Senate Bill sb1300c1

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    Florida Senate - 2003                           CS for SB 1300

    By the Committee on Agriculture; and Senator Alexander





    303-2057-03

  1                      A bill to be entitled

  2         An act relating to citrus; amending s.

  3         403.08725, F.S.; redefining the terms "new

  4         sources" and "existing sources"; amending

  5         permitted emissions limits; providing for the

  6         Department of Environmental Protection to

  7         develop, by a specified deadline, management

  8         practices to prevent or minimize certain

  9         pollutants that are not specifically named in

10         this section; providing specific contents of

11         rules adopted by the department; providing

12         additional emissions limits; providing for the

13         expiration of the program created under this

14         section; providing prerequisites to salary

15         adjustments for certain employees of the

16         Department of Citrus; requiring the Department

17         of Citrus to publish an annual travel report;

18         providing requirements for the contents of that

19         report; providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Subsections (1), (2), (7), and (8) of

24  section 403.08725, Florida Statutes, are amended, and

25  subsection (10) is added to that section, to read:

26         403.08725  Citrus juice processing facilities.--

27         (1)  COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective

28  July 1, 2002, all existing citrus juice processing facilities

29  shall comply with the provisions of this section in lieu of

30  obtaining air pollution construction and operation permits,

31  notwithstanding the permit requirements of ss. 403.087(1) and

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    Florida Senate - 2003                           CS for SB 1300
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 1  403.0872. For purposes of this section, "existing juice

 2  processing facility" means any facility that currently has air

 3  pollution construction or operation permits issued by the

 4  department with a fruit processing capacity of 2 million boxes

 5  per year or more. For purposes of this section, "facility"

 6  means all emissions units at a plant that processes citrus

 7  fruit to produce single-strength or frozen concentrated juice

 8  and other products and byproducts identified by Major Group

 9  Standard Industrial Classification Codes 2033, 2037, and 2048

10  which are located within a contiguous area and are owned or

11  operated under common control, along with all emissions units

12  located in the contiguous area and under the same common

13  control which directly support the operation of the citrus

14  juice processing function. For purposes of this section,

15  facilities that do not operate a citrus peel dryer are not

16  subject to the requirements of paragraph (2)(c). For purposes

17  of this section, "department" means the Department of

18  Environmental Protection. Notwithstanding any other provision

19  of law to the contrary, for purposes of the permitted emission

20  limits of this section, "new sources" means emissions units

21  constructed or added to a facility on or after July 1, 2002

22  2000, and "existing sources" means emissions units constructed

23  or modified before July 1, 2002 2000.

24         (2)  PERMITTED EMISSIONS LIMITS.--All facilities

25  authorized to construct and operate under this section shall

26  operate within the most stringent of the emissions limits set

27  forth in paragraphs (a)-(g) for each new and existing source:

28         (a)  Any applicable standard promulgated by the United

29  States Environmental Protection Agency.

30         (b)  Each facility shall comply with the emissions

31  limitations of its Title V permit, and any properly issued and

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    Florida Senate - 2003                           CS for SB 1300
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 1  certified valid preconstruction permits, until October 31,

 2  2002, at which time the requirements of this section shall

 3  supersede the requirements of the permits. Nothing in this

 4  paragraph shall preclude the department's authority to

 5  evaluate past compliance with all department rules.

 6         (c)  After October 31, 2002, for volatile organic

 7  compounds, the level of emissions achievable by a 50 percent

 8  recovery of oil from citrus fruits processed as determined by

 9  the methodology described in subparagraph (4)(a)1. One year

10  after EPA approval pursuant to subsection (9), for volatile

11  organic compounds, the level of emissions achievable by a 65

12  percent recovery of oil from citrus fruits processed as

13  determined by the methodology described in subparagraph

14  (4)(a)1.

15         (d)  After October 31, 2004 2002, except as otherwise

16  provided herein, no facility with access to natural gas shall

17  fire fuel oil containing greater than 0.1 0.5 percent sulfur

18  by weight or, alternatively, operate without processes that

19  result in the equivalent of the use of such fuel. Those

20  facilities without access to natural gas shall be limited to

21  fuel oil containing no greater than 0.5 1 percent sulfur by

22  weight or, alternatively, operate without processes that

23  result in the equivalent of the use of such fuel, except that

24  all new sources at such facilities shall be limited to fuel

25  oil containing no greater than 0.1 percent sulfur by weight or

26  the equivalent of such fuel. In addition, facilities may use

27  fuel oil with no greater than 1.5 percent sulfur by weight for

28  up to 400 hours per calendar year. The use of natural gas is

29  not limited by this paragraph. The use of d-limonene as a fuel

30  is not limited by this paragraph. No source shall fire any

31  

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    Florida Senate - 2003                           CS for SB 1300
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 1  fuel other than fuel oil, natural gas, ethanol, propane,

 2  d-limonene, or biogas. No source shall fire used oil.

 3         (e)  All new boilers and coolers must have a stack

 4  height of at least 2.5 times the height of adjacent buildings,

 5  and no more than 65 meters, measured from the ground-level

 6  elevation at the base of the stack.

 7         (f)(e)  After October 31, 2004 2002, for particulate

 8  matter of 10 microns or less, the emissions levels, expressed

 9  in pounds per million British thermal units of heat input,

10  unless otherwise specified, are established for the following

11  types of new and existing sources:

12         1.  Citrus peel dryer, regardless of production

13  capacity: 15 pounds per hour.

14         2.  Pellet cooler or cooling reel, regardless of

15  production capacity: 5 pounds per hour.

16         3.  Process steam boiler:

17         a.  Sources fired with natural gas, ethanol, propane,

18  ethanol, biogas, or d-limonene and existing sources fired with

19  fuel oil: not limited.

20         b.  New sources fired with fuel oil: 0.05 0.10 pounds

21  per million British thermal units.

22  

23  No process steam boiler shall fire any fuel other than natural

24  gas, propane, ethanol, biogas, d-limonene, or fuel oil. No

25  process steam boiler shall fire used oil.

26         4.  Combustion turbine:

27         a.  Existing sources regardless of fuel: not limited.

28         b.  New sources fired with natural gas, propane,

29  ethanol, or biogas, or d-limonene: not limited.

30         c.  New sources fired with fuel oil: 0.10 pounds per

31  million British thermal units.

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    Florida Senate - 2003                           CS for SB 1300
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 1  

 2  No combustion turbine shall fire any fuel other than natural

 3  gas, propane, biogas, or fuel oil. No combustion turbine shall

 4  fire used oil.

 5         5.  Duct burner:

 6         a.  New and existing sources fired with natural gas,

 7  ethanol, propane, or biogas, or d-limonene: not limited.

 8         b.  New and existing sources fired with fuel oil: 0.10

 9  pounds per million British thermal units.

10  

11  No duct burner shall fire any fuel other than natural gas,

12  propane, biogas, or fuel oil. No duct burner shall fire used

13  oil.

14         6.  Glass plant furnace: existing sources with a

15  maximum noncullet material process input rate of 18 tons per

16  hour; hourly emissions limited as determined by the following

17  equation: Emission limit (pounds per hour) = 3.59 x (process

18  rate, tons per hour raised to the 0.62 power). No glass plant

19  furnace shall fire any fuel other than natural gas, propane,

20  biogas, d-limonene, or fuel oil. No glass plant furnace shall

21  fire used oil.

22         7.  Biogas flare for anaerobic reactor: not limited.

23         8.  Emergency generator: not limited.

24         9.  Volatile organic compounds emission control

25  incinerator: not limited.

26         (g)(f)  After October 31, 2002, for nitrogen oxides,

27  the emissions levels, expressed in pounds of nitrogen dioxide

28  per million British thermal units of heat produced, unless

29  otherwise specified, are established for the following types

30  of new and existing sources:

31         1.  Citrus peel dryer:

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    Florida Senate - 2003                           CS for SB 1300
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 1         a.  Sources that fire natural gas, propane, ethanol,

 2  biogas, or d-limonene: not limited.

 3         b.  Sources that fire fuel oil: 0.34 pounds per million

 4  British thermal units.

 5         2.  Process steam boiler:

 6         a.  New sources with a heat input capacity of 67

 7  million British thermal units per hour or less and existing

 8  sources regardless of heat input capacity: not limited.

 9         b.  New sources with a heat input capacity of more than

10  67 million British thermal units per hour: 0.10 pounds per

11  million British thermal units.

12         3.  Combustion turbine:

13         a.  Existing sources regardless of fuel:

14         (I)  Existing combustion turbine of approximately 425

15  million British thermal units per hour heat input capacity: 42

16  parts per million volume dry at 15 percent oxygen.

17         (II)  Existing combustion turbines of approximately 50

18  million British thermal units per hour heat input capacity

19  each, constructed prior to July 1999: 168 parts per million

20  volume dry at 15 percent oxygen.

21         (III)  Existing combustion turbine of approximately 50

22  million British thermal units per hour heat input capacity,

23  constructed after July 1999: 50 parts per million volume dry

24  at 15 percent oxygen.

25         b.  New sources with less than 50 megawatts of

26  mechanically generated electrical capacity, regardless of

27  fuel: 25 parts per million volume dry at 15 percent oxygen.

28         c.  New sources with greater than or equal to 50

29  megawatts of mechanically generated electrical capacity,

30  regardless of fuel: 3.5 parts per million volume dry at 15

31  percent oxygen.

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    Florida Senate - 2003                           CS for SB 1300
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 1         4.  Duct burner:

 2         a.  Existing sources fired with natural gas, propane,

 3  or biogas: not limited.

 4         b.  Sources fired with fuel oil: 0.20 pounds per

 5  million British thermal units.

 6         5.  Glass plant furnace:

 7         a.  Existing sources regardless of production capacity:

 8  not limited.

 9         b.  New sources firing gaseous fuels or fuel oil,

10  regardless of production capacity: 5.5 pounds per ton of glass

11  produced.

12         6.  Biogas flare for anaerobic reactor: not limited.

13         7.  Emergency generator: not limited.

14         8.  Volatile organic compound emission control

15  incinerator: not limited.

16         (h)(g)  After October 31, 2004 2002, for visible

17  emissions, the levels of visible emissions at all times during

18  operation, expressed as a percent of opacity, are established

19  for the following types of emission sources:

20         1.  Citrus peel dryer: 20 percent.

21         2.  Pellet cooler or cooling reel: 5 percent.

22         3.  Process steam boiler: 20 percent.

23         4.  Combustion turbine: 10 percent.

24         5.  Duct burner: limited to the visible emissions limit

25  of the associated combustion turbine.

26         6.  Glass plant furnace: 20 percent.

27         7.  Biogas flare for anaerobic reactor: 20 percent.

28         8.  Emergency generator: 20 percent.

29         9.  Lime storage silo: 10 percent.

30         10.  Volatile organic compounds emission control

31  incinerator: 5 percent.

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    Florida Senate - 2003                           CS for SB 1300
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 1         (i)  The department may develop, with the cooperation

 2  of the Florida Citrus Processors association, management

 3  practices for the prevention or minimization of any other

 4  pollutant that is specifically regulated under the Clean Air

 5  Act but not specifically addressed by this section. To the

 6  greatest practicable extent, considering the unique

 7  characteristics of each facility, after these management

 8  practices have been developed, each source that is subject to

 9  this section must either comply with such generic practices or

10  obtain approval from the department for the use of modified

11  practices that are uniquely tailored to the facility. Such

12  management practices must be developed before the United

13  States Environmental Protection Agency issues its final

14  approval of the program developed under this section. The

15  department shall adopt such practices by rule when

16  practicable.

17         (7)  RULES.--The department shall adopt rules pursuant

18  to ss. 120.536(1) and 120.54 to implement the provisions of

19  this section. Such rules shall, to the maximum extent

20  practicable, assure compliance with substantive federal Clean

21  Air Act requirements. The department shall require the

22  registration of facilities and shall provide for such

23  participation by the public and the United States

24  Environmental Protection Agency as is required by Title V of

25  the Clean Air Act.

26         (8)  LEGISLATIVE REVIEW.--By March 2007 2004, the

27  department, after consultation with the citrus industry, shall

28  report to the Legislature concerning the implementation of

29  this section, and shall make recommendations for any changes

30  necessary to improve implementation.

31  

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    Florida Senate - 2003                           CS for SB 1300
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 1         (10)  ADDITIONAL EMISSIONS LIMITS AND EXPIRATION OF

 2  THIS PROGRAM.--

 3         (a)1.  No later than June 15 of each calendar year,

 4  each citrus processing facility subject to this section shall

 5  provide the total facility fruit throughput, in standard box

 6  measurement, for the previous June 1 through May 31 period, to

 7  the Florida Citrus Processors Association. The facility's

 8  responsible official must certify such information as true,

 9  complete, and correct. By June 30 of each calendar year, the

10  Florida Citrus Processors Association shall provide to the

11  department the aggregate fruit throughput for all facilities

12  that are subject to this section. In addition, for purposes of

13  assuring compliance with this section, the Florida Citrus

14  Processors Association shall provide the department with

15  throughput information for individual facilities upon request

16  of the department.

17         2.  On July 31 following the close of a production year

18  (June 1 through May 31) during which the industrywide fruit

19  throughput exceeds 350 million boxes, the terms and conditions

20  of paragraphs (1)-(4) and (6) shall expire and all facilities

21  subject to those provisions shall become subject to all

22  then-existing department air-permitting requirements for the

23  construction and operation of major air-pollution sources and

24  all generally applicable air-pollution-limiting department

25  rules. Such facilities shall apply for individual Title V

26  permits on or before July 30 of that year, and all facility

27  emissions limits and unit emissions limits effective as of

28  July 30 of that year shall continue to be the effective limits

29  for such units and facilities until changed through normal

30  department air-pollution preconstruction permit processes.

31  Each facility's fruit throughput is limited to the actual

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    Florida Senate - 2003                           CS for SB 1300
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 1  throughput of the most recent production year (October 1

 2  through May 31) unless the throughput level is changed through

 3  normal department air-pollution preconstruction permit

 4  processes. Any throughput increase above such a throughput

 5  level is considered to be a relaxation of a restriction on

 6  pollutant-emitting capacity and is subject to Rule

 7  62-212.400(2)(g), Florida Administrative Code.

 8         3.  If a facility makes timely application for a Title

 9  V permit in accordance with this section and provides

10  information to make the application complete in accordance

11  with department rules, that facility is not considered to be

12  operating without a permit during the processing of the Title

13  V permit if the facility continues to provide the department

14  with all Title V compliance reports and monitoring reports

15  required by 40 C.F.R. part 70 during that period.

16         (b)1.  The department shall, 3 and 6 years after the

17  full implementation of this regulatory program, evaluate the

18  program to determine if it is successful. The evaluation must

19  address the consolidation of the industry to date and the

20  related changes of emissions units and emissions and modeling

21  of the effects of such emissions changes, and must be reported

22  to the United States Environmental Protection Agency's Region

23  4 office, with a copy to the Florida Citrus Processors

24  Association and the federal Class I area land management

25  agencies. The department, in consultation with the United

26  States Environmental Protection Agency, shall determine the

27  success of the program by a comparison of industrywide

28  aggregate air emissions increases and reductions resulting

29  from regulation under this program versus emissions increases

30  and reductions that would have resulted from regulation under

31  the federal new source review program during each 3-year

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    Florida Senate - 2003                           CS for SB 1300
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 1  evaluation period. During the evaluation period, the

 2  department shall track new sources added to citrus facilities

 3  and estimate the emissions limitations that would have

 4  resulted from the federal new source review regulations in

 5  effect at the time of the addition of each source. As used in

 6  this paragraph, the term "regulations in effect" means those

 7  regulations that the United States Environmental Protection

 8  Agency has published in the Federal Register as a final

 9  regulation.

10         2.  If, at the end of each evaluation period, the

11  comparison of emissions increases and decreases shows that

12  this program results in an overall emissions benefit that is

13  consistent with the intention of the program and is protective

14  of air quality, this regulatory program shall be considered

15  successful. For purposes of this review, the target emissions

16  increases and decreases for this program are:

17         a.  This program is intended to significantly reduce

18  allowable and actual emissions of volatile organic compounds

19  and sulfur dioxide.

20         b.  This program is intended to reduce allowable

21  emissions of particulate matter.

22         c.  This program is not intended to reduce actual

23  emissions of carbon monoxide or nitrogen oxides.

24         d.  This program is intended to result in an overall

25  emissions benefit that is equal to or better than the benefit

26  that would have resulted from regulation under the federal new

27  source review program, considering the industrywide aggregate

28  of regulated air emissions.

29         3.  If this program is not considered successful, on

30  July 31 following the date of completion of the evaluation,

31  the terms and conditions of paragraphs (1)-(4) and (6) shall

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 1  expire, and all facilities subject to such provisions shall

 2  become subject to all then-existing department air-permitting

 3  requirements for construction and operation of major air

 4  pollution sources and all generally applicable air

 5  pollution-limiting department rules. Such facilities must

 6  apply for individual Title V permits on or before July 31 of

 7  that year, and all facility emissions limits and unit

 8  emissions limits effective as of July 30 of that year shall

 9  continue to be the effective limits for such units and

10  facilities, with the exception of any emissions limits

11  required under paragraph (10)(c), unless changed through

12  normal department air-pollution preconstruction permit

13  processes.

14         4.  If a facility makes timely application for a Title

15  V permit in accordance with this section, and provides

16  information to make such an application complete in accordance

17  with department rules, that facility is not considered to be

18  operating without a permit during the processing of the Title

19  V permit if the facility continues to provide the department

20  with all Title V compliance reports and monitoring reports

21  required by 40 C.F.R. part 70 during that period.

22         (c)  If the program is not considered successful, the

23  department shall identify each air pollutant, PM10, NOx, SO2

24  and VOC, for which the industrywide emissions increases are

25  greater than would have resulted under the federal new source

26  review program and shall quantify the extent to which such

27  emissions exceed such levels. For each pollutant so

28  identified, the facilities subject to this section shall

29  individually or collectively reduce industrywide emissions of

30  such pollutants to the levels equivalent to those that would

31  have resulted under the federal new source review program.

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    Florida Senate - 2003                           CS for SB 1300
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 1  This may be done by reducing emissions at one or more

 2  emissions units operated within the industry, or by making

 3  reductions of such pollutants elsewhere within the peninsular

 4  portion of this state, as long as such reductions are real,

 5  accurately quantifiable, practically enforceable, and not

 6  required or used for any other air-quality purposes. If

 7  emissions reductions are taken at emissions units operated

 8  within the industry, each applicable facility shall receive

 9  emissions limits at such units in Title V permits in addition

10  to limits that would result under paragraph (10)(b).

11         Section 2.  Any change in the salary of an employee of

12  the Department of Citrus which is at or above $100,000

13  annually must be approved by the full membership of the

14  Florida Citrus Commission at the meeting of the commission in

15  July 2003, or at the first subsequent meeting, and before any

16  subsequent salary adjustment is made.

17         Section 3.  The Department of Citrus shall, at the end

18  of each fiscal year, publish an annual travel report that

19  states, for each staff member of the Department of Citrus and

20  each member of the Florida Citrus Commission who has traveled

21  during that year, the name of the person, the person's

22  position title, the date on which a claim for reimbursement

23  was submitted, the dates of travel, the destinations, the

24  purpose of the travel, and all expenditures that resulted from

25  the travel.

26         Section 4.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1300

 3                                 

 4  Committee Substitute for SB 1300 is different from Senate Bill
    1300 in that it:
 5  
    1.   Revises and conforms statutory deadlines to the US
 6       Environmental Protection Agency approval process and
         schedules;
 7  
    2.   Lowers the limitation on sulfur content in fuel used by
 8       citrus processors;

 9  3.   Authorizes the Department of Environmental Protection to
         develop management practices for Clean Air Act pollutants
10       not otherwise regulated by this program;

11  4.   Provides for evaluation and potential sunset of this
         program;
12  
    5.   Requires any change in the salary of an employee of the
13       Department of Citrus which is at or above $100,000
         annually to be approved by the full membership of the
14       Citrus Commission; and

15  6.   Requires the Department of Citrus to publish an annual
         travel report that provides specific information for each
16       staff member of the department and each member of the
         commission who has traveled during that year.
17  

18  

19  

20  

21  

22  

23  

24  

25  

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27  

28  

29  

30  

31  

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