Page 103 - Akerman | 2016 Guide to Doing Business in Florida

(g) Florida Division of Emergency Management (“DEM”). DEM is responsible for
implementing in Florida the Emergency Planning and Community Right-to-
Know Act of 1986 (“EPCRA”) which requires owners and operators to report
threshold quantities of regulated chemicals stored on site to enable state and
local agencies to track potential chemical hazards in communities. For
example, commercial (including multifamily) properties with emergency
generators having above ground fuel storage tanks generally containing more
than 1,360 gallons of diesel fuel are required to file annual notices /
registrations with DEM under EPCRA.

10.3.2 Regulations

Below is a brief summary of some of FDEP’s primary environmental regulations.

(a) Florida Air and Water Pollution Control Act. The Florida Air and Water Pollution
Control Act, Florida Statutes §§ 403.011-403.42, requires all stationary
installations that reasonably will be expected to be a source of air or water
pollution to have a permit issued by the FDEP, except in those limited
instances in which FDEP rules authorize an exemption. Below is a summary
of select programs addressed in this Florida Air and Water Pollution Control
Act:

(i) Air. FDEP regulates the emission of air pollutants from major and
minor stationary sources during both the construction and operation
phase of such stationary sources, pursuant to Florida Statutes
§ 403.087. This program is modeled closely after the Federal Clean
Air Act, and a many of the activities undertaken by the program
involve controlling six criteria air pollutants identified by the US EPA:
ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, particulate
matter, and hazardous air pollutants.

The owner or operator of any facility that emits or can reasonably be
expected to emit any air pollutant is generally required to obtain an
individual or general air permit from FDEP, as applicable, pursuant to
Rule 62-210.300, Fla. Admin. Code (“F.A.C.”). Further, all major
sources of air pollution (Title V sources) are subject to the air
operation permit requirements of Chapter 62-213, F.A.C., except
those Title V sources permittable pursuant to Rule 62-213.300,
F.A.C.

Enforcement involving FDEP’s air pollution control program relies
upon the general statutory prohibitions in Florida Statutes Chapter
403 relating to pollution and the air program rules contained within
Chapters 62-204 through 62-297, F.A.C.

(ii) Stormwater. FDEP implements the NPDES stormwater permitting
program in Florida. The majority of industrial activities requiring an
NPDES stormwater permit will likely qualify for an NPDES general
permit, known in Florida as a “generic” permit, issued by FDEP under
the authority of Florida Statutes § 403.0885, and the requirements
set forth in Rule 62-621.300(5)(a), F.A.C. In the alternative,

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