Section 62-210.220 - Small Business Assistance ProgramA "Small Business Stationary Source Technical and Environmental Compliance Assistance Program, " or "Small Business Assistance Program, " is established as an organizational unit of the Department's Division of Air Resources Management. The purpose of this rule is to establish procedures for notifying small business stationary sources of their rights and to assure an opportunity for public comment on any petition filed by any facility seeking inclusion on the list of small business stationary sources maintained by the Small Business Assistance Program.
(1) Notification of Rights. The Department shall provide, at a minimum, notice to small business stationary sources as identified pursuant to subsection 62-210.220(2), F.A.C., of state requirements. (a) The Small Business Assistance Program shall provide notice of those rules related to air pollution which have been proposed by the Department and published in the Florida Administrative Register. Each notice shall contain: 1. The subject matter of the rule,3. Any published effective date,4. The Florida Administrative Register location, by volume and page number; and,5. The Small Business Assistance Program Hotline telephone number.(b) The Department shall provide those small business stationary sources identified pursuant to subsection 62-210.220(2), F.A.C., which are also Title V sources with notice of any requirements of Chapter 62-213, F.A.C., in accordance with the provisions of Chapter 62-213, F.A.C.(2) Public Notice and Comment. The Small Business Assistance Program shall create and maintain a list of interested entities to receive the notices identified in subsection 62-210.220(1), F.A.C.(a) The Small Business Assistance Program shall create a list of small business stationary sources as follows: 1. The program shall identify, using existing Department air pollutant emitting facility computerized records, all permitted facilities that have the potential to emit not more than 100 tons per year of all regulated air pollutants. The program shall request of each such facility: a. The total number of full-time and part-time employees, including temporary employees, employed by the person, corporation or partnership which owns or operates the facility,b. The type of business in which the facility is engaged; and,c. The total amount of annual receipts for the most recently completed fiscal year.2. Each facility desiring consideration as a small business stationary source shall provide the information listed in subparagraph 62-210.220(2)(a) 1., F.A.C. The Small Business Assistance Program shall review the information and determine, based upon the information submitted by the facility and upon the air pollutant emission information contained in the Department's computerized air facility records, whether the facility is a "small business stationary source" as defined in subsection 62-210.200, F.A.C.(b) Any facility may petition for inclusion on the list described at paragraph 62-210.220(2)(a), F.A.C. Each petitioning facility must publish notice of such petition in a newspaper of general circulation in each county in which the facility operates. No less than 30 days after receipt of both the notice of publication and a petition meeting the requirements of this paragraph, the Small Business Assistance Program shall add to the list the name and address of any such facility which conforms to the requirements of paragraph (b), of the definition of "small business stationary source" at Rule 62-210.200, F.A.C. Each petition for inclusion must provide factual data showing: 5. Standard Industrial Classification (SIC) code,6. Description of operation, 7. Data showing the facility is owned or operated by an individual person, a corporate entity or a partnership entity employing no more than 100 employees including full and part-time employees and permanent and temporary employees during any pay period of the past 12 calendar months preceding application,8. Data showing the facility does not exceed the size standards, as expressed in dollars, established in 13 C.F.R. 121.601, hereby adopted and incorporated by reference; and,9. Data showing the facility does not emit more than 100 tons per year, in the aggregate, of all regulated air pollutants.(c) The Small Business Assistance Program shall notify each facility responding pursuant to subparagraph 62-210.220(2) (a) 2., F.A.C., or petitioning pursuant to paragraph 62-210.220(2) (b), F.A.C., that the responding facility does or does not conform to the definition of "small business stationary source" at Rule 62-210.200, F.A.C., or that the petitioning facility does or does not conform to the requirements of paragraph (b), of the definition of "small business stationary source" at Rule 62-210.200, F.A.C. The determination shall constitute agency action for purposes of Chapter 28-106, F.A.C. Any person who has provided comments to the Small Business Assistance Program in response to the published notice described at paragraph 62-210.220(2)(b), F.A.C., shall be provided written notice of the determination. The facility shall be considered an applicant for purposes of Chapter 28-106, F.A.C.(d) The Department shall include on the list described at paragraph 62-210.220(1) (a), F.A.C., each facility that has submitted a petition pursuant to paragraph 62-210.220(2)(b), F.A.C., and which the Department has determined conforms to the definition of "small business stationary source" at Rule 62-210.200, F.A.C.(e) The Department shall maintain the list described at paragraph 62-210.220(1)(a), F.A.C., annually. The Department shall delete from the list the name and address of any facility which has requested deletion or from which the Department's notice has been returned as not deliverable.Fla. Admin. Code Ann. R. 62-210.220
Rulemaking Authority 403.8052 FS. Law Implemented 403.8052 FS.
New 10-15-96, Amended 2-11-99.New 10-15-96, Amended 2-11-99.