EPA Issues Final Approval of Florida’s SSM SIP Revisions

On August 4, 2023, the U.S. Environmental Protection Agency (EPA) published in the Federal Register the final approval of the State Implementation Plan (SIP) revisions submitted by the State of Florida through the Florida Department of Environmental Protection (FDEP). The final SIP revision addresses excess emissions during startup, shutdown, and malfunction (SSM) events, and additional source-specific sulfur dioxide (SO₂) and nitrogen oxide (NO_X) emission limits in Chapter 62-296, Florida Administrative Code (F.A.C.). These revisions within Florida’s SIP affect several industry types and various sources of air pollution.

Historical Background of Florida’s SIP Revisions

In 2013, the U.S. EPA issued a notice of proposed rulemaking outline of EPA’s policy for SSM SIP provisions. After a review of Florida’s SSM SIP provisions, EPA determined during EPA’s SIP Call on June 12, 2015 that the provisions in Rule 62-210.700, F.A.C. were inconsistent with the Clean Air Act (CAA) sections 110(a)(2)(A), 110(a)(2)(C), and 302(k). The U.S. EPA required FDEP to submit SIP revisions to address the inadequacies with the CAA sections.

On November 22, 2016, FDEP submitted SIP revisions regarding Rule 62-210.700, F.A.C., which encompasses excess emissions during SSM events. The proposed revisions to the SSM SIP included language amendments and clarifications to align the rule with the CAA. A supplemental SIP revision to the November 22, 2016 SIP revision was submitted on September 30, 2022 to address additional rule amendments concerning SSM-related events and source-specific SO₂ and NO_X emission limits. This supplemental revision focused on Chapter 62-296, F.A.C. and included alternative SIP emission limits for the existing SIP emission limits that were identified as “problematic” if applied continuously. Furthermore, on April 1, 2022, FDEP submitted an additional SIP revision to revise Rules 62-296.405 and 62-296.570, F.A.C. The requested revisions were regarding the provisions regulating SO₂ and NO_X emissions as well as visible emissions from specific fossil fuel-fired steam generators with a heat input of more than 250 million British thermal units (Btu) per hour.

The U.S. EPA issued a proposed approval on May 8, 2023 of the SIP revisions submitted by FDEP on November 22, 2016 and September 30, 2022. The U.S. EPA also proposed to approve a portion of the April 1, 2022 SIP revision to amend Rules 62-296.405 and 62-296.570, F.A.C. On August 4, 2023, the U.S. EPA issued the final approval of Florida’s SIP revisions in 88 FR 51702, and the rule is effective September 5, 2023.

SSM SIP Revisions to Rule 62-210.700, F.A.C.

Florida’s November 22, 2016 SIP submission addressed the inadequacies of the State’s SSM SIP Rule (Rule 62-210.700, F.A.C.). To better align the provisions with the CAA, FDEP submitted a SIP revision to amend, remove, and clarify language concerning excess emissions during SSM events. The U.S. EPA approved of the following revisions to Florida’s SSM SIP Provision:

• Deletion of Rule 62-210.700(4), F.A.C. with the addition of equivalent language to Rules 62-210.700(1) and (2), F.A.C.;
• Amendment of Rule 62-210.700(3), F.A.C. to clarify and restate the visible emissions and PM limits applicable during boiler cleaning and load changes through the following:
  • Removing the statement that excess emissions during these periods “shall be permitted,”
  • Removing the exemption for pollutants other than PM and visible emissions, and
  • Removing a specific allowance for visible emissions which exceed 60% opacity for up to four 6-minute periods during the 3-hour period of excess emissions allowed for boiler cleaning and load changes.
• Addition of Rule 62-210.700(6), F.A.C. stating that Rules 62-210.700(1) and (2), F.A.C. shall not apply after November 22, 2023 to emission limits or unit-specific emission limits incorporated into Florida’s SIP; and
• Addition of Rule 62-210.700(7), F.A.C. stating that after September 5, 2023, Rules 62-210.700(1) and (2), F.A.C. shall not apply to new permit-specific emission limits established pursuant to Florida’s PSD and NNSR regulations.

Supplemental SSM SIP Revisions for Chapter 62-296, F.A.C.

In addition to the November 22, 2016 SIP submission, FDEP submitted two supplemental SIP submissions on April 1, 2022, and September 30, 2022. Both submissions included revisions to SIP emission limits in Chapter 62-296, F.A.C. For the April 1, 2022 SIP submission, the U.S. EPA approved the portion of the SIP revision to amend Rules 62-296.405 and 62-296.570, F.A.C. The U.S. EPA approved the entirety of the September 30, 2022 SIP revision to include alternative SIP emission limits and amend language throughout Chapter 62-296, F.A.C. The revisions within Chapter 62-296, F.A.C. are detailed below:

• Approval of SSM-related and other changes to Rule 62-296.405, “Existing Fossil Fuel Steam Generators with Greater than or Equal to 250 Million Btu Per Hour Heat Input,” and Rule 62-296.570, “Reasonably Available Control Technology (RACT) Requirements for Major VOC- and NO_X– Emitting Facilities”;
  • The changes included clarifications on how emissions are calculated, including during periods of SSM.
• Removal of the SO2 emission limit in Rule 62-296.402, “Sulfuric Acid Plants”;
• Removal of the NOX emission limit in Rule 62-296.408, F.A.C. “Nitric Acid Plants”; and
• Approval for Florida to incorporate source-specific SO₂ and NO_X emission limits and construction permit conditions for five SO₂ emissions units and two NO_X emissions units.

If you would like to discuss these regulatory updates and the potential impacts on your facility, please contact Trinity’s Orlando office or call 407.982.2891.