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### FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400 By US. Mail and e-mail transmittal to Benjamin.Lynorae@epa.gov May 28,2014 Lynorae Benjamin, Chief, Regulatory Development Section Air Planning Branch Air, Pesticides & Toxics Management Division U. S. Environmental Protection Agency, Region 4 61 Forsyth Street, SW Atlanta, GA 30303-8960 RI CK SCOTT GOVERNOR CARLOS L OPEZ-CANTERA LT. GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY

Re: Supplemental information for pending ISIPs

- FL-116, FL-124, and FL-128 DearMs. Benjamin: In recent discussions with members ofthe EPA Region 4 Air Planning Branch staff(EPA), the Florida Department ofEnvironmental Protection (DEP) was asked to provide supplemental information in support ofthree pending Infrastructure State Implementation Plans (ISIPs) (FL116, FL-124, and FL-128). DEP hopes that the attached materials and information will facilitate a quick and efficient review and approval ofthese pending ISIPs. In the interest ofaddressing all ofEPA's requests in a clear and organized fashion, we have prepared the following list ofEPA's requests and DEP's responses: 

### EPA Request 1: EPA requests that Florida supplement its 11O(a)(1) and (2) Infrastructure SIP submittals for the 2008 Lead NAAQS, the 2010 N02 NAAQS, and the 2010 S02 NAAQS with a CD I orwebsite links containing the text ofany non-SIP rules and/or Florida Statutes referenced and relied upon in the ISIP. 

### DEP Response 1: DEP has consolidated the following Florida Statutes (Fla. Stat.) and non-SIP rule chapters ofthe Florida Administrative Code (F.A.C.) referenced and relied upon in Florida's ISIPs for the 2008 Lead NAAQS, the 2010 N02 NAAQS, and the 2010 S02 NAAQS: Florida Statutes: Sections 112.3143, 112.3144, 120.569,320
.03,403.031, 403.061, 403.087, 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. DEP hereby requests that Florida's ISIP submittals for the 2008 Lead NAAQS, the 2010 N02 NAAQS, and the 2010 S02 NAAQS be amended to incorporate these Florida statutes and rules.

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.dep.statefl.usFlorida- Supplemental information for pending ISIPs

- FL-116, FL-124, and FL-128 Page 2 of5 May28,2014 DEP has uploaded the full texts ofthese Florida statutes and rules into a File Transfer Protocol (FTP) website accessible at the following web address: http:/ /publicfiles.dep.state.fl.us/DARM/Public/EPA%20ISIP%20Supplemental%2 Oinformation%202014/ DEP has also prepared a companion CD-ROM containing these same files, which is attached to this letter. EPA Request 2: With specific regard to Florida's Minor Source Program, EPA requests that Floridaprovide regulatory citations for where 110(a)(2)(C) programs are incorporated into the Florida Administrative Code (F.A.C.). DEPResponse 2: DEP has consolidated the following regulatory citations reflecting where 110(a)(2)(C) programs are incorporated into the F.A.C.).rule chapters ofthe 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; 62-243.700 Chapter 62-252, F.A.C.

- Rules 62-252.300; 62-252.500; 62-252.900 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; 62-297.400; 62-297.401; 62- 297.440; 62-297.450; 62-297.620

11'1 1'11'.dcp. statcjl.usFlorida

- Supplemental information for pending ISIPs

- FL-116, FL-124, and FL-128 Page 3 of5 May 28,2014 EPA Request 3: With regard to Florida's Greenhouse Gas SIP submitted to EPA in 2013 and pending approval, EPA requests that Floridaprovide a clarifying statement to supplement its 110(a)(1) and (2) Infrastructure SIP submittals for the 2008 Lead NAAQS, the 2010 N02 NAAQS, and the 2010 S02 NAAQS. DEP Response 3: DEP requests that the ISIP submittals for the 2008 Lead NAAQS, the 2010 N02NAAQS, and the 2010 S02 NAAQS be amended to include the following statement: "Florida's Greenhouse Gas State Implementation Plan (GHG SIP) was submitted to EPA Region 4 onDecember 19,2013. EPA's approval ofFlorida's GHG SIP was noticed inthe Federal Register on May 19, 2014 (79 FR 28607). Florida's GHG SIP incorporates into Florida's existing, federally-approved New Source Review permittingprogram required elements relating to the review and permitting ofGHG emissions and allows the Florida Department of Environmental Protection to issue Prevention ofSignificant Deterioration permits for GHGs." EPA Request 4: With regard to the requirements ofCAA section 110(a)(2)(D), EPA requests that Floridaprovide a supplemental statement for its N02 and S02 !SIPs regarding the Clean Air Interstate Rule (CAIR), al,ong with any related provisions in Chapter 62-296, F.A.C., which may provide for implementation ofCAIR. EPA requests that Florida state that itis withdrawing any "reliance on CAIR" provisions inthe N02 and S02 ISIPs. DEP Response 4: DEP withdraws any statement orprovision in the N02 or S02 ISIP that expressly or impliedlyrepresents that Florida is relying on CAIR in order to meet the state's infrastructure requirements under CAA section 110(a)(2)(D). DEP further requests that the 110(a)(2)(D) component ofFlorida's ISIP submittals for the 2010 N02 NAAQS, and the 2010 S02 NAAQS be amended to include the following statement: "OnAugust 29, 2013, EPA finalized its full approval ofFlorida's Regional Haze State Implementation Plan for addressing visibility-impairing pollutants under Florida's SIP (78 FR 53250). To ensure that Florida will not interfere with visibility protection in other states, Florida's Regional Haze SIP replaces reliance onthe Clean Air Interstate Rule (CAIR) to satisfy the best available retrofit technology (BART) and reasonable progress requirements for the state's affected EGUs with case-by-case BART and reasonable progress control analyses. Florida does not relyupon any CAIRprovisionreferenced within Chapter 62-296, F.A.C., in order to meet the state's infrastructure requirements under CAA section 110(a)(2)(D)." EPA Request 5: With regard to the requirements ofCAA section 110(a)(2)(L), EPA requests that DEP provide supplemental information onthe structure ofFlorida's Air Pollution Control Trust Fund
.

11'1l'l\'.di!p
.stmi!fl.usFlorida

- Supplemental information for pending ISIPs

- FL-116, FL-124, and FL-128 Page 4 of5 May28, 2014 DEP Response 5: The AirPollution Control Trust Fund (APCTF) is the depository for all funds for the operation ofthe Division ofAirResource Management. Within the APCTF is the specific subaccount that contains all Title V fees. Each ofEPA's specific questions, as detailed in an e-mail from Nacosta Ward to Preston McLane entitled "Follow up on 110(a)(2)(L)," dated April1, 2014, and DEP'sresponses to these questions are presentedbelow: EPA Question 1: Does all ofthe funding for review ofPSD and NNSR permits come from permit specific fees charged to the permit applicant? Ifno, please identify other funding sources (i.e. tax, grant, legislative appropriations operating permit fees or other sources) that cover review, implementation and enforcement ofPSD and NNSRpermits. This will include citing all relevant regulations (state, statute or SIP-approved) that legally require these type offunding sources. Specific fee amounts are not required for documentation. DEPAnswer to Question 1: No, not all ofthe funding for review ofPSD and NNSR permits comes from permit specific fees charged to the permit applicants. A portion ofthe funding comes from license plate (tag) fees collected pursuant to Subsection 320.03(6), Fla. Stat. EPA Question 2: In addition to the state regulations identified in DEP's infrastructure submissions, are there other SIP-approved or statutoryprovisions that legallyrequire PSD andNNSRpermit applicants to pay a specific fee to cover review, implementation and enforcement ofpermit applications? Ifyes, please cite these regulations for 110(a)(2)(L). Explicitly state that the fees being charged to PSD and NNSR permit applicants reflect the reasonable cost of review, approval, implementation and enforcement ofPSD and NNSRpermits and are sufficient to operate the state's permittingprogram. DEP Answer to Question 2: No, there are no additional provisions that legally require PSD and NNSR permit applicants to pay a specific fee to coverreview, implementation and enforcement ofpermit applications other than the state regulations identified in FDEP's infrastructure submissions. The fees charged to PSD and NNSRpermit applicants reflect the reasonable costs ofreview, approval, implementation and enforcement ofPSD and NNSRpermits and are sufficient to operate Florida's permittingprogram. In addition, DEP's Air Program receives

### a set amount ($1.00 per license plate) infees through its tag fee program. EPA Question 3: Please include the regulatory citation for the state's Title V program. Additionally, include a statementthat the Title V program fees cover the reasonable cost ofimplementation and enforcement ofPSD and NNSR permits after theyhave been issued.

1\'1\'\\'.dep.statefl.usFlorida- Supplemental information for pending ISIPs

- FL-116, FL-124, and FL-128 Page 5 of5 May28,2014 DEPAnswer to Question 3: Section 403.0872, Fla. Stat., and Chapter 62-213, F.A.C., implement Florida's Title V program. The Title V program fees cover the reasonable cost ofimplementation and enforcement ofPSD and NNSRpermits for Title V facilities after the permits have been issued. Thank you for your continued support ofour efforts to fully implement the Clean Air Act in Florida. Ifyou have any questions regarding the information presented in this letter orthe attached materials, please feel free to contact mebyphone at (850) 717-9089 orby e-mail at Preston.McLane@dep.state.fl.us
. Sine

Preston ane, nvi ntal Administrator Office ofBusiness Planmng DEP Division ofAir Resource Management Attachments
cc: NacostaWard, EPA Region 4 Ward.Nacosta@epa.gov

PM/ emRichard Wong, EPA Region 4 Wong.Richard@epa.gov

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