Revisions to Chapter 62-296, F.A.C.

The purpose of this Notice of Proposed Rule is to revise Rules 62-296.402, 62-296.404, 62-296.405 and 62-296.570, Florida Administrative Code, to delete provisions that are outdated or superseded by federal regulations, clarify federal rule applicability and what an existing and new source in each rule that uses these terms. Other minor corrective or clarifying amendments are also proposed.

Chapter 62-296, F.A.C., establishes emissions standards for a variety of stationary source types. As part of the department’s response to EPA’s Startup, Shutdown and Malfunction State Implementation Plan (SIP) Call, the department completed rulemaking on Rule 62-210.700, F.A.C., to add a sunset date, after which the emission limits in Chapter 62-296, F.A.C., will apply at all times, including periods of startup, shutdown and malfunction. The department is proposing to amend a provision in 62-296.570, F.A.C., that references 62-210.700, F.A.C., to reflect the changes to that rule.

The department received written public comments on April 11, 2022, regarding the proposed rule language in the Notice of Proposed Rule (NOPR) for Rule 62-296.405, F.A.C.

A Notice of Change was published in the Florida Administrative Register on May 5, 2022. The corrections are related to the calculations of the 30-day averaging times for particulate matter, Sulfur Dioxides and Nitrogen Oxides. The published NOPR stated using an arithmetic average.

After receipt of the public comments, DEP has reconsidered the 30-day averaging time to be calculated using a heat-input weighted average. Clarifying language on the how to calculate the 30-day average is also added.

• Final Rule Revisions, effective June 23, 2022.
• Notice of Change, Rule 62-296.405, published May 5, 2022.
• Notice of Proposed Rule Chapter 62-296, published March 22, 2022.
• Notice of Rule Development Chapter 62-296, published Nov. 4, 2021.