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NUMBER 2009-01

NEW SOURCE REVIEW UPDATE 2009

TABLE OF CONTENTS

SUBJECT PAGE

Letter of Submittal ........................................................................................................... ............. 1

Executive Summary ............................................................................................................. ......... 5

Response to 40 CFR Part 51, Appendix V, Criteria ................................................................ 11

Statutory Authority ........................................................................................................... ......... 13

403.031, F.S. ................................................................................................................. .... 13 403.061, F.S. ................................................................................................................. .... 18

Materials to be Incorporated into State Implementation Plan (SIP) ..................................... 25

Amendments to Chapter 62-210, F.A.C., (C ertified Copy, Effective 6/29/09) .......... 27 Amendments to Chapter 62-212, F.A.C., (C ertified Copy, Effective 6/29/09) .......... 31

Public Hearing ................................................................................................................ ............. 35

Response to 40 CFR 51.102 Requirements ................................................................... 37

Notice of 40 CFR 51.102 He aring - FAW Copy ........................................................... 38 Notices of 40 CFR 51.102 Hearing - Newspaper Affidavit .......................................... 40 Public Information Package Transmittal Mem os to District Offices and Local Air Programs ...................................................................................................................... .... 46 Pre-Hearing Notification Letters to Other States ........................................................ 50 Pre-hearing Submittal Letter to EPA ........................................................................... 53

Materials Included in Public Informatio n Packages and Pre-he aring Submittal ................ 55

Text of Newspaper Notices of Public Workshop .......................................................... 57 Notice of Proposed Rulemaking – Ame ndments to Chapter 62-210, F.A.C. ............. 65 Notice of Proposed Rulemaking – Ame ndments to Chapter 62-212, F.A.C. ............. 67 EPA Comments on Pre-hearing Submittal................................................................... 71ii State Administrative Materials ................................................................................................ .. 73

Chapter 62-210 ................................................................................................................ ............ 75

Notice of Rule Development (2/13/09) ........................................................................... 77

Joint Administrative Procedures Co mmittee (JAPC) Letter (4/17/09) ..................... 80

Office of Tourism and Economic Development Letter (4/17/09) ................................ 80 Small Business Regulatory Advisory Council (4/17/09) .............................................. 81 Federal Comparison Statement (4/17/09) ..................................................................... 82

Detailed Statement of Facts a nd Circumstances (4/17/09) .......................................... 84 Notice of Proposed Rulemaking (4/17/09)..................................................................... 86 Statement of Estimated Regulato ry Cost (SERC) (4/17/09) ....................................... 88 JAPC Letter of No Change (6/2/09) .............................................................................. 95 Rule Certification Letter (6/9/09) .................................................................................. 96

Rule Certification St atement (6/9/09) ............................................................................ 97 Summary of Rule (6/9/09) ............................................................................................ 100

Detailed Statement of Facts a nd Circumstances (6/9/09) .......................................... 101 Summary of Hearing (6/9/09) ...................................................................................... 103

Chapter 62-212 ................................................................................................................ .......... 105

Notice of Rule Development (2/13/09) ......................................................................... 107

Joint Administrative Procedures Co mmittee (JAPC) Letter (4/17/09) ................... 108

Office of Tourism and Economic Development Letter (4/17/09) .............................. 109 Small Business Regulatory Advisory Council (4/17/09) ............................................ 110 Federal Comparison Statement (4/17/09) ................................................................... 111

Detailed Statement of Facts a nd Circumstances (4/17/09) ........................................ 112 Statement of Estimated Regulato ry Cost (SERC) (4/17/09) ..................................... 114 Notice of Proposed Rulemaking (4/17/09)................................................................... 118 JAPC Letter of No Change (6/2/09) ............................................................................ 120 Rule Certification Letter (6/9/09) ................................................................................ 121

Rule Certification St atement (6/9/09) .......................................................................... 122 Summary of Rule (6/9/09) ............................................................................................ 125

Detailed Statement of Facts a nd Circumstances (6/9/09) .......................................... 126 Summary of Hearing (6/9/09) ...................................................................................... 128iii1 Letter of Submittal23 Executive Summary45 Executive Summary

SIP SUBMITTAL NUMBER 2009-01

NEW SOURCE REVIEW UPDATE 2009

Contents

Introduction
Background
State Rule Development Process
Summary of Proposed Rule Amendments – Chapter 62-210, F.A.C.
Summary of Proposed Rule Amendments – Chapter 62-212, F.A.C.

Noninterference Demonstration

Introduction

The Department of Environmenta l Protection (DEP) is revising Fl orida’s “State Implementation Plan (SIP)” under the federal Clean Air Ac t to incorporate amendments to Florida Administrative Code (F.A.C.) Ch apters 62-210 and 62-212, F.A.C.

Background

On February 2, 2006, DEP promulgated revi sions to Rules 62-210.200 and 62-212.300, F.A.C., as part of a rule development project to impl ement new U.S. Environmental Protection Agency (EPA) regulations at 40 CFR 52.21 affecting stat e “Prevention of Signi ficant Deterioration (PSD)” air permitting programs. DEP submitted these rule amendments to EPA for approval as a revision to Florida’s SIP on February 3, 2006. EPA issued a conditional approval of Florida’s proposed PSD SIP revision on June 27, 2008. EPA’s conditional SIP approval required the state

to revise the definition of “new emissions unit” to clarify equivalency with EPA’s PSD regulations, revise the definiti on of “significant emissions rat e” to include ozone depleting substances as set forth in the EPA regulations an d to revise the recordkeeping requirements at Rule 62-212.300(3)(a)1., F.A.C., to clarify equivalency with EPA’s PSD regulations. The conditional approval also required th e state to withdraw its appare nt request that EPA include a significant emissions rate for merc ury in the Florida PSD program. If DEP fails to remedy these deficiencies by June 29, 2009, the conditional SIP a pproval automatically reverts to disapproval.

State Rule Development Process

Section 403.061(35), Florida Statutes, authorizes DEP to “exercise th e duties, powers, and responsibilities required of the state under the federal Cl ean Air Act.” These duties and responsibilities include th e development and periodic updating of Fl orida’s SIP. Pursuant to this authority, the DEP has developed rule amendm ents to respond to EPA’s requirements.6 On February 27, 2009, the DEP Division of Air Re source Management held a rule development workshop to provide an opportunity for stakehol ders and the public to comment on its proposed changes to Florida’s air construction permitting rules in response to the EPA’s conditional approval of Florida’s new sour ce review SIP. On April 17, 2009, DEP published notices of proposed rulemaking in the Florida Administra tive Weekly, providing proposed rule language and announcing a rule adoption hearing to be held on May 13, 2009.

On April 10, 2009, DEP published notice of the opport unity for a public hearing pursuant to 40 CFR 51.102 to consider its proposa l to submit the rule amendments to EPA as a proposed SIP revision. A SIP public hearing was not request ed, but DEP allowed comment on the proposed SIP revision at the May 13 rule adoption hearing. Notice of the hearing was published in newspapers across the state and transmitted to EP A and neighboring states on or before April 10, 2009, in accordance with the 30-day no tice requirement of 40 CFR 51.102.

Summary of Proposed Rule Amendments – Chapter 62-210

In response to EPA’s conditional approval re quirements, DEP developed the following amendments to Rule 62-210.200, F.A.C.

The definition of “new emissions unit” is amende d to conform to EPA regulations and also to correct a typographical error. The change to the definition of “new emissions unit” is to reconcile the Department’s rule la nguage with that of EPA. The Department does not expect this will change its current interpretation or implemen tation of the “new emissions unit” definition.

Ozone depleting substances (ODS), which are listed in 40 CFR Part 82, Subpart A, Appendices A and B, are added to the defini tion of “regulated air pollutant.” The definition of “significant emissions rate” is amended to provide that ODS be treated the same under Florida’s PSD permitting program as under EPA’s PSD regulati ons at 40 CFR 52.21; specifically, that those ODS that are already regulated as volatile organic compounds (VOC) under the PSD program continue to be regulated as VOC and those ozone depleting substa nces that are also defined as hazardous air pollutants continue to be ex empt from regulation under the PSD program.

Details of the rule amendments are as follows:

62-210.200 Definitions

• 62-210.200(215) “New Emissions Unit” is revised to correct a typographical error and to be

consistent with the federal definition.

• 62-210.200(261) “Regulated Air Pollutan t” is revised to include re ference to ODS as listed at 40 CFR Part 82, Subpart A, Appendi ces A and B listed pollutants.

• 62-210.200(280) “Significant Emissions Rate” is revi sed to provide that ODS be treated the same under Florida’s PSD permitting program as under EPA’s PSD regulations at 40 CFR

52.21.7 Summary of Proposed Rule Amendments – Chapter 62-212

In response to EPA’s request, DEP developed am endments to Rule 62-212.300, F.A.C., to clarify that, for any pollutant for which a permit app licant determines there will be no significant emissions increase pursuant to the PSD applicability provisions of Rule 62-212.400(2), F.A.C., the applicant must provide any ne tting calculations that were used as well as documentation of any emissions that were allowabl y excluded in the determination of projected actual emissions. These amendments simply add clarity—they repres ent no substantive change from how the rule has been used in the past or how it will be used in the future.

Details of the rule amendments are as follows:

62-212.300 General Preconstruction Review Requirements

• 62-212.300(3)(a)1. Recordkeeping re quirements are revised to clarify equivalency with EPA’s PSD regulations

Significant Emissions Rate for Mercury

EPA’s June 27, 2008, conditional approval of Florid a’s proposed PSD SIP revision also requires the state to withdraw its appare nt request that EPA approve a significant emissions rate for mercury in the Florida PSD program. DEP unders tands that the EPA is not authorized to approve mercury as a PSD pollutant and did not intend that the February 3, 2006, proposed SIP revision be regarded as a request for EPA approval relating to me rcury. Mercury is intended to apply as a Florida requirement only. The departme nt apologizes for any confusion this may have

caused.

Noninterference Demonstration

Section 110(l) of the Clean Air Act prohibits EPA from approving any proposed SIP revision that would interfere with any applicable re quirement concerning attainment and reasonable further progress, or any other ap plicable requirement of the Clean Air Act. This proposed SIP

revision clarifies the definition of “New Emissions Unit” as used in the PSD program and adds ODS to the definitions of “Regulated Air Pollutant” and “Significant Emissions Rate” such that

emissions of ODS are treated the same unde r Florida’s PSD rule s as under EPA’s PSD regulations. It also clarifies th at for any pollutant for which a permit applicant determines there will be no significant emissions increase pursuant to the PSD applicability provisions of Rule 62- 212.400(2), F.A.C., the applicant must provide any nett ing calculations that were used as well as documentation of any emissions that were allowa bly excluded in the dete rmination of projected actual emissions. These changes are being made in direct response to EPA’s conditional approval of Florida’s PSD program and, as suc h, will not interfere w ith any Clean Air Act requirement.89 Response to 40 CFR Part 51, Appendix V, Criteria1011 Response to 40 CFR Part 51, Appendix V, Criteria

Administrative Materials

(a) A copy of the letter of submittal, signed by the Director of the Division of Air Resource Management, Florida Department of Environmental Protec tion, on behalf of the Governor of the State of Florida, is located at the front of this document.

(b) This proposed revision to Florida’s SIP consists of:

• Amendments to Chapter 62-210, F.A.C. (Effective June 29, 2009)

• Amendments to Chapter 62-212, F.A.C. (Effective June 29, 2009)

(c) The department has the necessary legal authority to adopt and implement this proposed revision to Florida’s SIP. Pertinent excerpts of the current Florida Statutes may be found in the “Statutory Authority” section of this submittal.

(d) Certified copies of all rules and rule amendments , as filed with the Florida Secretary of State for adoption into the Florida Administrative Code (F.A.C.), and any other materials intended for incorporation into Florida’s SIP may be found in the “Materials to be Incorporated into State Implementation Plan (SIP)” section of this submittal.

(e) The department has complied with all state proce dural requirements in adoption of the rules to be incorporated into the SIP. Copies of all documen ts required under Florida’s Administrative Procedures Act may be found in the “state Administra tive Materials” section of this submittal.

(f) The department has complied with all public h earing requirements of 40 CFR 51.102. Copies of all relevant notices, affidavits of publication and notificati on letters may be found in the “Public Hearing”

section of this submittal. Materials made availabl e for public inspection during the public notice period may be found in the “Materials Included in Pub lic Information Packages and pre-hearing Submittal”

section of this submittal.

(g) Certification of compliance with all state a nd federal public notice and hearing requirements is provided in the letter of submittal.

(h) Written comments received during the public noti ce period on this proposed SIP revision may be

found in the “Public Comments” section of this subm ittal. The department’s response to the public comments may be found in the “Executiv e Summary” section of this submittal.

Technical Support

(a) This SIP revision addresses pollutants subject to Prevention of Significant Deterioration (PSD) permitting requirements. It adds ozone depleting substances to the list of pollutants subject to

PSD.

(b) This SIP revision applies statewide.

(c) through (i) Not applicable.1213 Statutory Authority

SECTIONS 403.031, & 403.061, FLORIDA STATUTES 403.031, F.S.

CHAPTER 403

ENVIRONMENTAL CONTROL

PART I POLLUTION CONTROL (ss. 403.011-403.4154)

403.031 Definitions. --In construing this chapter, or ru les and regulations adopted pursuant hereto, the following words, phrases, or terms, unl ess the context otherwis e indicates, have the following meanings:

(1) "Contaminant" is any substance which is harmful to plant, animal, or human life.

(2) "Department" means the Depart ment of Environmental Protection.

(3) "Effluent limitations" means any restriction established by the department on quantities, rates, or concentrations of chemical, physical , biological, or other constituents which are discharged from sources into waters of the state.

(4) "Installation" is any struct ure, equipment, or facility, or appurtenances ther eto, or operation which may emit air or water contaminants in qu antities prohibited by rule s of the department.

(5) "Person" means the state or any agency or institution thereof, the United States or any agency or institution thereof, or any municipa lity, political subdivision, public or private corporation, individual, partners hip, association, or other entity and includes any officer or governing or managing body of the state, the United States, any agen cy, any municipality, political subdivision, or public or private corporation.

(6) "Plant" is any unit operation, complex, area, or multiple of unit operations that produce, process, or cause to be processed any materials, the processing of which can, or may, cause air or water pollution.

(7) "Pollution" is the presen ce in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or hu man-induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be poten tially harmful or injuri ous to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.

(8) "Pollution prevention" means the steps take n by a potential generator of contamination or pollution to eliminate or reduce the contamination or pollution before it is discharged into the environment. The term includes nonmandatory st eps taken to use alternative forms of energy, conserve or reduce the use of energy, substitute nontoxic materials for toxic materials, conserve14 or reduce the use of toxic ma terials and raw materials, reformulate products, modify manufacturing or other processes, improve in -plant maintenance and operations, implement environmental planning before expanding a facilit y, and recycle toxic or other raw materials.

(9) "Sewerage system" means pipelines or c onduits, pumping stations, and force mains and all other structures, devices, appurtena nces, and facilities used for coll ecting or conducting wastes to an ultimate point for treatment or disposal.

(10) "Source" is any and all po ints of origin of the item defi ned in subsection (1), whether privately or publicly owned or operated.

(11) "Treatment works" and "disposal systems" mean any plant or other works used for the purpose of treating, stabiliz ing, or holding wastes.

(12) "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or te nd to pollute any waters of the state.

(13) "Waters" include, but are not limited to, rivers, lakes, streams, springs, impoundments, wetlands, and all other waters or bodies of water, including fresh, brackish, saline, tidal, surface, or underground waters. Waters owned entirely by one person other than the state are included only in regard to possible discharge on other prop erty or water. Underground waters include, but are not limited to, all underground waters passing through pores of rock or soils or flowing through in channels, whether manmade or natural. Solely for purposes of s. 403.0885 , waters of the state also include navigable waters or waters of the contiguous zone as used in s. 502 of the Clean Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in existence on January 1, 1993, except for those navigable waters seaward of the boundaries of the state set forth in s. 1, Art. II of the State Constitution. Solely for purposes of this chapter, waters of the state also include the area bounded by the following:

(a) Commence at the intersection of State Road (SRD) 5 (U.S. 1) and the county line dividing Miami-Dade and Monroe Counties, said point al so being the mean high-water line of Florida Bay, located in section 4, township 60 south, ra nge 39 east of the Tallahassee Meridian for the point of beginning. From said point of beginni ng, thence run northwesterl y along said SRD 5 to

an intersection with the north line of section 18, township 58 south, range 39 east; thence run westerly to a point marking the southeast corner of section 12, township 58 south, range 37 east, said point also lying on the east boundary of th e Everglades National Park; thence run north along the east boundary of the afor ementioned Everglades National Park to a point marking the northeast corner of section 1, township 58 south, range 37 east; thence run west along said park to a point marking the northwest corner of said section 1; thence run north erly along said park to a point marking the northwest corner of section 24, township 57 south, ra nge 37 east; thence run westerly along the south lines of sections 14, 15, and 16 to the southwest corner of section 16; thence leaving the Everglades National Park boundary run northerly along the west line of section 16 to the northwest corner of section 16; thence east along the northerly line of section 16 to a point at the intersection of the east one-half and west one-hal f of section 9; thence northerly along the line separating the east one-half and th e west one-half of sections 9, 4, 33, and 28; thence run easterly along the north line of section 28 to the northeas t corner of section 28; thence15 run northerly along the west line of section 22 to the northwest corner of section 22; thence easterly along the north line of section 22 to a point at the intersection of the east one-half and west one-half of section 15; thence run northerly along said line to the po int of intersection with the north line of section 15; then ce easterly along the north line of section 15 to the northeast corner of section 15; thence run northerly along the west lines of sections 11 and 2 to the northwest corner of section 2; thence run easterl y along the north lines of sections 2 and 1 to the northeast corner of section 1, township 56 south, range 37 east; thence ru n north along the east line of section 36, township 55 south, range 37 east to the northeast corner of section 36; thence run west along the north line of section 36 to the northwest corner of section 36; thence run north along the west line of section 25 to the northwest corner of sec tion 25; thence run west along the

north line of section 26 to the northwest corner of section 26; thence run north along the west

line of section 23 to the northwest corner of se ction 23; thence run easter ly along the north line

of section 23 to the northeast corn er of section 23; thence run north along the west line of section

13 to the northwest corner of s ection 13; thence run east along th e north line of section 13 to a point of intersection with the we st line of the southeast one-qua rter of section 12; thence run north along the west line of the s outheast one-quarter of section 12 to the northwest corner of the southeast one-quarter of secti on 12; thence run east along the north line of the southeast onequarter of section 12 to the point of intersection with the east line of section 12; thence run east along the south line of the northwe st one-quarter of section 7 to the southeast corner of the northwest one-quarter of secti on 7; thence run north along the east line of the northwest onequarter of section 7 to the point of intersection with the north line of section 7; thence run northerly along the west line of th e southeast one-quarter of section 6 to the northwest corner of the southeast one-quarter of sec tion 6; thence run east along the nor th lines of the southeast onequarter of section 6 and the sout hwest one-quarter of section 5 to the northeast corner of the southwest one-quarter of section 5; thence run northerly along th e east line of the northwest onequarter of section 5 to the point of intersection with the north line of section 5; thence run northerly along the line dividing the east one-half and the west one-half of Lot 5 to a point intersecting the north line of Lot 5; thence run east along the north line of Lot 5 to the northeast corner of Lot 5, township 54 1 /

2 south, range 38 eas t; thence run north alon g the west line of section 33, township 54 south, range 38 east to a poi nt intersecting the north west corner of the southwest one-quarter of section 33; thence run easterly along the north line of the southwest one-quarter of section 33 to th e northeast corner of the southw est one-quarter of section 33; thence run north along the west line of the nor theast one-quarter of section 33 to a point intersecting the north line of section 33; then ce run easterly along the no rth line of section 33 to

the northeast corner of section 33; thence run northerly along the west line of section 27 to a point intersecting the northwest corner of the southwest one-qua rter of section 27; thence run easterly to the northeast corner of the southwes t one-quarter of section 27; thence run northerly along the west line of the northeast one-quarter of section 27 to a point inte rsecting the north line of section 27; thence run west along the north line of section 27 to th e northwest corner of section 27; thence run north along th e west lines of sections 22 a nd 15 to the northwest corner of section 15; thence run easterly along the north lin es of sections 15 and 14 to the point of intersection with the L-31N Levee, said intersecti on located near the south east corner of section 11, township 54 south, range 38 east; thence r un northerly along Levee L-31N crossing SRD 90 (U.S. 41 Tamiami Trail) to an intersection common to Levees L-31N, L-29, and L-30, said

intersection located near the southeast corner of section 2, township 54 south, range 38 east; thence run northeasterly, norther ly, and northeasterly along Levee L- 30 to a point of intersection16 with the Miami-Dade/Broward Levee, said inte rsection located near the northeast corner of section 17, township 52 south, range 39 east; thence run due east to a point of intersection with SRD 27 (Krome Ave.); thence run northeasterl y along SRD 27 to an intersection with SRD 25 (U.S. 27), said intersection located in secti on 3, township 52 south, range 39 east; thence run northerly along said SRD 25, entering into Browar d County, to an intersection with SRD 84 at Andytown; thence run southeasterly along the af orementioned SRD 84 to an intersection with the southwesterly prolongation of Levee L-35A, sa id intersection being located in the northeast one-quarter of section 5, township 50 south, range 40 east; thence run northeasterly along Levee L-35A to an intersection of Levee L-36, said inte rsection located near th e southeast corner of section 12, township 49 south, range 40 east; th ence run northerly along Levee L-36, entering into Palm Beach County, to an intersection co mmon to said Levees L-36, L-39, and L-40, said

intersection located near the west quarter corner of section 19, township 47 south, range 41 east; thence run northeasterly, easte rly, and northerly along Levee L-40, said Levee L-40 being the easterly boundary of the Loxahatchee National Wild life Refuge, to an intersection with SRD 80 (U.S. 441), said intersecti on located near the sout heast corner of secti on 32, township 43 south, range 40 east; thence run westerly along the aforementioned SRD 80 to a point marking the

intersection of said road and the northeasterly prolongation of Le vee L-7, said Levee L-7 being the westerly boundary of the Loxahatchee Natio nal Wildlife Refuge; thence run southwesterly and southerly along said Levee L-7 to an intersection common to Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run southwesterly along Levee L-6 to an intersection common to Levee L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection be ing located near the northwest corner of section 27, township 47 sout h, range 38 east; thence run westerly along the aforementioned Levee L-5 to a point intersecti ng the east line of range 36 east; thence run northerly along said range line to a point marki ng the northeast corner of section 1, township 47 south, range 36 east; thence run westerly along the north line of township 47 south, to an

intersection with Levee L-23/24 (Miami Canal); thence run nort hwesterly along the Miami Canal Levee to a point intersecting the north line of section 22, township 46 south, range 35 east; thence run westerly to a point marking the northwest corner of section 21, township 46 south, range 35 east; thence run southerly to the southw est corner of said section 21; thence run westerly to a point marking the northwest corner of section 30, township 46 south, range 35 east, said point also being on the line dividing Palm Beach and Hendry Counties; from said point, thence run southerly along said county line to a point marking the intersection of Broward, Hendry, and Collier Counties, said point also being the northeast corner of section 1, township 49 south, range 34 east; thence run westerly along the line dividi ng Hendry and Collier Counties and continuing along the prolongation thereof to a poi nt marking the southwest corner of section 36, township 48 south, range 29 east; thence run southerly to a point marking the southwest corner of section 12, township 49 south, range 29 east; thence run westerly to a point marking the southwest corner of section 10, township 49 south, range 29 east; thence run southerly to a point marking the southwest corner of section 15, township 49 south, range 29 east; thence run westerly to a point marking the northwest corner of section 24, township 49 south, range 28 east, said point lying on the west boundary of the Bi g Cypress Area of Critic al State Concern as described in rule 28-25.001, Flor ida Administrative Code; th ence run southerly along said boundary crossing SRD 84 (Alligator Alley) to a poi nt marking the southwest corner of section 24, township 50 south, range 28 east; thence l eaving the aforementioned west boundary of the Big Cypress Area of Critical State Concern run ea sterly to a point marking the northeast corner of section 25, township 50 south, range 28 east; thence run southerly alo ng the east line of range17 28 east to a point lying approxi mately 0.15 miles south of the northeast corner of section 1, township 52 south, range 28 east; thence run so uthwesterly 2.4 miles more or less to an

intersection with SRD 90 (U.S. 41 Tamiami Trail), said inters ection lying 1.1 miles more or less west of the east line of range 28 east; thence run northwesterly and westerly along SRD 90 to an

intersection with the we st line of section 10, township 52 s outh, range 28 east; thence leaving SRD 90 run southerly to a point marking the sout hwest corner of section 15, township 52 south, range 28 east; thence run westerly crossing the Faka Union Canal 0.6 miles more or less to a point; thence run southerly and pa rallel to the Faka Union Canal to a point located on the mean high-water line of Faka Union Bay; thence run southeasterly along the m ean high-water line of the various bays, rivers, inlets, and streams to the point of beginning.

(b) The area bounded by the line described in pa ragraph (a) generally includes those waters to

be known as waters of the state. The landward exte nt of these waters sha ll be determined by the delineation methodology ratified in s. 373.4211. Any waters which are outside the general boundary line described in paragraph (a) but wh ich are contiguous thereto by virtue of the presence of a wetland, watercourse, or other surf ace water, as determined by the delineation methodology ratified in s. 373.4211 , shall be a part of this water body. Any areas within the line described in paragraph (a) which are neither a wetland nor surface water, as determined by the delineation methodology ratified in s. 373.4211 , shall be excluded therefrom. If the Florida Environmental Regulation Commission designat es the waters within the boundaries an Outstanding Florida Water, waters outside the bo undaries shall not be incl uded as part of such designation unless a hearing is held pursuant to notice in eac h appropriate county and the boundaries of such lands are specifically cons idered and described for such designation.

(14) "State water resource implementation rule" means the rule authorized by s. 373.036 , which sets forth goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources , based on statutory policies and directives. The waters of the state are among its most basic resources. Such wate rs should be managed to conserve and protect

water resources and to realize the full beneficial use of these resources.

(15) "Stormwater management program" mean s the institutional strategy for stormwater management, including urban, agricu ltural, and other stormwater.

(16) "Stormwater management system" means a system which is designed and constructed or implemented to control discharges which are ne cessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse wa ter to prevent or reduce flooding, overdrainage, environmental degradation and water pollution or otherwise affect the quantity and quality of disc harges from the system.

(17) "Stormwater util ity" means the funding of a stormwater management program by assessing the cost of the program to the beneficiaries based on their relative contribu tion to its need. It is operated as a typical utility which bills servi ces regularly, similar to water and wastewater

services.

(18) "Watershed" means the land area which cont ributes to the flow of water into a receiving body of water.18 (19) "Regulated air pollutant" means any polluta nt regulated under the fe deral Clean Air Act.

(20) "Electrical power plant" means, for purposes of this part of this chapter, any electrical generating facility that uses any process or fuel and that is owned or operated by an electric utility, as defined in s. 403.503 (14), and includes any associated f acility that dir ectly supports the operation of the electrical power plant.

(21) "Total maximum daily load " is defined as the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations a nd load allocations, the maximum amount of a pollutant that a water body or water segment can assimilate from all sources without exceeding water quality standards mu st first be calculated.

History. --s. 4, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 71-36; s. 2, ch. 71-137; s. 153, ch. 71- 377; s. 1, ch. 73-46; s. 112, ch. 73-333; ss. 1, 2, ch. 74-133; s. 1, ch. 77-174; s. 72, ch. 79-65; s. 13, ch. 84-79; s. 1, ch. 89-143; s. 30, ch. 89-279; s. 22, ch. 91-305; s. 1, ch. 92-132; s. 1, ch. 93- 94; ss. 35, 69, ch. 93-213; ss. 12, 13, ch. 94-122; s. 355, ch. 94-356; s. 7, ch. 96-370; s. 1005, ch. 97-103; s. 24, ch. 97-160; s. 2, ch. 99-223; s. 9, ch. 99-353; s. 42, ch. 2001-62; s. 105, ch. 2008- 4; s. 15, ch. 2008-150; s. 64, ch. 2008-227.

403.061, F.S. 403.061 Department; powers and duties.--The depart ment shall have the power and the duty to control and prohibit pollution of air and water in accordance with the law and rules adopted and promulgated by it and, for this purpose, to: (1) Approve and promulgate current and long-range plans developed to provide for air and water quality control and pollution abatement. (2) Hire only such employees as may be necessary to effectuate the responsibilities of the department. (3) Utilize the faciliti es and personnel of other state agen cies, including the Department of Health, and delegate to any such agency any dut ies and functions as the department may deem necessary to carry out th e purposes of this act. (4) Secure necessary sc ientific, technical, resear ch, administrative, and operational services by interagency agreement, by contract, or otherwis e. All state agencies, upon direction of the department, shall make these servic es and facilities available. (5) Accept state appropriations and loans and grants from the Federal Government and from other sources, public or private, which loans and grants shall not be expe nded for other than the purposes of this act. (6) Exercise general supervision of the admini stration and enforcement of the laws, rules, and regulations pertaining to air and water pollution. (7) Adopt rules pursuant to ss. 120.536 (1) and 120.54 to implement the provisions of this act. Any rule adopted pursuant to this act shall be consistent with the provisions of federal law, if any, relating to control of emissions from moto r vehicles, effluent limitations, pretreatment requirements, or standards of performance. No county, municipality, or political subdivision shall adopt or enforce any local ordinance, special law, or local regulation requiring the installation of Stage II va por recovery systems, as currently defined by department rule, unless19 such county, municipality, or poli tical subdivision is or has been in the past designated by federal regulation as a moderate, serious , or severe ozone nonattainment area. Rules adopted pursuant to this act shall not require discha rgers of waste into waters of the state to improve natural background conditions. Discharges from steam elect ric generating plants existing or licensed under this chapter on July 1, 1984, shall not be require d to be treated to a gr eater extent than may be necessary to assure that the quality of nonthermal components of discharges from nonrecirculated cooling water systems is as high as the quality of the makeup waters; that the quality of nonthermal components of discharges from recirculated cooling water systems is no lower than is allowed for blowdown from such sy stems; or that the quality of noncooling system discharges which receive makeup water from a receiving body of water which does not meet applicable department water qual ity standards is as high as the quality of the receiving body of water. The department may not adopt standards more stringent than federal regulations, except as provided in s. 403.804. (8) Issue such orders as are necessary to eff ectuate the control of ai r and water pollution and enforce the same by all appropriate admi nistrative and judicial proceedings. (9) Adopt a comprehensive program for the prev ention, control, and abatement of pollution of the air and waters of the state, and from time to time review and modify such program as

necessary. (10) Develop a comprehensive program for th e prevention, abatement, and control of the pollution of the waters of the state. In order to e ffect this purpose, a grou ping of the waters into classes may be made in accordance with the pr esent and future most beneficial uses. Such classifications may from time to time be alte red or modified. However, before any such classification is made, or any modification made thereto, public hearings shall be held by the department. (11) Establish ambient air quality and water quality standards for the state as a whole or for any part thereof, and also standards for the ab atement of excessive a nd unnecessary noise. The department is authorized to es tablish reasonable zones of mixing for discharges into waters. (a) When a receiving body of water fails to meet a water quality standard for pollutants set forth in department rules, a steam electric generating pl ant discharge of pollutants that is existing or licensed under this chap ter on July 1, 1984, may nevertheless be granted a mixing zone, provided

that:

1. The standard would not be met in the wa ter body in the absence of the discharge; 2. The discharge is in complia nce with all applicable techno logy-based effluent limitations; 3. The discharge does not cause a measurable in crease in the degree of noncompliance with the standard at the boundary of the mixing zone; and 4. The discharge otherwise complies with the mi xing zone provisions specified in department

rules. (b) No mixing zone for point source discharges shall be permitted in Outstanding Florida Waters except for: 1. Sources that have received permits from the department prior to April 1, 1982, or the date of designation, whichever is later; 2. Blowdown from new power plants certified pur suant to the Florida Electrical Power Plant Siting Act; 3. Discharges of water necessary for water ma nagement purposes which have been approved by the governing board of a water management district and, if required by law, by the secretary; and20 4. The discharge of demineralization concentr ate which has been determined permittable under

s. 403.0882 and which meets the specific provisions of s. 403.0882 (4)(a) and (b), if the proposed discharge is clearly in the public interest. (c) The department, by rule, shall establish water quality criteria for wetlands which criteria give appropriate recognition to the water quality of such wetlands in their natural state.

Nothing in this act shall be construed to inva lidate any existing department rule relating to mixing zones. The department shall cooperate with the Department of Highway Safety and Motor Vehicles in the developmen t of regulations required by s. 316.272 (1). (12)(a) Cause field studies to be made and sample s to be taken out of the air and from the waters of the state periodically and in a logical geographic manner so as to determine the levels of air quality of the air and water quality of the waters of the state. (b) Determine the source of the pollution whenev er a study is made or a sample collected which proves to be below the air or water qual ity standard set for air or water. (13) Require persons engaged in operations whic h 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 concentration of e ffluent and such other information as the department shall prescribe to be filed relative to pollution. (14) Establish 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 or water pollution and provide for the issuance and revocation of such permits and for the posting of an appropriate bond to operate. (a) Notwithstanding any other prov ision of this chapter, the department may authorize, by rule, the Department of Transportation to perform any activity requiri ng a permit from the department covered by this chapter, upon certi fication by the Department of Tr ansportation that it will meet all requirements imposed by statute, rule, or standard for environm ental control and protection as such statute, rule, or standard applies to a governmental program. To this end, the department may accept such certification of compliance for pr ograms of the Department of Transportation, may conduct investigations for compliance, and, if a violation is found to exist, may take all necessary enforcement action pertaining thereto, including, but not limited to, the revocation of

certification. The authorization shall be by rule of the depart ment, shall be limited to the maintenance, repair, or replacement of existing structures, and shall be conditioned upon compliance by the Department of Transportation w ith specific guidelines or requirements which are set forth in the formal acceptance and deemed necessary by the department to assure future compliance with this chapter and applicable depart ment rules. The failure of the Department of Transportation to comply with any provision of the written acceptance shall constitute grounds for its revocation by the department. (b) The provisions of chapter 120 shall be accorded any person when substantial interests will be affected by an activity proposed to be conducte d by the Department of Transportation pursuant to its certification and the acceptanc e of the department. If a pro ceeding is conducted pursuant to

ss. 120.569 and 120.57 , the department may intervene as a party. Should an administrative law judge of the Division of Administ rative Hearings of the Depart ment of Management Services submit a recommended order pursuant to ss. 120.569 and 120.57 , the department shall issue a final department order adopting, rejecting, or mo difying the recommended order pursuant to such

action.21 (15) Consult with any person proposing to constr uct, install, or othe rwise acquire a pollution control device or system concerning the efficacy of such device or system, or the pollution problem which may be related to the source, devi ce, or system. Nothing in any such consultation shall be construed to relieve any person from co mpliance with this act, rules and regulations of the department, or any ot her provision of law. (16) Encourage voluntary coopera tion by persons and affected groups to achieve the purposes of

this act. (17) Encourage local units of government to handle pollution problems w ithin their respective jurisdictions on a cooperative basi s and provide technical and cons ultative assistance therefor. (18) Encourage and conduct stud ies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and control. (19) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the out door atmosphere of this state a nd the several parts thereof and make recommendations to appropriate public an d private bodies with respect thereto. (20) Collect and disseminate information and conduct educational and training programs relating to pollution. (21) Advise, consult, cooperate, and enter into agreements with ot her agencies of the state, the Federal Government, other states, interstate agencies, groups, political subdivisions, and industries affected by the provisions of this act, rules, or polici es of the department. However, the secretary of the department shall not enter into any interstate agreement relating to the transport of ozone precursor pollutants, nor m odify its rules based upon a recommendation from the Ozone Transport Assessment Group or any other such organization that is not an official

subdivision of the United States Environmental Protection Agency but which studies issues related to the transport of oz one precursor pollutants, withou t prior review and specific legislative approval. (22) Adopt, modify, and re peal rules governing the speci fications, construction, and maintenance of industrial reservoirs, dams, and cont ainers which store or retain industrial wastes

of a deleterious nature. (23) Adopt rules and regulations to ensure that no detergents ar e sold in Florida after December 31, 1972, which are reasonably found to have a harmfu l or deleterious effect on human health or on the environment. Any regulations adopted pursua nt to this subsection shall apply statewide. Subsequent to the promulgation of such rules and regulations, no county, municipality, or other local political subdivision shall adopt or enforce any local ordi nance, special law, or local regulation governing detergents which is less st ringent than state law or regulation. Regulations, ordinances, or special acts adopt ed by a county or municipality governing detergents shall be subject to approval by the depart ment, except that regulations, ordinances, or special acts adopted by any county or municipality with a local pollution control pr ogram approved pursuant

to s. 403.182 shall be approved as an element of the local pollution control program. (24)(a) Establish a permit system to provide fo r spoil site approval, as may be requested and required by local governmental agencies as defined in 1s. 403.1822 (3), or mosquito control

districts as defined in s. 388.011 (5), to facilitate these agencies in providing spoil sites for the deposit of spoil from maintenan ce dredging of navigation channels , port harbors, turning basins, and harbor berths, as part of a federal project, when the agen cy is acting as sponsor of a contemplated dredge and fill operation involving an established navigation channel, harbor, turning basin, or harbor berth. A sp oil site approval granted to the agency shall be granted for a period of 10 to 25 years when such site is not inconsistent with an a dopted local governmental22 comprehensive plan and the requirements of this chapter. The department shall periodically review each permit to determin e compliance with the terms and conditions of the permit. Such

review shall be conducted at least once every 10 years. (b) This subsection applies only to those maintenance dredging operations permitted after July 1, 1980, where the United States Army Corps of E ngineers is the prime dredge and fill agent and the local governmental agency is acting as s ponsor for the operation, and does not require the redesignation of currently approved spoil sites under su ch previous operations. (25) Establish and administer a program for th e restoration and preserva tion of bodies of water within the state. The department shall have the power to acquire lands, to cooperate with other applicable state or local agenci es to enhance existing public access to such bodies of water, and to adopt all rules necessary to accomplish this purpose. (26)(a) Develop standards and criteria for wate rs used for deepwater shipping which standards and criteria consider existing water quality; ap propriate mixing zones and other requirements for maintenance dredging in previously constructe d deepwater navigation channels, port harbors, turning basins, or harbor berths; and appropriate mixing zones for di sposal of spoil material from dredging and, where necessary, develop a separa te classification for such waters. Such classification, standards, and criteria shall rec ognize that the present dedicated use of these waters is for deepwater commercial navigation. (b) The provisions of paragra ph (a) apply only to the port wate rs, spoil disposal sites, port harbors, navigation channels, turning basins, a nd harbor berths used for deepwater commercial navigation in the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Jo e, Panama City, St. Petersburg, Port Bartow, Florida Power Corporation's Crystal River Ca nal, Boca Grande, Green Cove Springs, and

Pensacola. (27) Establish rules which provide for a special category of water bodies w ithin the state, to be referred to as "Outstanding Flor ida Waters," which water bodies shall be worthy of special protection because of their natura l attributes. Nothing in this s ubsection shall affect any existing rule of the department. (28) Perform any other act necessary to cont rol and prohibit air and water pollution, and to delegate any of its responsibili ties, authority, and powers, other than rulemaking powers, to any state agency now or he reinafter established. (29) Adopt by rule special cr iteria to protect Class II she llfish harvesting waters. Rules previously adopted by the department in 2rule 17-4.28(8)(a), Florida Ad ministrative Code, are hereby ratified and determined to be a valid exerci se of delegated legislat ive authority and shall remain in effect unless amended by th e Environmental Regulation Commission. (30) Establish requirements by ru le that reasonably protect the public health and welfare from electric and magnetic fields asso ciated with existing 230 kV or greater electrical transmission lines, new 230 kV and greater electrical tran smission lines for which an application for

certification under the Florida Electric Transmission Line Siting Act, ss. 403.52 -403.5365, is not filed, new or existing electrical transmission or distribution lines with voltage less than 230 kV,

and substation facilities. Notwithst anding any other provision in this chapter or any other law of this state or political subdivision thereof, the de partment shall have exclusive jurisdiction in the regulation of electric and magnetic fields associated with a ll electrical transmission and

distribution lines and substation facilities. However, nothing he rein shall be construed as superseding or repealing the provisions of s. 403.523 (1) and (10).23 (31) Adopt rules necessary to obtain approval from the United States Environmental Protection Agency to administer the Federal National Po llution Discharge Elimination System (NPDES) permitting program in Florida under ss. 318, 402, a nd 405 of the Federal Clean Water Act, Pub. L. No. 92-500, as amended. This authority shall be implemented consistent with the provisions of part II, which shall be app licable to facilities certified thereunder. The department shall establish all rules, standards, and requirements that regulate the discharge of pollutants into waters of the United States as defined by and in a manner consistent with federal regulations; provided, however, that the department may adopt a standard that is strict er or more stringent than one set by the United States Environmental Protection Agency if approved by the Governor and Cabinet in accordance with the procedures of s. 403.804 (2). (32) Coordinate the stat e's stormwater program. (33) Establish and administer programs providing appropriate in centives that have the following goals, in order of importance: (a) Preventing and reducing pollution at its source. (b) Recycling contaminants that have the potential to pollute. (c) Treating and neutralizing contaminan ts that are difficult to recycle. (d) Disposing of contaminants only after other options have been used to the greatest extent practicable. (34) Adopt rules which may include stricter permitting and enforcement provisions within Outstanding Florida Waters, aquatic preserves, ar eas of critical state concern, and areas subject to chapter 380 resource management plans a dopted by rule by the Administration Commission, when the plans for an area include waters that are particularly identified as needing additional protection, which provisions are not inconsistent with the app licable rules adopted for the management of such areas by the department and the Governor and Cabinet. (35) Exercise the duties, powers, and respons ibilities require d of the state under the federal Clean Air Act, 42 U.S.C. ss. 7401 et seq. The de partment shall implement the programs required under that act in conjunction with its other powers and duties. Nothing in this subsection shall be construed to repeal or supersede any of the department's existing rules. (36) Establish statewide standards for persons engaged in determining visible air emissions and to require these persons to obtain training to meet such standards. (37) Enter into a memorandum of agreement with the Florida Ports Council which provides a supplemental permitting process for the issuance of a joint coastal permit pursuant to s. 161.055 or environmental resource permit pursuant to part IV of chapter 373, to a port listed in s.

311.09 (1), for maintenance dredging and the management of dredged materials from maintenance dredging of all navigation channels, por t harbors, turning basins, and harbor berths. Such permit shall be issued for a period of 5 years and shall be annually extended for an additional year if the port is in compliance with all permit cond itions at the time of extension. The department is authorized to adop t rules to implement this subsection. (38) Enter into a memorandum of agreement with the Florida Ports Council which provides a supplemental permitting process for the issuance of a conceptual joint coastal permit pursuant to

s. 161.055 or environmental resource permit pursuant to part IV of chapter 373, to a port listed in

s. 311.09 (1), for dredging and the management of ma terials from dredging and for other related activities necessary for development, includi ng the expansion of na vigation channels, port harbors, turning basins, harbor be rths, and associated facilities. Su ch permit shall be issued for a period of up to 15 years. The department is au thorized to adopt rules to implement this

subsection.24 (39) Enter into a memorandum of agreement with the Florida Inland Navigation District and the West Coast Inland Navigation Dist rict, or their successor agencies, to provide a supplemental process for issuance of joint coastal permits pursuant to s. 161.055 or environmental resource permits pursuant to part IV of chapter 373 fo r regional waterway management activities, including, but not limited to, maintenance dred ging, spoil disposal, public recreation, inlet management, beach nourishment, and environmen tal protection directly related to public navigation and the construction, maintenance, an d operation of Florida's inland waterways. The department is authorized to adopt rules to implement this subsection. (40) Serve as the state's single point of contact for performing the responsibilities described in Presidential Executive Order 12372, in cluding administration and ope ration of the Florida State Clearinghouse. The Florida State Clearinghouse shall be responsible for coordinating interagency reviews of the follo wing: federal activities and ac tions subject to the federal consistency requirements of s. 307 of the Coas tal Zone Management Act; documents prepared pursuant to the National Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the Outer Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.; applications for federal funding

pursuant to s. 216.212 ; and other notices and information rega rding federal activities in the state, as appropriate. The Florida State Clearinghouse sh all ensure that state agency comments and recommendations on the environmental, social, a nd economic impact of proposed federal actions are communicated to federal agencies, applicants , local governments, and interested parties.

The department shall implement such programs in conjunction with its other powers and duties and shall place special emphasis on reducing and elim inating contamination that presents a threat to humans, animals or plants, or to the environment. History.--s. 7, ch. 67-436; ss. 19, 26, 35, ch. 69-106; s. 1, ch. 71-35; s. 2, ch. 71-36; s. 3, ch. 72- 39; s. 1, ch. 72-53; s. 113, ch. 73-333; s. 3, c h. 74-133; s. 1, ch. 77-21; s. 137, ch. 77-104; s. 268, ch. 77-147; s. 2, ch. 77-369; s. 14, ch. 78-95; s. 2, ch. 78-437; s. 73, ch. 79-65; s. 1, ch. 79-130; s. 96, ch. 79-164; s. 160, ch. 79-400; s. 1, ch. 80-66; ss. 2, 5, ch. 81-228; s. 5, ch. 82-27; s. 1, ch. 82-79; s. 2, ch. 82-80; s. 66, ch. 83-310; s. 5, ch. 84-79; s. 1, ch. 84-338; s. 1, ch. 85-296; s. 5, ch. 85-345; s. 5, ch. 86-173; s. 52, ch. 86-186; s. 22, ch. 88-393; s. 31, ch. 89-279; s. 54, ch. 90-331; s. 24, ch. 91-305; s. 23, ch. 92-203; s. 127, ch. 92- 279; s. 55, ch. 92-326; s. 36, ch. 93-213; s. 5, ch. 94-311; s. 1, ch. 94-321; s. 356, ch. 94-356; s. 55, ch. 95-144; s. 144, ch. 96-320; s. 8, ch. 96- 370; s. 129, ch. 96-410; s. 26, ch. 97-160; s. 100, ch. 98-200; s. 3, ch. 98-326; s. 155, ch. 99-8; s. 2, ch. 2001-188; s. 1, ch. 2001-224; s. 8, ch. 2002-275; s. 68, ch. 2006-230. 1Note.--Repealed by s. 18, ch. 2001-270.

2Note.--Transferred to another location.25 Materials to be Incorporated into State Implementation Plan (SIP)2627 Amendments to Chapter 62-210, F.A.C ., (Certified Copy, Effective 6/29/09)28293031 Amendments to Chapter 62-212, F.A.C ., (Certified Copy, Effective 6/29/09)32333435 Public Hearing Public Hearing3637 Response to 40 CFR 51.102 Requirements

The rule amendments comprising this proposed re vision to Florida’s State Implementation Plan (SIP) were subject to a public rule adoption hearing held in Tallahassee, Florida, on May 13, 2009. The rule adoption hearing served the pur poses of state administrative procedural requirements as well as the federal p ublic hearing requirements of 40 CFR 51.102.

(b) through (c) Not applicable.

(d)(1) The public hearing was adve rtised in newspapers statewide at least 30 days prior to the hearing and held according to the requirements of 40 CFR 51.102. A copy of the public notice is included in this section along with the publication affidavits from the newspapers in the affected air quality control regions. Also included is a copy of the notice of public hearing which was published in the Florida Admi nistrative Weekly (FAW).

(d)(2) The rule language as published in the FA W was made available for public inspection in each of the department’s district offices and in the offices of each DEP-approved local air pollution control program. The memoranda of tran smittal are included in this section along with

the materials included in th e public information package.

(d)(3) The Region 4 office of th e EPA was notified at least 30 da ys in advance of the hearing and provided with copies of the material to be considered. The pre-hear ing submittal letter is

included in this section.

(d)(4) Notification to affected local programs o ccurred with the transmittal of the materials for public inspection (see response (d)(2)).

(d)(5) The states of Alabama, Georgia, and Miss issippi were notified at least 30 days in advance of the hearing. The notification le tters are included in this section.

(e) Relevant portions of the minutes of the public hearing are included in this section. An audio tape recording of the h earing, including all witne ss testimony is available.

(f) Certification that the hearing was held in accordance with the requirements of 40 CFR

51.102 is included in the letter of submittal.

(g) Not applicable.38 Notice of 40 CFR 51.102 Hearing - FAW Copy3940 Notices of 40 CFR 51.102 Hear ing - Newspaper Affidavit414243444546 Public Information Package Transmittal Memos to District Offices and Local Air Programs47484950 Pre-Hearing Notification Letters to Other States515253 Pre-hearing Submittal Letter to EPA54