Senate Bill sb1300c2

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    Florida Senate - 2003                    CS for CS for SB 1300

    By the Committees on Appropriations; Agriculture; and Senator
    Alexander




    309-2333-03

  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; postponing the date by which

11         certain actions must be accomplished; providing

12         specific contents of rules adopted by the

13         department; providing additional emissions

14         limits; providing for the expiration of the

15         program created under this section; providing

16         prerequisites to salary adjustments for certain

17         employees of the Department of Citrus;

18         requiring the Department of Citrus to publish

19         an annual travel report; providing requirements

20         for the contents of that report; repealing s.

21         581.1845, F.S., relating to citrus canker

22         eradication and compensation to homeowners;

23         providing an effective date.

24  

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

26  

27         Section 1.  Subsections (1), (2), (5), (7), and (8) of

28  section 403.08725, Florida Statutes, are amended, and

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

30         403.08725  Citrus juice processing facilities.--

31  

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

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

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

 4  obtaining air pollution construction and operation permits,

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

 6  403.0872. For purposes of this section, "existing juice

 7  processing facility" means any facility that currently has air

 8  pollution construction or operation permits issued by the

 9  department with a fruit processing capacity of 2 million boxes

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

11  means all emissions units at a plant that processes citrus

12  fruit to produce single-strength or frozen concentrated juice

13  and other products and byproducts identified by Major Group

14  Standard Industrial Classification Codes 2033, 2037, and 2048

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

16  operated under common control, along with all emissions units

17  located in the contiguous area and under the same common

18  control which directly support the operation of the citrus

19  juice processing function. For purposes of this section,

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

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

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

23  Environmental Protection. Notwithstanding any other provision

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

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

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

27  2000, and "existing sources" means emissions units constructed

28  or modified before July 1, 2002 2000.

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

30  authorized to construct and operate under this section shall

31  

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 1  operate within the most stringent of the emissions limits set

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

 3         (a)  Any applicable standard promulgated by the United

 4  States Environmental Protection Agency.

 5         (b)  Each facility shall comply with the emissions

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

 7  certified valid preconstruction permits, until October 31,

 8  2002, at which time the requirements of this section shall

 9  supersede the requirements of the permits. Nothing in this

10  paragraph shall preclude the department's authority to

11  evaluate past compliance with all department rules.

12         (c)  After October 31, 2004 2002, for volatile organic

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

14  recovery of oil from citrus fruits processed as determined by

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

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

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

18  percent recovery of oil from citrus fruits processed as

19  determined by the methodology described in subparagraph

20  (4)(a)1.

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

22  provided herein, no facility shall fire fuel oil containing

23  greater than 0.1 0.5 percent sulfur by weight. Those

24  facilities without access to natural gas shall be limited to

25  fuel oil containing no greater than 1 percent sulfur by

26  weight. No source shall fire any fuel other than fuel oil,

27  natural gas, ethanol, propane, d-limonene, or biogas. No

28  source shall fire used oil. In addition, facilities may use

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

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

31  

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    Florida Senate - 2003                    CS for CS for SB 1300
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 1  not limited by this paragraph. The use of d-limonene as a fuel

 2  is not limited by this paragraph.

 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 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, 2004 2002, for nitrogen

27  oxides, the emissions levels, expressed in pounds of nitrogen

28  dioxide per million British thermal units of heat produced,

29  unless otherwise specified, are established for the following

30  types of new and existing sources:

31         1.  Citrus peel dryer:

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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 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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 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. Such

 6  management practices must be developed before the United

 7  States Environmental Protection Agency issues its final

 8  approval of the program under this section. Once such

 9  management practices are developed, each source subject to

10  this section shall comply with such practices. The department

11  shall adopt such practices by rule when practicable.

12         (5)  EMISSIONS FEES.--All facilities authorized to

13  operate under this section shall pay annual emissions fees in

14  the same amount to which the facility would be subject under

15  the department's Title V program. For purposes of determining

16  fees until October 31, 2004 2002, emission fees shall be based

17  on the requirements of s. 403.0872. Commencing July 1, 2004

18  2002, the allowable annual emissions for fee purposes shall be

19  computed as the emissions limits established by this section

20  multiplied by the actual operation rates, heat input, and

21  hours of operation of each new and existing source for the

22  previous calendar year. Actual operation rates, heat input,

23  and hours of operation of each new and existing source shall

24  be documented by making and maintaining records of operation

25  of each source. Fees shall not be based on stack test results.

26  In the event that adequate records of actual operation rates

27  and heat input are not maintained, actual operation shall be

28  assumed to occur at the source's maximum capacity during hours

29  of actual operation, if adequately documented. In the event

30  that adequate records of hours of operation are not

31  maintained, the source shall be assumed to have operated from

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 1  January 1 through May 31 and October 1 through December 31 of

 2  the previous calendar year. All such annual emissions fees

 3  shall be due and payable April 1 for the preceding calendar

 4  year. Failure to pay fees shall result in penalties and

 5  interest in the same manner and to the same extent as failure

 6  to pay fees under the department's Title V program. For

 7  purposes of determining actual emissions for fee purposes, any

 8  allowances traded away shall be deducted and any allowances

 9  acquired shall be included. All fees shall be deposited into

10  the Air Pollution Control Trust Fund.

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

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

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

14  practicable, assure compliance with substantive federal Clean

15  Air Act requirements. The department shall require the

16  registration of facilities and shall provide for such

17  participation by the public and the United States

18  Environmental Protection Agency as is required by Title V of

19  the Clean Air Act.

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

21  department, after consultation with the citrus industry, shall

22  report to the Legislature concerning the implementation of

23  this section, and shall make recommendations for any changes

24  necessary to improve implementation.

25         (10)  ADDITIONAL EMISSIONS LIMITS AND EXPIRATION OF

26  THIS PROGRAM.--

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

28  each citrus processing facility subject to this section shall

29  provide the total facility fruit throughput, in standard box

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

31  the Florida Citrus Processors Association. The facility's

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 1  responsible official must certify such information as true,

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

 3  Florida Citrus Processors Association shall provide to the

 4  department the aggregate fruit throughput for all facilities

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

 6  assuring compliance with this section, the Florida Citrus

 7  Processors Association shall provide the department with

 8  throughput information for individual facilities upon request

 9  of the department.

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

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

12  throughput exceeds 350 million boxes, the terms and conditions

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

14  subject to those provisions shall become subject to all

15  then-existing department air-permitting requirements for the

16  construction and operation of major air-pollution sources and

17  all generally applicable air-pollution-limiting department

18  rules. Such facilities shall apply for individual Title V

19  permits on or before July 31 of that year, and all facility

20  emissions limits and unit emissions limits effective as of

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

22  for such units and facilities unless changed through normal

23  department air-pollution preconstruction permit processes.

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

25  throughput of the most recent production year (June 1 through

26  May 31) unless the throughput level is changed through normal

27  department air-pollution preconstruction permit processes. Any

28  throughput increase above such a throughput level is

29  considered to be a relaxation of a restriction on

30  pollutant-emitting capacity and is subject to Rule

31  62-212.400(2)(g), Florida Administrative Code.

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

 2  V permit in accordance with this section and provides

 3  information to make the application complete in accordance

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

 5  operating without a permit during the processing of the Title

 6  V permit if the facility continues to provide the department

 7  with all Title V compliance reports and monitoring reports

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

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

10  full implementation of this regulatory program, evaluate the

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

12  address the consolidation of the industry to date and the

13  related changes of emissions units and emissions and modeling

14  of the impacts of such emissions changes, and must be reported

15  to the United States Environmental Protection Agency's Region

16  4 office, with a copy to the Florida Citrus Processors

17  Association and the federal Class I area land management

18  agencies. The department, in consultation with the United

19  States Environmental Protection Agency, shall determine the

20  success of the program by a comparison of industrywide

21  aggregate air emissions increases and reductions resulting

22  from regulation under this program versus emissions increases

23  and reductions that would have resulted from regulation under

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

25  evaluation period. During the evaluation period, the

26  department shall track new sources added to citrus facilities

27  and estimate the emissions limitations that would have

28  resulted from the federal new source review regulations in

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

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

31  regulations that the United States Environmental Protection

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 1  Agency has published in the Federal Register as a final

 2  regulation.

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

 4  comparison of emissions increases and decreases shows that

 5  this program results in an overall emissions benefit that is

 6  consistent with the intention of the program and is protective

 7  of air quality, this regulatory program shall be considered

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

 9  increases and decreases for this program are:

10         a.  This program is intended to significantly reduce

11  allowable and actual emissions of volatile organic compounds

12  and sulfur dioxide.

13         b.  This program is intended to reduce allowable

14  emissions of particulate matter.

15         c.  This program is not intended to reduce actual

16  emissions of carbon monoxide or nitrogen oxides.

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

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

19  that would have resulted from regulation under the federal new

20  source review program, considering the industrywide aggregate

21  of regulated air emissions.

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

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

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

25  expire, and all facilities subject to such provisions shall

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

27  requirements for construction and operation of major air

28  pollution sources and all generally applicable air

29  pollution-limiting department rules. Such facilities must

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

31  that year, and all facility emissions limits and unit

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

 2  continue to be the effective limits for such units and

 3  facilities, with the exception of any emissions limits

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

 5  normal department air-pollution preconstruction permit

 6  processes.

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

 8  V permit in accordance with this section, and provides

 9  information to make such an application complete in accordance

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

11  operating without a permit during the processing of the Title

12  V permit if the facility continues to provide the department

13  with all Title V compliance reports and monitoring reports

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

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

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

17  and VOC, for which the industrywide emissions increases are

18  greater than would have resulted under the federal new source

19  review program and shall quantify the extent to which such

20  emissions exceed such levels. For each pollutant so

21  identified, the facilities subject to this section shall

22  individually reduce emissions of such pollutants to the levels

23  equivalent to those that would have resulted under the federal

24  new source review program. This may be done by reducing

25  emissions at one or more emissions units operated within the

26  industry, or by making reductions of such pollutants elsewhere

27  within the peninsular portion of this state, as long as such

28  reductions are real, accurately quantifiable, practically

29  enforceable, and not required or used for any other

30  air-quality purposes. If emissions reductions are taken at

31  emissions units operated within the industry, each applicable

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 1  facility shall receive emissions limits at such units in Title

 2  V permits in addition to limits that would result under

 3  paragraph (10)(b).

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

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

 6  annually must be approved by the full membership of the

 7  Florida Citrus Commission at the meeting of the commission in

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

 9  subsequent salary adjustment is made.

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

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

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

13  each member of the Florida Citrus Commission who has traveled

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

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

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

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

18  the travel.

19         Section 4.  Section 581.1845, Florida Statutes, is

20  repealed.

21         Section 5.  This act shall take effect upon becoming a

22  law.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                          CS for SB 1300

26                                 

27  The Committee Substitute revises and conforms statutory
    deadlines to the United States Environmental Protection Agency
28  approval process and schedules;

29  Repeals section 581.1845, Florida Statutes, to eliminate the
    Citrus Canker Compensation Program.
30  

31  

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