                                       
                                       
                               STATE OF FLORIDA
                    DEPARTMENT OF ENVIRONMENTAL PROTECTION
                  PROPOSED SECTION 111(d) STATE PLAN REVISION
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS
                               December 21, 2010





                      SECTION 111(D) STATE PLAN SUBMITTAL
                HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS
                               TABLE OF CONTENTS
SUBJECTPAGE
Letter of Submittal	1
Executive Summary	5
Response to 40 CFR Part 60, Subpart B, Criteria	9
Public Participation	19
Notice of Opportunity to Submit Comments or Request Public Hearing	21
Public Information Transmittal Memos	23
Notification Letters to Other States	25
Pre-hearing Submittal Letter to EPA	29
Materials Comprising Proposed State Plan	31
Amendments to Chapter 62-204, F.A.C. (Composite Copy)	33
State Administrative Materials  -  Chapter 62-204, F.A.C. (Fast Track Adoption)	37
Notice of Proposed Rulemaking, April 30, 2010	39
Joint Administrative Procedures Committee (JAPC) Letter, April 30, 2010	43
Rule Certification Letter, May 28, 2010	45
Rule Certification Statement, May 28, 2010	47
Reference Material Certification Statement, May 28, 2010	49
Adopted Rule or Rule Amendments, Effective June 11, 2010	51
State Administrative Materials  -  Chapter 62-204, F.A.C. (Secretarial Adoption)	55
Notice of Rule Development, April 30, 2010	57
Notice of Proposed Rulemaking, October 8, 2010	59
Joint Administrative Procedures Committee (JAPC) Letter, October 8, 2010	63
Federal Comparison Statement, October 8, 2010	65
Notification to Small Business Regulatory Advisory Council (SBRAC), September 22, 2010	67
JAPC Letter of No Change, December 2, 2010	69
Rule Certification Letter, December 10, 2010	71
Summary of Rule, December 10, 2010	73
Statement of Facts and Circumstances, December 10, 2010	75
Summary of Hearing, December 10, 2010	79
Rule Certification Statement, December 10, 2010	81
Adopted Rule or Rule Amendments, Effective December 30, 2010	83


Letter of Submittal
                                       



Executive Summary
Executive Summary

Introduction

On October 6, 2009, the U.S. Environmental Protection Agency (EPA) promulgated amendments to 40 CFR Part 60, Subparts Ec and Ce, which revise the "new source performance standards" and "emission guidelines," respectively, for hospital/medical/infectious waste incinerators (HMIWI).  Subsequently, the Department of Environmental Protection amended Florida Administrative Code (F.A.C.) Rule 62-204.800, in two stages -- first, to adopt by reference the revisions to Subparts Ec and Ce, and second, to add specific compliance deadlines and a supplemental metals testing requirement pertaining only to units subject to Subpart Ce.  Having adopted these two sets of rule amendments, a composite of which is presented in the "Materials Comprising Proposed State Plan" section of this submittal, the department hereby requests EPA approval of a revision to its previously approved Section 111(d) State Plan for HMIWI to incorporate the Subpart Ce revisions.

Background

On September 15, 1997, pursuant to sections 111 and 129 of the Clean Air Act, EPA promulgated new source performance standards and emission guidelines for all new and existing HMIWI.  On September 16, 1999, the department submitted a Section 111(d) State Plan for implementing and enforcing the emissions guidelines applicable to all existing HMIWI.  On November 15, 2000 (62 FR 68905), EPA approved the department's Section 111(d) State Plan.

At the time of EPA approval, Florida had 32 HMIWI units subject to Subpart Ce; that is, units constructed on or before June 20, 1996.  Florida now has 9 HMIWI units subject to Subpart Ce and one unit subject to Subpart Ec due to a major modification at the unit since promulgation of the original HMIWI regulations in 1997.  Once the October 6, 2009, regulations take effect, all 10 HMIWI units in Florida will be classified as existing sources subject to Subpart Ce.  The 10 units are listed in the "Response to 40 CFR Part 60, Subpart B, Criteria" section of this submittal.

State Rule and Plan Development Process

On April 30, 2010, the department published a notice in the Florida Administrative Weekly (F.A.W.) of intent to update its adoption-by-reference of EPA regulations at 40 CFR Part 60, Subparts A, Ec, and Ce, to incorporate revisions to the new source performance standards and emission guidelines for HMWI promulgated by EPA on October 6, 2009.  The regulations were adopted, effective June 11, 2010, pursuant to the department's fast-track rulemaking process.

On May 26, 2010, the department held a rule development workshop to discuss and receive comments on its proposal to amend the HMIWI rule language adopted by reference at Rule 62-204.800, F.A.C., to set Florida-specific compliance and permit application deadlines, as well as to require additional metals testing each time a particulate matter emissions test is performed.  On October 8, 2010, the department published a notice of proposed rulemaking in the F.A.W., offering the opportunity for interested parties to submit comments on the proposed rule or request a Secretarial rule adoption hearing.  A Secretarial rule adoption hearing was neither requested nor held.  As a result, no changes were made to the rule as noticed October 8, 2010, and the department adopted the rule December 10, 2010, effective December 30, 2010. 

A notice was also published in the F.A.W. on October 22, 2010, offering an opportunity for interested parties to submit written comments on Florida's proposed 111(d) State Plan revision for HMIWI and announcing that a public hearing pursuant to 40 CFR 60.23, if requested, would be held November 23, 2010, on the proposed plan.  Notice of the opportunity to submit comments or request a public hearing was transmitted to EPA on or before October 22, 2010, in accordance with the 30-day notice requirement of 40 CFR 63.23(d).  A public hearing on the proposed 111(d) State Plan was neither requested nor held, and no written comments were received related to the October 22 notice.

Summary of Proposed Rule Amendments  -  Chapter 62-204

At paragraph 62-204.800(9)(g), F.A.C., the department has adopted and incorporated by reference -- and made applicable to Florida HMIWI -- all provisions of 40 CFR Part 60, Subpart Ce, revised as of October 6, 2009.  Specifically, the rule provides that all requirements related to applicability; definitions; emission limiting standards; operating practices; operator training; fugitive ash emissions; compliance and performance testing; and reporting and recordkeeping shall be the same as set forth at Subpart Ce, except for the compliance deadlines.  The department has established dates-certain for compliance with the new emission limitations imposed by the federal rule.  Where Subpart Ce requires compliance by one year after EPA approval of a state's 111(d) plan, the department has specified a deadline of June 1, 2012.  Where extension of the compliance deadline to three years after EPA approval of a state's 111(d) plan is allowed, the department has specified a deadline of June 1, 2014.  State administrative procedures do not permit the department to adopt an "unknown" compliance deadline; hence, the June 1, 2012 and 2014, dates were selected so as not to exceed the October 6, 2012 and 2014, outside deadlines possible under the federal rule.  

Additionally, the department has adopted a requirement for HMIWI facilities to submit an application for permit revision under the Title V program by June 1, 2011.  If the HMIWI is petitioning for a compliance extension to June 1, 2014, it would do so in this permit application and also propose milestone dates for the increments of progress set forth at 40 CFR 60.39e(e).  If the department approves the extension, the increments of progress would be incorporated into the Title V permit and thereby become enforceable by the state and EPA.  

Finally, the department has established a requirement to test for emissions of three hazardous metals (mercury, cadmium, and lead) whenever the HMIWI otherwise tests for particulate matter.  The department has added this provision to better account for the variability of metal concentrations in the input stream and the expected resultant variability in emissions. 


Response to 40 CFR Part 60, Subpart B, Criteria

Section 60.23 Adoption and Submittal of State Plans; Public Hearings

(d)(1)  On October 22, 2010, the department published a notice of opportunity to submit comments or request a public hearing pursuant to 40 CFR 60.23 on Florida's proposed revision to its section 111(d) State Plan for HMIWI.  A public hearing was neither requested nor held, and no written comments were received on the proposed plan revision.  The "Public Participation" section of this submittal document contains a copy of the notice which appeared in the F.A.W.

(d)(2)  A copy of the October 22 public notice; the composite rule language, reflecting both the June 11, 2010, and December 30, 2010, effective rule amendments; and the draft HMIWI emissions inventory were posted on the department's website and made available for public inspection at least 30 days prior to the scheduled hearing date.  Notification of the availability of this information was also transmitted to each of the department's district offices and the offices of each department-approved local air pollution control program at least 30 days in advance of the scheduled hearing date.  The "Public Participation" section of this submittal contains the memoranda of transmittal.

(d)(3)  The Region 4 office of the EPA was notified at least 30 days in advance of the scheduled hearing date and was provided with copies of the material to be considered.  The "Public Participation" section of this submittal contains the pre-hearing submittal letter.

(d)(4)  Notification to affected local programs occurred with the notification of availability of information for public inspection (see response for (d)(2)).

(d)(5)  The states of Georgia, Alabama, and Mississippi were notified of the proposed plan and of the opportunity to submit comments or request a public hearing at least 30 days in advance of the scheduled hearing date.  The "Public Participation" section of this submittal contains the notification letters.

Section 60.24 Emission Standards and Compliance Schedules

The department has amended Rule 62-204.800, F.A.C, to adopt and incorporate by reference all of the emission standards and other requirements of 40 CFR Part 60, Subpart Ce, revised as of October 6, 2009, with the addition of Florida-specific compliance deadlines.  A composite of the June 11, 2010, and December 30, 2010, effective rule amendments is included in the "Materials Comprising Proposed State Plan" section of this submittal.  Certified copies of the two sets of adopted rule amendments making up the composite version are included in the respective "State Administrative Materials" sections of this submittal document. 

Section 60.25 Emission Inventories, Source Surveillance, Reports

Florida HMIWI units subject to the provisions of 40 CFR Part 60, Subpart Ce, are listed in the table at the end of this section.  In its amendments to Rule 62-204.800, F.A.C., the department has adopted and incorporated by reference all monitoring, performance testing, reporting, and recordkeeping requirements of Subpart Ce, with a Florida-specific permit application deadline added to the rule language.  A composite of the adopted rule amendments is included in the "Materials Comprising Proposed State Plan" section of this submittal.  Certified copies of the two sets of adopted rule amendments making up the composite version are included in the respective "State Administrative Materials" sections of this submittal document.

Section 60.26 Legal Authority

The department has the authority to adopt and implement the requirements of 40 CFR Part 60, Subpart Ce, as set forth in this proposed plan revision.  Chapter 403 of the Florida Statutes (F.S.), entitled "Environmental Control," provides the legal framework for most of the activities of the air resource management program within the department.  The most recent version of the Florida Statutes can be found at http://www.leg.state.fl.us/Statutes.

The principal sections of Chapter 403, F.S., that grant the department authority to operate its air resource management program are listed below.  Authority to develop and update Florida's State Implementation Plan (SIP) and 111(d) State Plan is expressly provided by subsection 403.061(35), F.S., which provides that "the department shall have the power and the duty to control and prohibit pollution of air and water in accordance with the law and rules adopted and promulgated by it and, for this purpose, to ... exercise the duties, powers, and responsibilities required of the state under the federal Clean Air Act, 42 U.S.C. ss. 7401 et seq."
403.031	Definitions, including the definition of "regulated air pollutant" (403.031(19)).
403.061	Authority to promulgate plans to provide for air quality control and pollution abatement (403.061(1)); adopt rules for the control of air pollution in the state (403.061(7)); take enforcement action against violators of air pollution laws, rules and permits (403.061(8)); establish and administer an air pollution control program (403.061(9)); set ambient air quality standards (403.061(11)); monitor air quality (403.061(12)); require reports from air pollutant emission sources (403.061(13)); require permits for construction, operation, and modification of air pollutant emission sources (403.061(14)); and exercise the duties, powers, and responsibilities required of the state under the federal Clean Air Act (403.061(35)). 
403.087	Authority to issue, deny, modify and revoke permits. 
403.0872	Authority to establish an air operating permit program as required by Title V of the Clean Air Amendments of 1990. 
403.08735	Authority to promulgate an air emissions bubble rule. 
403.0877	Authority to require engineering certification of permit applications. 
403.121	Authority to seek judicial and administrative remedies for violations. 
403.131	Authority to seek injunctive relief for violations. 
403.141	Authority to find civil liability for violations. 
403.061	Authority to assess civil and criminal penalties for violations. 
403.182	Authority for local pollution control programs. 
403.44	Authority to develop an electric utility greenhouse gas cap-and-trade rule.
403.716	Authority to require training of medical waste incinerator operators. 
403.8052	Authority to establish a Small Business Assistance Program for small-business sources of air pollutant emissions. 
403.8055	Authority to adopt U.S. Environmental Protection Agency (EPA) standards by reference.
403.814	Authority to allow use of general permits, created by rule, for small pollution sources.

Other statutory authorities (outside of Chapter 403, F.S.) for Florida's air resource management program are as follows: 
120.569	Authority of agency head to issue an emergency order in response to an immediate threat to public health, safety, or welfare.
316.2935	Authority to prohibit the sale and operation of motor vehicles whose emission control systems have been tampered with and to prohibit the operation of motor vehicles that emit excessive smoke.
320.03	Authority to establish an Air Pollution Control Trust Fund and use $1 fee on every motor vehicle license registration sold in the state for air pollution control purposes, including support of approved local air pollution control programs.
376.60	Authority to establish a fee for asbestos removal projects. 

Rules adopted by the department under its statutory authority are codified in the F.A.C.  The most recent version of a F.A.C. rule can be found at https://www.flrules.org

HMIWI Units Subject to 40 CFR Part 60, Subpart Ce

                                 Facility Name
                                   Pollutant
                                   Emission
                                   Standard
                                   Emission
                                    Rate a
                                   Test Date
Boca Raton Community Hospital

PALM BEACH COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   3/11/2010

Carbon Monoxide
                                      11
                                     ppmv
                                     16.57
                                     ppmv
                                   3/11/2010

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                     0.482
                                    ng/dscm
                                   2/15/2008

Cadmium
                                    0.0092
                                    mg/dscm
                                    0.0024
                                    mg/dscm
                                   2/12/2008

Hydrogen Chloride
                                      6.6
                                     ppmv
                                     5.84
                                     ppmv
                                   3/11/2010

Mercury
                                     0.018
                                    mg/dscm
                                    0.0009
                                    mg/dscm
                                   2/12/2008

Nitrogen Oxides
                                      140
                                     ppmv
                                     106.8
                                     ppmv
                                   2/13/2008

Lead
                                     0.036
                                    mg/dscm
                                    0.0151
                                    mg/dscm
                                   4/21/2008

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                    0.0146
                                    gr/dscf
                                   3/11/2010

Sulfur Dioxide
                                       9
                                     ppmv
                                      0.5
                                     ppmv
                                   2/13/2008
Bethesda Memorial Hospital

PALM BEACH COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   3/16/2010

Carbon Monoxide
                                      11
                                     ppmv
                                     3.28
                                     ppmv
                                   3/16/2010

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                      1.8
                                    ng/dscm
                                   3/30/2005

Cadmium
                                    0.0092
                                    mg/dscm
                                     0.01
                                    mg/dscm
                                   3/30/2005

Hydrogen Chloride
                                      6.6
                                     ppmv
                                     1.38
                                     ppmv
                                   3/16/2010

Mercury
                                     0.018
                                    mg/dscm
                                       0
                                    mg/dscm
                                   3/30/2005

Nitrogen Oxides
                                      140
                                     ppmv
                                      88
                                     ppmv
                                   3/30/2005

Lead
                                     0.036
                                    mg/dscm
                                      0.1
                                    mg/dscm
                                   3/30/2005

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                    0.0132
                                    gr/dscf
                                   3/16/2010

Sulfur Dioxide
                                       9
                                     ppmv
                                       5
                                     ppmv
                                   3/30/2005
Malcom Randall VA Medical Center

ALACHUA COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   9/12/2009

Carbon Monoxide
                                      5.5
                                     ppmv
                                     30.7
                                     ppmv
                                   9/23/2008

Dioxin/Furan
                                     0.85
                                    ng/dscm
                                     0.073
                                    ng/dscm
                                   9/25/2008

Cadmium
                                     0.013
                                    mg/dscm
                                     0.07
                                    mg/dscm
                                   9/23/2008

Hydrogen Chloride
                                      7.7
                                     ppmv
                                      5.1
                                     ppmv
                                   9/23/2008

Mercury
                                     0.025
                                    mg/dscm
                                     0.002
                                    mg/dscm
                                   9/23/2008

Nitrogen Oxides
                                      190
                                     ppmv
                                     177.8
                                     ppmv
                                   9/23/2008

Lead
                                     0.018
                                    mg/dscm
                                     0.21
                                    mg/dscm
                                   9/23/2008

Particulate Matter[b]
                                     0.020
                                    gr/dscf
                                    0.0275
                                    gr/dscf
                                   9/22/2008

Sulfur Dioxide
                                      4.2
                                     ppmv
                                       0
                                     ppmv
                                   9/23/2008
Memorial Regional Hospital

BROWARD COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   7/2/2010

Carbon Monoxide
                                      11
                                     ppmv
                                       0
                                     ppmv
                                   7/2/2010

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                      2.2
                                    ng/dscm
                                   6/30/2005

Cadmium
                                    0.0092
                                    mg/dscm
                                       0
                                    mg/dscm
                                   6/30/2005

Hydrogen Chloride
                                      6.6
                                     ppmv
                                     0.85
                                     ppmv
                                   7/2/2010

Mercury
                                     0.018
                                    mg/dscm
                                       0
                                    mg/dscm
                                   6/30/2005

Nitrogen Oxides
                                      140
                                     ppmv
                                      101
                                     ppmv
                                   6/30/2005

Lead
                                     0.036
                                    mg/dscm
                                     0.04
                                    mg/dscm
                                   6/30/2005

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                    0.0138
                                    gr/dscf
                                   7/2/2010

Sulfur Dioxide
                                       9
                                     ppmv
                                       5
                                     ppmv
                                   6/30/2005
Lakeland Regional Medical Center

POLK COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   3/8/2010

Carbon Monoxide
                                      11
                                     ppmv
                                     7.06
                                     ppmv
                                   3/8/2010

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                       0
                                    ng/dscm
                                   3/17/2009

Cadmium
                                    0.0092
                                    mg/dscm
                                       0
                                    mg/dscm
                                   3/17/2009

Hydrogen Chloride
                                      6.6
                                     ppmv
                                      5.6
                                     ppmv
                                   3/8/2010

Mercury
                                     0.018
                                    mg/dscm
                                       0
                                    mg/dscm
                                   3/17/2009

Nitrogen Oxides
                                      140
                                     ppmv
                                      105
                                     ppmv
                                   3/17/2009

Lead
                                     0.036
                                    mg/dscm
                                     0.01
                                    mg/dscm
                                   3/17/2009

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                    0.0016
                                    gr/dscf
                                   3/8/2010

Sulfur Dioxide
                                       9
                                     ppmv
                                      21
                                     ppmv
                                   3/17/2009
Stericycle, Inc.

ORANGE COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   7/15/2009

Carbon Monoxide
                                      11
                                     ppmv
                                     2.15
                                     ppmv
                                   7/19/2007

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                       
                                      **
                                      **

Cadmium
                                    0.0092
                                    mg/dscm
                                      **
                                       
                                      **

Hydrogen Chloride
                                      6.6
                                     ppmv
                                    28.987
                                     ppmv
                                   7/19/2007

Mercury
                                     0.018
                                    mg/dscm
                                    0.0123
                                    mg/dscm
                                   7/13/2005

Nitrogen Oxides
                                      140
                                     ppmv
                                      128
                                     ppmv
                                   7/13/2005

Lead
                                     0.036
                                    mg/dscm
                                    0.0086
                                    mg/dscm
                                   7/13/2005

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                    0.00369
                                    gr/dscf
                                   7/19/2007

Sulfur Dioxide
                                       9
                                     ppmv
                                     0.27
                                     ppmv
                                   7/13/2005
Holy Cross Hospital

BROWARD COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   1/22/2009

Carbon Monoxide
                                      11
                                     ppmv
                                       3
                                     ppmv
                                  10/17/2007

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                      1.3
                                    ng/dscm
                                   11/8/2005

Cadmium
                                    0.0092
                                    mg/dscm
                                       0
                                    mg/dscm
                                   11/8/2005

Hydrogen Chloride
                                      6.6
                                     ppmv
                                       2
                                     ppmv
                                  10/17/2007

Mercury
                                     0.018
                                    mg/dscm
                                       0
                                    mg/dscm
                                   11/8/2005

Nitrogen Oxides
                                      140
                                     ppmv
                                      55
                                     ppmv
                                   11/8/2005

Lead
                                     0.036
                                    mg/dscm
                                       0
                                    mg/dscm
                                   11/8/2005

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                     0.009
                                    gr/dscf
                                  10/17/2007

Sulfur Dioxide
                                       9
                                     ppmv
                                       1
                                     ppmv
                                   11/8/2005
Curtis Bay Energy Southeast

PINELLAS COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   9/22/2009

Carbon Monoxide
                                      11
                                     ppmv
                                     6.36
                                     ppmv
                                   9/22/2009

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                     0.442
                                    ng/dscm
                                   9/20/2005

Cadmium
                                    0.0092
                                    mg/dscm
                                    0.0028
                                    mg/dscm
                                   9/20/2005

Hydrogen Chloride
                                      6.6
                                     ppmv
                                     0.017
                                     ppmv
                                   9/22/2009

Mercury
                                     0.018
                                    mg/dscm
                                    0.00181
                                    mg/dscm
                                   9/20/2005

Nitrogen Oxides
                                      140
                                     ppmv
                                      141
                                     ppmv
                                   9/20/2005

Lead
                                     0.036
                                    mg/dscm
                                    0.0667
                                    mg/dscm
                                   9/20/2005

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                    0.0046
                                    gr/dscf
                                   9/22/2009

Sulfur Dioxide
                                       9
                                     ppmv
                                     2.32
                                     ppmv
                                   9/20/2005
St. Joseph's Hospital

HILLSBOROUGH COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   6/3/2009

Carbon Monoxide
                                      11
                                     ppmv
                                      3.6
                                     ppmv
                                   7/18/2008

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                      **
                                       
                                      **

Cadmium
                                    0.0092
                                    mg/dscm
                                    0.0062
                                    mg/dscm
                                   7/24/2006

Hydrogen Chloride
                                      6.6
                                     ppmv
                                      69
                                     ppmv
                                   7/18/2008

Mercury
                                     0.018
                                    mg/dscm
                                    0.0062
                                    mg/dscm
                                   7/24/2006

Nitrogen Oxides
                                      140
                                     ppmv
                                    136.345
                                     ppmv
                                   7/24/2006

Lead
                                     0.036
                                    mg/dscm
                                    0.0062
                                    mg/dscm
                                   7/24/2006

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                    0.00133
                                    gr/dscf
                                   7/18/2008

Sulfur Dioxide
                                       9
                                     ppmv
                                      14
                                     ppmv
                                   7/24/2006
VA Medical Center

MIAMI/DADE COUNTY
Opacity
                                       6
                                    percent
                                       0
                                    percent
                                   5/15/2009

Carbon Monoxide
                                      11
                                     ppmv
                                     5.01
                                     ppmv
                                   5/15/2009

Dioxin/Furan
                                      9.3
                                    ng/dscm
                                     0.016
                                    ng/dscm
                                   5/6/2008

Cadmium
                                    0.0092
                                    mg/dscm
                                       0
                                    mg/dscm
                                   5/7/2008

Hydrogen Chloride
                                      6.6
                                     ppmv
                                     4.37
                                     ppmv
                                   5/15/2009

Mercury
                                     0.018
                                    mg/dscm
                                       0
                                    mg/dscm
                                   5/7/2008

Nitrogen Oxides
                                      140
                                     ppmv
                                      81
                                     ppmv
                                   5/6/2008

Lead
                                     0.036
                                    mg/dscm
                                    0.00004
                                    mg/dscm
                                   5/7/2008

Particulate Matter[b]
                                    0.0110
                                    gr/dscf
                                     0.013
                                    gr/dscf
                                   5/15/2009

Sulfur Dioxide
                                       9
                                     ppmv
                                       8
                                     ppmv
                                   5/6/2008
[a]Emission rates are expressed at 7 percent oxygen, dry basis.

[b]Total particulate matter.

"ppmv" means parts per million, by volume
"ng/dscm" means nanograms per dry standard cubic meter
"mg/dscm" means milligrams per dry standard cubic meter
"gr/dscf" means grains per dry standard cubic foot
** means no test data reported

.
Public Participation
Notice of Opportunity to Submit Comments or Request Public Hearing

Public Information Transmittal Memos




Notification Letters to Other States




Pre-hearing Submittal Letter to EPA





Materials Comprising Proposed State Plan
Amendments to Chapter 62-204, F.A.C. (Composite Copy)

62-204.800 Federal Regulations Adopted by Reference.
   All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides.
   (1) through (7) No Change.
   (8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.
   (a) Definitions. For the purposes of subsection 62-204.800(8), F.A.C., the definitions contained in the various provisions of 40 C.F.R. Part 60 adopted herein shall apply, except that the term "Administrator," when used in any provision of 40 C.F.R. Part 60 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the Secretary or the Secretary's designee.
   (b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40 C.F.R. Part 60, revised as of July 1, 2009, or later as specifically indicated, are adopted and incorporated by reference:
   1. through 7. No Change.
   8. 40 C.F.R. Part 60, Subpart Ec, Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996; amended October 6, 2009, at 74 FR 51368; except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.56c(j). At 40 C.F.R. § 60.50c(m), the "applicable compliance date of the requirements of subpart Ce" shall be the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.
   9. through 81. No Change.
   (9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times.
   (a) General Applicability and Definitions.
   1. The purpose and effect of each subpart of 40 C.F.R Part 60 or portion thereof adopted and incorporated by reference in this subsection is determined by the context in which it is cited within this subsection. The Emission Guidelines for Existing Sources adopted by reference in this rule shall be controlling over other standards in the air pollution rules of the Department except that any emissions limiting standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent than one contained in an Emission Guideline, or which regulates emissions of pollutants or emissions units not regulated by an applicable Emission Guideline, shall also apply.
   2. For the purposes of subsection 62-204.800(9), F.A.C., the definitions contained in the various provisions of 40 C.F.R. Part 60 adopted herein shall apply, except that the term "Administrator," when used in any provision of 40 C.F.R. Part 60 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the Secretary or the Secretary's designee.
   (b) through (c) No change.
   (d) Hospital/Medical/Infectious Waste Incinerators. 40 C.F.R. Part 60, Subpart Ce, Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, revised as of July 1, 2001, is hereby adopted and incorporated by reference, subject to the following provisions:
   1. through 9. No change.
   10. Compliance Times.
   a. through d. No change.
   e. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall comply with the requirements of this paragraph until the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.
   (e) through (f) No change.
   (g) Hospital/Medical/Infectious Waste Incinerators. 40 C.F.R. Part 60, Subpart Ce, Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, revised as of July 1, 2009; amended October 6, 2009, at 74 FR 51368; is hereby adopted and incorporated by reference, subject to the following provisions:
   1. Applicability. The applicability of paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.32e, where the applicable compliance date at 40 C.F.R. § 60.32e(j) shall be the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.
   2. Definitions. The terms used but not defined in 40 C.F.R. 60, Subpart Ce, shall have the meaning given them at 40 C.F.R. 60, Subparts A, B and Ec.
   3. Emission Limiting Standards.
   a. The emission limits applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as the emission limits set forth at 40 C.F.R. § 60.33e(a)(2) or (3).
   b. The opacity limit applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as the opacity limit set forth at 40 C.F.R. § 60.52c(b)(2).
   4. Operator Training and Qualification. The operator training and qualification requirements applicable to each hospital/ medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.53c.
   5. Waste Management. The waste management plan requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.55c.
   6. Inspection. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the inspection requirements as set forth at 40 C.F.R. § 60.36e.
   7. Compliance, Performance Testing, and Monitoring Provisions.
   a. The compliance and performance testing requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.56c, excluding the annual fugitive emissions testing requirements under § 60.56c(c)(3), the CO CEMS requirements under § 60.56c(c)(4), and the compliance requirements for monitoring listed in §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10). Hospital/medical/infectious waste incinerators subject to the emission limits under § 60.33e(a)(2) and (a)(3) may, however, elect to use CO CEMS as specified under § 60.56c(c)(4) or bag leak detection systems as specified under § 60.57c(h).
   b. The monitoring requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.57c.
   c. The use of previous emissions test results applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 CFR § 60.37e(f).
   d. On or after June 1, 2012, any time the owner or operator of any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., conducts a performance test for any reason for particulate matter (PM), the owner or operator shall also conduct a performance test for mercury (Hg), cadmium (Cd), and lead (Pb). Testing shall be conducted in accordance with the applicable test procedures and methods set forth at 40 C.F.R. § 60.56c(b), and test data shall be reported to the Department in accordance with the provisions of 40 C.F.R. § 60.58c(c). This requirement for supplemental metals testing shall not apply if the owner or operator continuously monitors or samples Hg emissions in accordance with the provisions of 40 C.F.R. § 60.56c(c)(5) or 40 C.F.R § 60.56c(c)(7). 
   8. Reporting and Recordkeeping. 
   a. The reporting and recordkeeping requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §§ 60.58c(b) through (g), excluding §§ 60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
   b. In addition, each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the reporting and recordkeeping requirements of 40 C.F.R.§ 60.38e(b).
   9. Compliance Times.
   a. Each hospital/medical infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the operator training and qualification requirements of subparagraph 62-204.800(9)(g)4., F.A.C., by June 1, 2012.
   b. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the inspection requirements of subparagraph 62-204.800(9)(g)6., F.A.C., by June 1, 2012.
   c. Except as provided for under sub-subparagraph 62-204.800(9)(g)9.d., F.A.C., each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with all remaining requirements of paragraph 62-204.800(9)(g), F.A.C., by June 1, 2012.
   d. Any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., that chooses to comply with the alternate schedule set forth at 40 C.F.R. § 60.39e(c), shall submit to the Department the information specified at 40 C.F.R. § 60.39e(d)(1)(i) and (ii) as part of the permit application required pursuant to subparagraph 62-204.800(9)(g)10., F.A.C. The alternate schedule must provide for compliance with the remaining requirements of paragraph 62-204.800(9)(g)9.d., F.A.C., no later than June 1, 2014. 
   10. Permit Application Deadline. Any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall file an application for Title V permit revision no later than June 1, 2011.
   11. Related Provisions. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall also comply with all requirements of paragraph 62-296.401(4), F.A.C., to the extent that such requirements are stricter than, or supplemental to, the requirements of paragraph 62-204.800(9)(g), F.A.C.
   

State Administrative Materials  -  Chapter 62-204, F.A.C. (Fast Track Adoption)
Notice of Proposed Rulemaking, April 30, 2010



Joint Administrative Procedures Committee (JAPC) Letter, April 30, 2010


Rule Certification Letter, May 28, 2010


Rule Certification Statement, May 28, 2010


Reference Material Certification Statement, May 28, 2010


Adopted Rule or Rule Amendments, Effective June 11, 2010


State Administrative Materials  -  Chapter 62-204, F.A.C. (Secretarial Adoption)

Notice of Rule Development, April 30, 2010


Notice of Proposed Rulemaking, October 8, 2010 


Joint Administrative Procedures Committee (JAPC) Letter, October 8, 2010




Federal Comparison Statement, October 8, 2010


Notification to Small Business Regulatory Advisory Council (SBRAC), September 22, 2010

JAPC Letter of No Change, December 2, 2010


Rule Certification Letter. December 10, 2010


Summary of Rule, December 10, 2010


Statement of Facts and Circumstances, December 10, 2010





Summary of Hearing, December 10, 2010


Rule Certification Statement, December 10, 2010



Adopted Rule or Rule Amendments, Effective December 30, 2010


