PUBLIC NOTICE OF INTENT TO ISSUE AIR PERMIT

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    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. 0530021-077-AC
    CEMEX Construction Materials Florida, LLC, Brooksville South Cement Plant
    Hernando, Florida
    Applicant:  The applicant for this project is CEMEX Construction Materials Florida, LLC (CEMEX).  The applicant’s authorized representative and mailing address is:  Mr. Alberto Calleros, Plant Manager, Brooksville South Cement Plant, 10311 Cement Plant Road, Brooksville, Florida  34601.
    Facility Location:  CEMEX operates the existing Brooksville South Cement Plant, which is in Hernando County at 10311 Cement Plant Road in Brooksville, Florida.
    Project:  CEMEX applied for an air construction permit to modify the existing coal mill fan for Cement Kiln 1, In-Line Kiln/Raw Mill and Clinker Cooler 1 with Baghouse (emission unit (EU) 020) by increasing the fan speed and replacing existing fan blades with larger blades to increase air flow thereby improving the operational efficiency of Kiln 1.  The increase air flow is necessary to compensate for the reduced air flow caused by decoupling the kiln from an onsite power plant in the 2011-2012 timeframe. 
    Currently, the Department is processing Project No. 0530021-075-AC.  The purpose of this project is to convert Kiln 1 to indirect-firing.  Once the kiln is converted, the increased coal mill air flow requested by this project will no longer be a factor as the gas flow through the coal mill will be designed to be consistent with the indirect-firing kiln project.  The temporary modified coal mill fan project will result in a minimal increase in particulate matter emissions, until the project is subsumed by the indirect-firing kiln project.  The permit requires that the modified coal mill fan cease operation upon conversion of the kiln to indirect-firing.
    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, [email protected], 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.
    Mediation:  Mediation is not available in this proceeding. 

    (03/15/2019)