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November 29,2012



### Mr. R. Scott Davis, Chief Air Planning Branch 

### FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400

U. S. Environmental Protection Agency (EPA) -Region 4 61 Forsyth Street SW Atlanta, GA 30303-8960 Dear Mr

. Davis: Re: Update- Corrections to Table ofEPA-Approved Florida Regulations R IC K SC OTr GO V ERNOR JENNIFE R CARROLL LT. G OVERNO R HERSCHEL T. VINYARD JR. SE CRE TAR Y



### On April 9, 2012, as part of our efforts to update and streamline Florida's 

### air rules, we wrote 

### to request that EPA correct apparent errors in the table of SIP-approved rules at 40 CFR 52.520 at its earliest convenience. Recently, we discovered another rule (62-296.413, F.A.C.) that appears to be listed in the table by mistake. Therefore, we are hereby updating our list ofrequested corrections to include the removal ofthis rule from the table (see new item 4, below). The table of approved regulations was promulgated by EPA on June 16, 1999 (64 FR 32348) 

### to list certain Florida rules the agency was approving and incorporating into Florida's State Implementation Plan (SIP) on that date, plus 

### all Florida rules the agency considered 

### to have been incorporated into the SIP up to that date. New and amended rules approved and incorporated into the SIP by EPA after June 16, 1999, have been added 

### to the table upon their approval in the Federal Register. We commend EPA for creating this table. It is an extremely useful tool, and our purpose in writing is to make it even more useful by asking that the items we believe to be in error be corrected. Based on the July 1, 2011, version ofthe table as printed in the CFR, the items in question are: 1. Rules 62-210.300. 62-210.310. 62-210.920, 62-252.200, 62-252.300, 62-252.400, 62- 252.500, 62-296.418, F.A.C. These rules are listed in the table as EPA-approved rules, each with a state-effective date of"9/4/06." According to our records, all ofthese rules were last approved by EPA on June 1, 2009 (74 FR 26103) as part ofthe agency's approval ofour May 31, 2007, "Gasoline Vapor Recovery" proposed SIP revision. Accordingly, the stateeffective date of each ofthese tule sections, as last approved by EPA, should be "5/9/07." We have traced the problem to our SIP submittal in which we erroneously listed the "9/4/06" 

### date in the table of contents while showing the correct effective date, "5/9/07," in other parts ofthe submittal

. We also missed the error when it first appeared in the Federal Register. Note: all of these rule sections, except Rule 62-296.418, F.AC, will be submitted 

### to EPA for approval of further rule amendments or removals from the SIP during the coming year.

### Mr. R. Scott Davis November 29, 2012 Page2 

# •

2. Rules 62-242.100 through 62-242.900 (i.e

.. entire Chapter 62-242. F.A.C). This rule chapter sets forth emission standards and 

### test procedures for Florida's long-defunct motor vehicle inspection/maintenance program (MVIP). 

### In 2001 and 2002, EPA approved the removal from the SIP of any emission reduction credits from the motor vehicle inSpection program (see chronology below). The program itselfwas terminated by the Florida legislature on July 1, 2000, in all six counties where it operated. At the same time, the legislature repealed the statutory authority for the program. The MVIP was not mandated by the Clean 

### Air Act, so its removal from the SIP did not trigger any anti-backsliding concerns. Since EPA has already backed out the MVIP emission reductions from Florida's SIP, we would like to simply request that Chapter 62-242 also be removed from the table ofEPA-approved rules.

Removal ofMotor Vehicle Inspection Program Emission Reduction Credits from the Tampa Bay Area Ozone Maintenance Plan -Proposed SIP Revision 2000-02 08/15/02 SIP revision approved by EPA (direct final), effective 10/15/02 (67FR53314) 08/29/00 Proposed SIP revision submitted to EPA Removal of Motor Vehicle Inspection Program Emission Reduction Credits from Southeast Florida and Duval County Ozone Maintenance Plans- Proposed SIP Revision 1999-05 08/02/01 SIP revision approved by EPA, effective 9/4/01 (66FR40137) 07/20/00 Public hearing held by EPA 01/18/00 Technical amendments to proposed SIP revision submitted to EPA 12/10/99 Proposed SIP revision submitted to EPA 

### 3. Rules 62-297.411. 62-297.412. 62-297.413. 62-297.415, 62-297.416, 62-297.417. 62- 296.423. F.A.C. These rules are listed in the table as EPA-approved rules with stateeffective dates of 10/15/92 or 11/23/94. However, these seven rules, along with six additional rules (62-297.414, 62-297.418, 62-297.419, 62-297.421, 62-297.422, 62-297.424) were repealed effective 111/96 and requested to be removed from Florida's SIP as part of an April 15, 1996, proposed SIP revision entitled "Amendments to Florida Administrative Code Chapters 62-210, 62-212, 62-296, 

### & 62-297," retroactively designated SIP revision 1996-02. This was one oftwo proposed SIP revisions submitted to EPA on April 15, 1996, both of which appear to have been considered by the agency in its June 16, 1999, direct final action (64 FR 32348) 1 • 

### Despite the requested removal from the SIP of all13 ofthe abovementioned rule sections in Chapter 62-297, F.A.C., only six ofthe rules were actually excluded from the table. Without explanation, the remaining seven rules (the underlined group) were included in the table and remain there today, apparently in error. Neither EPA

1 

### The. second proposed SIP revision submitted to EPA on April 15, 1996, was entitled "Amendments to Florida Administrative Code Chapters 62-204, 62-210, 62-212, 62-272, 62- 273, 62-275, 62-296, and 62-297" (retroactively designated SIP revision 1996-03) and included various rule repeals and conforming amendments undertaken as part of a rule reduction exercise ordered by the Governor ofFlorida at the time. All rule amendments included in this second submittal had a state-effective date of3/13/96 and, with the exception of Rule 62-296.413, F.A.C. (see item 4), appear to have been properly accounted for 

### in the table ofEPA-approved regulations at 40 CFR 52.520 as promulgated June 16, 1999.
www.deo.state.fl. us

### Mr. 

### R. Scott Davis November 29, 2012 Page3

nor the state noticed this discrepancy involving Chapter 62-297, F.AC., at the time ofEPA's promulgation ofthe table. 4

. Rule 62-296.413, F.A.C

. This rule is listed in the table as an EPA-approved rule with a stateeffective date of3/13/96. 

### It was mistakenly listed by DEP as a "SIP-related" rule in the April 15, 1996, proposed SIP revision entitled "Amendments to Florida Administrative Code Chapters 62-204, 62-210, 62-212, 62-272, 62-273, 62-275, 62-296, and 62-297," retroactively designated SIP revision 1996-03 (see footnote 1 ). The rule (originally numbered subsection 17-2.600(13), F.A.C.) was adopted with a state-effective date of7/9/89 for the sole purpose ofcontrolling acrylonitrile emissions from synthetic organic fiber production facilities in northwest Florida. Since the rule was concerned only with emissions of a toxic air 

### pollutant, it was never submitted to EPA for approval and incorporation into the SIP. 

### It was, however, listed in the above-mentioned proposed SIP revision along with all other rules that had 

### been simultaneously amended as part ofthe Governor's rule reduction exercise. 

### In the SIP submittal, DEP identified the specific rule amendments that 

### were not part ofthe existing SIP and were not intended for incorporation into the SIP; unfortunately, DEP failed to note that Rule 62-296.413, F.A.C., was not a SIP-related rule. Neither EPA nor the state 

### noticed this mistake at the time ofEPA's promulgation ofthe table. Below is a copy ofthe portions ofthe table at 40 CFR 52.520 showing, by highlight, the corrections we believe should 

### be made, updated to include removal of Rule 62-296.413, F.A.C.

EPA-Approved Florida Regulatlona
State EPA Stat. citation effective approval

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### Mr. R. Scott Davis November 29, 2012 PageS Thank 

### you for your attention to 

### this request. If

### you have any questions about it, please contact me at (850) 717-9021 or by e-mail at larry.george@dSJ.state.fl.us. Sincerely,

# c!~~rc-- Lawrence A. George, Program Administrator Division ofAir Resource Management

cc: Chad Stevens, Administrator, Regulatory Reform & 

### Legislative Coordination Section, Division ofAir Resource Management

www,dep state.fl. us