.------- 

## ---------------

- - 

### ---------**--~-** 

### -------**-~** -**-~** -**~** 

### -

-- -- ---

....... 

## ---

January 22, 2013 

### FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION

BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400

Ms. Gwendolyn Keyes Fleming Regional Administrator U. S. Environmental Protection Agency (EPA)

- Region 4 61 Forsyth Street, SW Atlanta, GA 30303-8909

Dear Ms. Keyes Fleming: RICK SCOTT GOVERNOR

JENNIFER CA RR OLL LT. GOVERNOR

HERSCHEL T. VINYARD JR

. SECRETARY

Re: Air Program: State Implementation Plan Infrastructure Submittal for the 2010 Revised National Ambient Air Quality Standard for Nitrogen Dioxide

On

. behalf of the Florida Department of Environmental Protection, I hereby confinn that, to the best of my knowledge, the requirements of Sections 1l0(a)(I) and 1l0(a)(2) of the Clean Air Act are adequately addressed in Florida's existing approved State Implementation Plan (SIP) with respect to the implementation of the 2010 revised national ambient air quality standard for nitrogen dioxide (N02)' A notice of hearing appeared in the Florida Administrative Register on December 14,2012 (enclosed), and a hearing, if requested, was to be held January 16,2013. A hearing was not requested and therefore not held. EPA was the only entity that submitted comments. These comments have all been addressed in the following document, which explicitly demonstrates the correlation between the Section 110(a)(2) infrastructure elements and the Florida Statutes and SIP-approved Florida rules that address each such element. An exact duplicate of this submittal in a searchable fonnat has been e-mailed to the Air Planning Branch. If you have any questions on this submittal or need additional infonnation, please
contact Chad Stevens at (850) 717-9089. Thank you for your continued support of our efforts to implement the Clean Air Act in Florida.

Sincerely,

# ~~ Katy L. Fenton, Deputy Director Division of Air Resource Management



### CRS/mb

Enclosure

cc: Scott Davis, Chief, Air Planning Branch, EPA Region 4 (by electronic mail)

www.dep.state·fl

· us1/ 22 /1 3 1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

State Implementation Plan Infrastructure Confirmation for the 2010 Revised National Ambient Air Quality Standard for

Nitrogen Dioxide

Introduction

The United States Environmental Protection Agency (EPA) revised the national ambient air quality standard (NAAQS) for Nitrogen Dioxide ( NO 2 ) on February 9, 2010. See 75 Fed. Reg. 6474 (Feb. 9, 2010). Within three years of EPA’s prom ulgation of a revised NAAQS, states must address basic SIP “infrastructure” elements listed under section 110(a)(2) of the Clean Air Act (CAA) , including emissions inventories, monitoring, and modeling to assure attainment and maintenance of that new NAAQS. See 42 U.S.C. § 74 10(a)(1) & (2). EPA has historically referred to the submittals in which states must address these requirements as “infrastructure SIPs.” 1

Section 403.061(35), Florida Statues, grants the Florida Department of Environme ntal Protection (DEP) the broad authority to “ [e]xercise the duties, powers and responsibilities required of the state under the federal [CAA] , 42 U.S.C. ss. 7401 et seq” and “ implement the programs required under that act in conjunction with its other po wers and duties.” By virtue of this statute, DEP has the authority and responsibility to act on behalf of the State of Florida to develop and revise a SIP as required by CAA section 110(a)(1) and to ensure that the SIP adequately addresses the required in frastructure elements prescribed under CAA section 110(a)(2).

DEP hereby confirms that the requirements of sections 110(a)(1) and the infrastructure elements re quired by sections 110(a)(2)(A)

- (M) of the CAA are adequately addressed in Florida’s existing approved SIP with respect to the implementation of the 2008 revised national ambient air quality standard for NO 2 . Furthermore, DEP confirms that all elements of Florida’s approved SIP have und ergone public notice in accordance with the requirements of 40 CFR 51.102. This document demonstrates the correlation between the section 110(a)(2) infrastructure elements and the Florida Statutes and SIP

- approved Florida rules that address each such elem ent.

Rules and Statutes

Florida’s existing SIP consists largely of Florida Administrative Code (F.A.C.) rules adopted by DEP and approved by EPA through the SIP revision process. The complete list of DEP rules approved and incorporated by reference into Florida’s SIP is published by EPA in the United States Code of Federal Regulations a t 40 CFR 52.520(c)

. T he list includes each F.A.C. rule section number and effective date, with a corresponding EPA approval date for each rule section. The F.A.C. rules a re available online at the Florida Department of State website ( https://www.flrules.org/default.asp ) and at the DEP Division of Air Resource Management website ( http://www.dep.state.fl.us/air/rules/current.htm ).

1 This specific term does not appear in the statute, but EPA uses the term to distinguish this particular type of SIP submission designed to address basic structural requirements of a SIP from other t ypes of SIP submissions designed to address other different requirements, such as ‘‘nonattainment SIP’’ submissions required to address the nonattainment planning requirements of part D, ‘‘regional haze SIP’’ submissions required to address the visibility protection requirements of CAA section 169A, NSR permitting program submissions required to address the requirements of parts C and D, and a host of other specific types of SIP submissions that address other specific matters.1/ 22 /1 3 2 There are five rule chapters of the F.A.C. that contain SIP

- approved rule sections that directly or indirectly address implementation of the NO 2 NAAQS :

 Chapter 62

- 204, F.A.C., Air Pollution Control

– General Provisions

. All EPA regulations cited throughout DEP’s air pollution rules are adopted and incorporated by reference in Rule 62

- 204.800, F.A.C. The purpose and effect of each such adopted regulation is de termined by the context in which it is cited. This rule is referenced in the discussion below regarding the requirements in sections 110(a)(2)(A), (B), (C), (D), ( F ), (J), and (K) of the CAA.

 Chapter 62

- 210, F.A.C., Stationary Sources

– Gen eral Requirements. This rule chapter establishes definitions and the general requirements for major and minor stationary sources of air pollutant emissions. It provides criteria for determining the need for an owner or operator to obtain DEP authorizatio n by permit to conduct certain activities involving sources of air pollutant emissions , and i t est ablishes reporting requirements and requirements relating to estimating emissions. This chapter also sets forth special provisions related to compliance monitoring, stack heights, circumvention of pollution control equipment, and excess emissions. This rule chapter is referenced in the discussion below regarding the requirements in sections 110(a)(2)(A), (B), (C), (D), (F), (J)
, and ( K ) of the CAA.

 Chapter 62

- 212, F.A.C., Stationary Sources

– Preconstruction Review. This rule chapter establishes the preconstruction review requirements f or proposed new emissions units, new facilities, and modifications to existing units and facilities . The requirements of this chapter apply to those proposed activities for which an air construction permit is required. This chapter includes general preco nstruction review requirements and specific requirements for emissions units subject to both attainment and nonattainment area preconstruction review (i.e., New Source Review) . This rule chapter is referenced in the discussion below regarding the requirem ents in sections 110(a)(2) (A), (B), (C), (D), (F), (J)
, and (K) of the CAA.

 Chapter 62

- 296, F.A.C., Stationary Sources

– Emission Standards. This rule chapter establishes emission limiting standards and compliance requirements for stationary sources of air pollutant emissions. It establish es emission limitations for specific categories of facilities and emissions units, including reasonably available control technology (RACT) . This rule chapter is referenced in the discussion below regarding the requireme nts in section 110(a)(2)(A) , (D)
, and (F) of the CAA.

 Chapter 62

- 297, F.A.C., Stationary Sources

– Emissions Monitoring. This rule chapter establishes test procedures for determining the compliance of air pollutant emissions units with emission limiting st andards. This rule chapter is referenced in the discussion below regarding the requirements in sections 110(a)(2)(A) and (F) of the CAA.

As mentioned above, many of the current SIP

- approved rules have been adopted by DEP under the authority of s ection 40 3.061(35), Florida Statutes

. Beyond the broad authority given to DEP by this
statute to implement the CAA, DEP relies on other Florida Statutes for authority to conduct various air program activities such as permitting, monitoring, fee collection, compliance assurance, enforcement, and emergency response. T hese statutes are essential to F lorida’s implementation of the NO 2 NAAQS and are referenced in the discussion below regarding the requirements of section 110(a)(2) of the CAA. For the most part, t he Florida Statutes are referenced only to confirm DEP’s legal authority to implement the S IP ; however, certain statutes have been approved and incorporated into Florida’s SIP and are noted as such

. The Florida Statutes are available online at http://www.leg.state.fl.us/Statutes

.1/ 22 /1 3 3 Section 110(a)(2) Elements

– Implementing Rules and Statutes

110(a)(2)(A)

– Emission limits and other control measures: SIP s must include enforceable emission limits and other control measures, means
, or techniques; schedules for compli ance; and other related
matters

.
 Rules: SIP

- approved r ule chapters 62

- 204, 62

- 210, 62

- 212, 62

- 296
, and 62

- 297, F.A.C.
, c ollectively include emission limits and other control measures for pollutant

- emitting activities that contribute to NO 2 concentrations in the ambient air and p rovide authority for DEP to establish such limits and measures as well as schedules for compliance through SIP

- approved permits.

 Statutes: S ection 403.061(9), Florida Statutes
, authorizes DEP to “ [a] dopt a comprehensive program for the prevention, control, and abatement of pollution of the air... of the state,” ) and section 403.8055, Florida S tatutes, authorizes DEP to “ [a] dopt rules substantively identical to regulations adopted in the Federal Register by the United States Environmental Protection Agency pursuant to federal law..

. . ”

110(a)(2)(B)

– Ambient air quality monitoring: SIP s must provide for the establishment and operation of ambient air quality monitors; the co mpilation and analysis of ambient ai r quality data; and the submission of these data to EPA upon request

.
 Rules: SIP

- approved rule chapters 62

- 204, 62

- 210
, and 62

- 212, F.A.C.
, require the use of Federal Reference Method or equivalent monitors and also provide authority for DEP to establish monitoring requirements through SIP

- approved permits.

 Statutes: S ection 403.061(1), Florida Statutes
, authorizes DEP to “ [a] pprove and promulgate current and long

- range plans developed to provide for air and water quality control and pol lution abatement. ” S ection 403.061(9), Florida Statutes, authorizes DEP to “ [a] dopt a comprehensive program for the prevention, control, and abatement of pollution of the air and waters of the state....” S ection 403.061(11), Florida Statutes, authorizes DEP to “ [e] stablish ambient air quality... standards for the state as a whole or for any part thereof.”

 Note: As of the date of this infrastructure submittal the development of the NO 2 monitoring network is ongoing; therefore Florida ’s NO 2 monitoring strategy will be established per the requirements set forth in the 2012 and any subsequent Annual Monitoring Network plan relevant to the development of Florida’s NO 2 monitoring network

. 110(a)(2)(C)

– Program for enforcement of control measur es and new source review: SIP s must include a program that provides for : enforcement of all SIP measures ; statewide permitting of minor
sources; and permitting of the construction of new or modified stationary sources to meet prevention of significant dete rioration ( PSD ) and nonattainment new source review ( N NSR) requirements

.
 Rules: SIP

- approved rule c hapters 62

- 204, 62

- 210, and 62

- 212, F.A.C., collectively establish a preconstruction, new source permitting program that meet s the PSD and NNSR require ments under parts C and D of the CAA for pollutant

- emitting activities that contribute to NO 2 concentrations in the ambient air and also provide for the enforcement of NO X emission limits and control measures

. DEP’s EPA

- approved preconstruction review program applies to both major and minor sources. N ew major sources and major modifications that are subject to PSD or NNSR permitting must demonstrate that the source or modification will not cause or contribute t o a violation of any NAAQS or PSD increment and provide an analysis of additional impacts of the source or modification, including impacts on visibility. All new or modified major sources of1/ 22 /1 3 4 NO x emissions will apply the Best Available Control Technology ( BACT) to reduce NO X emissions in accordance with the CAA and EPA PSD permitting requirements.

 Statutes: Section 403.061(6), Florida Statutes, requires DEP to “ [e] xercise general supervision of the administration and enforcement of the laws, rules, and regulations pertaining to air and water pol lution.” Section 403.121, Florida Statutes, authorizes DEP to seek judicial and administrative remedies, including civil penaltie s, injunctive relief, and criminal prosecution for violations of any DEP rule or permit.

 Note: EPA has promulgated a Federal Implementation Plan ( FIP ) for the Florida PSD program to address the preconstruction permitting of Greenhou s e gases (76 FR 82246 ). The FIP in conjunction with the above referenced SIP approved rules and Florida Statutes meet the requirements of Section 110(a)(2)(C).

110(a)(2)(D) (i)

– Interstate transport: SIP s must include provisions prohibiting any source or other type of emissions activity with in the state emitting any air pollutant in amounts which will (i) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respec t to any such primary or secondary NAAQS or (ii) interfere with measures required to be included any other state’s SIP to prevent significant deterioration of air quality or to protect visibility

.
 Rules: SIP

- approved sections of Chapters 62

- 204, 62

- 210, a nd 62

- 212, F.A.C., require any new major source or major modification to undergo PSD or NNSR permitting and thereby demonstrate that it will not cause or contribute to a violation of any NAAQS or PSD increment in Florida or any other state and require that the owner or operator provide an analysis of additional impacts of the source or modification, including impacts on visibility

. All new or modified major sources of NO x emissions will apply the Best Available Control Technology (BACT) to reduce NO X e missions in accordance with the CAA and EPA PSD permitting requirements

. The above chapters, along with Chapter 62

- 296, F.A.C., also provide for implementation of the EPA Clean Air Interstate Rule (CAIR).

 Statutes: Section 403.061(14), Florida Statutes
, authorizes DEP to “ [e] stablish a permit system whereby a permit may be required for the operation, construction or expansion of any installation that may be a source of air pollution....” (with the definition of “ pollution ” provided in section 403.031(7), Fl orida Statutes ), and section 403.087, Florida Statutes , provides specific requirements for implementation of a permit system for operation of reasonably expected sources of air pollution.

 Note 1 : Florida ’s regional haze plan for addressing visibility

- impa iring pollutants is, as of the date of this infrastructure submission, proposed to be fully approved under Florida’s SIP by EPA (77 FR 73369)

. This plan ensures that Florida will not interfere with visibility protection in other
states.

 Note 2: DEP understands per EPA’s November 2012 memorandum addressing the vacatur of the 2011 Cross

- State Air Pollution Rule
, 2 that EPA does not expect this SIP infrastructure submission to address th e requirement for SIPs to prohibit significant contribution to n onattainment in, or interfere with maintenance by, any other state with respect to any such primary or secondary NAAQS.

110(a)(2)(D)(ii)

– Interstate and international transport provisions: SIP s must include provisions

e nsuring compliance with the applicable requirements of sections 115 or 126(b) of the CAA.

2 McCarthy, Gina, Assistant EPA Administrator, Memo to Air Division Directors, Regions 1

- 10, Re: Next Steps for Pending Redesignation Requests and Pending State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross

- State Air Pollution Ru le
, November 19, 2012.1/ 22 /1 3 5  Rules: SIP

- approved sections of Chapters 62

- 204, 62

- 210, and 62

- 212, F.A.C., require any new major source or major modification to undergo PSD or NNSR permitting and thereby provide notificatio n to other potentially affected federal, state, and local government agencies

.
 Statutes: Section 403.061(14), Florida Statutes , authorizes DEP to “[e]stablish a permit system whereby a permit may be required for the operation, construction or expansion of any installation that may be a source of air pollution....” (with the definition of pollution provided in section 403.031(7), Florida Statutes ), and section 403 .087, Florida Statutes , provides specific requirements for implementation of a permit system for operation of reasonably expected sources of air pollution.

110(a)(2)(E)

– Adequate resources and authority, conflict of interest, and oversight of local government : States must provide for adequate personnel, funding
, and legal authority under state law to carry out its SIP and related issues ; comply with conflict

- of

- interest requirements under CAA section 128; and ensure adequate oversight of any local g overnment agency responsible for implementation of any SIP provision

.
 Statutes: Section 403.061(2), Florida Statutes , authorizes DEP to “ [h] ire only such employees as may be necessary to effectuate the responsibilities of the department

. ” S ection 403.061 (4), Florida Statutes , authorizes DEP to “ [s] ecure necessary scientific, technical, research, administrative, and operational services by interagency agreement, by contract, or otherwise

. ” S ection 403.182, Florida Statutes , authorizes DEP to approve local pollution control programs

. S ection 320.03(6), Florida Statutes , authorizes DEP to establish an Air Pollution Control Trust Fund and use a $1 fee on every motor vehicle license registration sold in the state for air pollution control purposes . S ection 1 12.3143(4) and section 112.3144, F lorida Statutes, both of which have been adopted and incorporated into Florida’s SIP and, together, require disclosure of conflicts of interest by public officials consistent with the requirements of CAA section 128

.
 Note: The DEP understands that when EPA does a completeness determination and final approval for any SIP submittal, it implicitly determines that the requirements of CAA section 110(a)(2)(E) are met. Each submittal must provide for adequate personnel, funding
, and legal authority under state law to carry out the proposed SIP revision. In order for a submittal to be deemed complete, any local and regional implementation plans must be submitted through the state agency. In Florida’s case, no local or regional areas submit implementation plans; DEP is solely responsible for the SIP.

110(a)(2)(F)

– Stationary source emissions monitoring: SIP s must provide for the establishment and operation of emissions monitoring systems by source owners or operators, and for the submi ssion of periodic emissions reports from such sources

.
 Rules: SIP

- approved sections of Chapters 62

- 204, 62

- 210, 62

- 212, 62

- 296, and 62

- 297, F.A.C., to the extent such rule sections require emissions monitoring and reporting for pollutant

- emit ting activities that contribute to NO 2 concentrations in the ambient air, including requirements for the installation, calibration, maintenance
, and operation of equipment for continuously monitoring or recording emissions, or provide authority for DEP to establish such emissions monitoring and reporting requirements through SIP

- approved permits ; and require reporting of NO X emissions in such manner as to allow the state to correlate such data with applicable emission limitations and comply with the prov isions of the EPA Air Emissions Reporting Rule

.
 Statutes: Section 403.061(13), Florida Statutes , which authorizes DEP to “ [r] equire persons engaged in operations which may result in pollution to file reports which may contain... any other such information a s the department shall prescribe...” ; also, section 403.8055, Florida Statutes , which authorizes DEP to “ [a] dopt rules substantively identical to regulations adopted in the Federal Register by the United States Environmental Protection Agency pursuant to fed eral law....”1/ 22 /1 3 6 110(a)(2)(G)

– Emergency powers: S tate s must have authority comparable to that in section 303 of the CAA to address activities causing imminent and substantial endangerment to public health and to provide contingency plans to implement such authority.

 Statutes: Section 403.131, Florida Statutes , authori zes DEP to : s eek injunctive relief to enforce compliance with this chapter or any rule, regulation or permit certification, or order; to enjoin any violation specified in s ection 403.061(1) , Florida Statutes (i.e., the failure to obtain a permit or comply with any DEP permit or rule or comply with any Florida Statute administered by the DEP ) ; and to seek injunctive relief to prevent irreparable injury to the air, waters, and property, including animal, plant, and aquatic life, of the state and to protect hu man health, safety, and welfare caused or threatened by any violation

. ” Section 120.569(2)(n), Florida Statutes
, authorizes DEP to issue emergency orders to address immediate dangers to the public health, safety, or welfare ; both of which have been a dopted and incorporated into Florida’s SIP.

110(a)(2)(H)

– Future SIP revisions: States must have authority to revise its SIP in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or any EPA finding that the SIP is substantially inadequate.

 Statutes: Section 403.061(35), Florida Statutes , as previously described in the “Introduction” above, grants DEP the broad authority to implement the CAA

. Moreover , section 403.061(9), Florida Statutes , authorizes DEP to “ [a] dop t a comprehensive program for the prevention, control, and abatement of pollution of the air ... of the state, and from time to time review and modify such programs as necessary.”

110(a)(2)(I)

– Nonattainment areas: States must meet the applicable requireme nts of part D of the CAA relating to nonattainment areas.

 Note: DEP understands that EPA does not expect this SIP infrastructure submission to address this element

. 110(a)( 2)(J)

– Consultation with government officials; public notification of NAAQS violations; and compliance with PSD and visibility requirements: States must consult with local governments and federal land managers pursuant to the provisions of section 121 of the CAA; notify the public of instances or areas exceeding the NAAQS pursuant to section 127 of the CAA; and meet the requirements of part C of the CAA (relating to PSD and visibility protection).

 Rules: SIP

- approved sections of Chapters 62

- 204, 62

- 210
, and 62

- 212, F.A.C. require intergovernmental consultation, public notice
, and compliance with the requirements of part C and D of the CAA. SIP

- approved rule chapters 62

- 204, 62

- 210, and 62

- 212, F.A.C., collectively establish a preconstruction, new source permitting program that meets the PSD requirements under part C of the CAA for pollutant

- emitting activities that contribute to NO 2 concentr ations in the ambient air. N ew major sources and major modifications that are subject to PSD permitting must demonstrate that the source or modification will not cause or contribute to a violation of any NAAQS or PSD increment and provide an analysis of a dditional impacts of the source or modification, including impacts on visibility. All new or modified major sources of NO x emissions will apply the Best Available Control Technology (BACT) to reduce NO X emissions in accordance with the CAA and EPA PSD per mitting requirements

.
 Statutes: Section 403.061(21), Florida Statutes , authorizes DEP to “ [a] dvise, consult, cooperate, and enter into agreements with other agencies of the state, the Federal Government, other states, interstate agencies, groups, politic al subdivisions, and industries affected by the provisions of this act, rules, or policies of the department” and s ection 403.061(20), Florida Statutes , authorizes DEP to “ [c] ollect and disseminate information ... relating to pollution.”1/ 22 /1 3 7  Note 1 : Notification to the public of instances or areas exceeding the NAAQS and associated health effects is provided through implementation of the Air Quality Index reporting system in all required areas.

 Note 2 : EPA has promulgated a FIP for the Florida PSD p rogram to address the preconstruction permitting of Greenhou s e gases (76 FR 82246 ). The FIP in conjunction with the above referenced SIP approved new source preconstruction permitting program meet the PSD requirements of p art C of the CAA

.
 Note 3: Florida ’s regional haze plan for addressing visibility

- impairing pollutants is, as of the date of this infrastructure submission, proposed to be fully approved under Florida’s SIP by EPA (77 FR 73369). This plan ensures that Florida will meet the visibili ty requirements in p art C of the CAA

. 110(a)(2)(K)

– Air quality modeling: States must provide for the performance of air quality modeling as required by EPA to predict the effects on air quality of emissions of NAAQS pollutants and for submission of such data to EPA.

 Rules: SIP

- approved sections of Chapter 62

- 204 , 62

- 210, and 62

- 212, F.A.C., require use of EPA

- approved modeling of pollutant

- emitting sources that contribute to NO 2 concentrations in the ambient air

.
 Statutes: S ection 403.061(13), Florida Statutes , authorizes DEP to “ [r] equire persons engaged in operations which may result in pollution to file reports which may contain information relating to locations, size of outlet, height of outlet, rate and period of emission, and composition and

conc entration of effluent and such other information as the department shall prescribe to be filed...

. ” S ection 403.061(18), Florida Statutes
, authorizes DEP to “ [e] ncourage and conduct studies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and control.”

 Note: DEP has the technical capability to conduct or review all air quality modeling associated with the NSR program and all SIP

- related modeling
, except photochemical grid modeling which is performed for DEP under contract. All such modeling is conducted in accordance with the provisions of 40 CFR Part 51, Appendix W, “Guideline on Air Quality Models.” DEP agrees to subm it any NSR or SIP modeling files to EPA upon request.

110(a)(2)(L)

– Permitting fees: States must assess permitting fees to cover the costs of reviewing, approving, implementing
, and enforcing major stationary source permits.

 Statutes: Paragraph 403.08 7(6)(a), Florida Statutes
, directs DEP to “ require a processing fee in an amount sufficient, to the greatest extent possible, to cover the costs of reviewing and acting upon any application for a permit...

. ”

 Note: The subject costs are covered by the Air Pollution Control Trust Fund, which is made up of various funding sources.

110(a)(2)(M)

– Consultation and participation by affected local entities: States must provide for consultation and participation in SIP dev elopment by local political subdivisions affected by the SIP.

 Statutes: S ection 403.061(21), Florida Statutes , authorizes DEP to “ [a] dvise, consult, cooperate, and enter into agreements with other agencies of the state, the Federal Government, other state s, interstate agencies, groups, political subdivisions, and industries affected by the provisions of this act, rules, or policies of the department.”

 Note: DEP has specific operating agreement s with eight county air pollution control agencies (Duval, Orange, Hillsborough, Pinellas, Sarasota, Palm Beach, Broward, and Miami

- Dade) that delineate the duties and responsibilities of each such county in carrying out Florida’s air program, including applicable portions of the SIP.