In what is a significant step toward Florida obtaining permitting authority for greenhouse gas (GHG) emissions, Hopping Green & Sams has learned that the U.S. Environmental Protection Agency (EPA) has informally approved Florida’s approach to the regulation of GHGs under the Prevention of Significant Deterioration (PSD) program. The Florida Department of Environmental Protection (DEP) previously submitted a pre-draft state implementation plan (SIP) to EPA for review. The pre-draft SIP, which details Florida’s approach for regulating GHGs under the PSD program, was reviewed and informally approved by EPA’s Policy and Permitting Groups and EPA’s Office of General Counsel.
Before Florida can formally receive GHG permitting authority from EPA, DEP must first publish the Proposed SIP in the Florida Administrative Register, which triggers a 30-day public comment period. DEP then submits the Final SIP to EPA for formal approval. EPA must then publish a Proposed SIP Approval and withdrawal of the Federal Implementation Plan in the Federal Register, which will trigger another 30-day public comment period. If EPA receives no significant comments, it will publish final approval shortly after the public comment period expires, which will formalize Florida’s permitting authority for GHGs emissions.
DEP is expected to publish the proposed SIP in the Florida Administrative Register in the near future. For additional information, contact Robert Manning.