As previously reported by HGS, the Florida Department of Environmental Protection (DEP) is in the process of revising its state implementation plan (SIP) to obtain authority to issue permits for greenhouse gases (GHG) under the Clean Air Act’s prevention of significant deterioration (PSD) program. On November 15, 2013, DEP published notice of the proposed SIP revision, which consists of an amendment to the definition of “PSD Pollutant” in Rule 62-210.200, F.A.C., to include the term “Regulated NSR Pollutant” (as it is defined in 40 C.F.R. 52.21(b)(50) and incorporated by reference in Rule 62-204.800, F.A.C.). The effect of this change is that the term “PSD Pollutant” will include GHGs if they are subject to regulation (as specified at 40 C.F.R. 52.21(b)(49)). Comments and/or requests for public hearing on the SIP revision are due by December 16th. If requested, a public hearing will be held December 20th. After the close of the public comment period and any public hearing, DEP is expected to forward the final SIP revision to EPA. EPA must separately publish notice of proposed action, accept public comments, and publish notice of final action approving of the SIP revision before DEP’s GHG PSD permitting authority will be effective.
For additional information contact Joseph Brown.