RYAM Loses Attempt to Quash Bioethanol Challenge

By Mike Lednovich

A Florida Division of Administrative Hearings (DOAH) judge has denied Rayonier Advanced Materials' motion to dismiss a challenge of its air quality permit to build a bioethanol production plant at its Fernandina Beach complex.

In its motion to have the case dismissed, RYAM claimed that the petition for the hearing was "factually insufficient because the Petition does not establish that Petitioner (Tom) Budd’s substantial interests will be impacted by the Agency’s proposed action." Budd lives on Elm Street just across from the massive RYAM cellulose manufacturing site.

DOAH Administrative Law Judge E. Gary Early ruled that RYAM's statements in its motion to dismiss the challenge "do not constitute disputed issues of fact or law for purposes of this proceeding."

The Florida Department of Environmental Protection (FDEP) granted a petition filed by Tom Budd of No Ethanol Fernandina requesting an administrative hearing be conducted, stating, "This project did not meet these applicable statutes and regulations required for preconstruction review."

That hearing will be heard by the DOAH and Judge Early. The hearing has been scheduled for Oct. 1-3 tentatively in Fernandina Beach. It has not been determined if the hearing will be open to the public.

The hearing will determine the validity of the FDEP draft air quality permit issued last March to RYAM 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, Budd of No Ethanol Fernandina filed the petition requesting an administrative hearing be conducted.

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