§ 27-176. General license and permit requirements; exemptions; application requirements; actions on licenses and permits; and criteria for issuance or denial.

(a)

General License and Permit Requirements:

(1)

Broward County Air Licenses. The owner or operator of any source which emits or can reasonably be expected to emit any air pollutant, shall obtain a valid license from EPGMD before beginning construction or modification, or initial or continued operation of the source, unless exempted pursuant to this section.

(2)

Broward County Parking Facility Licenses. Prior to constructing or modifying a parking facility(ies) as described below, the owner or operator shall obtain a valid license from EPGMD:

a.

Any single-level parking facility(ies) with a design or use capacity of fifteen hundred (1,500) parking spaces or more, or any modification of any existing facility which will increase such parking facility(ies) to a design or use capacity of fifteen hundred (1,500) parking spaces or more;

b.

Any multi-level parking facility(ies) with a design or use capacity of seven hundred fifty (750) parking spaces or more, or any modification of any existing facility which will increase such parking facility(ies) to a design or use capacity of seven hundred fifty (750) parking spaces or more;

c.

Any combination of a single-level and multi-level parking facility(ies) (combination of parking lots, decks, and garages) with a design capacity or use capacity of at least one thousand (1,000) parking spaces or more, or a modification of any existing facility which will increase such parking facility(ies) to a design or use capacity of one thousand (1,000) parking spaces or more;

d.

Any proposed parking facility(ies) with a design of or use capacity of four hundred (400) or more parking spaces that will result in the degradation or exceedance of the NAAQS, as determined by EPGMD. EPGMD determination shall be based upon the project description, number of parking spaces, and the location of the proposed parking facility(ies), as provided by the license applicant.

(3)

Florida Air Permits. Unless exempted pursuant to Rule 62-210.300, F.A.C., as amended, or any Florida Statute, the owner or operator of any emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain an appropriate permit from EPGMD prior to beginning construction, modification, or initial or continued operation of the emissions unit. All emissions limitations, controls, and other requirements imposed by such permits shall be at least as stringent as any applicable limitations and requirements contained in or enforceable under the SIP or that are otherwise federally enforceable. Issuance of a permit does not relieve the owner or operator of an emissions unit from complying with any applicable requirements, any emission limiting standards or other requirements of the air pollution regulations or any other such requirements under federal, state, or local law.

(b)

Exemptions from Licensing and Permitting: The following activities, facilities, and sources of air pollution are exempt from the requirements of this article for obtaining an air quality license and/or permit; however, exempt sources shall be subject to all applicable emission limiting standards specified in this article. In addition, sources exempt from the requirement to obtain an air quality license or permit may not necessarily be exempt from obtaining other licenses or permits required in the Code. These exemptions do not apply to any machine, equipment, device, or exhaust system, the discharge from which contains airborne radioactive material in concentrations above the natural radioactive background concentration in the air.

(1)

One or more fossil fuel steam generators and hot water generating units located within a single source; collectively having a total rated heat input equaling one hundred million (100,000,000) BTU per hour or less; and collectively only burning annually no more than one hundred forty-five thousand (145,000) gallons of fuel oil containing no more than one percent (1.0%) sulfur, or no more than two hundred ninety thousand (290,000) gallons of fuel oil containing no more than one-half of one percent (0.5%) sulfur, or an equivalent prorated amount of fuel oil if multiple fuels are used, provided none of the generators or hot water generating units is subject to the Federal Acid Rain Program or any standard or requirement under 42 U.S.C. Section 7411 or 7412.

(2)

Any individual fossil fuel steam generator and hot water generating unit with a rated heat input equaling one hundred million (100,000,000) BTU per hour or less and only burning annually no more than one hundred fifty million (150,000,000) standard cubic feet of natural gas or no more than one million (1,000,000) gallons of propane or no more than one million (1,000,000) gallons of fuel oil containing no more than five one-hundredths of one percent (.05%) sulfur, or an equivalent prorated amount if multiple fuels are used, provided:

a.

The total annual fuel consumption for all units at a source does not exceed three hundred seventy-five million (375,000,000) standard cubic feet of natural gas or two million five hundred thousand (2,500,000) gallons of propane or two million five hundred thousand (2,500,000) gallons of fuel oil containing no more than five one-hundredths of one percent (.05%) sulfur, or an equivalent prorated amount if multiple fuels are used; and

b.

The unit is not subject to the Federal Acid Rain program or any standard or requirement under 42 U.S.C. Section 7411 or 7412.

(3)

One or more fossil fuel steam generators and hot water generating units located within a single source, collectively having a total rated heat input equaling ten million (10,000,000) BTU per hour or less, and fired exclusively by natural gas or propane, provided during periods of natural gas curtailment, only propane or fuel oil containing no more than one percent (1.0%) sulfur is fired, and none of the generators or hot water heating units is subject to the Federal Acid Rain Program or any standard or requirement under 42 U.S.C. Section 7411 or 7412.

(4)

One or more heating units, general purpose internal combustion engines, or other combustion devices, all of which are located within a single source, and are not air pollution control equipment, provided:

a.

Total fuel consumption by all such heating units, general purpose internal combustion engines, and other combustion devices that would be exempted is limited to only thirty-two thousand (32,000) gallons per year of diesel fuel, four thousand (4,000) gallons per year of gasoline, four million four hundred thousand (4,400,000) standard cubic feet per year of natural gas or propane, or an equivalent prorated amount if multiple fuels are used; and

b.

Fuel for the heating units, general purpose internal combustion engines, and other combustion devices that would be exempted is limited to only natural gas, diesel fuel, gasoline and propane; and

c.

None of the heating units, general purpose internal combustion engines, or other combustion devices that would be exempted are subject to the Federal Acid Rain Program.

(5)

One or more emergency generators located within a single source, provided none of the emergency generators are subject to the Federal Acid Rain Program, and the total fuel consumption by all such emergency generators within the source is limited to only thirty-two thousand (32,000) gallons per year of diesel fuel, four thousand (4,000) gallons per year of gasoline, four million four hundred thousand (4,400,000) standard cubic feet per year of natural gas or propane, or an equivalent prorated amount if multiple fuels are used.

(6)

Emergency (backup) electrical generators at residential dwelling units.

(7)

Portable electrical generators that can be moved by hand from one location to another.

(8)

Comfort air conditioning or comfort ventilating systems.

(9)

Home heating and comfort heating equipment with a gross maximum heat output less than one million (1,000,000) BTU per hour.

(10)

Equipment used exclusively for space heating, other than boilers.

(11)

Equipment used for steam cleaning.

(12)

Cold storage refrigeration equipment except for any such equipment located at a Title V Source using an ozone-depleting substance.

(13)

Noncommercial and nonindustrial vacuum cleaning systems used exclusively for housekeeping purposes at residential dwelling units.

(14)

Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction.

(15)

Janitorial services and consumer use of janitorial products.

(16)

Plant maintenance and upkeep activities ( e.g., grounds-keeping, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, installing insulation, paving parking lots) provided these activities are not conducted as part of a manufacturing process, are not related to the source's primary business activity, and not otherwise triggering a permit modification. Cleaning and painting activities qualify if they are not subject to VOC or HAP control requirements.

(17)

Repair or maintenance shop activities not related to the source's primary business activity, not including emissions from surface coating or degreasing (solvent metal cleaning) activities, and not otherwise triggering a license or permit modification.

(18)

Belt or drum sanders having a total sanding surface of five (5) square feet or less per sander, and other equipment used exclusively on products having a density of twenty (20) pounds per cubic foot or more.

(19)

Air compressors and pneumatically operated equipment, including hand tools.

(20)

Drop hammers or hydraulic presses for forging or metalworking.

(21)

Brazing, soldering and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals.

(22)

Fire and safety equipment.

(23)

Petroleum lubrication systems.

(24)

Laboratory equipment used exclusively for chemical or physical analyses, and vacuum pumps in laboratory operations.

(25)

Vents from continuous emissions monitors and other analyzers.

(26)

Batteries and battery charging stations, except at battery manufacturing plants.

(27)

Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOC or HAP in excess of the standards provided in this article.

(28)

Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized.

(29)

Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized.

(30)

Noncommercial smokehouses used exclusively for smoking food products.

(31)

Bakery ovens located at any retail bakery source which derives at least fifty percent (50%) of its revenues from retail sales on premises, or bakery ovens located at any commercial bakery source utilizing only non-conveyor belt ovens operating on a single baking cycle in which a determinate amount of product is cooked at one baking ( i.e., batch ovens).

(32)

Restaurants.

(33)

Tobacco smoking rooms and areas.

(34)

Bathroom/toilet vent emissions.

(35)

Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solutions of bleach or detergents.

(36)

Petroleum dry cleaning facilities with a total manufacturers' rated dryer capacity equal to or greater than eighty-four (84) pounds, and a solvent consumption of less than three thousand two hundred fifty (3,250) gallons per year.

(37)

Degreasing units using heavier-than-air vapors exclusively, except any such unit using or emitting any substance classified as a hazardous air pollutant.

(38)

Surface coating operations within a single source if the total quantity of coatings containing greater than five percent (5%) VOCs, by volume, used is six (6) gallons per day or less, averaged monthly, provided:

a.

Such operations are not subject to an RACT requirement of Section 27-173 of the Code; and

b.

The amount of coatings used shall include any solvents and thinners used in the process including those used for cleanup.

(39)

Application of fungicide, herbicide, or pesticide.

(40)

Volume reduction process facilities as defined in Section 27-174 of the Code, wherein the owner or operator manages only spent mercury-containing lamps removed from the source where the volume reduction process is located.

(41)

Mercury recovery facilities as defined in Section 27-174 of the Code, wherein the owner or operator manages only mercury-containing devices temporarily or permanently removed from service from the owner or operator's own facilities or installations.

(42)

Internal combustion engines used for landscaping purposes.

(43)

Internal combustion engines, boats, aircraft and vehicles used for transportation of passengers or freight.

(44)

Vehicle refueling operations and associated fuel storage.

(45)

Renovation, demolition and disposal activities involving materials containing asbestos.

(46)

Burning of drugs seized by law enforcement agencies in boilers with a heat input of two hundred fifty million (250,000,000) BTU per hour or more.

(47)

Structural changes which cannot change the quality, nature or quantity of air pollutant emissions or which will not cause pollution.

(48)

Functionally equivalent replacement in whole or in part to any source where a license or permit to operate has been previously granted under this section.

(49)

Any existing or proposed installation which does not or will not cause the emissions of air pollutants in sufficient quantity, with respect to its character, quality, or content, and the circumstances surrounding its location, use and operation, as to contribute significantly to the pollution problems within Broward County, as determined by EPGMD.

(c)

License and Permit Application Requirements:

(1)

License Application Requirements: A complete application for an air quality or parking facility(ies) license shall be submitted on approved EPGMD application form(s) by an owner or operator or authorized agent, and must be accompanied by required fee(s) as established by the Board in Section 40.23 of the Broward County Administrative Code, as amended;

a.

Required air quality license application data: An air quality license application must be accompanied by documents and drawings as required by EPGMD that describe the proposed source and activities to be performed on-site in sufficient detail to meet the emission limiting standards in this article and to clearly identify all potential impacts to the environment and public health. All applications for air quality licenses, as well as all engineering drawings, shall be signed and sealed by a Florida registered professional engineer. Application data required shall include, but shall not be limited to:

1.

Description of the general nature of business;

2.

Specific source descriptions;

3.

A vicinity map or aerial photograph current within one (1) year;

4.

List of all regulated air pollutants whose facility(ies)-wide potential to emit is equal to or greater than one (1) ton/year;

5.

An eight and one-half by eleven inch (8½″ × 11″) plot plan showing the location of the source, and regulated air pollutant emission points, in relation to the surrounding area, residences and other permanent structures and roadways;

6.

Process flow diagram(s) which identify individual operations and/or processes; indicate raw material, intermediary product, by-product, and finished product flow rates; indicate all waste streams including solid and liquid wastes;

7.

Description of all air pollution control equipment;

8.

Proposed hours of operation;

9.

Additional solvent use;

10.

Fuels used and consumption rates;

11.

Exhaust stack geometry;

12.

The following additional information shall be included with an air quality license application, where applicable:

a)

Exhaust fan data, including manufacturer, model number, horsepower, volumetric flow rate;

b)

Oven manufacturer, model number, and serial number, and design capacity;

c)

Oven geometry and methods of heating;

d)

Oven operating temperature and articles processed;

e)

Silo loading rate, capacity, and type of air pollution control device.

b.

Required parking facility license application data: Data shall be submitted in a compatible electronic format containing input and output files used in the emission estimates from the air dispersion models. For parking facility(ies) constructed in incremental phases, the parking facility(ies) license application must include all the information required in Section 27-176 of the Code, for each and all phase(s) of the proposed facility(ies). Required parking facility(ies) application data shall include but is not limited to:

1.

Name and address of the applicant;

2.

An Air Quality Impact study prepared in accordance with the most current version of DEP "Guidelines for Evaluating the Air Quality Impact of Indirect Sources," and drawings as required by EPGMD that describe the proposed facility(ies) and activities to be performed on-site in sufficient detail to clearly identify all potential impacts to the environment and public health. All engineering drawings shall be signed and sealed by a Florida registered professional engineer. The Air Quality Impact Study shall include, but is not limited to:

a)

Name and address of the applicant;

b)

A vicinity map or aerial photograph current within one (1) year. This map shall show all parking facilities located within one (1) mile of all boundaries of the proposed facility(ies);

c)

A site plan showing the location of the proposed facility(ies), dimensions and details such as points of motor vehicle ingress and egress, and other existing parking facility(ies) located within one-fourth (¼) mile of all boundaries of the proposed facility(ies);

d)

A description of the site's prior and proposed use, including normal hours of operation of the facility(ies), and general types of activities;

e)

Identification, vehicle capacities, and levels of service of the principal roads, highways, and intersections located within one-fourth (¼) mile of all boundaries of the proposed facility(ies) that will be used by motor vehicles moving to or from the facility(ies);

f)

An estimate of the average daily traffic volumes, maximum traffic volumes for one (1) hour and eight (8) hour periods, morning and afternoon peak hour traffic volumes of the surrounding roads and highways; and trips generated by the proposed facility(ies) for current buildout, and ten (10) years after the date the parking facility(ies) would be completed and operational;

g)

A map showing the location and coordinates of the receptor sites for the project;

h)

Availability of existing and projected mass transit to service the site;

i)

Worst case scenario for one (1) hour and eight (8) hour average carbon monoxide concentrations for current, build-out, and ten (10) years after the date the parking facility(ies) would be completed and operational;

j)

Air quality monitoring requirements shall be limited to carbon monoxide. Procedures, instrumentation and sampling sites must be approved by EPGMD before monitoring;

k)

EPGMD reserves the right to require additional data as determined necessary to evaluate impacts to air quality.

(2)

Permit Application Requirements: A complete application for a permit shall be submitted on the appropriate DEP form, adopted by reference in Rule 62-210.900, F.A.C., by an owner or operator or authorized agent, and must be accompanied by required fee(s) as established in Chapter 62-4, F.A.C. Required permit application data:

a.

A complete application for a permit shall include all the appropriate information as described in the appropriate DEP instruction form, adopted by reference in Rule 62-210.900, F.A.C., Rule 62-210.920, F.A.C., and any other information required in this article;

b.

Cumulative Impacts: A permit application for any facility(ies) constructed, reconstructed or modified after the effective date of this article and whose potential emissions of a pollutant for which a NAAQS has been established equal or exceed one hundred (100) tons per year, shall contain a demonstration, using any EPA-approved dispersion model, that the source will not reduce by more than one-half (½) the margin between the ambient concentrations and the applicable NAAQS. This requirement does not apply to sources whose potential to emit will be limited by the permit to less than one hundred (100) tons per year;

c.

Pollution Prevention Plan: When applicable, the application shall include a Pollution Prevention plan as specified in Subsection 27-178(a) of this article.

(d)

Actions on Licenses and Permits:

(1)

Action on air quality and parking facility(ies) license applications shall be in accordance with the provisions in Chapter 27, Article I of the Code. A multi-year air quality license, not to exceed five (5) years, may be issued provided that payment equals the fee multiplied by the number of years for which the license is issued.

(2)

If the parking facility(ies) is not completed and operational within five (5) years from the date of issuance, the parking facility(ies) license shall expire and a new application shall be submitted to EPGMD. The application may consist of a demonstration that no significant changes to the carbon monoxide concentrations at the receptor sites have occurred and that the information submitted in the initial application is still valid.

(3)

Action on air permit applications shall be in accordance with the provisions in Chapter 62-4, F.A.C.

(e)

Criteria for Issuance or Denial:

(1)

Standards for issuance or denial of an air quality license shall be in accordance with the provisions in Chapter 27, Article I of the Code. The air quality license for a source which has been shut down for six (6) months or more before the expiration date of the current air quality license shall be renewed for a period not to exceed one (1) year from the date of shutdown, even if the source is not maintained in operational condition, provided:

a.

The owner or operator of the source demonstrates to EPGMD that the source may need to be reactivated and used;

b.

The source was operating in compliance with all applicable rules as of the time the source was shut down;

c.

The owner or operator shall demonstrate to EPGMD before reactivation that such reactivation would not constitute a violation of any applicable provisions of this chapter.

(2)

Standards for issuance or denial of a parking facility(ies) license: EPGMD will deny or issue a parking facility(ies) license after making the determination that the proposed facility(ies) will or will not result in a violation of the Broward County Air Quality Standard for carbon monoxide (CO).

a.

The determination shall be made by evaluating the anticipated carbon monoxide concentrations which will be generated by the parking facility(ies) for the current year, build-out year, and ten (10) year period following the date of completion. Such determination may be made by using traffic flow characteristic guidelines published by EPA which relate traffic demand and capacity considerations to ambient carbon monoxide impact by use of appropriate atmospheric diffusion models and/or any other reliable analytic method approved by EPGMD. Carbon monoxide concentration estimates (for current, build-out, and ten (10) years after the facility(ies) is completed and operational) shall be made for one (1) hour and eight (8) hour periods. Determination of the air quality impact of a proposed parking facility(ies) shall be made at the receptor sites.

b.

If estimated carbon monoxide concentrations are greater than one hundred percent (100%) of the NAAQS, the application shall be denied.

c.

A license shall be issued only for the phase or phases for which the information is submitted. The remaining phase or phases of the project shall require a separate license application and review from EPGMD, in accordance with Subsection 27-176(c)(1)b. of this article.

(3)

Standards for issuance or denial of an air permit shall be in accordance with the provisions in Chapter 62-4, F.A.C., unless otherwise specified in this article.

(Ord. No. 2006-19, § 1, 6-27-06; Ord. No. 2008-05, § 1, 2-12-08; Ord. No. 2009-56, §§ 1, 5, 8-25-09)