Current as of: Dec. 2011
(a) Under subsections 62-204.340(1) through (3), F.A.C., all areas of the state shall be designated as attainment, nonattainment, or unclassifiable with respect to each air pollutant for which an ambient air quality standard is established under Rule 62-204.240, F.A.C. The designation of each such area determines which emission limiting standards, new and modified facility review requirements, and other air pollution control measures shall apply to sources and activities which emit the pollutant or the precursor of the pollutant for which the area is designated. Following the redesignation of an area as nonattainment, a revision to the State Implementation Plan (SIP) may be required to establish the emission limiting standards and other air pollution control measures appropriate for the area.
(b) Under subsection 62-204.360(1), F.A.C., all areas of the state that are not designated as nonattainment with respect to a pollutant for which a maximum allowable increase is defined in Rule 62-204.260, F.A.C., shall be designated as one or more prevention of significant deterioration (PSD) areas with respect to each such pollutant. The designation of a PSD area determines the area for which a PSD baseline date shall be established.
(c) Under subsection 62-204.360(2), F.A.C., all areas of the state shall be designated as Class I, Class II, or Class III. For an area that is designated as a PSD area, the designation of the area as Class I, II or III determines which set of maximum allowable increases in particulate matter, sulfur dioxide, and nitrogen dioxide concentrations established under Rule 62-204.260, F.A.C., shall apply in the area after a PSD baseline date is established.
(d) Under subsection 62-204.340(4), F.A.C., certain areas of the state shall be designated as air quality maintenance areas. Areas that have been redesignated from nonattainment to attainment or unclassifiable may be designated as air quality maintenance areas with the effect that all emission limiting standards and permit limitations that were established pursuant to Rules 17-2.17 (repealed), 17-2.510 (transferred), 17-2.650 (transferred), 62-212.500, Chapter 62-252, and the Reasonably Available Control Technology rules in Chapter 62-296, F.A.C., or otherwise as a result of the SIP or nonattainment corrective plan, and all other air pollution control measures that were required under the SIP or nonattainment corrective plan, shall remain in effect in such areas.
(2) Redesignation of Nonattainment, Attainment, and Unclassifiable Areas (Reserved).
(3) Reclassification of Class I, Class II and Class III Areas.
(a) Reclassification of an area classified under subsection 62-204.360(2), F.A.C., may be proposed by filing a petition for rulemaking with the Environmental Regulation Commission showing sufficient justification for such action provided that lands within the exterior boundaries of Indian Reservations may be reclassified only by the appropriate Indian Governing Body. This petition shall conform to the requirements of Section 120.54(5), Florida Statutes. The Department may also initiate reclassification procedures. All reclassifications shall be submitted as revisions to the State Implementation Plan.
(b) Decisions regarding whether an area should be reclassified shall be based on the following criteria.
1. For areas which are proposed to be reclassified as Class I or Class II:
a. A public hearing shall be held in accordance with the notice requirements of Rule 62-204.400, F.A.C.
b. At least 30 days notice of the proposed reclassification shall be given to other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposal.
c. A description and analysis of the health, environmental, economic, social, and energy effects of the proposed reclassification shall be prepared and made available for public inspection at least 30 days prior to the hearing. The notice shall state the availability of the required analysis.
d. If the reclassification includes any Federal lands, the state shall notify the Federal Land Manager of the proposal not more than 60 days prior to the hearing and allow an opportunity for the Federal Land Manager to confer with the state and submit written comments and recommendations. If an area is reclassified against the recommendations of the Federal Land Manager, the state shall publish a notice listing the inconsistencies and the reasons for reclassifying the area against the Federal Land Manager’s recommendations in the Florida Administrative Weekly.
e. Prior to proposing a reclassification, the state shall confer with the elected leadership of any local general purpose government in the area covered by the proposed reclassification.
2. For areas which are proposed to be reclassified as Class III (except areas proposed to be reclassified by an Indian Governing Body):
a. All of the requirements of subparagraph 62-204.320(3)(b)1., F.A.C., above, shall be met.
b. The proposal shall be specifically approved by the Governor after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session.
c. Each unit of local general purpose government representing a majority of the residents of the area to be reclassified shall enact or adopt a resolution or other legislation concurring in the reclassification.
d. The reclassification may not cause or contribute to a violation of any state or national ambient air quality standard, or a violation of a maximum allowable increase in any other Class I, Class II, or Class III area.
e. To the extent practicable, any permit application and supporting documentation for a facility subject to Rule 62-212.400, F.A.C., which could receive a permit only if the area in question were reclassified as Class III, shall be made available for public inspection prior to the hearing on reclassification.
3. For areas which are proposed to be reclassified as Class I, Class II, or Class III by an Indian Governing Body:
a. All of the requirements of subparagraph 62-204.320(3)(b)1., F.A.C., and the additional requirements of sub-subparagraphs 62-204.320(3)(b)2.d. and e., F.A.C., shall be met, or equivalent procedures shall be followed.
b. Prior to proposing the reclassification, the Indian Governing Body shall consult with the state within which the Indian Reservation is located and any state which borders the Indian Reservation.
(c) The following areas shall not be reclassified as Class III:
1. An area which, as of August 7, 1977, exceeded ten thousand acres in size and was a national monument, a national primitive area, a national preserve, a national recreation area, a national wild and scenic river, a national wildlife refuge, or a national lakeshore or seashore; or
2. A national park or national wilderness area established after August 7, 1977, which exceeds ten thousand acres in size.
(d) Any area other than an area referred to in subparagraph 62-204.320(3)(c)1. or 2., F.A.C., above, or an area designated as Class I under subparagraph 62-204.360(2)(a)2., F.A.C., may be reclassified as Class III.
(4) Designation or Redesignation of Prevention of Significant Deterioration (PSD) Areas.
(a) Designation or redesignation of an area designated under subsection 62-204.360(1), F.A.C., may be proposed by filing a petition for rulemaking with the Environmental Regulation Commission. The petition shall conform to the requirements of Section 120.54(5), Florida Statutes. The Department may also initiate designation or redesignation procedures.
(b) PSD areas shall be designated only for those pollutants for which maximum allowable increases have been established under Rule 62-204.260, F.A.C.
(c) A PSD area for a pollutant shall not include any areas designated nonattainment for the pollutant under subsection 62-204.240(2), F.A.C.
(d) A PSD area may not be redesignated if the redesignation would result in the violation of any maximum allowable increase in the area proposed to be redesignated.
(e) Procedures for proposing the designation or redesignation of PSD areas are as follows:
1. A public hearing shall be held in accordance with the notice requirements of Rule 62-204.400, F.A.C.
2. At least 30 days notice of the hearing shall be given to Federal Land Managers whose lands may be affected by the proposed designation or redesignation.
3. The petition for rulemaking shall be made available for public inspection at least 30 days prior to the hearing and shall include a description and analysis of the health, environmental, economic, social and energy effects of the proposed designation or redesignation.
(5) Designation or Redesignation of Air Quality Maintenance Areas (Reserved).
Laws implemented by this Rule: Florida Statutes § 403.021, 403.031, 403.061
Florida Laws: Air Pollution
U.S. Code Provisions: Air Pollution
Federal Regulations: Air Pollution