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June 3, 2013 

FLORIDA DEPARTMENT OF 

ENVIRONMENTAL PROTECTION 

BOB MARTINEZ CENTER 

2600 BLAIRSTONE ROAD 

TALLAHASSEE, FLORIDA 32399-2400 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

U.S. Environmental Protection Agency (EPA)- Region 4 

61 Forsyth Street, SW 

Atlanta, GA 30303-8909 

RICK SCOTT 

GOVERNOR 

HERSCHEL T. VINYARD JR. 

SECRETARY 

Re: Air Program: State Implementation Plan Infrastructure Submittal for the 2010 Revised 

National Ambient Air Quality Standard for Sulfur Dioxide 

Dear Ms. Keyes Fleming: 

On behalf of the Florida Department of Environmental Protection (DEP), I hereby confirm that the 

requirements of Sections 110(a)(l) and 110(a)(2) of the Clean Air Act are adequately addressed in 

Florida's approved State Implementation Plan (SIP) with respect to the implementation of the 2010 

revised national ambient air quality standard for sulfur dioxide (S02). Enclosed please find 

documentation demonstrating the correlation between the Section 110(a)(2) infrastructure elements 

and the Florida Statutes and SIP-approved Florida rules that address each such element. An exact 

duplicate of this submittal in a searchable format has been e-mailed to the Air Planning Branch. A 

notice of an opportunity to request ·a hearing and submit written comments concerning this 

confirmation appeared in the Florida Administrative Register on May 13, 2013 (enclosed), and a 

hearing, if requested, will be held on June 14, 2013. After this date, I will send you a follow-up letter 

that either addresses any EPA comments, public comments or hearing testimony received by DEP, or 

confirms that no such hearing testimony or comments were received. 

If you have any questions on this submittal or need additional information, please contact Chad 

Stevens at (850) 717-9089. Thank you for your continued support of our efforts to implement the 

Clean Air Act in Florida. 

Katy L. Fenton, Deputy Director 

Division of Air Resource Management 

KLF/crs 

Enclosure 

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

www. dep.state.jl. us 
1

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

State Implementation Plan Infrastructure Confirmation for the

2010 Revised National Ambient Air Quality Standard for

Sulfur Dioxide

Introduction

The United States Environmental Protection Agency (EPA) revised the national ambient air 

quality standard (NAAQS) for Sulfur Dioxide (SO2) on June 2, 2010. See 75 Fed. Reg. 35520 

(June 22, 2010). Within three years of EPA’s promulgation of a revised NAAQS, states must

address basic SIP “infrastructure” elements listed under section 110(a)(2) of the Clean Air Act 

(CAA), including emissions inventories, monitoring, and modeling to assure attainment and 

maintenance of that new NAAQS. See 42 U.S.C. § 7410(a)(1) & (2). EPA has historically 

referred to the submittals in which states must address these requirements as “infrastructure 

SIPs.”1 Infrastructure SIPs do not address the section 110(a)(2) elements that cannot be 

governed by the three year timeframe – i.e., section 110(a)(2)(I), which addresses SIP revisions 

for nonattainment areas, and section 110(a)(2)(C) to the extent it refers to the nonattainment new 

source review program.

Section 403.061(35), Florida Statues, grants the Florida Department of Environmental Protection 

(DEP) the broad authority to “[e]xercise the duties, powers and responsibilities required of the 

state under the federal [CAA], 42 U.S.C. ss. 7401 et seq” and “implement the programs required 

under that act in conjunction with its other powers and duties.” By virtue of this statute, DEP has 

the authority and responsibility to act on behalf of the State of Florida to develop and revise a 

SIP as required by CAA section 110(a)(1) and to ensure that the SIP adequately addresses the 

required infrastructure elements prescribed under CAA section 110(a)(2).

DEP hereby confirms that the requirements of sections 110(a)(1) and the infrastructure elements 

required by sections 110(a)(2)(A)-(M) of the CAA are adequately addressed in Florida’s existing 

approved SIP with respect to the implementation of the 2010 revised national ambient air quality 

standard for SO2. Furthermore, DEP confirms that all elements of Florida’s approved SIP have 

undergone public notice in accordance with the requirements of 40 CFR 51.102. This document 

demonstrates the correlation between the section 110(a)(2) infrastructure elements and the 

Florida Statutes and SIP-approved Florida rules that address each such element.

 

1

This specific term does not appear in the CAA, but EPA uses the term to distinguish this 

particular type of SIP submission designed to address basic structural requirements of a SIP from 

other types of SIP submissions designed to address other different requirements, such as 

‘‘nonattainment SIP’’ submissions required to address the nonattainment planning requirements 

of part D, ‘‘regional haze SIP’’ submissions required to address the visibility protection 

requirements of CAA section 169A, NSR permitting program submissions required to address 

the requirements of parts C and D, and a host of other specific types of SIP submissions that 

address other specific matters.
2

Rules and Statutes

Florida’s existing SIP consists largely of Florida Administrative Code (F.A.C.) rules adopted by 

DEP and approved by EPA through the SIP revision process. The complete list of DEP rules 

approved and incorporated by reference into Florida’s SIP is published by EPA in the United 

States Code of Federal Regulations at 40 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 of State website

(https://www.flrules.org/default.asp) and at the DEP Division of Air Resource Management 

website (http://www.dep.state.fl.us/air/rules/current.htm).

There are five rule chapters of the F.A.C. that contain SIP-approved rule sections that directly or 

indirectly address implementation of the SO2 NAAQS:

 Chapter 62-204, F.A.C., Air Pollution Control –General Provisions. All EPA 

regulations cited throughout DEP’s air pollution rules are adopted and incorporated by 

reference in Rule 62-204.800, F.A.C. The purpose and effect of each such adopted 

regulation is determined by the context in which it is cited. This rule is referenced in the 

discussion below regarding the requirements in CAA sections 110(a)(2)(A), (B), (C), (D), 

(F), (J), and (K).

 Chapter 62-210, F.A.C., Stationary Sources –General Requirements. This rule 

chapter establishes definitions and the general requirements for major and minor

stationary sources of air pollutant emissions. It provides criteria for determining the need 

for an owner or operator to obtain DEP authorization by permit to conduct certain 

activities involving sources of air 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 of 

pollution control equipment, and excess emissions. This rule chapter is referenced in the 

discussion below regarding the requirements in CAA sections 110(a)(2)(A), (B), (C), (D), 

(F), (J), and (K).

 Chapter 62-212, F.A.C., Stationary Sources –Preconstruction Review. This rule 

chapter establishes the preconstruction review requirements for proposed new emissions 

units, new facilities, and modifications to existing units and facilities. The requirements 

of this chapter apply to those proposed activities for which an air construction permit is 

required. This chapter includes general 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 CAA sections 110(a)(2)(A), (B), (C), (D), 

(F), (J), and (K).

 Chapter 62-296, F.A.C., Stationary Sources –Emission Standards. This rule chapter 

establishes emission limiting standards and compliance requirements for stationary 

sources of air pollutant emissions. It establishes emission limitations for specific 

categories of facilities and emissions units, including reasonably available control 

technology (RACT). This rule chapter is referenced in the discussion below regarding 

the requirements in CAA sections 110(a)(2)(A), (D), and (F).
3

 Chapter 62-297, F.A.C., Stationary Sources –Emissions Monitoring. This rule 

chapter establishes test procedures for determining the compliance of air pollutant 

emissions units with emission limiting standards. This rule chapter is referenced in the 

discussion below regarding the requirements in CAA sections 110(a)(2)(A) and (F).

As mentioned above, many of the current SIP-approved rules have been adopted by DEP under 

the authority of section 403.061(35), Florida Statutes. Beyond the broad authority given to DEP 

by this statute to implement the CAA, DEP relies on other Florida Statutes for authority to 

conduct various air program activities such as permitting, monitoring, fee collection, compliance 

assurance, enforcement, and emergency response. These statutes are essential to Florida’s 

implementation of the SO2 NAAQS and are referenced in the discussion below regarding the 

requirements of section 110(a)(2) of the CAA. For the most part, the Florida Statutes are 

referenced only to confirm DEP’s legal authority to implement the SIP; however, certain statutes 

have been approved and incorporated into Florida’s SIP and are noted as such. The Florida 

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

Section 110(a)(2) Elements – Implementing Rules and Statutes

110(a)(2)(A) – Emission limits and other control measures: SIPs must include enforceable 

emission limits and other control measures, means, or techniques; schedules for compliance; and 

other related matters.

 Rules: SIP-approved rule chapters 62-204, 62-210, 62-212, 62-296, and 62-297, F.A.C.,

collectively include emission limits and other control measures for pollutant-emitting 

activities that contribute to SO2 concentrations in the ambient air and provide authority 

for DEP to establish such limits and measures as well as schedules for compliance 

through SIP-approved permits.

 Statutes: Section 403.061(9), Florida Statutes, authorizes DEP to “[a]dopt a 

comprehensive program for the prevention, control, and abatement of pollution of the 

air... of the state,”) and section 403.8055, Florida Statutes, authorizes DEP to “[a]dopt 

rules substantively identical to regulations adopted in the Federal Register by the United 

States Environmental Protection Agency pursuant to federal law....”

110(a)(2)(B) – Ambient air quality monitoring: SIPs must provide for the establishment and 

operation of ambient air quality monitors; the compilation and analysis of ambient air quality 

data; and the submission of these data to EPA upon request.

 Rules: SIP-approved rule chapters 62-204, 62-210, and 62-212, F.A.C., require the use 

of Federal Reference Method or equivalent monitors and also provide authority for DEP 

to establish monitoring requirements through SIP-approved permits.

 Statutes: Section 403.061(1), Florida Statutes, authorizes DEP to “[a]pprove and 

promulgate current and long-range plans developed to provide for air and water quality 

control and pollution abatement.” Section 403.061(9), Florida Statutes, authorizes DEP 

to “[a]dopt a comprehensive program for the prevention, control, and abatement of 

pollution of the air and waters of the state....” Section 403.061(11), Florida Statutes,

authorizes DEP to “[e]stablish ambient air quality... standards for the state as a whole or 

for any part thereof.”
4

 Note: As of the date of this infrastructure submittal, the development of the SO2 

monitoring network is ongoing; therefore Florida’s SO2 monitoring strategy will be 

established per the requirements set forth in the 2013 and any subsequent Annual 

Monitoring Network plan relevant to the development of Florida’s SO2 monitoring 

network.

110(a)(2)(C) – Program for enforcement of control measures and new source review: SIPs 

must include a program that provides for: enforcement of all SIP measures and regulation of the 

modification and construction of any stationary source within the areas covered by the plan as 

necessary to assure that the NAAQS are achieved, including a permit program as required in 

parts C and D of Title 1 of the CAA.

 Rules: SIP-approved rule chapters 62-204, 62-210, and 62-212, F.A.C., collectively 

establish a preconstruction, new source permitting program that meets the PSD 

requirements under part C of Title 1 of the CAA for pollutant-emitting activities that 

contribute to SO2 concentrations in the ambient air and also provide for the enforcement 

of SO2 emission limits and control measures. DEP’s EPA-approved preconstruction 

review program applies to both major and minor sources. New major sources and major 

modifications that are subject to PSD permitting must demonstrate that the source or 

modification will not cause or contribute to a violation of any NAAQS or PSD increment 

and provide an analysis of additional impacts of the source or modification, including 

impacts on visibility. All new or modified major sources of SO2 emissions will apply the 

Best Available Control Technology (BACT) to reduce SO2 emissions in accordance with 

the CAA and EPA PSD permitting requirements. 

 Statutes: Section 403.061(6), Florida Statutes, requires DEP to “[e]xercise general 

supervision of the administration and enforcement of the laws, rules, and regulations 

pertaining to air and water pollution.” Section 403.121, Florida Statutes, authorizes DEP 

to seek judicial and administrative remedies, including civil penalties, injunctive relief, 

and criminal prosecution for violations of any DEP rule or permit. 

 Note 1: EPA has promulgated a Federal Implementation Plan (FIP) for the Florida PSD 

program to address the preconstruction permitting of greenhouse gases (76 FR 82246). 

The FIP in conjunction with the above referenced SIP approved rules and Florida Statutes 

meet the requirements of Section 110(a)(2)(C).

 Note 2: The “nonattainment new source review” part of this element is outside the scope 

of this infrastructure submittal because it pertains to part D, in title I of the CAA, which 

addresses SIP requirements and submission deadlines for designated nonattainment areas 

for NAAQS. 

110(a)(2)(D)(i) – Interstate transport: SIPs must include provisions prohibiting any source or 

other type of emissions activity within the state emitting any air pollutant in amounts which will

(i) contribute significantly to nonattainment in, or interfere with maintenance by, any other state 

with respect to any such primary or secondary NAAQS or (ii) interfere with measures required to 

be included any other state’s SIP to prevent significant deterioration of air quality or to protect 

visibility.

 Rules: SIP-approved sections of Chapters 62-204, 62-210, and 62-212, F.A.C., require

any new major source or major modification to undergo PSD or NNSR permitting and 

thereby demonstrate that it will not cause or contribute to a violation of any NAAQS or 
5

PSD increment in Florida or any other state and require that the owner or operator 

provide an analysis of additional impacts of the source or modification, including impacts 

on visibility. All new or modified major sources of SO2 emissions will apply the Best 

Available Control Technology (BACT) to reduce SO2 emissions in accordance with the 

CAA and EPA PSD permitting requirements. The above chapters, along with Chapter 

62-296, F.A.C., also provide for implementation of the EPA Clean Air Interstate Rule 

(CAIR).

 Statutes: Section 403.061(14), Florida Statutes, authorizes DEP to “[e]stablish a permit 

system whereby a permit may be required for the operation, construction or expansion of 

any installation that may be a source of air pollution....” (with the definition of 

“pollution” provided in section 403.031(7), Florida Statutes), and section 403.087, 

Florida Statutes, provides specific requirements for implementation of a permit system 

for operation of reasonably expected sources of air pollution.

 Note 1: Florida’s regional haze plan for addressing visibility-impairing pollutants is, as 

of the date of this infrastructure submission, proposed to be fully approved under 

Florida’s SIP by EPA (77 FR 73369). This plan ensures that Florida will not interfere 

with visibility protection in other states. 

 Note 2: DEP understands per EPA’s November 2012 memorandum addressing the 

vacatur of the 2011 Cross-State Air Pollution Rule,

2

that EPA does not expect this SIP 

infrastructure submission to address the requirement for SIPs to prohibit significant

contribution to nonattainment in, or interfere with maintenance by, any other state with 

respect to any such primary or secondary NAAQS.

110(a)(2)(D)(ii) – Interstate and international transport provisions: SIPs must include 

provisions ensuring compliance with the applicable requirements of CAA sections 115 or 126(b).

 Rules: SIP-approved sections of Chapters 62-204, 62-210, and 62-212, F.A.C., require 

any new major source or major modification to undergo PSD or NNSR permitting and 

thereby provide notification to other potentially affected federal, state, and local 

government agencies. 

 Statutes: Section 403.061(14), Florida Statutes, authorizes DEP to “[e]stablish a permit 

system whereby a permit may be required for the operation, construction or expansion of 

any installation that may be a source of air pollution....” (with the definition of pollution 

provided in section 403.031(7), Florida Statutes), and section 403.087, Florida Statutes, 

provides specific requirements for implementation of a permit system for operation of 

reasonably expected sources of air pollution.

110(a)(2)(E) – Adequate resources and authority, conflict of interest, and oversight of local 

government: States must provide for adequate personnel, funding, and legal authority under 

state law to carry out its SIP and related issues; comply with conflict-of-interest requirements 

under CAA section 128; and ensure adequate oversight of any local government agency 

responsible for implementation of any SIP provision.

 

2

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

1-10, Re: Next Steps for Pending Redesignation Requests and Pending State Implementation 

Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air 

Pollution Rule, November 19, 2012.
6

 Statutes: Section 403.061(2), Florida Statutes, authorizes DEP to “[h]ire only such 

employees as may be necessary to effectuate the responsibilities of the department.” 

Section 403.061(4), Florida Statutes, authorizes DEP to “[s]ecure necessary scientific, 

technical, research, administrative, and operational services by interagency agreement, by 

contract, or otherwise.” Section 403.182, Florida Statutes, authorizes DEP to approve 

local pollution control programs. Section 320.03(6), Florida Statutes, authorizes DEP to 

establish an Air Pollution Control Trust Fund and use a $1 fee on every motor vehicle 

license registration sold in the state for air pollution control purposes. Section 

112.3143(4) and section 112.3144, Florida Statutes, both of which have been adopted and 

incorporated into Florida’s SIP and, together, require disclosure of conflicts of interest by 

public officials consistent with the requirements of CAA section 128.

 Note: The DEP understands that when EPA does a completeness determination and final 

approval for any SIP submittal, it implicitly determines that the requirements of CAA 

section 110(a)(2)(E) are met. Each submittal must provide for adequate personnel, 

funding, and legal authority under state law to carry out the proposed SIP revision. In 

order for a submittal to be deemed complete, any local and regional implementation plans 

must be submitted through the state agency. In Florida’s case, no local or regional areas 

submit implementation plans; DEP is solely responsible for the SIP.

110(a)(2)(F) – Stationary source emissions monitoring: SIPs must provide for the 

establishment and operation of emissions monitoring systems by source owners or operators, and 

for the submission of periodic emissions reports from such sources.

 Rules: SIP-approved sections of Chapters 62-204, 62-210, 62-212, 62-296, and 62-297, 

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

pollutant-emitting activities that contribute to SO2 concentrations in the ambient air, 

including requirements for the installation, calibration, maintenance, and operation of 

equipment for continuously monitoring or recording emissions, or provide authority for 

DEP to establish such emissions monitoring and reporting requirements through SIPapproved permits; and require reporting of SO2 emissions in such manner as to allow the 

state to correlate such data with applicable emission limitations and comply with the 

provisions of the EPA Air Emissions Reporting Rule.

 Statutes: Section 403.061(13), Florida Statutes, which authorizes DEP to “[r]equire 

persons engaged in operations which may result in pollution to file reports which may 

contain... any other such information as the department shall prescribe...”; also, section 

403.8055, Florida Statutes, which authorizes DEP to “[a]dopt rules substantively 

identical to regulations adopted in the Federal Register by the United States 

Environmental Protection Agency pursuant to federal law....”

110(a)(2)(G) – Emergency powers: States must have authority comparable to that in section 

303 of the CAA to address activities causing imminent and substantial endangerment to public 

health and to provide contingency plans to implement such authority.

 Statutes: Section 403.131, Florida Statutes, authorizes DEP to: seek injunctive relief to 

enforce compliance with this chapter or any rule, regulation or permit certification, or 

order; to enjoin any violation specified in section 403.061(1), Florida Statutes (i.e., the 

failure to obtain a permit or comply with any DEP permit or rule or comply with any 

Florida Statute administered by the DEP); and to seek injunctive relief to prevent 
7

irreparable injury to the air, waters, and property, including animal, plant, and aquatic 

life, of the state and to protect human health, safety, and welfare caused or threatened by 

any violation.” Section 120.569(2)(n), Florida Statutes, authorizes DEP to issue 

emergency orders to address immediate dangers to the public health, safety, or welfare; 

both of which have been adopted and incorporated into Florida’s SIP.

110(a)(2)(H) – Future SIP revisions: States must have authority to revise its SIP in response to 

changes in the NAAQS, availability of improved methods for attaining the NAAQS, or any EPA 

finding that the SIP is substantially inadequate.

 Statutes: Section 403.061(35), Florida Statutes, as previously described in the 

“Introduction” above, grants DEP the broad authority to implement the CAA. Moreover, 

section 403.061(9), Florida Statutes, authorizes DEP to “[a]dopt a comprehensive 

program for the prevention, control, and abatement of pollution of the air ... of the state, 

and from time to time review and modify such programs as necessary.”

110(a)(2)(I) – Nonattainment areas: States must meet the applicable requirements of part D of 

the CAA relating to nonattainment areas.

 Note: This element is outside the scope of this infrastructure submittal because it pertains 

to part D, in title I of the CAA, which addresses SIP requirements and submission 

deadlines for designated nonattainment areas for NAAQS. 

110(a)(2)(J) – Consultation with government officials; public notification of NAAQS 

violations; and compliance with PSD and visibility requirements: States must consult with 

local governments and federal land managers pursuant to the provisions of section 121 of the 

CAA; provide measures for notifying the public of instances or areas exceeding the NAAQS 

pursuant to section 127 of the CAA; and meet the requirements of part C of the CAA (relating to 

PSD and visibility protection).

 Rules: SIP-approved sections of Chapters 62-204, 62-210, and 62-212, F.A.C. require 

intergovernmental consultation, public notice, and compliance with the requirements of 

part C and D of the CAA. SIP-approved rule chapters 62-204, 62-210, and 62-212, 

F.A.C., collectively establish a preconstruction, new source permitting program that 

meets the PSD requirements under part C of the CAA for pollutant-emitting activities 

that contribute to SO2 concentrations in the ambient air. New major sources and major 

modifications that are subject to PSD permitting must demonstrate that the source or 

modification will not cause or contribute to a violation of any NAAQS or PSD increment 

and provide an analysis of additional impacts of the source or modification, including 

impacts on visibility. All new or modified major sources of SO2 emissions will apply the 

Best Available Control Technology (BACT) to reduce SO2 emissions in accordance with 

the CAA and EPA PSD permitting requirements.

 Statutes: Section 403.061(21), Florida Statutes, authorizes DEP to “[a]dvise, consult, 

cooperate, and enter into agreements with other agencies of the state, the Federal 

Government, other states, interstate agencies, groups, political subdivisions, and 

industries affected by the provisions of this act, rules, or policies of the department” and 

section 403.061(20), Florida Statutes, authorizes DEP to “[c]ollect and disseminate 

information ... relating to pollution.”
8

 Note 1: Notification to the public of instances or areas exceeding the NAAQS and 

associated health effects is provided through implementation of the Air Quality Index 

reporting system in all required areas. 

 Note 2: EPA has promulgated a FIP for the Florida PSD program to address the 

preconstruction permitting of greenhouse gases (76 FR 82246). The FIP in conjunction 

with the above referenced SIP approved new source preconstruction permitting program

meet the PSD requirements of part C of the CAA.

 Note 3: Florida’s regional haze plan for addressing visibility-impairing pollutants is, as 

of the date of this infrastructure submission, proposed to be fully approved under 

Florida’s SIP by EPA (77 FR 73369). This plan ensures that Florida will meet the 

visibility requirements in part C of the CAA.

110(a)(2)(K) – Air quality modeling: States must provide for the performance of air quality 

modeling as required by EPA to predict the effects on air quality of emissions of NAAQS 

pollutants and for submission of such data to EPA.

 Rules: SIP-approved sections of Chapter 62-204, 62-210, and 62-212, F.A.C., require 

use of EPA-approved modeling of pollutant-emitting sources that contribute to SO2

concentrations in the ambient air.

 Statutes: Section 403.061(13), Florida Statutes, authorizes DEP to “[r]equire persons 

engaged in operations which may result in pollution to file reports which may contain 

information relating to locations, size of outlet, height of outlet, rate and period of 

emission, and composition and concentration of effluent and such other information as 

the department shall prescribe to be filed....” Section 403.061(18), Florida Statutes, 

authorizes DEP to “[e]ncourage and conduct studies, investigations, and research relating 

to pollution and its causes, effects, prevention, abatement, and control.”

 Note: DEP has the technical capability to conduct or review all air quality modeling 

associated with the NSR program and all SIP-related modeling, except photochemical 

grid modeling which is performed for DEP under contract. All such modeling is 

conducted in accordance with the provisions of 40 CFR Part 51, Appendix W, “Guideline 

on Air Quality Models.” DEP agrees to submit any NSR or SIP modeling files to EPA 

upon request. 

110(a)(2)(L) – Permitting fees: States must assess permitting fees to cover the costs of 

reviewing, approving, implementing, and enforcing major stationary source permits.

 Statutes: Paragraph 403.087(6)(a), Florida Statutes, directs DEP to “ require a processing 

fee in an amount sufficient, to the greatest extent possible, to cover the costs of reviewing 

and acting upon any application for a permit....”

 Note: The subject costs are covered by the Air Pollution Control Trust Fund, which is 

made up of various funding sources.

110(a)(2)(M) – Consultation and participation by affected local entities: States must provide 

for consultation and participation in SIP development by local political subdivisions affected by 

the SIP.

 Statutes: Section 403.061(21), Florida Statutes, authorizes DEP to “[a]dvise, consult, 

cooperate, and enter into agreements with other agencies of the state, the Federal 
9

Government, other states, interstate agencies, groups, political subdivisions, and 

industries affected by the provisions of this act, rules, or policies of the department.”

 Note: DEP has specific operating 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 of each such county in carrying 

out Florida’s air program, including applicable portions of the SIP.
Florida Administrative Register 

Management Acceptance Corp.) for payment or compensation 

from FMHRC who is dissatisfied with a decision ofFMHRC's 

Board of Directors. 

A copy of the agenda may be obtained by contacting: Vicky 

Krentz at (888)862-7010. 

Pursuant to the provisions of the Americans with Disabilities 

Act, any person requiring special accommodations to 

participate in this workshop/meeting is asked to advise the 

agency at least 48 days before the workshop/meeting by 

contacting: Vicky Krentz at (888)862-7010. If you are hearing 

or speech impaired, please contact the agency using the 

Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-

8770 (Voice). 

For more information, you may contact: Vicky Krentz, 

Executive Director, FMHRC, P. 0. Box 7848, Clearwater, FL 

33765, (888)862-7010, vicky@fmhrc.org. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

The Division of Air Resource Management announces the 

opportunity for a hearing to which all persons are invited. 

DATE AND TIME: June 14,2013, 11:00 a.m. 

PLACE: Department of Environmental Protection, Bob 

Martinez Center, 2600 Blairstone Road, Room 195, 

Tallahassee, Florida 

GENERAL SUBJECT MATTER TO BE CONSIDERED: 

Pursuant to 40 CFR 51.102, the Department of Environmental 

Protection (DEP) announces the opportunity for the public to 

request a hearing or offer comments on its proposal to submit 

documentation to the U.S. Environmental Protection Agency 

(EPA) confirming that Florida complies with the requirements 

of section 110(a)(2) of the Clean Air Act with respect to 

implementation, maintenance, and enforcement of the 2010 

revised National Ambient Air Quality Standard for sulfur 

dioxide. The submittal is not a proposed SIP revision, 

nonattainment SIP, or attainment plan; it is a confirmation that 

Florida's existing SIP meets the Clean Air Act's structural 

requirements. The Clean Air Act contains separate timelines 

for submittals addressing nonattainment areas. A public 

hearing will be held, if requested, at the date, time, and place 

given above. It is not necessary that the hearing be held or 

attended in order for persons to comment on DEP's proposed 

submittal to EPA. Any request for a public hearing must be 

submitted by letter or e-mail to Mamie Brynes at Department 

of Environmental Protection, Division of Air Resource 

Management, 2600 Blairstone Road, MS 5500, Tallahassee, 

Florida 32399-2400, or marnie.bcynes@dep.state.tl.us, and 

received no later than June 12, 2013. Any comments must be 

submitted by letter or e-mail to Chad Stevens at the above 

address or chad.r.stevens@dep.state.fl.us, with a copy to Ms. 

Brynes, and received no later than June 12, 2013. If no request 

2490 

Volume 39, Number 93, May 13,2013 

for a public hearing is received, the hearing will be cancelled, 

and notice of the cancellation will be posted at 

http://sharepoint.dep.state.fl.us!PublicNotices!default.aspx. 

Persons may also contact Ms. Brynes at (850)717-9029 to find 

out if the hearing has been cancelled. The materials 

comprising DEP's proposed submittal to EPA are accessible 

from the above website by clicking on the June 14 hearing 

link. The materials may also be inspected during normal 

business hours at the DEP, Division of Air Resource 

Management office, Bob Martinez Center, 2600 Blairstone 

Road, Tallahassee, Florida, or accessed with the aid of any 

DEP District Air Section or DEP-approved local air pollution 

control office. 

For more information on this proposal or to obtain a copy of 

the hearing agenda, please contact Mr. Stevens by letter or email, or by calling (850)717 -9089. 

Pursuant to the provisions of the Americans with Disabilities 

Act, any person requiring special accommodations to 

participate in this workshop/meeting is asked to advise the 

agency at least 48 hours before the workshop/meeting by 

contacting: Mamie Brynes at (850)717-9029 or 

mamie.bcynes@dep.state.fl.us. If you are hearing or speech 

impaired, please contact the agency using the Florida Relay 

Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Office of the Secretary 

The Florida Greenways and Trails Council announces a public 

meeting to which all persons are invited. 

DATE AND TIME: June 5, 2013,9:00 a.m. 

PLACE: Ravine Gardens State Park, Conference Room North 

& South, 1600 Twigg Street, Palatka, FL 32177 

Interested parties who are not able to attend this meeting in 

person may participate via conference call by dialing toll free 

(888)670-3525 and entering passcode 6790547274#. 

GENERAL SUBJECT MATTER TO BE CONSIDERED: 

2013-2017 Florida Greenways and Trails System Plan and 

other general business. 

A copy of the agenda may be obtained by contacting: Angie 

Bright, Office of Greenways and Trails, Division of 

Recreation and Parks, State of Florida Department of 

Environmental Protection, 3900 Commonwealth Boulevard, 

MS 795, Tallahassee, FL 32399-3000. Ms. Bright may also be 

contacted by telephone at (850)245-2052 or by email to 

Angie.Bright@dep.state.fl.us. 

Pursuant to the provisions of the Americans with Disabilities 

Act, any person requiring special accommodations to 

participate in this workshop/meeting is asked to advise the 

agency at least 3 days before the workshop/meeting by 

contacting: Angie Bright, Office of Greenways and Trails, 

Division ofRecreation and Parks, State of Florida Department