**-~~~~------------ -----------------------~~**  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 (S0 2 ). 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

. us1 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 quali ty standard (NAAQS) for Sulfur Dioxide ( S O 2 ) 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. § 74 10(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 se ction 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

re quired by sectio ns 110(a)(2)(A)

- (M) of the CAA are adequately addressed in Florida’s existing approved SIP with respect t o the implementation of the 2010 revised national ambient air quality standard for S O 2 . Furthermore, DEP confirms that all elements of Florida’s appro ved 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 addres s 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 r equirements, 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 p rogram 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 Uni ted States Code of Federal Regulations a t 40 CFR 52.520(c)

. T he 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 S O 2 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 de termined by the context in which it is cited. This rule is ref erenced 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 requirem ents 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 i t est ablishes 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 emissio ns. 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 p reconstruction 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 attain ment 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., Statio nary Sources

– Emission Standards. This rule chapter establishes emission limiting standards and compliance requirements for stationary sources of air pollutant emissions. It establish es emission limitations for specific categories of facilities and emiss ions units, including reasonably available control technology (RACT) . This rule chapter is referenced in the discussion below regarding the requirements in CAA section s 110(a)(2)(A) , (D)
, and (F)

.3

 Chapter 62

- 297, F.A.C., Stationary Sources

– Emissions Moni toring. 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 s ection 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. T hese statutes are essential to F lorida’s implementation of the S O 2 NAAQS and are referenced in the discussion below regarding the requirements of section 110(a)(2) of the CAA. For the most part, t he Florida Statutes are referenced only to confirm DEP’s legal authority to implement the S IP ; 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: SIP s must include enforceable emission limits and other control measures, means
, or techniques; schedules for compli ance; and other related matters

.
 Rules: SIP

- approved r ule chapters 62

- 204, 62

- 210, 62

- 212, 62

- 296
, and 62

- 297, F.A.C.
, c ollectively include emission limits and other control measures for pollutant

- emitting activities that contribute to S O 2 concentrations in the ambient air and provide au thority for DEP to establish such limits and measures as well as schedules for compliance through SIP

- approved permits.

 Statutes: S ection 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 S tatutes, 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: SIP s must provide for the establishment and operation of ambient air quality monitors; the co mpilation and analysis of ambient ai r 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: S ection 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 pol lution abatement. ” S ection 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....” S ection 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 su bmittal
, the development of the S O 2 monitoring network is ongoing; therefore Florida ’s S O 2 monitoring strategy will be established per the re quirements set forth in the 2013 and any subsequent Annual Monitoring Network plan relevant t o the development of Florida’s S O 2 monitoring network

. 110(a)(2)(C)

– Program for enforcement of control measures and new source review: SIP s 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 o f Title 1 of the CAA

.
 Rules: SIP

- approved rule c hapters 62

- 204, 62

- 210, and 62

- 212, F.A.C., collectively establish a preconstruction, new source permitting program that meet s the PSD require ments under part C of Title 1 of the CAA for pollutant

- emitting a ctivities that contribute to S O 2 concentrations in the ambient air and also provide for the enforcement of S O 2 emission limits and control measures

. DEP’s EPA

- approved preconstruction review program applies to both major and minor sources. N ew 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 sour ce or modification, including impacts on visibility. All ne w or modified major sources of S O 2 emissions will apply the Best Available Control Technology ( BACT) to reduce S O 2 emissions in accordance with the CAA and EPA PSD permitting requirements.

 Statu tes: 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 pol lution.” 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 Implem entation Plan ( FIP ) for the Florida PSD program to address the preconstruction permitting of g reenhou s e 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: T he “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: SI P s must include provisions prohibiting any source or other type of emissions activity with in 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 or5

PSD increment in Florida or any other stat e and require that the owner or operator provide an analysis of additional impacts of the source or modification, including impacts on visibility

. All ne w or modified major sources of S O 2 emissions will apply the Best Available Contr ol Technology (BACT) to reduce S O 2 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), Flo rida 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.

 No te 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: SIP s must include provisions e nsuring complianc e with the applicable requirements of CAA sect ions 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 o r 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 perm it 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 provis ion

.

2 McCarthy, Gina, Assistant EPA Administrator, Memo to Air Division Directors, Regions 1

- 1 0, 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 scie ntific, technical, research, administrative, and operational services by interagency agreement, by contract, or otherwise

. ” S ection 403.182, Florida Statutes , authorizes DEP to approve local pollution control programs . S ection 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 . S ection 112.3143(4) and section 112.3144, F lorida 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 p roposed 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 respons ible for the SIP.

110(a)(2)(F)

– Stationary source emissions monitoring: SIP s must provide for the establishment and operation of emissions monitoring systems by source owners or operators, and for the submi ssion 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 S O 2 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 an d reporting requirements through SIP

approved permits ; and require reporting of S O 2 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 pow ers: S tate s 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, Flor ida Statutes , authorizes DEP to : s eek injunctive relief to enforce compliance with this chapter or any rule, regulation or permit certification, or order; to enjoin any violation specified in s ection 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 prevent7

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, s afety, or welfare ; both of which have been a dopted 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 t he 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 requir ements 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 S O 2 concentrations in the ambient air. N ew 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 ne w or modified major sources of S O 2 emissions will apply the Best Available Contr ol Technology (BACT) to reduce S O 2 emissions in accordance wit h 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

s ection 403.061(20), Florida Statutes , authorizes DEP to “ [c] ollect and disseminate information ... relating to polluti on.”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 g reenhouse gases (76 FR 82246). The FIP in conjunction with the above referenced SIP approved new source preconstruction permitting program meet the PSD requirements of p art C of th e 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 m eet the visibility requirements in p art 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 S O 2 concentrations in the ambient air

.
 Statutes: S ection 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 in formation as the department shall prescribe to be filed...

. ” S ection 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 co ntrol.”

 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 aff ected local entities: States must provide for consultation and participation in SIP development by local political subdivisions affected by the SIP.

 Statutes: S ection 403.061(21), Florida Statutes , authorizes DEP to “ [a] dvise , consult, cooperate, and enter into agreements with other agencies of the state, the Federal9

Government, other states, interstate agencies, groups, political subdivisions, and industries affected by the provisions of this act, rules, or policies of the de partment.”

 Note: DEP has specific operating agreement s 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 coun ty 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