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Ethanol Plant Permitting - Proposed Rule Amendments and SIP Revision

The Department of Environmental Protection has made amendments to two Florida Administrative Code (F.A.C.) rule chapters related to ethanol fuel production facilities. The Department has also submitted these revisions to the U.S. Environmental Protection Agency (EPA) as a proposed revision to Florida's State Implementation Plan (SIP) under the Clean Air Act.

Rule Development

Chapter 62-210: Stationary Sources-General Requirements: The adopted rule (OGC No. 11-0614) involves amendments to Chapter 62-210, F.A.C., to amend two definitions in the department's air permitting rules to exclude ethanol fuel production facilities from the definition of "chemical process plant," thereby raising the emission threshold for applicability of the state's major source permitting rules for such facilities from 100 tons per year (TPY) of any regulated air pollutant to 250 TPY. Additionally, the rule adds a definition of "North American Industry Classification System" or "NAICS" which is referenced in the amended meaning of "chemical process plants." The rule amendments are consistent with U.S. Environmental Protection Agency (EPA) regulations amended May 1, 2007.

Chapter 62-212: Stationary Sources-Preconstruction Review: The adopted rule (OGC No. 11-0786) involves an amendment to Chapter 62-212, F.A.C., to exclude some facilities that produce ethanol by natural fermentation, including some ethanol fuel production facilities, from being considered a "chemical process plant" for purposes of qualifying for an exemption from the state's "prevention of significant deterioration" air permitting rules. The rule amendment is consistent with U.S. Environmental Protection Agency (EPA) regulations amended May 1, 2007.

Important Rule Development Documents

Adopted Rule, Chapter 62-210, December 4, 2011
[PDF - 962kb]

Adopted Rule, Chapter 62-212, December 4, 2011
[PDF - 386kb]

Notice of Proposed Rule, Chapter 62-210, September 16, 2011
[PDF - 41kb]

Notice of Proposed Rule, Chapter 62-212, September 16, 2011
[PDF - 48kb]

Proposed Rule Language, Chapter 62-210, September 16, 2011
[PDF - 17kb]

Proposed Rule Language, Chapter 62-212, September 16, 2011
[PDF - 8kb]

Notice of Rule Development, Chapter 62-210, June 24, 2011 
[PDF - 80KB]

Notice of Rule Development, Chapter 62-212, June 24, 2011
[PDF - 80KB]

Draft Rule Language, Chapter 62-210, July 26, 2011
[PDF - 20KB]

Draft Rule Language, Chapter 62-212, June 24, 2011
[PDF - 20KB]

2007 NAICS Definition File, Adopted by Reference
[PDF - 13KB]

Important SIP Documents

Final SIP Submittal, December 12, 2011
[PDF - 16MB]

Workshops and SIP Hearings

A rule development workshop was held July 27, 2011, at the time and place shown on the agenda below. This workshop also served as a State Implementation Plan (SIP) public hearing pursuant to the requirements of 40 CFR 51.102.  

Agenda, Rule Development Workshop and SIP Hearing, July 27, 2011
[PDF - 46KB]

Public Comments

EPA Comments, July 25, 2011
[PDF - 54KB]

Last updated: June 26, 2015


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