, . .. 

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 of EPA-Approved Florida Regulations 

RICK SCOTr 

GOVERNOR 

JENNIFER CARROLL 

LT. GOVERNOR 

HERSCHEL T. VINYARD JR. 

SECRETARY 

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 of requested 

corrections to include the removal of this 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 of the 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 of these rules were last 

approved by EPA on June 1, 2009 (74 FR 26103) as part of the agency's approval of our 

May 31, 2007, "Gasoline Vapor Recovery" proposed SIP revision. Accordingly, the stateeffective date of each of these 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 

of the 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 itself was 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 of EPA-approved rules. 

Removal of Motor 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 of two 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 of the abovementioned rule sections in Chapter 62-297, F.A.C., only six of the 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 of Florida 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 of EPA-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 of EPA's 

promulgation of the 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 of controlling 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 of the Governor's rule reduction 

exercise. In the SIP submittal, DEP identified the specific rule amendments that were not part 

of the 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 of the table. 

Below is a copy of the portions of the 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 

(Section) Tttlelsubject data data Explanation 

Chapter 62-210 Stationary Soui'CM-General R8qulrementa 

62-210.300 Permits Required ioi4.QOOI 06/01109 

51912007 74 FR 26103 

2-210.310 Air General Permits 9J4.QOQI 06/01/09 

5/912007 74 FR 26103 

62-210.920 Air General Permit Forms al4.QOOI 06/01/09 

51912007 74 FR 26103 

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Mr. R. Scott Davis 

November 29,2012 

Page4 

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www.den.state.ll. us 
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 of Air Resource Management 

cc: Chad Stevens, Administrator, Regulatory Reform & Legislative Coordination Section, 

Division of Air Resource Management 

www,dep state. fl. us