Approval and Promulgation of Implementation Plans; Florida; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

EPA is taking final action to approve in part, and disapprove in part, the State Implementation Plan (SIP) submission, submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on October 31, 2011, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an "infrastructure" SIP. FDEP certified that the Florida SIP contains provisions that ensure the 2008 8-hour ozone NAAQS are implemented, enforced, and maintained in Florida (hereafter referred to as "infrastructure submission"). EPA is now taking two related actions on FDEP's infrastructure submission for Florida. First, EPA is taking final action to approve that Florida's infrastructure submission addresses all required infrastructure elements for the 2008 8-hour ozone NAAQS with the exception of the portion of the submission related to prevention of significant deterioration (PSD) regarding greenhouse gas (GHG) requirements, and the portion of the submission that purports to meet the requirement that the SIP include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures to protect visibility in another state. Second, EPA is taking final action to disapprove in part portions of Florida's infrastructure submission as it relates to PSD requirements regarding the regulation of greenhouse gas (GHG) emissions.