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Florida Department of Environmental Protection Air Quality Standards and Nonattainment Updates Rule Development Workshop Chapter 62-204, F.A.C. October 20, 2010
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Workshop Introduction Sign-in reminder On-line webinar If you wish to submit written comments If you wish to speak How the workshop will proceed Introduction of DEP staff 2October 20, 2010
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Introduction and Outline Purpose of changes to 62-204 Summary of proposed amendments by section Handouts Proposed revisions: Air Quality Standards and Nonattainment Updates (draft rule language) Proposed final rule (1 page) 3October 20, 2010
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Purpose Efficient implementation of new and future NAAQS Prepare for expected new EPA-designated nonattainment areas Simplify rule language for consistency and avoid redundancies with DEP rules and federal language 4October 20, 2010
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Methods of Revision Remove extraneous rule sections 204.100 Purpose and Scope 204.320 Designation of air quality areas Remove parts to be addressed in other DEP rules 204.200 Definitions → 210.200 204.220(1) & (2) Ambient Air Quality Protection → 210.300 Reduce by referencing federal language Addressed by definitions in 62-210.200 which reference federal language 204.240 -AAQS 204.260 -PSD increments 204.340 -Designation of air quality areas (nonattainment areas) 204.360 –Baseline areas Reduce by referencing federal language directly 204.360 –Class I areas Remove parts rendered unnecessary by proposed changes 204.320 -Designation and redesignation of areas 5October 20, 2010
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Florida Department of Environmental Protection Summary of Proposed Amendments
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204.100 Purpose and Scope Propose to be repealed Explanatory and extraneous 7October 20, 2010
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204.200 Definitions Remove all definitions, propose to move to revised 62-210.200 Insert a pointer to 62-210.200 8October 20, 2010
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204.220 Ambient Air Quality Assessment Re-titled from “Ambient Air Quality Protection” to “Ambient Air Quality Assessment” Remove 204.220 (1) and (2) regarding issuing of permits that will not interfere with “attainment or maintenance of any ambient air quality standard…”; Moved to proposed new section of 62-210.300(8) Ambient Air Quality Protection Rulemaking for General Permits, Exemptions, and Clarifying Amendments Renumber (3) and (4) regarding ambient air quality monitors but leave language mostly as is 9October 20, 2010
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204.240 Ambient Air Quality Standards Section proposed to be repealed Standards set forth identical to, or less stringent than, current NAAQS in 40 C.F.R. Part 50, adopted by reference at 62-204.800 Definition of “ambient air quality standard” in 62-210.200 includes NAAQS therefore unnecessary to repeat the federal standards here Future revisions to NAAQS will also be adopted by reference at 62-204.800 10October 20, 2010
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204.260 Prevention of Significant Deterioration Maximum Allowable Increases (PSD Increments) Section proposed to be repealed PSD increments in this section identical to 40 C.F.R. 52.21(c) and adopted by reference in 62- 204.800 Definition of “maximum allowable increase” or “PSD increment” that references this federal rule added to 62-210.200 in concurrent rulemaking Future revisions to PSD increments will be adopted by reference via this definition in 62- 210.200 11October 20, 2010
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204.320 Procedures for Designation and Redesignation of Areas Section proposed to be repealed Restates federal procedures the department is required to follow regardless of their presence in a DEP rule Further rendered unnecessary from other rule changes in this chapter (removing “PSD Area” in 62-204.360) 12October 20, 2010
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204.340 Designation of Air Quality Maintenance Areas Re-titled: Designation of Air Quality Attainment, Nonattainment, and Maintenance Areas, and proposed to be reduced to subsection (4), Designation of Air Quality Maintenance, only REMOVE: Language for designation of (1) attainment, (2) nonattainment, and (3) unclassifiable areas set forth in 40 C.F.R. 81.310, adopted by reference Definition of “nonattainment” in 210.200 revised to reference federal language More efficient implementation of impending EPA designations KEEP: Term “air quality maintenance area” used in DEP air rules to identify where pollutant-specific RACT rules apply, therefore preserved for state purposes 13October 20, 2010
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204.360 Designation of Areas for Prevention of Significant Deterioration (PSD) Purposes Re-titled: Designation of Areas for Prevention of Significant Deterioration (PSD) Purposes Areas Reorganized to eliminate the use of the term “PSD area” Designations in 40 C.F.R. Part 81, adopted by reference Proposed revised definition of “baseline area” in 62- 210.200 refers to the federal designations, therefore this section can be reduced Minor source baseline dates preserved 14October 20, 2010
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204.360 cont. PM 2.5 Added PM 2.5 baseline area proposed to be the entire state, consistent with other pollutants Sentence serving as a placeholder for when minor source baseline date is determined, pursuant to the revised definition of “minor source baseline date” in 62-210.200 “Major source baseline date” for PM 2.5 defined in 62-210.200 as date of publication of the PM 2.5 increments in F.R. Class I Areas Proposed to remove the listing of Class I areas and refer to their listing in 40 C.F.R. Part 81, Subpart D (Class I areas where visibility is determined to be an important value), adopted by reference AND list Bradwell Bay National Wilderness Area, since it is one of two Class I areas where visibility was not determined to be an important value 15October 20, 2010
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Comments by November 10 Mail to:Department of Environmental Protection Division of Air Resource Management, MS-5500 2600 Blair Stone Rd. Tallahassee, FL 32399-2400 Attn: Lynn Scearce, Rules Coordinator Or e-mail to:kelly.stevens@dep.state.fl.us andkelly.stevens@dep.state.fl.us lynn.scearce@dep.state.fl.us All comments are public records and will be posted on the department’s website along with this presentation at: http://www.dep.state.fl.us/air/rules/regulatory/naaqs_nonattain_des ignat.htm http://www.dep.state.fl.us/air/rules/regulatory/naaqs_nonattain_des ignat.htm To receive updates on this rule development project by e-mail, provide name, affiliation, and e-mail address to Lynn Scearce at: lynn.scearce@dep.state.fl.us 16October 20, 2010
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