The Department of Environmental Protection (Department) gives notice of its intent to grant a variance under Section 403.201, F.S., from the provisions of Rule 62-296.513, F.A.C., to the Lockheed Martin Aeronautics Company, an aerospace parts and components manufacturing facility located at 9300 28th Street North, Pinellas Park, Florida (File No. 19-3711) to allow relief from compliance with the volatile organic compound (VOC) reasonably available control technology (RACT) requirements of Rules 62-296.513, Florida Administrative Code (F.A.C.). The final order requires the petitioner to comply with the VOC content limits contained in the United States Environmental Protection Agency (U.S. EPA) Aerospace Industry Control Technology Guideline (Aerospace CTG) document titled Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations (EPA-453/R-97-004). The Departments file on this matter is 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 of Environmental Protection, Division of Air Resource Management, Office of Policy Analysis and Program Management, 111 S. Magnolia Drive, Suite 23, Tallahassee, Florida 32301, Telephone: (850)717-9023.
A person whose substantial interests are affected by the proposed variance decision may petition for an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed with (received by) the Departments Agency Clerk in the Office of General Counsel of the Department of Environmental Protection at 3900 Commonwealth Boulevard, Mail Station #35, Tallahassee, Florida 32399-3000 (Telephone: (850)245-2241) Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S. must be filed within 21 days of publication of this Public Notice or receipt of a written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who made written request for notice of this proposed agency action may file a petition within 21 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. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that persons 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 Departments action is based must contain the following information: (a) The name and address of each agency affected and each agencys file or identification number, if known; (b) The name, address and telephone number of the petitioner; the name address and telephone number of the petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioners substantial rights will be affected by the agency determination; (c) A statement of when and how the 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 agencys proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agencys 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 agencys proposed action. A petition that does not dispute the material facts upon which the Departments 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 Authoritys 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.
Mediation: Mediation is not available for this proceeding.
