Senate Bill 1896

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    Florida Senate - 2000                                  SB 1896

    By Senator Laurent





    17-1147A-00

  1                      A bill to be entitled

  2         An act relating to air pollution permits;

  3         authorizing citrus juice-processing facilities

  4         to comply with specified emissions standards in

  5         lieu of obtaining air pollution construction

  6         and operating permits under ch. 403, F.S.;

  7         providing for emissions trading; requiring

  8         fees; providing for exceptions; requiring

  9         rulemaking; providing for a report to the

10         Legislature; requiring submission of the law

11         for approval by the United States Environmental

12         Protection Agency within specified time limits;

13         authorizing the Department of Environmental

14         Protection to explore alternative permitting;

15         providing an effective date.

16

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

18

19         Section 1.  Emissions standards.--Notwithstanding the

20  permit requirements of sections 403.087(1) and 403.0872,

21  Florida Statutes, effective July 1, 2002, all citrus

22  juice-processing facilities must comply with this section in

23  lieu of obtaining air-pollution construction and operation

24  permits.

25         (1)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Department" means the Department of Environmental

27  Protection.

28         (b)  "Existing sources" means emissions units

29  constructed or modified before July 1, 2000.

30         (c)  "Facility" means all emissions units at a plant

31  that processes citrus fruit to produce single-strength or

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  1  frozen concentrated juice and other products and by-products

  2  identified by Major Group Standard Industrial Classification

  3  Codes 2033, 2037, and 2048 which are located within a

  4  contiguous area and are owned or operated under common

  5  control, along with all emissions units located in the

  6  contiguous area and under the same common control which

  7  directly support the operation of the citrus juice processing

  8  function.

  9         (d)  "New sources" means emissions units constructed or

10  modified on or after July 1, 2000.

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

12  authorized to construct and operate under this section shall

13  operate within the most stringent of the following emissions

14  limits for each new and existing source:

15         (a)  The lowest emissions limit required by any

16  standard promulgated by the United States Environmental

17  Protection Agency.

18         (b)  Each facility shall comply with the emission

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

20  which time the requirements of paragraphs (c)-(g) shall

21  supersede the emission limitations of its Title V permit.

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

23  compounds, the level of emissions achievable by a 65 percent

24  recovery of oil from citrus fruits processed as determined by

25  the methodology described in sub-subparagraph (4)(a)1.a.

26         (d)  After October 31, 2002, a facility may not fire

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

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

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

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

31  10 microns or less, the emissions level, expressed in pounds

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  1  per million British Thermal Units of heat input, unless

  2  otherwise specified, established for the following types of

  3  new and existing sources:

  4         1.  Citrus peel dryer, regardless of production

  5  capacity, 15 lb/hour.

  6         2.  Pellet cooler or cooling reel, regardless of

  7  production capacity, 5 lb/hour.

  8         3.  Process steam boiler:

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

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

11  natural gas, propane, or biogas, not limited;

12         b.  New sources fired with fuel oil, 0.10 lb/mmBtu.

13         c.  A process steam boiler may not fire any fuel other

14  than natural gas, propane, biogas, or fuel oil. A process

15  steam boiler may not fire used oil.

16         4.  Combustion turbine:

17         a.  Existing sources regardless of fuel, not limited;

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

19  biogas, not limited;

20         c.  New sources fired with fuel oil, 0.10 lb/mmBtu;

21         d.  A combustion turbine may not fire any fuel other

22  than natural gas, propane, biogas, or fuel oil. A combustion

23  turbine may not fire used oil.

24         5.  Duct burner:

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

26  propane, or biogas, not limited;

27         b.  New and existing sources fired with fuel oil, 0.10

28  lb/mmBtu;

29         c.  A duct burner may not fire any fuel other than

30  natural gas, propane, biogas, or fuel oil. A duct burner may

31  not fire used 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 g/kg of glass

  4  produced.

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

  6  process input rate of 17.92 tons per hour, 0.54 g/kg of glass

  7  produced.

  8         c.  A glass plant furnace may not fire any fuel other

  9  than natural gas, propane, biogas, or fuel oil. A glass plant

10  furnace may not fire used oil.

11         7.  Biogas flare for anaerobic reactor, not limited.

12         8.  Emergency generator, not limited.

13         9.  Volatile organic compound emission control

14  incinerator, not limited.

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

16  emissions level, expressed in pounds of nitrogen dioxide per

17  million British Thermal Units of heat produced, unless

18  otherwise specified, established for the following types of

19  new and existing sources:

20         1.  Citrus peel dryer:

21         a.  Sources that are constructed or modified on or

22  before August 7, 1980, not limited.

23         b.  Sources that are constructed or modified after

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

25  d-limonene, or distillate oil, 0.20 lb/mmBtu.

26         c.  Sources that are constructed or modified after

27  August 7, 1980, that fire residual fuel oil, 0.34 lb/mmBtu.

28         2.  Process steam boiler:

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

30  biogas, d-limonene, or fuel oil, not limited.

31

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

  2  biogas, d-limonene, or fuel oil, 0.10 lb/mmBtu.

  3         3.  Combustion turbine:

  4         a.  Existing sources regardless of fuel:

  5         (I)  Existing combustion turbine of approximately 425

  6  mmBtu/hr heat input capacity, 73 lb/hr;

  7         (II)  Existing combustion turbines of approximately 50

  8  mmBtu/hr heat input capacity, each, constructed before July

  9  1999, 168 ppmvd at 15 percent O2;

10         (III)  Existing combustion turbine of approximately 50

11  mmBtu/hr heat input capacity, constructed after July 1999, 50

12  ppmvd at 15 percent O2;

13         b.  New sources with less than 50 MW of mechanically

14  generated electrical capacity, regardless of fuel, 25 ppmvd at

15  15 percent O2.

16         c.  New sources with greater than or equal to 50 MW of

17  mechanically generated electrical capacity, regardless of

18  fuel, 3.5 ppmvd at 15 percent O2.

19         4.  Duct burner:

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

21  biogas, or fuel oil, not limited;

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

23  biogas, or fuel oil, 0.20 lb/mmBtu.

24         5.  Glass plant furnace:

25         a.  Existing sources regardless of production capacity,

26  not limited.

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

28  regardless of production capacity, 5.5 lb/ton of glass

29  produced.

30         6.  Biogas flare for anaerobic reactor, not limited.

31         7.  Emergency generator, not limited.

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  1         8.  Volatile organic compound emission control

  2  incinerator, not limited.

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

  4  level of visible emissions at all times during operation,

  5  expressed as a percent of opacity, established for the

  6  following types of emission sources:

  7         1.  Citrus peel dryer, 20 percent.

  8         2.  Pellet cooler or cooling reel, 5 percent.

  9         3.  Process steam boiler, 20 percent.

10         4.  Combustion turbine, 10 percent.

11         5.  Duct burner, limited to the visible emissions limit

12  of the associated combustion turbine.

13         6.  Glass plant furnace, 20 percent.

14         7.  Biogas flare for anaerobic reactor, 5 percent.

15         8.  Emergency generator, 20 percent.

16         9.  Lime storage silo, 5 percent.

17         10.  Volatile organic compound emission control

18  incinerator, 5 percent.

19         (3)  EMISSIONS DETERMINATION AND REPORTING.--

20         (a)  All information submitted to the department by

21  facilities authorized to operate under this section must be

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

23  official of the facility. The term "responsible official," for

24  purposes of this section, means that person who would be

25  allowed to certify information and take action under the

26  department's Title V permitting rules.

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

28  any standard promulgated by the United States Environmental

29  Protection Agency must be determined and reported by a

30  responsible official of the facility in accordance with the

31

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  1  promulgated requirement. Reports required by this section must

  2  be certified and submitted to the department.

  3         (c)  All emissions units subject to any enhanced

  4  monitoring requirement under any regulation promulgated by the

  5  United States Environmental Protection Agency must comply with

  6  the requirement.

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

  8  paragraphs (2)(b) through (2)(f) must be determined on a

  9  calendar-year basis and reported to the department, by a

10  responsible official of the facility, no later than April 1 of

11  the following year. Emissions must be determined for each

12  emissions unit by means of recordkeeping, test methods, units,

13  averaging periods, or other statistical conventions that yield

14  reliable data; are consistent with the emissions limit being

15  measured; are representative of the unit's actual performance;

16  and are sufficient to show the actual emissions of the unit.

17         (e)  Each facility authorized to operate under this

18  section shall submit annual operating reports in accordance

19  with department rules.

20         (f)  Each facility shall have a responsible official

21  provide and certify the annual and semi-annual statements of

22  compliance required under the department's Title V permitting

23  rules.

24         (g)  Each facility shall have a responsible official

25  provide the department with sufficient information to

26  determine compliance with this section and all applicable

27  department rules, upon request of the department.

28         (h)  Records sufficient to demonstrate compliance with

29  this section and all applicable department rules must be made

30  and maintained available at the facility, for a period of 5

31

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  1  years, for inspection by the department during normal business

  2  hours.

  3         (i)  Emission sources subject to limitations for

  4  particulate matter and nitrogen oxides of paragraphs (2)(e)

  5  and (f) shall test emissions annually in accordance with

  6  department rules using EPA test methods.

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

  8  may be conducted using EPA Method 5, if all measured

  9  particulate matter is assumed to be 10 microns or less. Tests

10  for compliance with the particulate matter emission limit of

11  subparagraph (2)(e)2. for the pellet cooler or cooling reel

12  are waived as long as the facility complies with the visible

13  emissions limitation of subparagraph (2)(g)2. If any visible

14  emissions test for the pellet cooler or cooling reel does not

15  demonstrate compliance with the visible emissions limitation

16  of subparagraph (2)(g)2., the emissions unit must be tested

17  for compliance with the particulate matter emission limit of

18  subparagraph (2)(e)2. within 30 days after the visible

19  emissions test.

20         2.  Tests for visible emissions must be conducted using

21  EPA Method 9. Annual tests for visible emissions are not

22  required for biogas flares, emergency generators, and volatile

23  organic compound emission control incinerators.

24         3.  Tests for nitrogen oxides must be conducted using

25  EPA Method 7E.

26         (j)  Measurement of the sulfur content of fuel oil must

27  be by the latest ASTM methods suitable for determining sulfur

28  content. Sulfur dioxide emissions must be determined by

29  material balance using the sulfur content and amount of the

30  fuel fired in each emission source, assuming that for each

31

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  1  pound of sulfur in the fuel fired, two pounds of sulfur

  2  dioxide are emitted.

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

  4  any emission limit listed at paragraph (2)(c), for any such

  5  limit which the facility exceeded during the calendar year,

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

  7  reporting year, sufficient allowances, generated in the same

  8  calendar year as the excess, to meet all limits exceeded. Any

  9  facility that fails to meet any limit and fails to secure

10  sufficient allowances that equal or exceed the emissions

11  resulting from the failure to meet the limit is subject to

12  enforcement in the same manner and to the same extent as if

13  the facility had violated a permit condition. An allowance,

14  for purposes of this section, means a credit equal to

15  emissions of 1 ton per year of a pollutant listed at paragraph

16  (2)(c), subject to the particular limitations of paragraphs

17  (a) and (b).

18         (a)  Emissions allowances may be obtained from any

19  other facility authorized to operate under this section, if

20  allowances are resulting from real excess, and are not

21  resulting from the shutdown of an emissions unit. Emissions

22  allowances must be obtained for each pollutant for which an

23  excess over the emissions limit occurred in the calendar year.

24  Allowances can be applied on a pollutant-specific basis only.

25  A cross-pollutant trading is not allowed.

26         1.  Real allowances are those created by the difference

27  between the emissions limit imposed by this section and the

28  lower emissions actually measured during the calendar year.

29  Measurement of emissions for allowance purposes shall be

30  determined in the manner described in this subparagraph. For

31  purposes of measuring whether an allowance was created, a

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  1  single stack test or use of emissions estimates cannot be

  2  used. Measurement of recovery of oil from citrus fruits

  3  processed must be by material balance using the measured oil

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

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

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

  7  as a percentage. Measurement of recovery of oil must be made

  8  each operational day and averaged over the days of facility

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

10  fruit and peel must be determined using methods approved by

11  the department. Facilities may accept wet peel from off-site

12  sources for drying if the facility receives sufficient

13  recorded information from the off-site source to measure

14  available oil and oil recovery at the off-site source, and

15  accounts for those values in determining compliance with the

16  limitation of paragraph (2)(c), and the number of allowances

17  that are required to be obtained, if any. Methodologies for

18  determining oil contents shall be developed by IFAS and

19  approved by the department.

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

21  regulatory purpose.

22         (b)  A facility located in an area designated as

23  nonattainment for a pollutant is not allowed to acquire

24  allowances of that pollutant for any regulatory purpose. A

25  facility located in an area designated as nonattainment for

26  ozone is not allowed to acquire allowances of any nitrogen

27  oxide, including nitrogen dioxide, or of volatile organic

28  compounds for any regulatory purpose.

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

30  operate under this section shall pay annual emissions fees in

31  the same amount as the facility would be subject to under the

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  1  department's Title V program. For purposes of determining fees

  2  until the effective date of the limitations of this section,

  3  emission fees must be based on the requirements of section

  4  403.0872, Florida Statutes. Upon the effective date of the

  5  limitations of this section, the allowable annual emissions

  6  for fee purposes must be computed as the emissions limits

  7  established by this section multiplied by the actual operation

  8  rates, heat input, and hours of operation of each new and

  9  existing source for the previous calendar year. Actual

10  operation rates, heat input, and hours of operation of each

11  new and existing source must be documented by making and

12  maintaining records of operation of each source. Fees may not

13  be based on stack test results. If adequate records of

14  operation are not maintained, actual operation is assumed to

15  occur at the source's maximum capacity from January 1 through

16  May 31 and from October 1 through December 31 of the previous

17  calendar year. All annual emissions fees are due and payable

18  April 1 for the preceding calendar year. Failure to pay fees

19  will result in interest and penalties to the same extent as

20  failure to pay fees under the department's Title V program.

21  For purposes of determining actual emissions for fee purposes,

22  any allowances traded away must be deducted and any allowances

23  acquired must be included. All fees must be deposited into the

24  Air Pollution Control Trust Fund.

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

26  facility or any facility authorized to operate under this

27  section which makes any physical change or change to the

28  method of operation shall comply with the requirements of this

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

30  area designated as nonattainment for any pollutant shall also

31  comply with limits established by department rules for all

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  1  changes that increase emissions of that pollutant, and except

  2  that any facility that becomes subject to the federal acid

  3  rain program is no longer authorized to construct or operate

  4  under this section and must obtain proper department permits.

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

  6  administer this section. The rules must, to the maximum extent

  7  practicable, assure compliance with substantive Clean Air Act

  8  requirements. To the extent the rules provide for establishing

  9  Best Available Control Technology, Lowest Achievable Emissions

10  Rate, or case-by-case Maximum Achievable Control Technology,

11  the rules are not subject to the requirement of section

12  120.54, Florida Statutes, for adoption of the lowest

13  regulatory cost alternative.

14         (8)  REPORT TO THE LEGISLATURE.--By March 2004, the

15  department, after consultation with the citrus industry, shall

16  report to the Legislature concerning implementation of this

17  section and shall make recommendations for any changes

18  necessary to improve implementation.

19         (9)  FEDERAL APPROVAL.--By October 1, 2000, the

20  department shall submit this law to the United States

21  Environmental Protection Agency as a revision of Florida's

22  State Implementation Plan and as a revision of Florida's

23  approved state Title V program. If the United States

24  Environmental Protection Agency fails to approve this law as a

25  revision of Florida's State Implementation Plan within 2 years

26  after submittal, this law does not apply for construction

27  requirements, and the facilities must comply with all

28  construction permitting requirements including those for

29  Prevention of Significant Deterioration, and must make

30  application for construction permits for any construction or

31  modification at the facility which was not undertaken in

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  1  compliance with all permitting requirements of the Florida

  2  State Implementation Plan, within 3 months thereafter. If the

  3  United States Environmental Protection Agency fails to approve

  4  this law as a revision of Florida's approved state Title V

  5  program within 2 years after submittal, this law does not

  6  apply for operation requirements, and the facilities must

  7  immediately comply with all Title V program requirements, and

  8  must make application for Title V operation permits within 3

  9  months thereafter.

10         Section 2.  Notwithstanding any law to the contrary,

11  the Department of Environmental Protection is granted limited

12  authority to explore alternatives to traditional methods of

13  regulatory permitting if there is no material increase in

14  pollution emissions. Working with industry, business

15  associations, and other state agencies, the department is

16  directed to look at specific limited projects to test new

17  compliance measures. Any pilot projects initiated to carry out

18  this section may operate for a period of no more than 3 years

19  unless the Legislature enacts law to continue that pilot. The

20  department shall submit a report to the President of the

21  Senate and the Speaker of the House of Representatives before

22  implementation of any regulatory activities under this

23  section.

24         Section 3.  This act shall take effect July 1, 2000.

25

26            *****************************************

27                          SENATE SUMMARY

28    Authorizes citrus juice-processing facilities to operate
      under specified emissions limitations rather than air
29    pollution construction and operating permits under
      chapter 403, Florida Statutes, beginning July 1, 2002.
30    Requires submission of the law for approval by the United
      States Environmental Protection Agency. Authorizes the
31    Department of Environmental Protection to explore
      alternative permitting procedures.
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