The Florida Department of Environmental Protection oversees the permitting of major and minor sources of air pollution in Florida. Applications for air general permits, construction permits and operating permits are processed by the Division of Air Resource Management, DEP's six district offices and several local air programs.
Do I need an air permit?
Businesses with equipment that emit air pollution as a normal part of operations require an air permit unless otherwise exempt. Section 62-210.300(3), Florida Administrative Code (F.A.C.), establishes exemptions from the requirement to obtain a permit based on industrial categories, operational conditions and generic emissions thresholds. Pursuant to rule 62-4.040, F.A.C., DEP may also grant, on a case-by-case basis, an exemption from the requirement to obtain a permit if it determines that emissions will not cause adverse impacts and regulation is not reasonably justified.
Air General Permits are also known as “permits by rule.” There are 17 separate air general permits for minor sources including businesses such as concrete batch plants, perchloroethylene dry cleaners, printing operations and stationary internal reciprocating engines. An eligible business that wants authorization to operate under an air general permit must register the business. You can register, renew, transfer, or make administrative corrections to air general permits online using the Air General Permit Electronic Registration System (AGPERS) accessible from the DEP Business Portal.
Air Construction Permits, sometimes referred to as an “AC permits,” are required to construct new air pollution sources, modify existing sources, or to change underlying conditions in previously issued air construction permits. This pre-construction review process is also known as “new source review.” Air construction permits authorize an owner or operator for a specified period of time to construct or modify the source, commence operation, test for air emissions and submit an application for an air operation permit (see below).
For additional details on air construction permits including the definition of a major stationary source, see this article “Air Construction Permits.”
Air Operation Permits
Air Operation Permits authorize the operation of an air pollution source for a period of five years. Air operation permits contain all requirements that apply to an air pollution source such as applicable local, state, and federal regulations as well as conditions in underlying air construction permits. These permits must be renewed every five years. There are three types of air operation permits: a minor source air operation permit, a Federally Enforceable State Operating Permit (FESOP) to establish a synthetic minor source and a Title V air operation permit for a major source of air pollution.
For additional details on these terms and air operation permits, see this article, “Air Operation Permits.”
Air Permit Applications
Applications can be submitted electronically or by filling out a form.
Pursuant to Section 62-4.050(3), F.A.C., all applications for a DEP permit shall be certified by a professional engineer registered in the state of Florida except when the application is for renewal of an air pollution operation permit at a non-Title V source.
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.