House Bill 1753

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    Florida House of Representatives - 2000                HB 1753

        By Representative Alexander






  1                      A bill to be entitled

  2         An act relating to environmental control;

  3         creating s. 403.08725, F.S.; providing

  4         requirements for citrus juice processing

  5         facilities with respect to obtaining air

  6         pollution, construction, and operations

  7         permits; providing definitions; providing

  8         emissions limits for such facilities; requiring

  9         certification of information submitted by

10         citrus juice processing facilities to the

11         Department of Environmental Protection;

12         providing requirements with respect to

13         determination and reporting of facility

14         emissions; requiring the submission of annual

15         operating reports; requiring maintenance of

16         records; providing requirements,

17         specifications, and restrictions with respect

18         to air emissions trading; providing for annual

19         emissions fees; providing penalty for failure

20         to pay fees; providing for deposit of fees in

21         the Air Pollution Control Trust Fund; providing

22         requirements with respect to construction of

23         new facilities or modification of existing

24         facilities; providing for the adoption of rules

25         by the department; requiring the department to

26         provide a report to the Legislature; providing

27         for submission of the act to the United States

28         Environmental Protection Agency; providing for

29         applicability of the act and compliance

30         requirements for facilities in the event of

31         federal nonapproval; directing the department

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  1         to explore alternatives to traditional methods

  2         of regulatory permitting for citrus juice

  3         processing facilities and pilot projects to

  4         test new compliance measures; providing limits

  5         on pilot projects; providing reporting

  6         requirements; providing an effective date.

  7

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

  9

10         Section 1.  Section 403.08725, Florida Statutes, is

11  created to read:

12         403.08725  Citrus juice processing facilities.--

13         (1)  COMPLIANCE REQUIREMENTS;

14  DEFINITIONS.--Notwithstanding the permit requirements of ss.

15  403.087(1) and 403.0872, effective July 1, 2002, all citrus

16  juice processing facilities shall comply with the provisions

17  of this section in lieu of obtaining air pollution,

18  construction, and operation permits required under ss.

19  403.087(1) and 403.0872. For purposes of this section,

20  "facility" means all emissions units at a plant that processes

21  citrus fruit to produce single-strength or frozen concentrated

22  juice and other products and byproducts identified by Major

23  Group Standard Industrial Classification Codes 2033, 2037, and

24  2048 which are located within a contiguous area and are owned

25  or operated under common control, along with all emissions

26  units located in the contiguous area and under the same common

27  control which directly support the operation of the citrus

28  juice processing function. For purposes of this section,

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

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

31  of this section, "new sources" means emissions units

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  1  constructed or modified on or after July 1, 2000, and

  2  "existing sources" means emissions units constructed or

  3  modified before July 1, 2000.

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

  5  authorized to construct and operate under this section shall

  6  operate within the most stringent of the emissions limits set

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

  8         (a)  The lowest emissions limit required by any

  9  standard promulgated by the United States Environmental

10  Protection Agency.

11         (b)  Each facility shall comply with the emissions

12  limitations of its Title V permit until October 31, 2002, at

13  which time the requirements of this subsection shall supersede

14  the emissions limitations of its Title V permit.

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

16  compounds, the level of emissions achievable by a 65-percent

17  recovery of oil from citrus fruits processed shall be as

18  determined by the methodology described in sub-subparagraph

19  (4)(a)1.

20         (d)  After October 31, 2002, no facility shall fire

21  fuel oil containing greater than 0.5 percent sulfur by weight.

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

23  use of d-limonene as a fuel is not limited by this paragraph.

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

25  10 microns or less, the emissions levels, expressed in pounds

26  per million British thermal units of heat input, unless

27  otherwise specified, are established for the following types

28  of new and existing sources:

29         1.  Citrus peel dryer, regardless of production

30  capacity: 15 pounds per hour.

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  1         2.  Pellet cooler or cooling reel, regardless of

  2  production capacity:  5 pounds per hour.

  3         3.  Process steam boiler:

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

  5  biogas, d-limonene, or fuel oil, and new sources fired with

  6  natural gas, propane, or biogas:  not limited.

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

  8  million British thermal units.

  9

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

11  gas, propane, biogas, or fuel oil. No process steam boiler

12  shall fire used oil.

13         4.  Combustion turbine:

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

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

16  biogas:  not limited.

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

18  million British thermal units.

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20  No combustion turbine shall fire any fuel other than natural

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

22  shall fire used oil.

23         5.  Duct burner:

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

25  propane, or biogas:  not limited.

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

27  pounds per million British thermal units.

28

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

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

31  oil.

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  1         6. Glass plant furnace:

  2         a.  Existing sources with a maximum non-cullet material

  3  process input rate of 13.75 tons per hour:   0.64 grams per

  4  kilogram of glass produced.

  5         b.  Existing sources with a maximum non-cullet material

  6  process input rate of 17.92 tons per hour:  0.54 grams per

  7  kilogram of glass produced.

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  9  No glass plant furnace shall fire any fuel other than natural

10  gas, propane, biogas, or fuel oil.  No glass plant furnace

11  shall fire used oil.

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

13         8.  Emergency generator:  not limited.

14         9.  Volatile organic compounds emission control

15  incinerator:  not limited.

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

17  emissions levels, expressed in pounds of nitrogen dioxide per

18  million British thermal units of heat produced, unless

19  otherwise specified, are established for the following types

20  of new and existing sources:

21         1.  Citrus peel dryer:

22         a.  Sources that are constructed or modified on or

23  prior to August 7, 1980:  not limited.

24         b.  Sources that are constructed or modified after

25  August 7, 1980, that fire natural gas, propane, biogas,

26  d-limonene, or distillate oil:  0.20 pounds per million

27  British thermal units.

28         c.  Sources that are constructed or modified after

29  August 7, 1980, that fire residual fuel oil:  0.34 pounds per

30  million British thermal units.

31         2.  Process steam boiler:

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

  2  biogas, d-limonene, or fuel oil:  not limited.

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

  4  biogas, d-limonene or fuel oil:  0.10 pounds per million

  5  British thermal units.

  6         3.  Combustion turbine:

  7         a.  Existing sources regardless of fuel:

  8         (I)  Existing combustion turbine of approximately 425

  9  million British thermal units per hour heat input capacity:

10  73 pounds per hour.

11         (II)  Existing combustion turbines of approximately 50

12  million British thermal units per hour heat input capacity

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

14  volume dry at 15 percent oxygen.

15         (III)  Existing combustion turbine of approximately 50

16  million British thermal units per hour heat input capacity,

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

18  at 15 percent oxygen.

19         b.  New sources with less than 50 megawatts of

20  mechanically generated electrical capacity, regardless of

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

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

23  megawatts of mechanically generated electrical capacity,

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

25  percent oxygen.

26         4.  Duct burner:

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

28  biogas, or fuel oil:  not limited.

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

30  biogas, or fuel oil:  0.20 pounds per million British thermal

31  units.

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  1         5.  Glass plant furnace:

  2         a.  Existing sources regardless of production capacity:

  3  not limited.

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

  5  regardless of production capacity:  5.5 pounds per ton of

  6  glass produced.

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

  8         7.  Emergency generator:  not limited.

  9         8.  Volatile organic compound emission control

10  incinerator:  not limited.

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

12  levels of visible emissions at all times during operation,

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

14  following types of emission sources:

15         1.  Citrus peel dryer:  20 percent.

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

17         3.  Process steam boiler:  20 percent.

18         4.  Combustion turbine:  10 percent.

19         5.  Duct burner:  limited to the visible emissions

20  limit of the associated combustion turbine.

21         6.  Glass plant furnace:  20 percent.

22         7.  Biogas flare for anaerobic reactor:  5 percent.

23         8.  Emergency generator: 20 percent.

24         9.  Lime storage silo:  5 percent.

25         10.  Volatile organic compounds emission control

26  incinerator:  5 percent.

27         (3)  EMISSIONS DETERMINATION AND REPORTING.--

28         (a)  All information submitted to the department by

29  facilities authorized to operate under this section shall be

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

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

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

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

  3  Title V permitting rules.

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

  5  any standard promulgated by the United States Environmental

  6  Protection Agency must be determined and reported by a

  7  responsible official of the facility in accordance with the

  8  promulgated requirement. Reports required by this section

  9  shall be certified and submitted to the department.

10         (c)  All emissions units subject to any enhanced

11  monitoring requirement under any regulation promulgated by the

12  United States Environmental Protection Agency must comply with

13  such requirement.

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

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

16  basis and reported to the department by a responsible official

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

18  Emissions shall be determined for each emissions unit by means

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

20  other statistical conventions which yield reliable data; are

21  consistent with the emissions limit being measured; are

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

23  sufficient to show the actual emissions of the unit.

24         (e)  Each facility authorized to operate under this

25  section shall submit annual operating reports in accordance

26  with department rules.

27         (f)  Each facility shall have a responsible official

28  provide and certify the annual and semiannual statements of

29  compliance required under the department's Title V permitting

30  rules.

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  1         (g)  Each facility shall have a responsible official

  2  provide the department with sufficient information to

  3  determine compliance with all provisions of this section and

  4  all applicable department rules, upon request of the

  5  department.

  6         (h)  Records sufficient to demonstrate compliance with

  7  all provisions of this section and all applicable department

  8  rules shall be made available and maintained at the facility

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

10  during normal business hours.

11         (i)  Emission sources subject to limitations for

12  particulate matter, nitrogen oxides, and visible emissions

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

14  annually, except as provided in subparagraphs 1.-3., in

15  accordance with department rules using United States

16  Environmental Protection Agency test methods.

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

18  may be conducted using United States Environmental Protection

19  Agency Method 5, provided that all measured particulate matter

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

21  Tests for compliance with the particulate matter emission

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

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

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

25  any visible emissions test for the pellet cooler or cooling

26  reel does not demonstrate compliance with the visible

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

28  unit shall be tested for compliance with the particulate

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

30  after the visible emissions test.

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  1         2.  Tests for visible emissions shall be conducted

  2  using United States Environmental Protection Agency Method 9.

  3  Annual tests for visible emissions are not required for biogas

  4  flares, emergency generators, and volatile organic compounds

  5  emission control incinerators.

  6         3.  Tests for nitrogen oxides shall be conducted using

  7  Environmental Protection Agency Method 7E.

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

  9  shall be by latest American Society for Testing and Materials

10  methods suitable for determining sulfur content. Sulfur

11  dioxide emissions shall be determined by material balance

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

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

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

15  emitted.

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

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

18  limit which the facility exceeded during the calendar year,

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

20  reporting year, sufficient allowances, generated in the same

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

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

23  and fails to secure sufficient allowances that equal or exceed

24  the emissions resulting from such failure to meet the limit

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

26  same extent as if the facility had violated a permit

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

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

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

30  limitations of paragraphs (4)(a) and (b).

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  1         (a)  Emissions allowances may be obtained from any

  2  other facility authorized to operate under this section,

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

  4  resulting from the shutdown of an emissions unit. Emissions

  5  allowances must be obtained for each pollutant the emissions

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

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

  8  cross-pollutant trading shall be allowed.

  9         1.  Real allowances are those created by the difference

10  between the emissions limit imposed by this section and the

11  lower emissions actually measured during the calendar year.

12  Measurement of emissions for allowance purposes shall be

13  determined in the manner described in this subparagraph. For

14  purposes of measuring whether an allowance was created, a

15  single stack test or use of emissions estimates cannot be

16  used. Measurement of recovery of oil from citrus fruits

17  processed shall be by material balance using the measured oil

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

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

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

21  as a percentage. Measurement of recovery of oil shall be made

22  each operational day and averaged over the days of facility

23  operation during each calendar year. The oil contents of the

24  fruit and peel shall be determined using methods approved by

25  the department.  Facilities may accept wet peel from offsite

26  sources for drying, provided that the facility receives

27  sufficient recorded information from the offsite source to

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

29  and accounts for those values in determining compliance with

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

31  allowances that are required to be obtained, if any.

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  1  Methodologies for determining oil contents shall be developed

  2  by the Institute of Food and Agricultural Sciences and

  3  approved by the department.

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

  5  regulatory purpose.

  6         (b)  No facility located in an area designated as a

  7  nonattainment area for a pollutant shall be allowed to acquire

  8  allowances of that pollutant for any regulatory purpose.  No

  9  facility located in an area designated as a nonattainment area

10  for ozone shall be allowed to acquire allowances of any

11  nitrogen oxide, including nitrogen dioxide, or of volatile

12  organic compounds for any regulatory purpose.

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

14  operate under this section shall pay annual emissions fees in

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

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

17  fees until July 1, 2002, emission fees shall be based on the

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

19  allowable annual emissions for fee purposes shall be computed

20  as the emissions limits established by this section multiplied

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

22  operation of each new and existing source for the previous

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

24  of operation of each new and existing source shall be

25  documented by making and maintaining records of operation of

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

27  the event that adequate records of operation are not

28  maintained, actual operation shall be assumed to occur at the

29  source's maximum capacity from January 1 through May 31 and

30  October 1 through December 31 of the previous calendar year.

31  All such annual emissions fees shall be due and payable April

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  1  1 for the preceding calendar year. Failure to pay fees shall

  2  result in penalties and interest in the same manner and to the

  3  same extent as failure to pay fees under the department's

  4  Title V program. For purposes of determining actual emissions

  5  for fee purposes, any allowances traded away shall be deducted

  6  and any allowances acquired shall be included. All fees shall

  7  be deposited into the Air Pollution Control Trust Fund.

  8         (6)  MODIFICATIONS AND NEW CONSTRUCTION.--Any new

  9  facility or any facility authorized to operate under this

10  section which makes any physical change or any change to the

11  method of operation of the facility shall comply with the

12  requirements of this section at all times, except that any

13  facility located in an area designated as a nonattainment area

14  for any pollutant shall also comply with limits established by

15  department rules for all changes which increase emissions of

16  such pollutant, and except that any facility that becomes

17  subject to the federal acid rain program is no longer

18  authorized to construct or operate under this section and must

19  obtain proper department permits.

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

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

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

23  practicable, assure compliance with substantive federal Clean

24  Air Act requirements. To the extent such rules provide for

25  establishing best available control technology, lowest

26  achievable emissions rate, or case-by-case maximum achievable

27  control technology, such rules shall not be subject to the

28  requirement of s. 120.54 for adoption of the lowest regulatory

29  cost alternative.

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

31  department, after consultation with the citrus industry, shall

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  1  report to the Legislature concerning the implementation of

  2  this section, and shall make recommendations for any changes

  3  necessary to improve implementation.

  4         Section 2.  No later than October 1, 2000, the

  5  department shall submit section 403.08725, Florida Statutes,

  6  as created by this act, to the United States Environmental

  7  Protection Agency as a revision of Florida's state

  8  implementation plan and as a revision of Florida's approved

  9  state Title V program.  If the United States Environmental

10  Protection Agency fails to approve section 403.08725, Florida

11  Statutes, as created by this act, as a revision of Florida's

12  state implementation plan within 2 years after submittal,

13  section 403.08725, Florida Statutes, as created by this act,

14  shall not apply with respect to construction requirements for

15  facilities subject to regulation under the act, and the

16  facilities subject to regulation thereunder must comply with

17  all construction permitting requirements, including those for

18  prevention of significant deterioration, and must make

19  application for construction permits for any construction or

20  modification at the facility which was not undertaken in

21  compliance with all permitting requirements of the Florida

22  state implementation plan, within 3 months thereafter.  If the

23  United States Environmental Protection Agency fails to approve

24  section 403.08725, Florida Statutes, as created by this act,

25  as a revision of Florida's approved state Title V program

26  within 2 years after submittal, section 403.08725, Florida

27  Statutes, as created by this act, shall not apply with respect

28  to operation requirements, and all facilities subject to

29  regulation under the act must immediately comply with all

30  Title V program requirements and must make application for

31  Title V operation permits within 3 months thereafter.

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  1         Section 3.  Notwithstanding any provision of law to the

  2  contrary, the Department of Environmental Protection is

  3  granted limited authority to explore alternatives to

  4  traditional methods of regulatory permitting for citrus juice

  5  processing facilities, provided that such alternative methods

  6  do not produce a material increase in pollution emissions.

  7  Working with industry, business associations, and other state

  8  agencies, the department is directed to examine specific

  9  limited pilot projects to test new compliance measures for

10  citrus juice processing facilities.  Any pilot projects

11  initiated for the purpose of carrying out the provisions of s.

12  403.08725, Florida Statutes, as created by this act, may

13  operate for a period of no more than 3 years, unless a pilot

14  project is continued by legislative enactment.  The department

15  shall submit a report to the Speaker of the House of

16  Representatives and the President of the Senate prior to the

17  implementation of any regulatory activities which are the

18  result of a pilot project initiated for the purpose of

19  carrying out the provisions of s. 403.08725, Florida Statutes,

20  as created by this act.

21         Section 4.  This act shall take effect July 1, 2000.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides compliance requirements for citrus juice
  4    processing facilities with respect to obtaining air
      pollution, construction, and operations permits.  Defines
  5    terms for purposes of the act. Provides emissions limits
      for such facilities.  Requires certification of
  6    information submitted by citrus juice processing
      facilities to the Department of Environmental Protection.
  7    Provides requirements with respect to determination and
      reporting of facility emissions.  Requires the submission
  8    of annual operating reports.  Requires maintenance of
      records.  Provides requirements, specifications, and
  9    restrictions with respect to air emissions trading.
      Provides for annual emissions fees. Provides penalty for
10    failure to pay fees.  Provides for deposit of fees in the
      Air Pollution Control Trust Fund.  Provides requirements
11    with respect to construction of new facilities or
      modification of existing facilities.  Provides for the
12    adoption of rules by the department. Requires the
      department to provide a report to the Legislature.
13    Provides for submission of the act to the United States
      Environmental Protection Agency. Provides for
14    applicability of the act and compliance requirements for
      facilities in the event of federal nonapproval.  Directs
15    the department to explore alternatives to traditional
      methods of regulatory permitting for citrus juice
16    processing facilities and pilot projects to test new
      compliance measures.  Provides limits on pilot projects.
17    Provides reporting requirements.

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