CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Alexander offered the following:

12

13         Amendment (with title amendment) 

14         On page 24, line 18, through page 55, line 8, of the

15  bill

16  remove from the bill:  all of said lines

17

18  and insert in lieu thereof :

19         Section 10.  Section 403.08725, Florida Statutes, is

20  created to read:

21         403.08725  Citrus juice processing facilities.--

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

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

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

25  obtaining air pollution construction and operation permits,

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

27  403.0872. For purposes of this section, "existing juice

28  processing facility" means any facility that currently has air

29  pollution construction or operation permits issued by the

30  department with a fruit processing capacity of 2 million boxes

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

                                  1

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  means all emissions units at a plant that processes citrus

 2  fruit to produce single-strength or frozen concentrated juice

 3  and other products and byproducts identified by Major Group

 4  Standard Industrial Classification Codes 2033, 2037, and 2048

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

 6  operated under common control, along with all emissions units

 7  located in the contiguous area and under the same common

 8  control which directly support the operation of the citrus

 9  juice processing function. For purposes of this section,

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

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

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

13  Environmental Protection. Notwithstanding any other provision

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

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

16  constructed or added to a facility on or after July 1, 2000,

17  and "existing sources" means emissions units constructed or

18  modified before July 1, 2000.

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

20  authorized to construct and operate under this section shall

21  operate within the most stringent of the emissions limits set

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

23         (a)  Any applicable standard promulgated by the United

24  States Environmental Protection Agency.

25         (b)  Each facility shall comply with the emissions

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

27  certified valid preconstruction permits, until October 31,

28  2002, at which time the requirements of this section shall

29  supersede the requirements of the permits. Nothing in this

30  paragraph shall preclude the department's authority to

31  evaluate past compliance with all department rules.

                                  2

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





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

 2  compounds, the level of emissions achievable by a 50-percent

 3  recovery of oil from citrus fruits processed as determined by

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

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

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

 7  percent recovery of oil from citrus fruits processed as

 8  determined by the methodology described in subparagraph

 9  (4)(a)1.

10         (d)  After October 31, 2002, except as otherwise

11  provided herein, no facility shall fire fuel oil containing

12  greater than 0.5 percent sulfur by weight. Those facilities

13  without access to natural gas shall be limited to fuel oil

14  containing no greater than 1 percent sulfur by weight.  In

15  addition, facilities may use fuel oil with no greater than 1.5

16  percent sulfur by weight for up to 400 hours per calendar

17  year. The use of natural gas is not limited by this paragraph.

18  The use of d-limonene as a fuel is not limited by this

19  paragraph.

20         (e)  After October 31, 2002, for particulate matter of

21  10 microns or less, the emissions levels, expressed in pounds

22  per million British thermal units of heat input, unless

23  otherwise specified, are established for the following types

24  of new and existing sources:

25         1.  Citrus peel dryer, regardless of production

26  capacity:  15 pounds per hour.

27         2.  Pellet cooler or cooling reel, regardless of

28  production capacity:  5 pounds per hour.

29         3.  Process steam boiler:

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

31  biogas, or d-limonene:  not limited.

                                  3

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         b.  New sources fired with fuel oil:  0.10 pounds per

 2  million British thermal units.

 3

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

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

 6  process steam boiler shall fire used oil.

 7         4.  Combustion turbine:

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

 9         b.  New sources fired with natural gas, propane, or

10  biogas:  not limited.

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

12  million British thermal units.

13

14  No combustion turbine shall fire any fuel other than natural

15  gas, propane, biogas, or fuel oil.  No combustion turbine

16  shall fire used oil.

17         5.  Duct burner:

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

19  propane, or biogas:  not limited.

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

21  pounds per million British thermal units.

22

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

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

25  oil.

26         6.  Glass plant furnace: existing sources with a

27  maximum non-cullet material process input rate of 18 tons per

28  hour; hourly emissions limited as determined by the following

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

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

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

                                  4

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





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

 2  fire used oil.

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

 4         8.  Emergency generator:  not limited.

 5         9.  Volatile organic compounds emission control

 6  incinerator:  not limited.

 7         (f)  After October 31, 2002, for nitrogen oxides, the

 8  emissions levels, expressed in pounds of nitrogen dioxide per

 9  million British thermal units of heat produced, unless

10  otherwise specified, are established for the following types

11  of new and existing sources:

12         1.  Citrus peel dryer:

13         a.  Sources that fire natural gas, propane, ethanol,

14  biogas, or d-limonene:  not limited.

15         b.  Sources that fire fuel oil:  0.34 pounds per

16  million British thermal units.

17         2.  Process steam boiler:

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

19  million British thermal units per hour or less and existing

20  sources regardless of heat input capacity: not limited.

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

22  67 million British thermal units per hour:  0.10 pounds per

23  million British thermal units.

24         3.  Combustion turbine:

25         a.  Existing sources regardless of fuel:

26         (I)  Existing combustion turbine of approximately 425

27  million British thermal units per hour heat input capacity:

28  42 parts per million volume dry at 15 percent oxygen.

29         (II)  Existing combustion turbines of approximately 50

30  million British thermal units per hour heat input capacity

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

                                  5

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  volume dry at 15 percent oxygen.

 2         (III)  Existing combustion turbine of approximately 50

 3  million British thermal units per hour heat input capacity,

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

 5  at 15 percent oxygen.

 6         b.  New sources with less than 50 megawatts of

 7  mechanically generated electrical capacity, regardless of

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

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

10  megawatts of mechanically generated electrical capacity,

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

12  percent oxygen.

13         4.  Duct burner:

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

15  or biogas:  not limited.

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

17  million British thermal units.

18         5.  Glass plant furnace:

19         a.  Existing sources regardless of production capacity:

20  not limited.

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

22  regardless of production capacity:  5.5 pounds per ton of

23  glass produced.

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

25         7.  Emergency generator:  not limited.

26         8.  Volatile organic compound emission control

27  incinerator:  not limited.

28         (g)  After October 31, 2002, for visible emissions, the

29  levels of visible emissions at all times during operation,

30  expressed as a percent of opacity, are established for the

31  following types of emission sources:

                                  6

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         1.  Citrus peel dryer:  20 percent.

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

 3         3.  Process steam boiler:  20 percent.

 4         4.  Combustion turbine:  10 percent.

 5         5.  Duct burner:  limited to the visible emissions

 6  limit of the associated combustion turbine.

 7         6.  Glass plant furnace:  20 percent.

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

 9         8.  Emergency generator:  20 percent.

10         9.  Lime storage silo:  10 percent.

11         10.  Volatile organic compounds emission control

12  incinerator:  5 percent.

13         (3)  EMISSIONS DETERMINATION AND REPORTING.--

14         (a)  All information submitted to the department by

15  facilities authorized to operate under this section shall be

16  certified as true, accurate, and complete by a responsible

17  official of the facility.  For purposes of this section,

18  "responsible official" means that person who would be allowed

19  to certify information and take action under the department's

20  Title V permitting rules.

21         (b)  All emissions for which the facility is limited by

22  any standard promulgated by the United States Environmental

23  Protection Agency must be determined and reported by a

24  responsible official of the facility in accordance with the

25  promulgated requirement. Reports required by this section

26  shall be certified and submitted to the department.

27         (c)  All emissions units subject to any enhanced

28  monitoring requirement under any regulation promulgated by the

29  United States Environmental Protection Agency must comply with

30  such requirement.

31         (d)  All emissions for which the facility is limited by

                                  7

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  paragraphs (2)(b)-(f) shall be determined on a calendar-year

 2  basis and reported to the department by a responsible official

 3  of the facility no later than April 1 of the following year.

 4  Emissions shall be determined for each emissions unit by means

 5  of recordkeeping, test methods, units, averaging periods, or

 6  other statistical conventions which yield reliable data; are

 7  consistent with the emissions limit being measured; are

 8  representative of the unit's actual performance; and are

 9  sufficient to show the actual emissions of the unit.

10         (e)  Each facility authorized to operate under this

11  section shall submit annual operating reports in accordance

12  with department rules.

13         (f)  Each facility shall have a responsible official

14  provide and certify the annual and semiannual statements of

15  compliance required under the department's Title V permitting

16  rules.

17         (g)  Each facility shall have a responsible official

18  provide the department with sufficient information to

19  determine compliance with all provisions of this section and

20  all applicable department rules, upon request of the

21  department.

22         (h)  Records sufficient to demonstrate compliance with

23  all provisions of this section and all applicable department

24  rules shall be made available and maintained at the facility

25  for a period of 5 years, for inspection by the department

26  during normal business hours.

27         (i)  Emission sources subject to limitations for

28  particulate matter, nitrogen oxides, and visible emissions

29  pursuant to paragraphs (2)(e)-(g) shall test emissions

30  annually, except as provided in subparagraphs 1.-4., in

31  accordance with department rules using United States

                                  8

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  Environmental Protection Agency test methods or other test

 2  methods specified by department rule.

 3         1.  Tests for particulate matter of 10 microns or less

 4  may be conducted using United States Environmental Protection

 5  Agency Method 5, provided that all measured particulate matter

 6  is assumed to be particulate matter of 10 microns or less.

 7  Tests for compliance with the particulate matter emission

 8  limit of subparagraph (2)(e)2. for the pellet cooler or

 9  cooling reel are waived as long as the facility complies with

10  the visible emissions limitation of subparagraph (2)(g)2. If

11  any visible emissions test for the pellet cooler or cooling

12  reel does not demonstrate compliance with the visible

13  emissions limitation of subparagraph (2)(g)2., the emissions

14  unit shall be tested for compliance with the particulate

15  matter emission limit of subparagraph (2)(e)2. within 30 days

16  after the visible emissions test.

17         2.  Tests for visible emissions shall be conducted

18  using United States Environmental Protection Agency Method 9.

19  Annual tests for visible emissions are not required for biogas

20  flares, emergency generators, and volatile organic compounds

21  emission control incinerators.

22         3.  Tests for nitrogen oxides shall be conducted using

23  Environmental Protection Agency Method 7E.

24         4.  Tests for particulate matter of 10 microns or less

25  for process steam boilers, combustion turbines, and duct

26  burners, and tests for nitrogen oxides for citrus peel dryers,

27  process steam boilers, and duct burners, are not required

28  while firing fuel oil in any calendar year in which these

29  sources did not fire fuel oil for more than 400 hours.

30         (j)  Measurement of the sulfur content of fuel oil

31  shall be by latest American Society for Testing and Materials

                                  9

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  methods suitable for determining sulfur content. Sulfur

 2  dioxide emissions shall be determined by material balance

 3  using the sulfur content and amount of the fuel or fuels fired

 4  in each emission source, assuming that for each pound of

 5  sulfur in the fuel fired, two pounds of sulfur dioxide are

 6  emitted.

 7         (k)  A situation arising from sudden and unforeseeable

 8  events beyond the control of the source which causes a

 9  technology-based emissions limitation to be exceeded because

10  of unavoidable increases in emissions attributable to the

11  situation and which requires immediate corrective action to

12  restore normal operation shall be an affirmative defense to an

13  enforcement action in accordance with the provisions and

14  requirements of 40 CFR 70.6(g)(2) and (3), hereby adopted and

15  incorporated by reference as the law of this state. It shall

16  not be a defense for a permittee in an enforcement action that

17  maintaining compliance with any permit condition would

18  necessitate halting of or reduction of the source activity.

19         (4)  EMISSIONS TRADING.--If the facility is limited by

20  the emission limit listed in paragraph (2)(c) for any such

21  limit which the facility exceeded during the calendar year,

22  the facility must obtain, no later than March 1 of the

23  reporting year, sufficient allowances, generated in the same

24  calendar year in which the limit was exceeded, to meet all

25  limits exceeded.  Any facility which fails to meet the limit

26  and fails to secure sufficient allowances that equal or exceed

27  the emissions resulting from such failure to meet the limit

28  shall be subject to enforcement in the same manner and to the

29  same extent as if the facility had violated a permit

30  condition. For purposes of this section, an "allowance" means

31  a credit equal to emissions of 1 ton per year of a pollutant

                                  10

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  listed in paragraph (2)(c), subject to the particular

 2  limitations of paragraphs (a) and (b).

 3         (a)  Emissions allowances may be obtained from any

 4  other facility authorized to operate under this section,

 5  provided such allowances are real, excess, and are not

 6  resulting from the shutdown of an emissions unit. Emissions

 7  allowances must be obtained for each pollutant the emissions

 8  limit of which was exceeded in the calendar year. Allowances

 9  can be applied on a pollutant-specific basis only.  No

10  cross-pollutant trading shall be allowed.

11         1.  Real allowances are those created by the difference

12  between the emissions limit imposed by this section and the

13  lower emissions actually measured during the calendar year.

14  Measurement of emissions for allowance purposes shall be

15  determined in the manner described in this subparagraph. For

16  purposes of measuring whether an allowance was created, a

17  single stack test or use of emissions estimates cannot be

18  used. Measurement of recovery of oil from citrus fruits

19  processed shall be by material balance using the measured oil

20  in the incoming fruit, divided into the sum of the oil

21  remaining in juice, the cold press oil recovered, d-limonene

22  recovered, and oil remaining in the dried pellets, expressed

23  as a percentage. Alternatively, the material balance may use

24  the measured oil in the incoming fruit divided into the oil

25  measured remaining in the pressed peel prior to introduction

26  into the feed mill dryers, in which case the decimal result

27  shall be subtracted from the numeral one, and added to the

28  decimal result of the measured oil in the incoming fruit

29  divided into the oil measured remaining in the dried pellets,

30  with the resulting sum expressed as a percentage. Measurement

31  of recovery of oil shall be made each operational day and

                                  11

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  averaged over the days of facility operation during each

 2  calendar year. Facilities may accept wet peel from offsite

 3  sources for drying, provided that the facility receives

 4  sufficient recorded information from the offsite source to

 5  measure available oil and oil recovery at the offsite source,

 6  and accounts for those values in determining compliance with

 7  the limitation of paragraph (2)(c) and the number of

 8  allowances that are required to be obtained, if any. Wet peel

 9  not processed through the peel dryer shall be excluded from

10  the oil recovery calculations. Methodologies for determining

11  oil contents shall be developed by the Institute of Food and

12  Agricultural Sciences and approved by rule of the department.

13  Other methods of measuring oil recovery or determining oil

14  content may be approved by rule of the department, for trading

15  purposes, provided the methods yield results equivalent to the

16  approved methodologies.

17         2.  Excess allowances are those not used for any other

18  regulatory purpose.

19         (b)  No facility located in an area designated

20  nonattainment for ozone shall be allowed to acquire allowances

21  of volatile organic compounds. Nothing shall preclude such a

22  facility from trading volatile organic compounds allowances

23  that it might generate to facilities not located in a

24  nonattainment area for ozone.

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

26  operate under this section shall pay annual emissions fees in

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

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

29  fees until October 31, 2002, emission fees shall be based on

30  the requirements of s. 403.0872. Commencing July 1, 2002, the

31  allowable annual emissions for fee purposes shall be computed

                                  12

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  as the emissions limits established by this section multiplied

 2  by the actual operation rates, heat input, and hours of

 3  operation of each new and existing source for the previous

 4  calendar year. Actual operation rates, heat input, and hours

 5  of operation of each new and existing source shall be

 6  documented by making and maintaining records of operation of

 7  each source. Fees shall not be based on stack test results. In

 8  the event that adequate records of actual operation rates and

 9  heat input are not maintained, actual operation shall be

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

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

12  that adequate records of hours of operation are not

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

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

15  the previous calendar year. All such annual emissions fees

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

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

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

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

20  purposes of determining actual emissions for fee purposes, any

21  allowances traded away shall be deducted and any allowances

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

23  the Air Pollution Control Trust Fund.

24         (6)  MODIFICATIONS AND NEW CONSTRUCTION.--Any facility

25  authorized to operate under this section that makes any

26  physical change or any change to the method of operation of

27  the facility shall comply with the requirements of this

28  section at all times, except that any facility located in an

29  area designated as a nonattainment area for any pollutant

30  shall also comply with limits established by department rules

31  for all changes which increase emissions of such pollutant,

                                  13

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  and except that any facility that becomes subject to the

 2  federal acid rain program is no longer authorized to construct

 3  or operate under this section and must obtain proper

 4  department permits.

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

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

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

 8  practicable, assure compliance with substantive federal Clean

 9  Air Act requirements.

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

11  department, after consultation with the citrus industry, shall

12  report to the Legislature concerning the implementation of

13  this section, and shall make recommendations for any changes

14  necessary to improve implementation.

15         (9)  ENVIRONMENTAL PROTECTION AGENCY APPROVAL.--No

16  later than February 1, 2001, the department shall submit this

17  act to the United States Environmental Protection Agency as a

18  revision of Florida's state implementation plan and as a

19  revision of Florida's approved state Title V program.  If the

20  United States Environmental Protection Agency fails to approve

21  this act as a revision of Florida's state implementation plan

22  within 2 years after submittal, this act shall not apply with

23  respect to construction requirements for facilities subject to

24  regulation under the act, and the facilities subject to

25  regulation thereunder must comply with all construction

26  permitting requirements, including those for prevention of

27  significant deterioration, and must make application for

28  construction permits for any construction or modification at

29  the facility which was not undertaken in compliance with all

30  permitting requirements of the Florida state implementation

31  plan, within 3 months thereafter.  If the United States

                                  14

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  Environmental Protection Agency fails to approve this act as a

 2  revision of Florida's approved state Title V program within 2

 3  years after submittal, this act shall not apply with respect

 4  to operation requirements, and all facilities subject to

 5  regulation under the act must immediately comply with all

 6  Title V program requirements and must make application for

 7  Title V operation permits within 3 months thereafter.

 8         Section 11.  Subsection (16) is added to section

 9  120.80, Florida Statutes, to read:

10         120.80  Exceptions and special requirements;

11  agencies.--

12         (16)  DEPARTMENT OF ENVIRONMENTAL

13  PROTECTION.--Notwithstanding the provisions of s.

14  120.54(1)(d), the Department of Environmental Protection, in

15  undertaking rulemaking to establish best available control

16  technology, lowest achievable emissions rate, or case-by-case

17  maximum available control technology for purposes of s.

18  403.08725, shall not adopt the lowest regulatory cost

19  alternative if such adoption would prevent the agency from

20  implementing federal requirements.

21         Section 12.  The Department of Environmental Protection

22  is directed to explore alternatives to traditional methods of

23  regulatory permitting, provided that such alternative methods

24  will not allow a material increase in pollution emissions or

25  discharges.  Working with industry, business associations,

26  other government agencies, and interested parties, the

27  department is directed to consider specific limited pilot

28  projects to test new compliance measures.  These measures

29  should include, but not be limited to, reducing transaction

30  costs for business and government and providing economic

31  incentives for emissions reductions.  The department shall

                                  15

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  report to the Legislature prior to implementation of a pilot

 2  project initiated pursuant to this section.

 3         Section 13.  The introductory paragraph of section

 4  403.0872, Florida Statutes, is amended to read:

 5         403.0872  Operation permits for major sources of air

 6  pollution; annual operation license fee.--Provided that

 7  program approval pursuant to 42 U.S.C. s. 7661a has been

 8  received from the United States Environmental Protection

 9  Agency, beginning January 2, 1995, each major source of air

10  pollution, including electrical power plants certified under

11  s. 403.511, must obtain from the department an operation

12  permit for a major source of air pollution under this section.

13  This operation permit, which is the only department operation

14  permit for a major source of air pollution required for such

15  source; provided, at the applicant's request, the department

16  shall issue a separate Acid Rain permit for a major source of

17  air pollution that is an affected source within the meaning of

18  42 U.S.C. s. 7651a(1). Operation permits for major sources of

19  air pollution, except general permits issued pursuant to s.

20  403.814, must be issued in accordance with the following

21  procedures contained in this section and in accordance with

22  chapter 120; however, to the extent that chapter 120 is

23  inconsistent with the provisions of this section, the

24  procedures contained in this section prevail.:

25

26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 3, line 4, through page 7, line 10,

30  remove all of said lines

31

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  and insert:

 2         Council; creating s. 403.08725, F.S.; providing

 3         requirements for citrus juice processing

 4         facilities with respect to obtaining air

 5         pollution, construction, and operations

 6         permits; providing definitions; providing

 7         emissions limits for such facilities; requiring

 8         certification of information submitted by

 9         citrus juice processing facilities to the

10         Department of Environmental Protection;

11         providing requirements with respect to

12         determination and reporting of facility

13         emissions; requiring the submission of annual

14         operating reports; requiring maintenance of

15         records; providing an affirmative defense to

16         certain enforcement actions; adopting and

17         incorporating specified federal regulations by

18         reference; providing requirements,

19         specifications, and restrictions with respect

20         to air emissions trading; providing for annual

21         emissions fees; providing penalty for failure

22         to pay fees; providing for deposit of fees in

23         the Air Pollution Control Trust Fund; providing

24         requirements with respect to construction of

25         new facilities or modification of existing

26         facilities; providing for the adoption of rules

27         by the department; requiring the department to

28         provide a report to the Legislature; providing

29         for submission of the act to the United States

30         Environmental Protection Agency; providing for

31         applicability of the act and compliance

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                                                   HOUSE AMENDMENT

    hbd-27                           Bill No. CS/HB 1425, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         requirements for facilities in the event of

 2         federal nonapproval; amending s. 120.80, F.S.;

 3         providing an exception to specified rulemaking

 4         by the Department of Environmental Protection;

 5         directing the department to explore

 6         alternatives to traditional methods of

 7         regulatory permitting and to consider specific

 8         limited pilot projects to test new compliance

 9         measures; providing reporting requirements;

10         amending s. 403.0872, F.S.; requiring the

11         Department of Environmental Protection to issue

12         a separate acid rain permit for specified major

13         sources of air pollution upon request of the

14         applicant; providing an effective date.

15

16

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