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House Bill 1647

Florida House of Representatives - 1997 HB 1647 By Representative Gay 1 A bill to be entitled 2 An act relating to air pollution; amending s. 3 403.0872, F.S., relating to operation permits 4 for major sources of air pollution; providing 5 that the Department of Environmental Protection 6 permit is the only air-operation permit 7 required for such source; authorizing continued 8 operation of a permitted source until 9 conclusion of certain application proceedings 10 or the effective date of the new permit, 11 whichever is later; providing timeframe for 12 issuance of revised draft permits containing 13 significant change resulting from public 14 comments; requiring provision of revised permit 15 to the applicant; providing timeframe for 16 provision of proposed permits and certain 17 comments to the United States Environmental 18 Protection Agency; providing timeframe for 19 issuance of permits containing changes 20 resulting from an administrative hearing; 21 providing that compliance with department's 22 air-operation permit constitutes compliance 23 with applicable federal, state, and local 24 requirements; authorizing inclusion of local 25 air pollution control ordinances, regulations, 26 or rules adopted before the effective date of 27 the act, as applicable permit requirements; 28 providing conditions for inclusion of such 29 local ordinances, regulations, or rules adopted 30 on or after that date; providing that permit 31 requirements based on local ordinances, 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 regulations, or rules are not enforceable by 2 the department, notwithstanding certain 3 agreements; providing a time-limited exception 4 for air construction permits; requiring the 5 department to specify permit terms or 6 conditions that are not federally enforceable 7 under the Clean Air Act; requiring the 8 department to revise air-operation permits for 9 consistency by a specified date; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 403.0872, Florida Statutes, 1996 15 Supplement, is amended to read: 16 403.0872 Operation permits for major sources of air 17 pollution; annual operation license fee.--Provided that 18 program approval pursuant to 42 U.S.C. s. 7661a has been 19 received from the United States Environmental Protection 20 Agency, beginning January 2, 1995, each major source of air 21 pollution, including electrical power plants certified under 22 s. 403.511, must obtain from the department an operation 23 permit for a major source of air pollution under this section, 24 which is the only air department operation permit for a major 25 source of air pollution required for such source. Operation 26 permits for major sources of air pollution, except general 27 permits issued pursuant to s. 403.814, must be issued in 28 accordance with the following procedures and in accordance 29 with chapter 120; however, to the extent that chapter 120 is 30 inconsistent with the provisions of this section, the 31 procedures contained in this section prevail: 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 (1) For purposes of this section, a major source of 2 air pollution means a stationary source of air pollution, or 3 any group of stationary sources within a contiguous area and 4 under common control, which emits any regulated air pollutant 5 and which is any of the following: 6 (a) A major source within the meaning of 42 U.S.C. s. 7 7412(a)(1); 8 (b) A major stationary source or major emitting 9 facility within the meaning of 42 U.S.C. s. 7602(j) or 42 10 U.S.C. subchapter I, part C or part D; 11 (c) An affected source within the meaning of 42 U.S.C. 12 s. 7651a(1); 13 (d) An air pollution source subject to standards or 14 regulations under 42 U.S.C. s. 7411 or s. 7412; provided that 15 a source is not a major source solely because of its 16 regulation under 42 U.S.C. s. 7412(r); or 17 (e) A stationary air pollution source belonging to a 18 category designated as a 40 C.F.R. part 70 source by 19 regulations adopted by the administrator of the United States 20 Environmental Protection Agency under 42 U.S.C. ss. 7661 et 21 seq. The department shall exempt those facilities that are 22 subject to this section solely because they are subject to 23 requirements under 42 U.S.C. s. 7411 or solely because they 24 are subject to reporting requirements under 42 U.S.C. s. 7412 25 for as long as the exemption is available under federal law. 26 (2) An application for an operation permit for a major 27 source of air pollution must be submitted in accordance with 28 rules of the department governing permit applications. The 29 department shall adopt rules defining the timing, content, and 30 distribution of an application for a permit under this 31 section. A permit application processing fee is not required. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 The department may issue an operation permit for a major 2 source of air pollution only when it has reasonable assurance 3 that the source applies pollution control technology, 4 including fuel or raw material selection, necessary to enable 5 it to comply with the standards or rules adopted by the 6 department or an approved compliance plan for that source. If 7 two or more major air pollution sources that belong to the 8 same Major Group as described in the Standard Industrial 9 Classification Manual, 1987, are operated at a single site, 10 the owner may elect to receive a single operation permit 11 covering all such sources at the site. 12 (a) An application for a permit under this section is 13 timely and complete if it is submitted in accordance with 14 department rules governing the timing of applications and 15 substantially addresses the information specified in 16 completeness criteria determined by department rule in 17 accordance with applicable regulations of the United States 18 Environmental Protection Agency governing the contents of 19 applications for permits under 42 U.S.C. s. 7661b(d). Unless 20 the department requests additional information or otherwise 21 notifies the applicant of incompleteness within 60 days after 22 receipt of an application, the application is complete. 23 (b) Any permitted air pollution source that submits a 24 timely and complete application for a permit under this 25 section is entitled to operate in compliance with its existing 26 air permit until pending the conclusion of proceedings 27 associated with its application or the permit becomes 28 effective, whichever is later. Notwithstanding the timing 29 requirements of paragraph (c) and subsection (3), the 30 department may process applications received during the first 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 year of permit processing under this section, in a manner 2 consistent with 42 U.S.C. s. 7661b(c). 3 (c) The department may request additional information 4 necessary to process a permit application subsequent to a 5 determination of completeness in accordance with s. 6 403.0876(1). 7 (3) Within 90 days after the date on which the 8 department receives all information necessary to process an 9 application for a permit under this section, the department 10 shall issue a draft permit or a determination that the 11 requested permit should be denied. A draft permit must contain 12 all conditions that the department finds necessary to ensure 13 that operation of the source will be in compliance with 14 applicable law, rules, or compliance plans. If the department 15 proposes to deny the permit application, the department's 16 determination must provide an explanation for the denial. The 17 department shall furnish a copy of each draft permit to the 18 United States Environmental Protection Agency and to any 19 contiguous state whose air quality could be affected or which 20 is within 50 miles of the source pursuant to procedures 21 established by department rule. 22 (4) The department shall require the applicant to 23 publish notice of any draft permit in accordance with 24 department rule. The department must accept public comment 25 with respect to a draft permit for 30 days following the date 26 of notice publication. The notice must be published in a 27 newspaper of general circulation as defined in s. 403.5115(2). 28 If comments received during this comment period result in a 29 significant change in the draft permit, the department must 30 issue a revised draft permit within 45 days, which shall be 31 supplied to the applicant, to the United States Environmental 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 Protection Agency, and to any contiguous state whose air 2 quality could be affected or which is within 50 miles of the 3 source. 4 (5) Any person whose substantial interests are 5 affected by a draft permit or the denial determination may 6 request an administrative hearing under ss. 120.569 and 7 120.57, in accordance with the rules of the department. A 8 draft permit must notify the permit applicant of any review 9 process applicable to the permit decision of the department. 10 The department shall prescribe, by rule, a suitable standard 11 format for such notification. 12 (6) If a hearing is not requested under ss. 120.569 13 and 120.57, the draft permit will become the department's 14 proposed permit but does not become final until the time for 15 federal review of the proposed permit has elapsed. The 16 department shall furnish the United States Environmental 17 Protection Agency a copy of each proposed permit and its 18 written response to any comments regarding the permit 19 submitted by contiguous states within 30 days following the 20 conclusion of the comment period on the last draft permit. If 21 no objection to the proposed permit is made by the United 22 States Environmental Protection Agency within the time 23 established by 42 U.S.C. s. 7661d, the proposed permit must 24 become final no later than 55 days after the date on which the 25 proposed permit was mailed to the United States Environmental 26 Protection Agency. The department shall issue a conformed copy 27 of the final permit as soon as is practicable thereafter. 28 (7) If a draft permit is the subject of an 29 administrative hearing under ss. 120.569 and 120.57, a 30 proposed permit containing changes, if any, resulting from the 31 hearing process, after the conclusion of the hearing, must be 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 issued and a copy must be provided to the applicant, to the 2 United States Environmental Protection Agency, and to any 3 contiguous state whose air quality could be affected or which 4 is within 50 miles of the source, as soon as practicable, but 5 no later than 30 days after the date the final order is 6 required to be filed pursuant to s. 120.57(1)(k). The proposed 7 permit shall not become final until the time for review, by 8 the United States Environmental Protection Agency, of the 9 proposed permit has elapsed. If comments from a contiguous 10 state regarding the permit are received, the department must 11 provide a written response to the applicant, to the state, and 12 to the United States Environmental Protection Agency. If no 13 objection to the proposed permit is made by the United States 14 Environmental Protection Agency within the time established by 15 42 U.S.C. s. 7661d, the proposed permit must become final no 16 later than 55 days after the date on which the proposed permit 17 was mailed to the United States Environmental Protection 18 Agency. The department shall issue a conformed copy of the 19 final permit as soon as is practicable thereafter. 20 (8) If the administrator of the United States 21 Environmental Protection Agency timely objects to a proposed 22 permit under this section, the department must not issue a 23 final permit until the objection is resolved or withdrawn. A 24 copy of the written objection of the administrator must be 25 provided to the permit applicant as soon as practicable after 26 the department receives it. Within 45 days after the date on 27 which the department serves the applicant with a copy of an 28 objection by the United States Environmental Protection Agency 29 to a proposed permit, the applicant may file a written reply 30 to the objection. The written reply must include any 31 supporting materials that the applicant desires to include in 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 the record relevant to the issues raised by the objection. The 2 written reply must be considered by the department in issuing 3 a final permit to resolve the objection of the administrator. 4 A final permit issued by the department to resolve an 5 objection of the administrator is not subject to ss. 120.569 6 and 120.57. 7 (9) A final permit issued under this section is 8 subject to judicial review under s. 120.68. If judicial review 9 of a final permit results in material changes to the 10 conditions of the permit, the department shall notify the 11 United States Environmental Protection Agency and any state 12 that is contiguous to this state whose air quality could be 13 affected or that is within 50 miles of the source, pursuant to 14 rules of the department. 15 (10) If the department is notified by the 16 administrator of the United States Environmental Protection 17 Agency that cause exists to terminate, modify, or revoke and 18 reissue a permit under this section, the department shall, 19 within 90 days after receipt of such notification, furnish to 20 the administrator and the permittee a proposed determination 21 of termination, modification, or revocation and reissuance as 22 appropriate. Within 45 days after the date on which the 23 department notifies the permittee that the United States 24 Environmental Protection Agency proposes action regarding its 25 permit, the permittee may file a written response concerning 26 the proposed action. The written response must include any 27 supporting materials that the permittee desires to include in 28 the record relevant to the issues raised by the proposed 29 action. The permittee's written response must be considered by 30 the department in formulating its proposed determination under 31 this subsection. 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 (11) Commencing in 1993, each major source of air 2 pollution permitted to operate in this state must pay between 3 January 15 and March 1 of each year, upon written notice from 4 the department, an annual operation license fee in an amount 5 determined by department rule. The annual operation license 6 fee shall be terminated immediately in the event the United 7 States Environmental Protection Agency imposes annual fees 8 solely to implement and administer the major source 9 air-operation permit program in Florida under 40 C.F.R. s. 10 70.10(d). 11 (a) The annual fee must be assessed based upon the 12 source's previous year's emissions and must be calculated by 13 multiplying the applicable annual operation license fee factor 14 times the tons of each regulated air pollutant (except carbon 15 monoxide) allowed to be emitted per hour by specific condition 16 of the source's most recent construction or operation permit, 17 times the annual hours of operation allowed by permit 18 condition; provided, however, that: 19 1. For 1993 and 1994, the license fee factor is $10. 20 For 1995, the license fee factor is $25. In succeeding years, 21 the license fee factor is $25 or another amount determined by 22 department rule which ensures that the revenue provided by 23 each year's operation license fees is sufficient to cover all 24 reasonable direct and indirect costs of the major stationary 25 source air-operation permit program established by this 26 section. The license fee factor may be increased beyond $25 27 only if the secretary of the department affirmatively finds 28 that a shortage of revenue for support of the major stationary 29 source air-operation permit program will occur in the absence 30 of a fee factor adjustment. The annual license fee factor may 31 never exceed $35. The department shall retain a nationally 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 recognized accounting firm to conduct a study to determine the 2 reasonable revenue requirements necessary to support the 3 development and administration of the major source 4 air-operation permit program as prescribed in paragraph (b). 5 The results of that determination must be considered in 6 assessing whether a $25-per-ton fee factor is sufficient to 7 adequately fund the major source air-operation permit program. 8 The results of the study must be presented to the Governor, 9 the President of the Senate, the Speaker of the House of 10 Representatives, and the Public Service Commission, including 11 the Public Counsel's Office, by no later than October 31, 12 1994. 13 2. For any source that operates for fewer hours during 14 the calendar year than allowed under its permit, the annual 15 fee calculation must be based upon actual hours of operation 16 rather than allowable hours if the owner or operator of the 17 source documents the source's actual hours of operation for 18 the calendar year. For any source that has an emissions limit 19 that is dependent upon the type of fuel burned, the annual fee 20 calculation must be based on the emissions limit applicable 21 during actual hours of operation. 22 3. For any source whose allowable emission limitation 23 is specified by permit per units of material input or heat 24 input or product output, the applicable input or production 25 amount may be used to calculate the allowable emissions if the 26 owner or operator of the source documents the actual input or 27 production amount. If the input or production amount is not 28 documented, the maximum allowable input or production amount 29 specified in the permit must be used to calculate the 30 allowable emissions. 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 4. For any new source that does not receive its first 2 operation permit until after the beginning of a calendar year, 3 the annual fee for the year must be reduced pro rata to 4 reflect the period during which the source was not allowed to 5 operate. 6 5. For any source that emits less of any regulated air 7 pollutant than allowed by permit condition, the annual fee 8 calculation for such pollutant must be based upon actual 9 emissions rather than allowable emissions if the owner or 10 operator documents the source's actual emissions by means of 11 data from a department-approved certified continuous emissions 12 monitor or from an emissions monitoring method which has been 13 approved by the United States Environmental Protection Agency 14 under the regulations implementing 42 U.S.C. ss. 7651 et seq., 15 or from a method approved by the department for purposes of 16 this section. 17 6. The amount of each regulated air pollutant in 18 excess of 4,000 tons per year allowed to be emitted by any 19 source, or group of sources belonging to the same Major Group 20 as described in the Standard Industrial Classification Manual, 21 1987, may not be included in the calculation of the fee. Any 22 source, or group of sources, which does not emit any regulated 23 air pollutant in excess of 4,000 tons per year, is allowed a 24 one-time credit not to exceed 25 percent of the first annual 25 licensing fee for the prorated portion of existing 26 air-operation permit application fees remaining upon 27 commencement of the annual licensing fees. 28 7. If the department has not received the fee by 29 February 15 of the calendar year, the permittee must be sent a 30 written warning of the consequences for failing to pay the fee 31 by March 1. If the department has not received the fee by 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 March 1 of the calendar year, the department shall impose, in 2 addition to the fee, a penalty of 50 percent of the amount of 3 the fee, plus interest on such amount computed in accordance 4 with s. 220.807. The department may not impose such penalty 5 or interest on any amount underpaid, provided that the 6 permittee has timely remitted payment of at least 90 percent 7 of the amount determined to be due and remits full payment 8 within 60 days after receipt of notice of the amount 9 underpaid. The department may waive the collection of 10 underpayment and shall not be required to refund overpayment 11 of the fee, if the amount due is less than 1 percent of the 12 fee, up to $50. The department may revoke any major air 13 pollution source operation permit if it finds that the 14 permitholder has failed to timely pay any required annual 15 operation license fee, penalty, or interest. 16 8. During the years 1993 through 1999, inclusive, no 17 fee shall be required to be paid under this section with 18 respect to emissions from any unit which is an affected unit 19 under 42 U.S.C. s. 7651c. 20 9. Notwithstanding the computational provisions of 21 this subsection, the annual operation license fee for any 22 source subject to this section shall not be less than $250, 23 except that the annual operation license fee for sources 24 permitted solely through general permits issued under s. 25 403.814 shall not exceed $50 per year. 26 10. Notwithstanding the provisions of s. 27 403.087(5)(a)4.a., authorizing air pollution construction 28 permit fees, the department may not require such fees for 29 changes or additions to a major source of air pollution 30 permitted pursuant to this section, unless the activity 31 triggers permitting requirements under Title I, Part C or Part 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a. 2 Costs to issue and administer such permits shall be considered 3 direct and indirect costs of the major stationary source 4 air-operation permit program under s. 403.0873. The department 5 shall, however, require fees pursuant to the provisions of s. 6 403.087(5)(a)4.a. for the construction of a new major source 7 of air pollution that will be subject to the permitting 8 requirements of this section once constructed and for 9 activities triggering permitting requirements under Title I, 10 Part C or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 11 7470-7514a. 12 (b) Annual operation license fees collected by the 13 department must be sufficient to cover all reasonable direct 14 and indirect costs required to develop and administer the 15 major stationary source air-operation permit program, which 16 shall consist of the following elements to the extent that 17 they are reasonably related to the regulation of major 18 stationary air pollution sources, in accordance with United 19 States Environmental Protection Agency regulations and 20 guidelines: 21 1. Reviewing and acting upon any application for such 22 a permit. 23 2. Implementing and enforcing the terms and conditions 24 of any such permit, excluding court costs or other costs 25 associated with any enforcement action. 26 3. Emissions and ambient monitoring. 27 4. Preparing generally applicable regulations or 28 guidance. 29 5. Modeling, analyses, and demonstrations. 30 6. Preparing inventories and tracking emissions. 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 7. Implementing the Small Business Stationary Source 2 Technical and Environmental Compliance Assistance Program. 3 8. The study conducted under subparagraph (a)1. and 4 any audits conducted under paragraph (c). 5 (c) An audit of the major stationary source 6 air-operation permit program must be conducted 2 years after 7 the United States Environmental Protection Agency has given 8 full approval of the program, or by the end of 1996, whichever 9 comes later, to ascertain whether the annual operation license 10 fees collected by the department are used solely to support 11 any reasonable direct and indirect costs as listed in 12 paragraph (b). A program audit must be performed biennially 13 after the first audit. 14 (12) Permits issued under this section must allow 15 changes within a permitted facility without requiring a permit 16 revision, if the changes are not physical changes in, or 17 changes in the method of operation of, the facility which 18 increase the amount of any air pollutant emitted by the 19 facility or which result in the emission of any air pollutant 20 not previously emitted by the facility, and the changes do not 21 exceed the emissions allowable under the permit (whether 22 expressed therein as a rate of emissions or in terms of total 23 emissions), provided that the facility provides the 24 administrator and the department with 30 days' written, 25 advance notice of the proposed changes. The department shall 26 adopt rules implementing this flexibility requirement. 27 (13)(a) In order to ensure statewide consistency in 28 the implementation of the national Acid Deposition Control 29 Allowance Transfer System, a department district office or 30 local pollution control program may not issue or administer 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 permits under this section for any electrical power plant or 2 any source that participates in the allowance transfer system. 3 (b) For emission units that are subject to continuous 4 monitoring requirements under 42 U.S.C. ss. 7661-7661f or 40 5 C.F.R. part 75, compliance with nitrogen oxides emission 6 limits shall be demonstrated based on a 30-day rolling 7 average, except as specifically provided by 40 C.F.R. part 60 8 or part 76. 9 (14) In order to ensure statewide consistency in the 10 permitting of major sources, a local pollution control program 11 may not issue permits under this section for sources that 12 belong to Major Group 26, Paper and Allied Products; for 13 sources that belong to Major Group 28, Chemicals and Allied 14 Products; or for sources that belong to Industry Number 2061, 15 Cane Sugar, Except Refining, as defined in the Standard 16 Industrial Classification Manual, 1987. 17 (15) Any permittee that operates in compliance with an 18 air-operation permit issued under this section is deemed to be 19 in compliance with applicable permit requirements of the Clean 20 Air Act, and all implementing state, local, and federal air 21 pollution control rules and regulations, and all provisions of 22 this part chapter, relating to air pollution, and rules 23 adopted thereunder, and all local air pollution control 24 ordinances, regulations, and rules. 25 (16) The department shall adopt a rule to provide for 26 a procedure for notice to the appropriate approved local 27 pollution control programs, pursuant to s. 403.182, of any 28 draft permits, amended draft permits, or final permits issued 29 by the department. 30 (17) The administrator of the United States 31 Environmental Protection Agency may intervene as a matter of 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 right in any administrative or judicial proceeding relating to 2 an operation permit for a major source of air pollution 3 required under this section. 4 (18) The department shall require certification of all 5 applications, submittals, and reports by a responsible 6 official of a major source of air pollution and shall require 7 the inclusion of those specific federal requirements listed at 8 42 U.S.C. s. 7661a(f)(1), (2), and (3) in all permits to which 9 such terms apply. 10 (19) Local air pollution control ordinances, 11 regulations, or rules that have been adopted prior to July 1, 12 1997, may be included as applicable requirements in a major 13 source air operation permit. A local air pollution control 14 ordinance, regulation, or rule that is adopted on or after 15 July 1, 1997, may be included as a condition in a major source 16 air operation permit only if the local government: 17 (a) Publishes notice in a newspaper of general 18 circulation and provides actual notice to all Title V sources 19 within its jurisdiction of its intent to adopt the ordinance, 20 regulation, or rule at least 30 days prior to adoption; 21 (b) Considers all comments submitted within 30 days 22 after notice is received; and 23 (c) Holds a public hearing prior to adoption of the 24 ordinance, regulation, or rule, if requested. 25 26 Notwithstanding the provisions of s. 403.182 or agreement by 27 the department, major source air operation permit conditions 28 based on local ordinances, regulations, or rules shall not be 29 enforceable by the department and shall be designated in the 30 permit as being enforceable only by the local government with 31 jurisdiction. Title V permit conditions that simply 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 incorporate conditions from a federally enforceable 2 construction permit issued prior to July 1, 1997, shall 3 continue to be enforceable by the department, even if 4 originally based on local ordinances, regulations, or rules. 5 After July 1, 1997, air construction permits shall not include 6 conditions based on local ordinances, regulations, or rules. 7 (20) Consistent with the provisions of 40 C.F.R. s. 8 70.6(b)(2), the department shall specifically designate as not 9 being federally enforceable under the Clean Air Act any terms 10 or conditions included in major source air operation permits 11 that are not required under the Clean Air Act or under any of 12 the Clean Air Act's applicable requirements, unless otherwise 13 requested by a permit applicant. 14 (21) All major source air operation permits shall be 15 consistent with this section. By no later than April 1, 1998, 16 the department shall revise any previously issued major source 17 air operation permits to be consistent with this section. 18 Section 2. This act shall take effect July 1, 1997. 19 20 21 22 23 24 25 26 27 28 29 30 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1647 540-165-97 1 ***************************************** 2 HOUSE SUMMARY 3 Revises provisions relating to Department of 4 Environmental Protection operation permits for major sources of air pollution, to provide that such permit is 5 the only air-operation permit required by such source, that compliance with such permit constitutes compliance 6 with applicable federal, state, and local requirements, and that, notwithstanding certain department agreements, 7 permit requirements based on local ordinances, regulations, or rules, except for certain air 8 construction permits, are not enforceable by the department. 9 10 Authorizes continued operation of a permitted source until conclusion of certain application proceedings or 11 the effective date of the new permit, whichever is later. Provides timeframes for the department's issuance of 12 revised draft permits containing significant changes resulting from public comments, for provision of proposed 13 permits and certain comments to the United States Department of Environmental Protection, and for issuance 14 of permits containing changes resulting from administrative hearings. 15 16 Authorizes the department to include local air pollution control ordinances, regulations, or rules adopted before 17 July 1, 1997, as applicable permit requirements. Specifies notice, comment, and public hearing conditions 18 for inclusion of such requirements on or after that date. Requires the department to specify permit terms or 19 conditions that are not federally enforceable under the Clean Air Act. Requires the department to revise 20 air-operation permits for consistency with the act by April 1, 1998. 21 22 23 24 25 26 27 28 29 30 31 18