Posted on December 1, 2020
PUBLIC NOTICE OF INTENT TO ISSUE AIR PERMIT
Florida Department of Environmental Protection
Division of Air Resource Management, Office of Permitting and Compliance
Draft Air Permit
No. 1230001-095-AC
Foley Cellulose LLC, Foley Mill
Taylor County, Florida
Applicant: The applicant for this project is Foley Cellulose LLC. The applicant’s authorized representative and mailing address is: Thomas Kicklighter, V.P. and General Manager, Foley Cellulose LLC, Foley Mill, One Buckeye Drive, Perry, Florida, 32348.
Facility Location: Foley Cellulose LLC operates the existing Foley Mill, which is in Taylor County at One Buckeye Drive in Perry, Florida.
Project: The Foley Mill is an existing softwood Kraft Process Pulp Mill that manufactures bleached market pulps and dissolving cellulose pulps consisting of the following major activities: two Kraft pulp mills, chemical recovery, causticizing, purification (i.e. bleaching), papermaking, woodyard, and utility operations.
The purpose of this project is to replace the D0 Stage Washer and associated dilution pump and hydro-doctor, repair or replace the existing tile vat and filtrate tank and modify the steam mixer in the No. 2 Purification Plant. This project is part of a previously issued Permit No. 1230001-078-AC. Pollutants affected by this project are carbon monoxide (CO), volatile organic compounds (VOC) and total reduced sulfur (TRS). Emissions increases from this project are minimal and combined for both projects are 24.95 tons per year (TPY) of CO; 12.03 TPY of VOC; and 6.18 TPY of TRS. To provide reasonable assurance that the two projects combined do not trigger Prevention of Significant Deterioration review pursuant to Rule 62-212.400, Florida Administrative Code, the applicant is required to monitor and report for a period of 5-years for sulfur dioxide and TRS as required in Permit 1230001-078-AC and extended in this permit.
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. The Permitting Authority responsible for making a permit determination for this project is the Office of Permitting and Compliance in the Department of Environmental Protection’s Division of Air Resource Management. 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 phone 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 Permit, the Technical Evaluation and Preliminary Determination, the application and information submitted by the applicant (exclusive of confidential records under Section 403.111, F.S.). Interested persons may contact the Permitting Authority’s project engineer for additional information at the address and phone number listed above. In addition, electronic copies of these documents are available on the following web site by entering the draft permit number: https://fldep.dep.state.fl.us/air/emission/apds/default.asp.
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 applicable 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 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 proposed Draft 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 Permit, the Permitting Authority shall revise the Draft Permit and require, if applicable, another Public Notice. All comments filed will be made available for public inspection.
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 state; (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 Public 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 in this proceeding.
PUBLIC MEETING
TO WHOM IT MAY CONCERN
Please take notice that the Three Rivers Regional Library Board will hold a Board Meeting on Thursday, December 10, 2020, at 3:00 p.m., at the Dixie County Public Library, in Cross City, Florida.
All interested persons are invited to attend and be heard. Please be advised, that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearing, that person will need a record of the proceedings, and that, for such purpose, he/she 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.
“Person with disabilities requesting reasonable accommodations to participate in this proceeding should contact (352) 498-1200 (Voice & TDD) or via Florida Relay Service at (800) 955-8771.”
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