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FLORIDA DEPARTMENT OF 

ENVIRONMENTAL PROTECTION 

BOB MARTINEZ CENTER 

2600 BLAIRSTONE ROAD 

TALLAHASSEE, FLORIDA 32399-2400 

By US. Mail and e-mail transmittal to Benjamin.Lynorae@epa.gov 

May 28,2014 

Lynorae Benjamin, Chief, Regulatory Development Section 

Air Planning Branch 

Air, Pesticides & Toxics Management Division 

U. S. Environmental Protection Agency, Region 4 

61 Forsyth Street, SW 

Atlanta, GA 30303-8960 

RICK SCOTT 

GOVERNOR 

CARLOS LOPEZ-CANTERA 

LT. GOVERNOR 

HERSCHEL T. VINYARD JR. 

SECRETARY 

Re: Supplemental information for pending ISIPs - FL-116, FL-124, and FL-128 

Dear Ms. Benjamin: 

In recent discussions with members of the EPA Region 4 Air Planning Branch staff (EPA), the 

Florida Department of Environmental Protection (DEP) was asked to provide supplemental 

information in support of three pending Infrastructure State Implementation Plans (ISIPs) (FL116, FL-124, and FL-128). DEP hopes that the attached materials and information will facilitate 

a quick and efficient review and approval of these pending IS IPs. 

In the interest of addressing all of EPA's requests in a clear and organized fashion, we have 

prepared the following list of EPA's requests and DEP's responses: 

EPA Request 1: EPA requests that Florida supplement its 11 O(a)(1) and (2) Infrastructure SIP 

submittals for the 2008 Lead NAAQS, the 2010 N02 NAAQS, and the 2010 S02 NAAQS with 

a CD I or website links containing the text of any non-SIP rules and/or Florida Statutes 

referenced and relied upon in the ISIP. 

DEP Response 1: DEP has consolidated the following Florida Statutes (Fla. Stat.) and non-SIP 

rule chapters of the Florida Administrative Code (F.A.C.) referenced and relied upon in Florida's 

ISIPs for the 2008 Lead NAAQS, the 2010 N02 NAAQS, and the 2010 S02 NAAQS: 

Florida Statutes: Sections 112.3143, 112.3144, 120.569,320.03,403.031, 

403.061, 403.087, 403.121, 403.131, 403.182, and 403.8055, Fla. Stat. 

Florida Rules: 62-204,62-210, 62-296, and 62-297, F.A.C. 

DEP hereby requests that Florida's ISIP submittals for the 2008 Lead NAAQS, the 2010 N02 

NAAQS, and the 2010 S02 NAAQS be amended to incorporate these Florida statutes and rules. 

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Florida- Supplemental information for pending IS IPs - FL-116, FL-124, and FL-128 

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May 28,2014 

DEP has uploaded the full texts of these Florida statutes and rules into a File Transfer Protocol 

(FTP) website accessible at the following web address: 

http:/ /publicfiles.dep.state. fl. us/DARM/Public/EP A %20IS IP%20Supplemental %2 

Oinformation%2020 14/ 

DEP has also prepared a companion CD-ROM containing these same files, which is attached to 

this letter. 

EPA Request 2: With specific regard to Florida's Minor Source Program, EPA requests that 

Florida provide regulatory citations for where 110(a)(2)(C) programs are incorporated into the 

Florida Administrative Code (F.A.C.). 

DEP Response 2: DEP has consolidated the following regulatory citations reflecting where 

110(a)(2)(C) programs are incorporated into the F.A.C.).rule chapters ofthe F.A.C.: 

Chapter 62-204, F.A.C. - Rules 62-204.340; 62-204.500 

Chapter 62-210, F.A.C. - Rules 62-210.200, 62-210.300; 62-210.310; 62-

210.350; 62-210.360; 62-210.370; 62-210.550; 62-210.650; 62-210.700; 62-

210.900; 

Chapter 62-212, F.A.C. - Rules 62-212.300; 62-212.400; 62-212.500; 62-212.720 

Chapter 62-243, F.A.C. - Rules 62-243.300; 62-243.500; 62-243.700 

Chapter 62-252, F.A.C. - Rules 62-252.300; 62-252.500; 62-252.900 

Chapter 62-256, F.A.C. - Rules 62-256.200; 62-256.300; 62-256.700 

Chapter 62-296, F .A. C. -Rules 62-296.1 00; 62-296.320; 62-296.340; 62-

296.401; 62-296.402; 62-296.403; 62-296.404; 62-296.405; 62-296.406; 62-

296.408; 62-296.409; 62-296.410; 62-296.412; 62-296.414; 62-296.415; 62-

296.418; 62-296.470; 62-296.500; 62-296.501; 62-296.502; 62-296.503; 62-

296.504; 62-296.505; 62-296.506; 62-296.507; 62-296.508; 62-296.51 0; 62-

296.511; 62-296.512; 62-296.513; 62-296.514; 62-296.515; 62-296.516; 62-

296.570; 62-296.600; 62-296.601; 62-296.602; 62-296.603; 62-296.604; 62-

296.605; 62-296.700; 62-296.701; 62-296.702; 62-296.703; 62-296.704; 62-

296.705; 62-296.706; 62-296.707; 62-296.708; 62-296.709; 62-296.710; 62-

296.711; 62-296.712 

Chapter 62-297, F.A.C.- Rules 62-297.310; 62-297.400; 62-297.401; 62-

297.440; 62-297.450; 62-297.620 

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Florida - Supplemental information for pending ISIPs - FL-116, FL-124, and FL-128 

Page 3 of5 

May 28,2014 

EPA Request 3: With regard to Florida's Greenhouse Gas SIP submitted to EPA in 2013 and 

pending approval, EPA requests that Florida provide a clarifying statement to supplement its 

110(a)(1) and (2) Infrastructure SIP submittals for the 2008 Lead NAAQS, the 2010 N02 

NAAQS, and the 2010 S02 NAAQS. 

DEP Response 3: DEP requests that the ISIP submittals for the 2008 Lead NAAQS, the 2010 

N02 NAAQS, and the 2010 S02 NAAQS be amended to include the following statement: 

"Florida's Greenhouse Gas State Implementation Plan (GHG SIP) was submitted 

to EPA Region 4 on December 19,2013. EPA's approval of Florida's GHG SIP 

was noticed in the Federal Register on May 19, 2014 (79 FR 28607). Florida's 

GHG SIP incorporates into Florida's existing, federally-approved New Source 

Review permitting program required elements relating to the review and 

permitting of GHG emissions and allows the Florida Department of 

Environmental Protection to issue Prevention of Significant Deterioration permits 

for GHGs." 

EPA Request 4: With regard to the requirements ofCAA section 110(a)(2)(D), EPA requests 

that Florida provide a supplemental statement for its N02 and S02 !SIPs regarding the Clean Air 

Interstate Rule (CAIR), al,ong with any related provisions in Chapter 62-296, F.A.C., which may 

provide for implementation of CAIR. EPA requests that Florida state that it is withdrawing any 

"reliance on CAIR" provisions in the N02 and S02 ISIPs. 

DEP Response 4: DEP withdraws any statement or provision in the N02 or S02 ISIP that 

expressly or impliedly represents that Florida is relying on CAIR in order to meet the state's 

infrastructure requirements under CAA section 11 0( a)(2)(D). DEP further requests that the 

110(a)(2)(D) component of Florida's ISIP submittals for the 2010 N02 NAAQS, and the 2010 

S02 NAAQS be amended to include the following statement: 

"On August 29, 2013, EPA finalized its full approval of Florida's Regional Haze 

State Implementation Plan for addressing visibility-impairing pollutants under 

Florida's SIP (78 FR 53250). To ensure that Florida will not interfere with 

visibility protection in other states, Florida's Regional Haze SIP replaces reliance 

on the Clean Air Interstate Rule (CAIR) to satisfy the best available retrofit 

technology (BART) and reasonable progress requirements for the state's affected 

EGUs with case-by-case BART and reasonable progress control analyses. Florida 

does not rely upon any CAIR provision referenced within Chapter 62-296, F.A.C., 

in order to meet the state's infrastructure requirements under CAA section 

110(a)(2)(D)." 

EPA Request 5: With regard to the requirements ofCAA section 110(a)(2)(L), EPA requests 

that DEP provide supplemental information on the structure of Florida's Air Pollution Control 

Trust Fund. 

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Florida - Supplemental information for pending I SIPs - FL-116, FL-124, and FL-128 

Page 4 of5 

May28, 2014 

DEP Response 5: The Air Pollution Control Trust Fund (APCTF) is the depository for all funds 

for the operation of the Division of Air Resource Management. Within the APCTF is the 

specific subaccount that contains all Title V fees. 

Each of EPA's specific questions, as detailed in an e-mail from Nacosta Ward to Preston 

McLane entitled "Follow up on 110(a)(2)(L)," dated April1, 2014, and DEP's responses to these 

questions are presented below: 

EPA Question 1: Does all of the funding for review ofPSD and NNSR permits 

come from permit specific fees charged to the permit applicant? If no, please 

identify other funding sources (i.e. tax, grant, legislative appropriations operating 

permit fees or other sources) that cover review, implementation and enforcement 

ofPSD and NNSR permits. This will include citing all relevant regulations (state, 

statute or SIP-approved) that legally require these type of funding sources. 

Specific fee amounts are not required for documentation. 

DEP Answer to Question 1: No, not all of the funding for review ofPSD and 

NNSR permits comes from permit specific fees charged to the permit applicants. 

A portion of the funding comes from license plate (tag) fees collected pursuant to 

Subsection 320.03(6), Fla. Stat. 

EPA Question 2: In addition to the state regulations identified in DEP's 

infrastructure submissions, are there other SIP-approved or statutory provisions 

that legally require PSD and NNSR permit applicants to pay a specific fee to 

cover review, implementation and enforcement of permit applications? If yes, 

please cite these regulations for 110(a)(2)(L). Explicitly state that the fees being 

charged to PSD and NNSR permit applicants reflect the reasonable cost of 

review, approval, implementation and enforcement ofPSD and NNSR permits 

and are sufficient to operate the state's permitting program. 

DEP Answer to Question 2: No, there are no additional provisions that legally 

require PSD and NNSR permit applicants to pay a specific fee to cover review, 

implementation and enforcement of permit applications other than the state 

regulations identified in FDEP' s infrastructure submissions. The fees charged to 

PSD and NNSR permit applicants reflect the reasonable costs of review, approval, 

implementation and enforcement ofPSD and NNSR permits and are sufficient to 

operate Florida's permitting program. In addition, DEP's Air Program receives a 

set amount ($1.00 per license plate) in fees through its tag fee program. 

EPA Question 3: Please include the regulatory citation for the state's Title V 

program. Additionally, include a statement that the Title V program fees cover 

the reasonable cost of implementation and enforcement of PSD and NNSR 

permits after they have been issued. 

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Florida- Supplemental information for pending ISIPs - FL-116, FL-124, and FL-128 

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May 28,2014 

DEP Answer to Question 3: Section 403.0872, Fla. Stat., and Chapter 62-213, 

F.A.C., implement Florida's Title V program. The Title V program fees cover the 

reasonable cost of implementation and enforcement ofPSD and NNSR permits 

for Title V facilities after the permits have been issued. 

Thank you for your continued support of our efforts to fully implement the Clean Air Act in 

Florida. If you have any questions regarding the information presented in this letter or the 

attached materials, please feel free to contact me by phone at (850) 717-9089 or by e-mail at 

Preston.McLane@dep.state.fl.us. 

Sine 

Preston ane, nvi ntal Administrator 

Office of Business Planmng 

DEP Division of Air Resource Management 

Attachments 

cc: Nacosta Ward, EPA Region 4 

Ward.N acosta@ epa. gov 

PM/ em 

Richard Wong, EPA Region 4 

Wong.Richard@epa. gov 

11 '11'11 •. dep. sta u:jl.us