Florida Department of 

Environmental Protection 

October 31 , 2011 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator 

Bob Martinez Center 

2600 Blair Stone Road 

Tallahassee, Florida 32399-2400 

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

61 Forsyth Street, SW 

Atlanta, GA 30303-8909 

Rick Scott 

Governor 

jennifer Carroll 

Lt. Governor 

Herschel T. Vinyard lr. 

Secreta I)' 

Re: Air Program: State Implementation Plan Infrastructure Submittal for the 2008 Revised 

National Ambient Air Quality Standard for Ozone 

Dear Ms. Keyes Fleming: 

On behalf of the Florida Department of Environmental Protection, I hereby confirm that, to the best 

of my knowledge, the requirements of Sections 110(a)(l) and 110(a)(2) ofthe Clean Air Act are 

adequately addressed in Florida's existing approved State Implementation Plan (SIP) with respect to 

the implementation of the 2008 revised national ambient air quality standard for ozone (03). While 

we are not aware of any SIP deficiencies related to implementation of the revised ozone standard, we 

understand that Florida is obligated to revise its SIP to address new ozone requirements in 

accordance with schedules established in current and forthcoming EPA regulations and guidance. 

Enclosed please find documentation demonstrating the correlation between the Section 110(a)(2) 

infrastructure elements and the Florida Statutes and SIP-approved Florida rules that address each 

such element. An exact duplicate of this submittal in searchable.pdf format has been e-mailed to the 

Air Planning Branch. If you have any questions on this submittal or need additional information, 

please contact Chad Stevens at (850) 717-9089 or Larry George at (850) 717-9092. Thank you for 

your continued support of our efforts to implement the Clean Air Act in Florida. 

Sincerely, 

fo4l !~ 1 /C. 

Mtchael P. Halpin, P.E., Director 

Division of Air Resource Management 

Enclosure 

cc: Scott Davis, Chief, Air Planning Branch, EPA Region 4 (by electronic mail) 
STATE OF FLORIDA 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

State Implementation Plan (SIP) Infrastructure Confirmation for the 2008 Revised National 

Ambient Air Quality Standard for Ozone (03) 

Introduction 

A revised national ambient air quality standard (NAAQS) for ozone (03) was promulgated by the U. S. 

Environmental Protection Agency (EPA) on March 12, 2008. As per section llO(a)(l) of the Clean Air 

Act (CAA), within three years of the promulgation of any revised NAAQS, each state is required to 

submit a state implementation plan (SIP) to EPA to provide for the implementation, maintenance and 

enforcement of such revised standard, or a demonstration that the state's existing SIP is adequate for these 

purposes. Specifically, each SIP must address certain required "infrastructure" elements, as outlined at 

sections llO(a)(2)(A) through (M) of the CAA. 

Subsection 403.061(35), Florida Statues (F.S.), grants the Florida Department ofEnvironmental 

Protection (DEP) the broad authority to "[ e ]xercise the duties, powers and responsibilities required of the 

state under the federal Clean Air Act, 42 U.S.C. ss. 7401 et seq" and "implement the programs required 

under that act in conjunction with its other powers and duties." By virtue of this statute, DEP has the 

authority and responsibility to act on behalf of the State of Florida to develop and revise a SIP as required 

by section llO(a)(l) of the CAA and to ensure that such SIP adequately addresses the required 

infrastructure elements as set forth at sections ll0(a)(2)(A) through (M) of the CAA. 

DEP hereby confirms that the requirements of sections ll O(a)( 1) and the infrastructure elements required 

by sections llO(a)(2)(A) through (M) ofthe CAA are adequately addressed in Florida's existing approved 

SIP with respect to the implementation of the 2008 revised national ambient air quality standard for 03. 

Furthermore, DEP confirms that all elements of Florida's approved SIP have undergone public notice in 

accordance with the requirements of 40 CFR 51.102. DEP is not aware of any SIP deficiencies related to 

implementation of the revised 0 3 standard but understands that Florida is obligated to revise its SIP to 

address new 0 3 requirements in accordance with schedules established in current and forthcoming EPA 

regulations and guidance. This document demonstrates the correlation between the section 11 O(a)(2) 

infrastructure elements and the Florida Statutes and SIP-approved Florida rules that address each such 

element. 

Rules and Statutes 

Florida's existing SIP consists largely of Florida Administrative Code (F.A.C.) rules adopted by DEP and 

approved by EPA through the SIP revision process. The complete list of DEP rules approved and 

incorporated by reference into Florida's SIP is published by EPA in the Code of Federal Regulations at 40 

CFR 52.520(c). The list includes each F.A.C. rule section number and effective date, with a 

corresponding EPA approval date for each rule section. The F.A.C. rules are available online at the 

Florida Department of State website (https://www.flrules.org/default.asp) and at the DEP Division of Air 

Resource Management website (http://www .dep.state.fl. us/air/ru les/current.htm ). 

There are five rule chapters of the F.A.C. that contain SIP-approved rule sections that directly or 

indirectly address implementation of the 0 3 NAAQS: 

• Chapter 62-204, F.A.C., Air Pollution Control-General Provisions. All EPA regulations 

cited throughout DEP's air pollution rules are adopted and incorporated by reference in Rule 62-

204.800, F.A.C. The purpose and effect of each such adopted regulation is determined by the 

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context in which it is cited. This rule is referenced in the discussion below regarding the 

requirements in sections 110(a)(2)(A), (B), (C), (D), (F), (J), and (K) ofthe CAA. 

• Chapter 62-210, F.A.C., Stationary Sources - General Requirements. This rule chapter 

establishes definitions and the general requirements for stationary sources of air pollutant 

emissions. It provides criteria for determining the need for an owner or operator to obtain DEP 

authorization by permit to conduct certain activities involving sources of air pollutant emissions, 

and it establishes reporting requirements and requirements relating to estimating emissions. This 

chapter also sets forth special provisions related to compliance monitoring, stack heights, 

circumvention of pollution control equipment, and excess emissions. This rule chapter is 

referenced in the discussion below regarding the requirements in sections 11 O(a)(2)(A), (B), (C), 

(D), (F), (J) and (K) of the CAA. 

• Chapter 62-212, F.A.C., Stationary Sources -Preconstruction Review. This rule chapter 

establishes the preconstruction review requirements for proposed new emissions units, new 

facilities, and modifications to existing units and facilities. The requirements of this chapter 

apply to those proposed activities for which an air construction permit is required. This chapter 

includes general preconstruction review requirements and specific requirements for emissions 

units subject to both attainment and nonattainment area preconstruction review (i.e., New Source 

Review). This rule chapter is referenced in the discussion below regarding the requirements in 

sections 110(a)(2)(A), (B), (C), (D), (F), (J) and (K) ofthe CAA. 

• Chapter 62-296, F.A.C., Stationary Sources -Emission Standards. This rule chapter 

establishes emission limiting standards and compliance requirements for stationary sources of air 

pollutant emissions. It establishes emission limitations for specific categories of facilities and 

emissions units, including reasonably available control technology (RACT). This rule chapter is 

referenced in the discussion below regarding the requirements in section 11 O(a)(2)(A) and (F) of 

the CAA. 

• Chapter 62-297, F.A.C., Stationary Sources -Emissions Monitoring. This rule chapter 

establishes test procedures for determining the compliance of air pollutant emissions units with 

emission limiting standards. This rule chapter is referenced in the discussion below regarding the 

requirements in sections 110(a)(2)(A) and (F) ofthe CAA. 

As mentioned above, many of the current SIP-approved rules have been adopted by DEP under the 

authority of subsection 403.061(35), F.S. Beyond the broad authority given to DEP by this statute to 

implement the CAA, DEP relies on other Florida Statutes for authority to conduct various air program 

activities such as permitting, monitoring, fee collection, compliance assurance, enforcement, and 

emergency response. These statutes are referenced with specificity in the discussion below regarding the 

requirements of section 110(a)(2) of the CAA and are available online at www.leg.state.fl .us/Statutes. 

Section 110(a)(2) Elements- Implementing Rules and Statutes 

110(a)(2)(A) - Emission limits and other control measures: Requires SIP to include enforceable 

emission limits and other control measures, means or techniques; schedules for compliance; and other 

related matters. 

• Rules: SIP-approved sections of Chapters 62-204, 62-210, 62-212, 62-296 and 62-297, F.A.C., to 

the extent such rule sections include emission limits and other control measures for pollutantemitting activities that contribute to 0 3 concentrations in the ambient air and also provide 

authority for DEP to establish such limits and measures through SIP-approved permits. 

Pollutants that contribute to 0 3 concentrations in the ambient air are primarily nitrogen oxides 

(NOx) and volatile organic compounds (VOC). 

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• Statutes: Subsection 403.061(9), F.S., which authorizes DEP to " [a]dopt a comprehensive 

program for the prevention, control, and abatement of pollution of the air ... of the state," and 

section 403.8055, F.S., which authorizes DEP to "[a]dopt rules substantively identical to 

regulations adopted in the Federal Register by the United States Environmental Protection 

Agency pursuant to federal law .... " 

110(a)(2)(B)- Ambient air quality monitoring: Requires SIP to provide for the establishment and 

operation of ambient air quality monitors; the compilation and analysis of ambient air quality data; and 

the submission ofthese data to EPA upon request. 

• Rules: SIP-approved sections of Chapters 62-204, 62-210 and 62-212, F.A.C., to the extent such 

rule sections require the use of Federal Reference Method or equivalent monitors and also 

provide authority for DEP to establish monitoring requirements through SIP-approved permits. 

• Statutes: Subsection 403 .061(1), F.S., which authorizes DEP to " [a]pprove and promulgate 

current and long-range plans developed to provide for air and water quality control and pollution 

abatement," subsection 403.061(9), F.S., which authorizes DEP to "[a]dopt a comprehensive 

program for the prevention, control, and abatement of pollution of the air and waters of the 

state ... . ," and subsection 403 .061(11), F.S., which authorizes DEP to " [e]stablish ambient air 

quality ... standards for the state as a whole or for any part thereof." 

• Note: Florida's air monitoring strateb'Y for 0 3 is set forth in DEP's 2011 Annual Monitoring 

Network Plan (http://www.dep.state.tl.us/air/air gualitv/techrpt/proposed net plan ll .pdD. 

110(a)(2)(C)- Program for enforcement of control measures and new source review: Requires SIP 

to include a program that provides for enforcement of all SIP measures and for the regulation of the 

construction of new or modified stationary sources to meet prevention of significant deterioration (PSD) 

and nonattainment new source review (NNSR) requirements. 

• Rules: SIP-approved sections of Chapters 62-204, 62-210, and 62-212, F.A.C., to the extent such 

rule sections provide for enforcement of emission limits and control measures for 0 3 precursors 

(NOx and VOC) and also provide for a permitting program as required under parts C and D of the 

CAA for pollutant-emitting activities that contribute to 0 3 concentrations in the ambient air. 

• Statutes: Subsection 403.061(6), F.S., which requires DEP to " [e]xercise general supervision of 

the administration and enforcement of the laws, rules, and regulations pertaining to air and water 

pollution"; subsection 403.061(14), F.S., which authorizes DEP to " [e]stablish a permit system 

whereby a permit may be required for the operation, construction or expansion of any installation 

that may be a source of air pollution .... " (with the definition of pollution provided in subsection 

403.031(7), F.S.); section 403.087, F.S., which provides specific requirements for implementation 

of a permit system for operation of reasonably expected sources of air pollution; and section 

403.121, which authorizes DEP to seek judicial and administrative remedies for violations. 

• Note: DEP's EPA-approved preconstruction review program applies to both major and minor 

sources. DEP's EPA-approved PSD program ensures that major stationary sources and major 

modifications apply the best available control technology (BACT) to reduce emissions ofNOx 

and VOC in accordance with EPA PSD permitting requirements. 

110(a)(2)(D)(i)- Interstate transport: Requires SIP to include provisions prohibiting any source or 

other type of emissions activity within the state from contributing significantly to nonattainment of the 

NAAQS in any other state; interfering with maintenance of the NAAQS in any other state; or interfering 

with any other state's required plan under Part C of the CAA for prevention of significant deterioration 

and protection ofvisibility. 

• Rules: SIP-approved sections of Chapters 62-204, 62-210, and 62-212, F.A.C., which require 

that any new major source or major modification undergo PSD or NNSR permitting in 

accordance with EPA requirements for significant net emissions increases ofNOx and VOC. 

1012112011 

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• Statutes: Subsection 403.061(14), F.S., which authorizes DEP to "[e]stablish a permit system 

whereby a permit may be required for the operation, construction or expansion of any installation 

that may be a source of air pollution .... " (with the definition of pollution provided in subsection 

403.031(7), F.S.), and section 403.087, F.S., which provides specific requirements for 

implementation of a permit system for operation of reasonably expected sources of air pollution. 

• Note: Since Florida is subject to the regional haze program which addresses visibility-impairing 

pollutants, including NOx, DEP understands that EPA does not expect this SIP infrastructure 

submission to address regional haze control measures. 

110(a)(2)(D)(ii)- Interstate and international transport provisions: Requires SIP to include 

provisions ensuring compliance with the applicable requirements of sections 115 or 126(b) of the CAA. 

• Rules: SIP-approved sections of Chapters 62-204,62-210, and 62-212, F.A.C., to the extent such rule 

sections have led to the issuance of SIP-approved air construction permits requiring the installation and 

permanent operation ofNOx control equipment for compliance with the ozone-season emission reduction 

provisions of the former EPA Clean Air Interstate Rule. Also, SIP-approved sections of Chapters 62-

204, 62-210, and 62-212, F.A.C., which require that any new major source or major modification 

undergo PSD or NNSR permitting in accordance with EPA requirements for significant net 

emissions increases ofNOx and VOC and thereby provide notification to other potentially 

affected federal, state, and local government agencies. 

• Statutes: Subsection 403.061(14), F.S., which authorizes DEP to "[e]stablish a permit system 

whereby a permit may be required for the operation, construction or expansion of any installation 

that may be a source of air pollution .... " (with the definition of pollution provided in subsection 

403.031(7), F.S.), and section 403.087, F.S., which provides specific requirements for 

implementation of a permit system for operation of reasonably expected sources of air pollution. 

• Note: Florida is subject to further, beyond-CAIR ozone-season NOx emission reductions under 

the Federal Implementation Plan for the Cross State Air Pollution Rule (CSAPR). CSAPR 

addresses interstate transport issues related to the 1997 ozone standard and requires the 

application of cost-effective NOx emission control measures for Florida's electric generating 

units (EGUs) on a statewide basis. Until CSAPR is fully implemented and its effects are realized, 

both on Florida's emissions and on ozone levels in other states, it is not possible to evaluate the 

extent, if any, to which Florida's emissions may impact attainment and maintenance of the 2008 

ozone standard in downwind states. Therefore, DEP has no reason to believe at this time that 

Florida's existing SIP, in combination with the CSAPR FIP, is inadequate with respect to this 

infrastructure element. Furthermore, EPA has made no finding of SIP inadequacy for Florida 

under section 115 or section 126 of the CAA with respect to the 2008 ozone standard. 

110(a)(2)(E)- Adequate resources: Requires state to provide for adequate personnel, funding and legal 

authority under state law to carry out its SIP and related issues. 

• Statutes: Subsection 403.061(2), F.S., which authorizes DEP to "[h]ire only such employees as 

may be necessary to effectuate the responsibilities ofthe department," subsection 403.061(4), 

F.S., which authorizes DEP to "[s]ecure necessary scientific, technical, research, administrative, 

and operational services by interagency agreement, by contract, or otherwise"; section 403.182, 

F.S., which authorizes DEP to approve local pollution control programs; and subsection 

320.03(6), F.S., which authorizes DEP to establish an Air Pollution Control Trust Fund and use a 

$1 fee on every motor vehicle license registration sold in the state for air pollution control 

purposes. 

• Note: The DEP understands that when EPA does a completeness determination and final 

approval for any SIP submittal, it implicitly determines that the requirements of section 

11 O(a)(2)(E) are met. Each submittal must provide for adequate personnel, funding and legal 

authority under state law to carry out the proposed SIP revision. In order for a submittal to be 

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deemed complete, any local and regional implementation plans must be submitted through the 

state agency. In Florida's case, no local or regional areas submit implementation plans; DEP is 

solely responsible for the SIP. 

110(a)(2)(F)- Stationary source emissions monitoring: Requires SIP to provide for the establishment 

and operation of emissions monitoring systems by source owners or operators, and for the submission of 

periodic emissions reports from such sources. 

• Rules: SIP-approved sections of Chapters 62-204, 62-210, 62-212, 62-296, and 62-297, F.A.C., 

to the extent such rule sections require emissions monitoring and reporting for pollutant-emitting 

activities that contribute to 0 3 concentrations in the ambient air, including requirements for the 

installation, calibration, maintenance and operation of equipment for continuously monitoring or 

recording emissions, or provide authority for DEP to establish such emissions monitoring and 

reporting requirements through SIP-approved permits; and require reporting of 0 3 precursor 

emissions in such manner as to allow the state to correlate such data with applicable emission 

limitations and comply with the provisions ofthe EPA Air Emissions Reporting Rule. 

• Statutes: Subsection 403.061(13), F.S., which authorizes DEP to "[r]equire persons engaged in 

operations which may result in pollution to file reports which may contain ... any other such 

information as the department shall prescribe ... "; also, section 403.8055, F.S., which authorizes 

DEP to "[a]dopt rules substantively identical to regulations adopted in the Federal Register by the 

United States Environmental Protection Agency pursuant to federal law .... " 

110(a)(2)(G)- Emergency powers: Requires state to provide for authority comparable to that in section 

303 of the CAA to address activities causing imminent and substantial endangerment to public health and 

to provide contingency plans to implement such authority. 

• Statutes: Section 403.131, F.S., which authorizes DEP to "[s]eek injunctive relief to enforce 

compliance with this chapter or any rule, regulation or permit certification, or order; to enjoin any 

violation specified ins. 403.061(1); and to seek injunctive relief to prevent irreparable injury to 

the air, waters, and property, including animal, plant, and aquatic life, of the state and to protect 

human health, safety, and welfare caused or threatened by any violation"; and paragraph 

120.569(2)(n), F.S., which authorizes DEP to issue emergency orders to address immediate 

dangers to the public health, safety, or welfare. 

110(a)(2)(H)- Future SIP revisions: Requires state to have the authority to revise its SIP in response to 

changes in the NAAQS, availability of improved methods for attaining the NAAQS, or any EPA finding 

that the SIP is substantially inadequate. 

• Statutes: Subsection 403.061(35), F.S., which, as previously described in the "Introduction" 

above, grants DEP the broad authority to implement the CAA; also, subsection 403.061(9), F.S., 

which authorizes DEP to "[a]dopt a comprehensive program for the prevention, control, and 

abatement of pollution of the air ... of the state, and from time to time review and modifY such 

programs as necessary." 

110(a)(2)(1)- Nonattainment areas: Require states to meet the applicable requirements of part D of the 

CAA relating to nonattainment areas. 

• Note: DEP understands that EPA does not expect this SIP infrastructure submission to address 

this element. DEP further understands that Florida is required to submit a proposed SIP revision, 

by such date as EPA may require, addressing the nonattainment area provisions ofPart D of the 

CAA for any areas of the state that may be designated nonattainment for the 2008 03 NAAQS. 

At this time, no areas of Florida violate the 2008 0 3 NAAQS. 

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110(a)(2)(J)- Consultation with government officials; public notification ofNAAQS violations; and 

compliance with PSD and visibility requirements: Requires state to consult with local governments 

and federal land managers pursuant to the provisions of section 121 of the CAA; notify the public of 

instances or areas exceeding the NAAQS pursuant to section 127 of the CAA; and meet the requirements 

of part C of the CAA (relating to PSD and visibility protection). 

• Rules: SIP-approved sections of Chapters 62-204, 62-210, and 62-212, F.A.C., to the extent such 

rule sections require intergovernmental consultation, public notice and compliance with the 

requirements of parts C and D of the CAA. 

• Statutes: Subsection 403.061(21), F.S., which authorizes DEP to " [a]dvise, consult, cooperate, 

and enter into agreements with other agencies ofthe state, the Federal Government, other states, 

interstate agencies, groups, political subdivisions, and industries affected by the provisions of this 

act, rules, or policies of the department" and subsection 403.061(20), F.S., which authorizes DEP 

to " [c]ollect and disseminate information ... relating to pollution." 

• Note: Notification to the public of instances or areas exceeding the NAAQS and associated 

health effects is provided through implementation of the Air Quality Index reporting system in all 

required areas. 

110(a)(2)(K) - Air quality modeling: Requires state to provide for the performance of air quality 

modeling as required by EPA to predict the effects on air quality of emissions ofNAAQS pollutants and 

for submission of such data to EPA. 

• Rules: SIP-approved sections of Chapter 62-204, 62-210, and 62-212, F.A.C., to the extent such 

rule sections require use ofEPA-approved modeling of pollutant-emitting sources that contribute 

to 0 3 concentrations in the ambient air. 

• Statutes: Subsection 403.061(13), F.S., which authorizes DEP to " [r]equire persons engaged in 

operations which may result in pollution to file reports which may contain information relating to 

locations, size of outlet, height of outlet, rate and period of emission, and composition and 

concentration of effluent and such other information as the department shall prescribe to be 

filed ... "; also subsection 403.061(18), F.S., which authorizes DEP to " [e]ncourage and conduct 

studies, investigations, and research relating to pollution and its causes, effects, prevention, 

abatement, and control." 

• Note: DEP has the technical capability to conduct or review all air quality modeling associated 

with the NSR program and all SIP-related modeling, except photochemical grid modeling which 

is performed for DEP under contract. All such modeling is conducted in accordance with the 

provisions of 40 CFR Part 51, Appendix W, "Guideline on Air Quality Models." DEP agrees to 

submit any NSR or SIP modeling files to EPA upon request. 

110(a)(2)(L)- Permitting fees: Requires state to assess permitting fees to cover the costs of reviewing, 

approving, implementing and enforcing major stationary source permits. 

• Statutes: Paragraph 403.087(6)(a), F.S., which directs DEP to " require a processing fee in an 

amount sufficient, to the greatest extent possible, to cover the costs of reviewing and acting upon 

any application for a permit. .. " 

• Note: The subject costs are covered by the Air Pollution Control Trust Fund, which is made up 

of various funding sources. 

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110(a)(2)(M)- Consultation and participation by affected local entities: Requires state to provide for 

consultation and participation in SIP development by local political subdivisions affected by the SIP. 

• Statutes: Subsection 403.061(21), F.S., which authorizes DEP to "[a]dvise, consult, cooperate, 

and enter into agreements with other agencies of the state, the Federal Government, other states, 

interstate agencies, groups, political subdivisions, and industries affected by the provisions of this 

act, rules, or policies of the department." 

• Note: DEP has specific operating agreements with eight county air pollution control agencies 

(Duval, Orange, Hillsborough, Pinellas, Sarasota, Palm Beach, Broward, and Miami-Dade) that 

delineate the duties and responsibilities of each such county in carrying out Florida's air program, 

including applicable portions of the SIP. 

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