STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 2012-02

REMOVAL OF SULFUR STORAGE AND HANDLING RULES

April 5, 2012
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STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 2012-02

REMOVAL OF SULFUR STORAGE AND HANDLING 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 Program Offices to Provide Assistance to Public... 33

Notifications to Other States.......................................................................................... 35

Public 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 

Florida Department of 

Environmental 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 in 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 requirements 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 Sulfur 

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 about 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

Submittal Number 2012-02

Removal of Sulfur Storage and Handling Rules

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 unnecessarily-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.1The following two 

F.A.C. rule sections are hereby submitted to the U.S. Environmental Protection Agency (EPA) 

for approval to be removed from Florida’s SIP.

Chapter 62-212, F.A.C., “Stationary Sources – Preconstruction Review”

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

Chapter 62-296, F.A.C., “Stationary Sources – Emission Standards”

2. Rule 62-296.411, 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 facilities 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 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. This has turned out not to be the case. The particulate matter 

emissions 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 Emission 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 necessary 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 on 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

SIP Development Process

As previously stated, the proposed SIP revision involves removal of two previously-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 Sources – Preconstruction Review;”

and Rule 62-296.411, “Sulfur Storage and Handling Facilities,” in Chapter 62-296, “Stationary 

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 development 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 the proposed revision to Florida’s SIP. No 

hearing was requested by November 14, 2011, so the hearing was cancelled. Procedural 

questions were received and responded to. The questions 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 

public 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

Rules 62-212.600 and 62-296.411, F.A.C., are proposed to be removed from Florida’s SIP for 

the reasons summarized below. 

Rule 62-212.600 – “Sulfur Storage and Handling Facilities” – Rule is unnecessary; the 

“General Preconstruction Review Requirements” and “Prevention of Significant 

Deterioration (PSD)” provisions 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 62-296.411 – “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 instead 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 Part 51, Appendix V, Criteria

Pursuant to 40 CFR Part 51, Appendix V, the 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 “Letter of Submittal,” 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 adopted 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 different 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 Florida Administrative Code rules may be 

found in the “Legal Authority” section of this submittal.

(d) A copy 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 the 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 manageable 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 62-296.411, F.A.C., “Sulfur Storage and Handling Facilities”

Copies of these 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 (section 120.525, F.S.) requires DEP to provide notice of public meetings, hearings, 

and workshops in the Florida Administrative Weekly (FAW) not less than seven days before the 

event. Through publication in the FAW 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 found 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” sections 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 and hearing requirements is 

provided in the “Letter of Submittal.”

(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 PM10 and PM2.5) is the pollutant affected by the plan. Sulfur 

dioxide (SO2) 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, elemental sulfur is melted, filtered to remove ash, sprayed under pressure into a 

combustion chamber and burned to create SO2. (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, including the EPA attainment/nonattainment designation, are set 

forth in Table 1, below.

Table 1 – Location of Affected Sources

Facility 

ID Facility/Site Name County

PM2.5 Attainment/ 

Nonattainment 

Location 

Designation

PM10 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.

Estimated changes in current actual emissions from affected sources: none. Permits for affected 

sources currently contain work practice standards and opacity limits to regulate PM emissions, 

and will continue to contain work practice standards 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 implemented. 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 for 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 deterioration (PSD) increments, reasonable further progress (RFP), nor visibility. The 

regulations for sulfur storage and handling facilities, Rules 62-212.600 and 62-296.411, F.A.C., 

are no longer necessary. At the time these regulations were written, in 1985, 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. This 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 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, can be applied, instead of the sulfur-specific 

requirements of paragraph 62-212.600(2)(a), F.A.C., to evaluate potential particulate matter 

ambient air quality impacts. The sulfur deposition analysis required by paragraph 62-

212.600(2)(b), F.A.C., is unnecessary because there is no standard to compare the results with to 

demonstrate compliance.

The specific requirements of Rule 62-296.411, F.A.C., are not required because the “General 

Pollutant Emission Limiting Standards” of Rule 62-296.320, F.A.C., and, for some emissions 

units, the PM RACT (Reasonably Available Control Technology) requirements of Rule 62-

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

emissions. The control techniques 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 

particulate (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 BACT (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 emissions 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, assumptions, 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 emission 

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 

(% Opacity)

Visible Emissions Limit Rule Cite

0470002 Hamilton Yes 20 Yes 20 62-296.320

0570005 Hillsborough Yes 10 Yes 10 Air Construction (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; Each 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 facilities 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

Not 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 meetings. 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 the 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 permits for construction, operation, and modification of air pollutant 

emission sources (403.061(14)); and exercise the duties, powers, 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 

Clean 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. 

403.141 Authority to find civil liability for violations. 

403.161 Authority to assess civil and criminal penalties for violations. 

403.182 Authority for local pollution control programs. 

403.201 Authority to grant variances.

403.716 Authority to require training 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 

reference through a fast-track process. 

403.814 Authority to allow use of general permits (permits-by-rule) for minor sources. 

Other statutory authorities (outside of Chapter 403, F.S.) for Florida’s air resource management 

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 and 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, 

including 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 versions 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 rules 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, this SIP revision has not been acted on and is being 

withdrawn as part of this submittal. Therefore, the 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 amended 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 probable 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 the 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 

handling 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 process, 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 adopted 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 in 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 data 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 shall 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 or 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 estimates 

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, multiply 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 atmosphere, 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 atmosphere 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 equation 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 applied 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 measures.

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 the mass mean diameter of the range. The mass mean diameter is given by:

d = [(d2

3+d12d2

+d1d2

2+d13)]1/3

 _________________________

 4
19

where: d1is the lower bound of the particle size interval and d2is 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 state 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 

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) 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 seat 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 kilometers 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 monthly, 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 secondary 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 facilities 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 Procedures. 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 for 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 extension 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 section. 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 volume 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 adjusted 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 Sulfur 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 be 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 spilled 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 unloading 

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 sides 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 receiving 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 particulate 

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 water 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 walls 

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 mechanical 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 receiving 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 shall 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 subparagraph 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 shall 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 pay-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 cleaned 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 equipped 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 rotary 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 device 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 installed 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 applied 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 shall 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 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 for 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. 

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 reclamation 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 the 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 be 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 system 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 shall 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 serve 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 sulfur 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 to 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 possible 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, precautionary 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 sprinkler 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 motors 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 

sulfur. 

(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 methods 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 method 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 any, 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 exempt 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 62-296.411, 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 the 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 hearing. 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 public 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 comments, 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 

the 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 for 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) Notice 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 which 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 

inspection 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 control 

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 materials proposed to be removed from the SIP.

The pre-hearing submittal letter is included in this section.

(4) Notification to each local air pollution 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.

Certification 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 applicable.
31

Notice of Opportunity to Submit Comments or Participate in Public Hearing 

Florida Admi"istrath'e Weekly 

GENERAL SUBJECT MATTER TO BE CONSIDERED: 

This is a technical meeting to discuss reductions in total 

nitrogen and total phosphorus from water quality improvement 

projects related to the Central Indian River Lagoon Basin 

Management Action Plan. The Total Maximum Daily Load for 

the Central Indian River Lagoon adopted in March 2009 

requires reductions in the loadings of total nitrogen and total 

phosphorus sufficient to meet seagrass depth targets. 

A copy of the agenda may be obtained by contacting: Ms. 

Mary Paulic, Department of Environmental Protection, 2600 

Blair Stone Road, Watershed Assessment Section, MS #3565, 

Tallahassee, Florida 32399·2400 or by calling her at 

(850)245-8560. 

Pursuant to the provisions of the Americans with Disabilities 

Act, any person requiring special accommodations to 

participate in th is workshop/meeting is asked to advise the 

agency at least 48 hours before the workshop/meeting by 

contacting: Ms. Mary Paulic at (850)245· 8560. If you arc 

hearing or speech impaired, please contact the agency using the 

Florida Relay Service, 1(800)955·877 1 (TOO) or 

1(800)955-8770 (Vo;ee). 

The Florida Department of Environmental Protection, 

Office of Coastal and Aquatic Managed Areas announces a 

public mceting to which all persons are invited. 

DATES AND TIMES: Thursday, November 3, 201 1, 8:30 a.m. 

- 5:00 p.m.; Friday, November 4, 20 11 , 8:30 a.m. - 12:30 p.m. 

PLACE: Nova Southeastern University Oceanographic Center, 

8000 North Ocean Drive, Dania 13each, FL 33004 

GENERAL SUBJECT MATrER TO BE CONSIDERED: The 

Southeast Florida Coral Reef Initiative (SEFCRI) Land Based 

Sources of Pollution (LBSP) Technical Advisory Committee 

will hold its bi·annual meeti ng to update committee members 

and the public on the progress and status of projects currently 

being conducted. They will also assess the existing data, make 

recommendations as to what add itional infonnation is 

necessary/required, prioritize data gaps and recommend 

management action strategies fo r the future. 

A copy of the agenda may be obtained by contacting: 

Katharine Tzadi k by e·mai1: Katharine.Tzadik@dep.state .n.us. 

(305)795- 1223, mail: 1277 N.E. 79th St.lJFK Causeway, 

Miami, FL 33 138·4206. 

Pursuant to the provisions of the Ame ricans with Disabilities 

Act, any person requiring special accommodations to 

participate in this workshop/meeting is asked to advise the 

agency at least 5 days before the workshop/meeting by 

contacting: Katharine Tzadik at email: Katharine.Tzadik 

@dep.state. n.us. If you are hearing or speech impaired, pl ease 

contact the agcncy using thc Florida Relay Service, 

1(800)955-877 1 (TO D) 0' 1(800)955-8770 (Vo;ee). 

The Division or Air Resource Management announces a 

hearing to which all persons are invited. 

Volume 37, Number 41, October /4, 2011 

DATE AND TIME: November 16,201 1, 10:00 a.m. 

PLACE: Department of Environmental Protection, Division of 

Air Resource Management, III South Magnolia Drive, Suite 

23, Tallahassee, Florida 

GENERAL SUBJECT MATTER TO BE CONSIDERED: 

Pursuant to 40 CFR 5 1.102, the Department of Environmental 

Protection (DEP) announces the opportunity for the public to 

request a hearing or offer comments on a proposed revision to 

Florida's State Implementation Plan (SIP) under the Clean Air 

Act. Specifi cally, DEP proposes that the U.s. Environmental 

Protection Agency (EPA) remove from Florida's SIP two 

previously·approved Fl orida Administrative Code (F.A.C.) 

Rule 62·2 12.600, F.A.C., Sulfur Storage and Handling 

Facilities; and Rule 62· 296.411 , F.A.C., Sulfur Storage and 

Handling Facilities. Under this proposal, the two rule scctions 

would be removed from the SIP but not from the F.A.C. 

Separate action would be required to repeal the rules from the 

F.A.C. 

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

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

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

proposed submittal to EPA. Any request for a public heari ng 

must be submitted by letter or e-mail : Mamie Bryncs, 

Department of Environmental Protection, Division of Air. 

Resource Managcment, 2600 Blair Stone Road, MS #5500, 

Tallahassee, Florida 32399·2400, email: Marnie.BryneS@dep. 

state.f1.us and received no later than November 14,20 11. Any 

comments must be submitted by lettcr or e-mail to Cindy 

Phillips at the above address or Cindy. Phillips@dep.state .n.us, 

with a copy to Ms. Brynes, and received no later than 

November 14, 20 11 . If no request for a public hearing is 

received, the hearing will be cancelled, and notice of the 

cancellation will be posted at the followi ng website: 

http://sharepoint.dep.state. n.uslPublicNoticesldefault.asp. 

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

out if the hearing has becn cancelled. The materials comprising 

DEP's proposed SIP rcvision are accessible from the above 

website by clicki ng on the November 16 hearing link. The 

materials may also be inspected during normal business hours 

at the: DEP, Division of Air Resource Management offices, 111 

S. Magnolia Dr., Suite 23, Tallahassee, Fl orida, or accessed 

with the aid of any DEP Distri ct Air Section or DEP·approved 

local air poll ution control office. 

A copy of the agenda may be obtained by contacting: Ms. 

Phillips by leiter, e-mail or by calling: (850)717·9098. 

Pursuant to the provisions of the Americans with Disabil ities 

Act, any person requiring special accommodations to 

participate in this workshop/meeting is askcd to advise the 

agency at least 48 hours before the workshop/meeting by 

contacting: Ms. Brynes at (850)717·9029 or email : 

Marnie.BryncS@dep.state.fl .us. If you are hcaring or spcech 

impaired, pl ease contact the agency usi ng the Fl orida Relay 

Se",;ee, 1(800)955-8771 (TOO) 0' 1(800)955-8770 (Vo;oe). 

Scction VI . Notices of Meetings, Workshops and Public Hearings 33 19 
32

Florida Administrative Weekly 

For more infonnation, you may contact: Ms. Phillips by letter, 

e-mail or by calling: (850)7 17·9098. 

DEPARTMENT OF IIEALTH 

The Board of Chiropractic Medicine announces a telephone 

conference call to which all persons are invited. 

DATE AND TIME: Tuesday, October 25, 20 11 , 10:00 a.m. 

PLACE: Meet Me Number: I (888)808·6959, Conference 

Code: 9849329103; Department of Health, 4052 Bald Cypress 

Way, Tallahassee, Florida 32399·3257 

GENERAL SUBJECT MADER TO BE CONSIDERED, Fo, 

cases previously heard by the panel. 

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

W. Causey, Board of Chiropractic Medicine, 4052 Bald 

Cypress Way, Bin #C07, Tallahassee, Florida 32399· 3257. 

Pursuant to the provisions of the Americans with Disabilities 

Act, any person requiring special accommodati~ns to 

participate in this workshop/meeting is asked to adVise the 

agency at least 48 hours bcfore the workshop/meeting by 

contacting; Sherra W. Causey. If you are hearing or speech 

impaired, please contact the agency using the Florida. Relay 

Sc",ice, 1(800)955-8771 (TDD) 0< 1(800)955-8770 (VoICe). 

If any person decides to appeal any d!!cision made by the 

Board with respect to any matter considered at this meeting or 

hearing, he/she will need to ensure that a verbatim ree~rd of 

the proceeding is made, which record includes the testimony 

and evidence from which the appeal is to be issued. 

The Board of Chiropractic Medicine announces a public 

meeting to which all persons are invited. 

DATE AND TIME: Friday, November 4, 20 11, 8:30 a.m. 

PLACE: Rosen Plaza Hotel, 9700 International Drive, 

Orlando, Florida 32819, (407)996·9700 

GENERAL SUBJECT MADER TO BE CONSIDERED, 

General board business. 

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

W. Causey, Board of Chiropractic Medicine, 4052 Bald 

Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257 or 

access the web site: www.doh.state.f1.us/mqalchiroJindex.html. 

Pursuant to the provisions of the Americans with Disabilities 

Act, any person requiring spccial aeeommodati~ns to 

participate in this workshop/meeting is asked to adVise the 

agency at least 48 hours before thc workshop/meeting. If ~o u 

arc hearing or speech impaired, please contact the agency uSing 

the Florida Relay Service, 1(800)955·8771 (TOD) or 

1(800)955-8770 (Voicc). 

Volume 17, Number 4J, October 14, 20ll 

If any person decides to appeal any decision made by the 

Board with respect to any matter considered at this meeting or 

hearing, he/she will need to ensure that a verbatim rec~rd of 

the proceeding is made, which record includes the testimony 

and evidence from which the appeal is to be issued. 

The Board of Dentistry announces a telephone conference 

call to which all persons are invited. 

DATE AND TIME: October 24, 20 11 , 6:00 p.m. 

PLACE: Conference Call: 1(888)808-6959 when prompted, 

enter Conference Code: 2453454 

GENERAL SUBJECT MADER TO BE CONSIDERED, To 

discuss Dental Assisting issues. 

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

Foster, Executive Director, Department of Health, Board of 

Dentistry, 4052 Bald Cypress Way, BIN #C08, Tallahassee, 

Flori da 32399-3258. 

If any person decides to appeal any decision made by the 

Board with respect to any matter considered at this meeting, 

he/she will need to ensure that a verbatim record of the 

proceeding is made, whi ch record includes the testimony and 

evidence upon which the appeal is to be made. 

Those who are hearing impaired, using TOO equipment can 

call the Florida Telephone Relay System at 1(800)955·8771. 

Persons requiring special accommodations due to disability or 

physical impairment should contact: Sue Foster at 

(850)245-4474. 

The Board of Medicine, f inance & Statistics Committee 

announces a telephone conference call to which all persons are 

invited. 

DATE AND TIME; Monday, October 24, 20 11, 3:00 p.m. 

PLACE: Conference Call: I (888)808-6959, Conference Code: 

284344 0330 

GENERAL SUBJECT MADER TO BE CONSIDERED, 

General business of the committee. 

A copy of the agcnda may be obtained by contacting: Whitney 

Bowen, whitney _bowen@doh.state.f1.us, (850)245·4131 , ext. 

3517. 

Pursuant to the provisions of the Americans with Disabilities 

Act, any person requiring specia l accommodali~ns to 

parti cipate in this workshop/meeting is asked to adVise the 

agency at least 10 days before the workshop/meeting by 

contacting: Whitney Bowen at email: whitney_bowen@ 

doh.state.n.us or calt: (850)245·41 31, ext. 3517. If you are 

hearing or speech impaired, please contact the agency using the 

Florida Relay Service, 1(800)955·8771 (TOO) or 

1(800)955-8770 (Voice). 

3320 Section VI - Notices of Meetings, Workshops and Publi c Hearings 
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 Services Department, 

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 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 (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 present 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 materials comprising the proposed SIP revision are posted at 

http;llwww.dcp.state.flus/air/rulesiregulatorv.htm. Please assist any member of the public who 

may contact you asking to view these 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 present 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 Environmental 

Protection, Division of Air Resource Management, 2600 Blair Stone Road, Mail Station 5500, 

Tallahassee, Florida 32399-2400, or Mamie.BrvnesiW.dep.state.f1 .us . 

The materials comprising the proposed SIP revision are posted at 

hnp:llwww.dep.state.f1.uslair/ruleslregulatorv.htm. 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 Electronic 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 Parkway, Suite 120 

Atlaota, Georgia 30354 

Dear Me. Capp: 

Re: Notice of Proposed Revision to Florida's State Implementation PJanRemoval of Sulfur Storage and Handling 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 proposed revision to 

Florida's State Implementation Plan (S IP). 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 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-mail to Ms. Mamie Brynes, Department of Environmcntal 

Protection, Division of Air Resource Management, 2600 Blair Stone Road, Mail Station 5500, 

Tallahassee, Florida 32399-2400, or Brvnes.Mamie@.dep.slale.f1.us. 

If you have any questions about this proposed SIP revision, please contact me at (850) 717-9089 

or bye-mail at Chad.R.Stevens@dep.state.f1 .us. Additional information may be found at 

http://www.dep.state.fl .uslair/ruleslregulawry.htm . 

Chadwic >-----tevens

w~ , Administrator 

Regulatory & Legislative Refonn Program 

Division of Air Resource Management 

Attached: Notice published October 14, 20 II , in the Florida Administrative Weekly 

www.dl!p .. ~ru/e.fl11S 
36

Via Electronic E-mail 

October 14, 2011 

Ms. Maya Rao, Chief 

Air Division 

Florida Department of 

Environmental Protection 

Division of Air Resource Management 

2600 Blair Stone Road, MS. 5500 

Tallahassee, Florida 32399-2400 

Mississippi Department of Environmental 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 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. Ibe public and affected states 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-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 Brvnes.Mamief@dep.state.fl .us. 

If you have any questions about this proposed SIP revision, please contact me at (850) 717-9089 

or bye-mail at Chad.R.Slevens(@dep.statc.fl .us. Additional infonnation may be found at 

http://www.deo·slate.fl .uslair/rules/regulatorv.htm . 

Sina, 

Chadwick 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 14,2011 

Mr. Ronald Gore, Chief 

Air Division 

Florida Department of 

Environmental Protection 

Division of Air Resource Management 

2600 Blair Stone Road, MS. 5500 

Tallahassee, Florida 32399-2400 

Alabama Department of Environmental Management 

P.O. Box 301463 

Montgomery, Alabama 36] 30 

Dear Mr. Gore: 

Re: Notice 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 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 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 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-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 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 Chad.R.Stevens@dep.slate.fl.us. Additional information may be found at 

http://www.dep.state.fl.us/air/rules/regulatory.htm. 

since?JJb~ 

Chadwick R. Stevens, Administrator 

Regulatory & Legislative Reform Program 

Division of Air Resource Management 

Attached: Notice 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 phoned 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 (Florida 

Administrative Code) along with a group of other Department rules. 
39

Pre-Hearing Submittal to EPA 

Pre-Hearing Submittal Letter 

Rick Scott Florida Department of Governor 

Environmental Protection 

Division of Air Resource Management 

2600 Blair Stone Road, MS. 5500 

Tallahassee, Florida 32399-2400 

Jennifer Carroll 

Lt. Governor 

Herschel T. Vinyard Jr. 

October 14,2011 

Mr. R. Scott Davis, Chief 

Air Planning Branch 

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

61 Forsyth Street SW 

Atlanta, GA 30303-8960 

Dear Mr. Davis: 

Re: Pre-Hearing Submittal: Proposed Revision to Florida's State Implementation Plan -

Removal of Sulfur Storage and Handling Rules 

Secretary 

Notice is hereby given that. pursuant to 40 C.F.R 51.102, the Department ofEnvrronmental Protection 

(DEP) is accepting comments and will hold a public hearing, if requested, on a proposed revision to 

Florida's State Implementation Plan (SIP). Enclosed please find the notice of opportunity to submit 

comments or request a public hearing published October 14,2011 , in the Florida Administrative Weekly. 

The public hearing, if requested, will be held November 16. 201 I. 

The SfP revision consists of proposed amendments to Florida's rules to repeal sections 62-212.600 and 

62-296.411 , F.A.C. These regulations for sulfur storage and handling facilities are no longer necessary. 

At the time these regulations were written in 1985, there was concern that total suspended particulate 

matter levels in Florida would be negatively impacted by sulfur handling and storage 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 emissions from these facilities are negligible. The General Preconstruction 

Review Requirements and Prevention of Significant Deterioration (PSD) provisions of sections 62-

212.300 and 62-212.400, F.A.C., respectively; and the General Pollutant Emission Limiting Standards of 

section 62-296.320, F.A.C., can be applied instead to adequately control these negligible particulate 

emissions. The rules proposed for repeal and removal from Florida's SIP are enclosed. 

Your review and comments prior to the scheduled hearing date will be appreciated. If you have any 

questions about this proposed SlP revision, please contact me at (850) 717-9089 or bye-mail at 

Chad.R. S tevens@dep.state.fl.us. 

Chadwick . tevens, Administrator 

Regulatory & Legislative Refonn Program 

Division of Air Resource Management 

Enclosures: Notice published October 14,2011 , in the Florida Administrative Weekly 

Rules 62-212.600 and 62-296.41 1, FAC., proposed forrepeal 
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.