State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

Page 1 of 23

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

State Implementation Plan Infrastructure Confirmation for the

2012 Revised National Ambient Air Quality Standard for

Fine Particulate Matter (PM2.5)

Introduction

On December 14, 2012, the United States Environmental Protection Agency (EPA) revised the 

national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). See 78 Fed. 

Reg. 3085 (January 15, 2013). 

Within three years of EPA’s promulgation of a revised NAAQS, states must address basic State 

Implementation Plan (SIP) elements listed under Section 110(a)(2) of the Clean Air Act (CAA), 

including emissions inventories, monitoring, and modeling to assure attainment and maintenance 

of the new or revised NAAQS. See 42 U.S.C. § 7410(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 Section 110(a)(2) elements that cannot be governed by the 

three year timeframe – i.e., Section 110(a)(2)(I), which addresses SIP revisions for nonattainment 

areas, and Section 110(a)(2)(C), to the extent that the section refers to the nonattainment new 

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 Section 110(a)(1) and to ensure that the SIP adequately 

addresses the required infrastructure elements prescribed under CAA Section 110(a)(2).

DEP hereby confirms that the requirements of CAA Sections 110(a)(1) and the infrastructure 

elements required by Sections 110(a)(2)(A)-(M) are adequately addressed in Florida’s existing 

approved SIP with respect to the implementation of the 2012 revised NAAQS for PM2.5. 

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 demonstrates the 

correlation between the Section 110(a)(2) infrastructure elements and the Florida Statutes and SIPapproved 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 requirements, such as “nonattainment SIP” submissions 

required to address the nonattainment planning requirements of Part D of Title I of the CAA; “regional haze 

SIP” submissions required to address the visibility protection requirements of CAA Section 169A; and New 

Source Review (NSR) permitting program submissions required to address the requirements of Parts C and 

D of Title I of the CAA.
State of Florida

Infrastructure SIP Submittal

2012 PM2.5 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 through 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 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/rules/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 PM2.5 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 

reference in Rule 62-204.800, F.A.C. The purpose and effect of each such adopted 

regulation is determined by the context in which it is cited. This rule is referenced in 

the discussion below regarding the requirements in CAA Sections 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 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, and 

circumvention of pollution control equipment. This rule chapter is referenced in the 

discussion below regarding the requirements in CAA Sections 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 

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 [NSR] / 

Prevention of Significant Deterioration [PSD] requirements). This rule chapter is 

referenced in the discussion below regarding the requirements in CAA Sections 

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 PM2.5 NAAQS

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• 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 CAA Sections 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 with emission limiting standards. This rule chapter is referenced in the 

discussion below regarding the requirements in CAA Sections 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 Section 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, compliance assurance, 

enforcement and emergency response. These statutes are essential to Florida’s implementation of 

the PM2.5 NAAQS and are referenced in the discussion below regarding the requirements of CAA 

Section 110(a)(2). For the most part, the 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: SIPs must include enforceable 

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

other related matters.

• Rules: SIP-approved sections of Chapters 62-210, 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 through SIP-approved permits, for 

pollutant-emitting activities that contribute to PM2.5 concentrations in the ambient air.

• Statutes: Section 403.061(9), Florida Statutes, 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, Florida Statutes, 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: SIPs must provide for the establishment and 

operation of ambient air quality monitors, the compilation and analysis 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 permits, for pollutant-emitting activities 

that contribute to PM2.5 concentrations in the ambient air.
State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

Page 4 of 23

• Statutes: Section 403.061(1), Florida Statutes, 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,” Section 403.061(9), Florida Statutes, 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 Section 403.061(11), Florida Statutes, 

which authorizes DEP to “[e]stablish ambient air quality... standards for the state as a 

whole or for any part thereof.”

• Note: Florida’s PM2.5 monitoring network was initially approved by EPA on August 1, 

1998. Florida submits annual updates, which were last approved by EPA on October 29,

2015.

110(a)(2)(C) – Program for enforcement of control measures and new source review: 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.

• Rules: SIP-approved 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 Parts C and D of the CAA for pollutant-emitting activities that 

contribute to PM2.5 concentrations in the ambient air.

• Statutes: Section 403.061(6), Florida Statutes, 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”; Section 403.061(14), Florida Statutes, 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 Section 403.031(7), Florida 

Statutes); Section 403.087, Florida Statutes, which provides specific requirements for

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

pollution; and Section 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 pertains to Part D in Title I of the CAA, which 

addresses SIP requirements and submission deadlines for designated nonattainment areas 

for NAAQS. 

• Note 2: SIP-approved Rules 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 (NOX) as an ozone precursor (77 Fed. Reg. 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 PM2.5 implementation and PSD increments (77 Fed. Reg. 58027).

• Note 5: On May 19, 2014, EPA approved Florida’s Greenhouse Gas (GHG) SIP (79 Fed. 

Reg. 28607). Florida’s GHG SIP incorporates into Florida’s existing, federally-approved 
State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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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: SIPs must include provisions prohibiting any source or 

other type of emissions activity within 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 state’s SIP to prevent significant deterioration of air quality or to protect 

visibility.

Section (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 PM2.5 

NAAQS in any other state. This conclusion is based, in part, on the distance to any PM2.5 

nonattainment areas in other states and Florida’s general emission and concentration 

characteristics, and in part on historic, but relevant, air quality modeling performed by EPA in 

support of the Cross State Air Pollution Rule (CSAPR) for the purpose of determining stateto-state contributions of emissions in one state on the PM2.5 concentration in another state.

3

The designated PM2.5 nonattainment areas in other states are located over 1,000 kilometers 

from the northern border of Florida. In addition, most of Florida’s direct and precursor 

emissions for PM2.5 are emitted in central and south Florida, which is even farther away from 

these designated nonattainment areas. PM2.5 levels throughout the southeast are in compliance 

with the annual PM2.5 standard and Florida’s PM2.5 levels are the lowest in this area. Florida 

emissions are clearly not contributing to nonattainment or interfering 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, emissions of PM2.5 precursors have 

declined significantly over the past decade – in particular, sulfur dioxide (SO2) emissions, 

which have declined by 70 percent, and nitrogen oxides (NOx) emissions, which have declined 

by 50 percent. These reductions are lowering Florida’s potential contribution to areas outside 

the state.

To further substantiate Florida’s non-contribution to PM2.5 nonattainment areas, DEP points to 

recent modeling produced by EPA in support of CSAPR. Although this modeling specifically 

addressed a different PM2.5 NAAQS, the modeling itself is independent of which PM2.5 

standard is being evaluated. This modeling represents the most recent analysis of state-to-state 

contributions to PM2.5 concentrations by EPA. These contributions were based on a projected 

2012 emissions inventory, which DEP believes is representative of current conditions. Based 

on these data, Florida’s contribution to any of the declared nonattainment areas for the newly 

promulgated PM2.5 annual NAAQS is less than 0.013 μg/m3, 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 with the state’s ability 

to attain the standard. DEP believes that any new modeling containing updated inputs would 

 3 See federal docket for the Cross 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 PM2.5 NAAQS

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not show substantially different contributions, and would certainly not be of the order of ten 

times more, the increase necessary for Florida sources to be considered significant. 

Section (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 Parts C and D of Title I of the CAA for pollutant-emitting activities that 

contribute to PM2.5 concentrations in the ambient air.

• Statutes: Section 403.061(14), Florida Statutes, 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 Section 403.031(7), Florida Statutes), and Section 403.087, Florida 

Statutes, which provides specific 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 Fed. Reg. 53250). 

• Note 2: On June 15, 2012, EPA approved a SIP revision that modified Florida’s NSR/PSD 

program to recognize nitrogen oxide (NOX) as an ozone precursor (77 Fed. Reg. 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 PM2.5 implementation and PSD increments (77 Fed. Reg. 58027).

• Note 4: On May 19, 2014, EPA approved Florida’s Greenhouse Gas (GHG) SIP (79 Fed. 

Reg. 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: SIPs must include 

provisions ensuring compliance with the applicable requirements of CAA Sections 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 Nonattainment NSR permitting 

and thereby provide notification to other potentially affected 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 be a source of air pollution....” (with the definition of pollution 

provided in Section 403.031(7), Florida Statutes), and Section 403.087, Florida Statutes, 

provides specific requirements for implementation of a permit system for operation of 

reasonably expected sources of air pollution.

110(a)(2)(E) – Adequate resources and authority, conflict of interest 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-interest requirements under 

CAA Section 128 and ensure adequate oversight of any local government agency responsible for 

implementation of any SIP provision.
State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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• 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. 

Specifically, 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.” Section 

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. 

Section 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. Sections 112.3143(4) and 112.3144, Florida Statutes, both 

of which have been adopted and incorporated into Florida’s SIP and, together, require 

disclosure of conflicts of interest by public officials consistent with the requirements of 

CAA Section 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 

Section 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, 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: SIPs must 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 PM2.5 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 SIPapproved permits; and require reporting of PM2.5 emissions in such manner as to allow the 

state to correlate such data with applicable emission limitations and comply 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, Section 

403.8055, Florida Statutes, 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....”
State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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110(a)(2)(G) – Emergency powers: States must have 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, Florida Statutes, authorizes DEP to: seek injunctive relief to 

enforce compliance with this chapter or any rule, regulation or permit certification, or 

order; to enjoin any violation specified in Section 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 

Florida Statute administered by DEP); 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.”

Section 120.569(2)(n), Florida Statutes, authorizes DEP to issue emergency orders to 

address immediate dangers to the public health, safety or welfare; both of which have been 

adopted 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, 

Section 403.061(9), Florida Statutes, 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)(I) – Nonattainment areas: States must meet the applicable requirements of Part 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 Part D of Title I of the CAA, which addresses SIP requirements and submission 

deadlines for designated nonattainment areas for NAAQS. 

110(a)(2)(J) – Consultation with government officials, public notification 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 Section 121 of the CAA,

provide measures for notifying the public of instances or areas exceeding the NAAQS pursuant to 

Section 127 of the CAA and meet the requirements of Part 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 

Parts C and D of Title I of the CAA. SIP-approved rule Chapters 62-204, 62-210 and 62-

212, F.A.C., collectively establish a preconstruction, new source permitting program that 

meets the PSD requirements under Part C of Title I of the CAA for pollutant-emitting 

activities that contribute to PM2.5 concentrations in the ambient air. New 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 new or modified major sources of PM2.5 emissions will apply the 
State of Florida

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2012 PM2.5 NAAQS

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Best Available Control Technology (BACT) to reduce PM2.5 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 policies of the department” and Section 

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 Greenhouse Gas (GHG) SIP (79 Fed. 

Reg. 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 Prevention of Significant 

Deterioration permits for GHGs. 

• Note 3: Florida’s regional haze plan for addressing visibility-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 Part 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 (NOX) as an ozone precursor (77 Fed. Reg. 35862).

• Note 5: 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 PM2.5 implementation 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 PM2.5

concentrations in the ambient air.

• Statutes: Section 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 information as the 

department shall prescribe to be filed....” Section 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 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 
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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: 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 greatest 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 Nonattainment 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 Section 320.03(6), Florida Statutes. This 

funding covers the costs of review, approval, implementation and enforcement of PSD and 

Nonattainment NSR permits and are sufficient to operate Florida’s permitting program.

• Note 3: Section 403.0872, Florida Statutes, and Chapter 62-213, F.A.C., implement 

Florida’s Title V program. The Title V program fees cover the reasonable cost of 

implementation and enforcement of PSD and Nonattainment NSR permits for Title V 

facilities after the permits 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: 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 policies of the department.”

• Note 1: 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.

• Note 2: This requirement is fulfilled, as demonstrated by EPA’s full approval of Florida’s 

regional haze SIP on August 29, 2013 (78 Fed. Reg. 53250). 

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State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

Page 11 of 23

APPENDIX A

DEP has consolidated the following regulatory 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; 62-210.360; 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 PM2.5 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 and 62-297, F.A.C.

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State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

Page 12 of 23

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

EPA’s written 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 PM2.5 NAAQS
State of Florida

Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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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 PM2.5.
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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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Attachment B – Public Comments Received & DEP’s Response to Comments

Michelin Kelly’s e-mailed comments on Florida’s Section 110(a) Infrastructure State 

Implementation Plan Submittal for the 2012 PM2.5 NAAQS, received October 15, 2015
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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

Page 16 of 23

DEP’s Response to Michelin Kelly’s e-mailed comments received October 15, 2015

As reflected in the e-mail communications incorporated below, on October 16, 2015, DEP 

transmitted a response e-mail to Michelin Kelly addressing each of the five questions as posed.

DEP considers the responses communicated to Michelin Kelly on October 16, 2015, to be 

complete, and submits the written, e-mailed response as record of public comment received and 

DEP’s response to comment.
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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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Phoenix X’s e-mailed comments on Florida’s Section 110(a) Infrastructure State 

Implementation Plan Submittal for the 2012 PM2.5 NAAQS, received November 2, 2015
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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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DEP’s Response to Phoenix X’s e-mailed comments 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. 
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Infrastructure SIP Submittal

2012 PM2.5 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 

comment received and DEP’s response to comment. 

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 PM2.5 ISIP submittal to EPA.” 
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Infrastructure SIP Submittal

2012 PM2.5 NAAQS

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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. The infrastructure 

SIP submission demonstrates the authority of the responsible air agency to implement the new 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 (CAA)

Section 110(a)(2)(E) by providing assurance that the state air agency has and will continue to have 

adequate authority under state law to carry out the implementation plan (and is not prohibited by 

any provision of federal or state law from carrying out such implementation plan or portion 

thereof) and enforce the NAAQS. 

In accordance with 40 CFR 51.231, Florida’s infrastructure SIP submission has identified the

provisions of statutory law and implementing administrative regulations that DEP has determined

provide the necessary authority, and DEP has submitted copies of those laws and regulations 

together with the infrastructure SIP submission. 

In sum, the legal authority component of Florida’s infrastructure SIP submission for the 2012 

PM2.5 NAAQS provides 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 

incorporated into the Florida 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 measures 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 number 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 CDROM the larger set of Florida Statutes and non-SIP rule chapters of F.A.C. referenced in Florida’s 

2012 PM2.5 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 PM2.5 NAAQS

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DEP Response to Comment 4:

DEP maintains a very robust 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 third most populous state in the United States. Pursuant to 40 CFR Part 58 Appendix 

D, the State of Florida is required to operate 13 Federal Reference Monitors for the criteria 

pollutant fine particulate matter (PM2.5), which is addressed in this Infrastructure SIP submittal.

From 2013 through 2015, to date, Florida’s approved monitoring network has included 25 FRMs 

for PM2.5 – nearly twice the required minimum. Minimum network requirements are premised 

upon the need to have sufficient monitor distribution throughout the state. The majority of ambient 

air monitors in Florida’s air quality network are sited in the most densely populated areas, while 

other monitors are sited specifically to monitor discrete sources of air pollution, like major roads 

and industrial facilities. Monitors are located in areas where PM concentrations are projected to be 

the highest. Florida’s Monitoring Network Plan 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 PM2.5 at a specific monitoring location is based on an annual mean of 

readings at the monitor, averaged over three years. For the years 2013 through 2015, to date, the 

highest design value for PM2.5 in the state is 8.6 micrograms per cubic meter (μg/m3) – a level less 

than 75% of the NAAQS (12 μg/m3). Within the state’s larger metropolitan areas, the average 

design value is 6.45 μg/m3 – a level only slightly above 50% of the NAAQS.

DEP Response to Comment 5:

Data completeness is one of the highest priorities for Florida’s ambient air monitoring program.

Most NAAQS comparisons require a minimum of 75% data completeness, including data for the 

criteria pollutant fine particulate matter (PM2.5), which is addressed in this Infrastructure SIP 

submittal. Data completeness for Florida’s EPA-approved criteria pollutant network averages 94% 

for calendar year 2014 and 94% for calendar year 2015, to date.

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