Senate Bill sb1300c1
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Florida Senate - 2003 CS for SB 1300
By the Committee on Agriculture; and Senator Alexander
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1 A bill to be entitled
2 An act relating to citrus; amending s.
3 403.08725, F.S.; redefining the terms "new
4 sources" and "existing sources"; amending
5 permitted emissions limits; providing for the
6 Department of Environmental Protection to
7 develop, by a specified deadline, management
8 practices to prevent or minimize certain
9 pollutants that are not specifically named in
10 this section; providing specific contents of
11 rules adopted by the department; providing
12 additional emissions limits; providing for the
13 expiration of the program created under this
14 section; providing prerequisites to salary
15 adjustments for certain employees of the
16 Department of Citrus; requiring the Department
17 of Citrus to publish an annual travel report;
18 providing requirements for the contents of that
19 report; providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsections (1), (2), (7), and (8) of
24 section 403.08725, Florida Statutes, are amended, and
25 subsection (10) is added to that section, to read:
26 403.08725 Citrus juice processing facilities.--
27 (1) COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective
28 July 1, 2002, all existing citrus juice processing facilities
29 shall comply with the provisions of this section in lieu of
30 obtaining air pollution construction and operation permits,
31 notwithstanding the permit requirements of ss. 403.087(1) and
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1 403.0872. For purposes of this section, "existing juice
2 processing facility" means any facility that currently has air
3 pollution construction or operation permits issued by the
4 department with a fruit processing capacity of 2 million boxes
5 per year or more. For purposes of this section, "facility"
6 means all emissions units at a plant that processes citrus
7 fruit to produce single-strength or frozen concentrated juice
8 and other products and byproducts identified by Major Group
9 Standard Industrial Classification Codes 2033, 2037, and 2048
10 which are located within a contiguous area and are owned or
11 operated under common control, along with all emissions units
12 located in the contiguous area and under the same common
13 control which directly support the operation of the citrus
14 juice processing function. For purposes of this section,
15 facilities that do not operate a citrus peel dryer are not
16 subject to the requirements of paragraph (2)(c). For purposes
17 of this section, "department" means the Department of
18 Environmental Protection. Notwithstanding any other provision
19 of law to the contrary, for purposes of the permitted emission
20 limits of this section, "new sources" means emissions units
21 constructed or added to a facility on or after July 1, 2002
22 2000, and "existing sources" means emissions units constructed
23 or modified before July 1, 2002 2000.
24 (2) PERMITTED EMISSIONS LIMITS.--All facilities
25 authorized to construct and operate under this section shall
26 operate within the most stringent of the emissions limits set
27 forth in paragraphs (a)-(g) for each new and existing source:
28 (a) Any applicable standard promulgated by the United
29 States Environmental Protection Agency.
30 (b) Each facility shall comply with the emissions
31 limitations of its Title V permit, and any properly issued and
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1 certified valid preconstruction permits, until October 31,
2 2002, at which time the requirements of this section shall
3 supersede the requirements of the permits. Nothing in this
4 paragraph shall preclude the department's authority to
5 evaluate past compliance with all department rules.
6 (c) After October 31, 2002, for volatile organic
7 compounds, the level of emissions achievable by a 50 percent
8 recovery of oil from citrus fruits processed as determined by
9 the methodology described in subparagraph (4)(a)1. One year
10 after EPA approval pursuant to subsection (9), for volatile
11 organic compounds, the level of emissions achievable by a 65
12 percent recovery of oil from citrus fruits processed as
13 determined by the methodology described in subparagraph
14 (4)(a)1.
15 (d) After October 31, 2004 2002, except as otherwise
16 provided herein, no facility with access to natural gas shall
17 fire fuel oil containing greater than 0.1 0.5 percent sulfur
18 by weight or, alternatively, operate without processes that
19 result in the equivalent of the use of such fuel. Those
20 facilities without access to natural gas shall be limited to
21 fuel oil containing no greater than 0.5 1 percent sulfur by
22 weight or, alternatively, operate without processes that
23 result in the equivalent of the use of such fuel, except that
24 all new sources at such facilities shall be limited to fuel
25 oil containing no greater than 0.1 percent sulfur by weight or
26 the equivalent of such fuel. In addition, facilities may use
27 fuel oil with no greater than 1.5 percent sulfur by weight for
28 up to 400 hours per calendar year. The use of natural gas is
29 not limited by this paragraph. The use of d-limonene as a fuel
30 is not limited by this paragraph. No source shall fire any
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1 fuel other than fuel oil, natural gas, ethanol, propane,
2 d-limonene, or biogas. No source shall fire used oil.
3 (e) All new boilers and coolers must have a stack
4 height of at least 2.5 times the height of adjacent buildings,
5 and no more than 65 meters, measured from the ground-level
6 elevation at the base of the stack.
7 (f)(e) After October 31, 2004 2002, for particulate
8 matter of 10 microns or less, the emissions levels, expressed
9 in pounds per million British thermal units of heat input,
10 unless otherwise specified, are established for the following
11 types of new and existing sources:
12 1. Citrus peel dryer, regardless of production
13 capacity: 15 pounds per hour.
14 2. Pellet cooler or cooling reel, regardless of
15 production capacity: 5 pounds per hour.
16 3. Process steam boiler:
17 a. Sources fired with natural gas, ethanol, propane,
18 ethanol, biogas, or d-limonene and existing sources fired with
19 fuel oil: not limited.
20 b. New sources fired with fuel oil: 0.05 0.10 pounds
21 per million British thermal units.
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23 No process steam boiler shall fire any fuel other than natural
24 gas, propane, ethanol, biogas, d-limonene, or fuel oil. No
25 process steam boiler shall fire used oil.
26 4. Combustion turbine:
27 a. Existing sources regardless of fuel: not limited.
28 b. New sources fired with natural gas, propane,
29 ethanol, or biogas, or d-limonene: not limited.
30 c. New sources fired with fuel oil: 0.10 pounds per
31 million British thermal units.
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2 No combustion turbine shall fire any fuel other than natural
3 gas, propane, biogas, or fuel oil. No combustion turbine shall
4 fire used oil.
5 5. Duct burner:
6 a. New and existing sources fired with natural gas,
7 ethanol, propane, or biogas, or d-limonene: not limited.
8 b. New and existing sources fired with fuel oil: 0.10
9 pounds per million British thermal units.
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11 No duct burner shall fire any fuel other than natural gas,
12 propane, biogas, or fuel oil. No duct burner shall fire used
13 oil.
14 6. Glass plant furnace: existing sources with a
15 maximum noncullet material process input rate of 18 tons per
16 hour; hourly emissions limited as determined by the following
17 equation: Emission limit (pounds per hour) = 3.59 x (process
18 rate, tons per hour raised to the 0.62 power). No glass plant
19 furnace shall fire any fuel other than natural gas, propane,
20 biogas, d-limonene, or fuel oil. No glass plant furnace shall
21 fire used oil.
22 7. Biogas flare for anaerobic reactor: not limited.
23 8. Emergency generator: not limited.
24 9. Volatile organic compounds emission control
25 incinerator: not limited.
26 (g)(f) After October 31, 2002, for nitrogen oxides,
27 the emissions levels, expressed in pounds of nitrogen dioxide
28 per million British thermal units of heat produced, unless
29 otherwise specified, are established for the following types
30 of new and existing sources:
31 1. Citrus peel dryer:
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1 a. Sources that fire natural gas, propane, ethanol,
2 biogas, or d-limonene: not limited.
3 b. Sources that fire fuel oil: 0.34 pounds per million
4 British thermal units.
5 2. Process steam boiler:
6 a. New sources with a heat input capacity of 67
7 million British thermal units per hour or less and existing
8 sources regardless of heat input capacity: not limited.
9 b. New sources with a heat input capacity of more than
10 67 million British thermal units per hour: 0.10 pounds per
11 million British thermal units.
12 3. Combustion turbine:
13 a. Existing sources regardless of fuel:
14 (I) Existing combustion turbine of approximately 425
15 million British thermal units per hour heat input capacity: 42
16 parts per million volume dry at 15 percent oxygen.
17 (II) Existing combustion turbines of approximately 50
18 million British thermal units per hour heat input capacity
19 each, constructed prior to July 1999: 168 parts per million
20 volume dry at 15 percent oxygen.
21 (III) Existing combustion turbine of approximately 50
22 million British thermal units per hour heat input capacity,
23 constructed after July 1999: 50 parts per million volume dry
24 at 15 percent oxygen.
25 b. New sources with less than 50 megawatts of
26 mechanically generated electrical capacity, regardless of
27 fuel: 25 parts per million volume dry at 15 percent oxygen.
28 c. New sources with greater than or equal to 50
29 megawatts of mechanically generated electrical capacity,
30 regardless of fuel: 3.5 parts per million volume dry at 15
31 percent oxygen.
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1 4. Duct burner:
2 a. Existing sources fired with natural gas, propane,
3 or biogas: not limited.
4 b. Sources fired with fuel oil: 0.20 pounds per
5 million British thermal units.
6 5. Glass plant furnace:
7 a. Existing sources regardless of production capacity:
8 not limited.
9 b. New sources firing gaseous fuels or fuel oil,
10 regardless of production capacity: 5.5 pounds per ton of glass
11 produced.
12 6. Biogas flare for anaerobic reactor: not limited.
13 7. Emergency generator: not limited.
14 8. Volatile organic compound emission control
15 incinerator: not limited.
16 (h)(g) After October 31, 2004 2002, for visible
17 emissions, the levels of visible emissions at all times during
18 operation, expressed as a percent of opacity, are established
19 for the following types of emission sources:
20 1. Citrus peel dryer: 20 percent.
21 2. Pellet cooler or cooling reel: 5 percent.
22 3. Process steam boiler: 20 percent.
23 4. Combustion turbine: 10 percent.
24 5. Duct burner: limited to the visible emissions limit
25 of the associated combustion turbine.
26 6. Glass plant furnace: 20 percent.
27 7. Biogas flare for anaerobic reactor: 20 percent.
28 8. Emergency generator: 20 percent.
29 9. Lime storage silo: 10 percent.
30 10. Volatile organic compounds emission control
31 incinerator: 5 percent.
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Florida Senate - 2003 CS for SB 1300
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1 (i) The department may develop, with the cooperation
2 of the Florida Citrus Processors association, management
3 practices for the prevention or minimization of any other
4 pollutant that is specifically regulated under the Clean Air
5 Act but not specifically addressed by this section. To the
6 greatest practicable extent, considering the unique
7 characteristics of each facility, after these management
8 practices have been developed, each source that is subject to
9 this section must either comply with such generic practices or
10 obtain approval from the department for the use of modified
11 practices that are uniquely tailored to the facility. Such
12 management practices must be developed before the United
13 States Environmental Protection Agency issues its final
14 approval of the program developed under this section. The
15 department shall adopt such practices by rule when
16 practicable.
17 (7) RULES.--The department shall adopt rules pursuant
18 to ss. 120.536(1) and 120.54 to implement the provisions of
19 this section. Such rules shall, to the maximum extent
20 practicable, assure compliance with substantive federal Clean
21 Air Act requirements. The department shall require the
22 registration of facilities and shall provide for such
23 participation by the public and the United States
24 Environmental Protection Agency as is required by Title V of
25 the Clean Air Act.
26 (8) LEGISLATIVE REVIEW.--By March 2007 2004, the
27 department, after consultation with the citrus industry, shall
28 report to the Legislature concerning the implementation of
29 this section, and shall make recommendations for any changes
30 necessary to improve implementation.
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1 (10) ADDITIONAL EMISSIONS LIMITS AND EXPIRATION OF
2 THIS PROGRAM.--
3 (a)1. No later than June 15 of each calendar year,
4 each citrus processing facility subject to this section shall
5 provide the total facility fruit throughput, in standard box
6 measurement, for the previous June 1 through May 31 period, to
7 the Florida Citrus Processors Association. The facility's
8 responsible official must certify such information as true,
9 complete, and correct. By June 30 of each calendar year, the
10 Florida Citrus Processors Association shall provide to the
11 department the aggregate fruit throughput for all facilities
12 that are subject to this section. In addition, for purposes of
13 assuring compliance with this section, the Florida Citrus
14 Processors Association shall provide the department with
15 throughput information for individual facilities upon request
16 of the department.
17 2. On July 31 following the close of a production year
18 (June 1 through May 31) during which the industrywide fruit
19 throughput exceeds 350 million boxes, the terms and conditions
20 of paragraphs (1)-(4) and (6) shall expire and all facilities
21 subject to those provisions shall become subject to all
22 then-existing department air-permitting requirements for the
23 construction and operation of major air-pollution sources and
24 all generally applicable air-pollution-limiting department
25 rules. Such facilities shall apply for individual Title V
26 permits on or before July 30 of that year, and all facility
27 emissions limits and unit emissions limits effective as of
28 July 30 of that year shall continue to be the effective limits
29 for such units and facilities until changed through normal
30 department air-pollution preconstruction permit processes.
31 Each facility's fruit throughput is limited to the actual
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1 throughput of the most recent production year (October 1
2 through May 31) unless the throughput level is changed through
3 normal department air-pollution preconstruction permit
4 processes. Any throughput increase above such a throughput
5 level is considered to be a relaxation of a restriction on
6 pollutant-emitting capacity and is subject to Rule
7 62-212.400(2)(g), Florida Administrative Code.
8 3. If a facility makes timely application for a Title
9 V permit in accordance with this section and provides
10 information to make the application complete in accordance
11 with department rules, that facility is not considered to be
12 operating without a permit during the processing of the Title
13 V permit if the facility continues to provide the department
14 with all Title V compliance reports and monitoring reports
15 required by 40 C.F.R. part 70 during that period.
16 (b)1. The department shall, 3 and 6 years after the
17 full implementation of this regulatory program, evaluate the
18 program to determine if it is successful. The evaluation must
19 address the consolidation of the industry to date and the
20 related changes of emissions units and emissions and modeling
21 of the effects of such emissions changes, and must be reported
22 to the United States Environmental Protection Agency's Region
23 4 office, with a copy to the Florida Citrus Processors
24 Association and the federal Class I area land management
25 agencies. The department, in consultation with the United
26 States Environmental Protection Agency, shall determine the
27 success of the program by a comparison of industrywide
28 aggregate air emissions increases and reductions resulting
29 from regulation under this program versus emissions increases
30 and reductions that would have resulted from regulation under
31 the federal new source review program during each 3-year
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1 evaluation period. During the evaluation period, the
2 department shall track new sources added to citrus facilities
3 and estimate the emissions limitations that would have
4 resulted from the federal new source review regulations in
5 effect at the time of the addition of each source. As used in
6 this paragraph, the term "regulations in effect" means those
7 regulations that the United States Environmental Protection
8 Agency has published in the Federal Register as a final
9 regulation.
10 2. If, at the end of each evaluation period, the
11 comparison of emissions increases and decreases shows that
12 this program results in an overall emissions benefit that is
13 consistent with the intention of the program and is protective
14 of air quality, this regulatory program shall be considered
15 successful. For purposes of this review, the target emissions
16 increases and decreases for this program are:
17 a. This program is intended to significantly reduce
18 allowable and actual emissions of volatile organic compounds
19 and sulfur dioxide.
20 b. This program is intended to reduce allowable
21 emissions of particulate matter.
22 c. This program is not intended to reduce actual
23 emissions of carbon monoxide or nitrogen oxides.
24 d. This program is intended to result in an overall
25 emissions benefit that is equal to or better than the benefit
26 that would have resulted from regulation under the federal new
27 source review program, considering the industrywide aggregate
28 of regulated air emissions.
29 3. If this program is not considered successful, on
30 July 31 following the date of completion of the evaluation,
31 the terms and conditions of paragraphs (1)-(4) and (6) shall
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1 expire, and all facilities subject to such provisions shall
2 become subject to all then-existing department air-permitting
3 requirements for construction and operation of major air
4 pollution sources and all generally applicable air
5 pollution-limiting department rules. Such facilities must
6 apply for individual Title V permits on or before July 31 of
7 that year, and all facility emissions limits and unit
8 emissions limits effective as of July 30 of that year shall
9 continue to be the effective limits for such units and
10 facilities, with the exception of any emissions limits
11 required under paragraph (10)(c), unless changed through
12 normal department air-pollution preconstruction permit
13 processes.
14 4. If a facility makes timely application for a Title
15 V permit in accordance with this section, and provides
16 information to make such an application complete in accordance
17 with department rules, that facility is not considered to be
18 operating without a permit during the processing of the Title
19 V permit if the facility continues to provide the department
20 with all Title V compliance reports and monitoring reports
21 required by 40 C.F.R. part 70 during that period.
22 (c) If the program is not considered successful, the
23 department shall identify each air pollutant, PM10, NOx, SO2
24 and VOC, for which the industrywide emissions increases are
25 greater than would have resulted under the federal new source
26 review program and shall quantify the extent to which such
27 emissions exceed such levels. For each pollutant so
28 identified, the facilities subject to this section shall
29 individually or collectively reduce industrywide emissions of
30 such pollutants to the levels equivalent to those that would
31 have resulted under the federal new source review program.
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1 This may be done by reducing emissions at one or more
2 emissions units operated within the industry, or by making
3 reductions of such pollutants elsewhere within the peninsular
4 portion of this state, as long as such reductions are real,
5 accurately quantifiable, practically enforceable, and not
6 required or used for any other air-quality purposes. If
7 emissions reductions are taken at emissions units operated
8 within the industry, each applicable facility shall receive
9 emissions limits at such units in Title V permits in addition
10 to limits that would result under paragraph (10)(b).
11 Section 2. Any change in the salary of an employee of
12 the Department of Citrus which is at or above $100,000
13 annually must be approved by the full membership of the
14 Florida Citrus Commission at the meeting of the commission in
15 July 2003, or at the first subsequent meeting, and before any
16 subsequent salary adjustment is made.
17 Section 3. The Department of Citrus shall, at the end
18 of each fiscal year, publish an annual travel report that
19 states, for each staff member of the Department of Citrus and
20 each member of the Florida Citrus Commission who has traveled
21 during that year, the name of the person, the person's
22 position title, the date on which a claim for reimbursement
23 was submitted, the dates of travel, the destinations, the
24 purpose of the travel, and all expenditures that resulted from
25 the travel.
26 Section 4. This act shall take effect upon becoming a
27 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1300
3
4 Committee Substitute for SB 1300 is different from Senate Bill
1300 in that it:
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1. Revises and conforms statutory deadlines to the US
6 Environmental Protection Agency approval process and
schedules;
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2. Lowers the limitation on sulfur content in fuel used by
8 citrus processors;
9 3. Authorizes the Department of Environmental Protection to
develop management practices for Clean Air Act pollutants
10 not otherwise regulated by this program;
11 4. Provides for evaluation and potential sunset of this
program;
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5. Requires any change in the salary of an employee of the
13 Department of Citrus which is at or above $100,000
annually to be approved by the full membership of the
14 Citrus Commission; and
15 6. Requires the Department of Citrus to publish an annual
travel report that provides specific information for each
16 staff member of the department and each member of the
commission who has traveled during that year.
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