CHAPTER 62-204 AIR POLLUTION CONTROL - GENERAL PROVISIONS
62-204.100
62-204.200
62-204.220
62-204.240
62-204.260
62-204.300
62-204.320
62-204.340
62-204.360
62-204.400
62-204.500
62-204.600
62-204.800
Purpose and Scope. (Effective 3/13/96)
Definitions. (Effective 10/6/08)
Ambient Air Quality Protection. (Effective 3/13/96)
Ambient Air Quality Standards. (Effective 3/13/96)
Prevention of Significant Deterioration Maximum Allowable Increases (PSD Increments).
(Effective 2/12/06)
Approved State Implementation Plan. (Repealed)
Procedures for Designation and Redesignation of Areas. (Effective 3/13/96)
Designation of Attainment, Nonattainment, and Maintenance Areas. (Effective 3/13/96)
Designation of Prevention of Significant Deterioration Areas. (Effective 3/13/96)
Public Notice and Hearing Requirements for State Implementation Plan Revisions. (Effective
10/6/08)
Conformity. (Effective 9/1/98)
Transportation Conformity. (Repealed)
Federal Regulations Adopted by Reference. (Effective 12/30/10)
62-204.100 Purpose and Scope.
(1) This chapter establishes maximum allowable levels of pollutants in the ambient air, or ambient air quality
standards, necessary to protect human health and public welfare. This chapter also establishes maximum allowable
increases in ambient concentrations for subject pollutants to prevent significant deterioration of air quality in areas
where ambient air quality standards are being met. It further specifies approved air quality monitoring and modeling
methods.
(2) In addition, this chapter designates all areas of the state as attainment, nonattainment, or unclassifiable with
respect to each pollutant for which ambient air quality standards have been adopted; further designates certain
attainment and unclassifiable areas of the state as air quality maintenance areas for particular pollutants; classifies all
areas of the state as Class I, Class II, or Class III for determining which set of prevention of significant deterioration
(PSD) increments apply; and designates all attainment and unclassifiable areas of the state as one or more PSD areas
for determining which pollutant-specific PSD baseline dates apply. This chapter also sets forth procedures for
redesignating and reclassifying areas as above.
(3) The Department of Environmental Protection adopts this chapter to identify the Florida State
Implementation Plan (SIP) required by the U.S. Environmental Protection Agency pursuant to 40 C.F.R. Part 51; to
set forth the public notice and hearing requirements that the Department will adhere to for making SIP revisions; and
to set forth the definitions, criteria, and procedures that the Department will use to review a federal agency’s general
conformity determination, made pursuant to 40 C.F.R. Part 51, Subpart W; and to adopt by reference an interagency
memorandum of agreement that the Department will comply with to review any transportation conformity
determination, made pursuant to 40 C.F.R. Part 51, Subpart T. The provisions to 40 C.F.R. 51.853 require that a
federal agency make a general conformity determination for any federal agency action in a nonattainment or
maintenance area, to ensure that such action is consistent with the SIP and that such federal conformity
determination be reviewed by the affected state. The provisions of 40 C.F.R. 51.394 require that a transportation
conformity determination be made for the adoption, acceptance, approval, or support of certain transportation plans,
transportation improvement programs, and transportation projects in nonattainment and maintenance areas for
transportation-related criteria pollutants to ensure that such actions are consistent with the SIP.
(4) Finally, this chapter adopts and incorporates by reference federal air pollution control regulations which are
referenced in whole or in part throughout the Department’s air pollution control rules.
Specific Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.8055 FS. History–New 11-30-94,
Amended 3-13-96.
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62-204.200 Definitions.
The following words and phrases when used in this chapter, unless content clearly indicates otherwise, have the
following meanings:
(1) “Actual Emissions” – The actual rate of emission of a pollutant from an emissions unit as determined in
accordance with the following provisions.
(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the
emissions unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular
date and which is representative of the normal operation of the emissions unit. The Department shall allow the use
of a different time period upon a determination that it is more representative of the normal operation of the
emissions unit. Actual emissions shall be calculated using the emissions unit’s actual operating hours, production
rates and types of materials processed, stored, or combusted during the selected time period.
(b) The Department may presume that unit-specific allowable emissions for an emissions unit are equivalent to
the actual emissions of the emissions unit provided that such unit-specific allowable emissions limits are federally
enforceable.
(c) For any emissions unit that has not begun normal operations on a particular date, actual emissions shall
equal the potential emissions of the emissions unit on that date.
(2) “Administrator” – The Administrator of the United States Environmental Protection Agency or the
Administrator’s designee.
(3) “Air Pollutant” – Any substance (particulate, liquid, gaseous, organic or inorganic) which if released,
allowed to escape, or emitted, whether intentionally or unintentionally, into the outdoor atmosphere may result in or
contribute to air pollution.
(4) “Air Pollution” – The presence in the outdoor atmosphere of the state of any one or more substances or
pollutants in quantities which are or may be harmful or injurious to human health or welfare, animal or plant life, or
property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
(5) “Air Quality Control Region” – Any air quality control region designated pursuant to Section 107 of the
Clean Air Act. The boundaries of the air quality control regions in Florida are set forth in 40 C.F.R. Part 81,
Sections 81.49, 81.68, 81.91, 81.95, 81.96 and 81.97, adopted and incorporated by reference in Rule 62-204.800,
F.A.C.
(6) “Ambient Air Quality Standard” or “Ambient Standard” – A restriction established to limit the quantity or
concentration of an air pollutant that may be allowed to exist in the ambient air for any specific period of time.
(a) “National Ambient Air Quality Standard” means an ambient standard established by EPA and specified at
40 C.F.R. Part 50, adopted and incorporated by reference in Rule 62-204.800, F.A.C.
(b) “Primary Standard” means an ambient standard established to protect public health.
(c) “Secondary Standard” means an ambient standard established to protect the public welfare including the
protection of animal and plant life, property, visibility and atmospheric clarity, and the enjoyment of life and
property.
(d) “State Ambient Air Quality Standard” means an ambient standard established or adopted by the Department.
(7) “Baseline Area” – The area (and every part thereof) designated as a prevention of significant deterioration
(PSD) area under Rule 62-204.360, F.A.C., in which the facility or major modification establishing the minor source
baseline date would construct or in which the emissions of the facility (or the significant net increase in emissions
for a major modification) would have a predicted air quality impact equal to or greater than one microgram per cubic
meter (annual average) of the pollutant for which the minor source baseline date is established. For purposes of this
definition, “major modification” has the meaning given at Rule 62-210.200, F.A.C.
(8) “Baseline Concentration” – The ambient concentration level that exists in the baseline area at the time of the
applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor
source baseline date is established and for each averaging time for which a maximum allowable increase is
established in Rule 62-204.260, F.A.C.
(a) The baseline concentration shall include the concentration attributable to:
1. The actual emissions representative of sources in existence on the applicable minor source baseline date,
except as provided at paragraph 62-204.200(8)(b), F.A.C.; and
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2. The federally enforceable allowable emissions of major stationary sources on which construction commenced
on or before the major source baseline date but which were not in operation by the applicable minor source baseline
date.
(b) The baseline concentration shall not include the concentration attributable to the following emissions; rather,
such emissions shall affect the amount of any applicable maximum allowable increase remaining available:
1. The actual emissions from any major stationary source on which construction commenced after the major
source baseline date; and
2. Any increase or decrease in the actual emissions of facilities occurring after the applicable minor source
baseline date.
(c) For purposes of this definition, “construction” means any physical change or change in the method of
operation (including fabrication, erection, installation, demolition, shutdown or modification of an emissions unit)
that would result in a change in emissions; and “commence construction” has the meaning given at Rule 62-210.200,
F.A.C., provided, however, that in the case of demolition or shutdown of an emissions unit, “commence
construction” means that the owner or operator has permanently ceased all operations of the unit.
(d) Notwithstanding the provisions of paragraph (b) above:
1. The change in concentration attributable to any decrease in the actual emissions of a facility on which the
Department has relied in demonstrating attainment, defining reasonable further progress, or issuing a permit under
the provisions of Rule 17-2.17 (repealed), 17-2.510 (transferred), 17-2.650 (transferred), 62-212.500, 62-296.500
through 62-296.570, or 62-296.700 through 62-296.712, F.A.C., shall be included in the baseline concentration and
not be considered in determining the amount of any maximum allowable increase remaining available; and
2. Concentrations of particulate matter attributable to the increase in emissions from construction or other
temporary emission-related activities of new or modified facilities shall be excluded in determining compliance with
any maximum allowable increase.
(9) “Cause or Contribute” – With respect to a violation of an ambient air quality standard, to have a significant
impact on the ambient air concentration of a pollutant at any locality that does not or would not meet the applicable
standard.
(10) “Clean Air Act (CAA)” or “Act” – The Federal Clean Air Act (42 U.S.C. s. 7401 et seq.)
(11) “Department” – The State of Florida Department of Environmental Protection.
(12) “Emission” – The discharge or release into the atmosphere of one or more air pollutants.
(13) “Emission Limiting Standard” or “Emission Standard” or “Emission Limitation” or “Performance
Standard” – Any restriction established in or pursuant to a regulation adopted by the Department which limits the
quantity, rate, concentration or opacity of any pollutant released, allowed to escape or emitted, whether intentionally
or unintentionally, into the atmosphere, including any restriction which prescribes equipment, sets fuel
specifications, or prescribes operation or maintenance procedures for an emissions unit to assure emission reduction
or control.
(14) “Emissions Unit” – Any part or activity of a facility that emits or has the potential to emit any air pollutant.
(15) “Environmental Protection Agency” or “EPA” – The United States Environmental Protection Agency.
(16) “Facility” – All of the emissions units which are located on one or more contiguous or adjacent properties
and which are under the control of the same person (or persons under common control).
(17) “Federal Land Manager” – With respect to any lands in the United States, the Secretary of the department
with authority over such lands.
(18) “Indian Governing Body” – The governing body of any tribe, band, or group of Indians subject to the
jurisdiction of the United States and recognized by the United States as possessing power of self-government.
(19) “Indian Reservation” – Any federally recognized reservation established by Treaty, Agreement, Executive
Order, or Act of Congress.
(20) “Major Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(i), adopted and incorporated by
reference in Rule 62-204.800, F.A.C.;
(a) In the case of particulate matter and sulfur dioxide, January 6, 1975; and
(b) In the case of nitrogen dioxide, February 8, 1988.
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(21) “Marginal Nonattainment Area for Ozone” – The lowest category of five classifications of nonattainment
for the air pollutant ozone as defined in the Clean Air Act (42 U.S.C. s. 7511).
(22) “Minor Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(ii), adopted and incorporated by
reference in Rule 62-204.800, F.A.C., the minor source baseline date for each pollutant for which maximum
allowable increases have been established under Rule 62-204.260, F.A.C., is the earliest date after August 7, 1977,
for particulate matter and sulfur dioxide, and February 8, 1988, for nitrogen dioxide, that a facility or a modification
subject to preconstruction review under 40 C.F.R. 52.21, Rule 17-2.500, F.A.C. (transferred), or Rule 62-212.400,
F.A.C., submits a complete application for permit under such regulations provided that:
(a) On the date the complete application is filed, the area in which the facility or modification would be
constructed is designated as attainment or unclassifiable for the applicable pollutant under 42 U.S.C. Section
7407(d)(1) of the Clean Air Act (if the application is filed under 40 C.F.R. 52.21), or as a PSD area under Rule 172.450 (transferred), 62-275.700 (repealed) or 62-204.360, F.A.C., (if the application is filed under Rule 17-2.500
(transferred) or 62-212.400, F.A.C.); and
(b) In the case of a facility, the emissions of the applicable pollutant would be equal to or greater than the
significant emissions rate as defined at Rule 62-210.200, F.A.C., or, in the case of modification, there would be a
significant net emissions increase of the pollutant.
(23) “Moderate Nonattainment Area for Ozone” – The second-lowest category of five classifications of
nonattainment for the air pollutant ozone as defined in the Clean Air Act (42 U.S.C. s. 7511).
(24) “Modification” – Any physical change in, change in the method of operation of, or addition to a facility
which would result in an increase in the actual emissions of any air pollutant subject to regulation under the Act,
including any not previously emitted, from any emissions unit or facility.
(a) A physical change or change in the method of operation shall not include:
1. Routine maintenance, repair, or replacement of component parts of an emissions unit; or
2. A change in ownership of an emissions unit or facility.
(b) For any pollutant that is specifically regulated by the EPA under the Clean Air Act, a change in the method
of operation shall not include an increase in the hours of operation or in the production rate, unless such change
would be prohibited under any federally enforceable permit condition which was established after January 6, 1975.
(c) For any pollutant that is not specifically regulated by the EPA under the Clean Air Act, a change in the
method of operation shall not include an increase in the hours of operation or in the production rate, unless such
change would exceed any restriction on hours of operation or production rate included in any applicable Department
air construction or air operation permit.
(25) “Nonattainment Area” – Any area not meeting ambient air quality standards and designated as a
nonattainment area under Rule 62-204.340, F.A.C. Such an area may be designated as a particulate, sulfur dioxide,
nitrogen dioxide, carbon monoxide, lead or ozone nonattainment area, depending on which ambient standard has
been violated. An area may be designated as nonattainment for more than one air pollutant. Ozone nonattainment
areas may be transitional, marginal, moderate, serious, severe, or extreme as classified in Rule 62-204.340, F.A.C.
(26) “Particulate Matter”.
(a) With respect to concentrations in the atmosphere, particulate matter means any airborne finely divided solid
or liquid material.
(b) With respect to emissions, particulate matter means all finely divided solid or liquid material, other than
uncombined water, emitted to the atmosphere as measured by applicable reference methods, or an equivalent or
alternative method, specified in 40 C.F.R. Part 60, Appendix A, adopted and incorporated by reference in Rule 62204.800, F.A.C.
(27) “PM10”.
(a) With respect to concentrations in the atmosphere, PM10 means particulate matter with an aerodynamic
diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on 40
C.F.R. Part 50, Appendix J, adopted and incorporated by reference in Rule 62-204.800, F.A.C., and designated in
accordance with 40 C.F.R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53,
adopted and incorporated by reference in Rule 62-204.800, F.A.C.
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(b) With respect to emissions, PM10 means finely divided solid or liquid material, with an aerodynamic diameter
less than or equal to a nominal ten (10) micrometers emitted to the atmosphere as measured by an applicable
reference method or by an equivalent or alternative method specified in 40 C.F.R. Part 51, Appendix M, adopted and
incorporated by reference in Rule 62-204.800, F.A.C.
(28) “Redesignation of an Area” – A change in the designation or a redefinition of the boundaries of an area for
any of the designations listed under Rule 62-204.340 or 62-204.360, F.A.C.
(29) “Significant Impact” – An impact of emissions on ambient air quality in excess of any of the following
pollutant-specific concentration values:
(a) Sulfur Dioxide.
1. Maximum three-hour concentration not to be exceeded more than once per year – 25.0 micrograms per cubic
meter.
2. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic
meter for Class I areas; 5.0 micrograms per cubic meter for all other areas.
3. Annual arithmetic mean – 1.0 microgram per cubic meter.
(b) PM10.
1. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic
meter for Class I areas; 5.0 micrograms per cubic meter for all other areas.
2. Annual arithmetic mean – 1.0 microgram per cubic meter.
(c) Nitrogen Dioxide. Annual arithmetic mean – 1.0 microgram per cubic meter.
(d) Carbon Monoxide.
1. Maximum one-hour concentration not to be exceeded more than once per year – 2.0 milligrams per cubic
meter.
2. Maximum eight-hour concentration not to be exceeded more than once per year – 0.5 milligram per cubic
meter.
(e) Lead. Maximum quarterly arithmetic mean – 0.03 microgram per cubic meter.
(30) “State Implementation Plan (SIP)” or “Implementation Plan” – The EPA approved plan which Section 110
of the Clean Air Act requires a state to submit to the Administrator. The State Implementation Plan for the State of
Florida, as approved by the U.S. Environmental Protection Agency, is identified in 40 C.F.R. Part 52, Subpart K,
adopted and incorporated by reference in Rule 62-204.800, F.A.C.
Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 313-96, 2-12-06, 10-6-08.
62-204.220 Ambient Air Quality Protection.
(1) Except as provided in Rule 62-212.500, F.A.C., Preconstruction Review for Nonattainment Areas, or in the
Reasonably Available Control Technology rules of Chapter 62-296, F.A.C., the Department shall not issue an air
permit authorizing a person to build, erect, construct, or implant any new emissions unit; operate, modify, or rebuild
any existing emissions unit; or by any other means release or take action which would result in the release of an air
pollutant into the atmosphere which would cause or contribute to a violation of an ambient air quality standard
established under Rule 62-204.240, F.A.C.
(2) Except as provided in Rule 62-212.400, F.A.C., Prevention of Significant Deterioration (PSD), the
Department shall not issue an air permit authorizing the construction or modification of any emissions unit or
facility that would cause or contribute to an ambient concentration at any point within a baseline area that exceeds
either the appropriate baseline concentration for the point plus the appropriate maximum allowable increase or the
appropriate ambient air quality standard, whichever is less.
(3) Ambient air quality monitors used to establish a violation of an ambient air quality standard shall meet the
requirements of 40 C.F.R. Part 58, adopted and incorporated by reference in Rule 62-204.800, F.A.C.
(4) For any provision of the air pollution rules of the Department which requires that an estimate of
concentrations of pollutants in the ambient air be made, the estimates shall be based on the applicable air quality
models, data bases, and other requirements approved by the Department and specified in 40 C.F.R. Part 51,
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Appendix W – Guideline on Air Quality Models (Revised), adopted and incorporated by reference in Rule 62204.800, F.A.C.
Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96.
62-204.240 Ambient Air Quality Standards.
(1) Sulfur Dioxide.
(a) Maximum three hour concentration not to be exceeded more than once per year – 1300 micrograms per
cubic meter (0.5 ppm).
(b) Maximum 24-hour concentration not to be exceeded more than once per year – 260 micrograms per cubic
meter (0.1 ppm).
(c) Annual arithmetic mean – 60 micrograms per cubic meter (0.02 ppm).
(2) PM10.
(a) 24-hour average concentration not to be exceeded more than once per year, as determined in accordance
with 40 C.F.R. Part 50, Appendix K, adopted and incorporated by reference in Rule 62-204.800, F.A.C. – 150
micrograms per cubic meter.
(b) Expected annual arithmetic mean concentration as determined in accordance with 40 C.F.R. Part 50
Appendix K – 50 micrograms per cubic meter.
(3) Carbon Monoxide.
(a) Maximum one hour concentration not to be exceeded more than once per year – 35 parts per million (40
milligrams per cubic meter).
(b) Maximum eight hour concentration not to be exceeded more than once per year – 9 parts per million (10
milligrams per cubic meter).
(4) Ozone. Daily maximum one hour concentration, not to be exceeded an average of more than one day per
year – 0.12 parts per million (235 micrograms per cubic meter).
(a) Exceedances. An exceedance will occur for any calendar day when the maximum hourly average
concentration for that day exceeds the standard. A day with more than one hourly value exceeding the standard shall
count as a single exceedance.
(b) Determination of Compliance with Standard. At the end of each calendar year, the number of days with
maximum hourly concentrations above 0.12 ppm shall be determined as specified in subparagraph 62204.220(4)(a)3., F.A.C., below, and that number averaged with the results of the immediately preceding two year’s
data. As long as this average remains less than or equal to 1.0, the site is in compliance.
(c) Estimating the Number of Exceedances per Year. When a valid daily maximum hourly average value is not
available for each day of the year, the following method shall be used to account for those missing values when
determining the number of exceedances for a particular calendar year. If a site has two or more observed
exceedances each year, the standard is not met and no requirement exists to account for the missing values in
accordance with this paragraph. The term “missing values” means all days that do not have an associated ozone
measurement. A daily maximum ozone value is the highest hourly ozone value recorded for that day. This daily
maximum is considered to be valid if 75 percent of the hours from 9:01 A.M. to 9:00 P.M. (LST) were measured or
if the highest hourly value is greater than the level of the standard. A missing daily maximum ozone value may be
assumed to be less than the level of the standard if the valid daily maxima on both the preceding day and the
following day do not exceed 75 percent of the level of the standard (0.09 ppm in this case). No assumption can be
made if more than one consecutive day’s data are missing. The following equation shall be used to estimate the
number of exceedances for the year:
e = v + (v/n) (N - n - z); where:
e = the estimated number of exceedances for the year;
v = the number of daily values above the standard;
n = the number of valid daily maxima;
N = the number of days in the year; and
z = the number of days assumed to be less than the standard level.
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This estimated number of exceedances shall be rounded to one decimal place (fractional part equal to or greater than
0.05 rounds up).
(5) Nitrogen Dioxide. Annual arithmetic mean – 100 micrograms per cubic meter (0.05 ppm).
(6) Lead. Maximum quarterly arithmetic – 1.5 Micrograms per cubic meter.
Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96.
62-204.260 Prevention of Significant Deterioration Maximum Allowable Increases (PSD Increments).
At any location within a baseline area, any increase in pollutant concentration over the baseline concentration shall
be limited to the applicable amount set forth below. For any averaging period other than the annual period, the
applicable maximum allowable increase may be exceeded during one such period per year at any one location.
(1) Class I Area Increments.
(a) Particulate Matter.
1. PM10, Annual arithmetic mean – 4 micrograms per cubic meter.
2. PM10, Twenty-four hour maximum – 8 micrograms per cubic meter.
(b) Sulfur Dioxide.
1. Annual arithmetic mean – 2 micrograms per cubic meter.
2. Twenty-four hour maximum – 5 micrograms per cubic meter.
3. Three hour maximum – 25 micrograms per cubic meter.
(c) Nitrogen Dioxide. Annual arithmetic mean – 2.5 micrograms per cubic meter.
(2) Class II Area Increments.
(a) Particulate Matter.
1. PM10, Annual arithmetic mean – 17 micrograms per cubic meter.
2. PM10, Twenty-four hour maximum – 30 micrograms per cubic meter.
(b) Sulfur Dioxide.
1. Annual arithmetic mean – 20 micrograms per cubic meter.
2. Twenty-four hour maximum – 91 micrograms per cubic meter.
3. Three-hour maximum – 512 micrograms per cubic meter.
(c) Nitrogen Dioxide. Annual arithmetic mean – 25 micrograms per cubic meter.
(3) Class III Area Increments.
(a) Particulate Matter.
1. PM10, Annual arithmetic mean – 34 micrograms per cubic meter.
2. PM10, Twenty-four hour maximum – 60 micrograms per cubic meter.
(b) Sulfur Dioxide.
1. Annual arithmetic mean – 40 micrograms per cubic meter.
2. Twenty-four hour maximum – 182 micrograms per cubic meter.
3. Three hour maximum – 700 micrograms per cubic meter.
(c) Nitrogen Dioxide. Annual arithmetic mean – 50 micrograms per cubic meter.
Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 3-13-96, Amended 2-12-06.
62-204.320 Procedures for Designation and Redesignation of Areas.
(1) General.
(a) Under subsections 62-204.340(1) through (3), F.A.C., all areas of the state shall be designated as attainment,
nonattainment, or unclassifiable with respect to each air pollutant for which an ambient air quality standard is
established under Rule 62-204.240, F.A.C. The designation of each such area determines which emission limiting
standards, new and modified facility review requirements, and other air pollution control measures shall apply to
sources and activities which emit the pollutant or the precursor of the pollutant for which the area is designated.
Following the redesignation of an area as nonattainment, a revision to the State Implementation Plan (SIP) may be
required to establish the emission limiting standards and other air pollution control measures appropriate for the
area.
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(b) Under subsection 62-204.360(1), F.A.C., all areas of the state that are not designated as nonattainment with
respect to a pollutant for which a maximum allowable increase is defined in Rule 62-204.260, F.A.C., shall be
designated as one or more prevention of significant deterioration (PSD) areas with respect to each such pollutant.
The designation of a PSD area determines the area for which a PSD baseline date shall be established.
(c) Under subsection 62-204.360(2), F.A.C., all areas of the state shall be designated as Class I, Class II, or
Class III. For an area that is designated as a PSD area, the designation of the area as Class I, II or III determines
which set of maximum allowable increases in particulate matter, sulfur dioxide, and nitrogen dioxide concentrations
established under Rule 62-204.260, F.A.C., shall apply in the area after a PSD baseline date is established.
(d) Under subsection 62-204.340(4), F.A.C., certain areas of the state shall be designated as air quality
maintenance areas. Areas that have been redesignated from nonattainment to attainment or unclassifiable may be
designated as air quality maintenance areas with the effect that all emission limiting standards and permit limitations
that were established pursuant to Rules 17-2.17 (repealed), 17-2.510 (transferred), 17-2.650 (transferred), 62212.500, Chapter 62-252, and the Reasonably Available Control Technology rules in Chapter 62-296, F.A.C., or
otherwise as a result of the SIP or nonattainment corrective plan, and all other air pollution control measures that
were required under the SIP or nonattainment corrective plan, shall remain in effect in such areas.
(2) Redesignation of Nonattainment, Attainment, and Unclassifiable Areas (Reserved).
(3) Reclassification of Class I, Class II and Class III Areas.
(a) Reclassification of an area classified under subsection 62-204.360(2), F.A.C., may be proposed by filing a
petition for rulemaking with the Environmental Regulation Commission showing sufficient justification for such
action provided that lands within the exterior boundaries of Indian Reservations may be reclassified only by the
appropriate Indian Governing Body. This petition shall conform to the requirements of Section 120.54(5), Florida
Statutes. The Department may also initiate reclassification procedures. All reclassifications shall be submitted as
revisions to the State Implementation Plan.
(b) Decisions regarding whether an area should be reclassified shall be based on the following criteria.
1. For areas which are proposed to be reclassified as Class I or Class II:
a. A public hearing shall be held in accordance with the notice requirements of Rule 62-204.400, F.A.C.
b. At least 30 days notice of the proposed reclassification shall be given to other States, Indian Governing
Bodies, and Federal Land Managers whose lands may be affected by the proposal.
c. A description and analysis of the health, environmental, economic, social, and energy effects of the proposed
reclassification shall be prepared and made available for public inspection at least 30 days prior to the hearing. The
notice shall state the availability of the required analysis.
d. If the reclassification includes any Federal lands, the state shall notify the Federal Land Manager of the
proposal not more than 60 days prior to the hearing and allow an opportunity for the Federal Land Manager to
confer with the state and submit written comments and recommendations. If an area is reclassified against the
recommendations of the Federal Land Manager, the state shall publish a notice listing the inconsistencies and the
reasons for reclassifying the area against the Federal Land Manager’s recommendations in the Florida
Administrative Weekly.
e. Prior to proposing a reclassification, the state shall confer with the elected leadership of any local general
purpose government in the area covered by the proposed reclassification.
2. For areas which are proposed to be reclassified as Class III (except areas proposed to be reclassified by an
Indian Governing Body):
a. All of the requirements of subparagraph 62-204.320(3)(b)1., F.A.C., above, shall be met.
b. The proposal shall be specifically approved by the Governor after consultation with the appropriate
committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session.
c. Each unit of local general purpose government representing a majority of the residents of the area to be
reclassified shall enact or adopt a resolution or other legislation concurring in the reclassification.
d. The reclassification may not cause or contribute to a violation of any state or national ambient air quality
standard, or a violation of a maximum allowable increase in any other Class I, Class II, or Class III area.
e. To the extent practicable, any permit application and supporting documentation for a facility subject to Rule
8
62-212.400, F.A.C., which could receive a permit only if the area in question were reclassified as Class III, shall be
made available for public inspection prior to the hearing on reclassification.
3. For areas which are proposed to be reclassified as Class I, Class II, or Class III by an Indian Governing Body:
a. All of the requirements of subparagraph 62-204.320(3)(b)1., F.A.C., and the additional requirements of subsubparagraphs 62-204.320(3)(b)2.d. and e., F.A.C., shall be met, or equivalent procedures shall be followed.
b. Prior to proposing the reclassification, the Indian Governing Body shall consult with the state within which
the Indian Reservation is located and any state which borders the Indian Reservation.
(c) The following areas shall not be reclassified as Class III:
1. An area which, as of August 7, 1977, exceeded ten thousand acres in size and was a national monument, a
national primitive area, a national preserve, a national recreation area, a national wild and scenic river, a national
wildlife refuge, or a national lakeshore or seashore; or
2. A national park or national wilderness area established after August 7, 1977, which exceeds ten thousand
acres in size.
(d) Any area other than an area referred to in subparagraph 62-204.320(3)(c)1. or 2., F.A.C., above, or an area
designated as Class I under subparagraph 62-204.360(2)(a)2., F.A.C., may be reclassified as Class III.
(4) Designation or Redesignation of Prevention of Significant Deterioration (PSD) Areas.
(a) Designation or redesignation of an area designated under subsection 62-204.360(1), F.A.C., may be
proposed by filing a petition for rulemaking with the Environmental Regulation Commission. The petition shall
conform to the requirements of Section 120.54(5), Florida Statutes. The Department may also initiate designation or
redesignation procedures.
(b) PSD areas shall be designated only for those pollutants for which maximum allowable increases have been
established under Rule 62-204.260, F.A.C.
(c) A PSD area for a pollutant shall not include any areas designated nonattainment for the pollutant under
subsection 62-204.240(2), F.A.C.
(d) A PSD area may not be redesignated if the redesignation would result in the violation of any maximum
allowable increase in the area proposed to be redesignated.
(e) Procedures for proposing the designation or redesignation of PSD areas are as follows:
1. A public hearing shall be held in accordance with the notice requirements of Rule 62-204.400, F.A.C.
2. At least 30 days notice of the hearing shall be given to Federal Land Managers whose lands may be affected
by the proposed designation or redesignation.
3. The petition for rulemaking shall be made available for public inspection at least 30 days prior to the hearing
and shall include a description and analysis of the health, environmental, economic, social and energy effects of the
proposed designation or redesignation.
(5) Designation or Redesignation of Air Quality Maintenance Areas (Reserved).
Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96.
62-204.340 Designation of Attainment, Nonattainment, and Maintenance Areas.
(1) Designation of Areas Meeting Ambient Air Quality Standards (Attainment Areas).
(a) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(a), F.A.C., is
designated as attainment for the air pollutant ozone.
(b) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(b), F.A.C., or
as unclassifiable under paragraph 62-204.340(3)(a), F.A.C., is designated as attainment for the air pollutant PM 10.
(c) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(c), F.A.C., or
as unclassifiable under paragraph 62-204.340(3)(b), F.A.C., is designated as attainment for the air pollutant sulfur
dioxide.
(d) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(d), F.A.C., is
designated as attainment for the air pollutant carbon monoxide.
(e) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(e), F.A.C., is
designated as attainment for the air pollutant nitrogen dioxide.
9
(2) Designation of Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas).
(a) Ozone Nonattainment Areas. (Reserved).
(b) PM10 Nonattainment Areas. (Reserved).
(c) Sulfur Dioxide Nonattainment Areas. (Reserved).
(d) Carbon Monoxide Nonattainment Areas. (Reserved).
(e) Nitrogen Dioxide Nonattainment Areas. (Reserved).
(f) Lead nonattainment Areas. (Reserved).
(g) As soon as practicable after notice of redesignation is published by the U. S. Environmental Protection
Agency in the Federal Register, the Department shall publish notice of the effective date of redesignation in the
Florida Administrative Weekly and a newspaper of general circulation in each county affected by the redesignation.
(3) Designation of Areas Which Cannot Be Classified as Attainment or Nonattainment (Unclassifiable Areas).
(a) All of the state except those areas designated as nonattainment under paragraph 62-204.340(2)(b), F.A.C., is
designated as unclassifiable for the air pollutant PM10.
(b) The following areas are designated as unclassifiable for the pollutant sulfur dioxide.
1. Duval County.
2. Escambia County.
3. Hillsborough County.
4. The Southwest corner of Pasco County.
(c) All of the state except those areas designated as nonattainment under Rule 62-204.340, F.A.C., is designated
as unclassifiable for the air pollutant lead.
(4) Designation of Air Quality Maintenance Areas.
(a) Each of the following areas is designated as an air quality maintenance area for the air pollutant ozone:
1. Orange County.
2. Duval County.
3. The area consisting of Broward, Dade, and Palm Beach Counties.
4. The area consisting of Hillsborough and Pinellas Counties.
(b) Each of the following areas is designated as an air quality maintenance area for the air pollutant, particulate
matter:
1. That portion of Hillsborough County which falls within the area of the circle having a centerpoint at the
intersection of U. S. 41 South and State Road 60 and a radius of 12 kilometers.
2. The downtown Jacksonville area in Duval County located within the following boundary lines: south and
then west along the St. Johns River from its confluence with Long Branch Creek, to Main Street; north along Main
Street to Eighth Street; east along Eighth Street to Evergreen Avenue; north along Evergreen Avenue to Long
Branch Creek; and east along Long Branch Creek to the St. Johns River.
(c) Effective January 1, 1996, the area encompassed within a radius of five kilometers centered at UTM
coordinates: 364.0 kilometers East, 3093.5 kilometers North, zone 17, in Hillsborough County, is designated as an
air quality maintenance area for the air pollutant lead.
(d) As soon as practicable after notice of redesignation is published by the U. S. Environmental Protection
Agency in the Federal Register, the Department shall publish notice of the effective date of redesignation in the
Florida Administrative Weekly and a newspaper of general circulation in each county affected by the redesignation.
Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96.
62-204.360 Designation of Prevention of Significant Deterioration Areas.
(1) The following areas are designated as PSD areas for the air pollutant particulate matter:
(a) All of the state except those areas designated under paragraph 62-204.360(1)(b), F.A.C., below. The
particulate matter minor source baseline date established for this area is December 27, 1977.
(b) No other areas of the state.
(2) The following areas are designated as PSD areas for the air pollutant sulfur dioxide:
(a) All of the state except those areas designated nonattainment under subsection 62-204.340(2), F.A.C., and
10
those areas designated under paragraph 62-204.360(2)(b), F.A.C., below. The sulfur dioxide minor source baseline
date established for this area is December 27, 1977.
(b) No other areas of the state.
(3) The following areas are designated as PSD areas for the air pollutant nitrogen dioxide:
(a) All of the state except those areas designated under paragraph 62-204.360(3)(b), F.A.C., below. The
nitrogen dioxide minor source baseline date established for this area is March 28, 1988.
(b) No other areas of the state.
(4) All areas of the state shall be classified as Class I, Class II, or Class III.
(a) Class II Areas. All areas of the state are designated Class II except for those areas specified in paragraph 62204.360(4)(b), F.A.C., below.
(b) Class I Areas. The following areas are designated as Class I areas and shall not be reclassified.
1. Everglades National Park.
2. Chassahowitzka National Wilderness Area.
3. St. Marks National Wilderness Area.
4. Bradwell Bay National Wilderness Area.
(5) Federally designated Class I Areas outside of Florida but within 100 kilometers of the state are as follows:
(a) Okefenokee National Wilderness Area.
(b) Wolf Island National Wilderness Area.
Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96.
62-204.400 Public Notice and Hearing Requirements for State Implementation Plan Revisions.
The Department shall comply with the public notice and hearing requirements of 40 CFR Part 51, Subpart F,
adopted and incorporated by reference at Rule 62-204.800, F.A.C., prior to submission of any proposed revision to
the Florida State Implementation Plan (SIP) to the U.S. Environmental Protection Agency.
Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended
10-6-08.
62-204.500 Conformity.
(1) General Conformity. The provisions of this rule apply to state review of all federal general conformity
determinations submitted to the state pursuant to 40 C.F.R. Part 51, Subpart W, adopted and incorporated by
reference at Rule 62-204.800, F.A.C. Pursuant to 40 C.F.R. Part 51, Subpart W, federal agencies are required to
make conformity determinations to ensure that certain federal actions are consistent with the State Implementation
Plan.
(a) Definitions. In addition to the definitions in Rule 62-204.200, F.A.C., the definitions used in reviewing
federal general conformity determinations shall be the definitions in 40 C.F.R. 51.852.
(b) Criteria. The criteria for reviewing federal general conformity determinations shall be the criteria in 40
C.F.R. 51.858.
(c) Procedures. The procedures for reviewing federal general conformity determinations shall be the procedures
in 40 C.F.R. 51.859.
(d) Mitigation of Air Quality Impacts.
1. A federal general conformity determination submitted to the Department for review must contain, at a
minimum, the following before the Department can make a positive finding of conformity in its review.
a. Any measures that are intended to mitigate air quality impacts must be identified, and the process for
implementation and enforcement of such measures must be described including an implementation schedule
containing explicit timelines for implementation.
b. Written commitments to take any mitigation measures from all persons or agencies committing to such
measures.
2. A positive finding of conformity by the Department in any review of a federal general conformity
determination is expressly based, in part, on reliance that all written commitments for mitigation measures shall be
11
fulfilled by the timelines set out in such written commitments. Failure to fulfill such mitigation measures by the
explicit timelines expressed in the written commitments shall nullify a positive Department review finding of
conformity as of midnight of the date of the unfulfilled expressed timeline.
(2) Transportation Conformity. Pursuant to 40 C.F.R. 93.105, adopted and incorporated by reference at Rule 62204.800, F.A.C., the Department has certain consultation and conflict resolution responsibilities in the transportation
conformity process. The Department will carry out these responsibilities for transportation conformity pursuant to
the interagency memorandum of agreement as revised in 1998 and hereby adopted and incorporated by reference.
Specific Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 11-30-94, Amended 3-13-96,
3-23-97, 9-1-98.
62-204.800 Federal Regulations Adopted by Reference.
All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by
reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it
is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of
state law only where the context so provides.
(1) Title 40, Code of Federal Regulations, Part 50, National Primary and Secondary Ambient Air Quality Standards.
(a) The provisions of 40 CFR Part 50, §§ 50.1 through 50.12, revised as of July 1, 2006; amended November
12, 2008, at 73 FR 66963, amended February 9, 2010, at 75 6473; § 50.13, promulgated October 17, 2006, at 71 FR
61143; § 50.14, promulgated March 22, 2007, at 72 FR 13559; amended May 22, 2007, at 72 FR 28612; amended
October 6, 2008, at 73 FR 58042; amended November 12, 2008, at 73 FR 66963; amended May 19, 2009, at 74 FR
23307; amended February 9, 2010, at 75 FR 6473; § 50.15 promulgated, March 27, 2008, at 73 FR 16435; and §
50.16, promulgated November 12, 2008, at 73 FR 66963; are adopted and incorporated by reference.
(b) The following appendices of 40 C.F.R. Part 50, revised as of July 1, 2006, or later as specifically indicated,
are adopted and incorporated by reference:
1. 40 C.F.R. Part 50, Appendix A, Reference Method for the Determination of Sulfur Dioxide in the
Atmosphere (Pararosaniline Method).
2. 40 C.F.R. Part 50, Appendix B, Reference Method for Determination of Suspended Particulate Matter in the
Atmosphere (High-Volume Method).
3. 40 C.F.R. Part 50, Appendix C, Measurement Principle and Calibration Procedure for the Measurement of
Carbon Monoxide in the Atmosphere (Non-Dispersive Infrared Photometry).
4. 40 C.F.R. Part 50, Appendix D, Measurement Principle and Calibration Procedure for the Measurement of
Ozone in the Atmosphere.
5. 40 C.F.R. Part 50, Appendix E, (Reserved).
6. 40 C.F.R. Part 50, Appendix F, Measurement Principle and Calibration Procedure for the Measurement of
Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence).
7. 40 C.F.R. Part 50, Appendix G, Reference Method for the Determination of Lead in Suspended Particulate
Matter Collected from Ambient Air; amended November 12, 2008, at 73 FR 66963.
8. 40 C.F.R. Part 50, Appendix H, Interpretation of the 1-Hour Primary and Secondary National Ambient Air
Quality Standards for Ozone; amended March 15, 2002, at 67 FR 11579.
9. 40 C.F.R. Part 50, Appendix I, Interpretation of the 8-Hour Primary and Secondary National Ambient Air
Quality Standards for Ozone.
10. 40 C.F.R. Part 50, Appendix J, Reference Method for the Determination of Particulate Matter as PM 10 in the
Atmosphere.
11. 40 C.F.R. Part 50, Appendix K, Interpretation of the National Ambient Air Quality Standards for PM 10;
amended October 17, 2006, at 71 FR 61143.
12. 40 C.F.R. Part 50, Appendix L, Reference Method for the Determination of Fine Particulate Matter as PM2.5
in the Atmosphere; promulgated October 17, 2006, at 71 FR 61143.
13. 40 C.F.R. Part 50, Appendix N, Interpretation of the National Ambient Air Quality Standards for PM 2.5;
promulgated October 17, 2006, at 71 FR 61143; amended January 9, 2008, at 73 FR 1497.
14. 40 C.F.R. Part 50, Appendix O, Reference Method for the Determination of Coarse Particulate Matter as
12
PM10-2.5 in the Atmosphere; promulgated October 17, 2006, at 71 FR 61143.
15. 40 C.F.R. Part 50, Appendix P, Interpretation of the Primary and Secondary National Ambient Air Quality
Standards for Ozone, promulgated March 27, 2008, at 73 FR 16435.
16. 40 C.F.R. Part 50, Appendix Q, Reference Method for the Determination of Lead in Particulate Matter as
PM10 Collected from Ambient Air, promulgated November 12, 2008, at 73 FR 66963.
17. 40 C.F.R. Part 50, Appendix R, Interpretation of the National Ambient Air Quality Standards for Lead,
promulgated November 12, 2008, at 73 FR 66963.
18. 40 C.F.R. Part 50, Appendix S, Interpretation of the Primary National Ambient Air Quality Standards for
Oxides of Nitrogen (Nitrogen Dioxide), promulgated February 9, 2010, at 75 FR 6473.
(2) Title 40, Code of Federal Regulations, Part 51, Requirements for Preparation, Adoption, and Submittal of
Implementation Plans.
(a) The following subparts of 40 C.F.R. Part 51, revised as of July 1, 2006, or later as specifically indicated, are
adopted and incorporated by reference:
1. 40 C.F.R. Part 51, Subpart F, Procedural Requirements; amended January 18, 2007, at 72 FR 2193, amended
July 16, 2007, at 72 FR 38787; amended March 24, 2008, at 73 FR 15603; amended January 21, 2009, at 74 FR
3437; amended June 23, 2009, at 74 FR 29595.
2. 40 C.F.R. Part 51, Subpart I, Review of New Sources and Modifications.
3. 40 C.F.R. Part 51, Subpart P, Protection of Visibility, amended July 6, 2005, at 70 FR 39103; amended
October 13, 2006, at 71 FR 60611.
4. 40 C.F.R. 51, Subpart T, Conformity to State or Federal Implementation Plans of Transportation Plans,
Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Laws.
5. 40 C.F.R. Part 51, Subpart W, Determining Conformity of General Federal Actions to State or Federal
Implementation Plans.
(b) The following appendices of 40 C.F.R. Part 51, revised as of July 1, 2006, or later as specifically indicated,
are adopted and incorporated by reference:
1. 40 C.F.R. Part 51, Appendix M, Recommended Test Methods for State Implementation Plans; amended
September 21, 2006, at 71 FR 55119; amended May 29, 2008, at 73 FR 30775.
2. 40 C.F.R. Part 51, Appendix P, Minimum Emission Monitoring Requirements.
3. 40 C.F.R. Part 51, Appendix W, Guideline on Air Quality Models; amended April 15, 2003, at 68 FR 18439;
amended November 9, 2005, at 70 FR 68217.
4. 40 C.F.R. Part 51, Appendix Y, Guidelines for BART Determination Under the Regional Haze Rule,
promulgated July 6, 2005, at 70 FR 39103.
(3) Title 40, Code of Federal Regulations, Part 52, Approval and Promulgation of Implementation Plans. The
following subparts of 40 C.F.R. Part 52, revised as of July 1, 2003, or later as specifically indicated, are adopted and
incorporated by reference:
(a) 40 C.F.R. Part 52, Subpart A, General Provisions; amended June 13, 2007, at 72 FR 32526; amended July
16, 2007, at 72 FR 38787.
(b) 40 C.F.R. Part 52, Subpart K, Florida, amended July 22, 2003, at 68 FR 43312; amended August 11, 2003,
at 68 FR 47468; amended February 13, 2004, at 69 FR 7127; amended March 29, 2004, at 69 FR 16167; amended
June 17, 2004, at 69 FR 33860; amended April 28, 2006, at 71 FR 25327; amended November 28, 2006, at 71 FR
68743; amended October 12, 2007, at 72 FR 58016; amended September 16, 2008, at 73 FR 53378; amended June
1, 2009, at 74 FR 26103.
(4) Title 40, Code of Federal Regulations, Part 53, Ambient Air Monitoring Reference and Equivalent Methods.
The following subparts of 40 C.F.R. Part 53, revised as of July 1, 2006, or later as specifically indicated, are adopted
and incorporated by reference:
(a) 40 C.F.R. Part 53, Subpart A, General Provisions; amended October 17, 2006, at 71 FR 61235.
(b) 40 C.F.R. Part 53, Subpart B, Procedures for Testing Performance Characteristics of Automated Methods
for SO2, CO, O3, and NO2.
(c) 40 C.F.R. Part 53, Subpart C, Procedures for Determining Comparability Between Candidate Methods and
Reference Methods; amended October 17, 2006, at 71 FR 61235; amended June 12, 2007, at 72 FR 32193; amended
13
November 12, 2008, at 73 FR 66963.
(d) 40 C.F.R. Part 53, Subpart D, Procedures for Testing Performance Characteristics of Methods for PM 10.
(e) 40 C.F.R. Part 53, Subpart E, Procedures for Testing Physical (Design) and Performance Characteristics of
Reference Methods and Class I and Class II Equivalent Methods for PM 2.5 or PM10-2.5; amended October 17, 2006,
at 71 FR 61235; amended June 12, 2007, at 72 FR 32193.
(f) 40 C.F.R. Part 53, Subpart F, Performance Specifications for PM 2.5 Class II Equivalent Samplers; amended
October 17, 2006, at 71 FR 61235; amended June 12, 2007, at 72 FR 32193.
(5) Title 40, Code of Federal Regulations, Part 55, Outer Continental Shelf Air Regulations.
(a) The provisions of 40 C.F.R. Part 55, Sections 55.1 through 55.15, revised as of July 1, 2001, are adopted and
incorporated by reference.
(b) The following appendices of 40 C.F.R. Part 55, revised as of July 1, 2001, or later as specifically indicated,
are adopted and incorporated by reference:
Appendix A, Listing of State and Local Requirements Incorporated by Reference into Part 55, by State.
(6) Title 40, Code of Federal Regulations, Part 58, Ambient Air Quality Surveillance.
(a) The following subparts of 40 C.F.R. Part 58, revised as of July 1, 2006, or later as specifically indicated, are
adopted and incorporated by reference:
1. 40 C.F.R. Part 58, Subpart A, General Provisions; amended October 17, 2006, at 71 FR 61235; amended
February 9, 2010, at 75 FR 6473.
2. 40 C.F.R. Part 58, Subpart B, Monitoring Network, amended October 17, 2006, at 71 FR 61235; amended
June 12, 2007, at 72 FR 32193; amended November 12, 2008, at 73 FR 66963; amended February 9, 2010, at 75 FR
6473.
3. 40 C.F.R. Part 58, Subpart C, Special Purpose Monitors; amended October 17, 2006, at 71 FR 61235;
amended June 12, 2007, at 72 FR 32193.
4. 40 C.F.R. Part 58, Subpart D, Comparability of Ambient Data to NAAQS; amended October 17, 2006, at 71
FR 61235; amended November 12, 2008, at 73 FR 66963.
5. 40 C.F.R. Part 58, Subpart F, Air Quality Index Reporting; amended October 17, 2006, at 71 FR 61235.
6. 40 C.F.R. Part 58, Subpart G, Federal Monitoring; amended October 17, 2006, at 71 FR 61235.
(b) The following appendices of 40 C.F.R. Part 58, revised as of July 1, 2006, or later as specifically indicated,
are adopted and incorporated by reference:
1. 40 C.F.R. Part 58, Appendix A, Quality Assurance Requirements for SLAMS, SPMs and PSD Air
Monitoring; amended October 17, 2006, at 71 FR 61235; amended June 12, 2007, at 72 FR 32193; amended
November 12, 2008, at 73 FR 66963; amended February 9, 2010, at 75 FR 6473.
2. 40 C.F.R. Part 58, Appendix C, Ambient Air Quality Monitoring Methodology; amended October 17, 2006,
at 71 FR 61235; amended November 12, 2008, at 73 FR 66963; amended February 9, 2010, at 75 FR 6473.
3. 40 C.F.R. 58, Appendix D, Network Design Criteria for Ambient Air Quality Monitoring; amended October
17, 2006, at 71 FR 61235; amended June 12, 2007, at 72 FR 32193; amended November 12, 2008, at 73 FR 66963;
amended February 9, 2010, at 75 FR 6473.
4. 40 C.F.R. 58, Appendix E, Probe and Monitoring Path Siting Criteria for Ambient Air Quality Monitoring;
amended October 17, 2006, at 71 FR 61235; amended February 9, 2010, at 75 FR 6473.
5. 40 C.F.R. Part 58, Appendix G, Uniform Air Quality Index (AQI) and Daily Reporting; amended March 27,
2008, at 73 FR 16435; amended June 26, 2009, at 74 FR 30469; amended February 9, 2010, at 75 FR 6473.
(7) Title 40, Code of Federal Regulations, Part 59, National Volatile Organic Compound Emission Standards
For Consumer And Commercial Products. Standards Adopted. The following National Volatile Organic Compound
Emission Standards For Consumer And Commercial Products contained in 40 C.F.R. Part 59, revised as of July 1,
2001, or later as specifically indicated, are adopted and incorporated by reference:
(a) 40 C.F.R. Part 59, Subpart B, Automobile Refinish Coatings.
(b) 40 C.F.R. Part 59, Subpart C, Consumer Products.
(c) 40 C.F.R. Part 59, Subpart D, Architectural Coatings.
(8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.
14
(a) Definitions. For the purposes of subsection 62-204.800(8), F.A.C., the definitions contained in the various
provisions of 40 C.F.R. Part 60 adopted herein shall apply, except that the term “Administrator,” when used in any
provision of 40 C.F.R. Part 60 that is delegated to the Department by the U.S. Environmental Protection Agency,
shall mean the Secretary or the Secretary’s designee.
(b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40
C.F.R. Part 60, revised as of July 1, 2009, or later as specifically indicated, are adopted and incorporated by
reference:
1. 40 C.F.R. Part 60, Subpart D, Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced
After August 17, 1971.
2. 40 C.F.R. Part 60, Subpart Da, Electric Utility Steam Generators for Which Construction Is Commenced
After September 18, 1978; except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.47Da.
3. 40 C.F.R. Part 60, Subpart Db, Industrial-Commercial-Institutional Steam Generating Units; except that the
Secretary is not the Administrator for purposes of authorities cited at 40 C.F.R. § 60.40b(g).
4. 40 C.F.R. Part 60, Subpart Dc, Small Industrial-Commercial-Institutional Steam Generating Unit; except that
the Secretary is not the Administrator for purposes of authorities cited at 40 C.F.R. § 60.40c(b).
5. 40 C.F.R. Part 60, Subpart E, Incinerators.
6. 40 C.F.R. Part 60, Subpart Ea, Municipal Waste Combustors for Which Construction is Commenced After
December 20, 1989, and on or Before September 20, 1994.
7. 40 C.F.R. Part 60, Subpart Eb, Large Municipal Waste Combustors for Which Construction is Commenced
After September 20, 1994, or for Which Modification or Reconstruction is Commenced After June 19, 1996; except
that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. § 60.50b(n). Any
municipal waste combustor plant which contains a municipal waste combustor unit subject to 40 C.F.R. 60, Subpart
Eb, is subject to the permitting requirements of Chapter 62-213, F.A.C. Any municipal waste combustor plant
subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 C.F.R. 60,
Subpart Eb, shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C.,
ninety days before expiration of the source’s construction permit, but no later than 180 days after commencing
operation.
8. 40 C.F.R. Part 60, Subpart Ec, Hospital/Medical/Infectious Waste Incinerators for Which Construction is
Commenced After June 20, 1996; amended October 6, 2009, at 74 FR 51368; except that the Secretary is not the
Administrator for purposes of 40 C.F.R. § 60.56c(j). At 40 C.F.R. § 60.50c(m), the “applicable compliance date of
the requirements of subpart Ce” shall be the later of June 1, 2012, or such date as established pursuant to the
provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.
9. 40 C.F.R. Part 60, Subpart F, Portland Cement Plants.
10. 40 C.F.R. Part 60, Subpart G, Nitric Acid Plants.
11. 40 C.F.R. Part 60, Subpart H, Sulfuric Acid Plants.
12. 40 C.F.R. Part 60, Subpart I, Hot Mix Asphalt Facilities.
13. 40 C.F.R. Part 60, Subpart J, Petroleum Refineries; except that the Secretary is not the Administrator for
purposes of the authorities cited at 40 C.F.R. § 60.109(b).
14. 40 C.F.R. Part 60, Subpart Ja, Standards of Performance for Petroleum Refineries for Which Construction,
Reconstruction, or Modification Commenced After May 14, 2007; except that the Secretary is not the Administrator
for purposes of the authorities cited at 40 C.F.R. § 60.109a(b).
15. 40 C.F.R. Part 60, Subpart K, Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or
Modification Commenced After June 11, 1973, and Prior to May 19, 1978.
16. 40 C.F.R. Part 60, Subpart Ka, Storage Vessels for Petroleum Liquids for Which Construction,
Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984; except that the
Secretary is not the Administrator for purposes of 40 C.F.R. § 60.114a.
17. 40 C.F.R. Part 60, Subpart Kb, Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid
Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984; except
that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R § 60.117b(b).
18. 40 C.F.R. Part 60, Subpart L, Secondary Lead Smelters.
15
19. 40 C.F.R. Part 60, Subpart M, Secondary Brass & Bronze Production Plants.
20. 40 C.F.R. Part 60, Subpart N, Primary Emissions from Basic Oxygen Process Furnaces for Which
Construction is Commenced After June 11, 1973.
21. 40 C.F.R. Part 60, Subpart Na, Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for
Which Construction is Commenced After January 20, 1983.
22. 40 C.F.R. Part 60, Subpart O, Sewage Treatment Plants; except that the Secretary is not the Administrator
for purposes of the authorities cited at 40 C.F.R § 60.156(b).
23. 40 C.F.R. Part 60, Subpart P, Primary Copper Smelters.
24. 40 C.F.R. Part 60, Subpart Q, Primary Zinc Smelters.
25. 40 C.F.R. Part 60, Subpart R, Primary Lead Smelters.
26. 40 C.F.R. Part 60, Subpart S, Primary Aluminum Reduction Plants.
27. 40 C.F.R. Part 60, Subpart T, Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants.
28. 40 C.F.R. Part 60, Subpart U, Phosphate Fertilizer Industry: Superphosphoric Acid Plants.
29. 40 C.F.R. Part 60, Subpart V, Phosphate Fertilizer Industry: Diammonium Phosphate Plants.
30. 40 C.F.R. Part 60, Subpart W, Phosphate Fertilizer Industry: Triple Superphosphate Plants.
31. 40 C.F.R. Part 60, Subpart X, Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage
Facilities.
32. 40 C.F.R. Part 60, Subpart Y, Coal Preparation Plants.
33. 40 C.F.R. Part 60, Subpart Z, Ferroalloy Production Facilities.
34. 40 C.F.R. Part 60, Subpart AA, Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and
on or Before August 17, 1983.
35. 40 C.F.R. Part 60, Subpart AAa, Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization
Vessels Constructed After August 17, 1983.
36. 40 C.F.R. Part 60, Subpart BB, Kraft Pulp Mills.
37. 40 C.F.R. Part 60, Subpart CC, Glass Manufacturing Plants.
38. 40 C.F.R. Part 60, Subpart DD, Grain Elevators.
39. 40 C.F.R. Part 60, Subpart EE, Surface Coating of Metal Furniture; except that the Secretary is not the
Administrator for purposes of 40 C.F.R. § 60.316(d).
40. 40 C.F.R. Part 60, Subpart GG, Stationary Gas Turbines; except that the Secretary is not the Administrator
for purposes of 40 C.F.R. § 60.332(a)(4).
41. 40 C.F.R. Part 60, Subpart HH, Lime Manufacturing Plants.
42. 40 C.F.R. Part 60, Subpart KK, Lead-Acid Battery Manufacturing Plants.
43. 40 C.F.R. Part 60, Subpart LL, Metallic Mineral Processing Plants.
44. 40 C.F.R. Part 60, Subpart MM, Automobile and Light-Duty Truck Surface Coating Operations.
45. 40 C.F.R. Part 60, Subpart NN, Phosphate Rock Plants.
46. 40 C.F.R. Part 60, Subpart PP, Ammonium Sulfate Manufacturing.
47. 40 C.F.R. Part 60, Subpart QQ, Graphic Arts Industry: Publication Rotogravure Printing.
48. 40 C.F.R. Part 60, Subpart RR, Pressure Sensitive Tape and Label Surface Coating Operations; except that
the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.446(c).
49. 40 C.F.R. Part 60, Subpart SS, Industrial Surface Coating: Large Appliances; except that the Secretary is not
the Administrator for purposes of 40 C.F.R. § 60.456(d).
50. 40 C.F.R. Part 60, Subpart TT, Metal Coil Surface Coating; except that the Secretary is not the
Administrator for purposes of 40 C.F.R. § 60.466(d).
51. 40 C.F.R. Part 60, Subpart UU, Asphalt Processing and Asphalt Roofing Manufacture; except that the
Secretary is not the Administrator for the purposes of 40 C.F.R. § 60.474(g).
52. 40 C.F.R. Part 60, Subpart VV, Equipment Leaks of VOC in the Synthetic Organic Chemicals
Manufacturing Industry; except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4821(c)(2) and 40 C.F.R. § 60.484.
53. 40 C.F.R. Part 60, Subpart VVa, Standards of Performance for Equipment Leaks of VOC in the Synthetic
16
Organic Chemicals Manufacturing Industry; for Which Construction, Reconstruction, or Modification Commenced
After November 7, 2006; except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4821a(c)(2) and 40 C.F.R. § 60.484a.
54. 40 C.F.R. Part 60, Subpart WW, Beverage Can Surface Coating Industry; except that the Secretary is not the
Administrator for the purposes of 40 C.F.R. § 60.496(c).
55. 40 C.F.R. Part 60, Subpart XX, Bulk Gasoline Terminals; amended December 19, 2003, at 68 FR 70959;
except that the Secretary is not the Administrator for the purposes of 40 C.F.R. § 60.502(e)(6).
56. 40 C.F.R. Part 60, Subpart BBB, Rubber Tire Manufacturing Industry; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R § 60.548(b).
57. 40 C.F.R. Part 60, Subpart DDD, Volatile Organic Compound (VOC) Emissions from the Polymer
Manufacturing Industry; except that the Secretary is not the Administrator for the purposes of 40 C.F.R. § 60.5622(c).
58. 40 C.F.R. Part 60, Subpart FFF, Flexible Vinyl and Urethane Coating and Printing.
59. 40 C.F.R. Part 60, Subpart GGG, Equipment Leaks of VOC in Petroleum Refineries; except that the
Secretary is not the Administrator for purposes of 40 C.F.R. § 60.592(c).
60. 40 C.F.R. Part 60, Subpart GGGa, Standards of Performance for Equipment Leaks of VOC in Petroleum
Refineries for which Construction, Reconstruction, or Modification Commenced After November 7, 2006; except
that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.592a(c).
61. 40 C.F.R. Part 60, Subpart HHH, Synthetic Fiber Production Facilities.
62. 40 C.F.R. Part 60, Subpart III, Volatile Organic Compound (VOC) Emissions From the Synthetic Organic
Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes; except that the Secretary is not the
Administrator for the purposes of 40 C.F.R. § 60.613(e).
63. 40 C.F.R. Part 60, Subpart JJJ, Petroleum Dry Cleaners; except that the Secretary is not the Administrator
for purposes of 40 C.F.R § 60.623.
64. 40 C.F.R. Part 60, Subpart KKK, Equipment Leaks of VOC From Onshore Natural Gas Processing Plants;
except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.634.
65. 40 C.F.R. Part 60, Subpart LLL, Onshore Natural Gas Processing SO2 Emissions.
66. 40 C.F.R. Part 60, Subpart NNN, Volatile Organic Compound (VOC) Emissions From Synthetic Organic
Chemical Manufacturing Industry (SOCMI) Distillation Operations; except that the Secretary is not the
Administrator for the purposes of 40 C.F.R. § 60.663(e).
67. 40 C.F.R. Part 60, Subpart OOO, Nonmetallic Mineral Processing Plants.
68. 40 C.F.R. Part 60, Subpart PPP, Wool Fiberglass Insulation Manufacturing Plants.
69. 40 C.F.R. Part 60, Subpart QQQ, VOC Emissions From Petroleum Refinery Wastewater Systems; except
that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. § 60.699(b).
70. 40 C.F.R. Part 60, Subpart RRR, Volatile Organic Compound Emissions from Synthetic Organic Chemical
Manufacturing Industry (SOCMI) Reactor Processes; except that the Secretary is not the Administrator for purposes
of the authorities cited at 40 C.F.R. § 60.708(b).
71. 40 C.F.R. Part 60, Subpart SSS, Magnetic Tape Coating Facilities; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. § 60.718(b).
72. 40 C.F.R. Part 60, Subpart TTT, Industrial Surface Coating: Surface Coating of Plastic Parts for Business
Machines; except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §
60.726(b).
73. 40 C.F.R. Part 60, Subpart UUU, Calciners and Dryers in Mineral Industries.
74. 40 C.F.R. Part 60, Subpart VVV, Polymeric Coating of Supporting Substrates Facilities; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. § 60.748.
75. 40 C.F.R. Part 60, Subpart WWW, Municipal Solid Waste Landfills; except that the Secretary is not the
Administrator for the purposes of 40 C.F.R. § 60.754(a)(5). Any municipal solid waste landfill subject to 40 C.F.R.
60, Subpart WWW, and which has a design capacity equal to or greater than 2.5 million Megagrams and 2.5 million
cubic meters is subject to the permitting requirements of Chapter 62-213, F.A.C. Any municipal solid waste landfill
17
subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 C.F.R. 60,
Subpart WWW, shall file an application for an operation permit under Chapter 62-213, F.A.C., by the later of March
12, 1997, or 180 days after the issuance of the solid waste permit that modifies the design capacity of the facility to
be equal to or greater than 2.5 million Megagrams and 2.5 million cubic meters.
76. 40 C.F.R. Part 60, Subpart AAAA, New Small Municipal Waste Combustion Units. Any small municipal
waste combustion unit subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject
to 40 C.F.R. 60, Subpart AAAA, shall file an application for an operation permit under the requirements of Chapter
62-213, F.A.C., in accordance with paragraph 62-213.420(1)(a), F.A.C.
77. 40 C.F.R. Part 60, Subpart CCCC, Commercial and Industrial Solid Waste Incineration Units. Any CISWI
unit subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 C.F.R. 60,
Subpart CCCC, shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C.,
in accordance with paragraph 62-213.420(1)(a), F.A.C.
78. 40 C.F.R. Part 60, Subpart EEEE, Other Solid Waste Incineration Units for Which Construction Is
Commenced After December 9, 2004, or for Which Modification of Reconstruction Is Commenced on or After June
16, 2006; except that the Secretary is not the Administratror for purposes of the authorities cited at 40 C.F.R. §
60.2889(b). Any solid waste incineration unit subject to the permitting requirements of Chapter 62-213, F.A.C.,
solely because it is subject to 40 C.F.R. Part 60, Subpart EEEE, shall file an application for an operation permit
under the requirements of Chapter 62-213, F.A.C., in accordance with paragraph 62-213.420(1)(a), F.A.C.
79. 40 C.F.R. Part 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal
Combustion Engines; except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4201,
60.4202, 60.4203, 60.4210 and 60.4215 and 60.4216.
80. 40 C.F.R. Part 60, Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines; except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4231,
60.4232, 60.4238, 60,4239, 60.4240, 60.4241, 60.4242, and 60.4247.
81. 40 C.F.R. Part 60, Subpart KKKK, Standards for Stationary Combustion Turbines.
(c) The Standards of Performance for New Stationary Sources adopted by reference in this rule shall be
controlling over other standards in the air pollution rules of the Department except that any emissions limiting
standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent
than one contained in a Standard of Performance, or which regulates emissions of pollutants or emissions units not
regulated by an applicable Standard of Performance, shall apply.
(d) General Provisions Adopted. The general provisions of 40 C.F.R. Part 60, Subpart A, revised as of July 1,
2009; amended October 6, 2009, at 74 FR 51368; are adopted and incorporated by reference except that the
Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4, 40 C.F.R. § 60.8(b)(2) and (3), 40 C.F.R. §
60.11(e)(7) and (8), 40 C.F.R. § 60.13(g), (i) and (j)(2), and 40 C.F.R. § 60.16.
(e) Appendices Adopted. The following appendices of 40 C.F.R. Part 60, revised as of July 1, 2009, or later as
specifically indicated, are adopted and incorporated by reference:
1. 40 C.F.R. Part 60, Appendix A-1, Test Methods 1 through 2F.
2. 40 C.F.R. Part 60, Appendix A-2, Test Methods 2G through 3C.
3. 40 C.F.R. Part 60, Appendix A-3, Test Methods 4 through 5I.
4. 40 C.F.R. Part 60, Appendix A-4, Test Methods 6 through 10B.
5. 40 C.F.R. Part 60, Appendix A-5, Test Methods 11 through 15A.
6. 40 C.F.R. Part 60, Appendix A-6, Test Methods 16 through 18.
7. 40 C.F.R. Part 60, Appendix A-7, Test Methods 19 through 25E; except that in Method 23, the toluene rinse
concentrate may be added to the acetone and methylene chloride concentrate, the filter, and the resin in the Soxhlet
apparatus specified at section 5.1.4 of the method prior to analysis, in lieu of separate analysis of the toluene rinse
extract pursuant to section 5.1.6 of the method.
8. 40 C.F.R. Part 60, Appendix A-8, Test Methods 26 through 30B.
9. 40 C.F.R. Part 60, Appendix B, Performance Specifications.
10. 40 C.F.R. Part 60, Appendix C, Determination of Emission Rate Change.
18
11. 40 C.F.R. Part 60, Appendix D, Required Emission Inventory Information.
12. 40 C.F.R. Part 60, Appendix F, Quality Assurance Procedures.
(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times.
(a) General Applicability and Definitions.
1. The purpose and effect of each subpart of 40 C.F.R Part 60 or portion thereof adopted and incorporated by
reference in this subsection is determined by the context in which it is cited within this subsection. The Emission
Guidelines for Existing Sources adopted by reference in this rule shall be controlling over other standards in the air
pollution rules of the Department except that any emissions limiting standard contained in or determined pursuant to
the air pollution rules of the Department which is more stringent than one contained in an Emission Guideline, or
which regulates emissions of pollutants or emissions units not regulated by an applicable Emission Guideline, shall
apply.
2. For the purposes of subsection 62-204.800(9), F.A.C., the definitions contained in the various provisions of
40 C.F.R. Part 60 adopted herein shall apply, except that the term “Administrator,” when used in any provision of 40
C.F.R. Part 60 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the
Secretary or the Secretary’s designee.
(b) Municipal Waste Combustors. 40 C.F.R. 60, Subpart Cb, Emission Guidelines and Compliance Times for
Large Municipal Waste Combustors That Are Constructed on or Before September 20, 1994, revised as of July 1,
2009, is hereby adopted and incorporated by reference, subject to the following provisions:
1. Applicability. The applicability of paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40
C.F.R. § 60.32b.
2. Definitions. For purposes of paragraph 62-204.800(9)(b), F.A.C., the definitions in 40 C.F.R. § 60.31b shall
apply.
3. Emission Limiting Standards.
a. The emission limit for particulate matter shall be the same as set forth in 40 C.F.R. § 60.33b(a)(1)(i).
b. The opacity limit shall be the same as set forth in 40 C.F.R. § 60.33b(a)(1)(iii).
c. The emission limits for cadmium and lead shall be the same as set forth in 40 C.F.R. § 60.33b(a)(2)(i) and
(a)(4).
d. The emission limit for mercury shall be the same as set forth in 40 C.F.R. § 60.33b(a)(3) except that, where
applicable, the emission limiting standards of Rule 62-296.416, F.A.C., also shall apply.
e. The emission limit for sulfur dioxide shall be the same as set forth in 40 C.F.R. § 60.33b(b)(1)(i) and
(b)(3)(i).
f. The emission limit for hydrogen chloride shall be the same as set forth in 40 C.F.R. § 60.33b(b)(2)(i) and
(b)(3)(ii).
g. The emission limit for total mass dioxin/furans (tetra- through octa-chlorinated dibenzo-p-dioxins and
dibenzofurans) shall be the same as set forth in 40 C.F.R. § 60.33b(c)(1)(i), (c)(1)(ii), and (c)(1)(iii).
h. The emission limit for nitrogen oxides shall be the same as set forth in 40 C.F.R. 60 Subpart Cb, Table 1, or
40 C.F.R. § 60.33b(d)(3) as applicable. Emissions averaging pursuant to 40 C.F.R. § 60.33b(d)(1) shall be allowed.
40 C.F.R. § 60.33b(d)(2) shall not apply.
i. The emission limit for carbon monoxide shall be the same as set forth in 40 C.F.R. 60, Subpart Cb, Table 3.
4. Operating Practices. The operating practices applicable to each municipal waste combustor unit subject to
paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.53b(b) and (c).
5. Operator Training. The operator training and certification requirements of 40 C.F.R. § 60.54b shall apply to
all municipal waste combustor units subject to paragraph 62-204.800(9)(b), F.A.C. Compliance with these
requirements shall be conducted according to the schedule specified in 40 C.F.R. § 60.39b(c)(4).
6. Fugitive Ash Emissions. The fugitive ash emissions requirements applicable to each municipal waste
combustor unit subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.55b.
7. Compliance and Performance Testing.
a. The compliance and performance testing requirements applicable to each municipal waste combustor unit
subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.58b, except as
19
provided for under 40 C.F.R. § 60.24(b)(2) and subparagraph 62-204.800(9)(b)7.b., F.A.C.
b. The alternative performance testing schedule for dioxins/furans specified in 40 C.F.R. § 60.58b(g)(5)(iii)
shall apply to municipal waste combustor plants that achieve a dioxin/furan emission level less than or equal to 15
nanograms per dry standard cubic meter, corrected to 7 percent oxygen.
8. Reporting and Recordkeeping. The reporting and recordkeeping requirements applicable to each municipal
waste combustor unit subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. §
60.59b, except for the siting requirements under 40 C.F.R. § 60.59b(a), (b)(5) and (d)(11).
(c) Municipal Solid Waste Landfills. 40 C.F.R. 60, Subpart Cc, Emission Guidelines and Compliance Times for
Municipal Solid Waste Landfills, revised as of July 1, 2009, is hereby adopted and incorporated by reference,
subject to the following provisions:
1. Applicability.
a. The facility to which paragraph 62-204.800(9)(c), F.A.C., applies is each existing municipal solid waste
(MSW) landfill:
(i) For which construction, reconstruction or modification was commenced before May 30, 1991; and
(ii) Which has accepted waste at any time since November 8, 1987, or has additional design capacity available
for future waste deposition.
b. Physical or operational changes made to an existing MSW landfill solely to comply with the provisions of
paragraph 62-204.800(9)(c), F.A.C., are not considered a modification or reconstruction and would not subject an
existing MSW landfill to the requirements of 40 C.F.R. 60, Subpart WWW (see 40 C.F.R. § 60.750).
2. Definitions. The terms used but not defined in 40 C.F.R. 60, Subpart Cc, have the meaning given to them in
the Act and in Subparts A, B, and WWW of 40 C.F.R. § 60.
3. Standards for Air Emissions from MSW Landfills.
a. Each owner or operator of an MSW landfill subject to paragraph 62-204.800(9)(c), F.A.C., and which also
meets the following conditions as of December 31, 1996, shall comply with the provisions of 40 C.F.R. §
60.752(b)(2)(i) through (v) commencing from December 31, 1996.
(i) The landfill has a design capacity greater than or equal to 2.5 million Megagrams and 2.5 million cubic
meters. The landfill may calculate design capacity in either Megagrams or cubic meters for comparison with the
exemption values. Any density conversions shall be documented and submitted with the initial design capacity
report and any application for a solid waste permit; and
(ii) The landfill has a nonmethane organic compound (NMOC) emission rate of 50 Megagrams per year or
more.
b. Any MSW landfill which has a design capacity greater than or equal to 2.5 million Megagrams and 2.5
million cubic meters but whose NMOC emission rate as of December 31, 1996, is less than 50 Megagrams per year
shall comply with the provisions of 40 C.F.R. § 60.752(b)(2)(i) through (v) commencing from December 31 of the
first year after 1996 for which the nonmethane organic compound emission rate equals or exceeds 50 Megagrams
per year.
4. Compliance Procedures. Each owner or operator of an MSW landfill subject to the air emissions standards of
subparagraph 62-204.800(9)(c)3., F.A.C., shall:
a. Comply with the operational standards in 40 C.F.R. § 60.753;
b. Comply with the compliance provisions in 40 C.F.R. § 60.755; and
c. Comply with the monitoring provisions in 40 C.F.R. § 60.756.
5. Reporting and Recordkeeping. Each owner or operator of an MSW landfill to which paragraph 62204.800(9)(c), F.A.C., applies shall comply with the reporting and recordkeeping provisions of 40 C.F.R. § 60.757
and.758, as applicable, except that the initial design capacity report and NMOC emission rate report described in 40
C.F.R. § 60.757 shall be submitted to the Department no later than December 31, 1996. The provisions of 40 C.F.R.
§ 60.754, as applicable, shall be used to calculate the landfill NMOC emission rate for the purposes of the submittal
of NMOC emission rate reports and determining whether the landfill has a nonmethane organic compound (NMOC)
emission rate of 50 Megagrams per year or more.
6. Permit Application Deadline. Each existing MSW landfill that is subject to paragraph 62-204.800(9)(c),
20
F.A.C., and has a design capacity greater than or equal to 2.5 million Megagrams and 2.5 million cubic meters is
subject to the permitting requirements of Chapter 62-213, F.A.C. Any existing MSW landfill subject to the
requirements of Chapter 62-213, F.A.C., solely because it is subject to paragraph 62-204.800(9)(c), F.A.C., shall file
an application for an operation permit under the requirements of Chapter 62-213, F.A.C., no later than December 31,
1997.
7. Effective Date of State Emission Standards for MSW Landfills. The provisions of paragraph 62204.800(9)(c), F.A.C., shall become effective on December 31, 1996.
(d) Hospital/Medical/Infectious Waste Incinerators. 40 C.F.R. Part 60, Subpart Ce, Emission Guidelines and
Compliance Times for Hospital/Medical/Infectious Waste Incinerators, revised as of July 1, 2001, is hereby adopted
and incorporated by reference, subject to the following provisions:
1. Applicability. The applicability of paragraph 62-204.800(9)(d), F.A.C., shall be the same as set forth in 40
C.F.R. § 60.32e.
2. Definitions. The terms used but not defined in 40 C.F.R. 60, Subpart Ce, have the meaning given them in the
Clean Air Act and in 40 C.F.R. 60, Subparts A, B and Ec.
3. Emission Limiting Standards.
a. The opacity limit applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62204.800(9)(d), F.A.C., shall be the same as set forth in 40 C.F.R. 60.52c(b).
b. Except as provided for in sub-subparagraph 62-204.800(9)(d)3.c., F.A.C., the emission limits applicable to
each small, medium and large hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d),
F.A.C., shall be the same as set forth in Table 1 of 40 C.F.R. Part 60, Subpart Ce.
c. The emission limits applicable to each small hospital/medical/infectious waste incinerator, subject to
paragraph 62-204.800(9)(d), F.A.C., located more than 50 miles from the boundary of the nearest Standard
Metropolitan Statistical Area (defined in 40 C.F.R. § 60.31e), and which burns less than 2,000 pounds per week of
hospital waste and medical/infectious waste, shall be the same as set forth in Table 2 of 40 C.F.R. Part 60, Subpart
Ce. The 2,000 pound per week limitation shall not apply during performance tests.
4. Operator Training and Qualification. The operator training and qualification requirements applicable to each
hospital/ medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall be the same as set
forth in 40 C.F.R. § 60.53c.
5. Waste Management. The waste management plan requirements applicable to each hospital/medical/infectious
waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.55c.
6. Inspection. Each small hospital/medical/infectious waste incinerator subject to the emission limits under subsubparagraph 62-204.800(9)(d)3.c., F.A.C., shall comply with the inspection requirements and inspection schedule
set forth in 40 C.F.R. § 60.36e.
7. Compliance and Performance Testing.
a. Except as provided for under sub-subparagraph 62-204.800(9)(d)7.b., F.A.C., the compliance and
performance testing requirements applicable to each hospital/medical/infectious waste incinerator subject to
paragraph 62-204.800(9)(d), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.56c, excluding the fugitive
emissions testing requirements under 40 C.F.R. §§ 60.56c(b)(14) and (c)(3).
b. Each small hospital/medical/infectious waste incinerator subject to the emission limits under subsubparagraph 62-204.800(9)(d)3.c., F.A.C., shall comply with the compliance and performance testing requirements
set forth in 40 C.F.R. § 60.37e(b).
8. Monitoring.
a. Except as provided for under sub-subparagraph 62-204.800(9)(d)8.b., F.A.C., the monitoring requirements
applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall
be the same as set forth in 40 C.F.R. § 60.57c.
b. Each small hospital/medical/infectious waste incinerator subject to the emission limits under subsubparagraph 62-204.800(8)(d)3.c., F.A.C., shall comply with the monitoring requirements set forth in 40 C.F.R. §
60.37e(d).
9. Reporting and Recordkeeping.
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a. The reporting and recordkeeping requirements applicable to each hospital/medical/infectious waste
incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.58c(b),
(c), (d), (e), and (f), excluding 60.58c(b)(2)(ii) and (b)(7).
b. In addition to the requirements of sub-subparagraph 62-204.800(9)(d)9.a., F.A.C., each small
hospital/medical/infectious waste incinerator subject to the emission limits under sub-subparagraph 62204.800(9)(d)3.c., F.A.C., shall comply with the reporting and recordkeeping requirements set forth in 40 C.F.R. §
60.38e(b).
10. Compliance Times.
a. Each hospital/medical infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall
comply with the operator training and qualification requirements of subparagraph 62-204.800(9)(d)4., F.A.C.,
according to the schedule set forth in 40 C.F.R. § 60.39e(e).
b. Each small hospital/medical/infectious waste incinerator subject to the emission limits under subsubparagraph 62-204.800(9)(d)3.c., F.A.C., shall comply with the inspection requirements of subparagraph 62204.800(9)(d)6., F.A.C., according to the schedule set forth in 40 C.F.R. § 60.39e(e).
c. Except as provided for under sub-subparagraph 62-204.800(9)(d)10.d., F.A.C., each
hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall comply with all
remaining requirements of paragraph 62-204.800(8)(d), F.A.C., according to the schedule set forth in 40 C.F.R. §
60.39e(b).
d. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., that
chooses to comply with the alternate schedule set forth in 40 C.F.R. 60.39e(c), shall submit to the Department the
information specified in 40 C.F.R. § 60.39e(d)(1)(i) and (ii) as part of the permit application required pursuant to
subparagraph 62-204.800(9)(d)11., F.A.C.
e. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall
comply with the requirements of this paragraph until the later of June 1, 2012, or such date as established pursuant
to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.
(e) Small Municipal Waste Combustion Units. 40 C.F.R. Part 60, Subpart BBBB, Emission Guidelines and
Compliance Times for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999,
revised as of July 1, 2009, is hereby adopted and incorporated by reference subject to the following provisions:
1. Applicability. The applicability of paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40
C.F.R. Part 60, Subpart BBBB.
2. Increments of Progress. The requirements for meeting increments of progress and achieving final compliance
applicable to each existing small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C.,
shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB, provided that the final control plan shall be
submitted no later than September 30, 2001.
3. Good Combustion Practices.
a. Operator Training. The operator training requirements applicable to each small municipal waste combustion
unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart
BBBB.
b. Operator Certification. The operator certification requirements applicable to each small municipal waste
combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60,
Subpart BBBB.
c. Operating Requirements. The operating requirements applicable to each small municipal waste combustion
unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart
BBBB.
4. Emission Limits. The emission limits on eleven pollutants applicable to each small municipal waste
combustion unit subject to paragraph 62-204.800(8)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60,
Subpart BBBB.
5. Continuous Emission Monitoring. The continuous emission monitoring requirements applicable to each small
municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40
C.F.R. Part 60, Subpart BBBB.
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6. Stack Testing. The stack testing requirements applicable to each small municipal waste combustion unit
subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.
7. Other Monitoring Requirements. Other monitoring requirements applicable to each small municipal waste
combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60,
Subpart BBBB.
8. Recordkeeping Requirements. The recordkeeping requirements applicable to each small municipal waste
combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60,
Subpart BBBB.
9. Reporting Requirements. The reporting requirements applicable to each small municipal waste combustion
unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart
BBBB.
10. Title V Operating Permits. Any small municipal waste combustion unit subject to the permitting
requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 C.F.R. Part 60, Subpart BBBB, shall file
an application for an operation permit under the requirements of Chapter 62-213, F.A.C., no later than December 1,
2002.
11. Air Curtain Incinerators. Requirements applicable to each Air Curtain Incinerator subject to paragraph 62204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.
12. Definitions. The terms used but not defined in 40 C.F.R. Part 60, Subpart BBBB, have the meaning given to
them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and AAAA.
(f) Commercial and Industrial Solid Waste Incineration Units. 40 C.F.R. Part 60, Subpart DDDD, Emission
Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced
Construction on or Before November 30, 1999, revised as of July 1, 2009, is hereby adopted and incorporated by
reference subject to the following provisions:
1. Applicability. The applicability of paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40
C.F.R. Part 60, Subpart DDDD.
2. Increments of Progress. The requirements for meeting increments of progress and achieving final compliance
applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40
C.F.R. Part 60, Subpart DDDD, provided that the final control plan shall be submitted no later than September 30,
2001.
3. Waste Management Plan. The waste management plan requirements applicable to each CISWI unit subject to
paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart DDDD.
4. Operator Training and Qualification. The operator training and qualification requirements applicable to each
CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60,
Subpart DDDD.
5. Emission Limitations and Operating Limits. The emission limitations and operating limits applicable to each
CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60,
Subpart DDDD.
6. Performance Testing. The performance testing requirements applicable to each CISWI unit subject to
paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart DDDD.
7. Initial Compliance Requirements. The initial compliance requirements applicable to each CISWI unit subject
to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart DDDD.
8. Continuous Compliance Requirements. The continuous compliance requirements applicable to each CISWI
unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart
DDDD.
9. Monitoring. The monitoring requirements applicable to each CISWI unit subject to paragraph 62204.800(8)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart DDDD.
10. Recordkeeping and Reporting Requirements. The recordkeeping and reporting requirements applicable to
each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60,
Subpart DDDD.
23
11. Title V Operating Permits. The Title V operating permit requirements applicable to each CISWI unit subject
to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart DDDD. Any
CISWI unit subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40
C.F.R. Part 60, Subpart DDDD, shall file an application for an operation permit under the requirements of Chapter
62-213, F.A.C., no later than December 1, 2002.
12. Air Curtain Incinerators. Requirements applicable to each Air Curtain Incinerator subject to paragraph 62204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart DDDD.
13. Definitions. The terms used but not defined in 40 C.F.R. Part 60, Subpart DDDD, have the meaning given to
them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and CCCC.
(g) Hospital/Medical/Infectious Waste Incinerators. 40 C.F.R. Part 60, Subpart Ce, Emission Guidelines and
Compliance Times for Hospital/Medical/Infectious Waste Incinerators, revised as of July 1, 2009; amended October
6, 2009, at 74 FR 51368; is hereby adopted and incorporated by reference, subject to the following provisions:
1. Applicability. The applicability of paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40
C.F.R. § 60.32e, where the applicable compliance date at 40 C.F.R. § 60.32e(j) shall be the later of June 1, 2012, or
such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.
2. Definitions. The terms used but not defined in 40 C.F.R. 60, Subpart Ce, shall have the meaning given them
at 40 C.F.R. 60, Subparts A, B and Ec.
3. Emission Limiting Standards.
a. The emission limits applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62204.800(9)(g), F.A.C., shall be the same as the emission limits set forth at 40 C.F.R. § 60.33e(a)(2) or (3).
b. The opacity limit applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62204.800(9)(g), F.A.C., shall be the same as the opacity limit set forth at 40 C.F.R. § 60.52c(b)(2).
4. Operator Training and Qualification. The operator training and qualification requirements applicable to each
hospital/ medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set
forth at 40 C.F.R. § 60.53c.
5. Waste Management. The waste management plan requirements applicable to each hospital/medical/infectious
waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.55c.
6. Inspection. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C.,
shall comply with the inspection requirements as set forth at 40 C.F.R. § 60.36e.
7. Compliance, Performance Testing, and Monitoring Provisions.
a. The compliance and performance testing requirements applicable to each hospital/medical/infectious waste
incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.56c,
excluding the annual fugitive emissions testing requirements under § 60.56c(c)(3), the CO CEMS requirements
under § 60.56c(c)(4), and the compliance requirements for monitoring listed in §§ 60.56c(c)(5)(ii) through (v),
(c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10). Hospital/medical/infectious waste
incinerators subject to the emission limits under § 60.33e(a)(2) and (a)(3) may, however, elect to use CO CEMS as
specified under § 60.56c(c)(4) or bag leak detection systems as specified under § 60.57c(h).
b. The monitoring requirements applicable to each hospital/medical/infectious waste incinerator subject to
paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.57c.
c. The use of previous emissions test results applicable to each hospital/medical/infectious waste incinerator
subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 CFR § 60.37e(f).
d. On or after June 1, 2012, any time the owner or operator of any hospital/medical/infectious waste incinerator
subject to paragraph 62-204.800(9)(g), F.A.C., conducts a performance test for any reason for particulate matter
(PM), the owner or operator shall also conduct a performance test for mercury (Hg), cadmium (Cd), and lead (Pb).
Testing shall be conducted in accordance with the applicable test procedures and methods set forth at 40 C.F.R. §
60.56c(b), and test data shall be reported to the Department in accordance with the provisions of 40 C.F.R. §
60.58c(c). This requirement for supplemental metals testing shall not apply if the owner or operator continuously
monitors or samples Hg emissions in accordance with the provisions of 40 C.F.R. § 60.56c(c)(5) or 40 C.F.R §
60.56c(c)(7).
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8. Reporting and Recordkeeping.
a. The reporting and recordkeeping requirements applicable to each hospital/medical/infectious waste
incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §§ 60.58c(b)
through (g), excluding §§ 60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and
(b)(7) (siting documentation).
b. In addition, each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C.,
shall comply with the reporting and recordkeeping requirements of 40 C.F.R.§ 60.38e(b).
9. Compliance Times.
a. Each hospital/medical infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall
comply with the operator training and qualification requirements of subparagraph 62-204.800(9)(g)4., F.A.C., by
June 1, 2012.
b. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall
comply with the inspection requirements of subparagraph 62-204.800(9)(g)6., F.A.C., by June 1, 2012.
c. Except as provided for under sub-subparagraph 62-204.800(9)(g)9.d., F.A.C., each
hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with all
remaining requirements of paragraph 62-204.800(9)(g), F.A.C., by June 1, 2012.
d. Any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., that
chooses to comply with the alternate schedule set forth at 40 C.F.R. § 60.39e(c), shall submit to the Department the
information specified at 40 C.F.R. § 60.39e(d)(1)(i) and (ii) as part of the permit application required pursuant to
subparagraph 62-204.800(9)(g)10., F.A.C. The alternate schedule must provide for compliance with the remaining
requirements of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C., no later than June 1, 2014.
10. Permit Application Deadline. Any hospital/medical/infectious waste incinerator subject to paragraph 62204.800(9)(g), F.A.C., shall file an application for Title V permit revision no later than June 1, 2011.
11. Related Provisions. Each hospital/medical/infectious waste incinerator subject to paragraph 62204.800(9)(g), F.A.C., shall also comply with all requirements of paragraph 62-296.401(4), F.A.C., to the extent that
such requirements are stricter than, or supplemental to, the requirements of paragraph 62-204.800(9)(g), F.A.C.
(h) Designated Facility Plan. Florida’s state plan for implementing the Emission Guidelines, as approved by the
Administrator pursuant to Section 111(d) of the Clean Air Act and identified at 40 C.F.R. Part 62, Subpart K,
revised as of July 1, 2009, is adopted and incorporated by reference.
(10) Title 40, Code of Federal Regulations, Part 61, National Emission Standards for Hazardous Air Pollutants.
(a) Definitions. For purposes of subsection 62-204.800(10), F.A.C., the definitions contained in the various
provisions of 40 C.F.R. Part 61 adopted herein shall apply, except that the term “Administrator,” when used in any
provision of 40 C.F.R. Part 61 that is delegated to the Department by the U.S. Environmental Protection Agency,
shall mean the Secretary or the Secretary’s designee.
(b) Standards Adopted. The following National Emission Standards for Hazardous Air Pollutants contained in
40 C.F.R. Part 61, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by
reference:
1. 40 C.F.R. Part 61, Subpart C, Beryllium.
2. 40 C.F.R. Part 61, Subpart D, Beryllium Rocket Motor Firing.
3. 40 C.F.R. Part 61, Subpart E, Mercury.
4. 40 C.F.R. Part 61, Subpart F, Vinyl Chloride; except that the Secretary is not the Administrator for the
purposes of 40 C.F.R. § 61.66.
5. 40 C.F.R. Part 61, Subpart J, Equipment Leaks (Fugitive Emission Sources) of Benzene; except that the
Secretary is not the Administrator for the purposes of 40 C.F.R. § 61.112(c).
6. 40 C.F.R. Part 61, Subpart K, Radionuclide Emissions From Elemental Phosphorous Plants.
7. 40 C.F.R. Part 61, Subpart L, Benzene Emissions from Coke By-Product Recovery Plants; except that the
Secretary is not the Administrator for the purposes of 40 C.F.R. § 61.136(d).
8. 40 C.F.R. Part 61, Subpart M, Asbestos; amended September 18, 2003, at 68 FR 54789; amended July 20,
2004, at 69 FR 43322; except that the Secretary is not the Administrator for the purposes of 40 C.F.R. §
61.149(c)(2), 40 C.F.R. § 61.150(a)(4), 40 C.F.R. § 61.151(c), 40 C.F.R. § 61.152(b)(3), 40 C.F.R. § 61.154(d), and
25
40 C.F.R. § 61.155(a); and except that DEP Form Number 62-257.900(1) shall be used in lieu of the form identified
as Figure 3 in 40 C.F.R. § 61.145.
9. 40 C.F.R. Part 61, Subpart N, Inorganic Arsenic Emission From Glass Manufacturing Plants.
10. 40 C.F.R. Part 61, Subpart O, Inorganic Arsenic Emissions From Primary Copper Smelters.
11. 40 C.F.R. Part 61, Subpart P, Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic
Production Facilities.
12. 40 C.F.R. Part 61, Subpart V, Equipment Leaks (Fugitive Emissions Sources).
13. 40 C.F.R. Part 61, Subpart Y, Benzene Emissions From Benzene Storage Vessels; except that the Secretary
is not the Administrator for the purposes of 40 C.F.R. § 61.273.
14. 40 C.F.R. Part 61, Subpart BB, Benzene Emissions From Benzene Transfer Operations; except that the
Secretary is not the Administrator for the purposes of 40 C.F.R. § 61.353.
15. 40 C.F.R. Part 61, Subpart FF, Benzene Waste Operations; amended November 12, 2002, at 67 FR 68526;
amended February 6, 2003, at 68 FR 6082; amended December 4, 2003, at 68 FR § 67931.
(c) The National Emission Standards for Hazardous Air Pollutants adopted by reference in this rule shall be
controlling over other standards in the air pollution rules of the Department, except that any emissions limiting
standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent
than one contained in a National Emission Standard, or which regulates pollutants or emissions units not regulated
by an applicable National Emission Standard, shall apply.
(d) General Provisions Adopted. The general provisions of 40 C.F.R. Part 61, Subpart A, revised as of July 1,
2001, amended May 16, 2007, at 72 FR 27437; are adopted and incorporated by reference; except for 40 C.F.R. §
61.08 and except that the Secretary is not the Administrator for the purposes of 40 C.F.R. § 61.04, 40 C.F.R. 6 §
1.11, and 40 C.F.R. § 61.18. In lieu of the process set forth in 40 C.F.R. § 61.08, the Department will follow the
permit processing procedures of Rule 62-4.055, F.A.C.
(e) Appendices Adopted. The following appendices of 40 C.F.R. Part 61, revised as of July 1, 2001, or later as
specifically indicated, are adopted and incorporated by reference:
1. 40 C.F.R. Part 61, Appendix A, National Emission Standards for Hazardous Air Pollutants, Compliance
Status Information.
2. 40 C.F.R. Part 61, Appendix B, Test Methods, except Method 111 for Polonium 210, Method 114 for
Radionuclides and Method 115 for Radon-222.
3. 40 C.F.R. Part 61 Appendix C, Quality Assurance Procedures.
(11) Title 40, Code of Federal Regulations, Part 63, National Emission Standards for Hazardous Air Pollutants
for Source Categories.
(a) Definitions. For the purposes of subsection 62-204.800(11), F.A.C., the definitions contained in the various
provisions of 40 C.F.R. Part 63 adopted herein shall apply, except that the term, “Administrator,” when used in any
provisions of 40 C.F.R. Part 63 that is delegated to the Department by the U.S. Environmental Protection Agency,
shall mean the Secretary or the Secretary’s designee.
(b) Standards Adopted. The following National Emission Standards for Hazardous Air Pollutants contained in
40 C.F.R. Part 63, revised as of July 1, 2009, or later as specifically indicated, are adopted and incorporated by
reference:
1. 40 C.F.R. Part 63, Subpart F, Organic Hazardous Air Pollutants From the Synthetic Organic Chemical
Manufacturing Industry; except that the Secretary is not the Administrator for purposes of the authorities cited at 40
C.F.R. §§ 63.106(c)(1) through (4).
2. 40 C.F.R. Part 63, Subpart G, Organic Hazardous Air Pollutants From the Synthetic Organic Manufacturing
Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.153(c)(1) through (4).
3. 40 C.F.R. Part 63, Subpart H, Organic Hazardous Air Pollutants for Equipment Leaks; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.183(c)(1) through (4).
4. 40 C.F.R. Part 63, Subpart I, Organic Hazardous Air Pollutants for Certain Processes Subject to the
Negotiated Regulation for Equipment Leaks; except that the Secretary is not the Administrator for purposes of the
26
authorities cited at 40 C.F.R. §§ 63.193(c)(1) through (4).
5. 40 C.F.R. Part 63, Subpart J, Polyvinyl Chloride and Copolymers Production; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.216(b)(1) through (5).
6. 40 C.F.R. Part 63, Subpart L, Coke Oven Batteries; except that the Secretary is not the Administrator for
purposes of the authorities cited at 40 C.F.R. §§ 63.313(d)(1) through (5).
7. 40 C.F.R. Part 63, Subpart M, Perchloroethylene Dry Cleaning Facilities; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.326(c)(1) through (4).
8. 40 C.F.R. Part 63, Subpart N, Chromium Emissions From Hard and Decorative Chromium Electroplating and
Chromium Anodizing Tanks; except that the Secretary is not the Administrator for purposes of the authorities cited
at 40 C.F.R. §§ 63.348(c)(1) through (4).
9. 40 C.F.R. Part 63, Subpart O, Ethylene Oxide Emissions Standards for Sterilization Facilities; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.368(c)(1) through (4).
10. 40 C.F.R. Part 63, Subpart Q, Industrial Process Cooling Towers; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.407(c)(1) through (4).
11. 40 C.F.R. Part 63, Subpart R, Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline
Breakout Stations); except that the Secretary is not the Administrator for purposes of the authorities cited at 40
C.F.R. §§ 63.429(c)(1) through (4).
12. 40 C.F.R. Part 63, Subpart S, Pulp and Paper Industry; except that the Secretary is not the Administrator for
purposes of the authorities cited at 40 C.F.R. §§ 63.458(c)(1) through (4).
13. 40 C.F.R. Part 63, Subpart T, Halogenated Solvent Cleaning; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.470(c)(1) through (4).
14. 40 C.F.R. Part 63, Subpart U, Group I Polymers and Resins; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.507(c)(1) through (4).
15. 40 C.F.R. Part 63, Subpart W, Epoxy Resins Production and Non-Nylon Polyamides Production; except that
the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.529(c)(1) through (4).
16. 40 C.F.R. Part 63, Subpart X, Secondary Lead Smelters; except that the Secretary is not the Administrator
for purposes of the authorities cited at 40 C.F.R. §§ 63.551(c)(1) through (4).
17. 40 C.F.R. Part 63, Subpart Y, Marine Tank Vessel Loading Operations; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.568(c)(1) through (4).
18. 40 C.F.R. Part 63, Subpart AA, Phosphoric Acid Manufacturing Plants; except that the Secretary is not the
Administrator for purposes of the authorities cited at of 40 C.F.R. §§ 63.611(c)(1) through (4).
19. 40 C.F.R. Part 63, Subpart BB, Phosphate Fertilizers Production Plants; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.632(c)(1) through (4).
20. 40 C.F.R. Part 63, Subpart CC, Petroleum Refineries; except that the Secretary is not the Administrator for
purposes of the authorities cited at 40 C.F.R. §§ 63.655(c)(1) through (4).
21. 40 C.F.R. Part 63, Subpart DD, Off-Site Waste and Recovery Operations; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.698(c)(1) through (4).
22. 40 C.F.R. Part 63, Subpart EE, Magnetic Tape Manufacturing Operations; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.708(c)(1) through (4).
23. 40 C.F.R. Part 63, Subpart GG, Aerospace Manufacturing and Rework Facilities; except that the Secretary
is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.759(c)(1) through (4).
24. 40 C.F.R. Part 63, Subpart HH, Oil and Natural Gas Production Facilities; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.776(c)(1) through (4).
25. 40 C.F.R. Part 63, Subpart II, Shipbuilding and Ship Repair (Surface Coating); except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.789(c)(1) through (4).
26. 40 C.F.R. Part 63, Subpart JJ, Wood Furniture Manufacturing Operations; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.808(c)(1) through (5).
27. 40 C.F.R. Part 63, Subpart KK, Printing and Publishing Industry; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.831(c)(1) through (4).
27
28. 40 C.F.R. Part 63, Subpart LL, Primary Aluminum Reduction Plants; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.853(c)(1) through (4).
29. 40 C.F.R. Part 63, Subpart MM, Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and StandAlone Semichemical Pulp Mills; except that the Secretary is not the Administrator for purposes of the authorities
cited at 40 C.F.R. §§ 63.868(b)(1) through (4).
30. 40 C.F.R. Part 63, Subpart OO, Tanks-Level 1; except that the Secretary is not the Administrator for
purposes of the authorities cited at 40 C.F.R. §§ 63.908(c)(1) through (4).
31. 40 C.F.R. Part 63, Subpart PP, Containers; except that the Secretary is not the Administrator for purposes of
the authorities cited at 40 C.F.R. §§ 63.929(c)(1) through (4).
32. 40 C.F.R. Part 63, Subpart QQ, Surface Impoundments; except that the Secretary is not the Administrator
for purposes of the authorities cited at 40 C.F.R. §§ 63.949(c)(1) through (4).
33. 40 C.F.R. Part 63, Subpart RR, Individual Drain Systems; except that the Secretary is not the Administrator
for purposes of the authorities cited at 40 C.F.R. §§ 63.967(c)(1) through (4).
34. 40 C.F.R. Part 63, Subpart SS, Closed Vent Systems, Control Devices, Recovery Devices and Routing to a
Fuel Gas System or a Process; except that the Secretary is not the Administrator for purposes of the authorities cited
at 40 C.F.R. §§ 63.992(b)(1) through (5).
35. 40 C.F.R. Part 63, Subpart TT, Equipment Leaks – Control Level 1; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1000(b)(1)(i) through (v).
36. 40 C.F.R. Part 63, Subpart UU, Equipment Leaks – Control Level 2 Standards; except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1019(f)(1)(i) through (v).
37. 40 C.F.R. Part 63, Subpart VV, Oil-Water Separators and Organic-Water Separators; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1050(c)(1) through (4).
38. 40 C.F.R. Part 63, Subpart WW, Storage Vessels (Tanks) – Control Level 2; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1067(b)(1) through (5).
39. 40 C.F.R. Part 63, Subpart XX, Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste
Operations; except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§
63.1097(b)(1) through (5).
40. 40 C.F.R. Part 63, Subpart YY, Generic Maximum Achievable Control Technology Standards; except that
the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1114(b)(1) through (5).
41. 40 C.F.R. Part 63, Subpart CCC, Steel Pickling – HCL Process Facilities and Hydrochloric Acid
Regeneration Plants; except that the Secretary is not the Administrator for purposes of the authorities cited at 40
C.F.R. §§ 63.1166(c)(1) through (8).
42. 40 C.F.R. Part 63, Subpart DDD, Mineral Wool Production; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1195(c)(1) through (4).
43. 40 C.F.R. Part 63, Subpart EEE, Hazardous Waste Combustors; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1214(c)(1) through (4).
44. 40 C.F.R. Part 63, Subpart GGG, Pharmaceuticals Production; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. 63.1261(c)(1) through (4).
45. 40 C.F.R. Part 63, Subpart HHH, Natural Gas Transmission and Storage Facilities; except that the Secretary
is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1286(c)(1) through (4).
46. 40 C.F.R. Part 63, Subpart III, Flexible Polyurethane Foam Production; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1309(c)(1) through (5).
47. 40 C.F.R. Part 63, Subpart JJJ, Group IV Polymers and Resins; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1336(c)(1) through (4).
48. 40 C.F.R. Part 63, Subpart LLL, Portland Cement Manufacturing Industry; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1358(c)(1) through (4). If a facility
becomes subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to the
emission limiting requirements of 40 C.F.R. Part 63, Subpart LLL, the facility shall submit an application for such
permit no later than October 1, 2000.
28
49. 40 C.F.R. Part 63, Subpart MMM, Pesticide Active Ingredient Production; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1369(c)(1) through (4).
50. 40 C.F.R. Part 63, Subpart NNN, Wool Fiberglass Manufacturing; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1388(c)(1) through (4).
51. 40 C.F.R. Part 63, Subpart OOO, Manufacture of Amino/Phenolic Resins; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§63.1419(c)(1) through (4).
52. 40 C.F.R. Part 63, Subpart PPP, Polyether Polyols Production; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1421(c)(1) through (4).
53. 40 C.F.R. Part 63, Subpart QQQ, Primary Copper Smelting; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1458(c)(1) through (4).
54. 40 C.F.R. Part 63, Subpart RRR, Secondary Aluminum Production; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1519(c)(1) through (4).
55. 40 C.F.R. Part 63, Subpart TTT, Primary Lead Smelting; except that the Secretary is not the Administrator
for purposes of the authorities cited at 40 C.F.R. §§ 63.1550(c)(1) through (4).
56. 40 C.F.R. Part 63, Subpart UUU, Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery
Units; except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§
63.1578(c)(1) through (5).
57. 40 C.F.R. Part 63, Subpart VVV, Publicly Owned Treatment Works; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1594(c)(1) through (4).
58. 40 C.F.R. Part 63, Subpart XXX, Ferroalloys Production: Ferromanganese and Silicomanganese; except that
the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1661(c)(1) through (4).
59. 40 C.F.R. Part 63, Subpart AAAA, Municipal Solid Waste Landfills; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.1985(c).
60. 40 C.F.R. Part 63, Subpart CCCC, Manufacturing of Nutritional Yeast; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.2191(c)(1) through (4).
61. 40 C.F.R. Part 63, Subpart DDDD, Plywood and Composite Wood Products; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.2291(c)(1) through (4).
62. 40 C.F.R. Part 63, Subpart EEEE, Organic Liquids Distribution (Non-Gasoline); except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.2402(b)(1) through (4).
63. 40 C.F.R. Part 63, Subpart FFFF, Miscellaneous Organic Chemical Manufacturing; except that the Secretary
is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.2545(b)(1) through (4).
64. 40 C.F.R. Part 63, Subpart GGGG, Solvent Extraction for Vegetable Oil Production; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.2871(c)(1) through (5).
65. 40 C.F.R. Part 63, Subpart HHHH, Wet-Formed Fiberglass Mat Productions; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.3002(b)(1) through (4).
66. 40 C.F.R. Part 63, Subpart IIII, Surface Coating of Automobiles and Light-Duty Trucks; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.3175(c)(1) through (4).
67. 40 C.F.R. Part 63, Subpart JJJJ, Paper and Other Web Coating; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.3420(b).
68. 40 C.F.R. Part 63, Subpart KKKK, Surface Coating of Metal Cans; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.3560(c)(1) through (4).
69. 40 C.F.R. Part 63, Subpart MMMM, Surface Coating of Miscellaneous Metal Parts and Products; except
that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.3980(c)(1) through
(4).
70. 40 C.F.R. Part 63, Subpart NNNN, Surface Coating of Large Appliances; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.4180(c)(1) through (4).
71. 40 C.F.R. Part 63, Subpart OOOO, Printing, Coating, and Dyeing of Fabrics and Other Textiles; except that
the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.4370(c)(1) through (4).
72. 40 C.F.R. Part 63, Subpart PPPP, Surface Coating of Plastic Parts and Products; except that the Secretary is
29
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.4580(c)(1) through (4).
73. 40 C.F.R. Part 63, Subpart QQQQ, Surface Coating of Wood Building Products; except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.4780(c)(1) through (4).
74. 40 C.F.R. Part 63, Subpart RRRR, Surface Coating of Metal Furniture; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.4980(c)(1) through (4).
75. 40 C.F.R. Part 63, Subpart SSSS, Surface Coating of Metal Coil; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.5200(c)(1) through (4).
76. 40 C.F.R. Part 63, Subpart TTTT, Leather Finishing Operations, except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.5455(c)(1) through (4).
77. 40 C.F.R. Part 63, Subpart UUUU, Cellulose Products Manufacturing; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.5605(b)(1) through (4).
78. 40 C.F.R. Part 63, Subpart VVVV, Boat Manufacturing, except that the Secretary is not the Administrator
for purposes of the authorities cited at 40 C.F.R. §§ 63.5776(b)(1) through (4).
79. 40 C.F.R. Part 63, Subpart WWWW, Reinforced Plastic Composites Production; except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.5930(c)(1) through (4).
80. 40 C.F.R. Part 63, Subpart XXXX, Rubber Tire Manufacturing; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.6014(c)(1) through (4).
81. 40 C.F.R. Part 63, Subpart YYYY, Stationary Combustion Turbines; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.6170(c)(1) through (5).
82. 40 C.F.R. Part 63, Subpart ZZZZ, Stationary Reciprocating Internal Combustion Engines, except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.6670(c)(1) through (5).
83. 40 C.F.R. Part 63, Subpart AAAAA, Lime Manufacturing Plants; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.7141(c)(1) through (6).
84. 40 C.F.R. Part 63, Subpart BBBBB, Semiconductor Manufacturing; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.7194(c)(1) through (4).
85. 40 C.F.R. Part 63, Subpart CCCCC, Coke Ovens: Pushing, Quenching, and Battery Stacks; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.7351(c)(1) through (6).
86. Reserved.
87. 40 C.F.R. Part 63, Subpart EEEEE, Iron and Steel Foundries; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.7761(c)(1) through (4).
88. 40 C.F.R. Part 63, Subpart FFFFF, Integrated Iron and Steel Manufacturing Facilities; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.7851(c)(1) through (4).
89. 40 C.F.R. Part 63, Subpart GGGGG, Site Remediation; except that the Secretary is not the Administrator for
purposes of the authorities cited at 40 C.F.R. §§ 63.7956(c)(1) through (4).
90. 40 C.F.R. Part 63, Subpart HHHHH, Miscellaneous Coating Manufacturing; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.8100(b)(1) through (4).
91. 40 C.F.R. Part 63, Subpart IIIII, Mercury Emissions from Mercury Cell Chlor-Alkali Plants; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.8264(c)(1) through (4).
92. 40 C.F.R. Part 63, Subpart JJJJJ, Brick and Structural Clay Products Manufacturing; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.8510(c)(1) through (4).
93. 40 C.F.R. Part 63, Subpart KKKKK, Clay Ceramics Manufacturing; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.8660(c)(1) through (4).
94. 40 C.F.R. Part 63, Subpart LLLLL, Asphalt Processing and Asphalt Roofing Manufacturing; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.8697(b)(1) through (4).
95. 40 C.F.R. Part 63, Subpart MMMMM, Flexible Polyurethane Foam Fabrication Operations; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.8828(c)(1) through (4).
96. 40 C.F.R. Part 63, Subpart NNNNN, Hydrochloric Acid Production; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.9070(c)(1) through (4).
97. 40 C.F.R. Part 63, Subpart PPPPP, Engine Test Cells/Stands; except that the Secretary is not the
30
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.9370(c)(1) through (4).
98. 40 C.F.R. Part 63, Subpart QQQQQ, Friction Materials Manufacturing Facilities; except that the Secretary
is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.9560(c)(1) through (4).
99. 40 C.F.R. Part 63, Subpart RRRRR, Taconite Iron Ore Processing; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.9651(c)(1) through (4).
100. 40 C.F.R. Part 63, Subpart SSSSS, Refractory Products Manufacturing; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.9822(c)(1) through (4).
101. 40 C.F.R. Part 63, Subpart TTTTT, Primary Magnesium Refining; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.9941(c)(1) through (4).
102. 40 C.F.R. Part 63, Subpart YYYYY, Area Sources: Electric Arc Furnace Steelmaking Facilities; except
that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.10691(c)(1)
through (6).
103. 40 C.F.R. Part 63, Subpart ZZZZZ, Iron and Steel Foundries Area Sources; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.10905(c)(1) through (6).
104. 40 C.F.R. Part 63, Subpart DDDDDD, Polyvinyl Chloride and Copolymers Production Area Sources;
except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11145(b)(1)
through (4).
105. 40 C.F.R. Part 63, Subpart EEEEEE, Primary Copper Smelting Area Sources; except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11152(c)(1) through (5).
106. 40 C.F.R. Part 63, Subpart FFFFFF, Secondary Copper Smelting Area Sources; except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11159(c)(1) through (4).
107. 40 C.F.R. Part 63, Subpart GGGGGG, Primary Nonferrous Metals Area Sources-Zinc, Cadmium, and
Beryllium; except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R.
63.11168(c)(1) through (5), and (d)(1) through (4).
108. 40 C.F.R. Part 63, Subpart LLLLLL, Acrylic and Modacrylic Fibers Production Area Sources; except that
the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11399(b)(1) through
(4).
109. 40 C.F.R. Part 63, Subpart MMMMMM, Carbon Black Production Area Sources; except that the Secretary
is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11406(b)(1) through (4).
110. 40 C.F.R. Part 63, Subpart NNNNNN, Chemical Manufacturing Area Sources: Chromium Compounds;
except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11413(b)(1)
through (4).
111. 40 C.F.R. Part 63, Subpart OOOOOO, Flexible Polyurethane Foam Production and Fabrication Area
Sources; except that the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§
63.11420(b)(1) through (4).
112. 40 C.F.R. Part 63, Subpart PPPPPP, Lead Acid Battery Manufacturing Area Sources; except that the
Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11427(b)(1) through(4).
113. 40 C.F.R. Part 63, Subpart QQQQQQ, Wood Preserving Area Sources; except that the Secretary is not the
Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11434(b)(1) through (4).
114. 40 C.F.R. Part 63, Subpart RRRRRR, Clay Ceramics Manufacturing Area Sources; except that the Secretary is
not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11445(c)(1) through (4).
115. 40 C.F.R. Part 63, Subpart SSSSSS, Glass Manufacturing Area Sources; except that the Secretary is not
the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11460(b)(1) through (4).
116. 40 C.F.R. Part 63, Subpart TTTTTT, Secondary Nonferrous Metals Processing Area Sources; except that
the Secretary is not the Administrator for purposes of the authorities cited at 40 C.F.R. §§ 63.11473(c)(1) through
(4).
(c) The National Emission Standards for Hazardous Air Pollutants adopted by reference in this rule shall be
controlling over other standards in the air pollution rules of the Department, except that any emissions limiting
standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent
than one contained in a National Emission Standard, or which regulates pollutants or emissions units not regulated
31
by an applicable National Emission Standard, shall apply.
(d) General Subparts Adopted. The following general subparts of 40 C.F.R. Part 63, revised as of July 1, 2009,
or later as specifically indicated, are adopted and incorporated by reference:
1. 40 C.F.R. Part 63, Subpart A, General Provisions; except that the Secretary is not the Administrator for
purposes of the authorities cited at 40 C.F.R. § 63.5(e), 40 C.F.R. § 63.5(f), 40 C.F.R. § 63.6(g), 40 C.F.R. §
63.6(h)(9), 40 C.F.R. § 63.6(j), 40 C.F.R. § 63.13, and 40 C.F.R. § 63.14.
2. 40 C.F.R. Part 63, Subpart B, Requirements for Control Technology Determinations for Major Sources in
Accordance with Clean Air Act Sections, §§ 112(g) and 112(j); is adopted and incorporated by reference, subject to
the following provisions:
a. The “effective date of Section 112(g)(2)(B)” as defined in 40 C.F.R. § 63.41 shall be July 1, 1997.
b. The “Notice of MACT Approval” as defined in 40 C.F.R. § 63.41 shall be the air construction permit.
c. The “permitting authority” as defined in 40 C.F.R. § 63.41 shall be the Department.
d. In lieu of the administrative procedures for review of the Notice of MACT Approval as set forth in 40 C.F.R.
§ 63.43(f)(1) through (5), the Department will follow the permit processing procedures of Rule 62-4.055, F.A.C.
e. In lieu of the opportunity for public comment on the Notice of MACT Approval as set forth in 40 C.F.R. §
63.43(h), the Department will provide opportunity for public comment on the Notice of MACT Approval pursuant
to Rule 62-210.350, F.A.C.
f. The Notice of MACT Approval shall become effective upon issuance of the air construction permit by the
Department.
3. 40 C.F.R. Part 63, Subpart C, List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity
Designations, Source Category List.
4. 40 C.F.R. Part 63, Subpart D, Compliance Extensions for Early Reductions of Hazardous Air Pollutants,
except any notice required to be published by the Department shall be prepared by the Department and published by
the applicant with proof of publication submitted to the Department.
5. 40 C.F.R. Part 63, Subpart E, Approval of State Programs and Delegation of Federal Authorities; Section
63.90, Program Overview, only.
(e) Appendices Adopted. The following appendices of 40 C.F.R. Part 63, revised as of July 1, 2009, or later as
specifically indicated, are adopted and incorporated by reference:
1. Appendix A, Test Methods.
2. Appendix B, Sources Defined for Early Reduction Provisions.
3. Appendix C, Determination of the Fraction Biodegraded (F bio) in a Biological Treatment Unit.
4. Appendix D, Alternative Validation Procedure for EPA Waste and Wastewater Methods.
5. Appendix E, Monitoring Procedure for Nonthoroughly Mixed Open Biological Treatment Systems at Kraft
Pulp Mills Under Unsafe Sampling Conditions.
(12) Title 40, Code of Federal Regulations, Part 64, Compliance Assurance Monitoring. The provisions of 40
C.F.R. Part 64, revised as of July 1, 2001, are adopted and incorporated by reference.
(13) Title 40, Code of Federal Regulations, Part 65, Consolidated Federal Air Rule. The following subparts of
40 C.F.R. Part 65, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by
reference.
(a) 40 C.F.R. Part 65, Subpart A, General Provisions; amended April 20, 2006, at 71 FR 20445; amended
August 27, 2007, at 72 FR 48938; amended December 28, 2007, at 72 FR 73625; amended December 22, 2008, at
73 FR 78199.
(b) 40 C.F.R. Part 65, Subpart B, Reserved.
(c) 40 C.F.R. Part 65, Subpart C, Storage Vessels.
(d) 40 C.F.R. Part 65, Subpart D, Process Vents.
(e) 40 C.F.R. Part 65, Subpart E, Transfer Racks.
(f) 40 C.F.R. Part 65, Subpart F, Equipment Leaks.
(g) 40 C.F.R. Part 65, Subpart G, Closed Vent Systems, Control Devices and Routing to a Fuel Gas System or a
Process.
32
(14) Title 40, Code of Federal Regulations, Part 68. (Reserved).
(15) Title 40, Code of Federal Regulations, Part 70, State Operating Permit Programs. The provisions of 40
C.F.R. Part 70, §§ 70.1 through 70.11, revised as of July 1, 2001; amended June 27, 2003, at 68 FR 38517; are
adopted and incorporated by reference.
(16) Title 40, Code of Federal Regulations, Part 72, Permits Regulation.
(a) The following subparts of 40 C.F.R. Part 72, revised as of July 1, 2005, or later as specifically indicated, are
adopted and incorporated by reference:
1. 40 C.F.R. Part 72, Subpart A, Acid Rain Program General Provisions; amended April 28, 2006, at 71 FR
25327; amended September 7, 2007, at 72 FR 51493; amended January 24, 2008, at 73 FR 4311.
2. 40 C.F.R. Part 72, Subpart B, Designated Representative; amended April 28, 2006, at 71 FR 25327; amended
October 19, 2007, at 72 FR 59190.
3. 40 C.F.R. Part 72, Subpart C, Acid Rain Permit Applications.
4. 40 C.F.R. Part 72, Subpart D, Acid Rain Compliance Plan and Compliance Options.
5. 40 C.F.R. Part 72, Subpart E, Acid Rain Permit Contents.
6. 40 C.F.R. Part 72, Subpart F, Federal Acid Rain Permit Issuance Procedures.
7. 40 C.F.R. Part 72, Subpart G, Acid Rain Phase II Implementation.
8. 40 C.F.R. Part 72, Subpart H, Permit Revisions.
9. 40 C.F.R. Part 72, Subpart I, Compliance Certification.
(b) The following appendices of 40 C.F.R. Part 72, revised as of July 1, 2005, or later as specifically indicated,
are adopted and incorporated by reference:
1. Appendix A, Methodology for Annualization of Emissions Limits.
2. Appendix B, Methodology for Conversion of Emissions Limits.
3. Appendix C, Actual 1985 Yearly SO2 Emissions Calculation.
4. Appendix D, Calculation of Potential Electric Output Capacity.
(17) Title 40, Code of Federal Regulations, Part 73, Sulfur Dioxide Allowance System. The following subparts
of 40 C.F.R. Part 73, revised as of July 1, 2005, or later as specifically indicated, are adopted and incorporated by
reference:
(a) 40 C.F.R. Part 73, Subpart A, Background and Summary.
(b) 40 C.F.R. Part 73, Subpart B, Allowance Allocations.
(c) 40 C.F.R. Part 73, Subpart C, Allowance Tracking System; amended April 28, 2006, at 71 FR 25327.
(d) 40 C.F.R. Part 73, Subpart D, Allowance Transfers.
(e) 40 C.F.R. Part 73, Subpart E, Auctions, Direct Sales, and Independent Power Producers Written Guarantee.
(f) 40 C.F.R. Part 73, Subpart F, Energy Conservation and Renewable Energy Reserve.
(g) 40 C.F.R. Part 73, Subpart G, Small Diesel Refineries.
(18) Title 40, Code of Federal Regulations, Part 74, Sulfur Dioxide Opt-Ins. The following subparts of 40
C.F.R. Part 74, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by
reference:
(a) 40 C.F.R. Part 74, Subpart A, Background and Summary.
(b) 40 C.F.R. Part 74, Subpart B, Permitting Procedures.
(c) 40 C.F.R. Part 74, Subpart C, Allowance Calculations for Combustion Sources.
(d) 40 C.F.R. Part 74, Subpart E, Allowance Tracking and Transfer and End of Year Compliance.
(e) 40 C.F.R. Part 74, Subpart F, Monitoring Emissions: Combustion Sources.
(19) Title 40, Code of Federal Regulations, Part 75, Continuous Emission Monitoring.
(a) The following subparts of 40 C.F.R. Part 75, revised as of July 1, 2005, or later as specifically indicated, are
adopted and incorporated by reference:
1. 40 C.F.R. Part 75, Subpart A, General; amended January 24, 2008, at 73 FR 4311.
2. 40 C.F.R. Part 75, Subpart B, Monitoring Provisions; amended September 7, 2007, at 72 FR 51493; amended
January 24, 2008, at 73 FR 4311.
3. 40 C.F.R. Part 75, Subpart C, Operation and Maintenance Requirements; amended September 7, 2007, at 72
33
FR 51493; amended January 24, 2008, at 73 FR 4311.
4. 40 C.F.R. Part 75, Subpart D, Missing Data Substitution Procedures; amended January 24, 2008, at 73 FR
4311.
5. 40 C.F.R. Part 75, Subpart E, Alternative Monitoring Systems.
6. 40 C.F.R. Part 75, Subpart F, Recordkeeping Requirements; amended January 24, 2008, at 73 FR 4311;
amended September 7, 2007, at 72 FR 51493.
7. 40 C.F.R. Part 75, Subpart G, Reporting Requirements; amended January 24, 2008, at 73 FR 4311.
8. 40 C.F.R. Part 75, Subpart H, NOx Mass Emissions Provisions; amended January 24, 2008, at 73 FR 4311.
9. 40 C.F.R. Part 75, Subpart I, Hg Mass Emission Provisions; amended January 24, 2008, at 73 FR 4311;
amended September 7, 2007, at 72 FR 51493.
(b) The following appendices of 40 C.F.R. Part 75, revised as of July 1, 2005, or later as specifically indicated,
are adopted and incorporated by reference:
1. Appendix A, Specifications and Test Procedures; amended September 7, 2007, at 72 FR 51493; amended
January 24, 2008, at 73 FR 4311; amended November 4, 2008, at 73 FR 65554.
2. Appendix B, Quality Assurance and Quality Control Procedures; amended September 7, 2007, at 72 FR
51493; amended January 24, 2008, at 73 FR 4311.
3. Appendix C, Missing Data Estimation Procedures.
4. Appendix D, Optional SO2 Emissions Data Protocol for Gas-Fired and Oil-Fired Units; amended January 24,
2008, at 73 FR 4311.
5. Appendix E, Optional NOx Emissions Estimation Protocol for Gas-Fired Peaking Units and Oil-Fired
Peaking Units; amended January 24, 2008, at 73 FR 4311.
6. Appendix F, Conversion Procedures; amended January 24, 2008, at 73 FR 4311; amended February 13, 2008,
at 73 FR 8408; amended September 7, 2007, at 72 FR 51493.
7. Appendix G, Determination of CO2 Emissions; amended January 24, 2008, at 73 FR 4311.
8. Appendix H, Revised Traceability Protocol No. 1.
9. Appendix I, Optional F-Factor/Fuel Flow Method; amended September 7, 2007, at 72 FR 51493.
10. Appendix J, Compliance Dates for Revised Recordkeeping Requirements and Missing Data Procedures.
11. Appendix K, Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems; amended
September 7, 2007, at 72 FR 51493; amended January 24, 2008, at 73 FR 4311.
(20) Title 40, Code of Federal Regulations, Part 76, Acid Rain Nitrogen Oxides Emission Reduction Program.
(a) The provisions of 40 C.F.R. Part 76, §§ 76.1 through 76.15, revised as of July 1, 2001, are adopted and
incorporated by reference.
(b) The following appendices of 40 C.F.R. Part 76, revised as of July 1, 2001, or later as specifically indicated,
are adopted and incorporated by reference:
1. Appendix A, Phase I Affected Coal-Fired Utility Units with Group 1 or Cell Burner Boilers.
2. Appendix B, Procedures and Methods for Estimating Costs of Nitrogen Oxides Controls Applied to Group 1,
Phase I Boilers.
(21) Title 40, Code of Federal Regulations, Part 77, Excess Emissions. The provisions of 40 C.F.R. Part 77, §§
77.1 through 77.6, revised as of July 1, 2005, are adopted and incorporated by reference.
(22) Title 40, Code of Federal Regulations, Part 78, Appeal Procedures for Acid Rain Program. The provisions
of 40 C.F.R. Part 78, §§ 78.1 through 78.20, revised as of July 1, 2005, amended April 28, 2006, at 71 FR 25327,
are adopted and incorporated by reference.
(23) Title 40, Code of Federal Regulations, Part 81, Designation of Areas for Air Quality Planning Purposes.
(a) 40 C.F.R. Part 81, Subpart B, Designation of Air Quality Control Regions §§ 81.49, 81.68, 81.91, 81.95,
81.96, and 81.97, revised as of July 1, 2009, are adopted and incorporated by reference.
(b) 40 C.F.R. Part 81, Subpart C, Section 107 Attainment Status Designations, § 81.310, revised as of July 1,
2009, is adopted and incorporated by reference.
(c) 40 C.F.R. Part 81, Subpart D, Identification of Mandatory Class I Federal Areas Where Visibility Is An
Important Value, § 81.407, revised as of July 1, 2009, is adopted and incorporated by reference.
34
(24) Title 40, Code of Federal Regulations, Part 82, Protection of Stratospheric Ozone. The following subparts
of 40 C.F.R. Part 82, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by
reference:
(a) 40 C.F.R. Part 82, Subpart A, Production and Consumption Controls.
(b) 40 C.F.R. Part 82, Subpart B, Servicing of Motor Vehicle Air Conditioners.
(c) 40 C.F.R. Part 82, Subpart C, Ban on Nonessential Products Containing Class I Substances and Ban on
Nonessential Products Containing or Manufactured With Class II Substances.
(d) 40 C.F.R. Part 82, Subpart E, The Labeling of Products Using Ozone-Depleting Substances.
(e) 40 C.F.R. Part 82, Subpart F, Recycling and Emissions Reduction.
(f) 40 C.F.R. Part 82, Subpart G, Significant New Alternatives Policy Program.
(25) Title 40, Code of Federal Regulations, Part 89, Control of Emissions From New and In-Use Nonroad
Compression-Ignition Engines. The following subparts of 40 C.F.R. Part 89, revised as of July 1, 2007, or later as
specifically indicated, are adopted and incorporated by reference.
(a) 40 C.F.R. Part 89, Subpart A, General; amended February 24, 2009, at 74 FR 8309.
(b) 40 C.F.R. Part 89, Subpart B, Emission Standards and Certification Provisions.
(26) Title 40, Code of Federal Regulations, Part 93, Determining Conformity of Federal Actions to State or
Federal Implementation Plans. The provisions of 40 C.F.R. 93, Subpart A, Conformity to State or Federal
Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title
23 U.S.C. or the Federal Transit Laws, revised as of July 1, 2001; amended August 6, 2002, at 67 FR 50808, are
adopted and incorporated by reference.
(27) Title 40, Code of Federal Regulations, Part 96, NO x Budget Trading Program and CAIR NOx and SO2
Trading Programs for State Implementation Plans. The following subparts of 40 C.F.R. Part 96, revised as of July 1,
2005, or later as specifically indicated, are adopted and incorporated by reference.
(a) Subpart AA, CAIR NOx Annual Trading Program General Provisions; amended April 28, 2006, at 71 FR
25327; amended December 13, 2006, at 71 FR 74792; amended October 19, 2007, at 72 FR 59190.
(b) Subpart BB, CAIR Designated Representative for CAIR NO x Sources; amended April 28, 2006, at 71 FR
25327; amended December 13, 2006, at 71 FR 74792.
(c) Subpart CC, Permits; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR
74792.
(d) Subpart EE, CAIR NOx Allowance Allocations; amended April 28, 2006, at 71 FR 25327; amended
December 13, 2006, at 71 FR 74792.
(e) Subpart FF, CAIR NOx Allowance Tracking System; amended April 28, 2006, at 71 FR 25327; amended
December 13, 2006, at 71 FR 74792.
(f) Subpart GG, CAIR NOx Allowance Transfers.
(g) Subpart HH, Monitoring and Reporting; amended April 28, 2006, at 71 FR 25327.
(h) Subpart AAA, CAIR SO2 Trading Program General Provisions; amended April 28, 2006, at 71 FR 25327;
amended December 13, 2006, at 71 FR 74792; amended October 19, 2007, at 72 FR 59190.
(i) Subpart BBB, CAIR Designated Representative for CAIR SO2 Sources; amended April 28, 2006, at 71 FR
25327; amended December 13, 2006, at 71 FR 74792.
(j) Subpart CCC, Permits; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR
74792.
(k) Subpart FFF, CAIR SO2 Allowance Tracking System; amended April 28, 2006, at 71 FR 25327; amended
December 13, 2006, at 71 FR 74792.
(l) Subpart GGG, CAIR SO2 Allowance Transfers; amended April 28, 2006, at 71 FR 25327.
(m) Subpart HHH, Monitoring and Reporting; amended April 28, 2006, at 71 FR 25327; amended December
13, 2006, at 71 FR 74792.
(n) Subpart AAAA, CAIR NOx Ozone Season Trading Program General Provisions; amended April 28, 2006, at
71 FR 25327; amended December 13, 2006, at 71 FR 74792; amended October 19, 2007, at 72 FR 59190.
(o) Subpart BBBB, CAIR Designated Representative for CAIR NOx Ozone Season Sources; amended April 28,
2006, at 71 FR 25327.
35
(p) Subpart CCCC, Permits; amended April 28, 2006, at 71 FR 25327.
(q) Subpart EEEE, CAIR NOx Ozone Season Allowance Allocations; amended April 28, 2006, at 71 FR 25327;
amended December 13, 2006, at 71 FR 74792.
(r) Subpart FFFF, CAIR NOx Ozone Season Allowance Tracking System; amended April 28, 2006, at 71 FR
25327; amended December 13, 2006, at 71 FR 74792.
(s) Subpart GGGG, CAIR NOx Ozone Season Allowance Transfers.
(t) Subpart HHHH, Monitoring and Reporting; amended April 28, 2006, at 71 FR 25327; amended December
13, 2006, at 71 FR 74792.
Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History–New 3-13-96,
Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98,
10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 101-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07,
4-2-07, 5-31-07, 7-2-07, 10-1-07, 2-1-08, 7-1-08, 10-1-08, 10-6-08, 12-1-08, 11-18-09, 6-11-10, 7-1-10, 10-1-10, 12-30-10.
36