Florida’s Recent SIP Revisions Streamline the Air Operation Permit Revision Process

Revisions to Rules 62-210.300, 62-210.310, and 62-210.360

• Rule 62-210.360(1)(e) and (f), F.A.C. have been modified to allow for operating permits to be administratively corrected to incorporate air construction permits that meet the procedural requirements of 40 CFR 70.7(e), including appropriate public notice and EPA review. Assuming no substantive changes need to be incorporated with the construction permit into the operating permit, this removes the procedural step of requiring an operating permit revision or modification application following the receipt of a construction permit. There would be no additional fees associated with the issuance of an administrative amendment in this case – only those associated with the initial air construction permit application – and the facility would not be required to complete a submittal via DEP’s Electronic Permit Submittal and Processing System (EPSAP). The facility would be required to submit a cover letter detailing their compliance status and means of assuring compliance (i.e., a performance test report, if applicable) that is certified and sealed by a Professional Engineer.
• Addition of Rule 62-210.300(3)(a)37., F.A.C. now provides a categorical permit exemption for yard trash processing and recycling facilities (also known as source-separated organics processing facilities), provided that the facility:
  1. 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.;
  2. Complies with the general particulate emissions limiting standards pursuant to subsection 62-296.320(4), F.A.C.; and
  3. Prohibits open burning at the facility.
• The categorical exemption for fossil fuel steam generators, hot water heaters, and other external combustion heating units with a heat input capacity less than 100 MMBtu/hr per Rule 62-210.300(3)(a)34., F.A.C., was revised to include units subject to 40 CFR 63 Subpart DDDDD (Major Source Boiler MACT), in addition to those units subject to 40 CFR 63 Subpart JJJJJJ for area sources. These units may be subject to the categorical exemption, but the owners of these units must still comply with all limitations and requirements of their respective subparts of Part 63.
• The ability to receive an Air General Permit for Ethylene Oxide Sterilizers has been removed from Rule 62-210.310, F.A.C. Ethylene Oxide Sterilizer facilities operating under the authorization of an existing air general permit may continue to operate until the expiration of the facility’s existing air general permit, or, if the facility applies for an air construction permit prior to the expiration of its existing air general permit, until the Department issues an air construction permit to the facility. After July 1, 2023, any modification at a facility to expand operations, capture fugitive emissions, or install air pollution control equipment will require authorization through a facility-specific air construction permit and air operation permit. The owner or operator of a facility operating under the authority of the air general permit shall apply for an air operation permit at least 180 days prior to the expiration of the facility’s existing air general permit.

SIP Update to Surface Coating of MMPP Requirements for Aerospace Parts and Products Coating Operations

1. Area sources that comply with primer, topcoat, and specialty coating VOC control requirements of 40 CFR 63, Subpart GG; or
2. Major sources that are subject to 40 CFR 63. Subpart GG.