph 62-210.300(2)(b) 3., F.A.C.

c. The permit is a facility-wide permit.

d. The permit is conditioned such that the owner or operator is legally obligated to adhere to the terms and limitations of such permit, including any condition or limitation assumed by the owner or operator upon acceptance of such permit.

e. The permit is conditioned such that any emissions limitation, control requirement, or other requirement assumed by the owner or operator upon acceptance of such permit shall be quantifiable and enforceable as a practical matter.

2. Once a synthetic non-Title V source has been issued a federally enforceable state operation permit (FESOP), it shall remain subject to the requirements of paragraph 62-210.300(2)(b), F.A.C., unless:

a. The owner or operator accepts a higher limit and the facility becomes a Title V source, or

b. The owner or operator demonstrates to the Department that it no longer needs a federally enforceable operation permit to be classified as a non-Title V source (i.e., the facility is naturally "minor" without any federally enforceable limits) and specifically requests exemption from these requirements.

3. If all of the permitted emissions units within a facility have been issued one or more air construction permits which have undergone public notice in accordance with procedures at least as stringent as those provided in subsection 62-210.350(4), F.A.C., and the applicant requests that the conditions of such construction permit(s) be transferred without material change to a federally enforceable state operation permit (FESOP), the Department shall waive the requirements of sub-subparagraph 62-210.300(2)(b) 1.b. and subparagraph 62-210.350(4)(a) 3., F.A.C., for publication of a notice of proposed agency action; provided, however, that the remaining provisions of subsection 62-210.350(4), F.A.C., shall apply, including the requirement that notice be given to the U.S. Environmental Protection Agency and any local air pollution control program.

4. If an applicant requests that existing, multiple air operation permits for a facility be consolidated into a single federally enforceable state operation permit (FESOP), the Department shall reduce the permit processing fee required pursuant to Rule 62-4.050, F.A.C., by an amount equal to the sum of the processing fees paid for the existing permits prorated by the number of years remaining until expiration of each such permit.

(c) Notwithstanding the provisions of subsection 62-210.300(2), F.A.C., the owner or operator of any eligible facility who registers to use an air general permit under Rule 62-210.310, F.A.C., or Rule 62-213.300, F.A.C., who is not denied use of the air general permit, and who operates the facility in compliance with the terms and conditions of the air general permit shall not be required to obtain an air operation permit pursuant to this subsection or Rule 62-213.400, F.A.C.

(3) Exemptions from Permitting. Except as otherwise provided herein, an owner or operator shall not be required to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., for any facility, emissions unit, or pollutant-emitting activity that satisfies the applicable permitting exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or has been exempted from permitting pursuant to Rule 62-4.040, F.A.C. Failure of a facility, emissions unit, or activity to satisfy the exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., does not preclude such facility, emissions unit, or activity from being considered for exemption pursuant to Rule 62-4.040, F.A.C. Notwithstanding the above, no emissions unit or activity shall be exempt from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if it would be subject to any unit-specific limitation or requirement, unless compliance with such limitation or requirement is specifically listed as a condition of exemption. Furthermore, no new, reconstructed, or modified emissions unit or activity shall be exempt from the requirement to obtain an air construction permit if its emissions would contribute to a major modification or to any modification that would be a major modification but for the use, in whole or in part, of the baseline actual-to-projected actual applicability test in Rule 62-212.400, F.A.C. An emissions unit or pollutant-emitting activity exempt from the requirement to obtain an air construction permit shall not be exempt from the permitting requirements of Chapter 62-213, F.A.C., if it is contained within a Title V source or if its emissions, in combination with the emissions of other emission units and activities at the facility, would cause the facility to be classified as a Title V source. Exemption from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., does not relieve the owner or operator of a facility or emissions unit from complying with any limitation or requirement applicable to such facility or emissions unit.

(a) Categorical and Conditional Exemptions. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, the following facilities, emissions units, and pollutant-emitting activities shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C.

1. Home heating and comfort heating with a gross maximum heat output of less than one million Btu per hour.

2. Internal combustion engines in boats, aircraft and vehicles used for transportation of passengers or freight.

3. Incinerators in one or two family dwellings or in multi-family dwellings containing four or less family units, one of which is owner-occupied.

4. Noncommercial and nonindustrial vacuum cleaning systems used exclusively for residential housekeeping purposes.

5. Cold storage refrigeration equipment, except for any such equipment located at a Title V source using an ozone-depleting substance regulated under 40 C.F.R. Part 82.

6. Vacuum pumps in laboratory operations.

7. Equipment used for steam cleaning.

8. Belt or drum sanders having a total sanding surface of five square feet or less and other equipment used exclusively on wood or plastics or their products having a density of 20 pounds per cubic foot or more.

9. Equipment used exclusively for space heating, other than boilers.

10. Noncommercial smoke houses used exclusively for smoking food products.

11. Bakery ovens located at any retail bakery facility which derives at least fifty percent of its revenues from retail sales on premises. Also, bakery ovens located at any commercial bakery facility utilizing only non-conveyor belt ovens operating on a single baking cycle in which a determinate amount of product is cooked at one baking (i.e., batch ovens).

12. Laboratory equipment used exclusively for chemical or physical analyses.

13. Brazing, soldering or welding equipment.

14. Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solutions of bleach or detergents.

15. Fire and safety equipment.

16. Petroleum lubrication systems.

17. Application of fungicide, herbicide, or pesticide.

18. Asbestos renovation and demolition activities.

19. Vehicle refueling operations and associated fuel storage.

20. Restaurants.

21. Incineration of drugs seized by law enforcement, agricultural food products that cannot be transported into the country or across state lines to prevent biocontamination, or animal carcasses may be conducted in an air-permitted incinerator regulated under 40 CFR Part 60, Subparts Cb, Eb, AAAA, BBBB, CCCC, or DDDD, adopted and incorporated by reference in Rule 62-204.800, F.A.C., or as follows:

a. A government agency may own and operate an incinerator that is designed for animal carcass disposal associated with the study, surveillance, or mitigation of animal disease spread, odor control, or related health impacts. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion.

b. A government agency may own and operate an incinerator to dispose of drugs seized by law enforcement, agricultural food products that cannot be transported into the country or across state lines to prevent biocontamination. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion or be a cyclonic burn barrel as defined in 40 CFR 60.2875, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

c. A government agency using an incinerator under sub-subparagraphs 62-210.300(3)(a) 21.a. or b., F.A.C., shall also meet the following requirements:

(I) The incinerator shall not exceed a charging rate of 300 pounds per hour of material;

(II) The owner or operator shall keep records of the amount and type of materials being combusted; and

(III) The incinerator shall comply with the opacity requirements of paragraph 62-296.401(1)(a), F.A.C.

22. Phosphogypsum cooling ponds and inactive phosphogypsum stacks which have demonstrated compliance with the requirements of 40 CFR Part 61, Subpart R, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

23. Degreasing units using heavier-than-air vapors exclusively, provided that such units shall not use any substance containing any hazardous air pollutant.

24. Non-halogenated solvent storage and cleaning operations, provided that such operations shall not use any solvent containing any hazardous air pollutant and the operation is not subject to the requirements of Rule 62-296.511, F.A.C.

25. Petroleum dry cleaning facilities, provided the solvent consumption shall be less than 3, 250 gallons per year.

26. Portable air curtain incinerators, provided the following conditions are met.

a. Except as provided at sub-subparagraph c., only land clearing debris and appropriate starting fuel shall be burned in the air curtain incinerator. The air curtain incinerator shall not be used to burn any material prohibited to be open-burned as set forth at subsection 62-256.300(3), F.A.C. Only kerosene, diesel fuel, drip torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited.

b. The air curtain incinerator, alone or in combination with any other air curtain incinerator(s) claiming this exemption from air permitting, shall not be located at a single site for more than six (6) months in any consecutive twelve (12) months and, except as provided at sub-subparagraph c., shall not burn any material other than land clearing debris generated at the site or at any other site under control of the same person (or persons under common control). For purposes of this provision, a site is any and all locations on one (1) or more contiguous or adjacent properties which are under the control of the same person (or persons under common control), except that, in the case of a linear right-of-way, a site is any and all locations within any one-mile span of right-of-way. Any deployment of one (1) or more air curtain incinerators at a single site for more than six (6) months in any consecutive twelve (12) months, and, except as provided at sub-subparagraph c., any use of an air curtain incinerator at a site to burn material other than land clearing debris generated at the site or any other site under control of the same person (or persons under common control), shall require an appropriate air permit.

c. Notwithstanding the provisions of sub-subparagraphs a. and b., the air curtain incinerator may be used for up to six (6) months in any consecutive twelve (12) months at any location for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C., or the destruction of insect or disease-infested vegetation in accordance with the provisions of subsection 62-256.700(9), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. An air curtain incinerator may be used for burning of storm-generated vegetative debris in accordance with the provisions of subsection 62-256.700(8), F.A.C., so long as:

(I) The air curtain incinerator is used in a disaster declaration area;

(II) The air curtain incinerator is used for a period not to exceed eight (8) weeks from the date the unit began operation. If the unit will operate for more than eight (8) weeks, the operator must notify the Department by the end of the eighth week and the notification must identify the start date, a description of the material being burned, a description of the size and design of the unit, and the reasons why the incinerator must be operated for more than eight weeks.

(III) If the operator of the unit submits the required notification as specified in sub-sub-subparagraph 62-210.300(3)(a) 26.c.(II), F.A.C., the unit may be operated for an additional eight (8) weeks, for a total of sixteen (16) weeks.

(IV) If the Department has approved in writing an operator's request to continue operation beyond sixteen (16) weeks, then the operator may continue to operate the incinerator or air curtain incinerator until the date specified in the written approval.

d. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emissions. Pit width shall not exceed twelve (12) feet.

e. Material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air curtain in the pit.

f. Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than 1/3 the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.

g. Visible emissions from the air curtain incinerator shall not exceed ten percent (10%) opacity, six (6) minute average, except for up to thirty (30) minutes during periods of startup when visible emissions up to thirty-five percent (35) opacity, six (6) minute average, shall be allowed. For purposes of this exemption, these visible emissions limitations shall not be considered unit-specific applicable requirements.

h. The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator.

i. The air curtain incinerator shall be located at least 50 feet away from any wildlands, brush, combustible structure, or paved public roadway and 300 feet away from any occupied building.

j. If the air curtain incinerator is equipped with refractory-lined walls, charging shall begin no earlier than sunrise and must end no later than one hour after sunset. If the air curtain incinerator is not equipped with refractory-lined walls, charging shall begin no earlier than 8:00 a.m. (Central Time) or 9:00 a.m. (Eastern Time), and must end no later than one hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging.

k. Prior to any period of operation of the air curtain incinerator, the owner or operator shall contact the Florida Forest Service regarding the planned burning activity.

l. If the owner of the air curtain incinerator, by lease or other means, grants authority to operate the incinerator to a person not in the employ of the owner, the owner shall provide such person with a copy of the conditions of this exemption.

m. If the air curtain incinerator is operated in compliance with all conditions of this exemption, it shall not be subject to the requirements of subsection 62-296.401(7), F.A.C.

27. Surface coating operations within a single facility, provided all the following conditions are met.

a. The surface coating operation shall use only coatings containing 5.0 percent or less VOC, by volume, or the total quantity of coatings containing greater than 5.0 percent VOC, by volume, used at the facility shall not exceed 6.0 gallons per day, averaged monthly, where the quantity of coatings used includes all solvents and thinners used in the process or for cleanup.

b. Such operations are not subject to any unit-specific limitation or requirement.

c. The surface coating operation is not subject to any of the requirements of Rules 62-296.501 through 62-296.515, F.A.C.

28. Volume reduction processes as defined in Rule 62-296.417, F.A.C., provided the owner or operator shall manage only spent mercury-containing lamps removed from the facility where the volume reduction process is located.

29. Mercury recovery processes as defined in Rule 62-296.417, F.A.C., provided the owner or operator shall manage only spent mercury-containing devices temporarily or permanently removed from service from the owner or operator's own facilities or installations.

30. Bulk gasoline plants, provided all the following conditions are met.

a. The facility receives and distributes only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and kerosene.

b. The total storage capacity for gasoline at the facility does not exceed 100, 000 gallons.

c. The facility shall not distribute more than 1.3 million gallons of gasoline in any consecutive twelve (12) months.

d. The facility is not subject to Rule 62-296.418, F.A.C.

e. The facility is not subject to any of the requirements of Rule 62-296.510 or 62-296.516, F.A.C.

31. Relocatable wet screening-only operations, provided:

a. The screening operation is not connected to a nonmetallic mineral processing plant subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C.,

b. No hazardous waste, as defined in Section 403.703, F.S., shall be processed; and,

c. The operation shall not operate at a single site for more than six (6) months in any consecutive twelve (12) months. For purposes of this provision, a site is any and all locations on one or more contiguous or adjacent properties which are under the control of the same person (or persons under common control).

32. Brownfield site remediation, as described at Rule 62-780.700, F.A.C., provided that the total volatile organic compounds in the air emissions from all onsite remediation equipment shall not exceed 13.7 pounds per day.

33. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat input capacity equal to or less than 10 million Btu per hour, provided all the following conditions are met with respect to each such unit.

a. The unit is not subject to the Acid Rain Program or any other unit-specific limitation or requirement.

b. The rated heat input capacity of the unit is equal to or less than 10 million Btu per hour and, collectively, the total rated heat input capacity of all units claiming this exemption at the same facility is less than 10 million Btu per hour.

c. The unit is a gas-fired boiler, which, for the purposes of this exemption, is defined as any boiler that burns gaseous fuels not combined with any solid fuels and burns liquid fuel only during periods of gas curtailment, gas supply interruption, startups, or periodic testing of liquid fuel. Periodic testing of liquid fuel shall not exceed a combined total of 48 hours during any calendar year.

34. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat input capacity less than 100 million Btu per hour, provided all the following conditions are met with respect to each such unit.

a. The unit is not subject to the Acid Rain Program, or any other unit-specific limitation or requirement other than any such limitation or requirement that may apply pursuant to 40 C.F.R. Part 63, Subparts DDDDD and JJJJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

b. The rated heat input capacity of the unit is less than 100 million Btu per hour and, collectively, the total rated heat input capacity of all units claiming this exemption at the same facility is less than 250 million Btu per hour.

c. The unit shall not burn more than the maximum annual amount of a single fuel, as given in sub-subparagraph e., or equivalent maximum annual amounts of multiple fuels, as addressed in sub-subparagraph f.

d. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph g., or equivalent collective maximum annual amounts of multiple fuels, as addressed in sub-subparagraph h.

e. If burning only one (1) type of fuel, the annual amount of fuel burned by the unit shall not exceed 150 million standard cubic feet of natural gas, one million gallons of propane, one million gallons of fuel oil with a sulfur content not exceeding 0.05 percent, by weight, 290, 000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145, 000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight.

f. If burning more than one (1) type of fuel, the equivalent annual amount of each fuel burned by the unit shall not exceed the maximum annual amount of such fuel, as given in sub-subparagraph e., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by the unit to the total annual amount of such fuel allowed to be burned by the unit pursuant to sub-subparagraph e. The sum of the fuel percentages for all fuels burned by the unit must be less than or equal to 100 percent.

g. If burning only one (1) type of fuel, the collective annual amount of fuel burned by all units claiming this exemption at the same facility shall not exceed 375 million standard cubic feet of natural gas, 2.5 million gallons of propane, 2.5 million gallons of fuel oil with a sulfur content not exceeding 0.05 percent, by weight, 290, 000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145, 000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight.

h. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub-subparagraph g., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by all units claiming this exemption at the same facility to the total annual amount of such fuel allowed to be burned by all units claiming this exemption at the same facility pursuant to sub-subparagraph g. The sum of the fuel percentages for all fuels burned by the units claiming this exemption at the same facility must be less than or equal to 100 percent.

i. If the unit is subject to 40 C.F.R. Part 63, Subpart DDDDD or JJJJJJ, the owner shall comply with all limitations and requirements of Subpart DDDDD or JJJJJJ that apply to the unit.

35. Stationary Reciprocating Internal Combustion Engines, provided all the following conditions are met with respect to each such engine.

a. The engine is not subject to the Acid Rain Program, CAIR Program, or any other unit-specific limitation or requirement other than any such limitation or requirement that may apply pursuant to 40 C.F.R. Part 60, Subpart IIII or JJJJ, or 40 C.F.R Part 63, Subpart ZZZZ, all adopted and incorporated by reference at Rule 62-204.800, F.A.C.

b. The engine shall not burn used oil or any fuels other than natural gas, propane, gasoline, and diesel fuel.

c. Collectively, all engines claiming this exemption at the same facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph d., or equivalent collective maximum annual amounts of multiple fuels, as addressed in sub-subparagraph e.

d. If burning only one type of fuel, the collective annual amount of fuel burned by all engines claiming this exemption at the same facility shall not exceed 53, 000 gallons of gasoline, 64, 000 gallons of diesel fuel, 288, 000 gallons of propane, or 8.8 million standard cubic feet of natural gas.

e. If burning more than one type of fuel, the equivalent collective annual amount of each fuel burned by the engines claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub-subparagraph d., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total amount of the fuel burned by all engines claiming this exemption at the same facility to the total amount of such fuel allowed to be burned by all engines claiming this exemption at the same facility pursuant to sub-subparagraph d. The sum of the fuel percentages for all fuels burned by the engines claiming this exemption at the same facility must be less than or equal to 100 percent.

f. If the engine is a stationary compression ignition reciprocating internal combustion engine that is subject to 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by virtue of modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart IIII that apply to the engine.

g. If the engine is a stationary spark ignition reciprocating internal combustion engine that is subject to 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by virtue of modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart JJJJ that apply to the engine.

h. If the engine is a stationary reciprocating internal combustion engine subject to 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the owner or operator shall comply with all limitations and requirements of Subpart ZZZZ that apply to the engine. If emissions testing is required pursuant to Subpart ZZZZ, all reports and notifications, including notifications of upcoming tests, shall be submitted to the Department in accordance with the provisions of Subpart ZZZZ.

36. Printing operations, provided:

a. The facility is not subject to any unit-specific limitation or requirement,

b. The printing operation is not subject to any of the requirements of Rule 62-296.515, F.A.C.

c. The facility shall use less than 667 gallons of materials containing any hazardous air pollutants in any consecutive twelve (12) months; and,

d. The facility shall:

(I) Operate only heatset offset lithographic printing lines and use less than 20, 000 pounds, combined, of inks, cleaning solvents, fountain solution concentrate and fountain solution additives in any consecutive twelve (12) months,

(II) Operate only non-heatset offset lithographic printing lines and use less than 2, 850 gallons, combined of cleaning solvents, fountain solution concentrate and fountain solution additives in any consecutive twelve (12) months,

(III) Operate only digital printing lines and use less than 2, 425 gallons, combined, of solvent based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months,

(IV) Operate only screen or letterpress printing lines and use less than 2, 850 gallons, combined, of solvent based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months,

(V) Operate only water-based or ultraviolet-cured-material flexographic or rotogravure printing lines and use less than 80, 000 pounds, combined, of water-based inks, coatings, and adhesives in any consecutive twelve (12) months, or

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less than 20, 000 pounds, combined, of inks, dilution solvents, coatings, cleaning solutions, and adhesives in any consecutive twelve (12) months.

37. Yard Trash Processing and Recycling facilities, provided that:

a. The facility maintains its Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Recycling Facility pursuant to Chapter 62-709, F.A.C.;

b. The facility complies with the general particulate emissions limiting standards pursuant to subsection 62-296.320(4), F.A.C.; and

c. Open burning is prohibited at the facility.

(b) Generic Exemptions.

1. Generic Emissions Unit or Activity Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, an emissions unit or pollutant-emitting activity that is not entitled to a categorical or conditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if it meets all of the following criteria.

a. It would not be subject to any unit-specific limitation or requirement.

b. Its emissions, in combination with the emissions of other units and activities at the facility, would not cause the facility to emit or have the potential to emit any pollutant in such amount as to create a Title V source.

c. It would neither emit nor have the potential to emit 500 pounds per year or more of lead and lead compounds expressed as lead, 1, 000 pounds per year or more of any hazardous air pollutant, 2, 500 pounds per year or more of total hazardous air pollutants, or 5.0 tons per year or more of any other regulated air pollutant as defined at Rule 62-210.200, F.A.C.

d. In the case of a proposed new emissions unit at an existing facility, the emissions of such unit, in combination with the emissions of any other proposed new or modified units and activities at the facility, would not result in a modification subject to the preconstruction review requirements of subparagraph 62-204.800(11)(d) 2., Rule 62-212.400 or 62-212.500, F.A.C.

e. In the case of a proposed new pollutant-emitting activity, such activity would not constitute a modification of any existing non-exempt emissions unit at a non-Title V source or any existing non-insignificant emissions unit at a Title V source.

2. Generic Facility Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., a facility that is not entitled to a categorical or conditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if all of the emissions units and pollutant-emitting activities within the facility, including any proposed new emissions units and activities, individually meet the exemption criteria of paragraph 62-210.300(3)(a), F.A.C., or subparagraph 62-210.300(3)(b) 1., F.A.C., or if none of the emissions units and pollutant-emitting activities within the facility, including any proposed new emissions units and activities, is subject to any unit-specific limitation or requirement and the facility meets all of the following criteria.

a. The facility would neither emit nor have the potential to emit 1, 000 pounds per year or more of lead and lead compounds expressed as lead, 1.0 ton per year or more of any hazardous air pollutant, 2.5 tons per year or more of total hazardous air pollutants, 25 tons per year or more of carbon monoxide, nitrogen oxides and sulfur dioxide, or 10 tons per year or more of any other regulated air pollutant as defined at Rule 62-210.200, F.A.C.

b. The facility would neither emit nor have the potential to emit any pollutant in such amount as to create a Title V source, nor would the facility be a Title V source for any other reason.

c. A unit that does not qualify for the Generic Emissions Unit or Activity Exemption in subparagraph 62-210.300(3)(b) 1., F.A.C., may still be eligble for the Generic Facility Exemption if it meets the criteria specified in sub-subparagraphs 62-210.300(3)(b) 2.a., and 62-210.300(3)(b) 2.b., F.A.C.

3. Temporary Phosphogypsum Exemption. Until permitted pursuant to Chapter 62-213, F.A.C., phosphogypsum disposal areas are exempt from the requirement to obtain an air operation permit.

(c) Conditional Exemptions from Title V Air Permitting. Except as otherwise provided herein, the following facilities shall be exempt from the requirement to obtain a Title V air operation permit under the provisions of Chapter 62-213, F.A.C., provided the conditions of exemption for each such facility are met. Facilities exempt from Title V air permitting pursuant to subparagraph 62-210.300(3)(c) 2., F.A.C., are not exempt from the requirement to obtain an air construction permit or non-Title V air operation permit. A facility shall not be entitled to an exemption from Title V air permitting under this rule if it is a Title V source pursuant to paragraph (f), (g), or (h) of the definition of "major source of air pollution" or the facility would be classified as a Title V source as a result of the combined potential to emit regulated pollutants of all emissions units at the facility.

1. Facilities authorized to operate under any of the air general permits provided at subsection 62-210.310(4), F.A.C.

2. Facilities comprising asphalt concrete plants, provided the following conditions are met.

a. The production rate of asphaltic concrete shall not exceed 500, 000 tons in any consecutive twelve-month period.

b. Fuel oil consumption shall not exceed 1.2 million gallons in any consecutive twelve-month period.

c. Fuel oil shall not exceed 1.0 percent sulfur content, by weight. The owner shall maintain records to demonstrate that each shipment of fuel oil has 1.0 percent or less.

d. Particulate matter (PM) emissions shall not exceed 0.04 grains per dry standard cubic foot averaged over a three-hour period, if the facility is subject to 40 C.F.R. 60.90, Subpart I. If the facility is not subject to Subpart I, it shall not exceed the applicable particulate emission limiting standard pursuant to paragraph 62-296.320(4)(a), F.A.C., and its hours of operation shall not exceed 4, 000 hours in any consecutive twelve-month period.

e. Fugitive PM emissions shall be controlled in accordance with the requirements of paragraph 62-296.320(4)(c), F.A.C.

f. Visible emissions (VE) shall not be equal to or greater than 20 percent opacity.

g. The owner or operator shall maintain records to document the monthly and the twelve-month rolling totals of tons of asphaltic concrete produced, the gallons of fuel oil consumed, and the hours of operation. Such records shall be retained for five years.

h. The owner or operator shall submit an Annual Operating Report for Air Pollutant Emitting Facility (DEP Form No. 62-210.900(5)) to the Department annually pursuant to subsection 62-210.370(3), F.A.C.

i. The owner or operator shall submit a stack test using EPA Reference Method 5 or 5A and a visible emission (VE) test using EPA Reference Method 9, incorporated and adopted by reference in Rule 62-204.800, F.A.C., that demonstrate compliance with the applicable PM and VE standards, respectively, to the Department annually during each calendar year (January 1 - December 31).

j. The owner or operator of any facility claiming this exemption must have authorization to operate by a non-Title V air operation permit that implements the requirements of sub-subparagraphs 62-210.300(3)(c) 2.a. through j., F.A.C.

(4) Authorization by Air General Permit. At the option of the owner or operator, certain facilities may use an air general permit pursuant to the procedures and conditions of Rule 62-210.310, F.A.C., Air General Permits, or Rule 62-213.300, F.A.C., Title V Air General Permits. The owner or operator of any eligible facility who registers to use an air general permit under either of these rules, and who has not been notified by the department of ineligibility to use the air general permit, shall not be required to obtain an air construction permit pursuant to subsection 62-210.300(1), F.A.C., or an air operation permit pursuant to subsection 62-210.300(2), F.A.C., or Rule 62-213.400, F.A.C., as applicable.

(5) Notification of Startup. The owners or operator of any emissions unit or facility which has a valid air operation permit which has been shut down more than one year, shall notify the Department in writing of the intent to start up such emissions unit or facility, a minimum of 60 days prior to the intended startup date.

(a) The notification shall include information as to the startup date, anticipated emission rates or pollutants released, changes to processes or control devices which will result in changes to emission rates, and any other conditions which may differ from the valid outstanding operation permit.

(b) If, due to an emergency, a startup date is not known 60 days prior thereto, the owner shall notify the Department as soon as possible after the date of such startup is ascertained.

(6) Emissions Unit Reclassification.

(a) Any emissions unit whose operation permit has been revoked as provided for in Chapter 62-4, F.A.C., shall be deemed permanently shut down for purposes of Rule 62-212.500, F.A.C. Any emissions unit whose permit to operate has expired without timely renewal or transfer may be deemed permanently shut down, provided, however, that no such emissions unit shall be deemed permanently shut down if, within 20 days after receipt of written notice from the Department, the emissions unit owner or operator demonstrates that the permit expiration resulted from inadvertent failure to comply with the requirements of Rule 62-4.090, F.A.C., and that the owner or operator intends to continue the emissions unit in operation, and either submits an application for an air operation permit or complies with permit transfer requirements, if applicable.

(b) If the owner or operator of an emissions unit which is so permanently shut down, applies to the Department for a permit to reactivate or operate such emissions unit, the emissions unit will be reviewed and permitted as a new emissions unit.

(7) Transfer of Air Permits.

(a) An air permit is transferable only after submission of an Application for Transfer of Air Permit (DEP Form 62-210.900(7)) and Department approval in accordance with Rule 62-4.120, F.A.C. For Title V permit transfers only, a complete application for transfer of air permit shall include the requirements of 40 CFR 70.7(d)(1)(iv), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Within 30 days after approval of the transfer of permit, the Department shall update the permit by an administrative permit correction pursuant to Rule 62-210.360, F.A.C.

(b) For an air general permit, the provisions of paragraph 62-210.300(7)(a) and Rule 62-4.120, F.A.C., do not apply. Thirty (30) days before using an air general permit, the new owner must submit a registration to the Department in accordance with subsection 62-210.310 (2), F.A.C.

Fla. Admin. Code Ann. R. 62-210.300

Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS.

Formerly 17-2.210, Amended 11-28-93, Formerly 17-210.300, Amended 11-23-94, 4-2-95, 4-18-95, 10-16-95, 1-2-96, 3-13-96, 3-21-96, 5-13-96, 8-15-96, 10-7-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 6-21-01, 7-6-05, 2-2-06, 1-10-07, 5-9-07, 3-16-08, 10-12-08, 6-29-11, Amended by Florida Register Volume 43, Number 070, April 11, 2017 effective 4/26/2017, Amended by Florida Register Volume 44, Number 119, June 19, 2018 effective 7/3/2018, Amended by Florida Register Volume 46, Number 180, September 15, 2020 effective 9/29/2020, Amended by Florida Register Volume 47, Number 106, June 2, 2021 effective 6/16/2021, Amended by Florida Register Volume 49, Number 095, May 16, 2023 effective 6/1/2023.