Rules and Forms
of the Florida Statutes, entitled "Environmental Control",
provides the legal authority for most of the activities of the
air resource management program within the Department of
principal sections of
Chapter 403, F.S.,
which grant this authority are as follow:
Definitions, including the definition of "regulated air
Authority to promulgate plans to provide for air quality
control and pollution abatement; establish and administer an air pollution control
program; set ambient air quality standards; monitor air quality; adopt rules
for the control of air pollution in the state; require permits for
construction, operation, and modification of air pollutant emission
sources; require reports from air emission sources; take enforcement action
against violators of air pollution laws, rules and permits; and exercise the
duties, powers, and responsibilities required of the state under the federal
Clean Air Act.
Authority to issue, deny, modify and revoke permits.
Authority to establish an air operating permit program as required by Title V of the Clean Air Amendments of 1990.
Authority to require engineering certification of permit
Authority to seek judicial and administrative remedies for
Authority to seek injunctive relief for violations.
Authority to find civil liability for violations.
Authority to assess civil and criminal penalties for violations.
Authority for local pollution control programs.
Authority to grant variances.
Authority to require training of medical waste incinerator
Authority to establish a Small Business Assistance Program for
small-business sources of air pollutant emissions.
Authority to adopt federal standards by reference.
Authority to allow use of general permits, created by rule, for
small pollution sources.
statutory authorities (outside of Chapter 403, F.S.) for Florida's Air
Resource Management program are as follows:
Requirement that public officials disclose potential
conflicts of interest.
Requirement for disclosure of financial interests by
Authority of agency head to issue an emergency order in
response to an immediate threat to public health, safety, or welfare.
Authority to prohibit the sale and operation of motor vehicles whose
emission control systems have been tampered with and to prohibit the
operation of motor vehicles that emit excessive smoke.
Authority to establish Air
Pollution Control Trust Fund and use $1 fee on every motor vehicle
license registration sold in the state for air pollution control
purposes, including support of approved local air pollution control
Authority to establish a fee for asbestos removal projects.
November 20, 2015