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