## STATE OF FLORID A

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PROPOSED REVISION TO STATE IMPLEMENTATION PLAN

NUMBER 2010

- 0 1 Regional Haze Plan
SIP Transmittal

March 19 , 2010i STATE IMPLEMENTATION PLAN SUBMITTAL

NUMBER 2010

- 0 1

REGIONAL H AZE 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

................................ ............. 56ii State Administrative Materials

................................ ................................ ................................ .. 59

Rule 62

- 296.3 40

– Best Available Retrofit Technology (BART), Effective 1/31/07

.............. 61

Notice of Rule Development (8/25/06)

................................ ................................ ........... 63

Joint Administrativ e Procedures Committee (JAPC) Letter (11/22/06)

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

.............................. 66 Federal Compa rison 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)

................................ ................................ .................... 1081 Let ter of Submittal23 EXECUTIVE SUMMARY45 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 Protecti on 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

- R OM. 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 labe led “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 stat e’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 in to 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.6 Elements of the Regional Haze Plan

The primary elements contained in Flori da’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

i mprovement) 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 estim ate 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 stat e 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 exist ing rules and programs that are expected to result in significant improvements in visibility in Florida’s Class I areas. ( §5 1.308(d)(3))

**•** Monitoring Strategy

– The state has submitted a monitoring strategy for measuring, characterizing, and reporting regi onal 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. T he 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 Availabl e 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 req uires 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))7 **•** Rule 62

- 296.341, F.A.C., “Regional Haze

– Reasonable Progre ss 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 signifi cantly 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.

Exhib it 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 pre

he aring 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 T echnology (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 a long 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 Nov ember 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 of8 the regional haze program. Notification of this rulemaking was transmitted to E PA 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 not ice 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. Thi s 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 sub mittal. 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 fo r 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 th at are also criteria or NAAQS precursor pollutants.9 RESPONSE TO 40 CFR PART 51, APPENDIX V, CRITERIA1011 Response to 40 CFR Part 51, Appendix V, Criteria

RESPONSE TO 40 CFR P ART 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 Regi on 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

– Reasonabl e 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

Au thority” 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 a ll other materials intended for incorporation into Flo rida’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 “ S tate Administrative Materials” section of this submittal.

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

o f 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 require ments 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 submitta l, 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.1213 Statutory Authority

STATUTORY AUTHORITY

SECTION 403.061
, FLORIDA STATUTES1415 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 wate r 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 e mployees 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 depar tment 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

pu rposes 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, municipalit y, 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 backgr ound 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 n ot adopt standards more stringent than federal regulations, except as provided

in s. 403.804. (8) Issue such orders as are necessa ry 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 th e state, and from time to time review and modify such program as

necessary.16 (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 wa ters 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 heari ngs 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 ex isting 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 t echnology

- 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 spe cified 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, whiche ver 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 di strict 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 cl early 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 constr ued 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 a ir 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.17 (14) Establish a permit system whereby a permit may be required for the operation, construction, or expansion of any installation that may be a sour ce 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 con trol 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, a nd, 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, r epair, 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 assur e 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 provision s 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 con ducted 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 depa rtment 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 concernin g 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 d epartment, 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 jurisdictio ns 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 contin uing 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 a gencies, groups, political subdivisions, and industries affected by the provisions of this act, rules, or policies of the department. However, the18 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 issue s 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 contain ers 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 he alth 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 lo cal 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 de fined 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 in consistent 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 sta ndards 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.19 (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 deepw ater 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 Gran de, 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 thei r 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, o ther 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 Administrativ e 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 pub lic 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 Tr ansmission Line Siting Act, ss. 403.52

- 403.5365, is not filed, new or existing electrical transmission or distribution lines with vol tage 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 magnet ic 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 S ystem (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 c ertified 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 af ter other options have been used to the greatest extent practicable.20 (34) Adopt rules which may include stricter permitting and enforcement provisions within Outstanding Florida Waters, aquatic preserves, areas of critical state concern, and areas subjec t 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 applica ble 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 sha ll 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 issuan ce of a joint coastal permit pursuant to s. 161.055 or environmental resource permit pursuant to part IV of chapter 373, to a port l isted in s.

311.09 (1), for maintenance dredging and the management of dredged materials from maintenance dredging of all navigation c hannels, 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 depart ment 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 navigat ion 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 ag reement 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 ado pt 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 F lorida 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 on21 th e 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 du ties 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, c h. 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, c h. 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

- 16 0; 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.