Senate Bill sb1300c2
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Florida Senate - 2003 CS for CS for SB 1300
By the Committees on Appropriations; 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; postponing the date by which
11 certain actions must be accomplished; providing
12 specific contents of rules adopted by the
13 department; providing additional emissions
14 limits; providing for the expiration of the
15 program created under this section; providing
16 prerequisites to salary adjustments for certain
17 employees of the Department of Citrus;
18 requiring the Department of Citrus to publish
19 an annual travel report; providing requirements
20 for the contents of that report; repealing s.
21 581.1845, F.S., relating to citrus canker
22 eradication and compensation to homeowners;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Subsections (1), (2), (5), (7), and (8) of
28 section 403.08725, Florida Statutes, are amended, and
29 subsection (10) is added to that section, to read:
30 403.08725 Citrus juice processing facilities.--
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1 (1) COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective
2 July 1, 2002, all existing citrus juice processing facilities
3 shall comply with the provisions of this section in lieu of
4 obtaining air pollution construction and operation permits,
5 notwithstanding the permit requirements of ss. 403.087(1) and
6 403.0872. For purposes of this section, "existing juice
7 processing facility" means any facility that currently has air
8 pollution construction or operation permits issued by the
9 department with a fruit processing capacity of 2 million boxes
10 per year or more. For purposes of this section, "facility"
11 means all emissions units at a plant that processes citrus
12 fruit to produce single-strength or frozen concentrated juice
13 and other products and byproducts identified by Major Group
14 Standard Industrial Classification Codes 2033, 2037, and 2048
15 which are located within a contiguous area and are owned or
16 operated under common control, along with all emissions units
17 located in the contiguous area and under the same common
18 control which directly support the operation of the citrus
19 juice processing function. For purposes of this section,
20 facilities that do not operate a citrus peel dryer are not
21 subject to the requirements of paragraph (2)(c). For purposes
22 of this section, "department" means the Department of
23 Environmental Protection. Notwithstanding any other provision
24 of law to the contrary, for purposes of the permitted emission
25 limits of this section, "new sources" means emissions units
26 constructed or added to a facility on or after July 1, 2002
27 2000, and "existing sources" means emissions units constructed
28 or modified before July 1, 2002 2000.
29 (2) PERMITTED EMISSIONS LIMITS.--All facilities
30 authorized to construct and operate under this section shall
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1 operate within the most stringent of the emissions limits set
2 forth in paragraphs (a)-(g) for each new and existing source:
3 (a) Any applicable standard promulgated by the United
4 States Environmental Protection Agency.
5 (b) Each facility shall comply with the emissions
6 limitations of its Title V permit, and any properly issued and
7 certified valid preconstruction permits, until October 31,
8 2002, at which time the requirements of this section shall
9 supersede the requirements of the permits. Nothing in this
10 paragraph shall preclude the department's authority to
11 evaluate past compliance with all department rules.
12 (c) After October 31, 2004 2002, for volatile organic
13 compounds, the level of emissions achievable by a 50 percent
14 recovery of oil from citrus fruits processed as determined by
15 the methodology described in subparagraph (4)(a)1. One year
16 after EPA approval pursuant to subsection (9), for volatile
17 organic compounds, the level of emissions achievable by a 65
18 percent recovery of oil from citrus fruits processed as
19 determined by the methodology described in subparagraph
20 (4)(a)1.
21 (d) After October 31, 2004 2002, except as otherwise
22 provided herein, no facility shall fire fuel oil containing
23 greater than 0.1 0.5 percent sulfur by weight. Those
24 facilities without access to natural gas shall be limited to
25 fuel oil containing no greater than 1 percent sulfur by
26 weight. No source shall fire any fuel other than fuel oil,
27 natural gas, ethanol, propane, d-limonene, or biogas. No
28 source shall fire used oil. In addition, facilities may use
29 fuel oil with no greater than 1.5 percent sulfur by weight for
30 up to 400 hours per calendar year. The use of natural gas is
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1 not limited by this paragraph. The use of d-limonene as a fuel
2 is not limited by this paragraph.
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, 2004 2002, for nitrogen
27 oxides, the emissions levels, expressed in pounds of nitrogen
28 dioxide per million British thermal units of heat produced,
29 unless otherwise specified, are established for the following
30 types 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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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. Such
6 management practices must be developed before the United
7 States Environmental Protection Agency issues its final
8 approval of the program under this section. Once such
9 management practices are developed, each source subject to
10 this section shall comply with such practices. The department
11 shall adopt such practices by rule when practicable.
12 (5) EMISSIONS FEES.--All facilities authorized to
13 operate under this section shall pay annual emissions fees in
14 the same amount to which the facility would be subject under
15 the department's Title V program. For purposes of determining
16 fees until October 31, 2004 2002, emission fees shall be based
17 on the requirements of s. 403.0872. Commencing July 1, 2004
18 2002, the allowable annual emissions for fee purposes shall be
19 computed as the emissions limits established by this section
20 multiplied by the actual operation rates, heat input, and
21 hours of operation of each new and existing source for the
22 previous calendar year. Actual operation rates, heat input,
23 and hours of operation of each new and existing source shall
24 be documented by making and maintaining records of operation
25 of each source. Fees shall not be based on stack test results.
26 In the event that adequate records of actual operation rates
27 and heat input are not maintained, actual operation shall be
28 assumed to occur at the source's maximum capacity during hours
29 of actual operation, if adequately documented. In the event
30 that adequate records of hours of operation are not
31 maintained, the source shall be assumed to have operated from
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1 January 1 through May 31 and October 1 through December 31 of
2 the previous calendar year. All such annual emissions fees
3 shall be due and payable April 1 for the preceding calendar
4 year. Failure to pay fees shall result in penalties and
5 interest in the same manner and to the same extent as failure
6 to pay fees under the department's Title V program. For
7 purposes of determining actual emissions for fee purposes, any
8 allowances traded away shall be deducted and any allowances
9 acquired shall be included. All fees shall be deposited into
10 the Air Pollution Control Trust Fund.
11 (7) RULES.--The department shall adopt rules pursuant
12 to ss. 120.536(1) and 120.54 to implement the provisions of
13 this section. Such rules shall, to the maximum extent
14 practicable, assure compliance with substantive federal Clean
15 Air Act requirements. The department shall require the
16 registration of facilities and shall provide for such
17 participation by the public and the United States
18 Environmental Protection Agency as is required by Title V of
19 the Clean Air Act.
20 (8) LEGISLATIVE REVIEW.--By March 2007 2004, the
21 department, after consultation with the citrus industry, shall
22 report to the Legislature concerning the implementation of
23 this section, and shall make recommendations for any changes
24 necessary to improve implementation.
25 (10) ADDITIONAL EMISSIONS LIMITS AND EXPIRATION OF
26 THIS PROGRAM.--
27 (a)1. No later than June 15 of each calendar year,
28 each citrus processing facility subject to this section shall
29 provide the total facility fruit throughput, in standard box
30 measurement, for the previous June 1 through May 31 period, to
31 the Florida Citrus Processors Association. The facility's
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1 responsible official must certify such information as true,
2 complete, and correct. By June 30 of each calendar year, the
3 Florida Citrus Processors Association shall provide to the
4 department the aggregate fruit throughput for all facilities
5 that are subject to this section. In addition, for purposes of
6 assuring compliance with this section, the Florida Citrus
7 Processors Association shall provide the department with
8 throughput information for individual facilities upon request
9 of the department.
10 2. On July 31 following the close of a production year
11 (June 1 through May 31) during which the industrywide fruit
12 throughput exceeds 350 million boxes, the terms and conditions
13 of paragraphs (1)-(4) and (6) shall expire and all facilities
14 subject to those provisions shall become subject to all
15 then-existing department air-permitting requirements for the
16 construction and operation of major air-pollution sources and
17 all generally applicable air-pollution-limiting department
18 rules. Such facilities shall apply for individual Title V
19 permits on or before July 31 of that year, and all facility
20 emissions limits and unit emissions limits effective as of
21 July 30 of that year shall continue to be the effective limits
22 for such units and facilities unless changed through normal
23 department air-pollution preconstruction permit processes.
24 Each facility's fruit throughput is limited to the actual
25 throughput of the most recent production year (June 1 through
26 May 31) unless the throughput level is changed through normal
27 department air-pollution preconstruction permit processes. Any
28 throughput increase above such a throughput level is
29 considered to be a relaxation of a restriction on
30 pollutant-emitting capacity and is subject to Rule
31 62-212.400(2)(g), Florida Administrative Code.
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1 3. If a facility makes timely application for a Title
2 V permit in accordance with this section and provides
3 information to make the application complete in accordance
4 with department rules, that facility is not considered to be
5 operating without a permit during the processing of the Title
6 V permit if the facility continues to provide the department
7 with all Title V compliance reports and monitoring reports
8 required by 40 C.F.R. part 70 during that period.
9 (b)1. The department shall, 3 and 6 years after the
10 full implementation of this regulatory program, evaluate the
11 program to determine if it is successful. The evaluation must
12 address the consolidation of the industry to date and the
13 related changes of emissions units and emissions and modeling
14 of the impacts of such emissions changes, and must be reported
15 to the United States Environmental Protection Agency's Region
16 4 office, with a copy to the Florida Citrus Processors
17 Association and the federal Class I area land management
18 agencies. The department, in consultation with the United
19 States Environmental Protection Agency, shall determine the
20 success of the program by a comparison of industrywide
21 aggregate air emissions increases and reductions resulting
22 from regulation under this program versus emissions increases
23 and reductions that would have resulted from regulation under
24 the federal new source review program during each 3-year
25 evaluation period. During the evaluation period, the
26 department shall track new sources added to citrus facilities
27 and estimate the emissions limitations that would have
28 resulted from the federal new source review regulations in
29 effect at the time of the addition of each source. As used in
30 this paragraph, the term "regulations in effect" means those
31 regulations that the United States Environmental Protection
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1 Agency has published in the Federal Register as a final
2 regulation.
3 2. If, at the end of each evaluation period, the
4 comparison of emissions increases and decreases shows that
5 this program results in an overall emissions benefit that is
6 consistent with the intention of the program and is protective
7 of air quality, this regulatory program shall be considered
8 successful. For purposes of this review, the target emissions
9 increases and decreases for this program are:
10 a. This program is intended to significantly reduce
11 allowable and actual emissions of volatile organic compounds
12 and sulfur dioxide.
13 b. This program is intended to reduce allowable
14 emissions of particulate matter.
15 c. This program is not intended to reduce actual
16 emissions of carbon monoxide or nitrogen oxides.
17 d. This program is intended to result in an overall
18 emissions benefit that is equal to or better than the benefit
19 that would have resulted from regulation under the federal new
20 source review program, considering the industrywide aggregate
21 of regulated air emissions.
22 3. If this program is not considered successful, on
23 July 31 following the date of completion of the evaluation,
24 the terms and conditions of paragraphs (1)-(4) and (6) shall
25 expire, and all facilities subject to such provisions shall
26 become subject to all then-existing department air-permitting
27 requirements for construction and operation of major air
28 pollution sources and all generally applicable air
29 pollution-limiting department rules. Such facilities must
30 apply for individual Title V permits on or before July 31 of
31 that year, and all facility emissions limits and unit
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1 emissions limits effective as of July 30 of that year shall
2 continue to be the effective limits for such units and
3 facilities, with the exception of any emissions limits
4 required under paragraph (10)(c), unless changed through
5 normal department air-pollution preconstruction permit
6 processes.
7 4. If a facility makes timely application for a Title
8 V permit in accordance with this section, and provides
9 information to make such an application complete in accordance
10 with department rules, that facility is not considered to be
11 operating without a permit during the processing of the Title
12 V permit if the facility continues to provide the department
13 with all Title V compliance reports and monitoring reports
14 required by 40 C.F.R. part 70 during that period.
15 (c) If the program is not considered successful, the
16 department shall identify each air pollutant, PM10, NOx, SO2
17 and VOC, for which the industrywide emissions increases are
18 greater than would have resulted under the federal new source
19 review program and shall quantify the extent to which such
20 emissions exceed such levels. For each pollutant so
21 identified, the facilities subject to this section shall
22 individually reduce emissions of such pollutants to the levels
23 equivalent to those that would have resulted under the federal
24 new source review program. This may be done by reducing
25 emissions at one or more emissions units operated within the
26 industry, or by making reductions of such pollutants elsewhere
27 within the peninsular portion of this state, as long as such
28 reductions are real, accurately quantifiable, practically
29 enforceable, and not required or used for any other
30 air-quality purposes. If emissions reductions are taken at
31 emissions units operated within the industry, each applicable
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1 facility shall receive emissions limits at such units in Title
2 V permits in addition to limits that would result under
3 paragraph (10)(b).
4 Section 2. Any change in the salary of an employee of
5 the Department of Citrus which is at or above $100,000
6 annually must be approved by the full membership of the
7 Florida Citrus Commission at the meeting of the commission in
8 July 2003, or at the first subsequent meeting, and before any
9 subsequent salary adjustment is made.
10 Section 3. The Department of Citrus shall, at the end
11 of each fiscal year, publish an annual travel report that
12 states, for each staff member of the Department of Citrus and
13 each member of the Florida Citrus Commission who has traveled
14 during that year, the name of the person, the person's
15 position title, the date on which a claim for reimbursement
16 was submitted, the dates of travel, the destinations, the
17 purpose of the travel, and all expenditures that resulted from
18 the travel.
19 Section 4. Section 581.1845, Florida Statutes, is
20 repealed.
21 Section 5. This act shall take effect upon becoming a
22 law.
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24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 CS for SB 1300
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27 The Committee Substitute revises and conforms statutory
deadlines to the United States Environmental Protection Agency
28 approval process and schedules;
29 Repeals section 581.1845, Florida Statutes, to eliminate the
Citrus Canker Compensation Program.
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