# STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 20 1 2
- 0 2 REMOVAL OF SULFUR STORAGE AND H ANDLING RULE S April 5 , 201 2

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## i STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 20 1 2
- 02 REMOVAL OF SULFUR STORAGE AND H ANDLING RULES

TABLE OF CONTENTS SUBJECT PAGE Letter of Submittal ................................ ................................ ................................ ........................ 1 Executive Summary ................................ ................................ ................................ ...................... 3 Introduction ................................ ................................ ................................ ....................... 3 Background ................................ ................................ ................................ ....................... 3 SIP Development Process ................................ ................................ ................................ . 4 Summary of Proposed SIP Revision ................................ ................................ ............... 4 Response to 40 CFR Part 51, Appendix V, Criteria ................................ ................................ .. 5 Legal Authority ................................ ................................ ................................ ........................... 14 Materials Proposed to be Removed from the SIP ................................ ................................ .... 16 Chapter 62
- 212, Rule 62
- 212.600, F.A.C., Proposed for Removal ............................. 16 Chapter 62
- 296, Rule 62
- 296.411, F.A.C., Proposed for Removal ............................. 20 Public Participation ................................ ................................ ................................ .................... 29 Response to 40 CFR 51.102 Requirements ................................ ................................ ... 29 Notice of Opportunity to Submit Comments or Participate in Public Hearing ........ 31 Requests for Local/District Air Pr ogram Offices to Provide Assistance to Public ... 33 Notifications to Other States ................................ ................................ .......................... 35 Pu blic Comments on SIP Notice ................................ ................................ .................... 38 DEP Response to Public Comments ................................ ................................ .............. 38 Pre
- Hearing Submittal to EPA ................................ ................................ ................................ .. 39 Pre
- Hearing Submittal Letter ................................ ................................ ........................ 39 Materials Enclosed with Pre
- Hearing Submittal ................................ ......................... 40 EPA Comments on Pre
- Hearing Submittal ................................ ................................ .. 41 DEP Response to EPA Comments ................................ ................................ ................. 42

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## 1 Letter of Submittal

# /:~OlEC11ON 

# I

- I FLOR A
April5,2012 

# Fl o r i d a D e p a r tme n t of Environ m ental Protection
Bob Martinez Center 2600 Blair Stone 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
Dear Ms. Keyes Fleming: Rick Scott Governor
Jennifer Carroll

It. Governor
Herschel T. VinyJrd Jr. Secretary



### Re: Air Program: Proposed Revision to Florida's State Implementation Plan

- Removal of Sulfur Storage and Handling Rules (Proposed SIP Revision 2012-02)
In accordance with 40 CFR 51.103, I am pleased to submit for your review and approval the subject proposed revision to Florida's State Implementation Plan (SIP) under the Clean Air Act. The SIP revision consists of the removal of two rule sections related to new and existing sulfur storage and handling facilities. The department has determined that the rule sections are no longer necessary. The complete SIP submittal package (hard copy and CD) has been sent directly to the Air Planning Branch. The electronic copy is an exact duplicate of the hard copy. The notice of opportunity to submit comments, request a public hearing, or participate i n a public hearing, if requested, regarding the proposed SIP revision was published on October 14, 2011, in the Florida Administrative Weekly. There were no requests for a hearing, so the hearing, scheduled for November 16, 2011, was cancelled. I hereby certify that the public participation requiremen t s of all applicable state and federal regulations, including those of 40 CFR 51.102, have been satisfied with respect to this proposed SIP revision.
In addition to submitting this proposed SIP revision for the removal of the Su l fur Storage and Handling Facilities rules, we also hereby withdraw our request for approval of the pending proposed SIP Revision 2000

- 01, Corrective Amendments for Sulfur Storage and Handling Facilities, which we submitted to your office on August 22,2000 (EPA tracking number FL

- 108). With removal from the SIP of rule section 62

- 212.600, Florida Administrative Code (F.A.c.), 

### as requested herein, the previously submitted corrective amendments to the rule are now obsolete.

VI"NIV.dcp.staIC.n.1/5

## 2 Ms. Gwendolyn Keyes Fleming April 5, 2012 Page 2 of2
Thank you for your continued support of our efforts to fully implement the Clean Air Act in Florida. If you have any questions abo ut this proposed SIP revision, please contact Chad Stevens at (850)717-9089 or bye-mail at Chad.R.Stevens@dep.state.fl.us

. Sincerely,

Brian 

### J. Accardo Deputy Director, Division of Air Resource Management

cc (with SIP package): R. Scott Davis, Chief, Air 

### Planning Branch, EPA Region 4

## 3 Executive Summary Proposed Revision to State Implementation Plan

S ubmittal Number 20 1 2
- 02 Removal of Sulfur Storage and Handling Rule s Introduction The Department of Environmental Protection (DEP) is proposing a revision to Florida’s State Implementation Plan (SIP) under the federal Clean Air Act (CAA)

. The proposed SIP revision would eliminate unnecessar il y - specific particulate matter requirements for new and existing sulfur storage and handling facilities in the state

. The proposed revision involves the requested removal from the SIP of two Florida Administrative Code (F.A.C.) rule sections in two F.A.C. rule chapters. 1 

## T he following two F.A.C. rule sections are hereby submitted to the U.S. Environmental Protection Agen cy (EPA) for approval to be remov ed from Florida’s SIP. Chapter 62

- 21 2 , F.A.C., “ Stationary Sources

– Preconstruction Review ” 1. Rule 62

- 21 2

. 6 00 , F.A.C., “ Sulfur Storage and Handling Facilities ” Chapter 62

- 2 96 , F.A.C., “ Stationary Sources

– Emission Standards ” 2. Rule 62

- 2 96

. 411 , F.A.C., “ Sulfur Storage and Handling Facilities ” Background With removal of the above two rules from the SIP , Florida’s particulate matter requirements under the SIP for new and existing sulfur storage and handling facilit ies would align with the particulate matter requirements for other , similar dry material handling sources in the state

. In 1985, when the sulfur storage and handling rules were first adopted , there was concern that total suspended particulate matter levels i n Florida would be negatively impacted by increased sulfur handling and storage operations to such an extent as to warrant additional facility

- specific work practices and monitoring. This has turned out not to be the case. The particulate matter emission s from these facilities are , in fact, negligible. The “ General Preconstruction Review Requirements ” and “ Prevention of Significant Deterioration (PSD) ” provisions of Rules 62

- 212.300 and 62

- 212.400, F.A.C., respectively; and the “ General Pollutant Emissio n Limiting Standards ” of Rule 62

- 296.320, F.A.C., can be applied to adequately control these negligible particulate matter emissions. Therefore, DEP has determined that separate regulations for sulfur storage and handling facilities are no longer necessar y and should be removed from the SIP in the interest of streamlining Florida’s air regulations.

1 

### In the Florida Administrative Code, “62

- 212,” for example, is a rule chapter, and “62

- 212.600” is a rule section, commonly written as “Chapter 62

- 212, F.A.C.,” and “Rule 62

- 212.600, F.A.C.,” respectively. The effective dates of new and amended rules in the F.A.C. are tied to rule sections; therefore, EPA incorporates F.A.C. rules into Florida’s SIP o n a section

- by

- section basis according to their state effective dates. Likewise, EPA removes rules from the SIP on a section

- by

- section basis.

## 4

S IP Development Process As previously stated, the proposed SIP revision involves removal of two p reviously

- approved F.A.C. rule sections in two separate F.A.C. rule chapters: Rule 62

- 212.600, “ Sulfur Storage and Handling Facilities, ” in Chapter 62

- 212, F.A.C., “ Stationary S ources

– Preconstruction Review; ” and Rule 62

- 296.411, “ Sulfur Storage and Handling Facilities , ” in Chapter 62

- 296, “ S tationary Sources

– Emission Standards. ” Section 403.061(35), Florida Statutes, authorizes DEP to “exercise the duties, powers, and responsibilities required of the state under the federal Clean Air Act.” These duties and responsibilities include the dev elopment and periodic updating of Florida’s SIP. Pursuant to this authority, DEP has developed this proposed SIP revision

. Pursuant to state administrative procedures and 40 CFR 51.102 , on October 14, 2011, DEP published a notice in the Florida Administrative Weekly ( FAW ) announcing the opportunity for the public to provide comments, request a public hearing, or participate in a public hearing to be held on November 16, 2011, if requested, regarding th e proposed revision to Florida’s SIP

. No hea ring was requested by November 14, 2011, so the hearing was cancelled . Procedural questions were received and responded to. The q uestions and response can be found in the “Public Comments on SIP Notice” section of this submittal. In accordance with the 30

- day notice requirement of 40 CFR 51.102, a pre

- hearing submittal regarding the proposed SIP revision was transmitted to EPA on October 14 , 2011 , and posted on the DEP website. At the same time, notice of the opportunity to submit comments , request a pu blic hearing, or participate in the public hearing , if requested, was transmitted to neighboring states and Florida’s local air pollution control programs. Summary of Proposed SIP Revision Rule s 62

- 21 2

. 6 00 and 6 2

- 2 96 .4 11 , F.A.C. , are proposed to be removed from Florida’s SIP for the reasons summarized below

. Rule 62
- 21 2 . 6 00

– “ Sulfur Storage and Handling Facilities ”

– Rule is unnecessary ; the

“ General Preconstruction Review Requirements ” and “ Prevention of Significant Deterioration (PSD) ” provision s of the Rules 62

- 212.300 and 62

- 212.400, F.A.C., respectively , can be used instead to prevent particulate matter emissions that would interfere with attainment and maintenance of national ambient air quality standards , prevention of significant deterioration of air quality , or protection of visibility

. Rule 62
- 2 96.411

– “ Sulfur Storage and Handling Facilities ”

– Rule is unnecessary ; the

“ General Pollutant Emission Limiting Standards ” of Rule 62

- 296.320, F.A.C., can be applied instea d to adequately control particulate matter emissions from dry material handling operations such as those associated with sulfur storage and handling facilities

.

## 5 Response to 40 CFR P art 51, A ppendix V, C riteria Pursuant to 40 CFR Part 51, Appen dix V, t he following shall be included in SIP submissions for review by EPA: 2.1. Administrative Materials (a) A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof (hereafter “the plan”). A copy of the “L etter of S ubmittal, ” signed by the Deputy Director of the Division of Air Resource Management, Florida DEP , on behalf of the Governor of the State of Florida, is located at the front of this document. (b) Evidence that the State has adopt ed the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter “document”) in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if diff

erent from the adoption/issuance date. Not applicable. (c) Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. DEP has the necessary legal authority to adopt and implement this proposed revision to Florida’s SIP. References to the pertinent Florida Statutes and Flor ida Administrative Code rules may be found in the “ Legal Authority” section of this submittal. (d) A c opy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made ( such as, redline/strikethrough ) to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever possible, be indicated in th e document itself. If the State submits an electronic copy, it must be an exact duplicate of the hard copy with changes indicated, signed documents need to be in portable document format, rules need to be in text format and files need to be submitted in ma nageable amounts (e.g., a file for each section or chapter, depending on size, and separate files for each distinct document) unless otherwise agreed to by the State and Regional Office. This proposed revision to Florida’s SIP consists of the requested removal from the SIP of : 1. Rule 62

- 212.600, F.A.C., “Sulfur Storage and Handling Facilities” 2. Rule 62

- 2 96.411 , F.A.C., “Sulfur Storage and Handling Facilities” Copies of the se rule sections as currently incorporated into the SIP may be found in the “Materials Proposed to be Removed from the SIP” section of this submittal

.

## 6

(e) Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan. State law (s ection 120.525, F.S.) require s DEP to provide notice of public meetings, hearings, and workshops in the Florida Administrative Weekly (F AW) not less than seven days before the event. Through publication in the F AW of the notice of opportunity to participate in a public hearing, if requested, at least 30 days before the event, DEP has complied with all state procedural requirements relevant to the development of this proposed SIP revision

. A copy of the notice of proposed SIP revision may be fo und in the “Public Participation” section of this submittal. (f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. DEP has complied with all public notice requirements of 40 CFR 51.102. Copies of the relevant notices and notification letters may be found in the “Public Participation ” and “Pre

- Hearing Submittal to EPA” section s of this submittal. (g) Certification that public hearing(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable and consistent with the public hearing requirements in 40 CFR 51.102. Certification of compliance with all state and federal public notice an d hearing requirements is provided in the “L etter of S ubmittal. ” (h) Compilation of public comments and the State's response thereto. Written comments received during the public notice period on this proposed SIP revision , and DEP ’s response thereto, may be found in the “Public Participation” and “Pre

- Hearing Submittal to EPA” sections of this submittal.
2.2. Technical Support (a) Identification of all regulated pollutants affected by the plan. Particulate matter ( in the form of PM 10 

## and PM 2.5 

## ) is the pollutant affected by the plan. Sulfur dioxide (SO 2 

## ) is not a pollutant affected by the plan. Sulfur does not convert to sulfur dioxide at ambient conditions. Sulfur must be oxidized (burned) to create sulfur dioxide. In the Frasch process, elem ental sulfur is melted, filtered to remove ash, sprayed under pressure into a combustion chamber and burned to create SO 2 

## . (See AP

- 42 Section 8.10, Sulfuric Acid, http://www.epa.gov/ttn/chief /ap42/ch08/index.html .) (b) Identification of the locations of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected areas(s).

## 7

Locations of affected sources , inclu ding the EPA attainment/nonattainment designation , are set forth in Table 1, below.

Table 1

– Location of Affected Sources
Facility ID Facility/Site Name County PM 2.5 

### Attainment/ Nonattainment Location Designation PM 10 

### Attainment/

Nonattainment Location Designation

0470002 White Springs Agricultural Chemicals

Suwanee River/ Swift Creek Complex Hamilton Unclassifiable Unclassifiable

0570005 CF Industries, Inc.

Plant City Phosphate Complex Hillsborough * Unclassifiable Unclassifiable

0570008 Mosaic Fertilizer

Riverview Facility Hillsborough * Unclassifiable Unclassifiable

0570082 Gulf Sulphur Services, Ltd., LLLP

Hookers Point Site , Tampa Hillsborough * Unclassifiable Unclassifiable

0570100 Gulf Sulphur Services, Ltd., LLLP

Port Sutton Site , Tampa Hillsborough * Unclassifiable Unclassifiable

0570455 Pasco Terminals, Inc.

Port Sutton, Tampa Hillsborough * Unclassifiable Unclassifiable

0570477 Martin Gas Sales, Inc.

Pendola Point Rd, Tampa Hillsborough * Unclassifiable Unclassifiable

1050046 Mosaic Fertilizer

Bartow Facility Polk * Unclassifiable Unclassifiable

1050055 Mosaic Fertilizer

South Pierce Plant Polk * Unclassifiable Unclassifiable

1050059 Mosaic Fertilizer

New Wales Facility Polk * Unclassifiable Unclassifiable

1130005 Quantum Resources Management, LLC

- St. Regis Gas Treatment Facility and

Jay Gas Plant Santa Rosa Unclassifiable Unclassifiable



## *Location is within area formerly designated nonattainment for total suspended particulate matter (TSP) or within 50 kilometers of such area

.

## 8

(c) Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision. Estim ated changes in current actual emissions from affected sources: none. Permits for affected sources currently contain work practice standard s and opacity limits to regulate PM emissions, and will continue to contain work practice standard s and opacity limits under other state rules

. [See Table 2 in paragraph (g).] (d) The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implement ed. For all requests to redesignate an area to attainment for a national primary ambient air quality standard, under section 107 of the Act, a revision must be submitted to provide for the maintenance of the national primary ambient air quality standards f or at least 10 years as required by section 175A of the Act. Because actual emissions are not expected to change , pursuant to section 110(l) of the CAA, there will be no impact on national ambient air quality standards (NAAQS), prevention of significant de terioration (PSD) increments, reasonable further progress (RFP), nor visibility. The regulations for sulfur storage and handling facilities, Rules 62

- 212.600 and 62

- 296.4 11 , F.A.C., are no longer necessary. At the time these regulations were written , in 1 985, there was concern that total suspended particulate matter levels in Florida would be negatively impacted by increased sulfur handling and storage operations to such an extent as to warrant additional facility

- specific work practices and monitoring. T his has turned out not to be the case. The particulate matter emissions from these facilities are negligible. Chart 1 below shows a comparison of the emissions of PM from the sulfur handling and storage emissions units at each facility to the PM emissions from the entire facility to show how negligible the sulfur PM emissions are.

0.0 50.0 100.0 150.0

1 2 3 4 5 6 7 8 9 10 Tons/Year in 2010 (Potential used where actual emissions not reported)
Facility 

## Comparison of Emissions of Particulate Matter (PM) from 

## Sulfur Handling and Storage Emissions Units (EUs) at a Facility

vs. PM Emissions from the Entire Facility

Sulfur EU PM All Facility EU PM



## Chart 1

## 9

Rule 62

- 212.600, F.A.C., is not required because t he “ General Preconstruction Review Requirements ” and “ Prevention of Significant Deterioration (PSD) ” provisions of Rule s 62

- 212.300 and 62

- 212.400, F.A.C. , respectively, can be applied , instead of the sulfur

- specific requirements of paragraph 62

- 212.600 (2)(a) , F.A.C., to evaluate potenti al particulate matter ambient air quality impacts. The sulfur deposition analysis require d by paragraph 62

- 212.600(2)(b) , F.A.C., i s unnecessary because there is no standard to compare the resul ts with to demonstrate compliance. The specific requirements of Rule 62

- 296.411, F.A.C., are not required because t he “ General Pollutant Emission Limi ting Standards ” of Rule 62

- 296.320, F.A.C., and, for some emissions units, the PM RACT (Reasonably Available Control Technology) requirements of R ule 62

- 296.711, F.A.C., can be applied to adequately control these negligible particulate matter emissions

. Th e control tech niques and work practice standards found in Rule 62

- 296.411 , F.A.C., to control unconfined emissions of particulate matter can also be required by paragraph 62

- 296.320 (4)(c) , F.A.C., which prohibits the emission of unconfined particulate matter without taking reasonable precautions to prevent such emissions. In addition, for existing sulfur handling, sizing, screening, crushing and grinding operations in the former total suspended p a rticulate (TSP) nonattainment areas or within 50 kilometers of such former TSP nonattainment areas , paragraph 62

- 296.711(2)(a) generally imposes a 5% opacity limit, except where an emissions unit has received a determination of B ACT (Best Available Control Technology) or the emissions are insignificant enough to be exempted by the criteria listed in subsection 62

- 296.700(2), F.A.C. [See also Table 2 in paragraph (g) for a comparison of requirements.] The following pie charts indicate that visible emission s have been well under the opacity limits for the sulfur storage and handling emissions units regardless of an emissions unit’s opacity limit. The majority of the tests show that there were no visible emissions.

## 10 Results of 205 Visible Emissions Tests conducted in 2010
- 2011 for Sulfur Storage & Handling Emissions Units with a 10% Opacity Limit

0% Opacity 1

- 5% Opacity 6

- 9% Opacity 10% Opacity



## Chart 2

Results of 14 Visible Emissions Tests conducted in 2010
- 2011 for Sulfur Storage & Handling Emissions Units with a 15% Opacity Limit

0% Opacity 1

- 5% Opacity



## Chart 3

## 11

(e) Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptio ns, and other information relevant to the determination of adequacy of the modeling analysis. As there were no emissions rates to change , no modeling has been conducted. (f) Evidence, where necessary, that emission limitations are based on continuous emis sion reduction technology. Continuous emission reduction technology is not applicable.

Results of 66 Visible Emissions Tests conducted in 2010
- 2011 for Sulfur Storage & Handling Emissions Units with a 20% Opacity Limit

0% Opacity

1

- 5% Opacity

6

- 9% Opacity

10

- 14% Opacity

15%

- 19% Opacity



## Chart 4

## 12

(g) Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. Evidence that the plan contains opacity limitations and work practice standards necessary to ensure no increase in PM emission levels is set forth in Table 2, below : Table 2

– Impact of Rule 62
- 296.411 Removal on Sulfur Storage and Handling Facilities with

Emissions Units (EUs) currently regulated by Rule 62
- 296.411, F.A.C.

Facility ID County Particulate Matter Emissions Limits with Rule 62
- 296.411 Particulate Matter Emissions Limits without Rule 62
- 296.411 (i.e., limited by Rule 62
- 296.320, General Pollutant Emission Limiting Standards; Rule 62
- 296.711 Materials Handling, Sizing, Screening, Crushing

and Grinding Operations; or other permit condition.)

Control Techniques and Work Practices required to minimize particulate matter emissions? Visible

Emission Limit (% Opacity) Control

Techniques and Work Practices required to minimize particulate matter emissions? Visible

Emission Limit (% Opa city) Visible Emissions Limit Rule Cite

0470002 Hamilton Yes 20 Yes 20 62

- 296.320 0570005 Hillsborough Yes 10 Yes 10 A ir C onstruction (AC) permit limit 0570008 Hillsborough Yes 10 or 15 Yes 10 or 15 AC permit limit; Each EU limit < 1 TPY 0570082 Hillsborough Yes 10 or 15 Yes 20 62

- 296.320; Each EU limit < 1 TPY 0570100 Hillsborough Yes 10 or 15 Yes 20 62

- 296.320; Eac h EU limit < 1 TPY 0570455 Hillsborough Yes 10 or 15 Yes 20 62

- 296.320; Each EU limit < 1 TPY 0570477 Hillsborough Yes 10 or 15 Yes 20 62

- 296.320; Each EU limit < 1 TPY

1050046 Polk Yes 20 Yes 5, 10, or 20 62

- 296.711(2)(a); 5 or 10 unless obtain EU limits to meet PM RACT exemption criteria (e.g., EU limit < 1 TPY)

1050055 Polk Yes 20 Yes 5, 10, or 20 62

- 296.711(2)(a); 5 or 10 unless obtain EU limits to meet PM RACT exemption criteria (e.g., EU limit < 1 TPY)

1050059 Polk Yes 20 Yes 5, 10, or 20 62

- 296.711(2)(a); 5 or 10 unless obtain EU limits to meet RACT exemption criteria (e.g., EU limit < 1 TPY) 1130005 Santa Rosa Yes 20 Yes 20 62

- 296.320 

## (h) Compliance/enforcement strategies, including how compliance will be determined in practice. Compliance with opacity standards will be determined by EPA Method 9. In summary, application of the general particulate matter control requirements to the sulfur storage and handling fa cilities will provide adequate protection of human health, the environment , and the NAAQS , following the removal from the SIP of the specific particulate matter rules for sulfur storage and handling facilities, Rules 62

- 212.600 and 62.296.411, F.A.C.

## 13

(i) Special economic and technological justifications required by any applicable EPA policies, or an explanation of why such justifications are not necessary. Not applicable. 2.3. Exceptions
N ot applicable.

## 14 Legal Authority Chapter 403 of the Florida Statutes (F.S.) , entitled “Environmental Control,” provides the legal framework for most of the activities of the air resource management program within the Florida Department of Environmental Protection (DEP)

. Except as provided at sections 403.8055 and 403.201, F.S., for fast

- track rulemaking and the granting of variances under Chapter 403, F.S., respectively, Chapter 120, F.S., Florida’s “Administrative Procedure Act,” sets forth the procedures DEP must follow for rulemaking, variances, and public meeti ngs. The most recent version of the Florida Statutes can be found online at http://www.leg.state.fl.us/Statutes

. The principal sections of Chapter 403, F.S., that grant DEP authority to operate its air program are listed below. Authority to develop and update Florida’s State Implementation Plan (SIP) and 111(d) Designated Facilities Plan is expressly provided by subsection 403.061(35), F.S., which provides that “the department shall have the power and th e duty to control and prohibit pollution of air and water in accordance with the law and rules adopted and promulgated by it and, for this purpose, to ... exercise the duties, powers, and responsibilities required of the state under the federal Clean Air Act , 42 U.S.C. ss. 7401 et seq.” 403.031 Definitions , including the definition of “regulated air pollutant” (403.031(19))

. 403.061 Authority to promulgate plans to provide for air quality control and pollution

abatement (403.061(1)); adopt rules for the control of air pollution in the state (403.061(7)) ; take enforcement action against violators of air pollution laws, rules and permits (403.061(8)); establish and administer an air pollution control program (403.061(9)) ; set ambient air quality standards (403.061(11)) ; monitor air quality (403.061(12)) ; require reports from air pollutant emission sources (403.061(13)) ; require permit s for construction, operation, and modification of air pollutant emission sources (403.061(14)) ; and exercise the duties, po wers, and responsibilities required of the state under the federal Clean Air Act (403.061(35))

. 403.087 Authority to issue, deny, modify and revoke permits. 403.0872 Authority to establish an air operating permit program as required by Title V of the

Cle an Air Amendments of 1990. 403.0877 Authority to require engineering certification of permit applications. 403.121 Authority to seek judicial and administrative remedies for violations. 403.131 Authority to seek injunctive relief for violations. 403.14 1 Authority to find civil liability for violations. 403. 1 61 Authority to assess civil and criminal penalties for violations. 403.182 Authority for local pollution control programs. 403. 20 1 Authority to grant variances. 403.716 Authority to require train ing of medical waste incinerator operators. 403.8052 Authority to establish a Small Business Assistance Program for small

- business

sources of air pollutant emissions.

## 15

403.8055 Authority to adopt U.S. Environmental Protection Agency (EPA) standards by

ref erence through a fast

- track process

. 403.814 Authority to a llow use of general permits (permits

- by

- rule) for minor sources

. Other statutory authorities (outside of Chapter 403, F.S.) for Florida’s a ir r esource m anagement program are as follows: 120.569 Authority of agency head to issue an emergency order in response to an immediate

threat to public health, safety, or welfare. 316.2935 Authority to prohibit the sale and operation of motor vehicles whose emission

control systems have been tampered with an d to prohibit the operation of motor vehicles that emit excessive smoke. 320.03 Authority to establish an Air Pollution Control Trust Fund and use $1 fee on every

motor vehicle license registration sold in the state for air pollution control purposes, incl uding support of approved local air pollution control programs. 376.60 Authority to establish a fee for asbestos removal projects. Rules adopted by DEP under its statutory authority are codified in the Florida Administrative Code (F.A.C.). The most recent version s of the F.A.C. rules can be found online at https://www.flrules.org

. Rule chapters containing SIP or 111(d) State Plan provisions are as follows: 62

- 204 Air Pollution Control

– General Provisions 62

- 210 Stationary Sources

– General Requirements 62

- 212 Stationary Sources

– Preconstruction Review 62

- 243 Tampering with Motor Vehicle Air Pollution Control Equipment 62

- 252 Gasoline Vapor Control 62

- 256 Open Burning 62

- 296 Stationary Sources

– Emission Standards 62

- 297 Stationary Sources

– Emissions Monitoring Other air

- related DEP rule chapters

— not part of the SIP or 111(d) State Plan

— include : 62

- 213 Operation Permits for Major Sources of Air Pollution (Title V) 62

- 214 Requirements for Sources Subject to the Federal Acid Rain Program 62

- 257 Asbestos Program

## 16 Materials Proposed to be Removed from the SIP In this section of the submittal, the two rule s proposed for removal from the SIP are arranged by F.A.C. rule chapter and shown as last incorporated into the SIP by EPA

. Rule 62

- 212.600, F.A.C., as amended 3/13/96, has been incorporated into the SIP and is shown here

. Amendments to this rule were adopted effective 8/17/00 and submitted to EPA as part of proposed SIP revision 2000

- 01; however, th is SI P revision has not been acted on and is being withdrawn as part of this submittal. Therefore, th e 8/17/00 amendments are not shown here

. Rule 62

- 296. 411, F.A.C., as amended 1/1/96, has been incorporated into the SIP and is shown here. It has not been am ended since 1/1/96

. Chapter 62
- 212 , Rule 62
- 212.600, F.A.C., Proposed for Removal
62
- 212.600 Sulfur Storage and Handling Facilities. (1) Applicability. The requirements of this rule apply to proposed new or modified sulfur storage and handling facilities. These requirements supplement, but in no case supersede, all other applicable requirements of Rules
62

- 212.300, 62

- 212.400, and 62

- 212.500, F.A.C. (2) Preconstruction Review Requirements. (a) Ambient Air Quality Analysis. The owner or operator of any proposed new or modified sulfur storage and handling facility that is to be located within five kilometers of either a particulate matter air quality maintenance area or a PSD Class I area shall provide the Department with an analysis of the probab le particulate matter ambient air quality impacts that could result from the operation of the facility, in accordance with Rule 62

- 212.600(3), F.A.C. Emission Estimates, and Rule 62

- 204.220(4), F.A.C., Air Quality Models. (b) Sulfur Deposition Analysis

. The owner or operator of any proposed new or modified sulfur storage and handling facility shall provide the Department with an analysis of the probable annual and maximum monthly sulfur deposition rates that could occur as a result of the operation of t he facility. The particle size distribution used in the model shall be determined in accordance with the provisions of Rule 62

- 212.600(3),F.A.C. (c) Postconstruction Monitoring. The owner or operator of any proposed new or modified sulfur storage and
hand ling facility shall conduct postconstruction air quality and deposition monitoring of sulfur particulate emissions from the facility for two years from the date of issuance of the initial air operation permit for the facility, and, through the permitting p rocess, shall determine the period of time, if any, such monitoring must be continued. The data collected shall be provided to the Department as specified in the permit. All ambient air quality monitoring

## 17

shall be done using the appropriate ambient test method(s) referenced in Rule 62

- 204.220(3), F.A.C. Particulate deposition monitoring shall be done in accordance with the provisions of DEP Reference Method for Monitoring Deposition of Sulfur Particulate, hereby adopted and incorporated by reference. (d ) Exemptions. Any sulfur storage and handling facility with a throughput of elemental sulfur in all forms of less than 5,000 tons per year shall be exempt from the provisions of Rule 62

- 212.600(a), (b), and (c), F.A.C. (3) Emission Estimates. (a) Except as otherwise provided in this rule, the particulate matter emission factor equations published by the U. S. Environmental Protection Agency in Section 13.2, Compilation of Air Pollution Emission Factors, AP

- 42, 5th Edition, Volume I, January 1995, hereby ado pted and incorporated by reference, shall be used to estimate the sulfur particulate emissions from solid sulfur storage and handling facilities. The emission factors referenced above shall be used to estimate the emitted sulfur particulate that would be measured by a high volume air sampler as specified in the reference sampling method for total suspended particulate. (b) All emissions estimates generated pursuant to this rule shall be supported by data that explain the basis for selecting the variables i n the emission factor equations (e.g. moisture content, silt content, ambient wind speed, etc.). The emission factor variables shall be selected to represent the probable conditions for each operation under normal operating conditions. The silt content d ata used in the referenced equations (minus 200 mesh U. S. screen) shall be based on or represent data obtained by dry sieving. The dry sieving shall be performed in accordance with methods specified in Rule 62

- 212.600(3)(a), F.A.C., except that sieving s hall not be performed for more than 40 minutes. Drying of the solid sulfur prior to sieving shall be performed at a temperature of 75 +/

- 5 degrees C. Appropriate values shall be selected to estimate both the maximum annual average and maximum daily (24 hour) average emission rates for each emissions unit within the facility. (c) Sulfur Deposition Rate Emission Factors. The emission factors used to calculate the probable elemental sulfur deposition rates resulting from the operation of a sulfur storage o r handling facility shall be estimated using the following procedure:
1. Solid Sulfur Storage and Handling Facility Deposition Emission Factors.

a. Estimate the weight of all particles emitted to the atmosphere. The suspended particulate emission estimate s obtained from the procedures in this rule represent the weight of the 0

- 30 micron particles emitted prior to applying

## 18

any control measures. To estimate the weight of all particles emitted to the atmosphere prior to applying any control measures, multipl y the 0

- 30 micron emission rate by 2.1. b. Determine the specific particle size ranges from 0

- 300 microns that will be used in the deposition calculation. Use a sufficient number of size intervals such that errors in calculated deposition rates resulting from the variation in the settling velocity (in still air) of the particles within each interval are minimized.

c. Using the particle size distribution equation in Rule 62

- 212.600(3)(c)4., F.A.C., and the estimated weight of all particles emitted to the a tmosphere, calculate the weight of particles in each of the size ranges to be used in the deposition calculations.
2. Molten Sulfur Storage and Handling Facility Deposition Emission Factors.

a. Determine the weight of all particles emitted to the atmospher e from an emissions unit at a molten sulfur handling facility and the size distributions of these particles in the 0

- 300 micron size range. b. Determine the specific particle size ranges from 0

- 300 microns that will be used in the deposition
calculations. Use a sufficient number of size intervals such that errors in calculated deposition rates resulting from the variations in the settling velocity (in still air) of the particles within each interval are minimized.

c. Using the particle size distribution e quation in Rule 62

- 212.600(3)(c)4., F.A.C., and the weight of all particles emitted to the atmosphere, calculate the weight of particles in each of the size ranges to be used in the deposition calculations.
3. If particulate control measures would be appli ed to limit the emission of any of the particles in this size range (0

- 300 microns), compute the collection efficiency of the control measures for each particle size range to be used in the deposition calculations using published collection efficiency data or actual test data for a similar facility or operation. Use this information or actual emissions test data to estimate the probable particle size distribution of the sulfur particles emitted to the atmosphere after the application of all control measure s. 4. For calculating the deposition rates, determine the representative weight of the particles emitted to the atmosphere in each interval as specified above and assume that all particles within each selected interval have a particle diameter equal to th e mass mean diameter of the range. The mass mean diameter is given by:

d = [(d 2 3 +d 1 2 d 2 +d 1 d 2 2 +d 1 3 )] 1/3

_________________________

4

## 19

where: d 1 is the lower bound of the particle size interval and d 2 is the upper bound of the particle size interval. The particle size distribution equation is given by:

D = 236.4e - 0.0423W

where: D is the particle size diameter (microns) and W is the weight percent greater than stated size.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History

– Formerly 17

- 2.540, 17

- 212.600, Amended 11

- 23

- 94, 1

- 1

- 96, 3

- 13

- 96.

## 20

Chapter 62
- 296 , Rule 62
- 296.411, F.A.C. , Proposed for Removal
62
- 296.411 Sulfur Storage and Handling Facilities. Except for those facilities exempted in subsection 62

- 296.411(5), F.A.C., or for handling of vatted sulfur as otherwise provided in this subsection, no person shall cause, suffer or allow elemental sulfur to be stored, handled or transported within the sta te in crushed bulk or slate form or in any form other than standard sulfur pellets or in molten form, except that sulfur may be transferred within the boundaries of a single facility in other forms. Facilities using standard sulfur pellets or molten sulfur , or sulfur vatting facilities, may be permitted only in conformance with the following criteria and other applicable Department standards. (1) Molten Sulfur Storage and Handling Facilities

– All molten sulfur facilities shall employ, as a minimum, the
f ollowing practices to minimize the emission of sulfur particulate matter into the atmosphere. Other relevant detailed requirements shall be specified, as necessary, in the permits for the facility. (a) All molten sulfur transfer shall be through enclosed piping systems where feasible and practical. In user facilities, molten sulfur may be transferred by covered trench or a movable spout which is positioned over a receiving pit. Contact surfaces between movable unloading arms and stationary pipes shall sea t effectively around the entire circumference to minimize spillage. (b) All areas surrounding points where molten sulfur pipes are routinely disconnected and areas where molten sulfur is transferred to trucks or railcars shall be paved and curbed within 20 feet of the point of disconnection or transfer to contain any spilled molten sulfur, or shall be provided with noncorrosible drip pans or other secondary containment, positioned to collect spills, that are adequate to contain amounts of sulfur that may escape during routine disconnection, reconnection or operation of the piping system. (c) Emissions of sulfur particulate matter from molten sulfur storage tanks and transfer systems in particulate matter air quality maintenance areas or within five kilom eters of such areas shall not exceed 0.03 pounds per hour per thousand tons of storage capacity. (d) All spilled molten sulfur shall be collected and properly disposed of whenever the containment area is filled
to one

- half its containment capacity, or mo nthly, whichever is more frequent. Spills of molten sulfur outside of a containment area, or where subject to vehicular traffic, shall be collected and disposed of as soon as possible, but no later than 24 hours after the spill occurs. Drip pans or other s econdary containment shall be cleaned as needed to prevent exceedance of capacity, but at least weekly.

## 21

(e) All vent surfaces shall be cleaned monthly to remove captured particles. (f) All owners and operators of molten sulfur storage and handling faci lities shall maintain records of spills outside of containment areas and of collection and disposal of spilled sulfur. Such records shall be retained for a minimum of two years and shall be available for inspection by the Department upon request. (g) In any particulate matter air quality maintenance area, PSD Class I area, or within five kilometers of such an area, visible emissions from any emission point in a molten sulfur facility shall not exceed 10 percent opacity (six minute average). In other areas visible emissions from any emission point in a molten sulfur facility shall not exceed 20 percent opacity (six minute average). (h) Operational procedures approved by the Department shall be established to minimize spills from any movable loading arm or pipe upon disconnection, reconnection or operation. (i) Visible emissions of sulfur particulate matter during ship unloading in a particulate matter air quality maintenance area shall not exceed 15 percent (six minute average). (j) Test Methods and Pr ocedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements. 1. The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62

- 297, F.A.C. 2. The test method fo r particulate emissions shall be EPA Method 5, incorporated and adopted by reference in Chapter 62

- 297, F.A.C. An acetone wash shall be used. A filter box or probe heat shall not be used. Use one point sampling in the center of the temporary stack extensio n erected over and completely covering the center tank vent. This stack extension shall be no more than ten feet in height and provide a minimum six inch clearance from the tank vent and shall be 12 inches in diameter beginning at the top of the tapered se ction. The sampling port shall be a minimum of eight stack diameters downstream from the top of the roof vent and a minimum of two stack diameters upstream from the top of the temporary stack. If the tank is equipped with other vents, determine the total v olume of gas vented from the tank during the sampling period. Multiply the weight of particulate collected by the ratio of the total volume to the actual volume sampled corrected to standard temperature and pressure and compute the test result with the adj usted weight of particulate collected. Determine and report the average wind speed during each test run at a point above and in the vicinity of the tank. 3. Test procedures shall meet all applicable requirements of Chapter 62

- 297, F.A.C.

## 22

(2) Solid Sulf

ur Storage and Handling Facilities

– All solid sulfur storage and handling facilities shall employ as a minimum, the following practices to minimize the emission of sulfur particulate matter into the atmosphere. Other relevant detailed requirements shall b e specified, as necessary, in the permits for the facility including, where appropriate, a minimum rate or amount of moisture to be applied by water spray systems. (a) Marine Vessel Unloading. 1. Solid sulfur unloaded from marine vessels shall only be done by:
a. A self

- unloading vessel of a design approved by the Department; or b. A tight

- lipped clamshell bucket (the clamshell bucket shall be inspected daily by qualified personnel during use to assure a tight seal); or
c. A continuous unloader. 2. Solid sulfur shall not be unloaded by clam shell bucket or any approved equivalent method from marine vessels when the wind speed exceeds 18 mph for any five minute period. 3. A floating boom shall be deployed so as to contain sulfur that may be spil led in the water during the unloading process whenever a clamshell bucket or equivalent unloading method is employed. Any sulfur floating in the contained area shall be reclaimed as soon as possible after unloading, but no later than 24 hours after unloadi ng is completed. 4. The hopper receiving solid sulfur unloaded from marine vessels shall be constructed with wind walls and a top with slots provided to enable entry and exiting of a clamshell bucket. The walls shall be constructed on at least
three side s and the height of the walls shall be a minimum of 1.5 times the height of the clamshell bucket. 5. The clamshell bucket shall be positioned within the wind walls prior to discharging sulfur into the receiving hopper. 6. The clamshell bucket shall be closed completely before being withdrawn from the receiving hopper and returned to the marine vessel. 7. The hopper receiving solid sulfur unloaded from marine vessels shall be equipped with a water spray system located around the periphery of the receiv ing hopper. The water spray system shall contain an effective wetting agent and shall be operated continuously during all unloading or transfer operations. 8. Operational procedures approved by the Department shall be established to minimize sulfur parti culate emissions from marine vessel unloading operations.

## 23

(b) Solid Sulfur Transfer. 1. Sulfur Transferred by Conveyor Belt Systems. a. The conveyor belts shall be of a deep

- V design. b. The maximum incline of any conveyor belt shall not exceed 15 degrees. c. All conveyor

- to

- conveyor and all hopper

- to

- conveyor transfer points shall be enclosed. d. Conveyor transfer systems shall include water spray systems at transfer points. The wa ter spray systems shall spray water containing an effective wetting agent and shall be operated continuously at all times when transfer is occurring. e. Hoppers receiving solid sulfur transferred by conveyor belt systems shall be constructed with wind wa lls enclosing the top and a minimum of three sides of the receiving hopper. f. No vertical drop at any conveyor transfer point shall exceed five feet. 2. Sulfur Transfer by Pay

- loaders or Mechanical Equipment. a. The equipment used to transfer solid sulfur shall not exceed 75 percent bucket capacity. b. Vehicles used to transfer solid sulfur within a solid sulfur handling facility shall operate at speeds not exceeding 15 mph. c. Maximum drop height when transferring solid sulfur by pay

- loader or m echanical equipment shall not exceed five feet. d. Hoppers not within an enclosure that receive solid sulfur transferred by pay

- loaders or mechanical equipment shall be constructed with a wind wall enclosing the top and a minimum of three sides of the re ceiving hopper. e. Only rubber

- tired pay

- loaders and mechanical equipment shall be allowed to be operated in solid sulfur storage areas. f. The transfer of solid sulfur by pay

- loader or mechanical equipment outside of an enclosure shall not be permitted when the wind speed exceeds 18 mph for any five minute period. g. All paved roads within a solid sulfur handling facility shall be wetted daily to reduce total sulfur particulate
emissions. (c) Solid Sulfur Storage. 1. Areas used for the storage of solid sulfur in a particulate matter air quality maintenance area, PSD Class I area, or within five kilometers of such an area, or at any marine terminal facility, shall be entirely housed in a vented

## 24

structure completely enclosed by roof and walls, and sh all be paved with an asphaltic material or Department approved equivalent. The vented emissions shall not exceed 0.03 pounds per hour per thousand tons of storage capacity. 2. Areas used for the storage of solid sulfur in all areas not covered by subpara graph 62

- 296.411(2)(c)1., F.A.C., above, shall be paved with an asphaltic material or Department approved equivalent and shall be surrounded by a berm at least three feet in height, except as necessary to permit vehicle access. 3. The stacker conveyor sh all be equipped with a chute that shall extend to within five feet of the storage pile during times when sulfur is being transferred to storage. The vertical drop height may exceed five feet when the sulfur storage area is enclosed and an overhead shuttle conveyor is utilized to transfer the sulfur to storage. However, in some situations the sulfur pile shall be formed so that whenever possible the material shall be transferred to the side of an already existing pile. 4. Surfaces within the sulfur storage area traveled by pay

- loaders or mechanical equipment used to transfer solid sulfur shall be periodically wetted with an effective wetting agent to minimize unconfined sulfur particulate emissions. 5. Surfaces within the sulfur storage area traveled by p ay - loaders or mechanical equipment transferring solid sulfur shall be cleaned at least daily by spraying with water to prevent excessive accumulation of sulfur particulate. 6. For purposes of fire control, precautionary measures shall include, but shall not necessarily be limited to the following: a. All enclosed sulfur storage areas shall be equipped with water spray systems adequate to provide for rapid fire suppression. b. Mobile and stationary equipment operated in the storage area shall be cleane d daily and maintained to minimize fire potential. c. Electrical motors and other electrical fixtures used in the sulfur storage area shall be explosion proof. d. Smoking within 100 feet of the solid sulfur storage area shall be prohibited. (d) Truck and Railcar Unloading. 1. Bottom Unloading Vehicles. a. The hopper used to receive solid sulfur from trucks or railcars shall be housed within a structure that covers the top and at least two sides of the receiving hopper. The structure shall have wind walls on at least two sides that

## 25

extend from the ground to a height at least 1.5 times the drop distance between the vehicle and the top of the receiving hopper. b. The hopper used to receive solid sulfur from trucks or railcars shall be equip ped with a water spray system that shall deliver water containing an effective wetting agent that will be in operation during all sulfur transfer operations. 2. Rotary Railcar Unloading. a. The hopper used to receive solid sulfur from railcars using ro tary unloading shall be housed within a structure that completely covers the top and at least two sides of the railcar and hopper. b. The structure housing the railcar and hopper shall be vented to an air pollution control device. Emissions from the devi ce shall not exceed 0.03 grains per dscf. c. The structure housing the railcar and hopper shall be equipped with a water spray system that shall be in continuous operation during all solid sulfur unloading operations including: (i) Water sprays installe d at the open sides of the structure that shall provide a water mist spray curtain to minimize the escape of particulate matter from the structure during the unloading process. (ii) A water spray system containing an effective wetting agent that is appli ed directly to the solid sulfur during the unloading process. (e) In any particulate matter air quality maintenance area, PSD Class I area, or within five kilometers of such an area, visible emissions from any emission point in a solid sulfur facility sh all not exceed five percent opacity (six minute average). In other areas visible emissions from any emission point in a solid sulfur facility shall not exceed 10 percent opacity (six minute average). (f) Test Methods and Procedures. All emissions tests p erformed pursuant to the requirements of this rule shall comply with the following requirements. 1. The test method for visible emissions shall be DEP Method 9, incorporated in Chapter 62

- 297, F.A.C. 2. The test method for particulate emissions shall b e EPA Method 5, incorporated and adopted by reference in Chapter 62

- 297, F.A.C. An acetone wash shall be used. A filter box or probe heat shall not be used. 3. Test procedures shall meet all applicable requirements of Chapter 62

- 297, F.A.C. (3) Sulfur Vatting and Sulfur Vat Reclamation Facilities. Sulfur vatting or sulfur vat reclamation facilities shall not be permitted within any particulate matter nonattainment, PSD Class I area, or within five kilometers of such

## 26

areas. All sulfur vatting and vat rec lamation facilities shall employ, as a minimum, the following practices to minimize the emission of sulfur particulate matter into the atmosphere. Other relevant detailed requirements shall be specified, as necessary, in the permits for the facility. (a) The molten sulfur pouring arm shall be positioned within five feet of the surface of the vat to reduce splattering of molten sulfur. (b) The forms used for forming the vat shall have smooth surfaces. (c) The sulfur vat and forms shall be inspected by trained personnel continually during each pour to assure that any leakage is minimized. (d) Sulfur pouring to the vat shall not be permitted when the wind speed exceeds 18 mph for any five minute period. (e) The owner or operator shall establish, and t he equipment operators shall attend, a training program on equipment operating practices for the minimization of unconfined sulfur particulate matter emissions. (f) If a mechanical sulfur vat reclamation procedure is used, the following practices shall b e employed. 1. Only rubber

- tired pay

- loaders and excavating equipment shall be allowed to operate on the surface of the vat. 2. Excavators shall be equipped with a water spray system located near the claw used for reclaiming sulfur. The water spray sys tem shall be equipped with spray nozzles and shall spray water containing an effective wetting agent. Sulfur reclamation from the vat shall only be allowed when the water spray system is in operation. 3. Vat reclamation and reclaimed sulfur transfer shal l not be permitted when the wind speed exceeds 18 mph for any five minute period. 4. Pay

- loaders transferring reclaimed sulfur shall not exceed 75 percent bucket capacity. 5. Vehicles operating in the sulfur reclamation area shall not exceed speeds of 15 mph. 6. Maximum drop height when transferring reclaimed sulfur shall not exceed five feet. 7. The exterior walls of the vat shall be maintained as much as practical to s erve as a wind break during reclamation and melting. 8. A wind screen shall be constructed to enclose the top and three sides of the static melter used to melt the reclaimed sulfur. 9. The static melter shall be located as close as practical to the sul fur reclamation area. The particulate matter emissions from the control device shall not exceed 0.03 grains per dscf.

## 27

10. During vat reclamation, all roads in the reclamation, transfer, storage and remelting areas shall be cleaned weekly by pay

- loaders t o prevent excessive accumulation of reclaimed sulfur. 11. During vat reclamation, all roads in the reclamation, transfer, storage and remelting areas shall be wetted twice daily with water to suppress unconfined sulfur particulate matter emissions.
12. All reclaimed sulfur shall be remelted prior to any expected shut

- down of the static sulfur melter for a period in excess of 10 days. 13. Any spilled sulfur extending more than 30 feet from the base of the vat shall be recovered as expeditiously
as poss ible but no less frequently than daily. 14. Any spills within a 30 foot zone around the base of the vat shall be recovered prior to allowing any vehicle traffic within that zone, but no less frequently than monthly. 15. For purposes of fire control, pr ecautionary measures shall include, but shall not necessarily be limited to the following: a. The vat area shall be inspected for fires during each shift. b. An adequately sized water main shall be installed around the vat with risers equipped with spr inkler heads. In addition, fire hose connections shall be provided on all sides of the vat. c. All mobile and stationary equipment operated on the surface of the vat shall be cleaned weekly and maintained to minimize fire potential.
d. Electrical motor s and other electrical fixtures used in the vat area shall be explosion proof. e. Smoking within 100 feet of the vat shall be prohibited. f. The maximum height of the vat shall be limited to 30 feet to minimize the generation of fires from falling
sulf ur. (g) If sulfur vat reclamation by in

- situ melting is used, the following practices shall be employed. (Reserved). (4) Alternate Emission Control Methods for Sulfur Storage and Handling Facilities. If the owner or operator of any facility subject to the provisions of subsections 62

- 296.411(1) through (3), F.A.C., above, wishes to utilize an alternate method or control technology for sulfur particulate emissions that would result in emissions less than or equal to those achieved by the equivalent metho ds or technologies specified in subsection 62

- 296.411(1) through (3), F.A.C., such owner or operator may request that the Department approve such alternate method or control. The Secretary or the Secretary’s designee shall specify by order each alternate m ethod or control technology approved in

## 28

accordance with this rule or shall issue an order denying such request. The request shall set forth the following
information at a minimum. (a) The specific emissions unit or emission point, and permit number if an y, for which the alternate method or control technology is requested. (b) The basis for the alternate method or control technology including documentation necessary to demonstrate that the proposed alternative will result in emissions less than or equal to those achieved by the method or control technology that is proposed to be replaced. (5) Exempt Emissions Units or Facilities. The following emissions units or facilities designed primarily for receiving, storing or transferring elemental sulfur are ex empt from certain provisions of Rule 62

- 296.411, F.A.C., as specified below. (a) Any sulfur storage and handling facility with a throughput of elemental sulfur in all forms of less than 5,000 tons per year shall be exempt from the provisions of Rule 62

- 2 96.411, F.A.C. (b) Any emissions unit of sulfur particulate that has total sulfur particulate emissions of less than one ton per year shall be exempt from the weight emission limiting standards in Rule 62

- 296.411, F.A.C.
Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History

– Formerly 17

- 2.600(11), 17

- 296.411, Amended 11

- 23

- 94, 1

- 1

- 96.

## 29 Public Participation Response to 40 CFR 51.102 Requirements (a) Except as otherwise provided in paragraph (c) of this section and within the 30 day notification period as required by paragraph (d) of this section, States must provide notice, provide the opportunity to submit written comments and allow the public th e opportunity to request a public hearing. The State must hold a public hearing or provide the public the opportunity to request a public hearing. The notice announcing the 30 day notification period must include the date, place and time of the public hear ing. If the State provides the public the opportunity to request a public hearing and a request is received the State must hold the scheduled hearing or schedule a public hearing (as required by paragraph (d) of this section). The State may cancel the publ ic hearing through a method it identifies if no request for a public hearing is received during the 30 day notification period and the original notice announcing the 30 day notification period clearly states: If no request for a public hearing is received the hearing will be cancelled; identifies the method and time for announcing that the hearing has been cancelled; and provides a contact phone number for the public to call to find out if the hearing has been cancelled
. The opportunity to submit written co mments , request a public hearing, or participate in a public hearing , if requested, on the proposed SIP revision was advertised in the Florida Administrative Weekly (FAW) at least 30 days prior to the scheduled date of the hearing

. Information regarding t he date, place and time of the public hearing was included in the notice along with information on how to request the hearing or ascertain whether the hearing would be cancelled. A copy of the notice is included in this section. No hearing was requested, and none was held. Notice of cancellation of the hearing was provided as set forth in the notice of SIP revision. (b) Separate hearings may be held for plans to implement primary and secondary standards. Not applicable. (c) No hearing will be required f or any change to an increment of progress in an approved individual compliance schedule unless such change is likely to cause the source to be unable to comply with the final compliance date in the schedule. The requirements of §§51.104 and 51.105 will be applicable to such schedules, however. Not applicable. (d) Any hearing required by paragraph (a) of this section will be held only after reasonable notice, which will be considered to include, at least 30 days prior to the date of such hearing(s): (1) Not ice given to the public by prominent advertisement in the area affected announcing the date(s), time(s), and place(s) of such hearing(s); The opportunity to submit comments, request a public hearing, or participate in a public hearing , if requested, on the proposed SIP revision was advertised in the FAW at least 30 days prior to the scheduled date of the hearing (see response (a)).

## 30

(2) Availability of each proposed plan or revision for public inspection in at least one location in each region to whi ch it will apply, and the availability of each compliance schedule for public inspection in at least one location in the region in which the affected source is located; The materials proposed to be removed from the SIP were made available for public inspec tion in the offices of the Division of Air Resource Management (DARM) and on the DARM website. The materials were also made accessible to the public through each of the DEP ’s district offices and in the offices of each DEP

- approved local air pollution con trol program. The memoranda requesting that such information be made available by the district and local offices are included in this section. (3) Notification to the Administrator (through the appropriate Regional Office); The Region 4 office of the EPA was notified at least 30 days in advance of the scheduled hearing date and provided with copies of the material s proposed to be removed from the SIP

. The pre

- hearing submittal letter is included in this section. (4) Notification to each local air pollutio n control agency which will be significantly impacted by such plan, schedule or revision; Notification to affected local programs occurred with transmittal of the memoranda requesting that the material proposed to be removed from the SIP be made available for public inspection (see response (d)(2)). (5) In the case of an interstate region, notification to any other States included, in whole or in part, in the regions which are significantly impacted by such plan or schedule or revision. The states of Alabama, Georgia, and Mississippi were notified of the proposed SIP revision at least 30 days in advance of the scheduled date of the hearing. The notification letters are included in this section. (e) The State must prepare and retain, for inspection by the Administrator upon request, a record of each hearing. The record must contain, as a minimum, a list of witnesses together with the text of each presentation. Not applicable

. (f) The State must submit with the plan, revision, or schedule , a certification that the requirements in paragraph (a) and (d) of this section were met. Such certification will include the date and place of any public hearing(s) held or that no public hearing was requested during the 30 day notification period. Certi fication is provided in the letter of submittal that the opportunity to submit comments, request a public hearing, or participate in a public hearing on the proposed SIP revision was noticed in accordance with the requirements of 40 CFR 51.102. (g) Not app licable.

## 31

Notice of Opportunity to Submit Comments or Participate in Public Hearing

Florida Admi"istrath 'e Weekly

GENE RAL SUBJECT MATTER TO BE CONS ID E RED : Thi s is a technical meetin g t o discuss redu c ti o n s in t ot al nitr oge n and t o tal phospho ru s f r o m wate r q u ality impr oveme nt pr ojec t s rel ated to the Cent r a l Indi an Riv e r Lagoo n Basin Management Act i o n Plan

. The Tota l Maximum Dai ly L oa d for the Ce ntr al Indian Riv e r L agoon adopted i n Marc h 2009 requires r eductions in th e loadings of to t a l n itrogen and t ota l ph os ph o ru s s uffi cie nt to m ee t se ag r ass depth target s. A co py o f th e a genda ma y be o btain e d b y co nta c ti ng: Ms. Mary Paulic , Department o f E n v ir o nmental Pr o t ec ti o n , 2600 Bla ir S tone Road , Wat e r s h e d Assess m en t Section , M S #3565, Tallahas s ee , Flo rid a 32399·2400 or by ca llin g h e r at (850)245 -8560. Pursuant t o the pro v i s i o n s of t h e Ame ri cans with Disabi lit ies Ac t , any per so n requiring spec i al acco mm o d at i o n s to participate i n th i s works h o p / meeting i s asked to advise th e agency at l eas t 48 hou r s before th e w o r ksh o p / meeting b y co ntacti n g: M s. Mary Paulic at (850)245 · 8560. If yo u a r c h ea rin g or s pe ec h i mpaired , please co nt act the age n cy using the Flo rid a Rela y Se r v i ce, 1(8 00)955 ·8 77 1 (T OO ) o r 1 (800)955-8770 (Vo;ee).
The Fl orida Department of Environmental Protection , Office of Coasta l and Aquat i c Managed Areas a nn ou n ces a public mceting to w h ic h a ll person s are invited. DATES AN D TIM ES: Thursda y, No vember 3, 201 1 , 8:30 a. m .

- 5:00 p . m. ; Friday, Novem ber 4, 20 11 , 8:30 a.m. - 1 2:30 p . m . P LACE: Nov a Sout h easte rn University Ocea n ogra phi c Cente r , 8000 No rth Ocean D ri ve, D a ni a 13each , FL 33004 GENE RAL SUBJECT MATr ER TO BE CONSIDERED: The So uthe as t Fl o rida Co ral Reef I nitiative (SE F CR I ) Land Base d So ur ces of Pollution (LBS P ) Tec hni ca l A dvi sory Co mmitt ee w ill hold i t s bi· an nual m eeti n g to update comm itt ee members and the public o n the prog r ess a nd status of project s cur r ent l y be i ng co n d u c ted. Th ey wi ll a l so assess the ex i st in g data , make reco mm e n dations as to what add it io n al infonna t ion is n ecessary / r equi r ed, p r ior iti ze data gaps a nd r ecomme nd mana gement action st rate gies fo r the future. A co p y of the agen d a may be ob tained by co nta c tin g: Kat harine Tzadi k b y e·mai1: Ka tharin e.Tza dik @ d e p. s tate .n. u s. (305) 795- 1 223, m ai l : 1 277 N.E. 79t h St.lJFK Causeway, Miami , FL 33 1 38 ·4 206. Pursuant to the provi s i o n s of the Ame ri cans w ith Disabil it ies Ac t , any per son r equ ir i n g specia l acco m modat i o n s t o participate in th is wo r ks h op/meet i ng i s as k e d t o adv i se th e age n cy a t l east 5 day s befo r e the wo rk s h op/ m ee tin g by contac tin g: Kat harine Tzad i k at ema il : Ka th arine

. Tzadik @ dep.state. n .us. If you a r e hearing o r s pe ec h impair ed, pl ease co nt ac t th e agcncy u s ing thc F lorida Rela y Service, 1 (800)955-877 1 (TO D) 0 ' 1 (800)955-8770 (Vo;ee).
The Division or Air Re so ur ce Management an n o un ces a hearing to w h ich all pe r so n s are i n v it ed. Volume 37, N umber 41, O c t obe r /4, 2011

DATE AND TI ME: No vembe r 1 6,201 1 , 1 0:00 a.m. PLACE : Departm e nt o f Env ir onmen tal Prot ec ti o n , Divi s i o n of Ai r Re so ur c e Management, III South Magno li a Drive, Suite 23 , T allahassee, Fl o ri da GENERAL SUBJECT MATTER TO B E CONS ID ERED: Pur s uant t o 40 CF R 5 1.10 2, the Depa rtm e n t o f E nvir o nm enta l Protection ( D EP) anno un ces t h e opportun i ty f o r th e publ i c to requ est a hearin g or o ff e r com ments o n a proposed r ev i sio n to F lo rida's S tate Implem e ntati on Plan (S IP) und e r the Clea n Ai r Act. Spec ifi cally , DEP pr o po s e s t hat the U.s. E n v ir o nmental Protection Agency (E P A) rem ove from Flor id a's SIP two previous l y·app r ove d Fl o rida Adm ini s trat ive Co d e (F.A.C.) Rule 6 2·2 1 2.600, F .A.C., Sulfu r Sto r age a nd Handlin g Fa c i lities; and Rule 62 · 296 .411 , F .A.C., Sul fur Sto r age a nd Handlin g Facilitie s. U nder thi s p roposal, the two ru l e scctions wo uld be re m oved fr om the S I P but n o t from th e F.A.C. Se parat e act i on wo uld be required to repea l the r u l es fr om the F .A. C

. A publi c hearin g wi ll be h e ld , i f requ ested, a t t h e date , time and p l ace g i ven above

. It i s no t n ecessary that th e h ea rin g be held o r attended in o r de r f o r pers o n s to co mment o n DEP ' s p rop ose d sub mittal to E PA

. Any reque s t for a public h eari n g mu st be sub m i tt e d by letter o r e -mail : Mam i e Brync s, Department of Environme ntal Protectio n , D i v i s i on of Air. Reso u rce Managc m e nt , 2600 Bl ai r Sto ne Road, MS #5500, Ta llah assee, Flo ri da 32399 ·2400, email: Marnie.BryneS@dep. s tate.f1.u s a n d r eceived no l ate r th a n Novembe r 1 4,20 11. A n y co mm e nt s m us t be s ubm i tted by lettcr or e-ma il t o C in dy Phillips at the a b ove a ddr ess o r C ind y. Phillip s@ dep .s tate

. n . u s, with a co p y t o M s. Brynes, and re ceived n o la te r than Nov ember 1 4 , 20 11

. If n o r e qu es t for a publi c h ea ring is received , th e h ea rin g wi ll be ca n celle d , and n o t ice of th e ca n ce ll ation w ill be p os ted a t the fo ll owi n g webs ite: htt p : // share p oi nt.d ep.state. n .uslPub l ic No t ice sl default.asp. P erso n s may also contac t Ms

. Bryne s at (850)717 · 9029 to find o ut if th e hearing has bec n canc ell e d. Th e m a t e ri a l s co mpri sing DEP 's pr o po sed S IP rcvi s ion are access ibl e fr o m th e above website by clicki n g on the Nove mber 1 6 hea rin g l ink

. The mater i a l s may also be inspecte d durin g n o r mal bu s iness h o ur s a t th e: DEP , Di v i s i on of Ai r Re so u rc e Manage m e nt offices, 111 S. M ag n o li a Dr., S u ite 23, Ta llaha ssee, Fl o r i da , o r accessed w i th the aid o f a n y DEP Di st ri c t Ai r Sec ti on o r DEP·approved loca l ai r po ll uti o n control office. A co p y of the agenda ma y be o bt ained b y co n tact in g: Ms. P hillip s by leiter, e- m a il or b y calling: (850)717·9098. Pursuant to the provisions of th e Americans w i th Di sab il i ti es Act, a n y person r e q u irin g special accom m oda ti ons t o participate in th is wor k s h op/ m eeting i s askcd t o advise the agency at le ast 48 h o ur s befor e the works h o p / meeting b y con tactin g: Ms. Brynes at ( 850)717·9029 or e mail : Marnie.Brync S@ dep .s tate

. fl .us. I f yo u a r e hcaring or s p c e ch i mp a ir ed, pl ease co ntact the agency u si n g the Fl o ri da Relay Se", ; ee, 1(800 )955-8771 ( TOO ) 0' 1(800)955

- 8770 (Vo ;oe ).

Scc ti o n VI

. Notices of Meetings, Wo r ks h ops and Pu bl i c Hea rin gs 33 1 9

## 32 Florida Administrative Weekly

For more infonnation , you may contact: Ms. Phill i ps by l etter, e-mail o r by ca llin g: (85 0 )7 17 ·9098.
DEPARTMENT OF IIEALTH The Board of Chiropractic Medicine announces a telephone conference call to which all pe r so n s are in v it ed. DATE AND TIME: Tue s day , October 25, 20 11 , 10 : 00 a.m. PLACE: Meet Me N umber: I (888) 808·6959 , Co nf e r ence Code: 9849329103; Department of Health , 4052 Bald Cypress Way , Tallahas s ee , Florida 32399 ·3257 GENERAL SUBJECT MADER TO BE CONSIDERED, Fo, cases previou s ly heard by the panel. A copy of the agenda may be obta in ed b y co nt acting: Sherra W. Causey, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin # C07 , Tallahassee, Flo rid a 32399 · 3257. Pu r s uant to the pro v ision s of the America n s with Di sabil i ties Act, any person requirin g spec ial**accommodati~ns** to participate in this workshop / m eet in g is asked to adV i se the agency at least 48 hours bcfore the work s hop/meeting by con tacting; Sherra W. Causey. If yo u a r e hearing o r speech impaired , please con t act the agency u s ing the Florida

. Relay Sc",ice, 1 (800)955

- 8771 (TD D) 0< 1(800)95 5-8 770 (VoICe). I f any person decides to appeal any d!! c i s i o n mad e by the Board with respect to any matter conside r ed at thi s meeting or hearing , h e/s he will n eed to ensure that a verbatim**ree~rd** of the proceeding is made , which re co rd include s the te s tim o ny and evide n ce from which the appeal is to be issued.
The Board of Chiropractic Medicine announces a pub l ic meeting to which all per so ns are invited. DATE AND TIME: Friday , Nove mber 4, 20 1 1 , 8:30 a.m. PLACE: Rosen Plaza H ote l , 9700 Internati ona l Drive , Or l ando, Fl o ri da 32819 , (407)996 · 9700 GENERAL SUBJECT MADER TO BE CONSIDERED, General board business. A copy of the agenda may be ob tain ed by con ta c ting : Sher r a W. Ca u sey, Board of C hir op ra c tic Medicine , 4052 Bald Cypress Way, Bin # C07, Tallaha ssee, Florida 32399-3257 or access the web site: www.doh.state.f1.u s/ mqalchir oJ inde x. html. P ur s u ant t o the provision s of th e American s w ith Disabilities Act, any person r equiring spccial**aeeommodati~ns** to participate in this wo rk s h op/meeting is asked t o adVise the agency at least 48 h o u rs before thc works h op / meeting. If**~o u**  arc hearing or speech impa ir ed , p l ease contact the agency u S in g the Fl or ida Relay Service, 1 (800)955 ·8771 (TO D ) o r 1 (800)955-8770 (Voicc). Volume 17, Number 4J, October 14, 20 ll

I f a n y person decides to appeal any deci sio n made by the Board wi th respect to any m atter conside r ed at this meeting or hearing, he/she will n eed to ensure that a verba t im**rec~rd** of the pr oceeding is made , w hi ch record includes t he testimony and evi den ce from w hi ch the appea l is to be i ssued.
The Board of Dentistry announces a telephon e confere n ce ca ll to which all persons are invited

. DATE AND TIME : October 24, 20 11 , 6:00 p.m. PLACE: Confere n ce Call: 1 (888)808-6959 w h e n p r ompted, e nter Conference Code: 2453454 GENERAL SUBJECT MADER TO BE CONSIDERED, To discuss Dental Assisting i ss ue s. A copy of the agenda may be obta ined by contacti n g: Sue Fos t er, Exec uti ve Director, Department of Health, Board of Dentistry, 4052 Bald Cypress Way, BIN #C08, Tallahassee, Flo ri da 32399-3258. If any person decides t o appea l any decision made by the Board with re spect to any matt e r cons id ered at this meeting, h e/she w ill need to ensure that a ve rbatim record of the proceeding is made , w hi c h r ecord includes the t es timony and evide n ce u pon w h ich the appeal is to be made. Tho s e who are hearing impair ed, u s in g TOO equip m e nt can ca ll th e Florida T elephone Re l ay Sys te m at 1(800)955·8771. Persons requiring specia l accommodat i ons due to disability or physical imp a irm ent shou ld co n tact: Sue Foster at (850)2 45-4474

. The Board of Medicin e , f i n a n ce & S tati s ti cs Co mmittee announces a telephone conference ca ll to which all pe r sons are invited. DATE AND TIME; Mo nda y, October 24, 20 1 1 , 3:00 p.m. PLACE : Confe r ence Call: I (888)808-6959, Confe r ence Code: 284344 0330 GENERAL SUBJECT MADER TO BE CONS IDE RED, Gene r a l bu s in ess of th e co mmitt ee. A copy of the agcnda may be obtai n ed by con tact i ng : Wh itn ey Bowen , whi t ney _bowen @ do h .state.f1.us , (850)245 ·4131 , ext. 3517. P ursuant to the provisions of th e Americans with Di sa bilities Act, any person requiring specia l**accommodali~ns** to parti c ipate in thi s workshop / meeting i s asked t o adVise th e agency at l east 10 day s bef o r e the works h op / meeting by contact in g: Whitney Bowen at email: whi tn ey

_ bowen@ doh .sta te.n

. u s or calt: (850)245 ·41 3 1 , ext. 3517. If you are hearing or speech imp a ir ed , please contact the agency us in g the Fl o rida Relay Service , 1 ( 800)955·8771 (TOO) or 1 (800)955 -877 0 (Vo i ce).

3320 Section V I - Notices of Mee t ings , Workshops and Publi c Hearing s

## 33

Requests for Local/District Air Program Offices to Provide Assistance to Public

Memorandum

- Via Electronic E-mail 

## Florida Department of 

# Environmental Protection

TO:



### FROM:

DATE:
SUBJECT: Daniela Banu
Patrick Wong
Steve Pace Jerry Campbell
Jodi Dittcll
James Stormer Broward County Department of Planning 

### & Environmental Protection , Ft. Lauderdale Miami-Dade County Department of Environmental Resource Management , Miami Regulatory & Environmental Service s Departmen t, Jacksonville Hillsborough County Environmental Protection Commission, Tampa Orange County Environmental Protection Department , Orlando Palm Beach County Health Department, West Palm Beach Peter Hessling Pinellas County Department of Environmental Management , Clearwater John Hickey Sarasota County Natural Resources Department ,**Saras~** Chad Stevens ,

## Administrato**)** RehJUlatory 

### & Legislative Reform Program Division of Air Resource Management
October 14 , 20 II
Public Information Package

- Notice of Opportunity to Submit Co mments on Proposed Revision to Florida 's State Implementation Plan

- Removal of Sulfur Storage and Handling Rules
No tice i s hereby given that , pursuant to 40 CFR 51.102, the Department of Environmental Protection is accepting comments and will hold a public hearing on a propo sed revision to Florida's State Implementation Plan (Srp). Attached please find the notice of public hearing and opportunity to submit comments that was published October 14 , 2011 , in the Florida Administrative Weekly. The public and affected states are invited to presen t comments on the proposed SIP revision at the hearing , but may also submit written comments no later than November 14, 2011, by lener or e-mail to Ms. Mamie Brynes, Department of Environmental Protection, Division of Air Resource Management , 2600 Blair Stone Road , Mail Station 5500, Tallahassee, Florida 32399-2400, or Marnie.Brynes@dep.state.f1.us.
The material s c o mpri s ing the proposed SIP revision are posted at http ; ll www.d c p . s tate

. flus / air / rule si regulatorv

. htm

. Please assist any member of the public who may contact you asking to view the se materials.

wI,-w.dep

. .I'tlltejl

. IIS

## 34 Memorandum
- Via Electronic E-mail 

## Florida Department of 

# Environmental Protection

TO:

FROM:

DATE: SUBJECT: Rick Bradburn Northwest District Chris Kirts Northeast District Caroline Shine Central District Pamala Vazques Southwest District Lennon Anderson Southeast District Ajaya Satyal South District
Chad Stevens, Administrato @) Regulatory & Legislative Reform Program Division of Air Resource Management
October 14 , 20 II
Public Infonnation Package

- Notice of Opportunity to Submit Comments on Proposed Revision to Florida's State Implementation Plan

- Removal of Sulfur Storage and Handling Rules

Notice is hereby given that, pursuant to 40 CFR 51.102, the Department of Environmental Protection is accepting comments and will hold a public hearing on a proposed revision to Florida's State Implementation Plan (SIP). Attached please find the notice of public hearing and opportunity to submit comments that was published October 14, 2011 , in the Florida Administrative Weekly. The public and affected states are invited to presen t comments on the proposed SIP revision at the hearing , but may also submit written comments no later than November 14 , 20 II , by lener or e-mail to Ms. Mamie Brynes, Department of Env ironmental Protection, Division of Air Resource Management, 2600 Blair Stone Road , Mail Station 5500, Tallahassee , Florida 32399-2400, or Mamie.Brvnes iW. dep.state

. f1

. us . The material s comprising the proposed SIP revision are posted at hnp: ll www.dep.sta t e.f1. u sl air / ru l e sl regulatorv.ht m . Please assist any member of the public who may contact you asking to view these materials.

www.dep.slalejl.us

## 35 Notifications to Other States

# ~i?t00lQlj I

. i FLOR A

Via Elect ronic E -mail
October 14 ,201 1
Mr. James A. Capp, Chief Air Protection Branch 

# Florida Department of Environmental Protection Division of Air Resource Management

2600 Blair Stone Road, MS. 5500 Tallahassee , Florida 32399·2400

Georgia Department of Natural Resources 4244 International Park way, Suite 1 20 Atlaota, Georgia 30354
Dear Me. Capp:
Re: No tice of Proposed Revision to Florida's State Implementation PJanRemoval of Sulfur Storage and Handlin g Rules Rick Seon Govemor
Jennifer Carroll

I

. t. Governor
I**[cr~chc!** T Vinyard Jr

.**~ccn:lary**

Notice is hereby given that, pursuant to 40 eFR 51.102, the Department of Environmental Protection is accepting comments and will hold a public hearing on a propo sed revision to Florida's State Implementation Plan (S I P). Attached please find the notice of public h earing and opportunity to submit comments that was published October 14 , 2011, in the Florida Administrative Weekly. The public and affected sta te s are in v ited to present comments on the proposed SIP re vis ion at the hearing , but may also s ubmit written comments no lat er than November 14 , 2011, by letter or e - mail to Ms. Mamie Brynes , Department of E nvironmcntal Protection , Division of Air Resource Management , 2600 Blair Stone Road , Mail Station 5500 , Tallahassee , Florida 32399-2400, o r B r v ne s. Mamie @. d e p. s lale .f1.u s . If you have any questions about this proposed SIP revision , please contact me at (850) 717-9089 o r bye-mail at Chad.R.Steven s@ dep .s tate

. f1

. u s . Additional information may be found at http : // www . dep. s tate

. fl

. u sl ai r / rule sl regulawry

. h tm

.



# >- ----

# w~ Chadwic tevens , Administrator Regulatory & Legislative Refonn Program Division of Air Resource Management
Attached: Notice published October 14 , 20 II , in th e Florida Administrative Weekly

www.dl!p

..**~ru/e.fl11S**

## 36 Via Electronic E-mail
October 14 , 2011
Ms. Maya Rao , Chief A ir Division 

# Florida Department of Environmental Protection Division of Air Resource Management

2600 Blair Stone Road, MS. 5500 Tallahassee, Florida 32399 -2400

Miss i ssippi Department of Envi r onmenta l Quality Post Office Box 2261 Jackson, Mississippi 39225 

### Dear Ms. Rao:
Re: Notice of Proposed Revision to Florida 's State Implementation Plan

- Removal of Sulfur Storage and Handling Rules Rick Scon Govcmor
Jennifer Carroll

Lt. Govcmor
Ilcrschcl T. Vinyard Jr. Secretary

Notice is hereby given that, pursuant to 40 eFR 5 1 .102, the Department of Environmental Prot ect ion is accepting comments and will hold a public hearing on a proposed revision to F l orida's State Implementation Plan (SIP). Attached please find the notice of public hearing and opportunity to submit comments that was published October 14,2011 , in the F l orida Administrative Weekly. Ibe public and affected sta te s are invited to present comments on the proposed SIP revision at the hearing , but may also submit written comments no later than November 14 , 2011 , by letter or e -m ail to Ms. Mamie Brynes, Department of Environmental Protection , Division of Air Resource Management , 2600 Bl air Stone Road, Mail Station 5500 , Tallahassee , Florida 32399-2400 , or Br v n es. M a mi e f@ d e p .s t a t e. fl

. u s . If yo u have any questions about this proposed SIP re vis ion , please contact me at (850) 717-9089 o r bye-mail at C h a d

. R

. Sle ve n s(@ d e p .s t a t c. fl

. u s . Additional infonnati on may be found at http : // www.d eo ·s late

. fl

. u sl a i r / rul e s/ r eg ulat o r v. htm

.

Sin 

# a ,

Cha dwick 

### R. vens,

# Adm~**LO** Regulatory & Legislative Rcfonn Program Division of Air Resource Management Attached: Notice published October 14, 2011 , in the Florida Administrative Weekly

\\"\\"\\.,**dcp,.~rull!j1,** liS

## 37 Via Electronic E

- mail
October 14 ,2 011
Mr. Ronald Gore , Chief Air Division 

# Florida Department of Environmental Protection
Divi s ion of Air R es ource Manag e ment

2600 Blair Stone Road , MS. 5500 Tallaha ssee, Florida 32399-2400

Alabama Department of Env ironmental Management P.O. Box 301463 Montgomery , Alabama 36] 30 

### Dear Mr. Gore : Re: N otice of Proposed Revision to Florida's State Implementation Plan

- Removal of Sulfur Storage and Handling Rules Ric"- Scott Governor
Jennifer Carroll

Lt. Governor
llerschel T. Vinyard Jr. Secretary

Notice is her eby given that, pursuant to 40 eFR 51.102, th e Department of Environmental Protection is accepting comments and will hold a public hearing on a proposed revi sio n to Florida's State Implementation Plan (S IP). Attached please find the notice of public hearing and opportu nity to su bmit comments that was published October 14 , 2011 , in the Florida Administrative Weekly. The public and affected sta t es are invited to present comments on the proposed SIP revi sio n at the hearin g, but may also sub mit written comments no later than Nove mb er 14 , 2011, by letter or e -mail to Ms. Mamie Brynes , Department of E nvironmental Protection , Division of Air Resource Management, 2600 Blair Stone Road , Mail Station 5500 , Tallahassee , Florida 32399

- 2400, or Brynes.Marnie @ dep

. stale.fl.us

. If you have any questions about this proposed SIP revision , please contact me at (850) 717-9089 or bye-mail at C had.R. Stevens @ dep.slate.fl.us

. Additional information ma y be found at http : // www .dep .state.fl.us / a ir / rules / regulatory.htm

.

# since**?JJb~**
Chadw ick R. St ev ens, Administrator Regulatory & Legislative Reform Program Division of Air Resource Management
Attached: Not ice published October 14 , 2011 , in the Florida Administrative Weekly**w\l"w.dep.s1a/(:.jl.II.~**

## 38 Public Comments on SIP Notice

DEP Response to Public Comments Ms. Phillips phone d Mr. DeGrove on October 17, 2011 , to let him know that the Department of Environmental Protection (department) was taking the action because the rules are no longer necessary and, yes, the intent was to later repeal these particular air rules from the FAC (Flori da Administrative Code) alo ng with a group of other Department rules.

## 39 P re -Hearing Submittal to EPA
Pr e-Hearing Submittal Letter
Rick Sco tt Gove rn o r 

# Florida Department of Environmental Protection
Div is ion of Air Resource Mana ge ment

2 600 Blair Stone Road , MS. 550 0 Tallahassee, Florida 32399-2400 J en n ifer Carroll Lt. Governor
Her sc hel T. Vinyard Jr.

October 14,2011 

### Mr

. R

. Sco tt D a vi s, C hief Air Planning Branch U

. S

. Environmental Protection Agency (EPA)

- Region 4 61 F ors yth Street SW Atlanta , GA 30303 -8960 Dear Mr. Dav is :
Re : Pre

- Hearin g Submittal: Prop ose d Revi s ion to Florida ' s S tate Implementation Plan

- Re m ova l of Sulfur S t o ra ge and Handlin g Rules Se cretary

No tice i s her e by give n that

. pur suant t o 40 C.F.R 51.102 , the Department ofEnvrronmenta l Pr ot e c tion (DEP) 

### is accepting comment s and 

### will hold a public h earing, 

### if requ es ted, on a propo s ed revi s ion to Fl o rida' s State Implementation Plan ( SIP). Enclosed plea se find th e n o tice of opportunit y t o s ubmit co mment s o r request a public hearin g publi s hed October 14 ,20 11 , i n the Florida Admini s trative Weekly. The pub l ic hearing, if request ed, w ill be held No vember 16

. 20 1 I

. The SfP revi s i on cons i sts o f pr o posed am e ndments to F l ori d a' s rules to repeal sections 62-212.600 and 62-296.411 , F.A.C. The se re gu lati o n s f o r s ulfur sto rage and handli ng fac iliti es are n o longer ne ce s sary . At th e time these regulations were writte n in 1 985, there was co n ce rn that total s u spe nded parti c ul ate matter l eve l s in F l orida would be ne g atively impacted by s ulfu r hand lin g and s t orage t o s u ch an ext ent as to warrant additional facility-specific work practices and monit o rin g. This has turned o ut n o t t o be the case. The parti c ulate matter em i ss i ons f r o m thes e facilities are neglig i b l e. The Ge ner a l Precon s truction Review Requirement s and Preventi o n of Significant Deterioration ( PSD) provi s ion s of se cti o n s 62- 212.300 and 62

- 212.400, F

. A. C., r espectively; and the G e ne ra l Po llu tant Emission L im i tin g Standards of sectio n 62-296.320, F

. A.C

. , can be ap plied instead to ad eq uat e l y co ntrol these negligible particulate emissions. The rul es propo sed fo r repea l and removal fr o m Flori d a ' s SIP are enclosed.
Your review and co mmen ts pri or to the sc heduled hearin g date will be app r eciated. If yo u h a ve any que st i o n s abo ut thi s proposed SlP revision , please co n tact me a t (850) 717 -9089 or bye-mail at C

ha d. R. S t ev en s@ dep .s tate

. fl.u s.

C

h adwick

. tevens, Admini stra t o r Regul atory & Legis l ative Refonn Pr ogram Division of Air Re so ur ce Management Enclosures: No tice publ is hed October 1 4 ,2011 , in the F l o rida Administra tiv e Weekl y Rul es 62-212 .6 00 a nd 62-296.41 1, FA C., pr o p ose d forrepea l

## 40

Materials Enclosed with Pre-Hearing Submittal See “ Notice of Opportunity to Submit Comments or Participate in Public Hearing ” and “Materials Proposed to be Removed from the SIP” sections of this submittal.

## 41

EPA Comments on Pre
- Hearing Submittal

## 42

DEP Response to EPA Comments See the “Technical Support” portion of the “Response to 40 CFR Part 51, Appendix V, Criteria” section of this submittal.