On January 28, 2025, the Department revised Rule 62-213.410, Florida Administrative Code (F.A.C.) to address changes made at Title V facilities which are allowable under Section 502(b)(10) of the Clean Air Act (CAA) amendments of 1990 and “off-permit” changes as described under Section 502(b)(12) of the CAA.  These changes allow Title V facilities to utilize specific procedures to address minor process or equipment changes on site. Rule 62-213.410, F.A.C. (“Changes Without Permit Revisions”), defines the circumstances under which Title V permit revisions are not required in Florida.  This rule clarifies when a Title V source may operate using alternative methods of operation without permit revision, implement changes at the facility that are not addressed within or prohibited by the Title V permit without permit revision, and when changes do not qualify for the Title V permit shield.

Section 502(b)(10) Changes

The Department recommends that the permittee contact the Division of Air Resource Management (DARM) to discuss any prospective 502(b)(10) change prior to submitting a change notification. If the Department subsequently determines that a change does not qualify as a 502(b)(10) change, and the permittee has already made the change, the facility may be subject to enforcement for having failed to obtain a required AC permit or Title V permit revision. Pursuant to Rule 62-213.410, F.A.C., the permittee may submit an applicability determination requesting that DARM verify that the proposed change qualifies as a 502(b)(10) change. The permit shield does not extend to 502(b)(10) changes, and the permittee must certify compliance with the existing permit terms on its annual compliance certification.

  • Section 502(b)(10) Change Notification Worksheet
  • Section 502(b)(10) Change Notification Instructions
  • Engine Worksheet

Off-Permit Changes

DEP recommends that the permittee contact DARM to discuss any prospective off-permit change prior to submitting a change notification. If DEP subsequently determines that a change does not qualify as an off-permit change, and the permittee has already made the change, the facility may be subject to enforcement for having failed to obtain a required AC permit or Title V permit revision. Pursuant to Rule 62-213.410, F.A.C., the permittee may submit an applicability determination requesting that DARM verify that the proposed change qualifies as an off-permit change. The permit shield does not extend to off-permit changes, and the permittee must certify compliance with the existing permit terms on its annual compliance certification.

  • Off-Permit Change Notification Worksheet
  • Off-Permit Change Notification Instructions

Questions?  Please contact Hastings Read at Hastings.Read@FloridaDEP.gov, or David Read at David.Read@FloridaDEP.gov

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Last Modified: Thursday, Jan 30, 2025 - 01:57pm