The Florida Senate

403.08725  Citrus juice processing facilities.--

(1)  COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective July 1, 2002, all existing citrus juice processing facilities shall comply with the provisions of this section in lieu of obtaining air pollution construction and operation permits, notwithstanding the permit requirements of ss. 403.087(1) and 403.0872 For purposes of this section, "existing juice processing facility" means any facility that currently has air pollution construction or operation permits issued by the department with a fruit processing capacity of 2 million boxes per year or more. For purposes of this section, "facility" means all emissions units at a plant that processes citrus fruit to produce single-strength or frozen concentrated juice and other products and byproducts identified by Major Group Standard Industrial Classification Codes 2033, 2037, and 2048 which are located within a contiguous area and are owned or operated under common control, along with all emissions units located in the contiguous area and under the same common control which directly support the operation of the citrus juice processing function. For purposes of this section, facilities that do not operate a citrus peel dryer are not subject to the requirements of paragraph (2)(c). For purposes of this section, "department" means the Department of Environmental Protection. Notwithstanding any other provision of law to the contrary, for purposes of the permitted emission limits of this section, "new sources" means emissions units constructed or added to a facility on or after July 1, 2002, and "existing sources" means emissions units constructed or modified before July 1, 2002.

(2)  PERMITTED EMISSIONS LIMITS.--All facilities authorized to construct and operate under this section shall operate within the most stringent of the emissions limits set forth in paragraphs (a)-(g) for each new and existing source:

(a)  Any applicable standard promulgated by the United States Environmental Protection Agency.

(b)  Each facility shall comply with the emissions limitations of its Title V permit, and any properly issued and certified valid preconstruction permits, until October 31, 2002, at which time the requirements of this section shall supersede the requirements of the permits. Nothing in this paragraph shall preclude the department's authority to evaluate past compliance with all department rules.

(c)  After October 31, 2004, for volatile organic compounds, the level of emissions achievable by a 50 percent recovery of oil from citrus fruits processed as determined by the methodology described in subparagraph (4)(a)1. One year after EPA approval pursuant to subsection (9), for volatile organic compounds, the level of emissions achievable by a 65 percent recovery of oil from citrus fruits processed as determined by the methodology described in subparagraph (4)(a)1.

(d)  After October 31, 2004, no facility shall fire fuel oil containing greater than 0.1 percent sulfur by weight. No source shall fire any fuel other than fuel oil, natural gas, ethanol, propane, d-limonene, or biogas. No source shall fire used oil.

(e)  All new boilers and coolers must have a stack height of at least 2.5 times the height of adjacent buildings, and no more than 65 meters, measured from the ground-level elevation at the base of the stack.

(f)  After October 31, 2004, for particulate matter of 10 microns or less, the emissions levels, expressed in pounds per million British thermal units of heat input, unless otherwise specified, are established for the following types of new and existing sources:

1.  Citrus peel dryer, regardless of production capacity: 15 pounds per hour.

2.  Pellet cooler or cooling reel, regardless of production capacity: 5 pounds per hour.

3.  Process steam boiler:

a.  Sources fired with natural gas, ethanol, propane, biogas, or d-limonene and existing sources fired with fuel oil: not limited.

b.  New sources fired with fuel oil: 0.05 pounds per million British thermal units.

4.  Combustion turbine:

a.  Existing sources regardless of fuel: not limited.

b.  New sources fired with natural gas, propane, ethanol, biogas, or d-limonene: not limited.

c.  New sources fired with fuel oil: 0.10 pounds per million British thermal units.

5.  Duct burner:

a.  New and existing sources fired with natural gas, ethanol, propane, biogas, or d-limonene: not limited.

b.  New and existing sources fired with fuel oil: 0.10 pounds per million British thermal units.

6.  Glass plant furnace: existing sources with a maximum noncullet material process input rate of 18 tons per hour; hourly emissions limited as determined by the following equation: Emission limit (pounds per hour) = 3.59 x (process rate, tons per hour raised to the 0.62 power).

7.  Biogas flare for anaerobic reactor: not limited.

8.  Emergency generator: not limited.

9.  Volatile organic compounds emission control incinerator: not limited.

(g)  After October 31, 2004, for nitrogen oxides, the emissions levels, expressed in pounds of nitrogen dioxide per million British thermal units of heat produced, unless otherwise specified, are established for the following types of new and existing sources:

1.  Citrus peel dryer:

a.  Sources that fire natural gas, propane, ethanol, biogas, or d-limonene: not limited.

b.  Sources that fire fuel oil: 0.34 pounds per million British thermal units.

2.  Process steam boiler:

a.  New sources with a heat input capacity of 67 million British thermal units per hour or less and existing sources regardless of heat input capacity: not limited.

b.  New sources with a heat input capacity of more than 67 million British thermal units per hour: 0.10 pounds per million British thermal units.

3.  Combustion turbine:

a.  Existing sources regardless of fuel:

(I)  Existing combustion turbine of approximately 425 million British thermal units per hour heat input capacity: 42 parts per million volume dry at 15 percent oxygen.

(II)  Existing combustion turbines of approximately 50 million British thermal units per hour heat input capacity each, constructed prior to July 1999: 168 parts per million volume dry at 15 percent oxygen.

(III)  Existing combustion turbine of approximately 50 million British thermal units per hour heat input capacity, constructed after July 1999: 50 parts per million volume dry at 15 percent oxygen.

b.  New sources with less than 50 megawatts of mechanically generated electrical capacity, regardless of fuel: 25 parts per million volume dry at 15 percent oxygen.

c.  New sources with greater than or equal to 50 megawatts of mechanically generated electrical capacity, regardless of fuel: 3.5 parts per million volume dry at 15 percent oxygen.

4.  Duct burner:

a.  Existing sources fired with natural gas, propane, or biogas: not limited.

b.  Sources fired with fuel oil: 0.20 pounds per million British thermal units.

5.  Glass plant furnace:

a.  Existing sources regardless of production capacity: not limited.

b.  New sources firing gaseous fuels or fuel oil, regardless of production capacity: 5.5 pounds per ton of glass produced.

6.  Biogas flare for anaerobic reactor: not limited.

7.  Emergency generator: not limited.

8.  Volatile organic compound emission control incinerator: not limited.

(h)  After October 31, 2004, for visible emissions, the levels of visible emissions at all times during operation, expressed as a percent of opacity, are established for the following types of emission sources:

1.  Citrus peel dryer: 20 percent.

2.  Pellet cooler or cooling reel: 5 percent.

3.  Process steam boiler: 20 percent.

4.  Combustion turbine: 10 percent.

5.  Duct burner: limited to the visible emissions limit of the associated combustion turbine.

6.  Glass plant furnace: 20 percent.

7.  Biogas flare for anaerobic reactor: 20 percent.

8.  Emergency generator: 20 percent.

9.  Lime storage silo: 10 percent.

10.  Volatile organic compounds emission control incinerator: 5 percent.

(i)  The department may develop, with the cooperation of the Florida Citrus Processors Association, management practices for the prevention or minimization of any other pollutant that is specifically regulated under the Clean Air Act but not specifically addressed by this section. Such management practices must be developed before the United States Environmental Protection Agency issues its final approval of the program under this section. Once such management practices are developed, each source subject to this section shall comply with such practices. The department shall adopt such practices by rule when practicable.

(3)  EMISSIONS DETERMINATION AND REPORTING.--

(a)  All information submitted to the department by facilities authorized to operate under this section shall be certified as true, accurate, and complete by a responsible official of the facility. For purposes of this section, "responsible official" means that person who would be allowed to certify information and take action under the department's Title V permitting rules.

(b)  All emissions for which the facility is limited by any standard promulgated by the United States Environmental Protection Agency must be determined and reported by a responsible official of the facility in accordance with the promulgated requirement. Reports required by this section shall be certified and submitted to the department.

(c)  All emissions units subject to any enhanced monitoring requirement under any regulation promulgated by the United States Environmental Protection Agency must comply with such requirement.

(d)  All emissions for which the facility is limited by ¹paragraphs (2)(b)-(f) shall be determined on a calendar-year basis and reported to the department by a responsible official of the facility no later than April 1 of the following year. Emissions shall be determined for each emissions unit by means of recordkeeping, test methods, units, averaging periods, or other statistical conventions which yield reliable data; are consistent with the emissions limit being measured; are representative of the unit's actual performance; and are sufficient to show the actual emissions of the unit.

(e)  Each facility authorized to operate under this section shall submit annual operating reports in accordance with department rules.

(f)  Each facility shall have a responsible official provide and certify the annual and semiannual statements of compliance required under the department's Title V permitting rules.

(g)  Each facility shall have a responsible official provide the department with sufficient information to determine compliance with all provisions of this section and all applicable department rules, upon request of the department.

(h)  Records sufficient to demonstrate compliance with all provisions of this section and all applicable department rules shall be made available and maintained at the facility for a period of 5 years for inspection by the department during normal business hours.

(i)  Emission sources subject to limitations for particulate matter, nitrogen oxides, and visible emissions pursuant to ²paragraphs (2)(e)-(g) shall test emissions annually, except as provided in subparagraphs 1.-4., in accordance with department rules using United States Environmental Protection Agency test methods or other test methods specified by department rule.

1.  Tests for particulate matter of 10 microns or less may be conducted using United States Environmental Protection Agency Method 5, provided that all measured particulate matter is assumed to be particulate matter of 10 microns or less. Tests for compliance with the particulate matter emission limit of ³subparagraph (2)(e)2. for the pellet cooler or cooling reel are waived as long as the facility complies with the visible emissions limitation of ⁴subparagraph (2)(g)2. If any visible emissions test for the pellet cooler or cooling reel does not demonstrate compliance with the visible emissions limitation of ⁴subparagraph (2)(g)2., the emissions unit shall be tested for compliance with the particulate matter emission limit of ³subparagraph (2)(e)2. within 30 days after the visible emissions test.

2.  Tests for visible emissions shall be conducted using United States Environmental Protection Agency Method 9. Annual tests for visible emissions are not required for biogas flares, emergency generators, and volatile organic compounds emission control incinerators.

3.  Tests for nitrogen oxides shall be conducted using Environmental Protection Agency Method 7E.

4.  Tests for particulate matter of 10 microns or less for process steam boilers, combustion turbines, and duct burners, and tests for nitrogen oxides for citrus peel dryers, process steam boilers, and duct burners, are not required while firing fuel oil in any calendar year in which these sources did not fire fuel oil for more than 400 hours.

(j)  Measurement of the sulfur content of fuel oil shall be by latest American Society for Testing and Materials methods suitable for determining sulfur content. Sulfur dioxide emissions shall be determined by material balance using the sulfur content and amount of the fuel or fuels fired in each emission source, assuming that for each pound of sulfur in the fuel fired, 2 pounds of sulfur dioxide are emitted.

(k)  A situation arising from sudden and unforeseeable events beyond the control of the source which causes a technology-based emissions limitation to be exceeded because of unavoidable increases in emissions attributable to the situation and which requires immediate corrective action to restore normal operation shall be an affirmative defense to an enforcement action in accordance with the provisions and requirements of 40 C.F.R. s. 70.6(g)(2) and (3), hereby adopted and incorporated by reference as the law of this state. It shall not be a defense for a permittee in an enforcement action that maintaining compliance with any permit condition would necessitate halting of or reduction of the source activity.

(4)  EMISSIONS TRADING.--If the facility is limited by the emission limit listed in paragraph (2)(c) for any such limit which the facility exceeded during the calendar year, the facility must obtain, no later than March 1 of the reporting year, sufficient allowances, generated in the same calendar year in which the limit was exceeded, to meet all limits exceeded. Any facility which fails to meet the limit and fails to secure sufficient allowances that equal or exceed the emissions resulting from such failure to meet the limit shall be subject to enforcement in the same manner and to the same extent as if the facility had violated a permit condition. For purposes of this section, an "allowance" means a credit equal to emissions of 1 ton per year of a pollutant listed in paragraph (2)(c), subject to the particular limitations of paragraphs (a) and (b).

(a)  Emissions allowances may be obtained from any other facility authorized to operate under this section, provided such allowances are real, excess, and are not resulting from the shutdown of an emissions unit. Emissions allowances must be obtained for each pollutant the emissions limit of which was exceeded in the calendar year. Allowances can be applied on a pollutant-specific basis only. No cross-pollutant trading shall be allowed.

1.  Real allowances are those created by the difference between the emissions limit imposed by this section and the lower emissions actually measured during the calendar year. Measurement of emissions for allowance purposes shall be determined in the manner described in this subparagraph. For purposes of measuring whether an allowance was created, a single stack test or use of emissions estimates cannot be used. Measurement of recovery of oil from citrus fruits processed shall be by material balance using the measured oil in the incoming fruit, divided into the sum of the oil remaining in juice, the cold press oil recovered, d-limonene recovered, and oil remaining in the dried pellets, expressed as a percentage. Alternatively, the material balance may use the measured oil in the incoming fruit divided into the oil measured remaining in the pressed peel prior to introduction into the feed mill dryers, in which case the decimal result shall be subtracted from the numeral 1, and added to the decimal result of the measured oil in the incoming fruit divided into the oil measured remaining in the dried pellets, with the resulting sum expressed as a percentage. Measurement of recovery of oil shall be made each operational day and averaged over the days of facility operation during each calendar year. Facilities may accept wet peel from offsite sources for drying, provided that the facility receives sufficient recorded information from the offsite source to measure available oil and oil recovery at the offsite source, and accounts for those values in determining compliance with the limitation of paragraph (2)(c) and the number of allowances that are required to be obtained, if any. Wet peel not processed through the peel dryer shall be excluded from the oil recovery calculations. Methodologies for determining oil contents shall be developed by the Institute of Food and Agricultural Sciences and approved by rule of the department. Other methods of measuring oil recovery or determining oil content may be approved by rule of the department, for trading purposes, provided the methods yield results equivalent to the approved methodologies.

2.  Excess allowances are those not used for any other regulatory purpose.

(b)  No facility located in an area designated nonattainment for ozone shall be allowed to acquire allowances of volatile organic compounds. Nothing shall preclude such a facility from trading volatile organic compounds allowances that it might generate to facilities not located in a nonattainment area for ozone.

(5)  EMISSIONS FEES.--All facilities authorized to operate under this section shall pay annual emissions fees in the same amount to which the facility would be subject under the department's Title V program. For purposes of determining fees until October 31, 2004, emission fees shall be based on the requirements of s. 403.0872 Commencing July 1, 2004, the allowable annual emissions for fee purposes shall be computed as the emissions limits established by this section multiplied by the actual operation rates, heat input, and hours of operation of each new and existing source for the previous calendar year. Actual operation rates, heat input, and hours of operation of each new and existing source shall be documented by making and maintaining records of operation of each source. Fees shall not be based on stack test results. In the event that adequate records of actual operation rates and heat input are not maintained, actual operation shall be assumed to occur at the source's maximum capacity during hours of actual operation, if adequately documented. In the event that adequate records of hours of operation are not maintained, the source shall be assumed to have operated from January 1 through May 31 and October 1 through December 31 of the previous calendar year. All such annual emissions fees shall be due and payable April 1 for the preceding calendar year. Failure to pay fees shall result in penalties and interest in the same manner and to the same extent as failure to pay fees under the department's Title V program. For purposes of determining actual emissions for fee purposes, any allowances traded away shall be deducted and any allowances acquired shall be included. All fees shall be deposited into the Air Pollution Control Trust Fund.

(6)  MODIFICATIONS AND NEW CONSTRUCTION.--Any facility authorized to operate under this section that makes any physical change or any change to the method of operation of the facility shall comply with the requirements of this section at all times, except that any facility located in an area designated as a nonattainment area for any pollutant shall also comply with limits established by department rules for all changes which increase emissions of such pollutant, and except that any facility that becomes subject to the federal acid rain program is no longer authorized to construct or operate under this section and must obtain proper department permits.

(7)  RULES.--The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section. Such rules shall, to the maximum extent practicable, assure compliance with substantive federal Clean Air Act requirements. The department shall require the registration of facilities and shall provide for such participation by the public and the United States Environmental Protection Agency as is required by Title V of the Clean Air Act.

(8)  LEGISLATIVE REVIEW.--By March 2007, the department, after consultation with the citrus industry, shall report to the Legislature concerning the implementation of this section, and shall make recommendations for any changes necessary to improve implementation.

(9)  ENVIRONMENTAL PROTECTION AGENCY APPROVAL.--No later than February 1, 2001, the department shall submit this act to the United States Environmental Protection Agency as a revision of Florida's state implementation plan and as a revision of Florida's approved state Title V program. If the United States Environmental Protection Agency fails to approve this act as a revision of Florida's state implementation plan within 3 years after submittal, this act shall not apply with respect to construction requirements for facilities subject to regulation under the act, and the facilities subject to regulation thereunder must comply with all construction permitting requirements, including those for prevention of significant deterioration, and must make application for construction permits for any construction or modification at the facility which was not undertaken in compliance with all permitting requirements of Florida's state implementation plan, within 3 months thereafter. If the United States Environmental Protection Agency fails to approve this act as a revision of Florida's approved state Title V program within 3 years after submittal, this act shall not apply with respect to operation requirements, and all facilities subject to regulation under the act must immediately comply with all Title V program requirements and must make application for Title V operation permits within 3 months thereafter.

(10)  ADDITIONAL EMISSIONS LIMITS AND EXPIRATION OF THIS PROGRAM.--

(a)1.  No later than June 15 of each calendar year, each citrus processing facility subject to this section shall provide the total facility fruit throughput, in standard box measurement, for the previous June 1 through May 31 period, to the Florida Citrus Processors Association. The facility's responsible official must certify such information as true, complete, and correct. By June 30 of each calendar year, the Florida Citrus Processors Association shall provide to the department the aggregate fruit throughput for all facilities that are subject to this section. In addition, for purposes of assuring compliance with this section, the Florida Citrus Processors Association shall provide the department with throughput information for individual facilities upon request of the department.

2.  On July 31 following the close of a production year (June 1 through May 31) during which the industrywide fruit throughput exceeds 350 million boxes, the terms and conditions of subsections (1)-(4) and (6) shall expire and all facilities subject to those provisions shall become subject to all then-existing department air-permitting requirements for the construction and operation of major air-pollution sources and all generally applicable air-pollution-limiting department rules. Such facilities shall apply for individual Title V permits on or before July 31 of that year, and all facility emissions limits and unit emissions limits effective as of July 30 of that year shall continue to be the effective limits for such units and facilities unless changed through normal department air-pollution preconstruction permit processes. Each facility's fruit throughput is limited to the actual throughput of the most recent production year (June 1 through May 31) unless the throughput level is changed through normal department air-pollution preconstruction permit processes. Any throughput increase above such a throughput level is considered to be a relaxation of a restriction on pollutant-emitting capacity and is subject to rule 62-212.400(2)(g), Florida Administrative Code.

3.  If a facility makes timely application for a Title V permit in accordance with this section and provides information to make the application complete in accordance with department rules, that facility is not considered to be operating without a permit during the processing of the Title V permit if the facility continues to provide the department with all Title V compliance reports and monitoring reports required by 40 C.F.R. part 70 during that period.

(b)1.  The department shall, 3 and 6 years after the full implementation of this regulatory program, evaluate the program to determine if it is successful. The evaluation must address the consolidation of the industry to date and the related changes of emissions units and emissions and modeling of the impacts of such emissions changes, and must be reported to the United States Environmental Protection Agency's Region 4 office, with a copy to the Florida Citrus Processors Association and the federal Class I area land management agencies. The department, in consultation with the United States Environmental Protection Agency, shall determine the success of the program by a comparison of industrywide aggregate air emissions increases and reductions resulting from regulation under this program versus emissions increases and reductions that would have resulted from regulation under the federal new source review program during each 3-year evaluation period. During the evaluation period, the department shall track new sources added to citrus facilities and estimate the emissions limitations that would have resulted from the federal new source review regulations in effect at the time of the addition of each source. As used in this paragraph, the term "regulations in effect" means those regulations that the United States Environmental Protection Agency has published in the Federal Register as a final regulation.

2.  If, at the end of each evaluation period, the comparison of emissions increases and decreases shows that this program results in an overall emissions benefit that is consistent with the intention of the program and is protective of air quality, this regulatory program shall be considered successful. For purposes of this review, the target emissions increases and decreases for this program are:

a.  This program is intended to significantly reduce allowable and actual emissions of volatile organic compounds and sulfur dioxide.

b.  This program is intended to reduce allowable emissions of particulate matter.

c.  This program is not intended to reduce actual emissions of carbon monoxide or nitrogen oxides.

d.  This program is intended to result in an overall emissions benefit that is equal to or better than the benefit that would have resulted from regulation under the federal new source review program, considering the industrywide aggregate of regulated air emissions.

3.  If this program is not considered successful, on July 31 following the date of completion of the evaluation, the terms and conditions of subsections (1)-(4) and (6) shall expire, and all facilities subject to such provisions shall become subject to all then-existing department air-permitting requirements for construction and operation of major air pollution sources and all generally applicable air-pollution-limiting department rules. Such facilities must apply for individual Title V permits on or before July 31 of that year, and all facility emissions limits and unit emissions limits effective as of July 30 of that year shall continue to be the effective limits for such units and facilities, with the exception of any emissions limits required under paragraph (c), unless changed through normal department air-pollution preconstruction permit processes.

4.  If a facility makes timely application for a Title V permit in accordance with this section, and provides information to make such an application complete in accordance with department rules, that facility is not considered to be operating without a permit during the processing of the Title V permit if the facility continues to provide the department with all Title V compliance reports and monitoring reports required by 40 C.F.R. part 70 during that period.

(c)  If the program is not considered successful, the department shall identify each air pollutant, PM10, NOx, SO2, and VOC, for which the industrywide emissions increases are greater than would have resulted under the federal new source review program and shall quantify the extent to which such emissions exceed such levels. For each pollutant so identified, the facilities subject to this section shall individually reduce emissions of such pollutants to the levels equivalent to those that would have resulted under the federal new source review program. This may be done by reducing emissions at one or more emissions units operated within the industry, or by making reductions of such pollutants elsewhere within the peninsular portion of this state, as long as such reductions are real, accurately quantifiable, practically enforceable, and not required or used for any other air-quality purposes. If emissions reductions are taken at emissions units operated within the industry, each applicable facility shall receive emissions limits at such units in Title V permits in addition to limits that would result under paragraph (b).

History.--s. 10, ch. 2000-304; s. 4, ch. 2002-165; s. 3, ch. 2002-253; s. 1, ch. 2003-144; s. 45, ch. 2004-269; s. 12, ch. 2006-2.

¹Note.--Paragraphs (2)(e) and (f) were redesignated as paragraphs (2)(f) and (g), respectively, and a new paragraph (2)(e) was added by s. 1, ch. 2003-144.

²Note.--Paragraphs (2)(e)-(g) were redesignated as paragraphs (2)(f)-(h), respectively, and a new paragraph (2)(e) was added by s. 1, ch. 2003-144.

³Note.--Redesignated as subparagraph (2)(f)2. by s. 1, ch. 2003-144.

⁴Note.--Redesignated as subparagraph (2)(h)2. by s. 1, ch. 2003-144.