Title V Air Operation Permits

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. If the 502(b)(10) change is to incorporate one or more engines, the Department recommends that the permittee complete and include with its submission the Engine Information Worksheet. 

Off-Permit Changes

The Department recommends that the permittee contact DARM to discuss any prospective off-permit change prior to submitting a change notification. If the Department 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.

 

Minor Air Operation Permits

On July 19, 2026, the Department revised Rule 62-210.300, F.A.C., to address changes made at permitted sources operating under a minor Air Operation Permit that contravene an express permit term or condition if the changes are not physical changes in, or changes in the method of operation of, the facility which increase the amount of any air pollutant emitted by the facility or which result in the emission of any air pollutant not previously emitted by the facility, and the changes do not exceed allowable emission under the permit (whether expressed as a rate of emissions or in terms of total emissions), as defined in Rule 62-210.200, F.A.C., if the source provides the Department with written notice at least 7 days prior to implementing any such operating change.

The Department recommends that the permittee contact DARM to discuss any prospective minor air operation permit change prior to submitting a change notification.  If the Department subsequently determines that a change does not qualify as a minor air operation 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 AO permit revision.

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

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Last Modified: Friday, Jul 31, 2026 - 02:43pm