## STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVIS ION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 20 1 5

- 05 GASOLINE VAPOR CONTR OL RULES May 1, 2015- Page intentionally left blank.

-STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 20 1 5

- 05 GASOLINE VAPOR CONTR OL RULES

TABLE OF CONTENTS

SUBJECT PAGE
Letter of Submittal

................................ ................................ ................................ ........................ 1 Executive Summary

................................ ................................ ................................ ...................... 3
Introduction

................................ ................................ ................................ ....................... 3 Rule Adoption Pr ocess ................................ ................................ ................................ ...... 5 SIP Development Process

................................ ................................ ................................ . 5 Response to 40 CFR Part 51, Appendix V, Criteria

................................ ................................ .. 7 Legal Authority

................................ ................................ ................................ ........................... 11 Materials Proposed to be Removed from the SIP

................................ ................................ .... 13

• Rule 62

- 252.100, F.A.C., “Purpose and Scope”

................................ ...................... 13

• Rule 62

- 252.200, F.A.C., “Definitions”

................................ ................................ ... 14

• Rule 62

- 252.400, F.A.C., “Gasoline Dispensing Facilities

– Stage II Vapor Recovery”

................................ ................................ ................................ ................... 16

• Rule 62

- 252.500, F.A.C., “Gasoline Tanker Trucks or Trailers”

......................... 21

• Rule 62

- 252.800, F.A.C., “Penalties”

................................ ................................ ....... 22

• Rule 62

- 252.900, F.A.C., “Form”

................................ ................................ ............ 22 Materials Proposed to be Incorporated into the SIP

................................ ............................... 24

• Rule 62

- 252.300, F.A.C., "Gasoline Dispensing Facilities

- Stage I Vapor Recovery" (as amended)

................................ ................................ ........................... 24 Public Participation

................................ ................................ ................................ .................... 26 Response to 40 CFR 51.102 Requirements

................................ ................................ ... 26 Notice of Opportunity to Submit Comments and Participate in Public Hearing

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

... 29 Notifications to Other States

................................ ................................ .......................... 33 Public Comments on SIP Notice

................................ ................................ .................... 34 DEP Response to Public Comments

................................ ................................ .............. 35
Pre

- Hearing Submittal to EPA

................................ ................................ ................................ .. 36
Pre

- Hearing Submittal Letter

................................ ................................ ........................ 36
iEPA Comments on Pre

- Hearing Submittal

................................ ................................ .. 37 DEP Response to EPA Comments

................................ ................................ ................. 38
State Administrative Materials

– Chapter 62

- 252. F.A.C.

................................ ...................... 39
Public Notice

– Florida Administrative Register Vol. 39, Number 138, July 17, 2013

– Revision to Rule 62

- 252.300, F.A.C.

...................... 39 Public Notice

– Florida Administrative Register Vol. 37, Number 47, November 23, 2011

– Repeal of Rules 62

- 252.100, 62

- 252.200, a nd 62

- 252.400, F.A.C.

................................ ................................ ................................ ..... 41 Public Notice

– Florida Administrative Register Vol. 37, Number 47, November 10, 2011

– Repeal of Rules 62

- 252.500 and 62

- 252.900, F.A.C.

................................ ................................ .............................. 43 Certification Package

– Repeal of Rules 62

- 252.100, 62

- 252.200, and 62

- 252.400, F.A.C.

................................ ................................ .............................. 45 Certification Package

– Repeal of Rules 62

- 252.500 and 62

- 252.900, F.A.C.

................................ ................................ ............................. 55

iiLetter of Submittal

12Executive Summary
Proposed Revision to State Implementation Plan

S ubmittal Number 20 1 5

- 05 Gasoline Vapor Control Rules

Introduction
The Department of Environmental Protection (DEP) is proposing a revision to Florida ’ s State Implementation Plan (SIP) under the Clean Air Act (CAA). On September 16, 2008, the U.S. Environmental Protection Agency ( EPA ) approved a revision to Florida’s SIP for the phasing out of Stage II Vapor Recovery requirements by December 31, 2009 (73 FR 53378) (Florida SIP No. 2007

- 02

– “Gasoline Vapor Recovery”). Proposed SIP Revision 2015

- 05 completes the phasing out of Stage II Vapor Recovery Requirements through the removal of Rules 62

- 252.100, 62

- 252.200, 62

- 252.400, 62

- 252.500, 62

- 252.800, and 62

- 252.90 0, Florida Administrative Code ( F.A.C. ) , from Florida’s SIP , and the revision of Rule 62

- 252.300 ( “Gasoline Dispensing Facili ties

– Stage I Vapor Recovery” )

. 1 The rule sections that DEP is requesting be removed from the SIP or amended within the SIP are contained in one rule chapter, Chapter 62

- 252, F.A.C., “Gasoline Vapor Control.” DEP has determined that the following F.A.C. r ule sections are unnecessary, obsolete, or have been superseded by federal regulations
, and hereby proposes that these rule sections be removed from Florida’s SIP:
1. Rule 62

- 252.100, F.A.C., “Purpose and Scope”
2. Rule 62

- 252.200, F.A.C., “Definitions”
3. Rule 62

- 252.400, F.A.C., “Gasoline Dispensing Facilities

– Stage II Vapor Recovery”
4. Rule 62

- 2 52

. 500 , F.A.C., “Gasoline Tanker Trucks or Trailers”
5. Rule 62

- 252.800, F.A.C., “Penalties”
6. Rule 62

- 252.900, F.A.C., “Form”

Rule 62

- 252.100, F.A.C., “Purpose and Scope,” co ntains superfluous, introductory language for the associated rule chapter. This introductory language serves no regulatory purpose and can be removed without effect.

Rule 62

- 252.200, F.A.C., “Definitions,” contains definitions that are rendered unnecessar y and duplicative as they exist in federal regulations (40 CFR 63.11132) that apply to gasoline dispensing facilities (GDFs).

1 In the Florida Administrative Code, “62

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

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

- 252, F.A.C.,” and “Rule 62

- 252.100, F.A.C.,” respectively. The effective dates of rules and rule amendments 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

- established effe ctive dates.
3Rule 62

- 252.400, F.A.C., “Gasoline Dispensing Facilities

– Stage II Vapor Recovery,” contains requirements for Stage II vapor recovery systems which apply to gasoline dispensing facilities in Broward, Miami

- Dade, and Palm Beach counties. This F.A.C. rule section is obsolete because the rule expressly phased itself out by December 31, 2009.

Rule 62

- 252.500, F.A.C., “Gasoline Tanker Trucks or Trailers,” contains gasoline vapor control requirements applying to gasoline tanker trucks or trailers. The requirements in this F.A.C. rule section are duplicated and superseded by 40 CFR 63.11092(f), a federal regulation which requires annual pressure and vacuum tests on gasoline cargo tanks pursuant to EPA Test Method 27.

Rule 62

- 252.800, F.A.C., “Penalties,” contains language describing the penalty for a violation of any applicable provision of Chap ter 62

- 252, F.A.C. The rule language is duplicative of language in Section 403.061, Florida Statues
, and therefore is unnecessary and serves no regulatory purpose.

Rule 62

- 252.900, F.A.C., “Form,” contains the form adopted under Rule 62

- 252.500, F.A.C., f or reporting the state annual pressure and vacuum testing requirements for gasoline cargo tanks. This form is unnecessary as a result of the removal of Rule 62

- 252.500, F.A.C.

Removal of these six rule sections from Florida’s SIP will reduce the size and complexity of Florida’s SIP with no adverse effect on air quality, a s evidenced by the CAA Section 110(l) Noninterference Demonstration that accompanied Florida SIP No. 2007

- 02 (“Gasoline Vapor Recovery”), which the EPA approved as a revision to Florida’s SIP on September 16, 2008 (73 FR 53378)

. DEP further requests that the following F.A.C. rule section, as amended, be approved and incorporated into Florida’s SIP.

1. Rule 62

- 252.300, F.A.C., “Gasoline Dispensing Facilities

– Stage I Vapor Recovery”

The a mendment to 62

- 252.300, F.A.C., includes the removal of obsolete and duplicative language and corollary reorganization of the rule section, as follows:

• The applicability provision in paragraph 62

- 252.300(1)(b), F.A.C., references Rule 62

- 252.400, F.A.C., “ Gasoline Dispensing Facilities

– Stage II Vapor Recovery. ” As described above, 62

- 2 52.400, F.A.C., expressly phased itself out by December 31, 2009, making this rule section obsolete. P aragraph 62

- 252.300(1)(b), F.A.C.,

was amended to strike this obsolete rule reference.

• The remainder of the existing applicability language in subsection 62

- 252.300(1), F.A.C., was renumbered and continues to administer the statewide requirement for the installation and maintenance of Stage I Vapor Recovery systems at all g asoline dispensing facilities in Florida.

• The co mpliance schedules in paragraphs 62

- 252.300(4)(a) and (c), F.A.C., duplicate the prohibition and control technology requirements in subsections 62

-

4252.300 (2) and (3), F.A.C. S ubsection 62

- 252.300(4), F.A.C., was amended to strike the duplicative language.

• The compliance schedule in paragraph 62

- 252.300(4)(b), F.A.C., references the outdated Stage II applicability provision in paragraph 62

- 25 2.300(1)(b), F.A.C. S ubsection 62

- 25 2.300(4), F.A.C., was amended to strike the outdated compliance schedule in paragraph 62

- 252.300(4)(b), F.A.C.

• The compliance schedules in paragraphs 62

- 252.300(4)(d) and (e), F.A.C., were put in place to phase in the requirements to install Stage I Vapor Recovery systems at gasoline d ispensing facilities statewide. The compliance schedules in these paragraphs have since passed, making these s chedules obsolete. S ubsection 62

- 252.300(4), F.A.C., was amended to remove the outdated compliance schedules in par agraphs 62

- 252.300(4)(d) and (e), F.A.C.

The “Materials Proposed to be Incorporated into the SIP” section of this SIP submittal contains the amendment to Rule 62

- 252.300, F.A.C., shown in strike

- through / underline format for ease of review.
Rule Adoption Process
As previously stated, the proposed SIP revision involves an amendment to one F.A.C. rule section, Chapter 62

- 252.300, F.A.C. (DEP project #OGC 12

- 0868). On March 31, 2013, DEP initiated the state rulemaking process by publishing a not ice of rule development in the Florida Administrative Register (FAR). On July 17, 2013, DEP published a notice of proposed rule in the FAR, providing proposed rule language and announcing that a rule adoption hearing would be held, if requested. ( See “ State Administrative Materials ” section of th is SIP submittal for the FAR notice dated July 17, 2013.) No hearing was requested and therefore none was held. The rules were filed for adoption with the Florida Secretary o f State on September 4, 2013, and beca me e ffective on September 24, 2013.

This revision also involves the removal from Florida’s SIP of rules 62

- 252.100 (“Purpose and Scope”

– repealed, effective 2/16/12)
, 62

- 252.200 (Definitions”

– repealed, effective 2/16/12), 62

- 252.400 (Gasoline Dispensing F acilities

– Stage II Vapor Recovery”

– repealed, effective 2/16/12)
, 62

- 252.500 (“Gasoline Tanker Trucks or Trailers”

– repealed, effective 2/16/12)
, 62

- 252.800 (“Penalties”

– repealed, effective 12/31/95)
, and 62

- 252.900 (“Form”

– repealed, effective 2/16 /12) , F.A.C., all of which have been repealed. ( See “State Administrative Materials” section of this SIP submittal for the FAR n otice s dated No vember 10 , 2011 and November 23, 2011 .)

S IP Development Process
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. P ursuant to this statutory authority, DEP has developed this proposed SIP revision.

5In accordance with 40 CFR 51.102, DEP published a notice in the FAR on Apri l 17, 2 014, announcing an opportunity for the public to submit comments and request a public hearing to be held on May 21, 2014, if requested, regarding th is proposed revision to Florida’s SIP. No public comments were submitted in response to the notice of proposed SIP revision, a nd no SIP hearing was requested. Consistent with the FAR not ice, the hearing was cancelled.

In accordance with the 30

- day notice requirement of 40 CFR 51.102, a pre

- hearing submittal providing details of this proposed SIP revision was transmitted to the U.S. Environmental Protection Agency ( EPA ) on April 17, 2 014 , and DEP also transmitted a copy of the public notice to neighboring states and Florida’s local air pollution control programs. EPA did not submit comments in response to the notice of proposed SIP revision.

6Response to 40 CFR P art 51, A ppendix V, C riteria
Pursuant to 40 CFR Part 51, Appendix V, t he following materials shall be included in SIP submissions for review and approval 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 “Lett er of Submittal,” signed by the Director of the Division of Air Resource Management, Florida DEP , on behalf of the Governor of the State of Florida, is located at the fron t 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 i ssuance as well as the effective date of the plan, if different from the adoption/issuance date. This proposed revision to Florida’s SIP consists of the following Florida Administrative Code (F.A.C.) rule section, as adopted or amended, effective upon the date shown:
1. Rule 62

- 252.300, F.A.C., “Gasoline Dispensing Facilities

– Stage I Vapor Recovery” (as amended, effective 9/24/13) A copy of this rule section showing the amendment may be found in the “Materials Proposed to be Incorporated into the SIP” sectio n of this submittal. Certified copies of each set of rule amendments, as filed with the Florida Secretary of State for adoption into the F.A.C., may be found in the “State Administrative Materials” section of this submittal. In addition to requesting that the above rule amendment be incorporated into the SIP, DEP is requesting the removal of the following rules from Florida’s SIP : 1. 62

- 252.100 (“Purpose and Scope”

– repealed, effective 2/16/12) ; 2. 62

- 252.200 (Definitions”

– repealed, effective 2/16/12), 62

- 252.400 (Gasoline Dispensing Facilities

– Stage II Vapor Recovery”

– repealed, effective 2/16/12) ; 3. Rule 62

- 252.400 (“Gasoline Dispensing Facilities

– Stage II Vapor Recovery”

– repealed, effective 2/16/12);
4. 62

- 252.500 (“Gasoline Tanker Trucks or Trailers”

– repealed, effective 2/16/12) ; 5. 62

- 252.800 (“Penalties”

– repealed, effective 12/31/95) ; and
6. 62

- 252.900 (“Form”

– repealed, effective 2/16/12)

. Copies of these rule sections as currently incorporated into the SIP may be found in the “Materials Pr oposed to be Removed from the SIP” section of this submittal.
(c) Evidence that the State has the necessary legal authority under State law to adopt and implement the plan.

7DEP has the necessary legal authority to adopt and implement this proposed revisio n to Florida’s SIP. References to the pertinent Florida Statutes and F.A.C. 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 c opy 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 e ach distinct document) unless otherwise agreed to by the State and Regional Office. Notices of all rules and rule amendments, and Certification Packages as filed with the Florida Secretary of State for adoption into the F.A.C., may be found in the “State A dministrative Materials” section of this submittal.
(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, Fl orida Statutes) requires DEP to provide notice of public meetings, hearings, and workshops in the Florida Administrative Register ( FAR ) not less than seven days before the event. Through publication in the FAR 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 accorda nce 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 heari ng requirements is provided in the “Letter of Submittal.”

8(h) Compilation of public comments and the State ’ s response thereto. Written comments received d uring 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. This proposed SIP revision addresses emissions of VOC f rom gasoline dispensing facilities and gasoline tanker trucks and trailers.
(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 affec ted areas(s). This proposed SIP revision applies to gasoline dispensing facilities and gasoline tanker trucks and trailers statewide. All areas in the state of Florida are currently designated attainment/unclassifiable for the 2008 ozone NAAQS.
(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 c alculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision. No changes in allowable or actual emissions from affected sources will result from this proposed SIP revision.
(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 requ ests 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 y ears as required by section 175A of the Act. Section 110(l) of the CAA prohibits EPA from approving any proposed SIP revision that would interfere with the attainment and maintenance of the national ambient air quality standards (NAAQS) in effect at the ti me of the revision or with any other applicable requirement under the CAA. The F.A.C. rule sections proposed to be removed or amended as a part of this SIP revision are unnecessary, obsolete, or have been superseded by federal regulations. The removal of R ule 62

- 252.400 F.A.C., is supported by the fact that, on September 16, 2008, EPA approved a revision to Florida’s SIP for the phasing out of Stage II Vapor Recovery requirements by December 31, 2009 (73 FR 53378). The removal of Rule 62

- 252.500 F.A.C., eli minates requirements that are duplicated and superseded by 40 CFR 63.11092(f), which requires annual pressure and vacuum tests on gasoline cargo tanks pursuant to EPA Test Method 27. Removal of these six rule sections

9from Florida’s SIP will reduce the siz e and complexity of Florida’s SIP with no adverse effect on air quality, as evidenced by the Clean Air Act Section 110(l) Noninterference Demonstration that accompanied Florida SIP No. 2007

- 02 , which the EPA approved as a revision to Florida’s SIP on Sep te mber 16, 2008 (73 FR 53378)

. ( See pages 13

- 17 of Florida SIP No. 2007

- 02, dated May 31, 2007.) No changes in allowable or actual emissions will result from this proposed SIP revision. T his proposed SIP revision will not interfere with Florida’s ability to attain and maintain any of the current NAAQS.
(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, j ustification 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. No emission reduction requirements or changes in allowable or actual emissions a re affected by this proposed SIP revision

. As such, no modeling has been performed to support this proposed SIP revision.
(f) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. No emission reduction technologies or allowable emission rates are established by this proposed SIP revision

. As such, this criterion is inapplicable to this proposed SIP revision.
(g) Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. The removal of Rule 62

- 252.500 F.A.C., eliminates requirements that are duplicated and superseded by 40 CFR 63.11092(f), which requires annual pressure and vacuum tests on ga soline cargo tanks pursuant to EPA Test Method 27.
(h) Compliance/enforcement strategies, including how compliance will be determined in practice. Compliance with the annual pressure and vacuum tests required for gasoline tanker trucks or trailers wi ll be determined in accordance with methods prescribed by 40 CFR 63.11092(f). DEP will conduct compliance and enforcement activities in accordance with the terms of EPA’s delegation of NSPS/NESHAP implementation authority to the state.
(i) Special economi c and technological justifications required by any applicable EPA policies, or an explanation of why such justifications are not necessary. EPA policies do not require any special economic or technical justifications for this proposed SIP revision

. 

### 2.3. E xceptions No exceptions apply to this proposed SIP revision.

10Legal 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 pro gram withi n the 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 4 03, 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 pro vides 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 r equired 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 pla ns 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 a nd 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 Autho rity 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.
403.8052 Authority to establish a Small Business Assistance Program for small

business sources of air pollutant emissions.

11403.8055 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, outsi de of Chapter 403, F.S., that apply to Florida ’ s air program are as follows:
112.3143 Requirement that public officials disclose potential conflicts of interest.
112.3144 Requirement for disclosure of financial interests by public officials. 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 Air Pollution Control Tr ust Fund and use $1 fee on every motor vehicle licens e registration sold in the state for air pollution control purpose s, including support of local air pollution control programs.
376.60 Authority to establish a fee for asbestos removal projects.

Current and historical versions of F.A.C. rule sections and chapters back to January 1, 2006, may be accessed from the Florida Department of State (DOS) website https://www.flrules.org . The DOS website also provide s access to materials adopted by reference since January 1, 2011. DEP rule chapters contai ning 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

– P reconstruction Review
62

- 243 Tampering with Motor Vehicle Air Pollution Control Equipment
62

- 252 G asoline Vapor Control
62

- 256 Open Burning
62

- 296 Stationary Sources

– Emission Standards
62

- 297 Stationary Sources

– Emissions Monitoring

Othe r 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 Source s Subject to the Federal Acid Rain Program
62

- 257 Asbestos Program

12Materials Proposed to be Removed from the SIP
In this section of the submittal, the six rule sections proposed for removal from the SIP are arranged by F.A.C. rule section and shown as last incorporated into the SIP by EPA. For ease of reference, t he rule section s proposed for deletion from the SIP are shown in “coded” format where strike

through denotes that the complete text of each rule is proposed for deletion

.
* * *

• Rule 62

- 252.100, F.A.C., “Purpose and Scope”

62

- 252.100 Purpose and Scope. (1) The Department of Environmental Protection adopts this chapter to establish and administer a prog ram to ensure the installation and proper use of gasoline vapor recovery equipment for fuel transport, transfer, and dispensing operations. The intent of this program is to reduce the release of potentially harmful hydrocarbon vapors into the atmosphere. T he preventable release of gasoline vapors accounts for a large part of the inventory of volatile organic compounds released into the atmosphere each year by the petroleum marketing industry. These vapors contain known and suspected human carcinogens and pl ay a major role in the formation of ground

- level ozone, an air pollutant for which state and federal ambient air quality standards have been
established. (2) This chapter addresses Stage I vapor control, Stage II vapor control, and gasoline
tanker

- truck t esting, all designed to reduce the emissions of volatile organic compounds into the atmosphere. (a) Stage I vapor control is applicable to gasoline dispensing facilities. It provides that no one shall transfer gasoline from a tanker truck into the storage tanks of a nonexempt dispensing facility unless the tanker and the storage tanks are equipped for submerged filling, and the vapors displaced during transfer are collected by a vapor recovery system. (b) Stage II vapor control is also applicable to gasoline dispensing facilities. It provides that no one shall dispense gasoline from the gasoline pumps of a nonexempt facility unless the pumps and storage tanks are equipped so that the vapors displaced during transfer are collected by a vapor

recovery s ystem. (c) Gasoline tanker

- truck testing provides for the pressure testing of tanker trucks to protect against the release of gasoline vapors to the atmosphere due to leaks.

13(3) This chapter provides a gasoline vapor control program designed to significa ntly reduce emissions of volatile organic compounds and toxic air pollutants from the transport, transfer, and dispensing of gasoline in Florida.
Specific Authority 403.061, FS. Law Implemented 403.021, 403.031, 403.061, 403.087, FS. History

-- New 2

- 2

- 93, Formerly 17

- 252.100.

* * *

• Rule 62

- 252.200, F.A.C., “Definitions”

62

- 252.200 Definitions. The following words and phrases when used in this chapter shall, unle ss the context clearly indicates otherwise, have the following meanings: (1) “Department”

– The State of Florida Department of Environmental Protection. (2) “Gasoline”

– Any petroleum distillate or petroleum distillate/alcohol blend having a Reid

vapor pre ssure of 4 pounds per square inch (27.6 kilopascals) or greater. (3) “Gasoline Cargo Tank”

– A delivery tanker truck, trailer, or railcar that is loading or unloading gasoline. (4) “Gasoline Dispensing Facility”

– Any stationary facility that dispenses gas oline directly
into the fuel tank of a motor vehicle. (5) “Independent Small Business Marketer of Gasoline”

– A person or entity engaged in the marketing of gasoline who would be required to pay for the procurement and installation of vapor recovery equipm ent; i.e., the owner of the tanks and other dispensing equipment at a gasoline dispensing facility. A person or entity is not an independent small business marketer of gasoline if such person or entity: (a) Is a refiner; (b) Controls, is controlled by, or is under common control with a refiner; (c) Is otherwise directly or indirectly affiliated with a refiner or with a person or entity who controls, is controlled by, or is under common control with a refiner (unless the sole affiliation is by means of a sup ply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person or entity); or (d) Receives less than 50 percent of its annual income from refining or marke ting of gasoline. (6) “Refiner”

– A person or entity engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through the

14redistillation, cracking, or reforming of unfinished petroleum derivatives, and whose total refinery capacity is 65,000 barrels per day or greater. In determining the total refinery capacity, the capacity of any persons or entities who control, are controlled by, or are under common control with the refiner will be included with the capacity of such refiner. (7) “Reid Vapor Pressure”

– The absolute vapor pressure of volatile crude oil and volatile non

viscous petroleum liquids except liquefied petroleum gases as determined by American Society
for Testing and Materials (ASTM) method D323

- 89. (8) “Significant Defect”

– Any defect in a vapor recovery system that may reduce the ability of the system to capture 95 percent by weight of the gasoline vapors that are generated during motor vehicle refueling

. (9) “Significant Modification”

– Any modification of underground or aboveground gasoline storage tanks and their appurtenances that shall give the owner or operator a reasonable opportunity to install a Stage II vapor recovery system. Such modifications shall include, but not be limited to: replacement of underground pipes; replacement, repair or reconditioning of any gasoline storage tank facility; addition of any gasoline storage tanks to an existing storage tank facility; or installation of any Stage I I vapor recovery piping. (10) “Stage I Vapor Recovery System”

– A system that captures and transfers gasoline vapors, which are generated by the transfer of gasoline from a gasoline cargo tank to a gasoline dispensing facility’s stationary storage tanks, i nto a vapor

- tight gasoline cargo tank through direct displacement caused by the gasoline being loaded. (11) “Stage II Vapor Recovery System”

– A system that captures and transfers gasoline vapors, which are generated during motor vehicle refueling, into a gasoline dispensing facility’s stationary storage tanks. (12) “Submerged Filling”

– The filling of a gasoline cargo tank or a stationary storage tank through an internal fill pipe whose discharge is no more than six (6) inches from the bottom of the
tank. Bottom filling of gasoline cargo tanks or stationary storage tanks is included in this definition. (13) “Vapor Recovery System”

– A system that collects and conserves vapors that would otherwise be released to the atmosphere.
Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History

– Formerly 17

- 2.100, Amended 2

- 2

- 93, Formerly 17

- 252.200, Amended 5

- 9

- 07. * * *

15• Rule 62

- 252.400, F.A.C., “Gasoline Dispensing Facilities

– Stage II Vapor Recovery”

62

- 252.400 Gasoline Dispensing Facilities

- Stage II Vapor Recovery. (1) Applicability. (a) The control technology requirements set forth in this rule section shall apply to all gasoline dispensing facilities located in Broward, Miami

- Dade and Palm Beach counties that have dispensed 10,000 gallons (37,850 liters) or more of gasoline in any one month during or after 1991, unless the owner of any such facility demonstrates to the Department that it is an independent small business marketer of gasoline and has dispensed less than 50,000 gallons (189,250 liters) of gasoline in every month during and after 1991, or unless the facility is exempt from the control technology requirements of this rule pursuant to paragraph 62

- 252.400(1)(b), (c) or (d), F.A.C. (b) Gasoline dispensing facilities at which the storage tanks or integral piping are upgraded or replaced to meet the secondary containment requirements of Rule 62

- 761.510, F.A.C., and are returned to oper ation on or after May 15, 2007, shall not be required to install, operate, test or maintain Stage II vapor recovery systems after such upgrade or replacement. (c) Gasoline dispensing facilities that have not been required to install Stage II vapor recovery systems through a variance issued by the Department prior to May 15, 2007, shall not be required to install, operate, test or maintain Stage II vapor recovery systems. (d) Gasoline dispensing facilities that begin operation on or after May 15, 2007, shall not be required to install, operate, test, or maintain Stage II vapor recovery systems. (2) Prohibition. (a) No owner or operator of a gasoline dispensing facility subject to the provisions of this section shall transfer, allow the transfer, or provide e quipment for the transfer of gasoline to a vehicular fuel tank unless the facility is equipped with a Stage II vapor recovery system that complies with the control technology requirements of subsection 62

- 252.400(3), F.A.C., and the system is used as desig ned. (b) Any gasoline dispensing facility that was required to have a Stage II vapor recovery system pursuant to this rule prior to May 15, 2007, shall operate and maintain the system through December 31, 2009, except as provided at paragraph 62

- 252.400(1) (b), F.A.C. (c) Any gasoline dispensing facility that ceases to operate and maintain its Stage II vapor recovery system pursuant to the rule shall decommission the system in such a manner as to seal and eliminate all areas of possible liquid and vapor leak age.

16(3) Control Technology Requirements. (a) The Stage II vapor recovery system shall be 95 percent efficient in the recovery by weight of vapors displaced from a vehicular fuel tank during refueling. (b) All tank gauging and sampling sites shall be made vapor

- tight so as to prevent emissions except when gauging or sampling takes place. All pressure and vacuum test ports shall be above grade but not more than thirty

- six inches above grade. All overfill drains shall be made vapor

tight. No remote vapor chec k valves shall be used on balance

- type systems. (c) No Stage II vapor recovery system shall be installed unless the system: 1. Meets the manufacturer’s plans and specifications; and 2. Is listed as certified by the State of California Air Resources Board i n the document “Gasoline Marketing and Distribution Appendix D Phase II,” hereby adopted and incorporated by
reference. (d) Operating instructions shall be conspicuously posted in the gasoline dispensing area for the system in use at the facility. The instructions shall clearly describe how to fuel vehicles correctly with vapor recovery nozzles. The operating instructions shall include a warning that repeated attempts to continue dispensing, after the system has indicated that the vehicle fuel tank is f ull, may result in spillage or recirculation of gasoline. If a toll

- free telephone number is provided by the Department or its agents for consumers to report problems or voice complaints, such number shall also be conspicuously posted. (4) Compliance Schedules. (a) Any gasoline dispensing facility which commenced construction after November 15, 1990, but before November 15, 1992, and which dispenses or has dispensed 10,000 gallons or more in any one month during or after 1991, must install a Stage II v apor recovery system by June 30, 1993, or within six months following the first month in which the 10,000 gallon

- per

- month threshold is exceeded, whichever is later. (b) Any gasoline dispensing facility which was in operation or under construction on
Novem ber 15, 1990, and which dispenses or has dispensed 100,000 gallons or more in any one month during or after 1991, must install a Stage II vapor recovery system by December 31, 1993, or within one year following the first month in which the 100,000 gallon

- p er

- month threshold,
whichever is later. (c) Any gasoline dispensing facility which was in operation or under construction on

17November 15, 1990, and which dispenses or has dispensed 10,000 gallons or more in any one month during or after 1991, but not as mu ch as 100,000 gallons, must install a Stage II vapor recovery system by November 15, 1994, or within two years following the first month in which the 10,000 gallon

- per

- month threshold is exceeded, whichever is later. (d) Any gasoline dispensing facility th at commences construction or undertakes a significant modification after November 15, 1992, must install a Stage II vapor recovery system prior to dispensing 10,000 gallons or more in any one month, except as otherwise provided as subsection
62

- 252.400(1), F.A.C. (5) Testing. (a) Once any newly installed Stage II vapor recovery system is in operational condition and ready for use, testing to verify the proper installation and function of the entire system (both infrastructure plumbing and aboveground equipm ent) shall be conducted. Tests shall be conducted in accordance with the following test procedures as found in Appendix J of the EPA document,
“Technical Guidance

– Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Disp ensing Facilities,” Vol. II (EPA

- 450/3

- 91

- 022b), November 1991, hereby adopted and incorporated by reference: 1. Bay Area Source Test Procedure ST

- 30, Leak Test Procedure, or San Diego Test Procedure
TP

- 91

- 1, Pressure Decay/Leak Test Procedure; 2. Bay Area Source Test Procedure ST

- 27, Dynamic Back Pressure, or San Diego Test
Procedure TP

- 91

- 2, Pressure Drop vs. Flow/Liquid Blockage Test Procedure; and 3. Bay Area Source Test Procedure ST

- 37, Liquid Removal Devices. (b) Testing may be conducted by the Depart ment or its agents or by an installation or testing company. In the case where a party other than the Department or its agents will be conducting the initially required testing, the owner or operator of the gasoline dispensing facility shall notify the Dep artment or its agents at least seven days in advance as to when the testing will occur and what party will conduct the testing. The Department or its agents shall have the right to conduct the testing if it desires to do so. (c) Recertification of the func tion of the Stage II vapor recovery system shall be performed at least every five years or upon system replacement or major system modification, whichever occurs first. The recertification shall include all functional tests that were required for the initi al system certification. A major system modification is considered to be replacing, repairing, or upgrading

1875 percent or more of a facility’s Stage II vapor recovery system. (6) Recordkeeping. All records required to be kept pursuant to this rule shall, u nless otherwise specified in the text of this rule, be maintained for two years and be available for inspection by the Department or its agents upon request at the gasoline dispensing facility. If records are not kept at the facility, they shall be made av ailable at the facility or other location acceptable to the Department upon seven days’ notice. Records of the following are required: (a) Gasoline quantities delivered to the facility. (b) Gasoline quantities dispensed. (c) Log of maintenance inspections of Stage II system components. (d) Invoices or work orders of any repairs performed on Stage II system components. (e) Results of any tests of the Stage II system and its components. (f) Any permits issued by the Department or its agents for the operation of the gasoline dispensing facility and its Stage II system. (7) System Maintenance. (a) All Stage II vapor recovery systems shall be maintained in proper working order in accordance with the manufacturer’s specifications to ensure the integrity and effici ency of the systems. If the vapor recovery system or a component of the system contains a significant defect, the system or component shall be taken out of service. No person shall use or permit the use of that system or component until it has been repaire d, replaced or adjusted. Minor defects, which do not significantly reduce the effectiveness of the system below 95 percent vapor recovery, such as very small holes, cracks, or gashes, must be repaired within seven days. (b) Equipment defects that could sig nificantly impair the effectiveness of the system and require that the system be taken out of service are: 1. The absence or disconnection of any component which is required to be used in the system
as certified. 2. A vapor hose which is crimped or flatten ed such that the vapor passage is blocked or the pressure drop through the vapor hose exceeds the allowed pressure drop in the system as certified. 3. A nozzle boot or coaxial hose which is torn in one or more of the following manners: a. Triangular

- shaped or similar tear 1/2

- inch or more to a side, or a hole 1/2

- inch or more in diameter; or b. Slit, 1

- inch or more in length.

194. A faceplate or flexible cone which is damaged in the following manner: a. For balance nozzles and for nozzles of aspirator or educator assist

- type systems, damage such that the capability to achieve a seal with a fill

- pipe interface is affected for 1/4 of the circumference of the faceplate (accumulated); or
b. For nozzles of those vacuum assist

- type systems which use a flexible c one, damage such that more than 1/4 of the flexible cone is missing. 5. A nozzle shutoff mechanism which malfunctions in any manner. 6. Vapor return lines, including such components as swivels, swing

- joints, and underground or aboveground piping, which mal function or which are blocked or restricted such that pressure drops through the lines exceed the requirements of the system as certified. 7. A vapor processing unit which is inoperative. 8. A vacuum producing device which is inoperative.
9. Pressure/vacuu m relief valves, vapor check valves, or Stage I dry breaks which are inoperative. 10. Any equipment defect which is identified in the CARB Executive Order(s) applicable to the system as substantially impairing the effectiveness of the system in reducing ai r contaminants. 11. Any other defect which could impair the effectiveness of the system to recover 95 percent by weight of the gasoline vapors displaced. (c) All systems affected by the above defects are to be considered defective and shall be tagged
“Out of Order.” Except during repair activity, the “Out of Order” tag shall not be removed, and the tagged equipment shall not be used, permitted to be used, or provided for use until it has been repaired, replaced, or adjusted as necessary. (d) All replacement parts and parts used to retrofit existing dispensers for Stage II vapor recovery shall be original equipment manufacturer parts or aftermarket parts listed as described in paragraph 62

- 252.400(3)(c)2, F.A.C. (e) All facilities subject to this rule shall p rovide the Department or its agents access to any and all components as necessary to determine compliance with the provisions of this rule. (8) Training. (a) The owner or operator of a gasoline dispensing facility subject to this rule shall ensure that

at least one representative of the facility is knowledgeable about the operation and maintenance of the Stage II vapor recovery system in use at the facility.

20(b) Information on the following subject areas shall be maintained by the owner or operator and, upo n sale or transfer of the facility, be transferred to the new owner or operator: 1. Equipment operation and function specific to the facility’s Stage II vapor recovery system; 2. Maintenance schedules and requirements for the facility’s equipment; and
3. Equipment manufacturer contacts (names, addresses, and telephone numbers) for parts and
service.
Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History

– New 2

- 2

- 93, Formerly 17

- 252.400, Amended 11

- 23

- 94, 5

- 9

- 07.

* * *

• Rule 62

- 252.500, F.A.C., “Gasoline Tanker Trucks or Trailers”

62

- 252.500 Gasoline Tanker Trucks or Trailers. (1) Applicability. All gasoline tanker trucks or trailers are subject to the prohibitions of
subsection 62

- 252.500(2), F.A.C. In addition, all gasoline tanker trucks or trailers with a delivery

vessel capacity of more than 4,500 gallons are subject to the leak testing requirements of subsection
62

- 252.500(3), F.A .C. (2) Prohibitions. (a) No gasoline tanker truck or trailer shall be filled at any bulk gasoline plant or bulk gasoline terminal required by the Department to have a vapor recovery system, unless the delivery vessel of the tanker truck or trailer is equi pped to receive gasoline by means of submerged filling. (b) No gasoline tanker truck or trailer shall be used to deliver gasoline to one or more gasoline dispensing facilities whose stationary storage tanks are equipped with Stage I vapor recovery systems, unless the tanker truck or trailer is equipped to dispense and receive gasoline by means of submerged filling. If the tanker truck or trailer is designed to receive displaced vapors from the stationary storage tank, the operator of such tanker truck or tr ailer shall ensure the vapor return line is completely connected before any gasoline is transferred to the storage tank. The vapors displaced from the storage tanks during filling shall be processed by a vapor recovery system, if available, at a bulk gasol ine plant or bulk gasoline terminal. (c) The tanker truck or trailer shall be designed and maintained to be vapor

- tight at all times except when undergoing maintenance, inspection, or gauging, or during normal pressure vacuum venting as may be otherwise re quired by the Federal Department of Transportation. (3) Leak Testing. The delivery vessel and vapor recovery system of any gasoline tanker truck
21or trailer subject to the provisions of this subsection shall not sustain a pressure change of more
than three inches of water (750 pascals) in five minutes when pressurized to 18 inches of water (4500 pascals) or evacuated to six inches of water (1500 pascals) using the test procedure described in U.S. Environmental Protection Agency Test Method 27, adopted and in corporated by reference
at Rule 62

- 204.800, F.A.C. The delivery vessels and vapor recovery systems of tanker trucks shall be tested no less frequently than every 12 months. In addition, tanker trucks or trailers shall be tested prior to use if an accident damages the delivery vessel or vapor recovery system, if welding or cutting is done on the delivery vessel, or if the tanker truck or trailer is out of service for more than one year. Test results shall be reported on the Department of Environmental Protec tion forms provided for that purpose and shall be retained with the tanker truck or trailer. A copy of the completed form shall be submitted to the Department within 10 days of completion of testing to
the address indicated on the form.
Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History

– Formerly 17

- 2.650(1)(c)3., 17

- 2.700(6)(c)2.d., Amended 2

- 2

- 93, Formerly 17

- 252.500, Amended 9

- 10

- 96, 5

- 9

- 07.

* * *

• Rule 62

- 252.800, F.A.C., “Penalties”

62

- 252.800 Penalties. Any person that commits a violation of any applicable provision of this chapter is liable for a civil penalty of up to $10,000 per day.
Specific Authority: 403.061, F.S. Law Implemented: 403.021, 403.031, 403.061, 403.087, 403.141, 403.161, F.S. History: New 2

- 2

- 93, Formerly 17

- 252.800. Amended 11

- 23

- 94. Repealed 12

- 31

- 95.

* * *

• Rule 62

- 252.900, F.A.C., “Form”

62

- 252.900 Form. The form used by the Department in the gasoline vapor control program is adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, with the subject, title, and effective date. Copies of the for m may be obtained by writing to the Department of Environmental Protection, Division of Air Resources Management, 2600 Blair Stone Road, Tallahassee, Florida 32399

- 2400. (1) Gasoline Tanker Truck Leak Test Report. (DEP Form 62

- 252.900(1), Effective May 9,

222007).
Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History

– New 2

- 2

- 93, Formerly 17

- 252.900, Amended 11

- 23

- 94, 9

- 10

- 96, 5

- 9

- 07.

23Materials Proposed to be Incorporated into the SIP

In this section of th e submittal, the rul e section amendment proposed for incorporation into the SIP is shown in “coded” format where strike

- through denotes deleted text, and underline denotes new text.

* * *

• Rule 62

- 252.300, F.A.C., "Gasoline Dispensing Facilities

- Stage I Vapor Recovery" (as amended)

Rule 62

- 252.300 Gasoline Dispensing Facilities

– Stage I Vapor Recovery. (1) Applicability. The requirements of this rule section shall apply to : (a) All gasoline dispensing facilities with a monthly gasoline throughput of 20,000 gallons (75,700 liters) or more located in any area designated as a nonattainment area or air quality
maintenance area for ozone under Rule 62

- 204.340, F.A.C.; (b) All gasoline dispensing facilities which are subject to the Stage II vapor recovery requirem ents of Rule 62

- 252.400, F.A.C.; (b) (c) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that begin operation on or after August 1, 2007; (c) (d) All gasoline dispensing facilities in the s tate with a monthly throughput of 10,000 gallons (37,850 liters) or more that are not otherwise subject to this rule pursuant to paragraphs 62

- 252.300(1)(a) or , (b), or (c), F.A.C., and whose storage tanks are upgraded or replaced to meet the secondary con tainment requirements for integral piping in Rule 62

- 761.510, F.A.C., and are returned to operation on or after August 1, 2007; and (d) (e) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more t hat are not otherwise subject to this rule pursuant to paragraphs 62

- 252.300(1)(a), (b), or (c), or (d), F.A.C. (2) Prohibition. No owner or operator of a gasoline dispensing facility subject to the provisions
of this section shall transfer or cause or al low the transfer of gasoline from any gasoline cargo tank into any stationary storage tank located at any such gasoline dispensing facility unless the stationary storage tank is equipped for submerged filling and the vapors displaced from the storage
tank during filling are processed by a Stage I vapor recovery system in accordance with subsection
62

- 252.300(3), F.A.C.

24(3) Control Technology Requirements. (a) The Stage I vapor recovery system required by this rule section shall conform with the equipment sp ecifications of the U.S. Environmental Protection Agency document, “Design Criteria for Stage I Vapor Control Systems

– Gasoline Service Stations,” dated November 1975, with the exception of Attachment A, hereby adopted and incorporated by reference. (b) The Stage I vapor recovery system piping shall include pressure

- vacuum vents and be leak

tight. (4) Compliance Schedules. (a) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62

- 252.300(1)(a), F.A.C., shall continue to operate and maintain their Stage I vapor recovery systems in compliance with this rule. (b) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62

- 252.300(1)(b), F.A.C., shall continue to operate a nd maintain their Stage I vapor recovery systems in compliance with this rule. (c) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62

- 252.300(1)(c), F.A.C., shall install Stage I vapor recovery systems prio r to beginning operation and thereafter operate and maintain such systems in compliance with this rule. (d) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62

- 252.300(1)(d), F.A.C., shall install Stage I va por recovery systems at the time of upgrade or replacement of the stationary storage tanks and thereafter operate and maintain such systems in compliance with this rule. (e) Owners and operators of gasoline dispensing facilities subject to this rule pursua nt to paragraph 62

- 252.300(1)(e), F.A.C., shall install Stage I vapor recovery systems by January 1, 2010, and thereafter operate and maintain such systems in compliance with this rule

. Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403 .087 FS. History

– Formerly 17

- 2.650(1)(f)11., Amended 2

- 2

- 93, Formerly 17

- 252.300, Amended 5

- 9

- 07 , 9

- 24

- 13.

.

25Public 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 o r 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 hearin g 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 tha t 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 request ed, on the proposed SIP revision was advertised in the Florida Administrative Register (FA R ) at least 30 days prior to the scheduled date of the hearing

. Information regarding t he date, place
, and time of the public hearing was included in the notice along with information on how to request the hearing or ascertain whether the hearing would be cancelled. A copy of the notice is included in this section. No hearing was requested, and none was held. Notice of cancellation of the hearing wa s provided as set fo rth in the Notice of SIP R evision published in the FAR on April 17, 2014

. (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.
No t 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 adve rtisement in the area affected announcing the date(s), time(s), and place(s) of such hearing(s);

26The 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 FA R at least 30 days prior to the scheduled date of the hearing ( see Re sponse (a)). (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 co mpliance schedule for public inspection in at least one location in the region in which the affected source is located; The materials addressed in the proposed SIP revision (i.e., rules proposed to be removed from the SIP ) were made available for public in spection in the offices of the Division of Air Resource Management (DARM) and on the DARM website. The materials were also accessible to the public through each of the DEP ’s district offices and the offic es of each DEP

- approved local program. The notificat ion emails 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 EPA was notified at least 30 days in advance of the scheduled public hearing date and provided with copies of the material s addressed in the proposed SIP revision

. The pre

- hearing submittal letter is included in this section. (4) Notification to each local air pollution control age ncy which will be significantly impacted by such plan, schedule or revision; Notification to affected local programs occurred with transmittal of the notification emails requesting that the material proposed to be removed from the SIP be made available for public inspection ( see R esponse (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 emails are included in this section.
(e) The State must prepare and retain, for inspection by the Admini strator 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 th e 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 t he 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.

27Notice of Opportunity to Submit Comments and Participate in Public Hearing

28Requests for District/ Local Air Program Offices to Provide Assistance to Public

• Notifications to DEP District Offices

2930• Notifications to Local Program Offices

3132Notification s to Other State s

33Public Comments on SIP Notice

DEP received no written comments from the public.

34DEP Response to Public Comments

DEP received no w ritten comments from the public. As such, no response to public comments is necessary.

35P re - Hearing S ubmittal to EPA

Pre

- H earing Submittal Letter

36EPA Comments on Pre

- Hearing Submittal
EPA did not provide any comments on DEP’s pre

- hearing submittal of this proposed SIP revision.

37DEP Response to EPA Com m ents
EPA did not provide any comments on DEP’s pre

- hearing submittal of this proposed SIP revision. As such, no response to EPA comments is necessary

.

38State Administrative Materials

– Chapter 62

- 252. F.A.C.

Public Notice

– Florida Administrative Register Vol. 39, Number 138, Jul y 17, 2013

– Revision to Rule 62

- 252.300, F.A.C.

3 940Public Notice

– Florida Administrative Register Vol. 37, Number 47, November 23, 2011

– Repeal of Rules 62

- 252.100, 62

- 252.200, and 62

- 252.400, F.A.C.

4142Public Notice

– Florida Administrative Register Vol. 37, Number 47, No vember 10 , 2011

– Repeal of Rules 62

- 252.500 and 62

- 252.9 00, F.A.C.

4344Certification Package

– Repeal of Rules 62

- 252.100, 62

- 252.200, and 62

- 252.400, F.A.C.

45464748495051525354Certification Package

– Repeal of Rules 62

- 252.500 and 62

- 252.9 00, F.A.C.

5556575859606162