HB 1821 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to citrus; amending s. 403.08725, F.S.;
12	redefining the terms "new sources" and "existing sources";
13	amending permitted emissions limits; providing for the
14	Department of Environmental Protection to develop, by a
15	specified deadline, management practices to prevent or
16	minimize certain pollutants that are not specifically
17	named in this section; postponing the date by which
18	certain actions must be accomplished; providing specific
19	contents of rules adopted by the department; providing
20	additional emissions limits; providing for the expiration
21	of the program created under this section; providing
22	prerequisites to salary adjustments for certain employees
23	of the Department of Citrus; requiring the Department of
24	Citrus to publish an annual travel report; providing
25	requirements for the contents of that report; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Subsections (1), (2), (5), (7), and (8) of
31	section 403.08725, Florida Statutes, are amended, and subsection
32	(10) is added to said section, to read:
33	403.08725 Citrus juice processing facilities.--
34	(1) COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective July
35	1, 2002, all existing citrus juice processing facilities shall
36	comply with the provisions of this section in lieu of obtaining
37	air pollution construction and operation permits,
38	notwithstanding the permit requirements of ss. 403.087(1) and
39	403.0872. For purposes of this section, "existing juice
40	processing facility" means any facility that currently has air
41	pollution construction or operation permits issued by the
42	department with a fruit processing capacity of 2 million boxes
43	per year or more. For purposes of this section, "facility" means
44	all emissions units at a plant that processes citrus fruit to
45	produce single-strength or frozen concentrated juice and other
46	products and byproducts identified by Major Group Standard
47	Industrial Classification Codes 2033, 2037, and 2048 which are
48	located within a contiguous area and are owned or operated under
49	common control, along with all emissions units located in the
50	contiguous area and under the same common control which directly
51	support the operation of the citrus juice processing function.
52	For purposes of this section, facilities that do not operate a
53	citrus peel dryer are not subject to the requirements of
54	paragraph (2)(c). For purposes of this section, "department"
55	means the Department of Environmental Protection.
56	Notwithstanding any other provision of law to the contrary, for
57	purposes of the permitted emission limits of this section, "new
58	sources" means emissions units constructed or added to a
59	facility on or after July 1, 20022000, and "existing sources"
60	means emissions units constructed or modified before July 1,
61	20022000.
62	(2) PERMITTED EMISSIONS LIMITS.--All facilities authorized
63	to construct and operate under this section shall operate within
64	the most stringent of the emissions limits set forth in
65	paragraphs (a)-(g) for each new and existing source:
66	(a) Any applicable standard promulgated by the United
67	States Environmental Protection Agency.
68	(b) Each facility shall comply with the emissions
69	limitations of its Title V permit, and any properly issued and
70	certified valid preconstruction permits, until October 31, 2002,
71	at which time the requirements of this section shall supersede
72	the requirements of the permits. Nothing in this paragraph shall
73	preclude the department's authority to evaluate past compliance
74	with all department rules.
75	(c) After October 31, 20042002, for volatile organic
76	compounds, the level of emissions achievable by a 50 percent
77	recovery of oil from citrus fruits processed as determined by
78	the methodology described in subparagraph (4)(a)1. One year
79	after EPA approval pursuant to subsection (9), for volatile
80	organic compounds, the level of emissions achievable by a 65
81	percent recovery of oil from citrus fruits processed as
82	determined by the methodology described in subparagraph (4)(a)1.
83	(d) After October 31, 20042002, except as otherwise
84	provided herein,no facility shall fire fuel oil containing
85	greater than 0.10.5 percent sulfur by weight. No source shall
86	fire any fuel other than fuel oil, natural gas, ethanol,
87	propane, d-limonene, or biogas. No source shall fire used oil.
88	Those facilities without access to natural gas shall be limited
89	to fuel oil containing no greater than 1 percent sulfur by
90	weight. In addition, facilities may use fuel oil with no greater
91	than 1.5 percent sulfur by weight for up to 400 hours per
92	calendar year. The use of natural gas is not limited by this
93	paragraph. The use of d-limonene as a fuel is not limited by
94	this paragraph.
95	(e) All new boilers and coolers must have a stack height
96	of at least 2.5 times the height of adjacent buildings, and no
97	more than 65 meters, measured from the ground-level elevation at
98	the base of the stack.
99	(f)(e) After October 31, 20042002, for particulate matter
100	of 10 microns or less, the emissions levels, expressed in pounds
101	per million British thermal units of heat input, unless
102	otherwise specified, are established for the following types of
103	new and existing sources:
104	1. Citrus peel dryer, regardless of production capacity:
105	15 pounds per hour.
106	2. Pellet cooler or cooling reel, regardless of production
107	capacity: 5 pounds per hour.
108	3. Process steam boiler:
109	a. Sources fired with natural gas, ethanol, propane,
110	ethanol, biogas, or d-limonene and existing sources fired with
111	fuel oil: not limited.
112	b. New sources fired with fuel oil: 0.050.10pounds per
113	million British thermal units.
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115	No process steam boiler shall fire any fuel other than natural
116	gas, propane, ethanol, biogas, d-limonene, or fuel oil. No
117	process steam boiler shall fire used oil.
118	4. Combustion turbine:
119	a. Existing sources regardless of fuel: not limited.
120	b. New sources fired with natural gas, propane, ethanol,
121	or biogas, or d-limonene: not limited.
122	c. New sources fired with fuel oil: 0.10 pounds per
123	million British thermal units.
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125	No combustion turbine shall fire any fuel other than natural
126	gas, propane, biogas, or fuel oil. No combustion turbine shall
127	fire used oil.
128	5. Duct burner:
129	a. New and existing sources fired with natural gas,
130	ethanol, propane, or biogas, or d-limonene: not limited.
131	b. New and existing sources fired with fuel oil: 0.10
132	pounds per million British thermal units.
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134	No duct burner shall fire any fuel other than natural gas,
135	propane, biogas, or fuel oil. No duct burner shall fire used
136	oil.
137	6. Glass plant furnace: existing sources with a maximum
138	noncullet material process input rate of 18 tons per hour;
139	hourly emissions limited as determined by the following
140	equation: Emission limit (pounds per hour) = 3.59 x (process
141	rate, tons per hour raised to the 0.62 power). No glass plant
142	furnace shall fire any fuel other than natural gas, propane,
143	biogas, d-limonene, or fuel oil. No glass plant furnace shall
144	fire used oil.
145	7. Biogas flare for anaerobic reactor: not limited.
146	8. Emergency generator: not limited.
147	9. Volatile organic compounds emission control
148	incinerator: not limited.
149	(g)(f) After October 31, 20042002, for nitrogen oxides,
150	the emissions levels, expressed in pounds of nitrogen dioxide
151	per million British thermal units of heat produced, unless
152	otherwise specified, are established for the following types of
153	new and existing sources:
154	1. Citrus peel dryer:
155	a. Sources that fire natural gas, propane, ethanol,
156	biogas, or d-limonene: not limited.
157	b. Sources that fire fuel oil: 0.34 pounds per million
158	British thermal units.
159	2. Process steam boiler:
160	a. New sources with a heat input capacity of 67 million
161	British thermal units per hour or less and existing sources
162	regardless of heat input capacity: not limited.
163	b. New sources with a heat input capacity of more than 67
164	million British thermal units per hour: 0.10 pounds per million
165	British thermal units.
166	3. Combustion turbine:
167	a. Existing sources regardless of fuel:
168	(I) Existing combustion turbine of approximately 425
169	million British thermal units per hour heat input capacity: 42
170	parts per million volume dry at 15 percent oxygen.
171	(II) Existing combustion turbines of approximately 50
172	million British thermal units per hour heat input capacity each,
173	constructed prior to July 1999: 168 parts per million volume dry
174	at 15 percent oxygen.
175	(III) Existing combustion turbine of approximately 50
176	million British thermal units per hour heat input capacity,
177	constructed after July 1999: 50 parts per million volume dry at
178	15 percent oxygen.
179	b. New sources with less than 50 megawatts of mechanically
180	generated electrical capacity, regardless of fuel: 25 parts per
181	million volume dry at 15 percent oxygen.
182	c. New sources with greater than or equal to 50 megawatts
183	of mechanically generated electrical capacity, regardless of
184	fuel: 3.5 parts per million volume dry at 15 percent oxygen.
185	4. Duct burner:
186	a. Existing sources fired with natural gas, propane, or
187	biogas: not limited.
188	b. Sources fired with fuel oil: 0.20 pounds per million
189	British thermal units.
190	5. Glass plant furnace:
191	a. Existing sources regardless of production capacity: not
192	limited.
193	b. New sources firing gaseous fuels or fuel oil,
194	regardless of production capacity: 5.5 pounds per ton of glass
195	produced.
196	6. Biogas flare for anaerobic reactor: not limited.
197	7. Emergency generator: not limited.
198	8. Volatile organic compound emission control incinerator:
199	not limited.
200	(h)(g) After October 31, 20042002, for visible emissions,
201	the levels of visible emissions at all times during operation,
202	expressed as a percent of opacity, are established for the
203	following types of emission sources:
204	1. Citrus peel dryer: 20 percent.
205	2. Pellet cooler or cooling reel: 5 percent.
206	3. Process steam boiler: 20 percent.
207	4. Combustion turbine: 10 percent.
208	5. Duct burner: limited to the visible emissions limit of
209	the associated combustion turbine.
210	6. Glass plant furnace: 20 percent.
211	7. Biogas flare for anaerobic reactor: 20 percent.
212	8. Emergency generator: 20 percent.
213	9. Lime storage silo: 10 percent.
214	10. Volatile organic compounds emission control
215	incinerator: 5 percent.
216	(i) The department may develop, with the cooperation of
217	the Florida Citrus Processors Association, management practices
218	for the prevention or minimization of any other pollutant that
219	is specifically regulated under the Clean Air Act but not
220	specifically addressed by this section. Such management
221	practices must be developed before the United States
222	Environmental Protection Agency issues its final approval of the
223	program under this section. Once such management practices are
224	developed, each source subject to this section shall comply with
225	such practices. The department shall adopt such practices by
226	rule when practicable.
227	(5) EMISSIONS FEES.--All facilities authorized to operate
228	under this section shall pay annual emissions fees in the same
229	amount to which the facility would be subject under the
230	department's Title V program. For purposes of determining fees
231	until October 31, 20042002, emission fees shall be based on the
232	requirements of s. 403.0872. Commencing July 1, 20042002, the
233	allowable annual emissions for fee purposes shall be computed as
234	the emissions limits established by this section multiplied by
235	the actual operation rates, heat input, and hours of operation
236	of each new and existing source for the previous calendar year.
237	Actual operation rates, heat input, and hours of operation of
238	each new and existing source shall be documented by making and
239	maintaining records of operation of each source. Fees shall not
240	be based on stack test results. In the event that adequate
241	records of actual operation rates and heat input are not
242	maintained, actual operation shall be assumed to occur at the
243	source's maximum capacity during hours of actual operation, if
244	adequately documented. In the event that adequate records of
245	hours of operation are not maintained, the source shall be
246	assumed to have operated from January 1 through May 31 and
247	October 1 through December 31 of the previous calendar year. All
248	such annual emissions fees shall be due and payable April 1 for
249	the preceding calendar year. Failure to pay fees shall result in
250	penalties and interest in the same manner and to the same extent
251	as failure to pay fees under the department's Title V program.
252	For purposes of determining actual emissions for fee purposes,
253	any allowances traded away shall be deducted and any allowances
254	acquired shall be included. All fees shall be deposited into the
255	Air Pollution Control Trust Fund.
256	(7) RULES.--The department shall adopt rules pursuant to
257	ss. 120.536(1) and 120.54 to implement the provisions of this
258	section. Such rules shall, to the maximum extent practicable,
259	assure compliance with substantive federal Clean Air Act
260	requirements. The department shall require the registration of
261	facilities and shall provide for such participation by the
262	public and the United States Environmental Protection Agency as
263	is required by Title V of the Clean Air Act.
264	(8) LEGISLATIVE REVIEW.--By March 20072004, the
265	department, after consultation with the citrus industry, shall
266	report to the Legislature concerning the implementation of this
267	section, and shall make recommendations for any changes
268	necessary to improve implementation.
269	(10) ADDITIONAL EMISSIONS LIMITS AND EXPIRATION OF THIS
270	PROGRAM.--
271	(a)1. No later than June 15 of each calendar year, each
272	citrus processing facility subject to this section shall provide
273	the total facility fruit throughput, in standard box
274	measurement, for the previous June 1 through May 31 period, to
275	the Florida Citrus Processors Association. The facility's
276	responsible official must certify such information as true,
277	complete, and correct. By June 30 of each calendar year, the
278	Florida Citrus Processors Association shall provide to the
279	department the aggregate fruit throughput for all facilities
280	that are subject to this section. In addition, for purposes of
281	ensuring compliance with this section, the Florida Citrus
282	Processors Association shall provide the department with
283	throughput information for individual facilities upon request of
284	the department.
285	2. On July 31 following the close of a production year,
286	June 1 through May 31, during which the industrywide fruit
287	throughput exceeds 350 million boxes, the terms and conditions
288	of subsections (1)-(4) and (6) shall expire and all facilities
289	subject to those provisions shall become subject to all then-
290	existing department air permitting requirements for the
291	construction and operation of major air pollution sources and
292	all generally applicable air-pollution-limiting department
293	rules. Such facilities shall apply for individual Title V
294	permits on or before July 31 of that year, and all facility
295	emissions limits and unit emissions limits effective as of July
296	30 of that year shall continue to be the effective limits for
297	such units and facilities unless changed through normal
298	department air pollution preconstruction permit processes. Each
299	facility's fruit throughput is limited to the actual throughput
300	of the most recent production year, June 1 through May 31,
301	unless the throughput level is changed through normal department
302	air pollution preconstruction permit processes. Any throughput
303	increase above such a throughput level is considered to be a
304	relaxation of a restriction on pollutant-emitting capacity and
305	is subject to Rule 62-212.400(2)(g), Florida Administrative
306	Code.
307	3. If a facility makes timely application for a Title V
308	permit in accordance with this section and provides information
309	to make the application complete in accordance with department
310	rules, that facility is not considered to be operating without a
311	permit during the processing of the Title V permit if the
312	facility continues to provide the department with all Title V
313	compliance reports and monitoring reports required by 40 C.F.R.
314	part 70 during that period.
315	(b)1. The department shall, 3 and 6 years after the full
316	implementation of this regulatory program, evaluate the program
317	to determine if it is successful. The evaluation must address
318	the consolidation of the industry to date and the related
319	changes of emissions units and emissions and modeling of the
320	impacts of such emissions changes, and must be reported to the
321	United States Environmental Protection Agency's Region 4 office,
322	with a copy to the Florida Citrus Processors Association and the
323	federal Class I area land management agencies. The department,
324	in consultation with the United States Environmental Protection
325	Agency, shall determine the success of the program by a
326	comparison of industrywide aggregate air emissions increases and
327	reductions resulting from regulation under this program versus
328	emissions increases and reductions that would have resulted from
329	regulation under the federal new source review program during
330	each 3-year evaluation period. During the evaluation period, the
331	department shall track new sources added to citrus facilities
332	and estimate the emissions limitations that would have resulted
333	from the federal new source review regulations in effect at the
334	time of the addition of each source. As used in this paragraph,
335	the term "regulations in effect" means those regulations that
336	the United States Environmental Protection Agency has published
337	in the Federal Register as a final regulation.
338	2. If, at the end of each evaluation period, the
339	comparison of emissions increases and decreases shows that this
340	program results in an overall emissions benefit that is
341	consistent with the intention of the program and is protective
342	of air quality, this regulatory program shall be considered
343	successful. For purposes of this review, the target emissions
344	increases and decreases for this program are:
345	a. To significantly reduce allowable and actual emissions
346	of volatile organic compounds and sulfur dioxide.
347	b. To reduce allowable emissions of particulate matter.
348	c. To result in an overall emissions benefit that is equal
349	to or better than the benefit that would have resulted from
350	regulation under the federal new source review program,
351	considering the industrywide aggregate of regulated air
352	emissions.
353
354	This program is not intended to reduce actual emissions of
355	carbon monoxide or nitrogen oxides.
356	3. If this program is not considered successful, on July
357	31 following the date of completion of the evaluation, the terms
358	and conditions of subsections (1)-(4) and (6) shall expire, and
359	all facilities subject to such provisions shall become subject
360	to all then-existing department air permitting requirements for
361	construction and operation of major air pollution sources and
362	all generally applicable air-pollution-limiting department
363	rules. Such facilities must apply for individual Title V permits
364	on or before July 31 of that year, and all facility emissions
365	limits and unit emissions limits effective as of July 30 of that
366	year shall continue to be the effective limits for such units
367	and facilities, with the exception of any emissions limits
368	required under paragraph (c), unless changed through normal
369	department air pollution preconstruction permit processes.
370	4. If a facility makes timely application for a Title V
371	permit in accordance with this section, and provides information
372	to make such an application complete in accordance with
373	department rules, that facility is not considered to be
374	operating without a permit during the processing of the Title V
375	permit if the facility continues to provide the department with
376	all Title V compliance reports and monitoring reports required
377	by 40 C.F.R. part 70 during that period.
378	(c) If the program is not considered successful, the
379	department shall identify each air pollutant, PM10, NOx, SO2,
380	and VOC, for which the industrywide emissions increases are
381	greater than would have resulted under the federal new source
382	review program and shall quantify the extent to which such
383	emissions exceed such levels. For each pollutant so identified,
384	the facilities subject to this section shall individually reduce
385	emissions of such pollutants to the levels equivalent to those
386	that would have resulted under the federal new source review
387	program. This may be done by reducing emissions at one or more
388	emissions units operated within the industry, or by making
389	reductions of such pollutants elsewhere within the peninsular
390	portion of this state, as long as such reductions are real,
391	accurately quantifiable, practically enforceable, and not
392	required or used for any other air-quality purposes. If
393	emissions reductions are taken at emissions units operated
394	within the industry, each applicable facility shall receive
395	emissions limits at such units in Title V permits in addition to
396	limits that would result under paragraph (b).
397	Section 2. Any change in the salary of an employee of the
398	Department of Citrus which is at or above $100,000 annually must
399	be approved by the full membership of the Florida Citrus
400	Commission.
401	Section 3. The Department of Citrus shall, at the end of
402	each fiscal year, publish an annual travel report that states,
403	for each staff member of the Department of Citrus and each
404	member of the Florida Citrus Commission who has traveled during
405	that year, the name of the person, the person's position title,
406	the date on which a claim for reimbursement was submitted, the
407	dates of travel, the destinations, the purpose of the travel,
408	and all expenditures that resulted from the travel.
409	Section 4. This act shall take effect upon becoming a law.