HEINTZ, GENEVA ACKER, ROBERT ) 78-2086, 78-2087 ACKER, ALBERT F. LATCHFORD, ) 78-2088, 78-2089 HENRY T. BARRICK, MARGARET W. ) 78-2090, 78-2091 BARRICK, and ELSA C. HEINTZ, ) 78-2092, 78-2093
) 78-2096, 78-2097
Petitioner, ) 78-2098, 78-2099
)
vs. )
) STATE OF FLORIDA, DEPARTMENT OF ) ENVIRONMENTAL REGULATION, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this case on February 6, 1979, in St. Petersburg, Florida.
APPEARANCES
For Petitioners: David Morgan, Maureen Benussi,
John D. Aguiar, Mary L. Aguiar, Florence Presti, Robert H. Heintz,
Elsa C. Heintz, Albert F. Latchford and Henry T. Barrick, appeared in proper person.
For Respondent, Alfred W. Clark, Esquire
Department of Department of Environmental Regulation Environmental Twin Towers Office Building
Regulation 2600 Blair Stone Road Tallahassee, Florida 32301
For Respondent, Robert G. Varner, Jr., Esquire Pinellas County, Assistant County Attorney Florida 315 Haven Street
Clearwater, Florida 33516 STATEMENT OF THE ISSUE
Pinellas County ("Applicant") seeks a complex air source permit from the State of Florida, Department of Environmental Regulation ("DER") for construction of a six land divided highway known as the Belcher Road Project in
Pinellas County, Florida. DER has issued notice of its intention to issue the requested permit, and Petitioners have requested a formal hearing pursuant to s 120.57(1), Florida Statutes, to contest issuance of the permit.
Applicant contends that reasonable assurance have been provided in the application to DER that ambient air quality standards will not be violated as a result of the construction and operation of the proposed project. Petitioners contend that reasonable assurances have not been provided, and further, that increased flow of traffic on the roadway will result in greater air and noise pollution, destruction of scenic beauty of the surrounding environment, with the result of loss in the values of their respective homes. Petitioners also contend that the increase in traffic flow will also adversely affect the safety and welfare of the residents of the area. Finally, the Petitioners assert that the application for the permit was not certified by a professional engineer registered in the State of Florida as required by Florida law.
These proceedings were initiated by the filing of 17 separate identical petitions which have each been assigned a separate Division Administrative Hearings case number. On the motion of DER, these cases were consolidated by Order dated December 7, 1978.
The final hearing in this cause was schedule by Notice of Hearing dated January 15, 1979.
At the final hearing, Petitioners called David Morgan, Jack Fross, and Keith Wicks as their witnesses. Petitioners offered Petitioner's Exhibit No. 1 which was received into evidence. DER called William H. Brown, II as its witness, and offered DER Exhibits No. 1 and 2, which were received into evidence. Applicant called Keith Wicks, Gene Jordan, Jack Fross and Joseph K. Cubic as its witnesses, and offered Applicant's Exhibits 1-5, inclusive, each of which was received into evidence.
No appearance by or on behalf of the following Petitioners was made at the final hearing: Nancy Morgan, Virginia Elkins, Gregory M. Elkins, Geneva Acker, Robert Acker, Rosemary Latchford and Margaret W. Barrick.
FINDINGS OF FACT
Applicant proposes to construct a project identified as the Belcher Road Project CC52-6944, located in Pinellas county, Florida, along the Belcher Road corridor from Sunset Point Road (SR-588) north to Willow Tree Trail. The project includes construction of a six land divided highway facility along an unimproved dirt road within the right-of-way of Belcher Road. In order to undertake the project, Applicant is required to obtain a complex air source permit as required by Rule 17-2.05(8), Florida Administrative Code.
Petitioners are residents and property owners living in Woodgate subdivision which is located near the northern-most terminus of the project where it intersects Willow Tree Trail. If constructed, the proposed project will increase the volume of traffic in the neighborhood of Woodgate subdivision, and will have some impact on the qualify of the ambient air in the vicinity of property which Petitioners own or reside upon.
Applicant filed an application for a complex air source permit with DER on July 6, 1978. Although the original application did not include a certification by a professional engineer registered in the State of Florida, this certification as provided by letter dated September 28, 1978. Applicant
supported its application with data including estimates of pollutants that would be emitted from automobiles utilizing the completed highway, and concentrations of carbon monoxide along the highway corridor using computer modeling techniques.
Among the computer models utilized was Mobile I, which is used to predict emissions of automobile-related pollutants based upon various categories of traffic data. Included in the Mobile I computer program were various factors including highway speed, traffic volumes, vehicle mix, "cold" versus "hot" starts, ambient air temperature, and pavement height. Emission factors generated form this computer model result in predicted pollutant loadings in grams per vehicle mile. Figures concerning average vehicle speed and average daily traffic for the proposed facility were obtained from Pinellas County Planning Department. This information, submitted in conjuction with the application, established ambient air temperature, and pavement height. Emission factors generated from this computer model result in predicted pollutant loadings in grams per vehicle mile. Figures concerning average vehicle speed and average daily traffic for the proposed facility were obtained from* he Pinellas County Planning Department. This information, submitted in conjunction with the application, established average speeds for one, eight, and twenty-four hour conditions for the years 1979-1988. Average speeds for one hour conditions along the proposed highway are 30 mph for 1979 and 27 mph for 1988. Average speeds for eight hour conditions is estimated to be 31 mph for 1979 and 29 mph for 1988. Average speeds for twenty-four hour conditions is estimated to be 31 mph for 1979 and 29 mph for 1988. Average speeds for twenty-four hour conditions will be 32 mph for 1979 and 31 mph for 1988. These average speeds, when combined with other data indicated above, are placed into the Mobile I computer program to obtain total emission factors. The result of this program is then run through a computer program known as Caline II.
The Caline II program is a basic diffusion model designed to estimate concentrations of carbon monoxide at various points along and distances from a roadway. This computer model is a mathematical equation that simulates or predicts the concentration of pollutants at various points after they are released from their source and allowed an opportunity to mix with the atmosphere. The results of the Caline II computer model indicate that in this case, under "worst case conditions" the highest one hour concentration of carbon monoxide will occur at the intersection of Belcher Road an descent Point Road. The ambient concentration at that point is expected to be 15.2 ppm, which represents 43% of the DER ambient air quality standard for carbon monoxide. The highest eight hour average occurred at this same intersection, and indicated an expectation of 4.5 ppm, which represent 50% of the DER ambient air quality standard for carbon monoxide.
No computer model was used to project expected concentrations of hydrocarbons, nitrogen oxides, photochemical oxidants or other pollutants expected to be associated with the project, because no such computer model is presently available which is acceptably accurate to project concentrations of those polluntant. However, extrapolating from the above date for carbon monoxide reasonable predictions for these related pollutants can be made since carbon monoxide serves as a controlling pollutant indicating expected concentration levels for other pollutants. Under circumstances present in this case, it is reasonable to base a projection for hydrocarbons, nitrogen oxide, and phochemical oxidants upon the data projecting carbon monoxide ambient air concentration. Utilizing this analysis, studies submitted in support of the application by the applicant affirmatively established that ambient air qualify
standards for hydrocarbons, nitrogen oxides and photochemical oxidants will not be violated as a result of the construction of the project.
CONCLUSIONS OF LAW
The Division of Administrative hearings has jurisdiction over the subject matter and the parties to this action. s 120.57, Florida Statutes.
Petitioners David Morgan, Maureen Benussi, John D. Aguiar, Mary L. Aguiar, Florence Presti, Robert H. Heintz, Albert F. Latchford and Henry T. Barrick have standing as parties whose "substantial interests" will be affected by proposed agency action in this proceedings. Florida Department of Offender Rehabilitation v. Jerry, 353 So.2d 1230 (Fla. 1 DCA 1978); United States v. S.C.R.A.P., 412 U.S. 669, 93 S.Ct. 2405, 37 L. Ed. 2nd 254 (1973). However, Petitioners Nancy Morgan, Virginia Elkins, Gregory M. Elkins, Geneva Acker, Robert Acker, Rosemary Latchford and Margaret W. Barrick, each of whom failed to appear at the final hearing, have failed to establish that their "substantial interests" will in any way be affected by proposed agency action.
Applicant has provided DER with reasonable assurance that ambient air quality standards will not be violated by construction and operation of the proposed facility, and that the facility will be consistent with DER policies for maintaining and improving air quality in accordance with s 402.021(3), Florida Statutes, and Rule 17-2.01, Florida Administrative Code.
