In today’s Federal Register, EPA published a notice granting full approval of a portion of Florida’s Regional Haze State Implementation Plan (SIP). Specifically, EPA is only finalizing full approval of the Best Available Retrofit Technology (BART) determinations contained in its May 25, 2012 Federal Register proposal, and deferring action on all other aspects of Florida’s Haze SIP contained in that proposal. While EPA’s partial approval is positive, we need to watch this closely until EPA finalizes approval of the entire SIP. The specific units covered by this action are listed in the notice, and include electric utilities, phosphate, and pulp and paper.
After EPA’s May 25 proposal, DEP forwarded additional unit-specific BART and Reasonable Progress (RP) determinations to EPA, and these will be dealt with in a proposal due to be signed next Monday, Dec 3 (EPA is expected to propose full approval). Then, pursuant to a June 28, 2013 deadline in a Consent Decree, EPA is expected to finalize full approval of Florida’s entire Haze SIP. Stay tuned regarding EPA’s December 3 proposed action (including whether there is a need to submit comments), as well as EPA’s intentions regarding its final action by June 28, 2013.
Please contact Robert Manning for additional information.