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Rules and Forms - Regulatory Projects

PM2.5 New Source Review - Proposed Rule Amendments and SIP Revision

The Department of Environmental Protection (DEP) has made amendments to two Florida Administrative Code (F.A.C.) rule chapters to incorporate into the state's "new source review (NSR)" permitting rules several elements related to the control of fine particulate matter (PM2.5) emissions from stationary sources. The department has also made an associated revision to Florida's State Implementation Plan (SIP) under the Clean Air Act. Note: the rule amendments have been split out from the initial combined "PM2.5 and Nonattainment Area NSR" project for which notices of rule development were published on September 17, 2010. These amendments address only the PM2.5 portions of the initial rule development.

Rule Development

Chapter 62-210: Stationary Sources-General Requirements: The adopted rule amendments (OGC No. 10-0877) include revisions to the definitions at Rule 62-210.200, F.A.C., to establish PM2.5 as a pollutant with a significant emissions rate, thereby making industrial facilities that emit PM2.5 potentially subject to preconstruction permitting requirements (at Chapter 62-212, F.A.C.). The amendments are consistent with federal regulation, policy, and guidance, and they do not impose any requirements beyond or in addition to the minimum federal program.

Chapter 62-212: Stationary Sources-Preconstruction Review: The adopted rule amendments (OGC No. 10-0878) incorporate PM2.5 into the state's preconstruction review program for major stationary sources and major modifications. The amendments are consistent with federal regulation, policy, and guidance, and they do not impose any requirements beyond or in addition to the minimum federal program.

Note: The January 19, 2012 Environmental Regulation Commission hearing listed in the Notice of Proposed Rules from December 16 has been canceled. A Notice of Correction will be posted on January 13, 2012 with the new Environmental Regulation Commission hearing information. This hearing was held on February 16, 2012.

Important Documents

Adopted Rule, Chapter 62-210, March 8, 2012
[PDF - 930kb]

Adopted Rule, Chapter 62-212, March 8, 2012
[PDF - 330kb]

Statement of Estimated Regulatory Cost, June 7, 2011
[PDF - 20kb]

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

Notice of Proposed Rule, Chapter 62-212, December 16, 2011
[PDF - 82kb]

Proposed Rule Language, Chapter 62-210, December 16, 2011
[PDF - 34kb]

Proposed Rule Language, Chapter 62-212, December 16, 2011
[PDF - 66kb]

Notice of Rule Development, Chapter 62-210, September 17, 2010
[PDF - 20kb]

Notice of Rule Development, Chapter 62-212, September 17, 2010
[PDF - 19kb]

SIP Revision

On March 15, 2012, DEP submitted the adopted rule amendments to U.S. Environmental Protection Agency (EPA) for approval and incorporation into Florida's SIP.

Final SIP Submittal, March 15, 2012
[PDF - 15kb]

Public Comments on Proposed SIP Revision

EPA Letter of No Comment, December 15, 2012
[PDF - 40kb]

Last updated: September 11, 2013

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