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
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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
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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
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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.
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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.
13