Florida Department of 

Environmental Protection 

Bob Martinez Center 

2600 Blair Stone Road 

Tallahassee, Florida 32399-2400 

Rick Scott 

GQVB~Q~ 

Jennifer Carroll 

Lt. Governor 

Herschel T. Vinyard Jr. 

Secretary 

March 13,2012 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

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

61 Forsyth Street, SW 

Atlanta, GA 30303-8909 

Re: Conditional Approval of State Implementation Plan Infrastructure Submittal for the 

1997 Revised National Ambient Air Quality Standard for Ozone 

Dear Ms. Keyes Fleming: 

I am writing to request conditional approval of Florida's December 13, 2007 confirmation 

that the so called "infrastructure elements" of its State Implementation Plan (SIP) 

adequately address the 1997 Ozone National Ambient Air Quality Standard (NAAQS), 

pending the submittal of a proposed SIP revision to address the section IlO(a)(2)(E)(ii) 

element, which requires that states comply with section 128 of the Clean Air Act (CAA). 

With respect to section 128(a)(l), Florida has no boards or bodies with authority over air 

pollution permits or enforcement actions. The Florida Department of Environmental 

Protection is an executive agency headed by an appointed Secretary. Appeals of final 

administrative orders are available only through the judicial appellate process of section 

120.68, Florida Statutes. Because there are no boards or bodies involved in the final 

decisions concerning permits or enforcement actions, section 128(a)(l) of the Clean Air Act 

does not apply to the Florida State Implementation Man. 

With respect to section 128(a)(2), section 112.3143(4), Florida Statutes, requires specific 

disclosure by any appointed public officer regarding particular matters under immediate 

consideration and section 112.3144, Florida Statutes, requires annual, public, disclosure of 

all financial interests by all public officers. These provisions collectively provide for 

adequate disclosure of potential conflicts of interest for purposes of section 128(a)(2) of the 

Clean Air Act. 

As such, the Department hereby commits to submitting a proposed SIP revision to 

incorporate Florida Statutes 112.3143(4) and 112.3144 into the SIP. These statutes adequately 

address the requirements of section 128 of the CAA and the SIP infrastructure requirements 

of section IlO(a)(2)(E)(ii) not only for the 1997 ozone standard, but also for the other 

pending SIP infrastructure confirmations for Florida. 

www. dcpsratefl. us 
Ms. Gwendolyn Keyes Fleming 

March 13,2012 

Page 2 of 2 

The schedule for this SIP revision is as follows: 

1. Publish SIP revision for public comment - by July 1,2012 

2. Address comments received - August through September 2012 

3. Submit final SIP revision for approval - October 31,2012 

If you have any questions on this request or need additional information, please contact 

Chad Stevens at (850) 717-9089. Thank you for your continued support of our efforts to 

implement the CAA in Florida. 

Sincerely, 

Brian Accardo, Deputy Director 

Division of Air Resource Management 

cc: R. Scott Davis, Chief, Air Planning Branch, EPA Region 4 (by electronic mail)