No Ethanol Wins State Review of Draft Air Quality Permit

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The Florida Division of Administrative Hearings (DOAH) has granted a petition by No Ethanol Fernandina to conduct a hearing on the validity of a draft air quality permit for Rayonier Advanced Materials (RYAM) plans to operate a bioethanol plant in the city.

DOAH has not set a date for the hearing.

Last March, the Florida Department of Environmental Protection (FDEP) issued RYAM a draft air quality permit to operate a bioethanol plant at its facility on Gum Street that would produce 7.5 million gallons of bioethanol a year.

But in April, Tom Budd of No Ethanol Fernandina filed a petition requesting an administrative hearing be conducted stating, "This project did not meet these applicable statutes and regulations required for preconstruction review."

Specifically, the petition questions the accuracy of air emissions data submitted by RYAM in its air quality permit application to FDEP.

"Comparing the applicant’s (RYAM) self-reported “actual” Annual Emission Reports to the DEP for the past three years (2021, 2022, 2023), to the “projected” emissions shown in their air permit application, the air emissions will exceed the threshold of three important toxic pollutants NOx, SO2 and CO that should have triggered PSD review," the petition stated.

PSD stands for Prevention of Significant Deterioration (PSD) of Air Quality. The PSD program is a regulatory framework established under the Clean Air Act. Its purpose is to prevent significant deterioration of air quality in areas that currently meet or exceed national ambient air quality standards (NAAQS).

Under the PSD program, any proposed new major source of air pollution or modification to an existing major source in an area meeting NAAQS must undergo a thorough review process to ensure that it will not cause significant deterioration of air quality. The review includes an assessment of the potential impact on air quality, visibility, and public health.

Budd's petition states, "Petitioners dispute the data included in the air construction permit as incomplete and inaccurate and allege that the projected actual emissions of key pollutants exceed the allowable limits set by applicable regulations and trigger Potential Significant Deterioration (PSD) review."

The petition was filed by No Ethanol Fernandina attorney Ralf Brookes based in Cape Coral, Florida.

"The outcome we're seeking is that FDEP denies RYAM the air quality permit for the bioethanol plant," Budd said.

DOAH's hearing will not be open to the public.