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Air Quality Standards and Nonattainment Updates

Air Quality Standards and Nonattainment Updates. Rule Development Workshop Chapter 62-204, F.A.C. October 20, 2010. 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.

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Air Quality Standards and Nonattainment Updates

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  1. Air Quality Standards and Nonattainment Updates Rule Development Workshop Chapter 62-204, F.A.C. October 20, 2010

  2. 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 October 20, 2010

  3. 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) October 20, 2010

  4. 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 October 20, 2010

  5. 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 October 20, 2010

  6. Summary of Proposed Amendments

  7. 204.100 Purpose and Scope • Propose to be repealed • Explanatory and extraneous October 20, 2010

  8. 204.200 Definitions • Remove all definitions, propose to move to revised 62-210.200 • Insert a pointer to 62-210.200 October 20, 2010

  9. 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 October 20, 2010

  10. 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 October 20, 2010

  11. 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 October 20, 2010

  12. 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) October 20, 2010

  13. 204.340 Designation of Air Quality Maintenance Areas • Re-titled: Designation of Air QualityAttainment, 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 October 20, 2010

  14. 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 October 20, 2010

  15. 204.360 cont. • PM2.5 • Added PM2.5 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 PM2.5 defined in 62-210.200 as date of publication of the PM2.5 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 October 20, 2010

  16. 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 and 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_designat.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 October 20, 2010

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