Tuesday, September 29, 2020
Florida Department of
Environmental Protection
Division of Air Resource
Management, Office of
Permitting and
Compliance
Draft Air Construction Permit Revision No. 0890003-069-AC
Draft Title V Air Operation Permit No. 0890003-070-AV
WestRock CP, LLC;
Fernandina Beach Mill
Nassau County, Florida
Applicant: The applicant for this project is WestRock CP, LLC (WestRock). The applicant’s responsible official and mailing address are: Daniel C. Rowland, General Manager, WestRock, 600 North 8th Street, Fernandina Beach, Florida 32034.
Facility Location: The applicant operates the existing Fernandina Beach Mill, which is in Nassau County at 600 North 8th Street, Fernandina Beach, Florida.
Project: WestRock operates a fully integrated Kraft linerboard mill. The Mill produces linerboard from wood pulp and pulp derived from recycled corrugated containers. The major plant operations consist of: wood yard, pulp mill, recycle plant, chemical recovery, powerhouse, and paper mill. A container plant (box plant) also operates onsite, converting linerboard into corrugated containers. The major fuel burning sources at the Mill consist of two power boilers, two recovery boilers, and one lime kiln.
The applicant applied on August 14, 2020, to the Department for an air construction permit revision and a revised Title V air operation permit. The purpose of Permit No. 0890003-069-AC is to revise Permit No. 0890003-060-AC to clarify the operational restrictions for the firing of natural gas in the No. 4 and No. 5 Recovery Boilers. The purpose of Permit No. 0890003-070-AV is to incorporate operation of the natural gas igniters for the No. 4 and No. 5 Recovery Boilers, as authorized by Permit No. 0890003-060-AC and revised by Permit No. 0890003-069-AC, and the Portfolio Projects, as authorized by Permit No. 0890003-057-AC and revised by Permit Nos. 0890003-063-AC and 0890003-064-AC. This project does not result in any emission increases; therefore, the project is not subject to PSD review.
Permitting Authority: Applications for air construction permits are subject to review in accordance with the provisions of Chapter 403, Florida Statutes (F.S.) and Chapters 62-4, 62-210, and 62-212 of the Florida Administrative Code (F.A.C.). The proposed project is not exempt from air permitting requirements and an air permit is required to perform the proposed work.
Applications for Title V air operation permits are subject to review in accordance with the provisions of Chapter 403, Florida Statutes (F.S.) and Chapters 62-4, 62-210, and 62-213, of the Florida Administrative Code (F.A.C.). The proposed project is not exempt from air permitting requirements and a Title V air operation permit is required to operate the facility.
The Office of Permitting and Compliance in the Division of Air Resource Management is the Permitting Authority responsible for making a permit determination for these projects. The Permitting Authority’s physical address is: 2600 Blair Stone Road, Tallahassee, Florida. The Permitting Authority’s mailing address is: 2600 Blair Stone Road, MS #5505, Tallahassee, Florida 32399-2400. The Permitting Authority’s telephone number is 850/717-9000.
Project File: A complete project file is available for public inspection during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday (except legal holidays), at the address indicated above for the Permitting Authority. The complete project file includes the draft air construction revision, the draft Title V air operation permit, the Statement of Basis, the application, and the information submitted by the applicant, exclusive of confidential records under Section 403.111, F.S. Interested persons may view the draft permits by visiting the following website: https://fldep.dep.state.fl.us/air/emission/apds/default.asp and entering the permit number shown above. Interested persons may contact the Permitting Authority’s project review engineer for additional information at the address or phone number listed above.
Notice of Intent to Issue Air Permit: The Permitting Authority gives notice of its intent to issue an air construction permit to the applicant for the project described above. The applicant has provided reasonable assurance that operation of proposed equipment will not adversely impact air quality and that the project will comply with all appropriate provisions of Chapters 62-4, 62-204, 62-210, 62-212, 62-296, and 62-297, F.A.C. The Permitting Authority will issue a final permit in accordance with the conditions of the proposed draft air construction permit unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S. or unless public comment received in accordance with this notice results in a different decision or a significant change of terms or conditions.
The Permitting Authority gives notice of its intent to issue a Title V air operation permit to the applicant for the project described above. The applicant has provided reasonable assurance that continued operation of existing equipment will not adversely impact air quality and that the project will comply with all appropriate provisions of Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-296, and 62-297, F.A.C. The Permitting Authority will issue a final Title V air operation permit in accordance with the conditions of the draft/proposed Title V air operation permit unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S. or unless public comment received in accordance with this notice results in a different decision or a significant change of terms or conditions.
Comments: The Permitting Authority will accept written comments concerning the draft air construction permit for a period of 14 days from the date of publication of the Public Notice. Written comments must be received by the Permitting Authority by close of business (5:00 p.m.) on or before the end of this 14-day period. If written comments received result in a significant change to the draft air construction permit, the Permitting Authority shall revise the draft air construction permit and require, if applicable, another Public Notice. All comments filed will be made available for public inspection.
The Permitting Authority will accept written comments concerning the draft Title V air operation permit for a period of 30 days from the date of publication of the Public Notice. Because this permitting project is a revision to the existing Title V air operation permit, the revisions detailed in the Statement of Basis are the only portions of the permit that are open for public comment or challenge. Comments received related to the remainder of the permit will not be addressed during this permitting action. Written comments must be received by the close of business (5:00 p.m.), on or before the end of this 30-day period by the Permitting Authority at the above address.† As part of his or her comments, any person may also request that the Permitting Authority hold a public meeting on this permitting action. If the Permitting Authority determines there is sufficient interest for a public meeting, it will publish notice of the time, date, and location in the Florida Administrative Register (FAR). If a public meeting is requested within the 30-day comment period and conducted by the Permitting Authority, any oral and written comments received during the public meeting will also be considered by the Permitting Authority. If timely received written comments or comments received at a public meeting result in a significant change to the draft Title V air operation permit, the Permitting Authority shall issue a revised draft Title V air operation permit and require, if applicable, another Public Notice. All comments filed will be made available for public inspection. For additional information, contact the Permitting Authority at the above address or phone number.
Petitions: A person whose substantial interests are affected by the proposed permitting decision may petition for an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the Public Notice or receipt of a written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who asked the Permitting Authority for notice of agency action may file a petition within 14 days of receipt of that notice, regardless of the date of publication. A petitioner shall mail a copy of the petition to the applicant at the address indicated above, at the time of filing. A petition for administrative hearing must contain the information set forth below and must be filed (received) with the Agency Clerk in the Office of General Counsel, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399-3000, Agency_Clerk@dep.state.fl.us, before the deadline. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the approval of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
A petition that disputes the material facts on which the Permitting Authority’s action is based must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, any email address, telephone number and any facsimile number of the petitioner; the name, address, any email address, telephone number, and any facsimile number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c) A statement of when and how each petitioner received notice of the agency action or proposed decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action including an explanation of how the alleged facts relate to the specific rules or statutes; and, (g) A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the agency to take with respect to the agency’s proposed action. A petition that does not dispute the material facts upon which the Permitting Authority’s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Permitting Authority’s final action may be different from the position taken by it in this written notice of Intent to Issue Air Permit. Persons whose substantial interests will be affected by any such final decision of the Permitting Authority on the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
Extension of Time: Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation: Mediation is not available for this proceeding.
Objections: Finally, pursuant to 42 United States Code (U.S.C.) Section 7661d(b)(2), any person may petition the Administrator of the EPA within 60 days of the expiration of the Administrator’s 45-day review period as established at 42 U.S.C. Section 7661d(b)(1), to object to the issuance of any Title V air operation permit. Any petition shall be based only on objections to the permit that were raised with reasonable specificity during the 30-day public comment period provided in the Public Notice, unless the petitioner demonstrates to the Administrator of the EPA that it was impracticable to raise such objections within the comment period or unless the grounds for such objection arose after the comment period. Filing of a petition with the Administrator of the EPA does not stay the effective date of any permit properly issued pursuant to the provisions of Chapter 62-213, F.A.C. Petitions filed with the Administrator of EPA must meet the requirements of 42 U.S.C. Section 7661d(b)(2) and must be filed with the Administrator of the EPA at: U.S. Environmental Protection Agency, Office of the Administrator, 1200 Pennsylvania Avenue, N.W., Mail Code: 1101A, Washington, DC 20460. For more information regarding EPA review and objections, visit EPA’s Region 4 web site at: http://www2.epa.gov/caa-permitting/florida-proposed-title-v-permits.
1t 09-30-2020
#601496
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NOTICE UNDER
FICTITIOUS NAME LAW
PURSUANT TO SECTION 865.09,
FLORIDA STATUTES
NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of Flip Flops and Lollipops Pediatrics located at 96279 Brady Point Rd., STE C, in the County of Nassau, in the City of Fernandina Beach, Florida 32034 intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida.
Dated at Fernandina Beach, Florida 32034 this 17th day of September, 2020.
Justin Fina
Flip Flops and
Lollipops Pediatrics
FNL 1T 09-30-2020
#600481
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IN THE CIRCUIT COURT FOR
NASSAU COUNTY, FLORIDA
PROBATE DIVISION
FILE NO. 2020-CP-336
DIVISION B
IN RE: ESTATE OF
DEBRA ANN BRAGA
Deceased.
NOTICE TO CREDITORS
The administration of the estate of Debra Ann Braga, deceased, whose date of death was June 2, 2020, is pending in the Circuit Court for Nassau County, Florida, Probate Division, the address of which is Robert M. Foster Justice Center, 76347 Veterans Way, Yulee, Florida 32097. The names and addresses of the personal representative and the personal representative's attorney are set forth below.
All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED.
The date of first publication of this notice is September 30, 2020.
Attorney for Personal
Representative:
Teresa Prince
Attorney
Florida Bar Number: 41953
Tomassetti & Prince
406 Ash Street
Fernandina Beach, FL 32034
Telephone: (904) 261-1833
Fax: (904) 212-0350 (Jax No.)
E-Mail: info@tpislandlaw.com
Secondary E-Mail:
tprince@tpislandlaw.com
Personal Representative:
Norman Gary Berger
86144 Hampton Bays Drive
Fernandina Beach, Florida 32034
FNL 2T 09-30 & 10-07-2020
#600642
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IN THE CIRCUIT COURT OF
NASSAU COUNTY, FLORIDA
CASE NO.: 19CA000531AXYX
Innovations Federal Credit Union,
Plaintiff,
vs.
Andrew C. Thomas and
Nassau County Clerk of Court
Defendants.
AMENDED NOTICE OF ACTION
TO: Andrew C. Thomas, and Nassau County Clerk of Court
YOU ARE NOTIFIED that an action to foreclose a mortgage on the following property in NASSAU County, Florida:
A portion of John Vaughn Grant, in Section 38, Township 2 North, Range 27 East, Nassau County, Florida.
Said portion being more particularly described as follows: For a Point of Reference commence at a concrete monument located where the Westerly line of Section 38 aforementioned intersects with the Southerly right-of way line of State Road No. 200-A-1-A (having a right-of-way of 75 feet); and run South 84°54' East along said right-of-way a distance of 337.0 feet to an iron pipe for the Point of Beginning.
From said Point of Beginning thus described continue South 84°54' East along said right-of-way a distance of 245.40 feet to a point; run thence South 5°06' West a distance of 210.0 feet to an iron pipe; run thence South 84 °54' East a distance of 210.0 feet to an iron pipe; thence run South 5°06' West a distance of 160.78 feet to an iron pipe; run thence North 84°54' West a distance of 257.67 feet to an iron pipe; run thence North 22°58'10" West a distance of 420.20 feet to the Point of Beginning.
has been filed against you and you are required to serve a copy of your written defenses, if any, on Chad D. Heckman, Plaintiff's attorney, P.O. Box 12492, Tallahassee, Florida 32317-2492, on or before 30 days from the first date of publication, and file the original with the Clerk of Court either before service on Plaintiff's attorney or immediately thereafter, otherwise a default will be entered against you for the relief demanded in the Complaint.
WITNESS my hand and the seal of this Court on September 16, 2020.
Nassau County
Clerk of Court
By: Karen J. Lockett
Deputy Clerk
FNL 2T 09-30 & 10-07-2020
#600777
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NOTICE
NOTICE IS HEREBY GIVEN, pursuant to Florida Statutes 196.194, that Special Magistrates for the Value Adjustment Board for Nassau County, Florida (VAB), will commence hearings on October 14, 2020 at 9:00 a.m., or as soon thereafter as the matter may be heard. The purpose is to hear and make recommendations to the Value Adjustment Board for any adjustments to the tax rolls, petitions relating to assessments, complaints relating to exemption denials, appeals from exemptions denied, appeals concerning ad valorem tax deferrals and classifications. The VAB is also scheduled to commence hearings regarding appeals seeking review and adjustment of the Market or Classified Use Value of real property and/or tangible personal property and any late filed tax exemptions or Agricultural classifications brought before them as follows: October 28, 2020; November 4, 18, and 19, 2020; December 2, and 3, 2020 hearings. Individuals wishing to attend remotely can do so by joining the meeting via the Zoom link below. Hearings held January 6, 7, 27, and 28, 2021 are to be determined at a later date if utilization of the Zoom application will be available. Said hearings will be held at the Robert M. Foster Justice Center, Clerks Training Room, Room No. 1-042, 76347 Veterans Way, Yulee, Florida 32097. The Special Magistrates, Board Clerk, or Board Attorney may appear by telephonic means or video conferencing utilizing the Zoom application in an attempt to curtail the spread of Coronavirus.
Lists are maintained by the office of A. Michael Hickox, Property Appraiser for Nassau County, of all applicants for exemption who have had their applications for exemption wholly or partially approved or denied, as well as applicants seeking review and adjustment of Market or Classified Use Value of real property. Exemptions included on said lists are as follows: Homestead all categories (FS 193.703, FS 196.031, FS 196.075, FS 196.082; FS 196.173, FS 196.202); A change of ownership under FS.193.155(3); a change of ownership or control under FS.193.1554(5) or FSs. 193.1555(5), or a qualifying improvement under FSs.193.1555(5) has occurred; Disability all categories (FS 196.081, FS 196.082, FS 196.091, FS 196.101, FS 196.202; FS 196.24); Widows and widowers exemptions (FS 196.081, FS 196.024, FS 196.102, FS 196.202); Licensed child care facility in enterprise zone (FS 196.095); Tangible personal property (FS 196.183); Institutional charitable, religious, scientific, literary, educational (FS 196.196, FS 196.1961, FS 196.197, FS 196.1975, FS 196.1977, FS 196.1978, FS 196.198, FS 196.1983, FS 196.1985, FS 196.1986, FS 196.1987, FS 196.1999, FS 196.2001 and FS 196.2002); Government property (FS 196.1993, FS 196.199); Parcels granted economic development (FS196.1995); Historic property (FS 196.1961, FS 196.1997, FS 196.1998); Land dedicated in perpetuity for conservation purposes (FS 196.26); Disabled First Responder Discount (FS196.102); and, Deployed Service Members (FS 196.173).
Said lists are available to the public in the office of the Property Appraiser, James S. Page Governmental Complex, 96135 Nassau Place, Suite 4, Yulee, Florida, between the hours of 9:00 AM and 5:00 PM, Monday through Friday, except legal holidays. (Due to the Coronavirus Pandemic, all offices are closed to the public, including walk-ins. Any questions or concerns can call and leave a detailed message at 904-491-7300 and someone will return your call or email info@nassauflpa.com.
The public is invited to be present. Any individual who wishes to attend in person must wear a face covering and practice social distancing measures while in the building. If a person decides to appeal any decision made by the Board, agency or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Individuals with disabilities needing a reasonable accommodation in order to participate in this proceeding should contact (904) 530-6010, or if hearing impaired, 1-800-955-8770 (v) or 1-800-955-8771 (TDD), Florida Relay Service. A 72-hour advance notice is needed in order to accommodate such requests.
DATED THIS 9th day of September, 2020.
John A. Crawford, Ex-Officio Clerk
Value Adjustment Board, Nassau County, Florida
FNL 1T 09-30-2020
#601099
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NOTICE OF PUBLIC MEETING
The South Amelia Island Shore Stabilization Association, Inc. will hold Finance Committee Meetings on October 8, 2020 and October 22, 2020, at 2:00p.m., via ZOOM. To attend this meeting, please call (904) 277-5123 for the link to the meeting.
FNL 2T 09-30 & 10-07-2020
#601247
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NOTICE OF PUBLIC MEETING
DATES RIVER GLEN
COMMUNITY
DEVELOPMENT DISTRICT
The Board of Supervisors of River Glen Community Development District will hold their regular monthly meetings for Fiscal Year 2020/2021 at the River Glen Amenity Center located at 65084 River Glen Parkway, Yulee, Florida 32097 on the following dates:
EXHIBIT A
BOARD OF SUPERVISORS
MEETING DATES
RIVER GLEN COMMUNITY
DEVELOPMENT DISTRICT
FISCAL YEAR 2020/2021
October 15, 2020
November 19, 2020
December 17, 2020
January 21, 2021
February 18, 2021
March18, 2021
April 15, 2021
May 20, 2021*
June 17, 2021
July 15, 2021
August 19, 2021*
September 16, 2021
All meetings will convene at 1:30 p.m. (except for dates marked with * which will meet at 3:30 p.m.) at the River Glen Amenity Center, located at
65084 River Glen Parkway,
Yulee, Florida 32097
Please note that due to the ongoing nature of the COVID-19 public health emergency, it may be necessary to hold the above referenced meetings utilizing communications media technology in order to protect the health and safety of the public or held at an alternative physical location other than the location indicated above. To that end, anyone wishing to participate in such meetings should contact the District Managers Office prior to each meeting to confirm the applicable meeting access and/or location information. Additionally, interested parties may refer to the Districts website for the latest information: https://www.riverglencdd.org/
The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings may be continued to a date, time, and place to be specified on the record at the meeting. A copy of the agenda for these meetings may be obtained from c/o Rizzetta & Company, Inc., 2806 North Fifth Street, Suite 403, St. Augustine, Florida 32084, or by calling (904) 436-6270.
There may be occasions when one or more Supervisors or staff will participate by telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (904) 436-6270 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Office.
A person who decides to appeal any decision made at the meeting with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
District Manager
FNL 1T 9-30-2020
#601336
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PUBLIC NOTICE OF INTENT
TO ISSUE AIR PERMITS
Florida Department of
Environmental Protection
Division of Air Resource
Management, Office of
Permitting and Compliance
Draft Air Construction Permit
Revision No. 0890003-069-AC
Draft Title V Air Operation
Permit No. 0890003-070-AV
WestRock CP, LLC;
Fernandina Beach Mill
Nassau County, Florida
Applicant: The applicant for this project is WestRock CP, LLC (WestRock). The applicant's responsible official and mailing address are: Daniel C. Rowland, General Manager, WestRock, 600 North 8th Street, Fernandina Beach, Florida 32034.
Facility Location: The applicant operates the existing Fernandina Beach Mill, which is in Nassau County at 600 North 8th Street, Fernandina Beach, Florida.
Project: WestRock operates a fully integrated Kraft linerboard mill. The Mill produces linerboard from wood pulp and pulp derived from recycled corrugated containers. The major plant operations consist of: wood yard, pulp mill, recycle plant, chemical recovery, powerhouse, and paper mill. A container plant (box plant) also operates onsite, converting linerboard into corrugated containers. The major fuel burning sources at the Mill consist of two power boilers, two recovery boilers, and one lime kiln.
The applicant applied on August 14, 2020, to the Department for an air construction permit revision and a revised Title V air operation permit. The purpose of Permit No. 0890003-069-AC is to revise Permit No. 0890003-060-AC to clarify the operational restrictions for the firing of natural gas in the No. 4 and No. 5 Recovery Boilers. The purpose of Permit No. 0890003-070-AV is to incorporate operation of the natural gas igniters for the No. 4 and No. 5 Recovery Boilers, as authorized by Permit No. 0890003-060-AC and revised by Permit No. 0890003-069-AC, and the Portfolio Projects, as authorized by Permit No. 0890003-057-AC and revised by Permit Nos. 0890003-063-AC and 0890003-064-AC. This project does not result in any emission increases; therefore, the project is not subject to PSD review.
Permitting Authority: Applications for air construction permits are subject to review in accordance with the provisions of Chapter 403, Florida Statutes (F.S.) and Chapters 62-4, 62-210, and 62-212 of the Florida Administrative Code (F.A.C.). The proposed project is not exempt from air permitting requirements and an air permit is required to perform the proposed work.
Applications for Title V air operation permits are subject to review in accordance with the provisions of Chapter 403, Florida Statutes (F.S.) and Chapters 62-4, 62-210, and 62-213, of the Florida Administrative Code (F.A.C.). The proposed project is not exempt from air permitting requirements and a Title V air operation permit is required to operate the facility.
The Office of Permitting and Compliance in the Division of Air Resource Management is the Permitting Authority responsible for making a permit determination for these projects. The Permitting Authority's physical address is: 2600 Blair Stone Road, Tallahassee, Florida. The Permitting Authority's mailing address is: 2600 Blair Stone Road, MS #5505, Tallahassee, Florida 32399-2400. The Permitting Authority's telephone number is 850/717-9000.
Project File: A complete project file is available for public inspection during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday (except legal holidays), at the address indicated above for the Permitting Authority. The complete project file includes the draft air construction revision, the draft Title V air operation permit, the Statement of Basis, the application, and the information submitted by the applicant, exclusive of confidential records under Section 403.111, F.S. Interested persons may view the draft permits by visiting the following website: https://fldep.dep.state.fl.us/air/emission/apds/default.asp and entering the permit number shown above. Interested persons may contact the Permitting Authority's project review engineer for additional information at the address or phone number listed above.
Notice of Intent to Issue Air Permit: The Permitting Authority gives notice of its intent to issue an air construction permit to the applicant for the project described above. The applicant has provided reasonable assurance that operation of proposed equipment will not adversely impact air quality and that the project will comply with all appropriate provisions of Chapters 62-4, 62-204, 62-210, 62-212, 62-296, and 62-297, F.A.C. The Permitting Authority will issue a final permit in accordance with the conditions of the proposed draft air construction permit unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S. or unless public comment received in accordance with this notice results in a different decision or a significant change of terms or conditions.
The Permitting Authority will accept written comments concerning the draft Title V air operation permit for a period of 30 days from the date of publication of the Public Notice. Because this permitting project is a revision to the existing Title V air operation permit, the revisions detailed in the Statement of Basis are the only portions of the permit that are open for public comment or challenge. Comments received related to the remainder of the permit will not be addressed during this permitting action. Written comments must be received by the close of business (5:00 p.m.), on or before the end of this 30-day period by the Permitting Authority at the above address. As part of his or her comments, any person may also request that the Permitting Authority hold a public meeting on this permitting action. If the Permitting Authority determines there is sufficient interest for a public meeting, it will publish notice of the time, date, and location in the Florida Administrative Register (FAR). If a public meeting is requested within the 30-day comment period and conducted by the Permitting Authority, any oral and written comments received during the public meeting will also be considered by the Permitting Authority. If timely received written comments or comments received at a public meeting result in a significant change to the draft Title V air operation permit, the Permitting Authority shall issue a revised draft Title V air operation permit and require, if applicable, another Public Notice. All comments filed will be made available for public inspection. For additional information, contact the Permitting Authority at the above address or phone number.
Petitions: A person whose substantial interests are affected by the proposed permitting decision may petition for an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the Public Notice or receipt of a written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who asked the Permitting Authority for notice of agency action may file a petition within 14 days of receipt of that notice, regardless of the date of publication. A petitioner shall mail a copy of the petition to the applicant at the address indicated above, at the time of filing. A petition for administrative hearing must contain the information set forth below and must be filed (received) with the Agency Clerk in the Office of General Counsel, 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399-3000, Agency_Clerk@dep.state.fl.us, before the deadline. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the approval of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
A petition that disputes the material facts on which the Permitting Authority's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, telephone number and any facsimile number of the petitioner; the name, address, any email address, telephone number, and any facsimile number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how each petitioner received notice of the agency action or proposed decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action including an explanation of how the alleged facts relate to the specific rules or statutes; and, (g) A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts upon which the Permitting Authority's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Permitting Authority's final action may be different from the position taken by it in this written notice of Intent to Issue Air Permit. Persons whose substantial interests will be affected by any such final decision of the Permitting Authority on the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
Extension of Time: Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation: Mediation is not available for this proceeding.
Objections: Finally, pursuant to 42 United States Code (U.S.C.) Section 7661d(b)(2), any person may petition the Administrator of the EPA within 60 days of the expiration of the Administrator's 45-day review period as established at 42 U.S.C. Section 7661d(b)(1), to object to the issuance of any Title V air operation permit. Any petition shall be based only on objections to the permit that were raised with reasonable specificity during the 30-day public comment period provided in the Public Notice, unless the petitioner demonstrates to the Administrator of the EPA that it was impracticable to raise such objections within the comment period or unless the grounds for such objection arose after the comment period. Filing of a petition with the Administrator of the EPA does not stay the effective date of any permit properly issued pursuant to the provisions of Chapter 62-213, F.A.C. Petitions filed with the Administrator of EPA must meet the requirements of 42 U.S.C. Section 7661d(b)(2) and must be filed with the Administrator of the EPA at: U.S. Environmental Protection Agency, Office of the Administrator, 1200 Pennsylvania Avenue, N.W., Mail Code: 1101A, Washington, DC 20460. For more information regarding EPA review and objections, visit EPA's Region 4 web site at: http://www 2.epa.gov/caa-permitting/florida-proposed-title-v-permits.
FNL 1T 09-30-2020
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