Gasoline Dispensing Facilities - Stage II Vapor Recovery

RULE NO: RULE TITLE
62-252.400: Gasoline Dispensing Facilities - Stage II Vapor Recovery

 

The Department of Environmental Protection (Department) gives notice of its intent to grant three separate and distinct variances under Section 403.201, Florida Statutes (F.S.), to the Avis Budget Group, Inc., whose corporate address is 6 Sylvan Way, Parsippany, New Jersey 07054. The three rental car facilities in Palm Beach County, located at 2500 Belvedere Road, West Palm Beach (OGC File No. 08-2326), 1 N. W. Yamato Way, Boca Raton (OGC File No. 08-2324) and Palm Beach International Airport, West Palm Beach (OGC File No 08-2320), have requested and the Department intends to grant three separate and distinct variances from compliance with the requirement for continued operation and maintenance of the facility’s Stage II vapor recovery system required under Rule 62-252.400, Florida Administrative Code (F.A.C.). The Avis Budget Group, Inc. Rental Car Fueling facilities maintain 100% of their motor vehicle fleet equipped with onboard refueling vapor recovery (ORVR) systems. The design recovery of a vehicle’s ORVR system is 95% efficient which is equivalent to the Stage II vapor recovery system’s required efficiency under Rule 62-252.400, F.A.C. The Department’s files on these matters are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department’s Division of Air Resource Management, Office of Policy Analysis and Program Management, 111 S. Magnolia Drive, Suite 23, Tallahassee, Florida 32301, [phone].

A person whose substantial interests are affected by the Department’s actions may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S., on any of the above referenced variance requests. The petition must contain the information set forth below and must be filed (received by the clerk) in the Department’s Office of General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. The petition must identify the individual intent to grant variance which is being petitioned.

Mediation under Section 120.573, F.S., is not available.

Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department’s final action may be different from the position taken by it in this notice.

Petitions by the applicant or any of the parties listed below must be filed within twenty-one (21) days of receipt of this written notice. Petitions by other persons must be filed within twenty-one (21) days of publication of the notice or receipt of the written notice, whichever occurs first. The petitioner shall mail a copy of the petition to the applicant at the Avis Budget Group’s corporate address indicated above at the time of filing. 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 discretion 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 Department’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, and telephone number of the petitioner; the name, address, and telephone 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 or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency 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 on which the Department’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. Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.