WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	All areas are in attainment. EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons (100 tons for listed sources) of any criteria pollutant
Minor Source Permitting Exemption	See list below
Minor Source Treatment	BACT, controls likely
Emergency Generating Limits	500 hours per year

 

DE MINIMIS EXEMPTIONS

There is a long list of categorical exemptions in the rule. The general exemptions are based on a unit's potential to emit less than the following. For an entire facility:

• Criteria Pollutants: 25 tons each OR
• Any hazardous air pollutant: 1 ton;
• Total hazardous air pollutants 2.5 tons;
• Lead and lead compounds expressed as lead: 1,000 lbs/yr or;
• Any other regulated pollutant 10 tons.

For an individual unit:

• Criteria Pollutants: 5 tons each OR
• Any hazardous air pollutant: 0.5 ton;
• Total hazardous air pollutants 1.25 tons;
• Lead and lead compounds expressed as lead: 500 lbs/yr or;
• Any other regulated pollutant 10 tons.

No state notification is required, but a letter is recommended and owners must keep operating records.

The state also allows an exemption for units with annual fuel consumption less than 2700 gallons of gasoline, 32,000 gallons of diesel, 144,000 gallons of propane, and 4.4 million cubic feet for natural gas. This exemption is generally applied to emergency units, but is strictly a consumption-based exemption so any unit could use it. This means there are no other operating limits for units that take this exemption. No state notification is required, but a letter is recommended. Operators must document operation and fuel use.

MINOR SOURCE PERMITTING

A general permit is available for reciprocating internal combustion engines that meet fuel limits of 20,000 gallons per year of gasoline, 250,000 gallons of diesel, 1.15 million gallons of propane, or 40 MMcf natural gas and has no other air general permit. Boilers must perform a BACT analysis for PM and SO2. The typical cost threshold is between $4,000-$6,000 per ton for larger units. Currently, "small boiler BACT" is the use of a fuel containing no more than 0.05% sulfur by weight or an equivalent level of control. The state encourages natural gas units so sources burning other fuels are likely to require emission controls. There is also a 20% opacity limit.

There is a 14 day public comment period and the state has 90 additional days to issue the permit.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons (100 tons of listed sources) per year of a criteria pollutant triggers PSD.

TREATMENT OF EMERGENCY ENGINES

An emergency unit is limited to 500 hours per year and can only operate during emergencies and for maintenance. There is no specific exemption for emergency units however; they can qualify for one of the exemptions listed above.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Siting of small generation facilities is not regulated at the state level. However, local or environmental permitting may be required.

The Power Plant Siting Act (PPSA) describes the certification process for steam electric (using any fuel) or solar power plants which are 75 megawatts (MW) or larger in size. The Florida Department of Environmental Protection manages the certification process, which encompasses all local, state, and some federal permits. [1]

BUILDING, ZONING AND FIRE CODES:

Building Codes: The 2007 Florida Building Code (FBC) becomes effective 31 December, 2008. These are based on the 2006 IBC. Local jurisdictions may amend the code.

• Florida Building Commission

Energy Codes: The FBC include a chapter on energy standards. The 2007 FBC for commercial buildings meets or exceeds ASHRAE 90.1-2004 with state-specific amendments. This code cannot be amended by jurisdictions. A law passed in early 2008 requires updated building codes with aggressive energy efficiency goals. [1]

Fire Codes: Florida has adopted NFPA’s 2006 UFC, with amendments, as the Florida Fire Protection Code.

• Division of State Fire Marshall

Zoning: Zoning and planning typically happens at the local level. Check with each jurisdiction regarding their planning codes

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project

INTERCONNECTION REQUIREMENTS:

In Progress: In June 2008 Florida enacted H.B. 7135, requiring investor-owned utilities to develop a standardized interconnection agreement and net metering program for customer-owned renewable generation by January 1, 2009; municipal utilities and electric cooperatives have until July 1, 2009.

In March 2008, the Florida Public Service Commission (PSC) adopted interconnection rules for renewable-energy systems up to 2 megawatts (MW) in capacity. The PSC rules apply only to the state's investor-owned utilities and not to electric cooperatives or municipal utilities. To qualify for interconnection under PSC rules the gross power rating must not exceed 90% of the customer’s utility distribution service rating.

Florida's interconnection rules include provisions for three tiers of renewable-energy systems: Tier 1: 10 kilowatts (kW) or less; Tier 2: larger than 10 kW, but not larger than 100 kW; Tier 3: larger than 100 kW, but not larger than 2 MW. In June 2008, H.B. 7135 was enacted, requiring IOUs to develop a standardized interconnection agreement and net metering program for customer-owned renewable generation by July 1, 2009.

Tier 1 applicants are not subject to application fees, interconnection studies or liability insurance. Utilities may require that customers applying for Tier 2 interconnection have proof of general liability insurance of $1 million, and $2 million for Tier 2.

Utilities must offer a standard interconnection agreement to expedite interconnection of renewable generation systems. All systems must meet all applicable safety and performance standards established by the National Electric Code (NEC), the Institute of Electrical and Electronics Engineers (IEEE), and Underwriters Laboratories (UL).

For more information contact the PSC.

Florida Public Service Commission

2540 Shumard Oak Blvd .
Tallahassee, FL 32399-0850
Phone: (850) 413-6600
Fax: (850) 487-1716

EXIT FEES:

Florida does not have a statewide policy on exit fees. DG units should be exempt from such fees in the state.

UTILITY STANDBY RATES:

Florida has no statewide policy on standby rates. Relevant information for Florida utilities is summarized below.

Progress Energy Florida Inc - Rate SS-1, SS-2, and SS-3: standby service is available by contract to firm, interruptible, and curtailable demand capacity. Service is charged at a balanced rate between demand and energy charges. Billing demand is based on the greater of the maximum 30 minute demand of the month, or the maximum demand established in the previous 23 months. Rate information is available at: http://www.progress-energy.com/aboutenergy/rates/index.asp#b3

Florida Power & Light Company - Rate SST-1: Standby service is provided to customers that contract with the utility for a specific demand capacity. Charges are based on a reservation fee according to the contract demand with further demand and energy charges based on actual usage. Billing demand is based on the maximum 30 minute demand of the month with no ratchet. Rate information is available at: http://www.fpl.com/rates/