Florida Senate - 2009                                    SB 1464
       
       
       
       By Senator Constantine
       
       
       
       
       22-01435-09                                           20091464__
    1                        A bill to be entitled                      
    2         An act relating to air emissions; amending s.
    3         403.08735, F.S.; deleting an obsolete deadline for the
    4         Department of Environmental Protection to adopt rules
    5         relating to generic air emissions; providing an
    6         effective date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Subsection (1) of section 403.08735, Florida
   11  Statutes, is amended to read:
   12         403.08735 Air emissions trading.—
   13         (1) GENERIC AIR EMISSIONS BUBBLE RULE.—The department shall
   14  adopt promulgate by July 1, 1996, a generic air emissions bubble
   15  rule to the fullest extent consistent with federal law that
   16  includes all elements necessary to obtain approval from the
   17  United States Environmental Protection Agency to administer the
   18  program. The generic air emissions bubble rule shall eliminate
   19  the need for case-by-case federal determinations on individual
   20  emissions trades within a single facility as individual State
   21  Implementation Plan revisions. For purposes of promulgating a
   22  generic air emissions bubble rule:
   23         (a) The term “bubble” shall mean an air pollution control
   24  strategy which allows multiunit aggregate emission limits to be
   25  established within a facility, in lieu of unit-specific emission
   26  limits, on a pollutant-specific basis at the request of the
   27  facility owner or operator. The application of a bubble to a
   28  facility would allow emissions at one or more emissions points
   29  or units to fluctuate within a facility as long as the multiunit
   30  limit is not exceeded. Multiunit limits shall be established by
   31  aggregating unit-specific limits for all new or existing units
   32  being included in the bubble. The bubble shall also allow the
   33  department to establish, at the request of the owner or operator
   34  of a facility, alternative emission limits for individual units
   35  as long as the aggregated emissions limit for all involved units
   36  is not increased.
   37         (b) The term “facility” shall mean all emissions units that
   38  are located on one or more contiguous or adjacent properties
   39  that are under common control of the same person or persons. For
   40  purposes of this section, the terms “plantwide” and
   41  “facilitywide” are used interchangeably.
   42         Section 2. This act shall take effect July 1, 2009.