Mr. James 1 Palmer, Jr. Regional tiministrator United StatesEnvironmental

Protection igency 

# - Region 4 61 Forsyth Street, SW Atlanta, Georgia 30303-8909 Florida Department of Environmental Protection Bob Martinez Center 2600 Blair StoneRoad Tallahassee, Florida 32399-2400

December 13,2007 

### Charlie Crist Covernor

Jeff Kottkmp

Lt. Governor

Re: Air Program: Adequacy ofFlorida's 8-hour Ozone State ImplementationPlan (SIP) with Respect to Section 110(a)(l) and (2) of Clean Air Act



### Dear Mr. Palmer:

In accordancewith EPA's October 2,2007, memo, "Guidance on SIP Elements Required Under Sections 11 O(a)(l) and (2) forthe 1997 8-hour Ozone and PM2.5 Natiord Ambient Air Quality Standards," 

### I hereby confirmthat to the best of my knowledge the elements required by sections 110(a)(l)and (2) ofthe Clean Air Act for implementation ofthe 1997 8-hour ozone standard have either been approved into Florida ' s SIP by EPA, or are addressed in recent Florida SIP submissions currently under review by EPA.

With respect to the generally applicable SIP elements under section 110 ofthe Clean Air Act, the state has addressedthese elements in individual SIP revisions over the years, ad we are not aware of any current SIP deficienciesrelated to any of these items. Likewise, we are not aware of any SIP deficienciesreIated to implementation ofthe 8-hour ozone standardthat have not been addressed in previously approved or currently pelding SIP revisions. Relevant actions are summarized below.

On .4pril30, 2004, EPA designated the entire State of Florida as 

### '2ln~lassifiahle/attainrnent~~ for the 8-hour ozone standard. On October 12,2007,EPA approved Florida's SIP for implementation ofthe Clean Air InterstateRule, thereby satismng the April 25,2005, EPA finding with respect 

### to the ozone and PMz.5 "attainment Jnd maintenance" requirements of section 11 O(a)(2)@)(i)(I). On July 6, 2007, we sut~mitted a proposed SIPrevision intended to satisfy the remainder ofthat same finding with respect to the "prevention of significant deterioration (PSD) and visibility protection7'requirements of section 110(a)(2)@)(i)(II). 

### In that SIP submittal, we noted that amendmentsto Florida's PSI) rules had been adopted to makeMr. James I. l ' tlmer, Jr Page 2 December 14, 2007

those rules cc )I1sistent with EPA's November 29,2005, "Final Rule to Implement the 8-Hour Ozom National Ambient Air Quality Standard-Phase 2." Specifically, those rule amendmrlts require that PSD permit applicants and the department treat nitrogen oxides (NOx r its an ozone precursor pollutant in various provisions ofthe PSD rules. We submitted lhose rule amendmentsto EPA as a proposed SIP revision on October 19, 2007.

On A111il30,2004, EPA also promulgated a "phase 1" rule for implementation ofthe 8-hour <zone standard, including requirements at 40 CFR 51.905 related to transition fiow the 1-hour standard to the 8-hour standard. Among the provisions of 40 CFR 5 1.91 is a requirement that states with areas initially designated attainment for the 8-hour dandard and subject to the 1-hour maintenance plan provisions of section 175A
1 lfthe Clean Air Act submit 8-hour maintenance plans in accordance with section I 

### I O(a)(l) ofthe Act. The phase 1 implementation rule was vacated by the U.S. Cou 1 i of Appeals for the District of Columbia on December 22,2006, but on June 8,2007, [hecourt granted an EPA request thatthe rule be vacated "only to the
extent that th court has sustained challenges to it." We are currently evaluatingthe impact ofthc o decisions on Florida's SIP obligations.

In a rut. ent conference call, EPA st& requested that 

### we address the "emergency 1.1~ )wers7' provisions of section 110(a)(2)(G) in this submittal. This section ofthe Clean '\ ~r Act requires that states "provide for authority comparable tothat in section 303 ar I 1 adequate contingency plans to implement such authority." Section 303 ofthe Ac provides the EPA Administratorwith authority to seek injunctive relief in the case oi an imminent and substantial endangermentto public health or welfare" and, where CI 11 action is not practicable, authority to issue emergency orders "as may be necessary I, protect public health or welfare orthe environment." We believe the following stat tes give the state comparable authority:

403.1

. Injunctive relief, remedies.- (1) 'I 

### '' :department may institute a civil action in a court of competentjurisdiction to seek JI ~unctive reliefto enforce compliancewith this chapter or any rule, regulation, perrnlt certification, or order; to enjoin 

### any violation specifiedin s. 403.16l(l); and to seek In lunctiverelief to prevent irreparable injury tothe air, waters, and property, inclucii ig animal, plant, and aquatic life, ofthe state and to protect human health, saf&y, and M ~~hlfare caused or threatened by any violation.

And, i,~r emergency orders:

120.51 a (2)(n) If an agency head findsthat an immediate dangerto the public health, safet! 

### x welfare requires an immediate final order, it shall recite with particularity the facts I tderlying such finding in the final order, which shall be appealable or enjoinable fiom 1 e date rendered.Mr. James I. PJmer, Jr. Page 3 December 14. 2007

Sectioil 1lO(a)(Z)(G) also requires that states provide contingency plans to implementthe emergency powers. On April 15, 1996,Florida submitted a 

### SIP revision consisting of a large number ofrule recodificationsand repeals, among which was the repeal ofFlorida Administratite Code Rule 62-273, "Air Pollution Episodes." This rule was originally adoptedto implementthc requirements of40 CFR Part 5 1, Subpart 

### H; specifically, the contingency plan requirements at 40 CFR 5 1.152. 

### In the SIP submittal, we requested exemption fkom the requirements of40 CFR 5 1.152pursuant to EPA' s authority at 40 CFR 51.1 52(d) to approve such exemption. The basis for the state's requestwas that, while most urbanized areas ofthe
state could be classified as Priority 1 for ozone, all such areas were classified as attainment, and all former 1-hlur ozone nonattainrnent areas had approved air quality maintenance plans. In addition, we pointed out that air pollutant concentrations at significant harm levels had not been recorded in Flddafor many years, if ever. The SIP submittal was approved by EPA June 16, 1999 (64 

### FR 72346).

If you have any questions on this letter or need additional information, please contact me at (850) 4884 114or 

### Larry George ofmy staffat (850) 921-9555. Thank you for your continued support of our effortsto &lly implementthe Clean Air Act in Florida.



# JOG{ ~ahn, Director Division of Air ResourceManagement



### JK'W

cc: Dick \tihutt, Chief, lPir Planning Branch, EPARegion 4