October 24, 2020
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The Florida Statutes

The 2009 Florida Statutes

Title XXIX
Chapter 403
View Entire Chapter
Section 403.08735, Florida Statutes 2009

403.08735  Air emissions trading.--

(1)  GENERIC AIR EMISSIONS BUBBLE RULE.--The department shall promulgate by July 1, 1996, a generic air emissions bubble rule to the fullest extent consistent with federal law that includes all elements necessary to obtain approval from the United States Environmental Protection Agency to administer the program. The generic air emissions bubble rule shall eliminate the need for case-by-case federal determinations on individual emissions trades within a single facility as individual State Implementation Plan revisions. For purposes of promulgating a generic air emissions bubble rule:

(a)  The term "bubble" shall mean an air pollution control strategy which allows multiunit aggregate emission limits to be established within a facility, in lieu of unit-specific emission limits, on a pollutant-specific basis at the request of the facility owner or operator. The application of a bubble to a facility would allow emissions at one or more emissions points or units to fluctuate within a facility as long as the multiunit limit is not exceeded. Multiunit limits shall be established by aggregating unit-specific limits for all new or existing units being included in the bubble. The bubble shall also allow the department to establish, at the request of the owner or operator of a facility, alternative emission limits for individual units as long as the aggregated emissions limit for all involved units is not increased.

(b)  The term "facility" shall mean all emissions units that are located on one or more contiguous or adjacent properties that are under common control of the same person or persons. For purposes of this section, the terms "plantwide" and "facilitywide" are used interchangeably.

(2)  VOLUNTARY LIMITS ON AIR EMISSIONS.--The department shall adopt rules to allow facilities to voluntarily limit their emissions to avoid otherwise applicable requirements.

History.--s. 1, ch. 95-292; s. 36, ch. 99-5.

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