# Florida Department of Environmental Protection

October 14, 2011

Ms. Gwendolyn Keyes Fleming Regional Administrator Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400



### U.S. Environmental Protection Agency (EPA)- Region 4 61 Forsyth Street, SW Atlanta, GA 30303-8909
Dear Ms. Keyes Fleming:**A~** A; 

## RECEIVED OCT 1 

### 82011 Rick Scott Governor Jennifer Carroll Lt. Governor
Herschel T. Vinyard Jr. Secretary



### Re: Air Program: State Implementation Plan Infrastructure Submittal for the 2008 Revised National Ambient Air Quality Standard for Lead On behalfofthe Florida Department ofEnvironmental Protection, I hereby confirm that, to the best ofmy knowledge,the requirements ofSections llO(a)(l) and 110(a)(2) ofthe Clean AirAct are adequately addressed in Florida's existing approved State Implementation Plan (SIP) with respect to the implementation ofthe 2008 revised national ambient air quality standard for lead (Pb). While we are not aware ofany SIP deficiencies related to implementation ofthe revised Pb standard, we understand that Florida is obligatedto revise its SIP to address new Pbrequirements in accordance with schedules established in current and forthcoming EPA regulations and guidance

. Specifically, we understand that Florida is required to submit a SIP revision by June 30, 2012, addressing the nonattainrnent area provisions ofPart D ofthe Clean Air Act for the designated Pb nonattainrnent area in Hillsborough County, Florida. Enclosedplease find documentation demonstrating the correlation betweenthe Section 110(a)(2) infrastructure elements and the Florida Statutes and SIP-approved Florida rules that address each such element. An exact duplicate ofthis submittal in searchable.pdfformat has been e-mailed to the Air Planning Branch. Ifyou have any questions on this submittal or need additional information, please contact Chad Stevens at (850) 717-9089 or Will Sexton at (850) 717-9016. Thankyou for your continued support ofour efforts to implement the Clean Air Act in Florida.

# SineW~
Michael 

### P

. Halpin,

# ~r Division ofAir Resource Management Enclosure

cc: Scott Davis, Chief , Air Planning Branch, EPA Region 4 (by electronic mail)STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION State Implementation Plan (SIP) Infrastructure Confirmation for the 2008 Revised National Ambient Air Quality Standard for Lead (Pb) Introduction A revised national ambient air quality standard (NAAQS) for lead (Pb) was promulgated bythe U. S. Environmental ProtectionAgency (EPA) on October 15,2008. As per section 110(a)(l)ofthe Clean Air Act (CAA), within three years ofthe promulgation ofany revised NAAQS, each state is required to submit a state implementation plan (SIP) to EPA to provide for the implementation, maintenance and enforcement ofsuch revised standard, or a demonstration that the state's existing SIP is adequate for these purposes. Specifically, each SIP must address certain required "infrastructure" elements, as outlined at sections 110(aX2)(A)through (M) ofthe CAA. Subsection 403.061(35), Florida Statues (F.S.), grants the Florida Department ofEnvironmental Protection (DEP)the broad authorityto "[e]xercise the duties, powers and responsibilities required ofthe state under the federal Clean Air Act, 42 U.S.C. ss. 7401 et seq" and "implementthe programs required underthat act in conjunction with its other powers and duties." By virtue ofthis statute, DEP has the authority and responsibility to act on behalfofthe State ofFloridato develop and revise a SIP as required by section 110(a)(l) ofthe CAA and to ensure that such SIP adequately addresses the required infrastructure elements as set forth at sections 110(a)(2)(A)through (M) ofthe CAA.
DEP hereby confirms thatthe requirements ofsections 11O(a)(l) and the infrastructure elements required by sections 110(a)(2)(A) through (M) ofthe CAA are adequately addressed in Florida's existing approved SIP with respect to the implementation ofthe 2008 revised national ambient air quality standard for Pb. DEP is not aware ofany SIP deficiencies related to implementation ofthe revised Pb standard but understands that Florida is obligated to revise its SIP to address new Pbrequirements in accordance with schedules established in current and forthcoming EPA regulations and guidance. Specifically, DEP understands that Florida is required to submit a SIP revision by June 30, 2012, addressing the nonattainment area provisions ofPart D ofthe CAA for the designated Pb nonattainment area in Hillsborough County, Florida. This document demonstrates the correlation between the section 110(a)(2) infrastructure elements and the Florida Statutes and SIP-approved Florida rules that address each such element. Rules and Statutes Florida's existing SIP consists largely ofFlorida Administrative Code (F.A.C.) rules adopted by DEP and approved by EPA through the SIP revision process. The complete list ofDEPrules approved and incorporated by reference into Florida's SIP is published by EPA in the Code ofFederal Regulations at40 CFR 52.520(c). The list includes each F.A.C. rule section number and effective date, with a corresponding EPA approval date for each rule section. The F.A.C. rules are available online at the Florida Department ofState website (https://www.tlrules.org/default.asp) and atthe DEP Division ofAir Resource Management website (http://www.dep.state.tl.us/air/rules/current.htm). There are five rule chapters ofthe F.A.C. that contain SIP-approved rule sectionsthat directly or indirectly address implementation ofthePb NAAQS:

• Chapter 62-204, F.A.C., AirPollution Control-GeneralProvisions. All EPA regulations cited throughout DEP's air pollution rules are adopted and incorporated by reference in Rule 62-

10114/Jl 1204.800, F.A.C. The purpose and effect ofeach such adopted regulation is determined bythe context in which it is cited. This rule is referenced in the discussion below regarding the requirements in sections 110(aX2)(A), (B), (C), (D), (F), (J), and (K) ofthe CAA.

• Chapter 62-210, F.A.C., Stationary Sources -GeneralRequirements. This rule chapter establishes definitions and the general requirements for stationary sources ofair pollutant emissions. It provides criteria for determining the need for an owner oroperatorto obtain DEP authorization by permit to conduct certain activities involving sources ofair pollutant emissions, and it establishes reporting requirements and requirements relating to estimating emissions. This chapter also sets forth special provisions related to compliance monitoring, stack heights, circumvention ofpollution control equipment, and excess emissions. This rule chapter is referenced in the discussion below regarding the requirements in sections 110(a)(2)(A), (B), (C), (D), (F), (J) and (K) ofthe CAA.

• Chapter62-212, F.A.C., Stati()nary Sources-PreconstructionReview. This rule chapter establishes the preconstruction review requirements for proposed new emissions units, new facilities, and modifications to existing units and facilities. The requirements ofthis chapter apply to those proposed activities for which an air construction permit is required. This chapter includes general preconstruction review requirements and specific requirements for emissions units subject to both attainment and nonattainment area preconstruction review (i.e., New Source Review). This rule chapter is referenced in the discussion below regarding the requirements in sections 110(a)(2)(A), (B), (C), (D), (F), (J) and (K) ofthe CAA.

• Chapter62-296, F.A.C., Stationary Sources-Emission Standards. This rule chapter establishes emission limiting standards and compliance requirements for stationary sources ofair pollutant emissions. Itestablishes emission limitations for specific categories offacilities and emissions units, including reasonably available control technology (RACT) requirements for sources ofPb emissions in and nearthe Hillsborough County nonattainment area. This rule chapter is referenced in the discussion below regardingthe requirements in section 110(a)(2)(A) and (F) ofthe CAA.

• Chapter62-297, F.A.C., Stationary Sources-Emissions Monitoring. This rule chapter establishes test procedures for determining the compliance ofair pollutant emissions units with emission limiting standards. This rule chapter is referenced in the discussion below regarding the requirements in sections 110(aX2)(A) and (F) ofthe CAA. As mentioned above, many ofthe current SIP-approved rules have been adopted by DEP under the authority ofsubsection 403.061(35), F.S. Beyond the broad authority given to DEP by this statute to implement the CAA, DEP relies on other Florida Statutes for authority to conductvarious air program activities such as permitting, monitoring, fee collection, compliance assurance, enforcement, and emergency response. While not approved and incorporated into Florida's SIP, these statutes are essential to Florida's implementation ofthe Pb NAAQS and are referenced in the discussion below regarding the requirements ofsection 110(a)(2) ofthe CAA. The Florida Statutes are referenced onlyto confirm DEP's legal authority to implementthe SIP. DEP is notrequesting that these statutes be approved and incorporated into Florida's SIP. The Florida Statutes are available online at http://www.leg.state.fl.us/Statutes. Section 110(a)(2) Elements- ImplementingRules and Statutes 110(a)(2)(A)- Emission limits and other control measures: Requires SIP to include enforceable emission limits and other control measures, means or techniques; schedules for compliance; and other related matters.

10114111 2• Rules: SIP-approved sections ofChapters 62-204, 62-210, 62-212, 62-296 and 62-297, F.A.C., to the extent such rule sections include emission limits and other control measures for pollutantemitting activities that contribute to Pb concentrations in the ambient air and also provide authority for DEP to establish such limits and measures through SIP-approved permits. • Statutes: Subsection 403.061(9), F.S., which authorizes DEP to "[a]dopt a comprehensive program for the prevention, control, and abatement ofpollution ofthe air

... ofthe state," and section 403.8055, F.S., which authorizes DEP to "[a]doptrules substantively identical to regulations adopted in the Federal Register bythe United States Environmental Protection Agency pursuantto federal law

...." • Note: DEP understands that EPA does not expectthis SIP infrastructure submission to address the emission control measures needed to attain the Pb NAAQS in the designated Pb nonattainment area in Hillsborough County, Florida. 110(a)(2)(B)- Ambient air quality monitoring: Requires SIP to provide for the establishment and operation ofambient air quality monitors; the compilation and analysis ofambient air quality data; and the submission ofthese data to EPA upon request. • Rules: SIP-approved sections ofChapters 62-204, 62-210 and 62-212, F.A.C., to the extent such rule sections require the use ofFederal Reference Method orequivalent monitors and also provide authority for DEP to establish monitoring requirements through SIP-approved permits. • Statutes: Subsection 403.061(1), F.S., which authorizes DEP to "[a]pprove and promulgate current and long-range plans developed to provide for air and water quality control and pollution abatement," subsection 403.061(9), F.S., which authorizes DEP to "[a]dopt a comprehensive program for the prevention, control, and abatement ofpollution ofthe air and waters ofthe state

....," and subsection 403.061(11), F.S., which authorizes DEP to "[e]stablish ambient air quality

... standards for the state as a whole or for any partthereof." • Note: Florida's air monitoring strategy for Pb is set forth in DEP's 2011 Annual Monitoring Network Plan (http://www.dep.state.fl.us/air/air quality/techrpt/proposed net plan ll.pdt). 110(a)(2)(C)- Program for enforcement ofcontrol measures and new source review: Requires SIP to include a program that provides for enforcement ofall SIP measures and for the regulation ofthe construction ofnew or modified stationary sources to meet prevention ofsignificant deterioration (PSD) and nonattainment new source review (NNSR) requirements. • Rules: SIP-approved sections ofChapters 62-204, 62-210, and 62-212, F.A.C., to the extent such rule sections provide for enforcement ofPb emission limits and control measures and also provide for a permitting program as required underparts C and D ofthe CAA for pollutantemitting activities that contribute to Pb concentrations in the ambient air. • Statutes: Subsection 403.061(6), F.S., which requires DEP to "[e]xercise general supervision of the administration and enforcement ofthe laws, rules, and regulations pertaining to air and water pollution"; subsection 403.061(14), F.S., which authorizes DEP to "[e]stablish a permit system whereby a permit may be required for the operation, construction orexpansion ofany installation that may be a source ofairpollution

...." (with the definition ofpollution provided in subsection 403.031(7), F.S.); section 403.087, F.S., which provides specific requirements for implementation ofa permit system for operation ofreasonably expected sources ofair pollution; and section 403.121, which authorizes DEP to seekjudicial and administrative remedies for violations. • Note: DEP'sEPA-approved preconstruction review program applies to both major and minor sources. DEP'sEPA-approved PSD program sufficiently ensures thatthe construction ofmajor stationary sources and major modifications will not cause or contribute to a violation ofthe Pb NAAQS and that all new or modified major sources will apply the Best Available Control Technologyto reduce Pb emissions in accordance with the CAA and EPA PSD permitting requirements.

10/14111 3110(a)(2)(D)(i)- Interstate transport: Requires SIP to include provisions prohibiting any source or othertype ofemissions activity within the state from contributing significantly to nonattainment ofthe NAAQS in any other state; interfering with maintenance ofthe NAAQS in any other state; or interfering with any other state'srequired plan under Part C ofthe CAA for prevention ofsignificant deterioration and protection ofvisibility. • Rules: SIP-approved sections ofChapters 62-204, 62-210, and 62-212, F.A.C., which require that any new major source or majormodification undergo PSD orNNSRpermitting and thereby demonstrate that it will not cause orcontribute to a violation ofanyNAAQS orPSD increment in Florida orany other state and require thatthe owner oroperator provide an analysis ofadditional impacts ofthe source or modification, including impacts onvisibility. • Statutes: Subsection 403.061(14), F.S., which authorizes DEP to "[e]stablish a permit system whereby a permit may be required for the operation, construction orexpansion ofany installation that may be a source ofairpollution

...." (with the defmition ofpollution provided in subsection 403.031(7), F.S.), and section 403.087, F.S., which provides specific requirements for implementation ofa permit system for operation ofreasonablyexpected sources ofair pollution. • Note: The GulfPower Company Crist powerplant in Escambia County is the only facility in close proximityto another state (approximately 10 miles from Alabama) thathas Pb emissions greaterthan 0.5 tons peryear. This plantwas recommended for a waiver from source-specific Pb monitoring requirements on the basis ofmodeling results showing a maximum 3-month average ambient Pb concentration ofonly 0.001 micrograms per cubic meter. As such, the source would not be expected to negatively impact attainment or maintenance ofthe Pb NAAQS in Alabama or any other state. Since Florida is subjectto the regional haze program which addresses visibilityimpairing pollutants, DEP understands that EPA does not expect this SIP infrastructure submission to address regional haze control measures. 

# • 110(a)(2)(D)(ii)- Interstate and international transport provisions: Requires SIP to include provisions ensuring compliance with the applicable requirements ofsections 115 or 126(b) ofthe CAA. • Rules: SIP-approved sections ofChapters 62-204, 62-210, and 62-212, F.A.C., which require that any new major source ormajor modification undergo PSD orNNSRpermitting and thereby provide notification to other potentially affected federal, state, and local government agencies. • Statutes: Subsection 403.061(14), F.S., which authorizes DEP to "[e]stablish a permit system whereby a permit may be required for the operation, construction orexpansion ofany installation that may be a source ofairpollution

...." (with the definition ofpollution provided in subsection 403.031(7), F.S.), and section 403.087, F.S., which provides specific requirements for implementation ofa permit system for operation ofreasonably expected sources ofairpollution. 110(a)(2)(E)- Adequate resources: Requires state to provide for adequate personnel, funding and legal authority under state lawto carry out its SIP and related issues. • Statutes: Subsection 403.061(2), F.S., which authorizes DEP to "[h]ire only such employees as may be necessaryto effectuate the responsibilities ofthe department," subsection 403.061(4), F.S., which authorizes DEP to "[s]ecure necessary scientific, technical, research, administrative, and operational services by interagency agreement, by contract, or otherwise"; section 403.182, F.S., which authorizes DEP to approve local pollution control programs; and subsection 320.03(6), F.S., which authorizes DEP to establish an Air Pollution Control TrustFund and use a $1 fee on every motor vehicle license registration sold in the state for air pollution control purposes. • Note: The DEP understands that when EPA does a completeness determination and final approval for any SIP submittal, it implicitly determines that the requirements ofsection 110(a)(2)(E) are met. Each submittal must provide for adequate personnel, funding and legal

10/14111 4authority under state law to carry outthe proposed SIP revision. In order for a submittal to be deemed complete, any local and regional implementation plans must be submitted through the state agency. In Florida's case, no local orregional areas submit implementation plans; DEP is solely responsible for the SIP. 110(a)(2)(F)- Stationary source emissions monitoring: Requires SIP to provide for the establishment and operation ofemissions monitoring systems by source owners or operators, and for the submission of periodic emissions reports from such sources. • Rules: SIP-approved sections ofChapters 62-204, 62-210, 62-212, 62-296, and 62-297, F.A.C., to the extent such rule sections require emissions monitoring and reporting for pollutant-emitting activities that contribute to Pb concentrations in the ambient air, including requirements for the installation, calibration, maintenance and operation ofequipmentfor continuously monitoring or recording emissions, orprovide authority for DEP to establish such emissions monitoring and reportingrequirements through SIP-approved permits; and require reporting ofPb emissions in such manner as to allowthe state to correlate such data with applicable emission limitations and comply with the provisions ofthe EPA AirEmissions Reporting Rule. • Statutes: Subsection 403.061(13), F.S., which authorizes DEP to "[r]equirepersons engaged in operations which may result in pollution to file reports which may contain

... any other such information as the department shall prescribe

..."; also, section 403.8055, F.S., which authorizes DEP to "[a]doptrules substantively identical to regulations adopted in the Federal Register by the United States Environmental Protection Agency pursuantto federal law

...." 110(a)(2)(G)- Emergency powers: Requires state to provide for authority comparable to that in section 303 ofthe CAAto address activities causing imminent and substantial endangermentto public health and to provide contingency plans to implement such authority. • Statutes: Section 403.131, F.S., which authorizes DEP to "[s]eek injunctive reliefto enforce compliance with this chapter or any rule, regulation orpermit certification, or order; to enjoin any violation specified ins. 403.061(1); and to seek injunctive reliefto prevent irreparable injury to the air, waters, and property, including animal, plant, and aquatic life, ofthe state and to protect human health, safety, and welfare caused orthreatened by any violation"; and paragraph 120.569(2Xn), F.S., which authorizes DEP to issue emergency orders to address immediate dangers to the public health, safety, or welfare. 110(a)(2)(H)- Future SIP revisions: Requires state to have the authority to revise their SIP in response to changes in the NAAQS, availability ofimproved methods for attaining the NAAQS, or anyEPA finding that the SIP is substantially inadequate. • Statutes: Subsection 403.061(35), F.S., which, as previouslydescribed in the "Introduction" above, grants DEP the broad authority to implement the CAA; also, subsection 403.061(9), F.S., which authorizes DEP to "[a]dopt a comprehensive program for the prevention, control, and abatement ofpollution ofthe air

... ofthe state, and from time to time review and modify such programs as necessary." 110(a)(2)(1)- Nonattainment areas: Require states to meet the applicable requirements ofpart D ofthe CAA relating to nonattainment areas. • Note: DEP understands that EPA does not expectthis SIP infrastructure submission to address this element. DEP further understands that Florida is required to submit a proposed SIP revision by June 30, 2012, addressing the nonattainment area provisions ofPart D ofthe CAA for the designated Pb nonattainment area in Hillsborough County, Florida.

10/14/11 5110(a)(2)(J)- Consultation with government officials; public notification ofNAAQS violations; and compliance with PSD and visibility requirements: Requires state to consult with local governments and federal land managers pursuantto the provisions ofsection 121 ofthe CAA; notify the public of instances or areas exceedingthe NAAQS pursuantto section 127 ofthe CAA; and meetthe requirements ofpart C ofthe CAA (relating to PSD and visibility protection). • Rules: SIP-approved sections ofChapters 62-204, 62-210, and 62-212, F.A.C., to the extent such rule sections require intergovernmental consultation, public notice and compliance with the requirements ofparts C and D ofthe CAA. • Statutes: Subsection 403.061(21), F.S., which authorizes DEPto "[a]dvise, consult, cooperate, and enter into agreements with other agencies ofthe state, the Federal Government, other states, interstate agencies, groups, political subdivisions, and industries affected bythe provisions ofthis act, rules, or policies ofthe department" and subsection 403.061(20), F.S., which authorizes DEP to "[c]ollect and disseminate information

... relating to pollution." • Note: Notification to the public ofinstances or areas exceedingthe NAAQS and associated health effects is provided through implementation ofthe Air Quality Index reporting system in all required areas. 110(a)(2)(K)- Air quality modeling: Requires state to provide for the performance ofair quality modeling as required by EPA to predictthe effects on air quality ofemissions ofNAAQS pollutants and for submission ofsuch datato EPA. • Rules: SIP-approved sections ofChapter 62-204,62-210, and 62-212, F.A.C., to the extent such rule sections require use ofEPA-approved modeling ofpollutant-emitting sources that contribute to Pb concentrations in the ambient air. • Statutes: Subsection 403.061(13), F.S., which authorizes DEP to "[r]equire persons engaged in operations which may result in pollution to file reports which may contain information relating to locations, size ofoutlet, height ofoutlet, rate and period ofemission, and composition and concentration ofeffluent and such other information as the department shall prescribe to be filed

..."; also subsection 403.061(18), F.S., which authorizes DEP to "[e]ncourage and conduct studies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and control." • Note: DEP has the technical capability to conduct or review all air quality modeling associated with the NSRprogram and all SIP-related modeling, exceptphotochemical grid modeling which is performed for DEP under contract. All such modeling is conducted in accordance withthe provisions of40 CPRPart 51, Appendix W, "Guideline on Air Quality Models." DEP agrees to submit any NSR or SIP modeling files to EPA upon request. 110(a)(2)(L)- Permitting fees: Requires state to assess permitting fees to coverthe costs ofreviewing, approving, implementing and enforcing major stationary source permits. • Statutes: Paragraph 403.087(6)(a), F.S., which directs DEP to"require a processing fee in an amount sufficient, to the greatestextent possible, to coverthe costs ofreviewing and acting upon any application for a permit

..." • Note: The subject costs are covered by the Air Pollution Control Trust Fund, which is made up ofvarious funding sources. 110(a)(2)(M)- Consultation and participation by affected local entities: Requires state to provide for consultation and participation in SIP development by local political subdivisions affected bythe SIP. • Statutes: Subsection 403.061(21), F.S., which authorizes DEP to "[a]dvise, consult, cooperate, and enter into agreements with other agencies ofthe state, the Federal Government, other states, interstate agencies, groups, political subdivisions, and industries affected by the provisions ofthis act, rules, or policies ofthe department."

10/14111 6• Note: DEP has specific operating agreements with eight county air pollution control agencies (Duval, Orange, Hillsborough, Pinellas, Sarasota, Palm Beach, Broward, and Miami-Dade) that delineate the duties and responsibilities ofeach such county in carrying out Florida's air program, including applicable portions ofthe SIP.

10114111 7