# ~lorida Department Environmental Protection Division of Air Resource Manaqement Rick Scott Governor Jennifer Carroll Lt. Governor

Herschel T. Vinyard Jr. Secretary

March 23,2012 2600 Blair Stone Road, MS. 5500 Tallahassee, Florida 323

Ms. Gwendolyn Keyes Fleming r L. Regional Administrator 

### U. S. Environmental ProtectionAgency, Region 4 61 Forsyth Street, SW Atlanta, GA 30303-8909 Re: Air Program: Conditional Approval of State Implementation Plan Infrastructure Submittal for the 1997 8-hour Ozone National Ambient Air Quality Standard -Proposed Response to Section 110(a)(2)(G)Finding Dear Ms. Keyes Fleming: On March 27, 2008, the Environmental Protection Agency (EPA) published a final rulemaking entitled "Completeness Findings for Section 110(a) State Implementation Plans; 8-Hour Ozone NAAQS," making a finding that each state had either submitted or failed to submit a complete State Implementation Plan (SIP) that provided the basic program elements of section 110(a)(2) of the Clean Air Act (CAA) necessary to implement the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). Florida's SIP infrastructure submission for the 1997 &hour ozone standard was determined to be complete for all elements with the exception of section 110(a)(2)(G)related to emergency powers. As a result, EPA issued a finding of fbilure to submit for this infrastructure element. Specifically, section 110(a)(2)(G) relates to the requirement for states to provide emergency authority comparable to that in section 303 of the CAA, and adequate contingency plans to implement such authority. This letter is to request conditional approval of Florida's 1997 8-hour ozone standard SIP infrastructure submission, pending submittal by the state of a proposed SIP revision to address section 110(a)(2)(G) of the CAA and thus correct the deficiency of Florida's SIP for this infrastructure element. Specifically, the Department of Environmental Protection PEP)hereby commits to propose a revision to Florida's SIP to address the requirements of section 110(a)(2)(G) prior to such time that EPA is obligated per a settlement agreement signed on November 30,20 11, to implement a federal implementation plan (FIP).e 

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-. Ms. Gwendolyn Keyes Fleming March 23,2012 Page 2 of 2 As detailed below, Florida Statutes403.13 1 and 120.569(2)(n) provide the state comparable authority to that of section 303 ofthe CAA. Thesetwo statutes, as quoted below, will be submitted to EPA for incorporation into Florida's SIP. Florida Statute403.13 1Injunctive relie5 remedies.- (1) The department may institute a civil action in a court of competentjurisdiction to seek injunctivereliefto enforce compliance with this chapter or any rule, regulation,permit certification,or order; to enjoin any violation specified in s. 403.161(1); and to seek injunctive reliefto prevent irreparableinjury to the air, waters, and property, including animal, plant, and aquatic life, ofthe state and to protect human health, safety, and welfare caused or threatenedby any violation. Florida Statute 120.569Decisions whichafectsubstantial interests.- (2)(n) If an agency head finds that an immediate dangerto the public health, safety, or welfare requires an immediate final order, it shall recite with particularitythe facts underlying such finding in the final order, which shall be appealableor enjoinablefrom the date rendered. The department believes these statutes adequately address the requirements of section 303 of the CAA and the SIP infrastructure requirements of section 110(a)(2)(G), not only for the 1997 ozone standard but also for the other pending SIP infrastructure confirmations for Florida. Therefore, this pending revisionto the Florida SIPto address CAA section 303 requirements will be submitted for thispurpose and to correctthe deficiencyofFlorida's SIP. The schedule for this proposed SIP revision is as follows: 1. Publish SIPrevision for public comment -April 20 12 2. Address comments received 

### -May/June 20 12 3. Submit final SIPrevision for approval -June 20 12 If you have any questions on this request or need additional information, please contact Chad Stevens at (850) 717-9089. Thank you for your continued support of our efforts to implement the CAA in Florida. Sincerely,

Brian Accardo, Deputy Director Division ofAir Resource Management

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