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STATE IMPLEMENTATION PLAN SUBMITTAL 

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., (Certified Copy, Effective 6/29/09) .......... 27

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

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

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

Notice of 40 CFR 51.102 Hearing - FAW Copy ........................................................... 38

Notices of 40 CFR 51.102 Hearing - Newspaper Affidavit .......................................... 40

Public Information Package Transmittal Memos 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 Information Packages and Pre-hearing Submittal ................ 55

Text of Newspaper Notices of Public Workshop .......................................................... 57

Notice of Proposed Rulemaking – Amendments to Chapter 62-210, F.A.C. ............. 65

Notice of Proposed Rulemaking – Amendments to Chapter 62-212, F.A.C. ............. 67

EPA Comments on Pre-hearing Submittal................................................................... 71
ii

State Administrative Materials .................................................................................................. 73

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

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

Joint Administrative Procedures Committee (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 and Circumstances (4/17/09) .......................................... 84

Notice of Proposed Rulemaking (4/17/09)..................................................................... 86

Statement of Estimated Regulatory Cost (SERC) (4/17/09) ....................................... 88

JAPC Letter of No Change (6/2/09) .............................................................................. 95

Rule Certification Letter (6/9/09) .................................................................................. 96

Rule Certification Statement (6/9/09) ............................................................................ 97

Summary of Rule (6/9/09) ............................................................................................ 100

Detailed Statement of Facts and 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 Committee (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 and Circumstances (4/17/09) ........................................ 112

Statement of Estimated Regulatory 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 Statement (6/9/09) .......................................................................... 122

Summary of Rule (6/9/09) ............................................................................................ 125

Detailed Statement of Facts and Circumstances (6/9/09) .......................................... 126

Summary of Hearing (6/9/09) ...................................................................................... 128

 
iii

 
1

Letter of Submittal 
2

 
3

Executive Summary 
4

 
5

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 Environmental Protection (DEP) is revising Florida’s “State Implementation 

Plan (SIP)” under the federal Clean Air Act to incorporate amendments to Florida 

Administrative Code (F.A.C.) Chapters 62-210 and 62-212, F.A.C. 

Background

On February 2, 2006, DEP promulgated revisions to Rules 62-210.200 and 62-212.300, F.A.C., 

as part of a rule development project to implement new U.S. Environmental Protection Agency 

(EPA) regulations at 40 CFR 52.21 affecting state “Prevention of Significant 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 definition of “significant emissions rate” to include ozone depleting 

substances as set forth in the EPA regulations and 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 the state to withdraw its apparent request that EPA include a 

significant emissions rate for mercury in the Florida PSD program. If DEP fails to remedy these 

deficiencies by June 29, 2009, the conditional SIP approval automatically reverts to disapproval. 

State Rule Development Process

Section 403.061(35), Florida Statutes, authorizes DEP to “exercise the duties, powers, and 

responsibilities required of the state under the federal Clean Air Act.” These duties and 

responsibilities include the development and periodic updating of Florida’s SIP. Pursuant to this 

authority, the DEP has developed rule amendments to respond to EPA’s requirements. 
6

On February 27, 2009, the DEP Division of Air Resource Management held a rule development 

workshop to provide an opportunity for stakeholders 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 source review SIP. On April 17, 2009, DEP published notices of 

proposed rulemaking in the Florida Administrative 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 opportunity for a public hearing pursuant to 40 

CFR 51.102 to consider its proposal to submit the rule amendments to EPA as a proposed SIP 

revision. A SIP public hearing was not requested, 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 EPA and neighboring states on or before April 10, 

2009, in accordance with the 30-day notice requirement of 40 CFR 51.102. 

Summary of Proposed Rule Amendments – Chapter 62-210

In response to EPA’s conditional approval requirements, DEP developed the following 

amendments to Rule 62-210.200, F.A.C. 

The definition of “new emissions unit” is amended 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 language with that of EPA. The Department does not expect this 

will change its current interpretation or implementation 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 definition 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 regulations 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 substances that are also defined as 

hazardous air pollutants continue to be exempt 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 Pollutant” is revised to include reference to ODS as listed at 

40 CFR Part 82, Subpart A, Appendices A and B listed pollutants. 

• 62-210.200(280) “Significant Emissions Rate” is revised 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 amendments to Rule 62-212.300, F.A.C., to clarify 

that, 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 netting calculations that were used as well as documentation of 

any emissions that were allowably excluded in the determination of projected actual emissions. 

These amendments simply add clarity—they represent 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 requirements are revised to clarify equivalency with 

EPA’s PSD regulations 

Significant Emissions Rate for Mercury

EPA’s June 27, 2008, conditional approval of Florida’s proposed PSD SIP revision also requires 

the state to withdraw its apparent request that EPA approve a significant emissions rate for 

mercury in the Florida PSD program. DEP understands 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 mercury. Mercury is intended to 

apply as a Florida requirement only. The department 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 requirement concerning attainment and reasonable 

further progress, or any other applicable 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 under Florida’s PSD rules as under EPA’s PSD 

regulations. It also clarifies that 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 netting calculations that were used as well as 

documentation of any emissions that were allowably excluded in the determination of projected 

actual emissions. These changes are being made in direct response to EPA’s conditional 

approval of Florida’s PSD program and, as such, will not interfere with any Clean Air Act 

requirement.
8

 
9

Response to 40 CFR Part 51, Appendix V, Criteria 

 
10
11

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 Protection, 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 procedural requirements in adoption of the rules to be 

incorporated into the SIP. Copies of all documents required under Florida’s Administrative Procedures 

Act may be found in the “state Administrative Materials” section of this submittal. 

(f) The department has complied with all public hearing requirements of 40 CFR 51.102. Copies of 

all relevant notices, affidavits of publication and notification letters may be found in the “Public Hearing” 

section of this submittal. Materials made available for public inspection during the public notice period 

may be found in the “Materials Included in Public Information Packages and pre-hearing Submittal” 

section of this submittal. 

(g) Certification of compliance with all state and federal public notice and hearing requirements is 

provided in the letter of submittal. 

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

found in the “Public Comments” section of this submittal. The department’s response to the public 

comments may be found in the “Executive 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. 
12

 
13

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 rules and regulations adopted pursuant 

hereto, the following words, phrases, or terms, unless the context otherwise indicates, have the 

following meanings: 

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

(2) "Department" means the Department 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 structure, equipment, or facility, or appurtenances thereto, or operation 

which may emit air or water contaminants in quantities prohibited by rules 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 municipality, political subdivision, public or private 

corporation, individual, partnership, association, or other entity and includes any officer or 

governing or managing body of the state, the United States, any agency, 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 presence in the outdoor atmosphere or waters of the state of any 

substances, contaminants, noise, or manmade or human-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 potentially harmful or injurious 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 taken 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 steps taken to use alternative forms of energy, 

conserve or reduce the use of energy, substitute nontoxic materials for toxic materials, conserve 
14

or reduce the use of toxic materials and raw materials, reformulate products, modify 

manufacturing or other processes, improve in-plant maintenance and operations, implement 

environmental planning before expanding a facility, and recycle toxic or other raw materials. 

(9) "Sewerage system" means pipelines or conduits, pumping stations, and force mains and all 

other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to 

an ultimate point for treatment or disposal. 

(10) "Source" is any and all points of origin of the item defined 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, stabilizing, or holding wastes. 

(12) "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, 

or other substances which may pollute or tend 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 property 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 also being the mean high-water line of Florida 

Bay, located in section 4, township 60 south, range 39 east of the Tallahassee Meridian for the 

point of beginning. From said point of beginning, thence run northwesterly 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 the Everglades National Park; thence run north 

along the east boundary of the aforementioned 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 northerly along said park to 

a point marking the northwest corner of section 24, township 57 south, range 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-half of section 9; thence northerly 

along the line separating the east one-half and the west one-half of sections 9, 4, 33, and 28; 

thence run easterly along the north line of section 28 to the northeast corner of section 28; thence 
15

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 point of intersection with 

the north line of section 15; thence 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 easterly along the north lines of sections 2 and 1 to the 

northeast corner of section 1, township 56 south, range 37 east; thence run 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 section 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 section 23; thence run easterly along the north line 

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

13 to the northwest corner of section 13; thence run east along the north line of section 13 to a 

point of intersection with the west line of the southeast one-quarter of section 12; thence run 

north along the west line of the southeast one-quarter of section 12 to the northwest corner of the 

southeast one-quarter of section 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 northwest one-quarter of section 7 to the southeast corner of the 

northwest one-quarter of section 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 the southeast one-quarter of section 6 to the northwest corner of 

the southeast one-quarter of section 6; thence run east along the north lines of the southeast onequarter of section 6 and the southwest one-quarter of section 5 to the northeast corner of the 

southwest one-quarter of section 5; thence run northerly along the 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 541

/2 south, range 38 east; thence run north along the west line of 

section 33, township 54 south, range 38 east to a point intersecting the northwest 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 the northeast corner of the southwest one-quarter of section 33; 

thence run north along the west line of the northeast one-quarter of section 33 to a point 

intersecting the north line of section 33; thence run easterly along the north 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-quarter of section 27; thence run 

easterly to the northeast corner of the southwest one-quarter of section 27; thence run northerly 

along the west line of the northeast one-quarter of section 27 to a point intersecting the north line 

of section 27; thence run west along the north line of section 27 to the northwest corner of 

section 27; thence run north along the west lines of sections 22 and 15 to the northwest corner of 

section 15; thence run easterly along the north lines of sections 15 and 14 to the point of 

intersection with the L-31N Levee, said intersection located near the southeast corner of section 

11, township 54 south, range 38 east; thence run 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, northerly, and northeasterly along Levee L-30 to a point of intersection 
16

with the Miami-Dade/Broward Levee, said intersection 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 northeasterly along SRD 27 to an intersection with SRD 25 

(U.S. 27), said intersection located in section 3, township 52 south, range 39 east; thence run 

northerly along said SRD 25, entering into Broward County, to an intersection with SRD 84 at 

Andytown; thence run southeasterly along the aforementioned SRD 84 to an intersection with 

the southwesterly prolongation of Levee L-35A, said 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 intersection located near the southeast corner of 

section 12, township 49 south, range 40 east; thence run northerly along Levee L-36, entering 

into Palm Beach County, to an intersection common 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, easterly, and northerly along Levee L-40, said Levee L-40 being the 

easterly boundary of the Loxahatchee National Wildlife Refuge, to an intersection with SRD 80 

(U.S. 441), said intersection located near the southeast corner of section 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 Levee L-7, said Levee L-7 being 

the westerly boundary of the Loxahatchee National 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 being located near the 

northwest corner of section 27, township 47 south, range 38 east; thence run westerly along the 

aforementioned Levee L-5 to a point intersecting the east line of range 36 east; thence run 

northerly along said range line to a point marking 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 northwesterly 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 southwest 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 dividing Hendry and Collier Counties 

and continuing along the prolongation thereof to a point 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 Big Cypress Area of Critical State Concern as 

described in rule 28-25.001, Florida Administrative Code; thence run southerly along said 

boundary crossing SRD 84 (Alligator Alley) to a point marking the southwest corner of section 

24, township 50 south, range 28 east; thence leaving the aforementioned west boundary of the 

Big Cypress Area of Critical State Concern run easterly to a point marking the northeast corner 

of section 25, township 50 south, range 28 east; thence run southerly along the east line of range 
17

28 east to a point lying approximately 0.15 miles south of the northeast corner of section 1, 

township 52 south, range 28 east; thence run southwesterly 2.4 miles more or less to an 

intersection with SRD 90 (U.S. 41 Tamiami Trail), said intersection 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 west line of section 10, township 52 south, range 28 east; thence leaving 

SRD 90 run southerly to a point marking the southwest 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 parallel to the Faka Union Canal to a point located on the mean 

high-water line of Faka Union Bay; thence run southeasterly along the mean 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 paragraph (a) generally includes those waters to 

be known as waters of the state. The landward extent of these waters shall 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 which are contiguous thereto by virtue of the 

presence of a wetland, watercourse, or other surface 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 designates the waters within the boundaries an 

Outstanding Florida Water, waters outside the boundaries shall not be included as part of such 

designation unless a hearing is held pursuant to notice in each appropriate county and the 

boundaries of such lands are specifically considered 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 waters should be managed to conserve and protect 

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

(15) "Stormwater management program" means the institutional strategy for stormwater 

management, including urban, agricultural, and other stormwater. 

(16) "Stormwater management system" means a system which is designed and constructed or 

implemented to control discharges which are necessitated by rainfall events, incorporating 

methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce 

flooding, overdrainage, environmental degradation and water pollution or otherwise affect the 

quantity and quality of discharges from the system. 

(17) "Stormwater utility" means the funding of a stormwater management program by assessing 

the cost of the program to the beneficiaries based on their relative contribution to its need. It is 

operated as a typical utility which bills services regularly, similar to water and wastewater 

services. 

(18) "Watershed" means the land area which contributes to the flow of water into a receiving 

body of water. 
18

(19) "Regulated air pollutant" means any pollutant regulated under the federal 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 facility that directly 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 and 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 must 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 department 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 facilities and personnel of other state agencies, including the Department of 

Health, and delegate to any such agency any duties and functions as the department may deem 

necessary to carry out the purposes of this act. 

(4) Secure necessary scientific, technical, research, administrative, and operational services by 

interagency agreement, by contract, or otherwise. All state agencies, upon direction of the 

department, shall make these services 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 expended for other than the 

purposes of this act. 

(6) Exercise general supervision of the administration 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 motor 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 vapor recovery systems, as currently defined by department rule, unless 
19

such county, municipality, or political 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 dischargers of waste into waters of the state to improve natural 

background conditions. Discharges from steam electric generating plants existing or licensed 

under this chapter on July 1, 1984, shall not be required to be treated to a greater 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 systems; 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 quality 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 effectuate the control of air and water pollution and 

enforce the same by all appropriate administrative and judicial proceedings. 

(9) Adopt a comprehensive program for the prevention, 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 the prevention, abatement, and control of the 

pollution of the waters of the state. In order to effect this purpose, a grouping of the waters into 

classes may be made in accordance with the present and future most beneficial uses. Such 

classifications may from time to time be altered 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 abatement of excessive and unnecessary noise. The 

department is authorized to establish 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 plant discharge of pollutants that is existing or 

licensed under this chapter on July 1, 1984, may nevertheless be granted a mixing zone, provided 

that: 

1. The standard would not be met in the water body in the absence of the discharge; 

2. The discharge is in compliance with all applicable technology-based effluent limitations; 

3. The discharge does not cause a measurable increase in the degree of noncompliance with the 

standard at the boundary of the mixing zone; and 

4. The discharge otherwise complies with the mixing 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 pursuant to the Florida Electrical Power Plant 

Siting Act; 

3. Discharges of water necessary for water management purposes which have been approved by 

the governing board of a water management district and, if required by law, by the secretary; and 
20

4. The discharge of demineralization concentrate 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 invalidate any existing department rule relating to 

mixing zones. The department shall cooperate with the Department of Highway Safety and 

Motor Vehicles in the development of regulations required by s. 316.272(1). 

(12)(a) Cause field studies to be made and samples 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 whenever a study is made or a sample collected which 

proves to be below the air or water quality standard set for air or water. 

(13) Require 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 concentration of effluent 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 provision of this chapter, the department may authorize, by rule, 

the Department of Transportation to perform any activity requiring a permit from the department 

covered by this chapter, upon certification by the Department of Transportation that it will meet 

all requirements imposed by statute, rule, or standard for environmental 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 programs 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 department, shall be limited to the 

maintenance, repair, or replacement of existing structures, and shall be conditioned upon 

compliance by the Department of Transportation with 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 department 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 conducted by the Department of Transportation pursuant 

to its certification and the acceptance of the department. If a proceeding 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 Administrative Hearings of the Department 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 modifying the recommended order pursuant to such 

action. 
21

(15) Consult with any person proposing to construct, install, or otherwise 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, device, or system. Nothing in any such consultation 

shall be construed to relieve any person from compliance with this act, rules and regulations of 

the department, or any other provision of law. 

(16) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of 

this act. 

(17) Encourage local units of government to handle pollution problems within their respective 

jurisdictions on a cooperative basis and provide technical and consultative assistance therefor. 

(18) Encourage and conduct studies, 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 outdoor atmosphere of this state and the several parts thereof and 

make recommendations to appropriate public and 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 other 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 policies 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 modify 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 ozone precursor pollutants, without prior review and specific 

legislative approval. 

(22) Adopt, modify, and repeal rules governing the specifications, construction, and 

maintenance of industrial reservoirs, dams, and containers which store or retain industrial wastes 

of a deleterious nature. 

(23) Adopt rules and regulations to ensure that no detergents are sold in Florida after December 

31, 1972, which are reasonably found to have a harmful or deleterious effect on human health or 

on the environment. Any regulations adopted pursuant 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 ordinance, special law, or local 

regulation governing detergents which is less stringent than state law or regulation. Regulations, 

ordinances, or special acts adopted by a county or municipality governing detergents shall be 

subject to approval by the department, except that regulations, ordinances, or special acts 

adopted by any county or municipality with a local pollution control program 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 for 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 maintenance dredging of navigation channels, port harbors, turning basins, 

and harbor berths, as part of a federal project, when the agency is acting as sponsor of a 

contemplated dredge and fill operation involving an established navigation channel, harbor, 

turning basin, or harbor berth. A spoil 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 adopted local governmental 
22

comprehensive plan and the requirements of this chapter. The department shall periodically 

review each permit to determine 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 Engineers is the prime dredge and fill agent and 

the local governmental agency is acting as sponsor for the operation, and does not require the 

redesignation of currently approved spoil sites under such previous operations. 

(25) Establish and administer a program for the restoration and preservation of bodies of water 

within the state. The department shall have the power to acquire lands, to cooperate with other 

applicable state or local agencies 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 waters used for deepwater shipping which standards 

and criteria consider existing water quality; appropriate mixing zones and other requirements for 

maintenance dredging in previously constructed deepwater navigation channels, port harbors, 

turning basins, or harbor berths; and appropriate mixing zones for disposal of spoil material from 

dredging and, where necessary, develop a separate classification for such waters. Such 

classification, standards, and criteria shall recognize that the present dedicated use of these 

waters is for deepwater commercial navigation. 

(b) The provisions of paragraph (a) apply only to the port waters, spoil disposal sites, port 

harbors, navigation channels, turning basins, and 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. Joe, Panama City, St. Petersburg, Port Bartow, 

Florida Power Corporation's Crystal River Canal, Boca Grande, Green Cove Springs, and 

Pensacola. 

(27) Establish rules which provide for a special category of water bodies within the state, to be 

referred to as "Outstanding Florida Waters," which water bodies shall be worthy of special 

protection because of their natural attributes. Nothing in this subsection shall affect any existing 

rule of the department. 

(28) Perform any other act necessary to control and prohibit air and water pollution, and to 

delegate any of its responsibilities, authority, and powers, other than rulemaking powers, to any 

state agency now or hereinafter established. 

(29) Adopt by rule special criteria to protect Class II shellfish harvesting waters. Rules 

previously adopted by the department in 2rule 17-4.28(8)(a), Florida Administrative Code, are 

hereby ratified and determined to be a valid exercise of delegated legislative authority and shall 

remain in effect unless amended by the Environmental Regulation Commission. 

(30) Establish requirements by rule that reasonably protect the public health and welfare from 

electric and magnetic fields associated with existing 230 kV or greater electrical transmission 

lines, new 230 kV and greater electrical transmission 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. Notwithstanding any other provision in this chapter or any other law of 

this state or political subdivision thereof, the department shall have exclusive jurisdiction in the 

regulation of electric and magnetic fields associated with all electrical transmission and 

distribution lines and substation facilities. However, nothing herein 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 Pollution Discharge Elimination System (NPDES) 

permitting program in Florida under ss. 318, 402, and 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 applicable 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 stricter 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 state's stormwater program. 

(33) Establish and administer programs providing appropriate incentives 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 contaminants 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, areas of critical state concern, and areas subject 

to chapter 380 resource management plans adopted 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 applicable rules adopted for the 

management of such areas by the department and the Governor and Cabinet. 

(35) Exercise the duties, powers, and responsibilities required of the state under the federal 

Clean Air Act, 42 U.S.C. ss. 7401 et seq. The department 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, port 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 conditions at the time of extension. 

The department is authorized to adopt 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 materials from dredging and for other related 

activities necessary for development, including the expansion of navigation channels, port 

harbors, turning basins, harbor berths, and associated facilities. Such permit shall be issued for a 

period of up to 15 years. The department is authorized 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 District, 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 for regional waterway management activities, 

including, but not limited to, maintenance dredging, spoil disposal, public recreation, inlet 

management, beach nourishment, and environmental protection directly related to public 

navigation and the construction, maintenance, and 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, including administration and operation of the Florida State 

Clearinghouse. The Florida State Clearinghouse shall be responsible for coordinating 

interagency reviews of the following: federal activities and actions subject to the federal 

consistency requirements of s. 307 of the Coastal 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 regarding federal activities in the state, 

as appropriate. The Florida State Clearinghouse shall ensure that state agency comments and 

recommendations on the environmental, social, and 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 eliminating 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, ch. 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) 
26

 
27

Amendments to Chapter 62-210, F.A.C., (Certified Copy, Effective 6/29/09)
28
29

 
30

 
31

Amendments to Chapter 62-212, F.A.C., (Certified Copy, Effective 6/29/09)
32
33
34

 
35

Public Hearing 

Public Hearing 
36

 
37

Response to 40 CFR 51.102 Requirements 

The rule amendments comprising this proposed revision 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 purposes of state administrative procedural 

requirements as well as the federal public hearing requirements of 40 CFR 51.102. 

(b) through (c) Not applicable. 

(d)(1) The public hearing was advertised 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 Administrative Weekly (FAW). 

(d)(2) The rule language as published in the FAW 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 transmittal are included in this section along with 

the materials included in the public information package. 

(d)(3) The Region 4 office of the EPA was notified at least 30 days in advance of the hearing 

and provided with copies of the material to be considered. The pre-hearing submittal letter is 

included in this section. 

(d)(4) Notification to affected local programs occurred with the transmittal of the materials for 

public inspection (see response (d)(2)). 

(d)(5) The states of Alabama, Georgia, and Mississippi were notified at least 30 days in advance 

of the hearing. The notification letters 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 hearing, including all witness 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 Copy
39
40

Notices of 40 CFR 51.102 Hearing - Newspaper Affidavit
41
42
43
44
45
46

Public Information Package Transmittal Memos to District Offices and Local Air Programs
47
48
49
50

Pre-Hearing Notification Letters to Other States
51
52
53

Pre-hearing Submittal Letter to EPA
54