STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 2015-05

GASOLINE VAPOR CONTROL RULES

May 1, 2015
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STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

SUBMITTAL NUMBER 2015-05

GASOLINE VAPOR CONTROL RULES

TABLE OF CONTENTS

SUBJECT PAGE

Letter of Submittal........................................................................................................................ 1

Executive Summary...................................................................................................................... 3

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

Rule Adoption Process...................................................................................................... 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

i
EPA 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, and 

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

ii
Letter of Submittal

1
2
Executive Summary

Proposed Revision to State Implementation Plan

Submittal Number 2015-05

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 62-252.900, Florida Administrative Code 

(F.A.C.), from Florida’s SIP, and the revision of Rule 62-252.300 (“Gasoline Dispensing Facilities 

– 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. rule 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 62-252.500, 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,” contains 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 unnecessary 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 effective dates.

3

 
Rule 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 Chapter 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., for 

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, as 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 amendment 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, 62-252.400, F.A.C., expressly phased itself out by December 

31, 2009, making this rule section obsolete. Paragraph 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 gasoline 

dispensing facilities in Florida.

• The compliance schedules in paragraphs 62-252.300(4)(a) and (c), F.A.C., 

duplicate the prohibition and control technology requirements in subsections 62-

4
252.300(2) and (3), F.A.C. Subsection 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 62-252.300(1)(b), F.A.C. 

Subsection 62-252.300(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 dispensing facilities statewide. The compliance schedules in these 

paragraphs have since passed, making these schedules obsolete. Subsection 62-

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

paragraphs 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 notice 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 this 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 of State on September 4, 2013, and became effective 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 Facilities – 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 notices dated November 10, 2011 and November 23, 2011.)

SIP 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. Pursuant to this

statutory authority, DEP has developed this proposed SIP revision.

5
In accordance with 40 CFR 51.102, DEP published a notice in the FAR on April 17, 2014, 

announcing an opportunity for the public to submit comments and request a public hearing to be 

held on May 21, 2014, if requested, regarding this proposed revision to Florida’s SIP. No public 

comments were submitted in response to the notice of proposed SIP revision, and no SIP hearing 

was requested. Consistent with the FAR notice, 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, 2014, 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.

6
Response to 40 CFR Part 51, Appendix V, Criteria

Pursuant to 40 CFR Part 51, Appendix V, the 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 “Letter 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 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.

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” section 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 

Proposed 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.

7
DEP has the necessary legal authority to adopt and implement this proposed revision 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 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.

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 Administrative 

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, Florida 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 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.”

8
(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.

This proposed SIP revision addresses emissions of VOC from 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 affected 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 calculations 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 

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.

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 time 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 Rule 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., eliminates 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 

9
from Florida’s SIP will reduce the size 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 

September 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. This 

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, 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.

No emission reduction requirements or changes in allowable or actual emissions are 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 gasoline 

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 will 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 economic 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. Exceptions

No exceptions apply to this proposed SIP revision.

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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 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.

403.8052 Authority to establish a Small Business Assistance Program for smallbusiness sources of air pollutant emissions.

11
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., 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 Trust Fund and use $1 fee on 

every motor vehicle license registration sold in the state for air pollution 

control purposes, 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 provides access to materials adopted by reference since January 1, 2011. DEP 

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

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Materials 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, 

the rule sections proposed for deletion from the SIP are shown in “coded” format where strikethrough 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 program 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. The 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 play 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 testing, 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 system.

(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.

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(3) This chapter provides a gasoline vapor control program designed to significantly 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, unless 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 pressure 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 gasoline 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 equipment; 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 supply 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 marketing 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 

14
redistillation, 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 nonviscous 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 II 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, into 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 operation 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 equipment 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 designed.

(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 leakage.

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 vaportight. No remote vapor check 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 in 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 full, 

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 vapor 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 

November 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-per-month threshold, 

whichever is later.

(c) Any gasoline dispensing facility which was in operation or under construction on 

17
November 15, 1990, and which dispenses or has dispensed 10,000 gallons or more in any one 

month during or after 1991, but not as much 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 that 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 equipment) 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 Dispensing 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 Department 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 

Department 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 function 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 initial system 

certification. A major system modification is considered to be replacing, repairing, or upgrading 

18
75 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, unless 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 available 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 efficiency 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 repaired, 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 significantly 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 flattened 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.

19
4. 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 cone, 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 malfunction 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/vacuum 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 air 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 provide 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, upon 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 deliveryvessel 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 equipped 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 trailer 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 gasoline 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 required by the Federal Department of Transportation.

(3) Leak Testing. The delivery vessel and vapor recovery system of any gasoline tanker truck 

21
or 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 incorporated 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 Protection 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 form 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, 

22
2007).

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.

23
Materials Proposed to be Incorporated into the SIP

In this section of the submittal, the rule 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 

requirements 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 state 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 containment 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 that 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 allow 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 specifications 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 leaktight.

(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 and 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 prior 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 vapor 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 pursuant 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..

25
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 

Register (FAR) 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 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.

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);

26
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 FAR at least 30 days 

prior to the scheduled date of the hearing (see Response (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 compliance 

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 inspection 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 offices of each 

DEP-approved local program. The notification 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 materials addressed in the proposed SIP

revision. 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 notification emails 

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 emails 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.

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

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

• Notifications to DEP District Offices

29
30
• Notifications to Local Program Offices

31
32
Notifications to Other States

33
Public Comments on SIP Notice

DEP received no written comments from the public.

34
DEP Response to Public Comments

DEP received no written comments from the public. As such, no response to public comments is 

necessary. 

35
Pre-Hearing Submittal to EPA

Pre-Hearing Submittal Letter

36
EPA Comments on Pre-Hearing Submittal

EPA did not provide any comments on DEP’s pre-hearing submittal of this proposed SIP 

revision.

37
DEP Response to EPA Comments

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.

38
State Administrative Materials – Chapter 62-252. F.A.C.

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

Revision to Rule 62-252.300, F.A.C.

39
40
Public 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.

41
42
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
44
Certification Package – Repeal of Rules 62-252.100, 62-252.200, and 62-252.400, F.A.C.

45
46
47
48
49
50
51
52
53
54
Certification Package – Repeal of Rules 62-252.500 and 62-252.900, F.A.C.

55
56
57
58
59
60
61
62