Fla. Admin. Code R. 62-213.420

Current through Reg. 50, No. 244; December 17, 2024

Section 62-213.420 - Permit Applications

(1) Duty to Apply. For each Title V source, the owner or operator shall submit a timely and complete permit application in compliance with the requirements of this section and subsections 62-4.050(1) through (3), F.A.C.

(a) Timely Application.

1. A facility that commences operation as a Title V source or that otherwise becomes subject to the permitting requirements of Chapter 62-213, F.A.C., must file an application for an operation permit under this chapter at least ninety days before expiration of the source's air construction permit, but no later than 180 days after commencing operation as a Title V source, unless a different application due date is provided at Rule 62-204.800, F.A.C., or an earlier date is provided in the air construction permit. A source that applied for an Electrical Power Plant Siting Certification prior to October 26, 1995, but was not issued the certification as of that date, or a source that was issued an Electrical Power Plant Siting Certification prior to October 26, 1995, but did not commence operation by that date, shall file an application for an operation permit under this chapter no later than 180 days after commencing operation.

2. For purposes of permit renewal, a timely application is one that is submitted 180 days before the expiration of a permit that expires before June 1, 2009, and 225 days before the expiration of a permit that expires on or after June 1, 2009.

3. A Title V source which contains an emissions unit that commences operation or is modified shall submit an application for a permit revision, or a supplement to a pending application, at least ninety days prior to expiration of the unit's air construction permit, but no later than 180 days after the emissions unit commences operation or commences operation as modified. Any source that contains an emissions unit that has not commenced operation or which has not demonstrated initial compliance with all applicable requirements by the time that the source submits its application for a Title V permit, permit revision, or permit renewal may include such emissions unit in the application, provided the source submits a compliance schedule and methodology, in accordance with paragraph 62-213.420(3)(l), F.A.C.

(b) Complete Application.

1. Any applicant for a Title V permit, permit revision or permit renewal must submit an application on DEP form number 62-210.900(1), which must include all the information specified by subsection 62-213.420(3), F.A.C., except that an application for permit revision must contain only that information related to the proposed change(s) from the currently effective Title V permit and any other requirements that become applicable at the time of application. The applicant shall include information concerning fugitive emissions and stack emissions in the application. Each application for permit, permit revision or permit renewal shall be certified by a responsible official in accordance with subsection 62-213.420(4), F.A.C.

2. The application shall be deemed complete sixty days after receipt, unless the Department, within sixty days after receipt of a certified application for permit, permit revision or permit renewal, requests additional documentation or information needed to process the application. An applicant making timely and complete application for permit, or for permit renewal, shall continue to operate the source under the authority and provisions of any existing valid permit or Florida Electrical Power Plant Siting Certification, and in accordance with applicable requirements of the Acid Rain Program, until the conclusion of proceedings associated with its permit application or until the new permit becomes effective, whichever is later, provided the applicant complies with all the provisions of subparagraph 62-213.420(1)(b) 3., F.A.C. Failure of the Department to request additional information within sixty days of receipt of a properly signed application shall not impair the Department's ability to request additional information pursuant to subparagraph 62-213.420(1)(b) 3., F.A.C.

3. Should the Department become aware, during processing of any application that the application contains incorrect information, or should the Department become aware, as a result of comment from an affected State, an approved local air program, EPA, or the public that additional information is needed to evaluate the application, the Department shall notify the applicant within 30 days. When an applicant becomes aware that an application contains incorrect or incomplete information, the applicant shall submit the corrected or supplementary information to the Department, and the Department's completeness review clock shall be restarted upon the Department's receipt of the information. If the Department notifies an applicant that corrected or supplementary information is necessary to process the permit application, and requests a response, the applicant shall provide the information to the Department within ninety days of the Department request unless the applicant has requested and been granted additional time to submit the information or, the applicant shall, within ninety days, submit a written request that the Department process the application without the information. Failure of an applicant to submit corrected or supplementary information requested by the Department within ninety days, or such additional time as requested and granted, or to demand in writing within ninety days that the application be processed without the information shall render the application incomplete. Nothing in this section shall limit any other remedies available to the Department.

4. All Department requests for additional information shall conform to the requirements of subsections 62-4.055(2), (3), and (4), F.A.C.

5. The Department shall grant requests for additional time to submit supplemental or corrected information as follows:

a. Each source requesting additional time must make a written request prior to the due date for receipt of the information and must specify the number of additional days requested,

b. The Department shall grant up to sixty additional days to any source operating in compliance with the terms and conditions of the source's existing valid permit without the need to show cause,

c. The Department shall grant additional time beyond sixty days or to sources not operating in compliance with existing valid permits only after the source demonstrates good cause. Good cause shall mean any unforeseen situation outside the control of the source such as labor strikes, acts of war, extraordinary or sudden and unexpected acts of nature or accidents beyond the control of the source. If the Department has required, in the request for additional or corrected information, that the source undertake specific testing or investigation, good cause shall also include the requirement to complete any required tests or investigation that cannot be completed within 150 days, so long as the source specifies the expected date of completion in its demonstration of good cause and so long as the estimated time requested is for the work required.

(2) Confidential Information. Whenever an applicant submits information under a claim of confidentiality pursuant to Section 403.111, F.S., the applicant shall also submit a copy of all such information and claim directly to EPA.

(3) Standard Application Form and Required Information. Applications shall be submitted under this chapter on forms provided by the Department and adopted by reference in subsection 62-210.900(1), F.A.C. The information as described on the forms in subsection 62-210.900(1), F.A.C., shall be included for the Title V source and each emissions unit. An application must include information sufficient to determine all applicable requirements for the Title V source and each emissions unit and to evaluate a fee amount pursuant to Rule 62-213.205, F.A.C. The application shall specifically include the following information, as detailed in the application form (DEP form number 62-210.900(1)); provided, however, that the information required by paragraphs (g) through (m), below, shall not be required for any emissions unit which is not subject to any unit-specific applicable requirements, except as needed to determine that no applicable requirements exist:

(a) Identifying information;

(b) Description of source's processes and products;

(c) Information, as set forth in this subsection and in the application form number 62-210.900(1), on the emissions of all regulated pollutants which the applicant knows or has reason to believe are being emitted from a source in amounts as set forth in subparagraphs 62-213.420(3)(c) 1. through 6., F.A.C. The applicant shall report pollutants for each emissions unit and for source-wide emissions such as fugitive emissions. When pollutants must be quantified, for those pollutants for which no standard test method or published emissions factor is available to the applicant, the applicant shall estimate the emissions and include the basis for the estimate with the emissions information. For purposes of this subsection, regulated pollutant means any pollutant to which an emissions limitation applies in accordance with subparagraph 62-213.420(3)(c) 2., F.A.C.; any hazardous air pollutant; and any other regulated air pollutant as specified in Rule 62-210.200, F.A.C., except any pollutant that is regulated solely under 42 U.S.C. s. 7412(r). Except as provided in Chapter 62-297, F.A.C., for submittal of compliance test data, nothing in this section shall be construed to require testing of actual emissions for determining estimated or potential emissions for a permit application. All applicants shall report regulated pollutants as set forth in subparagraphs 62-213.420(3) (c) 1. through 6., F.A.C.

1. Each Title V source shall identify each regulated pollutant which the applicant knows or has reason to believe the facility emits or has the potential to emit in a major amount. Major source thresholds are as follows:

a. 100 tons per year for carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and volatile organic compounds,

b. 5 tons per year for lead and lead compounds expressed as lead,

c. 10 tons per year for any hazardous air pollutant,

d. 25 tons per year for total hazardous air pollutants; and,

e. 100 tons per year for any other regulated pollutant.

2. Those Title V sources which are subject to a numerical emissions limitation under any applicable requirement, or for which a numerical emissions limitation is included in the source's most recent operation permit, shall report and quantify, for each emissions unit subject to the emissions limitation, all emissions of any pollutant to which the limitation applies. The provisions of this rule, subparagraph 62-213.420(3)(c) 2., F.A.C., shall not apply to the reporting of radionuclides emissions or asbestos emissions resulting from asbestos removal.

3. Each Title V source that emits or has the potential to emit any pollutant described in paragraphs (a) and (c), of the definition of regulated air pollutant in Rule 62-210.200, F.A.C., shall identify, for each emissions unit, each such pollutant which the applicant knows or has reason to believe would be emitted in an amount equal to or greater than:

a. 5.0 tons per year for carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and volatile organic compounds, or

b. 500 pounds per year for lead and lead compounds expressed as lead.

4. Each Title V source that emits or has the potential to emit any hazardous air pollutant or total hazardous air pollutants in a major amount as set forth in subparagraph 62-213.420(3)(c) 1., F.A.C., or in an amount that would be a major amount but for a limitation on emissions being requested for the first time by the applicant, shall identity, for each emissions unit, each such pollutant which the applicant knows or has reason to believe would be emitted in an amount equal to or greater than:

a. 1, 000 pounds per year for each individual hazardous air pollutant, or

b. 2, 500 pound per year for total hazardous air pollutants.

5. Title V sources which are also subject to the Federal Acid Rain Program shall report all emissions of sulfur dioxide and nitrogen oxides from any affected acid rain unit in accordance with this subsection or the reporting requirements of the Federal Acid Rain Program, whichever are more stringent.

6. Each Title V source that emits or has the potential to emit ammonia in an amount greater than 250 tons per year shall identify each emissions unit that emits or has the potential to emit ammonia in an amount equal to or greater than 12.5 tons per year.

(d) Process and operating information;

(e) Control equipment information;

(f) If requested by the Department, information concerning operations and methodology for the development of periodic monitoring in accordance with subsection 62-213.440(4), F.A.C. Such request must be made within 60 days of the date the application was submitted, except as required by subparagraph 62-213.420(1)(b) 3., F.A.C.;

(g) Calculations;

(h) Identification of all applicable requirements and test methods;

(i) Limitations on source operations affecting emissions;

(j) Proposed alternate methods of operation;

(k) Compliance statement;

(l) Compliance schedule and methodology, if applicable;

(m) Reporting and recordkeeping requirements;

(n) A list of emissions units or activities for which a determination of insignificance is requested pursuant to subsection 62-213.430(6), F.A.C., because of size or production rate and any information needed to demonstrate that the units or activities qualify as insignificant under the provisions of subsection 62-213.430(6), F.A.C.

(4) Certification by Responsible Official. In addition to the professional engineering certification required for applications by subsection 62-4.050(3), F.A.C., any application form, report, compliance statement, compliance plan and compliance schedule submitted pursuant to this chapter shall contain a certification signed by a responsible official that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. Any responsible official who fails to submit any required information or who has submitted incorrect information shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary information or corrected information.

(5) Acid Rain Part. For those facilities subject to the Federal Acid Rain Program, any applicant that wishes separate processing of the Acid Rain Part of a Title V permit shall request this by application. In such case, the Department shall process separate permit parts for the Acid Rain Part and for the remaining Title V requirements, provided that the expiration dates of both permit parts coincide for the duration of operation of the facility. The Department shall adjust the expiration date of the permit parts to assure that the dates coincide, but in no case shall either permit part duration exceed five years, per the provisions of paragraph 62-213.440(1)(a), F.A.C. There shall be only one Acid Rain Part for each facility. Each such permit part shall be processed as a Title V permit for purposes and requirements of this chapter.

Fla. Admin. Code Ann. R. 62-213.420

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.061, 403.0872 FS.

New 11-28-93, Amended 4-17-94, Formerly 17-213.420, Amended 11-23-94, 4-2-95, 10-11-95, 3-13-96, 3-20-96, 6-25-96, 10-7-96, 11-13-97, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10, Amended by Florida Register Volume 47, Number 056, March 23, 2021 effective 4/8/2021.