State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 1 of 23 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

State Implementation Plan Infrastructure Confirmation for the 201 2 Revised National Ambient Air Quality Standard for Fine Particulate Matter (PM 2.5 )

Introduction

On December 14 , 201 2, t he United States Environmental Protection Agency (EPA) revised the national ambient air quali ty standard (NAAQS) for fine particulate matter ( PM 2.5 )

. See 7 8 Fed. Reg. 3085 ( January 15 , 201 3 ).

Within three years of EPA’s promulgation of a revised NAAQS, states must address basic State Implementation Plan ( SIP ) elements listed under S ection 110(a)(2) of the Clean Air Act (CAA)

, including em issions inventories, monitoring

, and modeling to as sure attainment and maintenance of the new or revised NAAQS. See 42 U.S.C. § 74 10(a)(1) & (2). EPA has historically referred to the submittals in which states must address these requirements as “infrastructure SIPs.” 1 Infrastructure SIPs do not address the S ection 110(a)(2) elements that cannot be governed by th e three year timeframe

– i.e., S ection 110(a)(2)(I), which addresses SIP revision s for nonattainment areas, and S ection 110(a)(2)(C)

, to the extent that the section refers to the nonattainment ne w source review program.

Section 403.061(35), Florida Statues, grants the Florida Department of Environmental Protection (DEP) the broad authority to “ [e]xercise the duties, powers and responsibilities required of the state under the federal [CAA] , 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 Florida’s SIP as required by CAA S ection 110(a)(1) and to ensure that the SIP adequately addresses the required infrastructure elements prescribed under CAA S ection 110(a)(2).

DEP hereby confirms that the requirements of CAA S ections 110(a)(1) and the inf rastructure elements re quired by S ections 110(a)(2)(A)

- (M) are adequately addressed in Florida’s existing approved SIP with respect t o the implementation of the 201 2 revised NAAQS for PM 2.5

. 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. This document demonstrat es the correlation between the S ection 110(a)(2) infrastructure elements and the Florida Statutes and SIP

approved Florida rules that address each such element.

1 This specific term does not appear in the CAA, but EPA uses the term to distinguish this particular type of SIP submission , which is designed to address basic structural requirements

, from other types of SIP submissions that are designed to address other requirement s, such as “nonattainment SIP” submissions required to address the nonattainment planning requirements of P art D of Title I of the CAA ; “regional haze SIP” submissions required to address the visibility protection r equirements of CAA S ection 169 A; and New Source Review ( NSR ) permitting program submissions required to address th e requirements of P arts C a nd D of Title I of the CAA

.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 2 of 23 Rules and Statutes

Florida’s existing SIP consists largely of Florida Administrative Code (F.A.C.) rules adopted by DEP and approved by EPA th rough the SIP revision process. 2 The complete list of DEP rules approved and incorporated by reference into Florida’s SIP is published by EPA in the United States Code of Federal Regulations a t 40 CFR 52.520(c)

. T he list includes each F.A.C. rule section number and effective date, with a corresponding EPA appro val 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/rules/current.htm ).

There are five rule chapters of the F.A.C. that contain SIP

- approved rule sections that directly or indirectl y address implementation of the PM 2.5 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 refer ence in Rule 62

- 204.800, F.A.C. The purpos e and effect of each such adopted regulation is de termined by the context in which it is cited. This rule is referenced in the discussion below regarding the requirements in CAA S ections 110(a)(2)(A), (B), (C), (D), ( F ), (J) and (K)

.

• Chapter 62

- 210, F.A.C., Stationary Sources

– General Requirements. This rule chapter establishes definitions and the general requirements for major and minor stationary sour ces of air pollutant emissions. It provides criteria for determining the need for an owner or opera tor to obtain DEP authorization by permit to conduct certain activities involving sources of air pollutant emissions , and i t est ablishes reporting requirements and requirements re lating to estimating emissions. This chapter also sets forth special provisio ns related to compl iance monitoring, stack heights

, and circumvention of pollution control equipment. This rule chapter is referenced in the discussion below regarding the requirements in CAA S ections 110(a)(2)(A), (B), (C), (D), (F), (J) and ( K )

.

• 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

c onstruction permit is required. This chapter includes general preconstruction review requirements and specific requirements for emissions units subject to both attainmen t and nonattainment area preconstruction review (i.e., New Source Review [ NSR ] / Prevention of Significant Deterioration [PSD] requirements )

. This rule chapter is referenced in the discussion below regarding the requirements in CAA S ections 110(a)(2) (A), ( B), (C), (D), (F), (J) and (K)

.

2 See Appendix A, which identifies rule sections approved by EPA to be included in Florida’s SIP. Also identified in Appendix A are the Florida Statutes and Non

- SIP rule chapters of the F.A.C. referenced in this submittal.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 3 of 23 • Chapter 62

- 296, F.A.C., Stationary Sources

– Emission Standards. This rule chapter establishes emission limiting standards and compliance requirements for stationary sourc es of air pollutant emissions. It establish es emissio n 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 CAA S ection s 110(a)(2)(A) , (D) and (F)

.

• 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 wit h emission limiting standards. This rule chapter is referenced in the discu ssion below regarding the requirements in CAA S ections 110(a)(2)(A) and (F)

. As mentioned above, many of the current SIP

- approved rules have been adopted by DEP under the authority of S ection 403.061(35), Florida Statutes

. 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, co mpliance assurance, enforcement and emergency respo nse. T hese statu tes are essential to Florida’s implementation of the PM 2.5 NAAQS and are referenced in the discussion below regarding the requirements of CAA S ection 110(a)(2). For the most part, t he Florida Statutes are referenced only to confirm DEP’s legal authority to implement the SIP ; however, certain statutes have been approved and incorporated into Florida’s SIP and are noted as such

. The Florida Statutes are available online at http://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: SIP s must include enforceable emission limits and other control measures, means

, or techniques, schedules for compli ance and other related matters

.

• Rules: SIP

- approved sections of Chapters 62

- 210, 62

- 212, 62

- 296 and 62

- 297, F.A.C., to the extent such rule sections provide emission limits and other control measures, or the authority to establish such limits and measures thro ugh SIP

- approved permits, for pollutant

- emitting activities that contribute to PM 2.5 concentrations in the ambient air.

• Statutes: S ection 403.061(9), Florida S tatutes , which authorizes DEP to “[a] dopt a comprehensive program for the prevention, control, an d abatement of pollution of the air... of the state,” and S ection 403.8055, F lorida S tatutes , which authorizes DEP to “[a] dopt rules substantively identical to regulations adopted in the Federal Register by the United States Environmental Protection Agency p ursuant to federal law....”

110(a)(2)(B)

– Ambient air quality monitoring: SIP s must provide for the establishment and operation of ambient air quality monitors, the co mpilation and analy sis of ambient air quality data and the submission of these 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 provide monitoring requirements, or the authority to establish monitoring requirements through SIP

- approved permit s, for pollutant

- emitting activities that contribute to PM 2.5 concentrations in the ambient air.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 4 of 23 • Statutes: S ection 403.061(1), F lorida S tatutes , 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,” S ection 403.061(9), F lorida S tatutes , 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 S ection 403.061(11), F lorida S tatutes , which authorizes DEP to “ [e] stablish ambient air quality... standards for the state as a whole or for any part thereof.”

• Note: Florida’s PM 2.5 monitoring network was initially approved by EPA on August 1, 1998. Florida submits annual update s , which w ere last approved by EPA on October 29

, 201 5

. 110(a)(2)(C)

– Program for enforcement of control meas ures and new source review: SIP s must include a program that provides for enforcement of all SIP measures and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that the NAAQS are achieved, including a permit program as required in P arts C and D of Title 1 of the CAA

.

• Rules: SIP

- appr oved sections of Chapters 62

- 204, 62

- 210

, 62

- 212, 62

- 243, 62

- 252, 62

- 256, 62

- 296 and 62

- 297, F.A.C., to the extent such rule sections provide a permitting program as required under P arts C and D of the CAA for pollutant

- emitting activities that contribute to PM 2.5 concentrations in the ambient air.

• Statutes: S ection 403.061(6), F lorida S tatutes , which requires DEP to “ [e] xercise general supervision of the administration and enforcement of the laws, rules, and regulations pertaining to air and water pollutio n”; S ection 403.061(14) , F lorida S tatutes , 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 o f air pollution....” ( with the definition of pollution provided in S ection 403.031(7) , F lorida S tatutes ); S ection 403.087 , F lorida S tatutes , which provides specific require ments for implementation of a permit system for operation of reasonably expected sources of air pollution ; and S ection 403.121, Florida Statutes, which authorizes DEP to seek judicial and administrative remedies for violations.

• Note 1 : The “nonattainment new source review” part of this element is outside the scope of this infrastructure submittal because it pe rtains to P art D in T itle I of the CAA, which addresses SIP requirements and submission deadlines for designated nonattainment areas for NAAQS.

• Note 2 : SIP

- approved R ules 62

- 210.300

, F.A.C. ( “ Permits Required ” )

, and 62

- 212.300

, F.A.C. (“ General Preconstruction Review Requirements ”) , collectively establish Florida’s minor source permitting program.

• Note 3 : On June 15, 2012, EPA approved a SIP revision that modified Florida’s NSR/PSD program to recognize nitrogen oxide (NO X ) as an ozone precursor ( 77 F ed. R eg. 35862).

• Note 4 : On September 19, 2012, EPA approved a SIP revision that modified Florida’s NSR/PSD permitting regulations to adopt, into Florida’s SIP, federal NSR / PSD requirements for PM 2.5 implementation and PSD increments (77 Fed. Reg. 58027)

.

• Note 5 : On May 19, 2014 , EPA approved Florida’s Greenhouse Gas (GHG) SIP (79 F ed. R eg. 28607). Florida’s GHG SIP incorporates into Florida’s existing, federally

- approvedState of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 5 of 23 New Source Review permitting program required elements relating to the review and permitting of GHG emissions and allows DEP to issue PSD permits for GHGs.

110(a)(2) (D) (i)

– Interstate transport: SIP s must include provisions prohibiting any source or other type of emissions activity with in the state emitting any air pollutant in amounts which will : ( I ) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such primary or secondary NAAQS ; or ( II ) interfere with measures required to be included in any other s tate’s SIP to prevent significant deterioration of air quality or to protect visibility

.

S ection (2)(D)(i)(I) : DEP has concluded that emissions of pollutants from Florida sources do not contribute to nonattainment, or interfere with maintenance of attainment of the 2012 PM 2.5 NAAQS in any other state. This conclusion is based , in part, on the distance to any PM 2.5 nonattainment areas in other states and Florida’s general emission and concentration characteristics, and in part on historic, but relev ant, air q uality modeling performed by EPA in support of the Cross State Air Pollution Rule (CSAPR) for the purpose of determining state

to

- state contributions of emissions in one state on the PM 2.5 concentration in another state

. 3

The designated PM 2.5 n onattainment areas in other states are located over 1,000 kilometers from t he northern border of Florida. In addition, m ost of Florida’s direct and precursor emissions for PM 2.5 are emitted in central and s outh Florida, which is even farther away from these designated nonattainment areas

. PM 2.5 levels throughout the s outheast are in compliance with the annual PM 2.5 standard and Florida’s PM 2.5 levels are the lowest in this area. Florida emissions are clearly not contributing to nonattainment or in terfering with maintenance within the state where these emissions would have their greatest influence, and this influence would decrease with distance outside of the state. In addition, e missions of PM 2.5 precursors have declined significantly over the pa st decade

– in particular

, sulfur dioxide (SO 2 ) emissions, which have declined by 70 percent, and nitrogen oxides (NOx) emissions, which have declined by 50 percent. These reductions are l ower ing Florida’s potential contribution to areas outside the state.

To further substantiate Florida’s non

- contribution to PM 2.5 nonattainment areas, DEP points to recent modeling produced by EPA in support of CSAPR

. Although this modeling specifically addressed a different PM 2.5 NAAQS, the modeling itself is independen t of which PM 2.5 standard is being evaluated. This modeling represents the most recent analysis of state

- to

- state contribution s to PM 2.5 concentrations by EPA. These contributions were based on a projected 2012 emissions inventory

, which DEP believe s is re prese ntative of current conditions. Based on these data, Florida’s contribution to any of the declared nonattainment areas for the newly promulgated PM 2.5 annual NAAQS is less than 0.013 μ g/m 3

, or about 0.1% of the standard. Further, where Florida’s contribution in any other state is greater than 1% of the NAAQS (the nominal level of significance), the existing design values in those states are well below the level of the standard, such that Florida’s contribution does not interfere w ith the state’s ability to attain the standard

. DEP believes that any new modeling containing updated inputs would

3 See federal docket for the C ross State Air Pollution Rule ( EPA

- HQ

- OAR

- 2009

- 0491 ), and the EPA CSAPR web site at http://www.epa.gov/airtransport/CSAPR/techinfo.html

.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 6 of 23 not show substantially different contributions, and would certainly not be of the order o f ten times more, the increase necessary for Florida sources to be considered significant.

S ection (2)(D)(i)(II) :

• Rules: SIP

- approved sections of Chapters 62

- 204, 62

- 210, 62

- 212 and 62

- 296, F.A.C., to the extent such rule sections provide for implementation of a permitting program as required under P arts C and D of Title I of the CAA for pollutant

- emitting activities that contribute to PM 2.5 concentrations in the ambient air.

• Statutes: S ection 403.061(14), F lorida S tatutes , which authorizes DEP to “[e] stablish a permit system whereby a permit may be r equired for the operation, construction

, or expansion of any installation that may be a source of air pollution....” (with the definition of pollution provided in S ection 403.031(7), F lorida S tatutes ), and S ection 403.087, F lorida S tatutes , which provides sp ecific requirements for implementation of a permit system for operation of reasonably expected sources of air pollution.

• Note 1 : These requirements have been met through EPA’s full approval of Florida’s regional haze SIP submission on August 29, 2013

, and incorporation of all relevant portions of Florida’s visibility program into the state’s SIP ( 78 F ed. R eg. 53250 )

.

• Note 2 : On June 15, 2012, EPA approved a SIP revision that modified Florida’s NSR/PSD program to recognize nitrogen oxide (NO X ) as an ozone precursor (77 F ed. R eg. 35862).

• Note 3 : On September 19, 2012, EPA approved a SIP revision that modified Florida’s NSR/PSD permitting regulations to adopt, into Florida’s SIP, federal NSR / PSD requirements for PM 2.5 implementation and PSD increments (77 Fed. Reg. 58027)

.

• Note 4: On May 19, 2014 , EPA approved Florida’s Greenhouse Gas (GHG) SIP (79 F ed. R eg. 28607). Florida’s GHG SIP incorporates into Florida’s existing, federally

- approved New Source Review permitting program required elements relating to the review and permitting of GHG emissions and allows DEP to issue PSD permits for GHGs.

110(a)(2)(D)(ii)

– Interstate and international transport provisions: SIP s must include provisions e nsuring compliance with the applicable requirements of CAA S ect ions 115 or 126(b)

.

• Rules: SIP

- approved sections of Chapters 62

- 204, 62

- 210 and 62

- 212, F.A.C., require any new major source or major modification to undergo PSD or N onattainment NSR permitting and thereby provide notification to other pote ntially affec ted federal, state and local government agencies

.

• Statutes: Section 403.061(14), Florida Statutes , 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 b e a source of air pollution....” (with the defin ition of pollution provided in S ection 403.031(7), Florida Statutes ), and S ection 403.087, Florida Statutes

, provides specific requirements for implementation of a permit system for operation of reasonably expe cted sources of air pollution.

110(a)(2)(E)

– Adequate resources and authority, conflict of inte rest and oversight of local government : States must provide for adequate personnel, funding and legal authority under state law to carry out its SIP and related issues

, comply with conflict

- of

- i nterest requirements under CAA S ection 128 and ensure adequate oversight of any local government agency responsible for implementation of any SIP provision

.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 7 of 23 • Statutes: Florida has adequate resources and authority to carry out its SIP and related activities

. Chapter 403, Florida Statutes, is Florida’s primary environmental control statute. Specifi cally, 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.” Section 403.061(2), Florida Statutes , authorizes DEP to hire “ employees as may be necessary to effectuate the responsibilities of the department

. ” Section 403.061(4), Florida Statutes

, authorizes DEP to “ [s] ecure necessary scientific, technical, research, administrative, and operational services by interagency agreement, by contract, or otherwise

. ” S ection 403.182, Florida Statutes , authorizes local pollution control programs but only if they are approved by DEP as adequate, and remain adequate, to meet Chapter 403 requirements

. S ection 320.03(6), Florida Statutes , 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

. S ection s 112.3143(4) and 112.3144, F lorida Statutes, both of which have been adopted and incorporated into Florida’s SIP and, together, require d isclosure of conflicts of interest by public officials consisten t with the requirements of CAA S ection 128

.

• Note: DEP understands that when EPA does a completeness determination and final approval for any SIP submittal, it implicitly determines that the requirements of CAA S ection 110(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 deemed complete, a ny local and regional implementation plans must be submi tted 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: SIP s must provide for the establishment and operation of emissions monitoring systems by source owners or operators, and for the submi ssion 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 PM 2.5 concentrations in the ambient air, including requirements for the installation, calibration, m aintenance 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 PM 2.5 emissions in such manner as to allow the
state to correlate such data with applicable emission limitations and c omply with the provisions of EPA ’s Air Emissions Reporting Rule

. Florida’s SIP does not include any provision that would prevent the use of any credible evidence of noncompliance.

• Statutes: Section 403.061(13), Florida Statutes , 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, S ection 403.8055, Florida Statutes , which authorizes DEP to “ [a] dopt rules substantively i dentical to regulations adopted in the Federal Register by the United States Environmental Protection Agency pursuant to federal law....”State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 8 of 23 110(a)(2)(G)

– Emergency powers: S tate s must have authority comp arable to that in S ection 303 of the CAA to address act ivities causing imminent and substantial endangerment to public health and to provide contingency plans to implement such authority.

• Statutes: Section 403.131, Florida Statutes , authorizes DEP to : s eek injunctive relief to enforce compliance with this chapter or any rule, regulation or permit certification, or order; to enj oin any violation specified in S ection 403.061(1) , Florida Statutes (i.e., the failure to obtain a permit or comply with any DEP permit or rule or comply with any Flor ida Statute admi nistered by DEP ) ; and to seek injunctive relief to prevent irrepa rable injury to the air, waters and pr operty, including animal, plant and aquatic life, of the state and to protect human health, safety and welfare caused or threatened by any violation

. ” Se ction 120.569(2)(n), Florida Statutes , authorizes DEP to issue emergency orders to address immediate dange rs to the public health, safety or welfare ; both of which have been

a dopted and incorporated into Florida’s SIP.

110(a)(2)(H)

– Future SIP revisions: States must have 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: Section 403.061(35), Florida Statutes , as previously described in the “Introduction” above, grants DEP the broad authority to implement the CAA . Moreover
, S ection 403.061(9), Florida Statutes , authorizes DEP to “ [a] dopt a comprehensive program for the prevention, control, and abatement of pollutio n of the air ... of the state, and from time to time review and modify such programs as necessary.”

110(a)(2)(I)

– Nonattainment areas: States must meet the applicable requirements of P art D of Title I of the CAA relating to nonattainment areas.

• Note: This element is outside the scope of this infrastructure submittal because it pertains
to P art D of T itle I of the CAA, which addresses SIP requirements and submission deadlines for designated nonattainment areas for NAAQS.

110(a)(2)(J)

– Consult ation with go vernment officials, public n otification of NAAQS violations and compliance with PSD and visibility requirements: States must consult with local governments and federal land managers pursuant to the provisions of S ection 121 of the CAA, provide measures for notifying the public of instances or areas exceeding the NAAQS pursuant to S ection 127 of the CAA and meet the requirements of P art C of Title I 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.

, require intergovernmental consultation, public notice and compliance with the requirements of P art s C and D of Title I of the CAA. SIP

- approved rule C hapters 62

- 204, 62

- 210 and 62

- 212, F.A.C., collectively establish a preconstruc tion, new source permitting program that meets the PSD requirements under P art C of Title I of the CAA for pollutant

- emitting activities that contribute to PM 2.5 conc entrations in the ambient air. N ew major sources and major modifications that are subject to PSD permitting must demonstrate that the source or modification will not cause or contribute to a violation of any NAAQS or PSD increment and provide an analysis of additional impacts of the source or modification, including impacts on visibility. All n e w or modified major sources of PM 2.5 emissions will apply theState of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 9 of 23 Best Available Contr ol Technology (BACT) to reduce PM 2.5 emissions in accordance with the CAA and EPA PSD permitting requirements.

• Statutes: Section 403.061(21), Florida Statutes , 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 po licies of the department” and S ection 403.061(20), Florida Statutes , authorizes DEP to “ [c] ollect and disseminate information ... relating to pollution.”

• Note 1 : 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.

• Note 2: On May 19, 2014 , EPA approved Florida’s Greenhou se Gas (GHG) SIP (79 F ed. R eg. 28607). Florida’s GHG SIP incorporates into Florida’s existing, federally

- approved New Source Review permitting program required elements relating to the review and permitting of GHG emissions and allows DEP to issue Preventi on of Significant Deterioration permits for GHGs.

• Note 3: Florida’s regional haze plan for addressing vi sibility

- impairing pollutants was fully approved by EPA on August 29, 2013 ( see 78 Fed. Reg. 53250)

. This plan ensures that Florida will meet the visibility requirements in P art C of Title I of the CAA

. It should be noted that the Florida Regional Haze Plan does not rely on federal transport rules (either the Clean Air Interstate Rule (CAIR) or the Cross State Air Pollution Rule (CSAPR)) to comply with the visibility regulations.

• Note 4: On June 15, 2012, EPA approved a SIP revision that modified Florida’s NSR/PSD program to recognize nitrogen oxide (NO X ) as an ozone precursor (77 F ed. R eg. 35862).

• Note 5: On September 19, 2012, EPA approve d a SIP revision that modified Florida’s NSR/PSD permitting regulations to adopt, into Florida’s SIP, federal NSR / PSD requirements for PM 2.5 im plementation and PSD increments (77 Fed. Reg. 58027).

110(a)(2)(K)

– Air quality modeling: States must provide for the performance of air quality modeling as required by EPA to predict the effects on air quality of emissions of NAAQS 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. , require use of EPA

- approved modeling of pollutant

- emitting sources that contribute to PM 2.5 concentrations in the ambient air

.

• Statutes: S ection 403.061(13), Florida Statutes , 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 in formation as the department shall prescribe to be filed...

. ” S ection 403.061(18), Florida Statutes

, authorizes DEP to “ [e] ncourage and conduct studies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and co ntrol.”

• 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 co nducted inState of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 10 of 23 accordance with the provisions of 40 CFR Part 51, Appendix W, “Gui deline on Air Quality Models.” DEP agrees to submit any NSR or SIP modeling files to EPA upon request.

110(a)(2)(L)

– Permitting fees: States must assess permitting fees to cover the costs of reviewing, approving, implementing and enforcing major stationary source permits.

• Statutes: Paragraph 403.087(6)(a), Florida Statutes

, directs DEP to “ require a processing fee in an amount sufficient, to the gr eatest extent possible, to cover the costs of reviewing and acting upon any application for a permit...

. ”

• Note 1 : The subject costs are covered by the Air Pollution Control Trust Fund (APCTF)

, which is made up of various funding sources. Within the APCTF is the specific subaccount that contains all Title V fees.

• Note 2 : Funding for the review of PSD and N onattainment NSR permits come from specific fees charged to the permit applicants as well as a portion of the funding coming from license plate (tag) fees collected pursuant to S ection 320.03(6), Florida Statute s

. This funding covers the costs of review, approval, implementation and enforcement of PSD and N onattainment NSR permits and are sufficient to operate Florida’s permitting program.

• Note 3 : Sect ion 403.0872, Florida Statutes , and Chapter 62

- 213, F.A.C., implem ent Florida’s Title V program. The Title V program fees cover the reasonable cost of implementation and enforcement of PSD and N onattainment NSR permits for Title V facilities after the perm its have been issued.

110(a)(2)(M)

– Consultation and participation by affected local entities: States must provide for consultation and participation in SIP development by local political subdivisions affected by the SIP.

• Statutes: S ection 403.061(21), Florida Statutes , 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 provisi ons of this act, rules, or policies of the department.”

• Note 1 : DEP has specific operating agreement s 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.

• Note 2: This requirement is fulfilled, as demonstrated by EPA’s full approval of Florida’s regional haze SIP on August 29, 2013 (78 F ed. R eg. 53250).

* * *State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 11 of 23 APPENDIX A

DEP has consolidated the following regu latory citations reflecting where 110(a)(2)(C) programs are incorporated into the Florida Administrative Code (F.A.C.):

Chapter 62

- 204, F.A.C.

– Rules 62

- 204.340; 62

- 204.500

Chapter 62

- 210, F.A.C.

– Rules 62

- 210.200, 62

- 210.300; 62

- 210.310; 62

- 210.350; 6 2

- 210.360; 62

- 210.370; 62

- 210.550; 62

- 210.650; 62

- 210.700; 62

- 210.900;

Chapter 62

- 212, F.A.C.

– Rules 62

- 212.300; 62

- 212.400; 62

- 212.500; 62

- 212.720

Chapter 62

- 243, F.A.C.

– Rules 62

- 243.300; 62

- 243.500;

Chapter 62

- 252, F.A.C.

– Rules 62

- 252.300;

Chapter 62

- 256, F.A.C.

– Rules 62

- 256.200; 62

- 256.300; 62

- 256.700

Chapter 62

- 296, F.A.C.

– Rules 62

- 296.100; 62

- 296.320; 62

- 296.340; 62

- 296.401; 62

- 296.402; 62

- 296.403; 62

- 296.404; 62

- 296.405; 62

- 296.406; 62

- 296.408; 62

- 296.409; 62

- 296.410; 62

- 296.412; 62

- 296.414; 62

- 296.415; 62

- 296.418; 62

- 296.470; 62

- 296.500; 62

- 296.501; 62

- 296.502; 62

- 296.503; 62

- 296.504; 62

- 296.505; 62

- 296.506; 62

- 296.507; 62

- 296.508; 62

- 296.510; 62

- 296.511; 62

- 296.512; 62

- 296.513; 62

- 296.514; 62

- 296.515; 62

- 296.516; 62

- 296.570; 62

- 296 .600; 62

- 296.601; 62

- 296.602; 62

- 296.603; 62

- 296.604; 62

- 296.605; 62

- 296.700; 62

- 296.701; 62

- 296.702; 62

- 296.703; 62

- 296.704; 62

- 296.705; 62

- 296.706; 62

- 296.707; 62

- 296.708; 62

- 296.709; 62

- 296.710; 62

- 296.711; 62

- 296.712

Chapter 62

- 297, F.A.C.

– Rules 62

- 297.310; 62

- 297.440; 62

- 297.450; 62

- 297.620

For reference purposes, DEP has consolidated on a companion CD

- ROM (attached to this submittal) the following Florida Statutes and non

- SIP rule chapters of the Florida Administrative Code (F.A.C.) referenced and relied upon in Florida’s 2012 PM 2.5 Infrastructure SIP :

Florida Statutes: Sections 112.3143, 112.3144, 120.569, 320.03, 403.031, 403.061, 403.087, 403.0872, 403.121, 403.131, 403.182 and 403.8055, Fla. Stat.

Florida Rules: 62

- 204, 62

- 210, 62

- 296 an d 62

- 297, F.A.C.

* * *State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 12 of 23 Attachment A

– EPA’s Written Comments & DEP’s Response to Comments

EPA’s w ritten comments on DEP’s pre

- hearing submittal of SIP Revision Relating to Section 110(a) Elements of the CAA that meet the requirements of the PM 2.5 NAAQSState of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 13 of 23State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 14 of 23 DEP’s Response to EPA’s Written Comments
EPA’s written comments have been addressed in this Final State Implementation Plan Infrastructure Confirmation for the 2012 Revised NAAQS for PM 2.5

.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 15 of 23 Attachment B

– Public Comments Rec ei ved & DEP’s Response to Comments

Michelin Kelly ’s e - mail ed c o mme n ts on Florida’s Section 110(a) Infrastructure State Implementation Plan Submittal for the 2012 PM 2.5 NAAQS , r eceived October 15, 2015State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 16 of 23 DEP’s Response to Michelin Kelly’s e - mail ed c omments received October 1 5 , 2015

As reflected in the e

- mail communication s incorporated below, on October 16, 2015, DEP transmitted a response e

- mail to Michelin Kelly addr essing each of the five questions as posed

. DEP considers the response s communicated to Michelin Kelly on October 16, 2015, to be complete, and submits the written, e

- mailed response as record of public c omment received and DEP’s response to c omment

.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 17 of 23State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 18 of 23 Phoenix X ’s e - mail ed c omments on Florida’s Section 110(a) Infrastructure State Implementation Plan Submittal for the 2012 PM 2.5 NAAQS, r eceived November 2, 2015State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 19 of 23State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 20 of 23 DEP’s Response to Phoenix X ’s e - mail ed co mments received November 2 , 2015

As reflected in the e

- mail communications incorporated below, on November 2, 2015, DEP transmitted a response e

- mail to Phoenix X addressing the first of the five questions posed.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 21 of 23 With regard to the first question, DEP considers the response communicated to Phoenix X on November 2, 2016, to be complete, and submits that e

- mailed response as record of public

c omment received and DEP’s response to c omment

. With regard to the other four questions posed, DEP stated in the e

- mailed response to Phoenix X that “the Department will address your specific comments in the response to comments section of the final PM 2.5 ISIP submittal to EPA.”State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 22 of 23 Accordingly, DEP has prepared the following responses to Phoenix X’s questions and comments 2 through 5:

DEP Response to Question 2:
The conceptual purpose of an infrastructure SIP submission is to assure that the air agency’s SIP contains the necessary structural requirements for the new or revised NAAQS

. T he infrastructure SIP submission demonstrate s the authority of the responsible air agency to implement the ne w or revised NAAQS that has triggered the need for the infrastructure SIP submission.
Incorporation of references to state rules addresses the requirements of Clean Air Act ( CA A) Section 110(a)(2)(E) by providing assurance that the s tate air agency has and will continue to have adequate authority under s tate law to carry out the implementation plan (and is not prohibited by any provision of federal or s tate law from carrying out such implemen tation plan or portion thereof) and enforce the NAAQS

.
In ac corda nce with 40 CFR 51.231, Florida’s infr astructure SIP submission has identified the provisions of statutory law and implementing administrative regulations that DEP has determined provide the necessary authority, and DEP has submit ted copies of those laws a nd regulations together with the infrastructure SIP submission

. In sum, the legal authority component of Florida’s infrastructure SIP submission for the 2012 PM 2.5 NAAQS provide s assurance that the state retains responsibility for ensuring adequate implementation of SIP obligations with respect to the revised NAAQS.

DEP Response to Question 3:
Appendix A is a list of regulatory citations reflecting where 110(a)(2)(C) programs are incorpora ted into the Flori d a Administrative Code (F.A.C.). SIPs must include a program that provides for enforcement of all SIP measures and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that the NAAQS are achieved, including a permit program as required in Parts C and D of Title 1 of the CAA. The rules are specifically cited as evidence that the State of Florida has adequate regulatory programs for the enforcement of control mea sures and new source review.
The complete list of DEP rules approved and incorporated by reference into Florida’s SIP is published by EPA in the United States Code of Federal Regulations at 40 CFR 52.520(c). The list includes each F.A.C. rule section num ber and effective date, with a corresponding EPA approval date for each rule section.
Appendix A also notes that, for reference purposes, DEP has consolidated on a companion CD

ROM the larger set of Florida Statutes and non

- SIP rule ch apters of F.A.C. referenced in Florida’s 2012 PM 2.5 Infrastructure SIP. This larger set of statutes and rules provides context for the specific rule sections that are approved and incorporated by reference into Florida’s SIP.State of Florida Infrastructure SIP Submittal 2012 PM 2.5 NAAQS Page 23 of 23 DEP Response to Comment 4:

DEP maintains a ver y ro bust air monitoring network that exceeds federal minimum regulatory requirements and is strategically placed to cover over 91% of the 19.8 million people living in Florida, the thir d most populous state in the United States

. Pursuan t to 40 CFR Part 58 Appendix D , the State of Flori da is required to operate 13 Federal Reference Monitor s for the criteria pollutant fine particulate matter ( PM 2.5 ), which is addressed in this Infrastructure SIP submittal. F rom 2013 through 2015, to date , Florida’s approved m onitoring network has included 25 FRMs for PM 2.5

– nearly twice the required minimum. Minimum network requirements are premised upon the need to have sufficient monitor dis tribution throughout the state

. The majority of a mbient air monitors in Florida’s air qualit y network are sited in the most densely populated areas, while

o ther monitors are sited specifically to monitor discrete sources of air pollutio n, like major r oads and industrial facilities. Monitors are located in areas where PM concentrations a re projected to be the highest. Florida’s Monitoring Network P lan is updated annually and is submitted and approved by EPA to assure that the state’s monitoring network meets its objectives of providing comprehensive and accurate ambient air quality data

. The “design value” for PM 2.5 at a specific monitoring location is based on an annual mean of readings at the monitor , averaged over three years. For the years 201 3 through 2015, t o date, the highest design value for PM 2.5 in the state is 8.6 micrograms per cubic meter ( μg/m 3 )

– a level less than 75% of the NAAQS (12 μg/m 3 ). Within the state’s larger metropolitan area s, the average design value is 6.45 μg/m 3

– a level only slightly above 50% of the NAAQS.

DEP Response to Comment 5:
Data completeness is one of the high est priorities for Florida’s ambient air monitoring program. Most NAAQS comparisons req uire a minimum of 75% data completeness, including data for the criteria pollutant fine particulate matter (PM 2.5 ), which is addressed in this Infrastruct ure SIP submittal

. D ata completeness for Florida’s EPA

- approved criteria pollutant network averages 94% for calendar year 2014 and 94% for calendar year 2015, to date.

* * *