Surface Coating of Miscellaneous Metal Parts and Products

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO GRANT VARIANCE

RULE NO.:RULE TITLE:

62-296.513Surface Coating of Miscellaneous Metal Parts and Products

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO GRANT VARIANCE

The Department of Environmental Protection (Department) gives notice of its intent to grant a variance (OCG No.14-0509) under Section 403.201, Florida Statutes (F.S.), to Central Florida Custom Trailers, Inc. (d.b.a. Ram-Lin), a metal fabrication and finishing company located at 2136 East Fourth Street, Orlando, Florida to allow relief from compliance with a volatile organic compound (VOC) reasonably available control technology (RACT) requirement of Rule 62-296.513, Florida Administrative Code (F.A.C.). The variance allows the petitioner to use a non-RACT compliant chromate metal wash primer that is required to meet a U.S. Department of Defense contract specification. The Department’s 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 Business Planning, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, [phone].

The Department will grant the proposed variance unless a timely petition for administrative hearing is filed under Sections 120.569 and 120.57, F.S. before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below.

A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S., must be filed within fourteen days of publication of the notice or receipt of written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice regardless of the date of publication. The 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 for an administrative hearing 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.

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; (c) 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; (d) an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (e) a statement of when and how the petitioner received notice of the agency decision; (f) a statement of all disputed issues of material fact. If there are none, the petition must so indicate; (g) a concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (h) a statement of the specific rules or statutes that 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 (i) a statement of the relief sought by the petitioner, stating precisely the action that 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.

Because the administrative hearing process is designed to determine final agency action on the application, the filing of a petition for an administrative hearing means that the Department’s final action may be different from the position taken in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.

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