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





                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Laurent moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 19, between lines 20 and 21,

15

16  insert:

17         Section 9.  Section 403.08725, Florida Statutes, is

18  created to read:

19         403.08725  Citrus juice processing facilities.--

20         (1)  COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective

21  July 1, 2002, all existing citrus juice processing facilities

22  shall comply with the provisions of this section in lieu of

23  obtaining air pollution construction and operation permits,

24  notwithstanding the permit requirements of ss. 403.087(1) and

25  403.0872. For purposes of this section, "existing juice

26  processing facility" means any facility that currently has air

27  pollution construction or operation permits issued by the

28  department with a fruit processing capacity of 2 million boxes

29  per year or more. For purposes of this section, "facility"

30  means all emissions units at a plant that processes citrus

31  fruit to produce single-strength or frozen concentrated juice

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1  and other products and byproducts identified by Major Group

 2  Standard Industrial Classification Codes 2033, 2037, and 2048

 3  which are located within a contiguous area and are owned or

 4  operated under common control, along with all emissions units

 5  located in the contiguous area and under the same common

 6  control which directly support the operation of the citrus

 7  juice processing function. For purposes of this section,

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

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

10  of this section, "department" means the Department of

11  Environmental Protection. Notwithstanding any other provision

12  of law to the contrary, for purposes of the permitted emission

13  limits of this section, "new sources" means emissions units

14  constructed or added to a facility on or after July 1, 2000,

15  and "existing sources" means emissions units constructed or

16  modified before July 1, 2000.

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

18  authorized to construct and operate under this section shall

19  operate within the most stringent of the emissions limits set

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

21         (a)  Any applicable standard promulgated by the United

22  States Environmental Protection Agency.

23         (b)  Each facility shall comply with the emissions

24  limitations of its Title V permit, and any properly issued and

25  certified valid preconstruction permits, until October 31,

26  2002, at which time the requirements of this section shall

27  supersede the requirements of the permits. Nothing in this

28  paragraph shall preclude the department's authority to

29  evaluate past compliance with all department rules.

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

31  compounds, the level of emissions achievable by a 50-percent

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1  recovery of oil from citrus fruits processed as determined by

 2  the methodology described in subparagraph (4)(a)1. One year

 3  after EPA approval pursuant to subsection (9), for volatile

 4  organic compounds, the level of emissions achievable by a 65

 5  percent recovery of oil from citrus fruits processed as

 6  determined by the methodology described in subparagraph

 7  (4)(a)1.

 8         (d)  After October 31, 2002, except as otherwise

 9  provided herein, no facility shall fire fuel oil containing

10  greater than 0.5 percent sulfur by weight. Those facilities

11  without access to natural gas shall be limited to fuel oil

12  containing no greater than 1 percent sulfur by weight.  In

13  addition, facilities may use fuel oil with no greater than 1.5

14  percent sulfur by weight for up to 400 hours per calendar

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

16  The use of d-limonene as a fuel is not limited by this

17  paragraph.

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

19  10 microns or less, the emissions levels, expressed in pounds

20  per million British thermal units of heat input, unless

21  otherwise specified, are established for the following types

22  of new and existing sources:

23         1.  Citrus peel dryer, regardless of production

24  capacity:  15 pounds per hour.

25         2.  Pellet cooler or cooling reel, regardless of

26  production capacity:  5 pounds per hour.

27         3.  Process steam boiler:

28         a.  Sources fired with natural gas, propane, ethanol,

29  biogas, or d-limonene:  not limited.

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

31  million British thermal units.

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1

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

 3  gas, propane, ethanol, biogas, d-limonene, or fuel oil. No

 4  process steam boiler shall fire used oil.

 5         4.  Combustion turbine:

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

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

 8  biogas:  not limited.

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

10  million British thermal units.

11

12  No combustion turbine shall fire any fuel other than natural

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

14  shall fire used oil.

15         5.  Duct burner:

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

17  propane, or biogas:  not limited.

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

19  pounds per million British thermal units.

20

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

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

23  oil.

24         6.  Glass plant furnace: existing sources with a

25  maximum non-cullet material process input rate of 18 tons per

26  hour; hourly emissions limited as determined by the following

27  equation:  Emission limit (pounds per hour) = 3.59 x (process

28  rate, tons per hour raised to the 0.62 power). No glass plant

29  furnace shall fire any fuel other than natural gas, propane,

30  biogas, d-limonene, or fuel oil. No glass plant furnace shall

31  fire used oil.

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





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

 2         8.  Emergency generator:  not limited.

 3         9.  Volatile organic compounds emission control

 4  incinerator:  not limited.

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

 6  emissions levels, expressed in pounds of nitrogen dioxide per

 7  million British thermal units of heat produced, unless

 8  otherwise specified, are established for the following types

 9  of new and existing sources:

10         1.  Citrus peel dryer:

11         a.  Sources that fire natural gas, propane, ethanol,

12  biogas, or d-limonene:  not limited.

13         b.  Sources that fire fuel oil:  0.34 pounds per

14  million British thermal units.

15         2.  Process steam boiler:

16         a.  New sources with a heat input capacity of 67

17  million British thermal units per hour or less and existing

18  sources regardless of heat input capacity: not limited.

19         b.  New sources with a heat input capacity of more than

20  67 million British thermal units per hour:  0.10 pounds per

21  million British thermal units.

22         3.  Combustion turbine:

23         a.  Existing sources regardless of fuel:

24         (I)  Existing combustion turbine of approximately 425

25  million British thermal units per hour heat input capacity:

26  42 parts per million volume dry at 15 percent oxygen.

27         (II)  Existing combustion turbines of approximately 50

28  million British thermal units per hour heat input capacity

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

30  volume dry at 15 percent oxygen.

31         (III)  Existing combustion turbine of approximately 50

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1  million British thermal units per hour heat input capacity,

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

 3  at 15 percent oxygen.

 4         b.  New sources with less than 50 megawatts of

 5  mechanically generated electrical capacity, regardless of

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

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

 8  megawatts of mechanically generated electrical capacity,

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

10  percent oxygen.

11         4.  Duct burner:

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

13  or biogas:  not limited.

14         b.  Sources fired with fuel oil:  0.20 pounds per

15  million British thermal units.

16         5.  Glass plant furnace:

17         a.  Existing sources regardless of production capacity:

18  not limited.

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

20  regardless of production capacity:  5.5 pounds per ton of

21  glass produced.

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

23         7.  Emergency generator:  not limited.

24         8.  Volatile organic compound emission control

25  incinerator:  not limited.

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

27  levels of visible emissions at all times during operation,

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

29  following types of emission sources:

30         1.  Citrus peel dryer:  20 percent.

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

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1         3.  Process steam boiler:  20 percent.

 2         4.  Combustion turbine:  10 percent.

 3         5.  Duct burner:  limited to the visible emissions

 4  limit of the associated combustion turbine.

 5         6.  Glass plant furnace:  20 percent.

 6         7.  Biogas flare for anaerobic reactor:  20 percent.

 7         8.  Emergency generator:  20 percent.

 8         9.  Lime storage silo:  10 percent.

 9         10.  Volatile organic compounds emission control

10  incinerator:  5 percent.

11         (3)  EMISSIONS DETERMINATION AND REPORTING.--

12         (a)  All information submitted to the department by

13  facilities authorized to operate under this section shall be

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

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

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

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

18  Title V permitting rules.

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

20  any standard promulgated by the United States Environmental

21  Protection Agency must be determined and reported by a

22  responsible official of the facility in accordance with the

23  promulgated requirement. Reports required by this section

24  shall be certified and submitted to the department.

25         (c)  All emissions units subject to any enhanced

26  monitoring requirement under any regulation promulgated by the

27  United States Environmental Protection Agency must comply with

28  such requirement.

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

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

31  basis and reported to the department by a responsible official

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





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

 2  Emissions shall be determined for each emissions unit by means

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

 4  other statistical conventions which yield reliable data; are

 5  consistent with the emissions limit being measured; are

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

 7  sufficient to show the actual emissions of the unit.

 8         (e)  Each facility authorized to operate under this

 9  section shall submit annual operating reports in accordance

10  with department rules.

11         (f)  Each facility shall have a responsible official

12  provide and certify the annual and semiannual statements of

13  compliance required under the department's Title V permitting

14  rules.

15         (g)  Each facility shall have a responsible official

16  provide the department with sufficient information to

17  determine compliance with all provisions of this section and

18  all applicable department rules, upon request of the

19  department.

20         (h)  Records sufficient to demonstrate compliance with

21  all provisions of this section and all applicable department

22  rules shall be made available and maintained at the facility

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

24  during normal business hours.

25         (i)  Emission sources subject to limitations for

26  particulate matter, nitrogen oxides, and visible emissions

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

28  annually, except as provided in subparagraphs 1.-4., in

29  accordance with department rules using United States

30  Environmental Protection Agency test methods or other test

31  methods specified by department rule.

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





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

 2  may be conducted using United States Environmental Protection

 3  Agency Method 5, provided that all measured particulate matter

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

 5  Tests for compliance with the particulate matter emission

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

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

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

 9  any visible emissions test for the pellet cooler or cooling

10  reel does not demonstrate compliance with the visible

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

12  unit shall be tested for compliance with the particulate

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

14  after the visible emissions test.

15         2.  Tests for visible emissions shall be conducted

16  using United States Environmental Protection Agency Method 9.

17  Annual tests for visible emissions are not required for biogas

18  flares, emergency generators, and volatile organic compounds

19  emission control incinerators.

20         3.  Tests for nitrogen oxides shall be conducted using

21  Environmental Protection Agency Method 7E.

22         4.  Tests for particulate matter of 10 microns or less

23  for process steam boilers, combustion turbines, and duct

24  burners, and tests for nitrogen oxides for citrus peel dryers,

25  process steam boilers, and duct burners, are not required

26  while firing fuel oil in any calendar year in which these

27  sources did not fire fuel oil for more than 400 hours.

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

29  shall be by latest American Society for Testing and Materials

30  methods suitable for determining sulfur content. Sulfur

31  dioxide emissions shall be determined by material balance

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





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

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

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

 4  emitted.

 5         (k)  A situation arising from sudden and unforeseeable

 6  events beyond the control of the source which causes a

 7  technology-based emissions limitation to be exceeded because

 8  of unavoidable increases in emissions attributable to the

 9  situation and which requires immediate corrective action to

10  restore normal operation shall be an affirmative defense to an

11  enforcement action in accordance with the provisions and

12  requirements of 40 CFR 70.6(g)(2) and (3), hereby adopted and

13  incorporated by reference as the law of this state. It shall

14  not be a defense for a permittee in an enforcement action that

15  maintaining compliance with any permit condition would

16  necessitate halting of or reduction of the source activity.

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

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

19  limit which the facility exceeded during the calendar year,

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

21  reporting year, sufficient allowances, generated in the same

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

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

24  and fails to secure sufficient allowances that equal or exceed

25  the emissions resulting from such failure to meet the limit

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

27  same extent as if the facility had violated a permit

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

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

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

31  limitations of paragraphs (a) and (b).

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 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. Alternatively, the material balance may use

22  the measured oil in the incoming fruit divided into the oil

23  measured remaining in the pressed peel prior to introduction

24  into the feed mill dryers, in which case the decimal result

25  shall be subtracted from the numeral one, and added to the

26  decimal result of the measured oil in the incoming fruit

27  divided into the oil measured remaining in the dried pellets,

28  with the resulting sum expressed as a percentage. Measurement

29  of recovery of oil shall be made each operational day and

30  averaged over the days of facility operation during each

31  calendar year. Facilities may accept wet peel from offsite

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1  sources for drying, provided that the facility receives

 2  sufficient recorded information from the offsite source to

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

 4  and accounts for those values in determining compliance with

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

 6  allowances that are required to be obtained, if any. Wet peel

 7  not processed through the peel dryer shall be excluded from

 8  the oil recovery calculations. Methodologies for determining

 9  oil contents shall be developed by the Institute of Food and

10  Agricultural Sciences and approved by rule of the department.

11  Other methods of measuring oil recovery or determining oil

12  content may be approved by rule of the department, for trading

13  purposes, provided the methods yield results equivalent to the

14  approved methodologies.

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

16  regulatory purpose.

17         (b)  No facility located in an area designated

18  nonattainment for ozone shall be allowed to acquire allowances

19  of volatile organic compounds. Nothing shall preclude such a

20  facility from trading volatile organic compounds allowances

21  that it might generate to facilities not located in a

22  nonattainment area for ozone.

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

24  operate under this section shall pay annual emissions fees in

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

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

27  fees until October 31, 2002, emission fees shall be based on

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

29  allowable annual emissions for fee purposes shall be computed

30  as the emissions limits established by this section multiplied

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

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1  operation of each new and existing source for the previous

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

 3  of operation of each new and existing source shall be

 4  documented by making and maintaining records of operation of

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

 6  the event that adequate records of actual operation rates and

 7  heat input are not maintained, actual operation shall be

 8  assumed to occur at the source's maximum capacity during hours

 9  of actual operation, if adequately documented. In the event

10  that adequate records of hours of operation are not

11  maintained, the source shall be assumed to have operated from

12  January 1 through May 31 and October 1 through December 31 of

13  the previous calendar year. All such annual emissions fees

14  shall be due and payable April 1 for the preceding calendar

15  year. Failure to pay fees shall result in penalties and

16  interest in the same manner and to the same extent as failure

17  to pay fees under the department's Title V program. For

18  purposes of determining actual emissions for fee purposes, any

19  allowances traded away shall be deducted and any allowances

20  acquired shall be included. All fees shall be deposited into

21  the Air Pollution Control Trust Fund.

22         (6)  MODIFICATIONS AND NEW CONSTRUCTION.--Any facility

23  authorized to operate under this section that makes any

24  physical change or any change to the method of operation of

25  the facility shall comply with the requirements of this

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

27  area designated as a nonattainment area for any pollutant

28  shall also comply with limits established by department rules

29  for all changes which increase emissions of such pollutant,

30  and except that any facility that becomes subject to the

31  federal acid rain program is no longer authorized to construct

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1  or operate under this section and must obtain proper

 2  department permits.

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

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

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

 6  practicable, assure compliance with substantive federal Clean

 7  Air Act requirements.

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

 9  department, after consultation with the citrus industry, shall

10  report to the Legislature concerning the implementation of

11  this section, and shall make recommendations for any changes

12  necessary to improve implementation.

13         (9)  ENVIRONMENTAL PROTECTION AGENCY APPROVAL.--No

14  later than February 1, 2001, the department shall submit this

15  act to the United States Environmental Protection Agency as a

16  revision of Florida's state implementation plan and as a

17  revision of Florida's approved state Title V program.  If the

18  United States Environmental Protection Agency fails to approve

19  this act as a revision of Florida's state implementation plan

20  within 2 years after submittal, this act shall not apply with

21  respect to construction requirements for facilities subject to

22  regulation under the act, and the facilities subject to

23  regulation thereunder must comply with all construction

24  permitting requirements, including those for prevention of

25  significant deterioration, and must make application for

26  construction permits for any construction or modification at

27  the facility which was not undertaken in compliance with all

28  permitting requirements of the Florida state implementation

29  plan, within 3 months thereafter.  If the United States

30  Environmental Protection Agency fails to approve this act as a

31  revision of Florida's approved state Title V program within 2

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1  years after submittal, this act shall not apply with respect

 2  to operation requirements, and all facilities subject to

 3  regulation under the act must immediately comply with all

 4  Title V program requirements and must make application for

 5  Title V operation permits within 3 months thereafter.

 6         Section 10.  Subsection (16) is added to section

 7  120.80, Florida Statutes, to read:

 8         120.80  Exceptions and special requirements;

 9  agencies.--

10         (16)  DEPARTMENT OF ENVIRONMENTAL

11  PROTECTION.--Notwithstanding the provisions of s.

12  120.54(1)(d), the Department of Environmental Protection, in

13  undertaking rulemaking to establish best available control

14  technology, lowest achievable emissions rate, or case-by-case

15  maximum available control technology for purposes of s.

16  403.08725, shall not adopt the lowest regulatory cost

17  alternative if such adoption would prevent the agency from

18  implementing federal requirements.

19         Section 11.  The Department of Environmental Protection

20  is directed to explore alternatives to traditional methods of

21  regulatory permitting, provided that such alternative methods

22  will not allow a material increase in pollution emissions or

23  discharges.  Working with industry, business associations,

24  other government agencies, and interested parties, the

25  department is directed to consider specific limited pilot

26  projects to test new compliance measures.  These measures

27  should include, but not be limited to, reducing transaction

28  costs for business and government and providing economic

29  incentives for emissions reductions.  The department shall

30  report to the Legislature prior to implementation of a pilot

31  project initiated pursuant to this section.

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1         Section 12.  The introductory paragraph of section

 2  403.0872, Florida Statutes, is amended to read:

 3         403.0872  Operation permits for major sources of air

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

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

 6  received from the United States Environmental Protection

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

 8  pollution, including electrical power plants certified under

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

10  permit for a major source of air pollution under this section.

11  This operation permit, which is the only department operation

12  permit for a major source of air pollution required for such

13  source; provided, at the applicant's request, the department

14  shall issue a separate Acid Rain permit for a major source of

15  air pollution that is an affected source within the meaning of

16  42 U.S.C. s. 7651a(1). Operation permits for major sources of

17  air pollution, except general permits issued pursuant to s.

18  403.814, must be issued in accordance with the following

19  procedures contained in this section and in accordance with

20  chapter 120; however, to the extent that chapter 120 is

21  inconsistent with the provisions of this section, the

22  procedures contained in this section prevail.:

23

24  (Redesignate subsequent sections.)

25

26

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

28  And the title is amended as follows:

29         On page 2, line 23, after the semicolon

30

31  insert:

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





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

 2         requirements for citrus juice processing

 3         facilities with respect to obtaining air

 4         pollution, construction, and operations

 5         permits; providing definitions; providing

 6         emissions limits for such facilities; requiring

 7         certification of information submitted by

 8         citrus juice processing facilities to the

 9         Department of Environmental Protection;

10         providing requirements with respect to

11         determination and reporting of facility

12         emissions; requiring the submission of annual

13         operating reports; requiring maintenance of

14         records; providing an affirmative defense to

15         certain enforcement actions; adopting and

16         incorporating specified federal regulations by

17         reference; providing requirements,

18         specifications, and restrictions with respect

19         to air emissions trading; providing for annual

20         emissions fees; providing penalty for failure

21         to pay fees; providing for deposit of fees in

22         the Air Pollution Control Trust Fund; providing

23         requirements with respect to construction of

24         new facilities or modification of existing

25         facilities; providing for the adoption of rules

26         by the department; requiring the department to

27         provide a report to the Legislature; providing

28         for submission of the act to the United States

29         Environmental Protection Agency; providing for

30         applicability of the act and compliance

31         requirements for facilities in the event of

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                                                  SENATE AMENDMENT

    Bill No. SB 436, 1st Eng.

    Amendment No.    





 1         federal nonapproval; amending s. 120.80, F.S.;

 2         providing an exception to specified rulemaking

 3         by the Department of Environmental Protection;

 4         directing the department to explore

 5         alternatives to traditional methods of

 6         regulatory permitting and to consider specific

 7         limited pilot projects to test new compliance

 8         measures; providing reporting requirements;

 9         amending s. 403.0872, F.S.; requiring the

10         Department of Environmental Protection to issue

11         a separate acid rain permit for specified major

12         sources of air pollution upon request of the

13         applicant;

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15

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