STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

NUMBER 2010-01

Regional Haze Plan

SIP Transmittal

March 19, 2010

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STATE IMPLEMENTATION PLAN SUBMITTAL

NUMBER 2010-01

 

REGIONAL HAZE PLAN

SIP Transmittal

TABLE OF CONTENTS

SUBJECT PAGE

Letter of Submittal........................................................................................................................ 1

Executive Summary ...................................................................................................................... 5

Response to 40 CFR Part 51, Appendix V, Criteria ................................................................ 11

Statutory Authority .................................................................................................................... 13

403.061, F.S...................................................................................................................... 15

Materials to be Incorporated into State Implementation Plan (SIP)..................................... 23

Public Hearing/Comment Opportunities.................................................................................. 25

Response to 40 CFR 51.102 Requirements................................................................... 27

Notice of 40 CFR 51.102 Hearing - FAW - BART Rule .............................................. 29

Notices of 40 CFR 51.102 Hearing - Newspaper Affidavits - BART Rule................. 33

Public Information Package Transmittal Memos to District Offices and Local Air 

Programs - BART Rule .................................................................................................. 37

Pre-Hearing Notification Letters to Other States - BART Rule................................. 41

Public Hearing............................................................................................................................. 45

Notice of 40 CFR 51.102 Hearing - FAW - Final SIP Proposal .................................. 47

Public Information Package Transmittal Memos to District Offices and Local Air 

Programs - Final SIP Proposal ...................................................................................... 49

Notice of SIP to other States and Federal Land Managers......................................... 51

EPA Comments - Final SIP Proposal............................................................................ 52

DEP Response to EPA Comments – Final SIP Proposal............................................. 56
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State Administrative Materials.................................................................................................. 59

Rule 62-296.340 – Best Available Retrofit Technology (BART), Effective 1/31/07 .............. 61

Notice of Rule Development (8/25/06)........................................................................... 63

Joint Administrative Procedures Committee (JAPC) Letter (11/22/06).................... 65

Office of Tourism and Economic Development Letter (11/22/06).............................. 66

Federal Comparison Statement (11/22/06) ................................................................... 67

Notice of Proposed Rulemaking (11/22/06)................................................................... 67

JAPC Letter of No Change (12/20/06)........................................................................... 71

Rule Certification Letter (1/11/07) ................................................................................ 72

Rule Certification Statement (1/11/07).......................................................................... 73

Summary of Rule (1/11/07) ............................................................................................ 75

Detailed Statement of Facts Circumstances (1/11/07).................................................. 76

Summary of Hearing (1/11/07) ...................................................................................... 78

Rule 62-296.341- Regional Haze – Reasonable Progress Control Technology, Effective 

2/7/08 ............................................................................................................................................ 79

Notice of Rule Development (5/25/07)........................................................................... 81

Joint Administrative Procedures Committee (JAPC) Letter (11/2/07)...................... 82

Statement of Estimated Regulatory Costs (12/4/07) .................................................... 83

Federal Comparison Statement (5/25/07) ..................................................................... 94

Detailed Statement of Facts and Circumstances (5/25/07).......................................... 95

Notice of Proposed Rulemaking (11/2/07)..................................................................... 97

JAPC Letter of No Change (1/11/08)........................................................................... 100

Rule Certification Statement (1/18/08)........................................................................ 101

Summary of Rule (1/18/08) .......................................................................................... 107

Summary of Hearing (1/18/08) .................................................................................... 108

 
1

Letter of Submittal
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3

EXECUTIVE SUMMARY
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Executive Summary

EXECUTIVE SUMMARY

SIP SUBMITTAL NUMBER 2010-01

REGIONAL HAZE PLAN

Introduction

Pursuant to the requirements of sections 169A and 169B of the federal Clean Air Act and U.S. 

Environmental Protection Agency (EPA) implementing regulations at 40 CFR 51.308, the State 

of Florida, Department of Environmental Protection (DEP), has developed a regional haze plan 

for approval by EPA as a proposed revision to Florida’s State Implementation Plan (SIP). The 

proposed SIP revision represents commitments and enforceable actions taken by the state 

affecting reasonable progress during the ten-year period from 2008 to 2018 towards the goal of 

attaining natural visibility conditions in Florida’s designated federal “Class I areas” by 2064. It 

also provides for the implementation of Best Available Retrofit Technology (BART).

Florida’s regional haze plan includes rules, permits, technical analyses, and commitments 

addressing the requirements of the federal regulations. These required elements are contained in 

the documents labeled “Regional Haze Plan for Florida Class I Areas” and “Exhibits 1, 2, and 

3,” respectively. 

SIP Submittal Package

This SIP submittal package consists of three hard-copy documents and a CD-ROM. This 

document, “SIP Transmittal,” contains administrative items related to the SIP development 

process, including DEP’s response to EPA’s comments on the final pre-hearing submittal of the 

proposed regional haze plan. The two hard-copy documents labeled “Regional Haze Plan 

for Florida Class 1 Areas” and “Exhibits 1, 2 and 3,” respectively, contain the actual 

materials to be incorporated into the SIP. The document “Regional Haze Plan for Florida 

Class 1 Areas” is the main narrative portion of the state’s regional haze plan. The document 

“Exhibits 1, 2, and 3” includes the rules and permits to be incorporated into the SIP as well as 

documentation of the interagency consultation process. The rules included in Exhibit 1 and 

proposed for incorporation into the SIP are Rule 62-296.340, F.A.C., “Best Available Retrofit 

Technology,” effective January 31, 2007, and Rule 62-296.341, F.A.C., “Regional Haze –

Reasonable Progress Control Technology,” effective February 7, 2008. The materials contained 

in all of these documents are also on the CD-ROM.

In addition to the above documents, this submittal package includes technical support materials 

in the form of Appendices A through N. While these appendices are not proposed to be 

incorporated into the SIP, they contain background information used in developing the state’s 

regional haze plan. Because of the size of these appendices, only electronic copies are provided 

on the CD-ROM. 
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Elements of the Regional Haze Plan

The primary elements contained in Florida’s regional haze plan are the following:

Regional Haze Plan for Florida Class I Areas

• Reasonable Progress Goals – The state has set reasonable progress goals, in units of 

deciviews, applicable for 2018. These goals represent the progress (visibility 

improvement) expected as a result of implementation of the long-range strategy described 

in the Regional Haze Plan for Florida Class I Areas. (§51.308(d)(1)) 

• Rate of Progress Needed to Attain Natural Visibility Conditions by 2064 – Using the 

current estimate of natural conditions for the best and worst days, the state has determined 

the uniform and predicted rates of progress for each of the Florida Class I areas. 

(§51.308(d)(1) and (2))

• Calculation of Baseline and Natural Visibility Conditions – The state has determined 

baseline (2000 to 2004) visibility conditions and estimated natural visibility levels for 

each Class I area. (§51.308(d)(2))

• Long-Term Strategy for Regional Haze – The state has developed a long-term strategy 

that largely relies on existing rules and programs that are expected to result in significant 

improvements in visibility in Florida’s Class I areas. (§51.308(d)(3)) 

• Monitoring Strategy – The state has submitted a monitoring strategy for measuring, 

characterizing, and reporting regional haze levels. (§51.308(d)(4))

• Requirements for Comprehensive Periodic Revisions of Plans and Mid Planning Period 

Reports – The state has committed to revise its implementation plan for regional haze by 

July 31, 2018, and every ten years thereafter. The state has also committed to evaluate its 

progress midway through each ten-year planning period and make adjustments as 

necessary. (§51.308(g) and (h)).

Exhibits 1, 2, and 3

Exhibit 1: Rules Adopted by the State

• Rule 62-296.340, F.A.C., “Best Available Retrofit Technology,” effective January 31, 

2007. This rule implements the Best Available Retrofit Technology (BART) 

requirements of the federal regulations, incorporating an air construction permitting 

process for “BART-eligible” sources. The rule requires the BART-eligible source to 

complete a “five-factor” analysis as part of a permit application. The determination of 

BART is made by DEP in the context of the permit it issues. (§51.308(e))
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• Rule 62-296.341, F.A.C., “Regional Haze – Reasonable Progress Control Technology,” 

effective February 7, 2008. This rule supports the reasonable progress requirements of 

the federal regulations, incorporating an air construction permitting process for applicable 

sources. The rule requires each source that significantly contributes to visibility 

impairment in any Class 1 area to complete a “four-factor” analysis as part of a permit 

application. The determination of reasonable progress control technology is made by 

DEP in the context of the permit it issues.

Exhibit 2: BART Determinations and Permits

• BART Permits. These air construction permits were issued pursuant to Rule 62-296.340, 

F.A.C. They document and make federally enforceable the state’s BART determinations 

for BART-eligible sources.

• Permits Necessary for BART Exemption. These air construction permits document and 

make federally enforceable the emission limitations and other conditions accepted by 

BART-eligible sources to exempt themselves from the BART determination process.

Exhibit 3: Consultation Materials

• This exhibit contains documentation of DEP’s consultation with the Federal Land 

Manager (FLM), other states, and EPA regarding development of the state’s plan. It 

includes DEP’s response to the FLM’s comments on Florida’s 60-day advance prehearing submittal of the state’s regional haze plan.

SIP Development

On November 13, 2006, DEP gave notice of a public hearing pursuant to 40 CFR 51.102 to 

consider its proposed new rule (Rule 62-296.340, F.A.C.) to implement the Best Available 

Retrofit Technology (BART) provisions of the regional haze program. A pre-hearing submittal 

was transmitted to EPA Region 4. The public hearing was held December 13, 2006, and the rule 

was adopted, effective January 31, 2007. Exhibit 1 contains the adopted rule along with EPA’s 

comments on the pre-hearing draft and DEP’s response. Amendments to Rule 62-204.800, 

F.A.C., were adopted concurrently with new Rule 62-296.340, F.A.C., but are not proposed for 

incorporation into the SIP and are not included in Exhibit 1. Rule 62-204.800, F.A.C., is a 

compendium of EPA regulations adopted by reference solely for purposes of citation in other 

F.A.C. rule sections. It has no independent purpose and effect. 

Exhibit 2 contains the BART permits and other permits that were issued to sources that requested 

limitations necessary to exempt themselves from the BART determination process. The draft 

BART permits were provided to EPA for review and comment. The BART permitting process 

extended from 2007 through late 2009.

On November 2, 2007, DEP gave notice of a public rule adoption hearing to consider its 

proposed new rule (Rule 62-296.341, F.A.C.) to implement the reasonable progress provisions of 
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the regional haze program. Notification of this rulemaking was transmitted to EPA Region 4. A

public hearing was held December 4, 2007, and the rule was adopted, effective February 7, 2008. 

Exhibit 1 contains the adopted rule along with EPA’s comments on the rule draft and DEP’s 

response. Although EPA and the public were given notice of DEP’s proposed adoption of Rule 

62-296.341, F.A.C., the rule adoption hearing was not advertised or conducted as a SIP hearing 

pursuant to 40 CFR 51.102. Instead, DEP elected to provide the opportunity for a SIP hearing on 

this rule as part of the SIP hearing/comment opportunity on the final proposed regional haze SIP.

On August 27, 2009, DEP provided a preliminary draft of the state’s regional haze plan to the 

FLM, EPA, and the states of Georgia, Alabama, and Louisiana for review and comment. This 

action provided the required opportunity for consultation, pursuant to 40 CFR 51.308(i), with the 

FLM at least 60 days prior to DEP’s holding of any public hearing on the plan. The FLM’s 

comments and DEP’s response are contained in Exhibit 3 of this submittal. No comments were 

received from the affected states.

On December 18, 2009, DEP gave notice of the opportunity to submit comments or request a 

public hearing pursuant to 40 CFR 51.102 on its proposal to submit its final regional haze plan to 

EPA for proposed incorporation into the SIP. A pre-hearing submittal was transmitted to EPA 

Region 4. A public hearing was requested and held January 28, 2010. This SIP Transmittal

document contains EPA’s comments on the final pre-hearing submittal and DEP’s response.

Noninterference Demonstration

Section 110(l) of the Clean Air Act prohibits EPA from approving any proposed SIP revision that 

would interfere with any applicable requirement concerning attainment of National Ambient Air 

Quality Standards (NAAQS) and reasonable further progress, or any other applicable requirement

of the Clean Air Act. This proposed SIP revision responds directly to this provision of the Act 

by demonstrating projected reductions in emissions of visibility-impairing pollutants that are also 

criteria or NAAQS precursor pollutants. 
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RESPONSE TO 40 CFR PART 51, APPENDIX V, CRITERIA
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Response to 40 CFR Part 51, Appendix V, Criteria

RESPONSE TO 40 CFR PART 51, APPENDIX V, CRITERIA

Administrative Materials

(a) A copy of the letter of submittal, signed by the Director of the Division of Air Resource 

Management, Florida Department of Environmental Protection (DEP), on behalf of the Governor 

of the State of Florida and transmitted to the Administrator of EPA Region 4, is located at the 

front of this SIP Transmittal document.

(b) This proposed revision to Florida’s State Implementation Plan (SIP) consists of the 

separately enclosed documents labeled “Regional Haze Plan for Florida Class I Areas” and 

“Exhibits 1, 2, and 3,” respectively. Exhibit 1 contains two rules proposed for incorporation into 

the SIP; specifically, Rule 62-296.340, F.A.C., “Best Available Retrofit Technology,” effective 

January 31, 2007, and Rule 62-296.341, F.A.C., “Regional Haze – Reasonable Progress Control 

Technology,” effective February 7, 2008.

(c) The DEP has the necessary legal authority to adopt and implement this proposed revision 

to Florida’s SIP. Pertinent excerpts of the current Florida Statutes may be found in the “Statutory 

Authority” section of this submittal.

(d) Certified copies of all rules and rule amendments, as filed with the Florida Secretary of 

State for adoption into the Florida Administrative Code (F.A.C.), and all other materials intended 

for incorporation into Florida’s SIP are contained in the documents labeled “Regional Haze Plan 

for Florida Class I Areas” and “Exhibits 1, 2, and 3,” respectively.

(e) The DEP has complied with all state procedural requirements in adoption of the rules to 

be incorporated into the SIP. Copies of all documents required under Florida’s Administrative 

Procedures Act may be found in the “State Administrative Materials” section of this submittal.

(f) The DEP has complied with all public hearing requirements of 40 CFR 51.102. Copies 

of all relevant notices, affidavits of publication and notification letters may be found in the 

“Public Hearing/Comment Opportunities” section of this submittal. 

(g) Certification of compliance with all state and federal public notice and hearing 

requirements is provided in the letter of submittal.

(h) Written comments received during the public notice period on this proposed SIP revision

for Florida’s final regional haze plan may be found in the “Public and EPA Comments” section 

of this submittal, along with the DEP’s responses to the comments.

Technical Support

(a) This SIP revision addresses visibility impairing pollutants.

(b) This SIP revision applies statewide.

(c) – (h) These items are addressed in the materials to be incorporated into the SIP.

(i) Not applicable.
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Statutory Authority

STATUTORY AUTHORITY

SECTION 403.061, FLORIDA STATUTES
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403.061, F.S.

403.061 Department; powers and duties.--The department shall have the power and the duty to 

control and prohibit pollution of air and water in accordance with the law and rules adopted and 

promulgated by it and, for this purpose, to: 

(1) Approve and promulgate current and long-range plans developed to provide for air and water 

quality control and pollution abatement. 

(2) Hire only such employees as may be necessary to effectuate the responsibilities of the 

department. 

(3) Utilize the facilities and personnel of other state agencies, including the Department of 

Health, and delegate to any such agency any duties and functions as the department may deem 

necessary to carry out the purposes of this act. 

(4) Secure necessary scientific, technical, research, administrative, and operational services by 

interagency agreement, by contract, or otherwise. All state agencies, upon direction of the 

department, shall make these services and facilities available. 

(5) Accept state appropriations and loans and grants from the Federal Government and from 

other sources, public or private, which loans and grants shall not be expended for other than the 

purposes of this act. 

(6) Exercise general supervision of the administration and enforcement of the laws, rules, and 

regulations pertaining to air and water pollution. 

(7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act. 

Any rule adopted pursuant to this act shall be consistent with the provisions of federal law, if 

any, relating to control of emissions from motor vehicles, effluent limitations, pretreatment 

requirements, or standards of performance. No county, municipality, or political subdivision shall 

adopt or enforce any local ordinance, special law, or local regulation requiring the installation of 

Stage II vapor recovery systems, as currently defined by department rule, unless such county, 

municipality, or political subdivision is or has been in the past designated by federal regulation as 

a moderate, serious, or severe ozone nonattainment area. Rules adopted pursuant to this act shall 

not require dischargers of waste into waters of the state to improve natural background 

conditions. Discharges from steam electric generating plants existing or licensed under this 

chapter on July 1, 1984, shall not be required to be treated to a greater extent than may be 

necessary to assure that the quality of nonthermal components of discharges from nonrecirculated 

cooling water systems is as high as the quality of the makeup waters; that the quality of 

nonthermal components of discharges from recirculated cooling water systems is no lower than is 

allowed for blowdown from such systems; or that the quality of noncooling system discharges 

which receive makeup water from a receiving body of water which does not meet applicable 

department water quality standards is as high as the quality of the receiving body of water. The 

department may not adopt standards more stringent than federal regulations, except as provided 

in s. 403.804.

(8) Issue such orders as are necessary to effectuate the control of air and water pollution and 

enforce the same by all appropriate administrative and judicial proceedings. 

(9) Adopt a comprehensive program for the prevention, control, and abatement of pollution of 

the air and waters of the state, and from time to time review and modify such program as 

necessary. 
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(10) Develop a comprehensive program for the prevention, abatement, and control of the 

pollution of the waters of the state. In order to effect this purpose, a grouping of the waters into 

classes may be made in accordance with the present and future most beneficial uses. Such 

classifications may from time to time be altered or modified. However, before any such 

classification is made, or any modification made thereto, public hearings shall be held by the 

department. 

(11) Establish ambient air quality and water quality standards for the state as a whole or for any 

part thereof, and also standards for the abatement of excessive and unnecessary noise. The 

department is authorized to establish reasonable zones of mixing for discharges into waters. 

(a) When a receiving body of water fails to meet a water quality standard for pollutants set forth 

in department rules, a steam electric generating plant discharge of pollutants that is existing or 

licensed under this chapter on July 1, 1984, may nevertheless be granted a mixing zone, provided 

that: 

1. The standard would not be met in the water body in the absence of the discharge; 

2. The discharge is in compliance with all applicable technology-based effluent limitations; 

3. The discharge does not cause a measurable increase in the degree of noncompliance with the 

standard at the boundary of the mixing zone; and 

4. The discharge otherwise complies with the mixing zone provisions specified in department 

rules. 

(b) No mixing zone for point source discharges shall be permitted in Outstanding Florida Waters 

except for: 

1. Sources that have received permits from the department prior to April 1, 1982, or the date of 

designation, whichever is later; 

2. Blowdown from new power plants certified pursuant to the Florida Electrical Power Plant 

Siting Act; 

3. Discharges of water necessary for water management purposes which have been approved by 

the governing board of a water management district and, if required by law, by the secretary; and 

4. The discharge of demineralization concentrate which has been determined permittable under 

s. 403.0882 and which meets the specific provisions of s. 403.0882(4)(a) and (b), if the proposed 

discharge is clearly in the public interest. 

(c) The department, by rule, shall establish water quality criteria for wetlands which criteria give 

appropriate recognition to the water quality of such wetlands in their natural state. 

Nothing in this act shall be construed to invalidate any existing department rule relating to 

mixing zones. The department shall cooperate with the Department of Highway Safety and 

Motor Vehicles in the development of regulations required by s. 316.272(1). 

(12)(a) Cause field studies to be made and samples to be taken out of the air and from the waters 

of the state periodically and in a logical geographic manner so as to determine the levels of air 

quality of the air and water quality of the waters of the state. 

(b) Determine the source of the pollution whenever a study is made or a sample collected which 

proves to be below the air or water quality standard set for air or water. 

(13) Require 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 relative to pollution. 
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(14) Establish 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 or water pollution and provide for the 

issuance and revocation of such permits and for the posting of an appropriate bond to operate. 

(a) Notwithstanding any other provision of this chapter, the department may authorize, by rule, 

the Department of Transportation to perform any activity requiring a permit from the department 

covered by this chapter, upon certification by the Department of Transportation that it will meet 

all requirements imposed by statute, rule, or standard for environmental control and protection as 

such statute, rule, or standard applies to a governmental program. To this end, the department 

may accept such certification of compliance for programs of the Department of Transportation, 

may conduct investigations for compliance, and, if a violation is found to exist, may take all 

necessary enforcement action pertaining thereto, including, but not limited to, the revocation of 

certification. The authorization shall be by rule of the department, shall be limited to the 

maintenance, repair, or replacement of existing structures, and shall be conditioned upon 

compliance by the Department of Transportation with specific guidelines or requirements which 

are set forth in the formal acceptance and deemed necessary by the department to assure future 

compliance with this chapter and applicable department rules. The failure of the Department of 

Transportation to comply with any provision of the written acceptance shall constitute grounds 

for its revocation by the department. 

(b) The provisions of chapter 120 shall be accorded any person when substantial interests will be 

affected by an activity proposed to be conducted by the Department of Transportation pursuant to 

its certification and the acceptance of the department. If a proceeding is conducted pursuant to ss. 

120.569 and 120.57, the department may intervene as a party. Should an administrative law judge 

of the Division of Administrative Hearings of the Department of Management Services submit a 

recommended order pursuant to ss. 120.569 and 120.57, the department shall issue a final 

department order adopting, rejecting, or modifying the recommended order pursuant to such 

action. 

(15) Consult with any person proposing to construct, install, or otherwise acquire a pollution 

control device or system concerning the efficacy of such device or system, or the pollution 

problem which may be related to the source, device, or system. Nothing in any such consultation 

shall be construed to relieve any person from compliance with this act, rules and regulations of 

the department, or any other provision of law. 

(16) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of 

this act. 

(17) Encourage local units of government to handle pollution problems within their respective 

jurisdictions on a cooperative basis and provide technical and consultative assistance therefor. 

(18) Encourage and conduct studies, investigations, and research relating to pollution and its 

causes, effects, prevention, abatement, and control. 

(19) Make a continuing study of the effects of the emission of air contaminants from motor 

vehicles on the quality of the outdoor atmosphere of this state and the several parts thereof and 

make recommendations to appropriate public and private bodies with respect thereto. 

(20) Collect and disseminate information and conduct educational and training programs relating 

to pollution. 

(21) Advise, 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. However, the 
18

secretary of the department shall not enter into any interstate agreement relating to the transport 

of ozone precursor pollutants, nor modify its rules based upon a recommendation from the Ozone 

Transport Assessment Group or any other such organization that is not an official subdivision of 

the United States Environmental Protection Agency but which studies issues related to the 

transport of ozone precursor pollutants, without prior review and specific legislative approval. 

(22) Adopt, modify, and repeal rules governing the specifications, construction, and maintenance 

of industrial reservoirs, dams, and containers which store or retain industrial wastes of a 

deleterious nature. 

(23) Adopt rules and regulations to ensure that no detergents are sold in Florida after December 

31, 1972, which are reasonably found to have a harmful or deleterious effect on human health or 

on the environment. Any regulations adopted pursuant to this subsection shall apply statewide. 

Subsequent to the promulgation of such rules and regulations, no county, municipality, or other 

local political subdivision shall adopt or enforce any local ordinance, special law, or local 

regulation governing detergents which is less stringent than state law or regulation. Regulations, 

ordinances, or special acts adopted by a county or municipality governing detergents shall be 

subject to approval by the department, except that regulations, ordinances, or special acts adopted 

by any county or municipality with a local pollution control program approved pursuant to s. 

403.182 shall be approved as an element of the local pollution control program. 

(24)(a) Establish a permit system to provide for spoil site approval, as may be requested and 

required by local governmental agencies as defined in 1s. 403.1822(3), or mosquito control 

districts as defined in s. 388.011(5), to facilitate these agencies in providing spoil sites for the 

deposit of spoil from maintenance dredging of navigation channels, port harbors, turning basins, 

and harbor berths, as part of a federal project, when the agency is acting as sponsor of a 

contemplated dredge and fill operation involving an established navigation channel, harbor, 

turning basin, or harbor berth. A spoil site approval granted to the agency shall be granted for a 

period of 10 to 25 years when such site is not inconsistent with an adopted local governmental 

comprehensive plan and the requirements of this chapter. The department shall periodically 

review each permit to determine compliance with the terms and conditions of the permit. Such 

review shall be conducted at least once every 10 years. 

(b) This subsection applies only to those maintenance dredging operations permitted after July 1, 

1980, where the United States Army Corps of Engineers is the prime dredge and fill agent and 

the local governmental agency is acting as sponsor for the operation, and does not require the 

redesignation of currently approved spoil sites under such previous operations. 

(25) Establish and administer a program for the restoration and preservation of bodies of water 

within the state. The department shall have the power to acquire lands, to cooperate with other 

applicable state or local agencies to enhance existing public access to such bodies of water, and 

to adopt all rules necessary to accomplish this purpose. 

(26)(a) Develop standards and criteria for waters used for deepwater shipping which standards 

and criteria consider existing water quality; appropriate mixing zones and other requirements for 

maintenance dredging in previously constructed deepwater navigation channels, port harbors, 

turning basins, or harbor berths; and appropriate mixing zones for disposal of spoil material from 

dredging and, where necessary, develop a separate classification for such waters. Such 

classification, standards, and criteria shall recognize that the present dedicated use of these 

waters is for deepwater commercial navigation. 
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(b) The provisions of paragraph (a) apply only to the port waters, spoil disposal sites, port 

harbors, navigation channels, turning basins, and harbor berths used for deepwater commercial 

navigation in the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. 

Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow, 

Florida Power Corporation's Crystal River Canal, Boca Grande, Green Cove Springs, and 

Pensacola. 

(27) Establish rules which provide for a special category of water bodies within the state, to be 

referred to as "Outstanding Florida Waters," which water bodies shall be worthy of special 

protection because of their natural attributes. Nothing in this subsection shall affect any existing 

rule of the department. 

(28) Perform any other act necessary to control and prohibit air and water pollution, and to 

delegate any of its responsibilities, authority, and powers, other than rulemaking powers, to any 

state agency now or hereinafter established. 

(29) Adopt by rule special criteria to protect Class II shellfish harvesting waters. Rules 

previously adopted by the department in 2rule 17-4.28(8)(a), Florida Administrative Code, are 

hereby ratified and determined to be a valid exercise of delegated legislative authority and shall 

remain in effect unless amended by the Environmental Regulation Commission. 

(30) Establish requirements by rule that reasonably protect the public health and welfare from 

electric and magnetic fields associated with existing 230 kV or greater electrical transmission 

lines, new 230 kV and greater electrical transmission lines for which an application for 

certification under the Florida Electric Transmission Line Siting Act, ss. 403.52-403.5365, is not 

filed, new or existing electrical transmission or distribution lines with voltage less than 230 kV, 

and substation facilities. Notwithstanding any other provision in this chapter or any other law of 

this state or political subdivision thereof, the department shall have exclusive jurisdiction in the 

regulation of electric and magnetic fields associated with all electrical transmission and 

distribution lines and substation facilities. However, nothing herein shall be construed as 

superseding or repealing the provisions of s. 403.523(1) and (10). 

(31) Adopt rules necessary to obtain approval from the United States Environmental Protection 

Agency to administer the Federal National Pollution Discharge Elimination System (NPDES) 

permitting program in Florida under ss. 318, 402, and 405 of the Federal Clean Water Act, Pub. 

L. No. 92-500, as amended. This authority shall be implemented consistent with the provisions of 

part II, which shall be applicable to facilities certified thereunder. The department shall establish 

all rules, standards, and requirements that regulate the discharge of pollutants into waters of the 

United States as defined by and in a manner consistent with federal regulations; provided, 

however, that the department may adopt a standard that is stricter or more stringent than one set 

by the United States Environmental Protection Agency if approved by the Governor and Cabinet 

in accordance with the procedures of s. 403.804(2). 

(32) Coordinate the state's stormwater program. 

(33) Establish and administer programs providing appropriate incentives that have the following 

goals, in order of importance: 

(a) Preventing and reducing pollution at its source. 

(b) Recycling contaminants that have the potential to pollute. 

(c) Treating and neutralizing contaminants that are difficult to recycle. 

(d) Disposing of contaminants only after other options have been used to the greatest extent 

practicable. 
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(34) Adopt rules which may include stricter permitting and enforcement provisions within 

Outstanding Florida Waters, aquatic preserves, areas of critical state concern, and areas subject to 

chapter 380 resource management plans adopted by rule by the Administration Commission, 

when the plans for an area include waters that are particularly identified as needing additional 

protection, which provisions are not inconsistent with the applicable rules adopted for the 

management of such areas by the department and the Governor and Cabinet. 

(35) Exercise the duties, powers, and responsibilities required of the state under the federal 

Clean Air Act, 42 U.S.C. ss. 7401 et seq. The department shall implement the programs required 

under that act in conjunction with its other powers and duties. Nothing in this subsection shall be 

construed to repeal or supersede any of the department's existing rules. 

(36) Establish statewide standards for persons engaged in determining visible air emissions and 

to require these persons to obtain training to meet such standards. 

(37) Enter into a memorandum of agreement with the Florida Ports Council which provides a 

supplemental permitting process for the issuance of a joint coastal permit pursuant to s. 161.055

or environmental resource permit pursuant to part IV of chapter 373, to a port listed in s. 

311.09(1), for maintenance dredging and the management of dredged materials from 

maintenance dredging of all navigation channels, port harbors, turning basins, and harbor berths. 

Such permit shall be issued for a period of 5 years and shall be annually extended for an 

additional year if the port is in compliance with all permit conditions at the time of extension. 

The department is authorized to adopt rules to implement this subsection. 

(38) Enter into a memorandum of agreement with the Florida Ports Council which provides a 

supplemental permitting process for the issuance of a conceptual joint coastal permit pursuant to 

s. 161.055 or environmental resource permit pursuant to part IV of chapter 373, to a port listed in 

s. 311.09(1), for dredging and the management of materials from dredging and for other related 

activities necessary for development, including the expansion of navigation channels, port 

harbors, turning basins, harbor berths, and associated facilities. Such permit shall be issued for a 

period of up to 15 years. The department is authorized to adopt rules to implement this 

subsection. 

(39) Enter into a memorandum of agreement with the Florida Inland Navigation District and the 

West Coast Inland Navigation District, or their successor agencies, to provide a supplemental 

process for issuance of joint coastal permits pursuant to s. 161.055 or environmental resource 

permits pursuant to part IV of chapter 373 for regional waterway management activities, 

including, but not limited to, maintenance dredging, spoil disposal, public recreation, inlet 

management, beach nourishment, and environmental protection directly related to public 

navigation and the construction, maintenance, and operation of Florida's inland waterways. The 

department is authorized to adopt rules to implement this subsection. 

(40) Serve as the state's single point of contact for performing the responsibilities described in 

Presidential Executive Order 12372, including administration and operation of the Florida State 

Clearinghouse. The Florida State Clearinghouse shall be responsible for coordinating interagency 

reviews of the following: federal activities and actions subject to the federal consistency 

requirements of s. 307 of the Coastal Zone Management Act; documents prepared pursuant to the 

National Environmental Policy Act, 42 U.S.C. ss. 4321 et seq., and the Outer Continental Shelf 

Lands Act, 43 U.S.C. ss. 1331 et seq.; applications for federal funding pursuant to s. 216.212; 

and other notices and information regarding federal activities in the state, as appropriate. The 

Florida State Clearinghouse shall ensure that state agency comments and recommendations on 
21

the environmental, social, and economic impact of proposed federal actions are communicated to 

federal agencies, applicants, local governments, and interested parties. 

The department shall implement such programs in conjunction with its other powers and duties 

and shall place special emphasis on reducing and eliminating contamination that presents a threat 

to humans, animals or plants, or to the environment. 

History.--s. 7, ch. 67-436; ss. 19, 26, 35, ch. 69-106; s. 1, ch. 71-35; s. 2, ch. 71-36; s. 3, ch. 72-

39; s. 1, ch. 72-53; s. 113, ch. 73-333; s. 3, ch. 74-133; s. 1, ch. 77-21; s. 137, ch. 77-104; s. 268, 

ch. 77-147; s. 2, ch. 77-369; s. 14, ch. 78-95; s. 2, ch. 78-437; s. 73, ch. 79-65; s. 1, ch. 79-130; s. 

96, ch. 79-164; s. 160, ch. 79-400; s. 1, ch. 80-66; ss. 2, 5, ch. 81-228; s. 5, ch. 82-27; s. 1, ch. 

82-79; s. 2, ch. 82-80; s. 66, ch. 83-310; s. 5, ch. 84-79; s. 1, ch. 84-338; s. 1, ch. 85-296; s. 5, ch. 

85-345; s. 5, ch. 86-173; s. 52, ch. 86-186; s. 22, ch. 88-393; s. 31, ch. 89-279; s. 54, ch. 90-331; 

s. 24, ch. 91-305; s. 23, ch. 92-203; s. 127, ch. 92-279; s. 55, ch. 92-326; s. 36, ch. 93-213; s. 5, 

ch. 94-311; s. 1, ch. 94-321; s. 356, ch. 94-356; s. 55, ch. 95-144; s. 144, ch. 96-320; s. 8, ch. 96-

370; s. 129, ch. 96-410; s. 26, ch. 97-160; s. 100, ch. 98-200; s. 3, ch. 98-326; s. 155, ch. 99-8; s. 

2, ch. 2001-188; s. 1, ch. 2001-224; s. 8, ch. 2002-275; s. 68, ch. 2006-230. 

1Note.--Repealed by s. 18, ch. 2001-270. 

2Note.--Transferred to another location.