PUBLIC NOTICE OF INTENT TO EXEMPT FROM AIR PERMITTING

Florida Department of Environmental Protection
Division of Air Resource Management, Permit Review Section
Draft Air Permit Exemption
Project No. 0570057-050-AC
EnviroFocus Technologies, LLC, EnviroFocus Technologies
Hillsborough County, Florida

Applicant: The applicant for this project is EnviroFocus Technologies, LLC. The applicant’s authorized representative and mailing address is: Mr. Lou D`Agostino, VP of Tampa Operations, EnviroFocus Technologies, LLC, EnviroFocus Technologies, 6505 Jewel Avenue, Tampa, FL 33619.

Facility Location: EnviroFocus Technologies, LLC operates the existing EnviroFocus Technologies (EFT) facility, which is located in Hillsborough County at 6505 Jewel Avenue in Tampa, Florida.

The EFT facility recycles automotive and industrial lead-acid batteries, as well as other lead-acid bearing scrap materials to produce lead ingots. The process involves several key operations (or steps) which include receiving batteries and recyclable materials; battery breaking and separation into lead, lead salts, plastic, and acid electrolyte; storage and containment of recovered lead and lead waste; acid neutralization and wastewater treatment; lead smelting and refining; casting; and shipping.

Project: On July 9, 2026, EnviroFocus Technologies, LLC submitted a request for an exemption from the requirement to obtain an air construction permit to replace the afterburner vessel which consists of five (5) water-jacketed cylindrical components (“afterburners cans”) for collocated control of the reverberatory and blast furnaces. Modifications to the afterburner water jacket inlet and outlet nozzles will be made to reduce wear of the water jacket, and the top can or afterburner outlet will be redesigned to reduce build-up of flue dust at the top of the can. The new design will not cause a change to the gas flows or residence time in the afterburner chamber. The proposed project will not result in emissions increases at the EFT facility. A complete review of this project is summarized in the Technical Evaluation and Preliminary Determination document.

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 Division of Air Resource Management’s (DARM) Permit Review Section is the Permitting Authority responsible for making a permit determination for this project. 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 telephone 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 address indicated above for the Permitting Authority. The complete project file includes the Draft Permit Exemption, the Technical Evaluation and Preliminary Determination, the application, and the information submitted by the applicant, exclusive of confidential records under Section 403.111, F.S. Interested persons may contact the Permitting Authority’s project review engineer for additional information at the address or phone number listed above.

Notice of Intent to Exempt from Air Permitting: The Permitting Authority gives notice of its intent to exempt the above described activity from the requirement to obtain an air construction permit. Pursuant to Rule 62.4.040(1)(b) of the Florida Administrative Code (F.A.C.) and for the reasons stated in the Technical Evaluation, the Permit Review Section determines that the activity will not emit air pollutants, “… in sufficient quantity, with respect to its character, quality or content, and the circumstances surrounding its location, use and operation, as to contribute significantly to the pollution problems within the State, so that the regulation thereof is not reasonably justified.” This permitting decision is made pursuant to Chapter 403, Florida Statutes. The Permitting Authority will issue a Final Permit Exemption in accordance with the conditions of the proposed Draft Permit Exemption 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 Exemption for a period of 14 days from the date of publication of this Public Notice to Exempt from Air Permitting (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 the 14-day period to the above address and electronically to David Read at David.Read@FloridaDEP.gov. Significant written comments may require a substantial a change to the Draft Permit Exemption with a new Public Notice or may result in the determination that an air permit is required. 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. The petition must contain the information set forth below and must be filed with (received by) the Department’s Agency Clerk in the Office of General Counsel of the Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station #35, Tallahassee, Florida 32399-3000. Petitions filed by the applicant or any of the parties listed below must be filed within 21 days of receipt of this Written Notice of Intent to Exempt from Air Permitting. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the attached Public Notice or within 21 days of receipt of this Written Notice of Intent to Exempt from Air Permitting, 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 21 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. 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, and telephone number of the petitioner; 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; 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 Exempt from Air Permitting. 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 Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department 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 General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, 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. 08/16/2026 100152