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Infrastructure State Implementation Plans (iSIPs)

What are infrastructure SIPs?

An infrastructure State Implementation Plan (ISIP) provides Florida’s plan for the implementation, maintenance, and enforcement of a new or revised National Ambient Air Quality Standard (NAAQS). The U.S. Environmental Protection Agency (EPA) sets NAAQS for the following six pollutants based on health criteria, known as “criteria pollutants”: carbon monoxide (CO), Lead (Pb), nitrogen dioxide (NO2), ozone (O3), fine and coarse particulate matter (PM2.5 and PM10), and sulfur dioxide (SO2). Section 110(a)(1) of the Clean Air Act (CAA) requires states to submit an infrastructure SIP to the EPA within three years of promulgation of a new or revised NAAQS.

What do infrastructure SIP submittals include?

Section 110(a)(2) of the Clean Air Act specifies twelve infrastructure elements that states must address within each infrastructure SIP. Addressing each of these infrastructure elements provides assurances that Florida will maintain the basic programs needed to implement, maintain, and enforce each the new or revised NAAQS. To satisfy the infrastructure SIP requirements, Florida lists the SIP-approved rules and statutes that directly or indirectly address implementation of the applicable NAAQS and discusses how the rules and statutes are implemented to address each element.

The following list describes each of these twelve elements (and sub-elements, if applicable) and how the Florida Department of Environmental Protection confirms that the state has the legal authority and programs in place to fulfill the requirements of each infrastructure element:

  • 110(a)(2)(A) – Emission limits and other control measures

This element requires the SIP to include enforceable emission limits, control measures, and schedules of compliance.

Florida meets this element through SIP-approved sections of Chapters 62-210, 62-212, 62-296 and 62-297, Florida Administrative Code (F.A.C.), to the extent that they provide emission limits and other control measures, or the authority to establish such limits and measures through SIP-approved permits, for pollutant-emitting activities.

  • 110(a)(2)(B) – Ambient air quality monitoring/data system

This element requires SIPs to provide for the establishment and operation of ambient air quality monitors, the compilation and analysis of ambient air quality data, and the submissions of these data to EPA upon request.

Florida meets this element through SIP-approved sections of Chapters 62-210 and 62-212, F.A.C., to the extent they provide monitoring requirements, or the authority to establish monitoring requirements through SIP-approved permits, for pollutant-emitting activities. Florida also demonstrates the Florida’s air monitoring strategy meets all Clean Air Act requirements through the annual submittal and approval of the Department’s EPA-approved Annual Air Monitoring Network Plan.

  • 110(a)(2)(C) – Program for enforcement of control measures

This element requires SIPs to include a program that provides for enforcement of all SIP measures and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that the NAAQS are achieved, including a permit program as required in Parts C and D of Title 1 of the CAA.

Florida meets this element through SIP-approved sections of Chapters 62-210 and 62-212, F.A.C., to the extent they provide for enforcement of emission limits and control measures for pollutant emissions, and also provide for a permitting program as required under parts C and D o f the CAA for pollutant-emitting activities.

The Department’s EPA-approved preconstruction review program applies to both major and minor sources. New major sources and major modifications that are subject to Prevention of Significant Deterioration (PSD) or Nonattainment New Source Review (NNSR) permitting must demonstrate that the source or modification will not cause or contribute to a violation of any NAAQS or PSD increment and provide an analysis of additional impacts of the source or modification, including impacts on visibility. The Department’s EPA-approved PSD program ensures that major stationary sources and major modifications apply the Best Available Control Technology (BACT) to reduce pollutant emissions in accordance with EPA PSD permitting requirements.

  • 110(a)(2)(D) - Interstate Transport

    • 110(a)(2)(D)(i)(I) - Interstate Transport – Prongs 1 and 2

Elements of 110(a)(2)(D)(i)(I), also known as Prong 1 and Prong 2, address interstate transport of pollutants. These elements typically require additional evidence demonstrating that Florida neither contributes to nonattainment of the NAAQS nor interferes with maintenance of the NAAQS in any other state.

  • Interstate Transport of Ozone and PM2.5

Ozone is formed when emissions of NOX and VOC react with sunlight. PM2.5 can be emitted directly or be formed secondarily from emissions of NOX and SO2. These pollutants can be transported large distances and have a regional influence on air quality. Therefore, Florida relies on regional-scale photochemical modeling to address the interstate transport elements for these pollutants. Most recently, EPA’s photochemical modeling for the Cross-State Air Pollution Rule demonstrates that Florida does not contribute to ozone or PM2.5 nonattainment areas in other states and does not interfere with maintenance of these NAAQS in other states.

  • Interstate Transport of Lead, NO2, and SO2

These pollutants do not exhibit the same regional transport and influence as ozone and PM2.5. Emissions of these pollutants result in localized impacts very near the emission source, meaning only sources located near the border of other states have the potential to affect air quality in other states. Therefore, Florida relies on local-scale dispersion modeling of large sources located near the border of other states to address the interstate transport elements for these pollutants. For example, Florida performed dispersion modeling of large SO2 sources for EPA’s Data Requirements Rule. Florida relied on these modeling results to help demonstrate that Florida does not contribute to nonattainment of the SO2 NAAQS in other states and does not interfere with maintenance of the SO2 NAAQS in other states.

In addition to either photochemical or dispersion modeling, Florida also documents the downward trend in pollutant emissions, as well as the state and federal programs implemented to control pollutant emissions, to provide further evidence that Florida will not interfere with air quality in another state.

  • 110(a)(2)(D)(i)(II) - Interstate Transport – Prongs 3 and 4

Elements of 110(a)(2)(D)(i)(II) require provisions that prohibit emissions activity in Florida from interfering with measures required to prevent significant deterioration of air quality in another state (prong 3) and to protect visibility in another state (prong 4).

Florida meets Prong 3 through its EPA approved PSD and NNSR permitting programs, which major sources are subject to and which require full consideration of source impacts on air quality in other states. Florida meets Prong 4 through its fully approved regional haze plan for addressing visibility-impairing pollutants. This plan ensures that Florida will not interfere with visibility protection in other states.

  • 110(a)(2)(D)(ii) - Interstate and international pollution abatement

This element requires SIPs to include provisions ensuring compliance with the applicable requirements of CAA Sections 115 or 126(b) relating to interstate and international pollution abatement.

Florida meets this element through SIP-approved sections of Chapters 62-210 and 62-212, F.A.C., which require that any new major source or major modification undergo PSD or NNSR permitting and thereby provide notification to other potentially affected federal, state, and local government agencies. EPA has made no finding of SIP inadequacy for Florida under section 115 or section 126 of the CAA with respect to any NAAQS.

  • 110(a)(2)(E) – Adequate authority and resources

This element requires states to provide for adequate personnel, funding and legal authority under state law to carry out its SIP and related issues, comply with conflict-of-interest requirements under CAA Section 128, and ensure adequate oversight of any local government agency responsible for implementation of any SIP provision.

Florida meets this element through subsection 403.061(2), F.S., which authorizes the Department to “[h]ire only such employees as may be necessary to effectuate the responsibilities of the department,” subsection 403.061(4), F.S., which authorizes the Department to “[s]ecure necessary scientific, technical, research, administrative, and operational services by interagency agreement, by contract, or otherwise”; section 403.182, F.S., which authorizes the Department to approve local pollution control programs; and subsection 320.03(6), F.S., which authorizes the Department to establish an Air Pollution Control Trust Fund and use a $1 fee on every motor vehicle license registration sold in the state for air pollution control purposes. Sections 112.3143(4) and 112.3144, F.S. have both been adopted and incorporated into Florida’s SIP and, together, require disclosure of conflicts of interest by public officials consistent with the requirements of CAA section 128.

  • 110(a)(2)(F) - Stationary source monitoring system

This element requires SIPs to provide for the establishment and operation of emissions monitoring systems by source owners or operators, and for the submission of periodic emissions reports from such sources.

Florida meets this element through SIP-approved sections of Chapters 62-210, 62-212, 62-296, and 62-297, F.A.C., to the extent they require emissions monitoring and reporting for pollutant-emitting activities. This includes requirements for the installation, calibration, maintenance and operation of equipment for continuously monitoring or recording emissions or providing authority for the Department to establish such emissions monitoring and reporting requirements through SIP-approved permits; and requirements for reporting of emissions for comparison to applicable emission limitations and complying with EPA’s Air Emissions Reporting Rule.

  • 110(a)(2)(G) - Emergency power

This element requires states to provide for authority comparable to that in section 303 of the CAA to address activities causing imminent and substantial endangerment to public health and to provide contingency plans to implement such authority.

Florida meets this element through Section 403.131, F.S., which authorizes the Department to “[s]eek injunctive relief to enforce compliance with this chapter or any rule, regulation or permit certification, or order; to enjoin any violation specified in Section 403.061(1); and to seek injunctive relief to prevent irreparable injury to the air, waters, and property, including animal, plant, and aquatic life, of the state and to protect human health, safety, and welfare caused or threatened by any violation”; and Section 120.569(2)(n), F.S., which authorizes the Department to issue emergency orders to address immediate dangers to the public health, safety, or welfare.

  • 110(a)(2)(H) - Future SIP revisions

This element requires states to have the authority to revise its SIP in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or any EPA finding that the SIP is substantially inadequate.

Florida meets this element through Section 403.061(35), F.S., which grants the Department the broad authority to implement the CAA. Section 403.061(9), F.S., authorizes the Department to “[a]dopt a comprehensive program for the prevention, control, and abatement of pollution of the air … of the state, and from time to time review and modify such programs as necessary.”

  • 110(a)(2)(J) - Consultation with government officials; Public notification; Prevention of significant deterioration and visibility protection

This element requires states to consult with local governments and federal land managers pursuant to the provisions of Section 121 of the CAA, provide measures for notifying the public of instances or areas exceeding the NAAQS pursuant to Section 127 of the CAA, and meet the requirements of Part C of Title I of the CAA (relating to PSD and visibility protection).

Florida meets this element through SIP-approved sections of Chapters 62-210 and 62-212, F.A.C., to the extent that they require intergovernmental consultation, public notice, and compliance with parts C and D of the CAA, including a permitting program as required under parts C and D of the CAA for pollutant-emitting activities in Florida. Subsection 403.061(21), F.S., authorizes the Department to consult with local governments, other state governments, and the federal government, as well as other stakeholders, that may be affected by Department activities.

The public is also notified of areas exceeding the NAAQS through reporting of the Air Quality Index on EPA’s AirNow website, which uses monitoring data from the Department’s air monitoring network.

  • 110(a)(2)(K) - Air quality modeling/data

This element requires states to perform air quality modeling as required by EPA to predict the effects of pollutant emissions on air quality and to provide modeling results to EPA.

Florida meets this element through SIP-approved sections of Chapters 62-210 and 62-212, F.A.C., which require use of EPA-approved modeling of pollutant-emitting sources to predict the effect on ambient air quality of any emissions of any NAAQS pollutant. The Department has the technical capability to conduct and review all air quality modeling associated with the New Source Review (NSR) program and all SIP-related modeling. The Department may also have photochemical grid modeling performed under contract as necessary.

  • 110(a)(2)(L) - Permitting fees

This element requires the state to assess permitting fees to cover the costs of reviewing, approving, implementing and enforcing major stationary source permits.

Section 403.0872, F.S., and Chapter 62-213, F.A.C., implement Florida’s Title V program. Florida’s Title V program requires annual operating fees that cover the reasonable cost of implementation and enforcement of the Title V program. The Department also requires all NSR permittees (including smaller sources under the Department’s Minor NSR program) to pay a permit fee which covers the costs to operate the NSR permitting program.

  • 110(a)(2)(M) - Consultation/participation by affected local entities

This element requires the state to provide for affected local state agencies to consult and participate in SIP development.

The Department has specific operating agreements with eight county air pollution control agencies in Duval, Orange, Hillsborough, Pinellas, Sarasota, Palm Beach, Broward, and Miami-Dade. These agreements delineate the duties and responsibilities of each county in carrying out Florida’s air program. The Department also notifies each local program when SIP revisions are being proposed and submitted to EPA.

Current Status of Florida Infrastructure SIPs

EPA has fully approved of Florida’s iSIPs for the following NAAQS:

  • 1997 and 2006 PM2.5 NAAQS
  • 1997 and 2008 Ozone NAAQS
  • 2008 Lead NAAQS
  • 2010 NO2 NAAQS
  • 2010 SO2 NAAQS
  • 2012 PM2.5 NAAQS
  • 2015 Ozone NAAQS (Proposed approval)

For additional information regarding Infrastructure SIPs see the EPA's Tools for State Implementation Plan (SIP) Status website.

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Last Modified:
April 29, 2022 - 1:11pm

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