As proposed earlier this year, the U.S. Environmental Protection Agency (EPA) has approved Florida’s “infrastructure” state implementation plan (SIP) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS), with the exception of the portions related to prevention of significant deterioration (PSD) permitting as related to greenhouse gases (GHGs), protection of visibility, and interstate transport. Infrastructure SIPs consist of the basic SIP elements required for all states, including those with no nonattainment areas, like Florida.
With respect to PSD permitting, EPA disapproved of the SIP as related to PSD for GHGs because Florida does not currently have PSD permitting authority for GHGs. EPA’s disapproval does not, however, result in any further obligations for Florida or EPA because EPA has already promulgated a federal implementation plan (FIP) that governs PSD permitting of GHGs in Florida. With respect to protection of visibility, EPA states that visibility-related SIP elements will be addressed in a separate action. Finally, with respect to interstate transport, EPA states that based on the decision of the U.S. Court of Appeals for the D.C. Circuit in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012) (vacating EPA’s Cross-State Air Pollution Rule), interstate transport SIP elements for the 2008 ozone NAAQS are not yet required as EPA must first define the state’s obligation thereunder.
EPA’s approval of Florida’s infrastructure submission for the 2008 8-hour ozone NAAQS is effective December 2, 2013.
For additional information, contact Andrew Holway.