Notice of intent to issue air permit for Buckeye Terminals, LLC in Fort Lauderdale.

PUBLIC NOTICE OF INTENT TO ISSUE AIR PERMIT 
Public Works and Environmental Services Department (PWESD) 
Natural Resources Division (NRD)
 Draft Air Permit No. 0110061-030-AC 
Buckeye Terminals, LLC, Buckeye Fort Lauderdale Terminal
 Broward County, Florida
Applicant:  The applicant for this project is Buckeye Terminals, LLC. and the authorized representative name and mailing address is:  Danielle Hardy, Operations Manager, Buckeye Terminals, LLC, Buckeye Fort Lauderdale Terminal, 848 McCloskey Blvd, Tampa, FL 33605.  
Facility Location:  Buckeye Terminals, LLC operates the existing Buckeye Fort Lauderdale Terminal, which is located in Broward County at 1501 SE 20th Street in Fort Lauderdale, Florida. 
Project: Buckeye Terminals, LLC proposes to increase the loading rack (EU001) gasoline/denatured ethanol throughput from 410,000,000 gallons per year (GPY) to 600,000,000 GPY and  floating roof storage tanks (EU 0012) from 500,000,000 GPY to 750,000,000 GPY. It also updates each tank capacity and the Standard Industrial Classification (SIC) No. from 5171 to 4226, since Buckeye does not own the product at the Terminal and operates as a warehousing facility.  The existing Buckeye Fort Lauderdale Terminal shall be reclassified to a TV facility once the project is completed.  
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 Natural Resources Divison (NRD).  The NRDs physical address is: 115 S. Andrews Ave., Room 329H, Fort Lauderdale, FL 33301 and the main telephone number is (954) 519-1270. 
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 physical 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 Authoritys 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:  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 appropriate 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 Office of the Broward County Attorney, 115 South Andrews Avenue, Room: 423, Fort Lauderdale, Florida 33301-1872 before the deadline.  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 Permitting Authoritys 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, 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 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 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 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 Permitting Authoritys 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. 
Extension of Time:  Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the NRDs action may also request an extension of time to file a petition for an administrative hearing.  The NRD 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 the Broward County Attorney, 115 South Andrews Avenue, Room: 423, Fort Lauderdale, Florida 33301-1872 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.  
4/16/26
58366