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





                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Laurent moved the following amendment to amendment

12  (920738):

13

14         Senate Amendment (with title amendment) 

15         On page 16, between lines 13 and 14,

16

17  insert:

18         Section 4.  Section 403.0872, Florida Statutes, is

19  amended to read:

20         403.0872  Operation permits for major sources of air

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

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

23  received from the United States Environmental Protection

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

25  pollution, including electrical power plants certified under

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

27  permit for a major source of air pollution under this

28  section,. This operation permit which is the only department

29  operation permit for a major source of air pollution required

30  for such source; provided, at the applicant's request, the

31  department shall issue a separate Acid Rain permit for a major

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  source of air pollution that is an affected source within the

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

 3  sources of air pollution, except general permits issued

 4  pursuant to s. 403.814, must be issued in accordance with the

 5  following procedures and in accordance with chapter 120;

 6  however, to the extent that chapter 120 is inconsistent with

 7  the provisions of this section, the procedures contained in

 8  this section prevail:

 9         (1)  For purposes of this section, a major source of

10  air pollution means a stationary source of air pollution, or

11  any group of stationary sources within a contiguous area and

12  under common control, which emits any regulated air pollutant

13  and which is any of the following:

14         (a)  A major source within the meaning of 42 U.S.C. s.

15  7412(a)(1);

16         (b)  A major stationary source or major emitting

17  facility within the meaning of 42 U.S.C. s. 7602(j) or 42

18  U.S.C. subchapter I, part C or part D;

19         (c)  An affected source within the meaning of 42 U.S.C.

20  s. 7651a(1);

21         (d)  An air pollution source subject to standards or

22  regulations under 42 U.S.C. s. 7411 or s. 7412; provided that

23  a source is not a major source solely because of its

24  regulation under 42 U.S.C. s. 7412(r); or

25         (e)  A stationary air pollution source belonging to a

26  category designated as a 40 C.F.R. part 70 source by

27  regulations adopted by the administrator of the United States

28  Environmental Protection Agency under 42 U.S.C. ss. 7661 et

29  seq.  The department shall exempt those facilities that are

30  subject to this section solely because they are subject to

31  requirements under 42 U.S.C. s. 7411 or solely because they

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  are subject to reporting requirements under 42 U.S.C. s. 7412

 2  for as long as the exemption is available under federal law.

 3         (2)  An application for an operation permit for a major

 4  source of air pollution must be submitted in accordance with

 5  rules of the department governing permit applications. The

 6  department shall adopt rules defining the timing, content, and

 7  distribution of an application for a permit under this

 8  section. A permit application processing fee is not required.

 9  The department may issue an operation permit for a major

10  source of air pollution only when it has reasonable assurance

11  that the source applies pollution control technology,

12  including fuel or raw material selection, necessary to enable

13  it to comply with the standards or rules adopted by the

14  department or an approved compliance plan for that source. If

15  two or more major air pollution sources that belong to the

16  same Major Group as described in the Standard Industrial

17  Classification Manual, 1987, are operated at a single site,

18  the owner may elect to receive a single operation permit

19  covering all such sources at the site.

20         (a)  An application for a permit under this section is

21  timely and complete if it is submitted in accordance with

22  department rules governing the timing of applications and

23  substantially addresses the information specified in

24  completeness criteria determined by department rule in

25  accordance with applicable regulations of the United States

26  Environmental Protection Agency governing the contents of

27  applications for permits under 42 U.S.C. s. 7661b(d). Unless

28  the department requests additional information or otherwise

29  notifies the applicant of incompleteness within 60 days after

30  receipt of an application, the application is complete.

31         (b)  Any permitted air pollution source that submits a

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  timely and complete application for a permit under this

 2  section is entitled to operate in compliance with its existing

 3  air permit pending the conclusion of proceedings associated

 4  with its application. Notwithstanding the timing requirements

 5  of paragraph (c) and subsection (3), the department may

 6  process applications received during the first year of permit

 7  processing under this section, in a manner consistent with 42

 8  U.S.C. s. 7661b(c).

 9         (c)  The department may request additional information

10  necessary to process a permit application subsequent to a

11  determination of completeness in accordance with s.

12  403.0876(1).

13         (3)  Within 90 days after the date on which the

14  department receives all information necessary to process an

15  application for a permit under this section, the department

16  shall issue a draft permit or a determination that the

17  requested permit should be denied. A draft permit must contain

18  all conditions that the department finds necessary to ensure

19  that operation of the source will be in compliance with

20  applicable law, rules, or compliance plans. If the department

21  proposes to deny the permit application, the department's

22  determination must provide an explanation for the denial. The

23  department shall furnish a copy of each draft permit to the

24  United States Environmental Protection Agency and to any

25  contiguous state whose air quality could be affected or which

26  is within 50 miles of the source pursuant to procedures

27  established by department rule.

28         (4)  The department shall require the applicant to

29  publish notice of any draft permit in accordance with

30  department rule. The department must accept public comment

31  with respect to a draft permit for 30 days following the date

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  of notice publication. The notice must be published in a

 2  newspaper of general circulation as defined in s. 403.5115(2).

 3  If comments received during this period result in a change in

 4  the draft permit, the department must issue a revised draft

 5  permit, which shall be supplied to the United States

 6  Environmental Protection Agency and to any contiguous state

 7  whose air quality could be affected or which is within 50

 8  miles of the source.

 9         (5)  Any person whose substantial interests are

10  affected by a draft permit or the denial determination may

11  request an administrative hearing under ss. 120.569 and

12  120.57, in accordance with the rules of the department. A

13  draft permit must notify the permit applicant of any review

14  process applicable to the permit decision of the department.

15  The department shall prescribe, by rule, a suitable standard

16  format for such notification.

17         (6)  If a hearing is not requested under ss. 120.569

18  and 120.57, the draft permit will become the department's

19  proposed permit but does not become final until the time for

20  federal review of the proposed permit has elapsed. The

21  department shall furnish the United States Environmental

22  Protection Agency a copy of each proposed permit and its

23  written response to any comments regarding the permit

24  submitted by contiguous states. If no objection to the

25  proposed permit is made by the United States Environmental

26  Protection Agency within the time established by 42 U.S.C. s.

27  7661d, the proposed permit must become final no later than 55

28  days after the date on which the proposed permit was mailed to

29  the United States Environmental Protection Agency. The

30  department shall issue a conformed copy of the final permit as

31  soon as is practicable thereafter.

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1         (7)  If a draft permit is the subject of an

 2  administrative hearing under ss. 120.569 and 120.57, a

 3  proposed permit containing changes, if any, resulting from the

 4  hearing process, after the conclusion of the hearing, must be

 5  issued and a copy must be provided to the applicant, to the

 6  United States Environmental Protection Agency, and to any

 7  contiguous state whose air quality could be affected or which

 8  is within 50 miles of the source, as soon as practicable. The

 9  proposed permit shall not become final until the time for

10  review, by the United States Environmental Protection Agency,

11  of the proposed permit has elapsed. If comments from a

12  contiguous state regarding the permit are received, the

13  department must provide a written response to the applicant,

14  to the state, and to the United States Environmental

15  Protection Agency. If no objection to the proposed permit is

16  made by the United States Environmental Protection Agency

17  within the time established by 42 U.S.C. s. 7661d, the

18  proposed permit must become final no later than 55 days after

19  the date on which the proposed permit was mailed to the United

20  States Environmental Protection Agency. The department shall

21  issue a conformed copy of the final permit as soon as is

22  practicable thereafter.

23         (8)  If the administrator of the United States

24  Environmental Protection Agency timely objects to a proposed

25  permit under this section, the department must not issue a

26  final permit until the objection is resolved or withdrawn. A

27  copy of the written objection of the administrator must be

28  provided to the permit applicant as soon as practicable after

29  the department receives it. Within 45 days after the date on

30  which the department serves the applicant with a copy of an

31  objection by the United States Environmental Protection Agency

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  to a proposed permit, the applicant may file a written reply

 2  to the objection. The written reply must include any

 3  supporting materials that the applicant desires to include in

 4  the record relevant to the issues raised by the objection. The

 5  written reply must be considered by the department in issuing

 6  a final permit to resolve the objection of the administrator.

 7  A final permit issued by the department to resolve an

 8  objection of the administrator is not subject to ss. 120.569

 9  and 120.57.

10         (9)  A final permit issued under this section is

11  subject to judicial review under s. 120.68. If judicial review

12  of a final permit results in material changes to the

13  conditions of the permit, the department shall notify the

14  United States Environmental Protection Agency and any state

15  that is contiguous to this state whose air quality could be

16  affected or that is within 50 miles of the source, pursuant to

17  rules of the department.

18         (10)  If the department is notified by the

19  administrator of the United States Environmental Protection

20  Agency that cause exists to terminate, modify, or revoke and

21  reissue a permit under this section, the department shall,

22  within 90 days after receipt of such notification, furnish to

23  the administrator and the permittee a proposed determination

24  of termination, modification, or revocation and reissuance as

25  appropriate. Within 45 days after the date on which the

26  department notifies the permittee that the United States

27  Environmental Protection Agency proposes action regarding its

28  permit, the permittee may file a written response concerning

29  the proposed action. The written response must include any

30  supporting materials that the permittee desires to include in

31  the record relevant to the issues raised by the proposed

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  action. The permittee's written response must be considered by

 2  the department in formulating its proposed determination under

 3  this subsection.

 4         (11)  Commencing in 1993, each major source of air

 5  pollution permitted to operate in this state must pay between

 6  January 15 and March 1 of each year, upon written notice from

 7  the department, an annual operation license fee in an amount

 8  determined by department rule. The annual operation license

 9  fee shall be terminated immediately in the event the United

10  States Environmental Protection Agency imposes annual fees

11  solely to implement and administer the major source

12  air-operation permit program in Florida under 40 C.F.R. s.

13  70.10(d).

14         (a)  The annual fee must be assessed based upon the

15  source's previous year's emissions and must be calculated by

16  multiplying the applicable annual operation license fee factor

17  times the tons of each regulated air pollutant (except carbon

18  monoxide) allowed to be emitted per hour by specific condition

19  of the source's most recent construction or operation permit,

20  times the annual hours of operation allowed by permit

21  condition; provided, however, that:

22         1.  For 1993 and 1994, the license fee factor is $10.

23  For 1995, the license fee factor is $25. In succeeding years,

24  the license fee factor is $25 or another amount determined by

25  department rule which ensures that the revenue provided by

26  each year's operation license fees is sufficient to cover all

27  reasonable direct and indirect costs of the major stationary

28  source air-operation permit program established by this

29  section. The license fee factor may be increased beyond $25

30  only if the secretary of the department affirmatively finds

31  that a shortage of revenue for support of the major stationary

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  source air-operation permit program will occur in the absence

 2  of a fee factor adjustment. The annual license fee factor may

 3  never exceed $35. The department shall retain a nationally

 4  recognized accounting firm to conduct a study to determine the

 5  reasonable revenue requirements necessary to support the

 6  development and administration of the major source

 7  air-operation permit program as prescribed in paragraph (b).

 8  The results of that determination must be considered in

 9  assessing whether a $25-per-ton fee factor is sufficient to

10  adequately fund the major source air-operation permit program.

11  The results of the study must be presented to the Governor,

12  the President of the Senate, the Speaker of the House of

13  Representatives, and the Public Service Commission, including

14  the Public Counsel's Office, by no later than October 31,

15  1994.

16         2.  For any source that operates for fewer hours during

17  the calendar year than allowed under its permit, the annual

18  fee calculation must be based upon actual hours of operation

19  rather than allowable hours if the owner or operator of the

20  source documents the source's actual hours of operation for

21  the calendar year. For any source that has an emissions limit

22  that is dependent upon the type of fuel burned, the annual fee

23  calculation must be based on the emissions limit applicable

24  during actual hours of operation.

25         3.  For any source whose allowable emission limitation

26  is specified by permit per units of material input or heat

27  input or product output, the applicable input or production

28  amount may be used to calculate the allowable emissions if the

29  owner or operator of the source documents the actual input or

30  production amount. If the input or production amount is not

31  documented, the maximum allowable input or production amount

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  specified in the permit must be used to calculate the

 2  allowable emissions.

 3         4.  For any new source that does not receive its first

 4  operation permit until after the beginning of a calendar year,

 5  the annual fee for the year must be reduced pro rata to

 6  reflect the period during which the source was not allowed to

 7  operate.

 8         5.  For any source that emits less of any regulated air

 9  pollutant than allowed by permit condition, the annual fee

10  calculation for such pollutant must be based upon actual

11  emissions rather than allowable emissions if the owner or

12  operator documents the source's actual emissions by means of

13  data from a department-approved certified continuous emissions

14  monitor or from an emissions monitoring method which has been

15  approved by the United States Environmental Protection Agency

16  under the regulations implementing 42 U.S.C. ss. 7651 et seq.,

17  or from a method approved by the department for purposes of

18  this section.

19         6.  The amount of each regulated air pollutant in

20  excess of 4,000 tons per year allowed to be emitted by any

21  source, or group of sources belonging to the same Major Group

22  as described in the Standard Industrial Classification Manual,

23  1987, may not be included in the calculation of the fee. Any

24  source, or group of sources, which does not emit any regulated

25  air pollutant in excess of 4,000 tons per year, is allowed a

26  one-time credit not to exceed 25 percent of the first annual

27  licensing fee for the prorated portion of existing

28  air-operation permit application fees remaining upon

29  commencement of the annual licensing fees.

30         7.  If the department has not received the fee by

31  February 15 of the calendar year, the permittee must be sent a

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  written warning of the consequences for failing to pay the fee

 2  by March 1. If the fee is not postmarked by March 1 of the

 3  calendar year, commencing with calendar year 1997, the

 4  department shall impose, in addition to the fee, a penalty of

 5  50 percent of the amount of the fee, plus interest on such

 6  amount computed in accordance with s. 220.807. The department

 7  may not impose such penalty or interest on any amount

 8  underpaid, provided that the permittee has timely remitted

 9  payment of at least 90 percent of the amount determined to be

10  due and remits full payment within 60 days after receipt of

11  notice of the amount underpaid.  The department may waive the

12  collection of underpayment and shall not be required to refund

13  overpayment of the fee, if the amount due is less than 1

14  percent of the fee, up to $50. The department may revoke any

15  major air pollution source operation permit if it finds that

16  the permitholder has failed to timely pay any required annual

17  operation license fee, penalty, or interest.

18         8.  During the years 1993 through 1999, inclusive, no

19  fee shall be required to be paid under this section with

20  respect to emissions from any unit which is an affected unit

21  under 42 U.S.C. s. 7651c.

22         9.  Notwithstanding the computational provisions of

23  this subsection, the annual operation license fee for any

24  source subject to this section shall not be less than $250,

25  except that the annual operation license fee for sources

26  permitted solely through general permits issued under s.

27  403.814 shall not exceed $50 per year.

28         10.  Notwithstanding the provisions of s.

29  403.087(6)(a)4.a., authorizing air pollution construction

30  permit fees, the department may not require such fees for

31  changes or additions to a major source of air pollution

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  permitted pursuant to this section, unless the activity

 2  triggers permitting requirements under Title I, Part C or Part

 3  D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.

 4  Costs to issue and administer such permits shall be considered

 5  direct and indirect costs of the major stationary source

 6  air-operation permit program under s. 403.0873. The department

 7  shall, however, require fees pursuant to the provisions of s.

 8  403.087(6)(a)4.a. for the construction of a new major source

 9  of air pollution that will be subject to the permitting

10  requirements of this section once constructed and for

11  activities triggering permitting requirements under Title I,

12  Part C or Part D, of the federal Clean Air Act, 42 U.S.C. ss.

13  7470-7514a.

14         (b)  Annual operation license fees collected by the

15  department must be sufficient to cover all reasonable direct

16  and indirect costs required to develop and administer the

17  major stationary source air-operation permit program, which

18  shall consist of the following elements to the extent that

19  they are reasonably related to the regulation of major

20  stationary air pollution sources, in accordance with United

21  States Environmental Protection Agency regulations and

22  guidelines:

23         1.  Reviewing and acting upon any application for such

24  a permit.

25         2.  Implementing and enforcing the terms and conditions

26  of any such permit, excluding court costs or other costs

27  associated with any enforcement action.

28         3.  Emissions and ambient monitoring.

29         4.  Preparing generally applicable regulations or

30  guidance.

31         5.  Modeling, analyses, and demonstrations.

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1         6.  Preparing inventories and tracking emissions.

 2         7.  Implementing the Small Business Stationary Source

 3  Technical and Environmental Compliance Assistance Program.

 4         8.  The study conducted under subparagraph (a)1. and

 5  any audits conducted under paragraph (c).

 6         (c)  An audit of the major stationary source

 7  air-operation permit program must be conducted 2 years after

 8  the United States Environmental Protection Agency has given

 9  full approval of the program, or by the end of 1996, whichever

10  comes later, to ascertain whether the annual operation license

11  fees collected by the department are used solely to support

12  any reasonable direct and indirect costs as listed in

13  paragraph (b). A program audit must be performed biennially

14  after the first audit.

15         (12)  Permits issued under this section must allow

16  changes within a permitted facility without requiring a permit

17  revision, if the changes are not physical changes in, or

18  changes in the method of operation of, the facility which

19  increase the amount of any air pollutant emitted by the

20  facility or which result in the emission of any air pollutant

21  not previously emitted by the facility, and the changes do not

22  exceed the emissions allowable under the permit (whether

23  expressed therein as a rate of emissions or in terms of total

24  emissions), provided that the facility provides the

25  administrator and the department with 30 days' written,

26  advance notice of the proposed changes. The department shall

27  adopt rules implementing this flexibility requirement.

28         (13)(a)  In order to ensure statewide consistency in

29  the implementation of the national Acid Deposition Control

30  Allowance Transfer System, a department district office or

31  local pollution control program may not issue or administer

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  permits under this section for any electrical power plant or

 2  any source that participates in the allowance transfer system.

 3         (b)  For emission units that are subject to continuous

 4  monitoring requirements under 42 U.S.C. ss. 7661-7661f or 40

 5  C.F.R. part 75, compliance with nitrogen oxides emission

 6  limits shall be demonstrated based on a 30-day rolling

 7  average, except as specifically provided by 40 C.F.R. part 60

 8  or part 76.

 9         (14)  In order to ensure statewide consistency in the

10  permitting of major sources, a local pollution control program

11  may not issue permits under this section for sources that

12  belong to Major Group 26, Paper and Allied Products; for

13  sources that belong to Major Group 28, Chemicals and Allied

14  Products; or for sources that belong to Industry Number 2061,

15  Cane Sugar, Except Refining, as defined in the Standard

16  Industrial Classification Manual, 1987.

17         (15)  Any permittee that operates in compliance with an

18  air-operation permit issued under this section is deemed to be

19  in compliance with applicable permit requirements of the Clean

20  Air Act and all implementing state, local, and federal air

21  pollution control rules and regulations and all provisions of

22  this chapter, relating to air pollution, and rules adopted

23  thereunder.

24         (16)  The department shall adopt a rule to provide for

25  a procedure for notice to the appropriate approved local

26  pollution control programs, pursuant to s. 403.182, of any

27  draft permits, amended draft permits, or final permits issued

28  by the department.

29         (17)  The administrator of the United States

30  Environmental Protection Agency may intervene as a matter of

31  right in any administrative or judicial proceeding relating to

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                                                  SENATE AMENDMENT

    Bill No. SB 1896

    Amendment No.    





 1  an operation permit for a major source of air pollution

 2  required under this section.

 3         (18)  The department shall require certification of all

 4  applications, submittals, and reports by a responsible

 5  official of a major source of air pollution and shall require

 6  the inclusion of those specific federal requirements listed at

 7  42 U.S.C. s. 7661a(f)(1), (2), and (3) in all permits to which

 8  such terms apply.

 9

10  (Redesignate subsequent sections.)

11

12

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

14  And the title is amended as follows:

15         On page 17, line 30, after the second semicolon

16

17  insert:

18         amending s. 403.0872, F.S.; providing for a

19         separate Acid Rain permit;

20

21

22

23

24

25

26

27

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29

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31

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