You are here: Home General Resources Public Assistance in Permitting

Calendar of Public Meetings and Hearings on Permitting Cases

Listing of all upcoming public meetings, notice and comment hearings, informal public hearings, and contested case hearings on permitting applications.

Please Note

Date Applicant Name Type of Meeting or Hearing Permit Number SOAH Docket Number
08/16/2010 Building Materials Corporation of America Contested Case Hearing 7711A 582-10-5031
08/20/2010 Wylie Northeast Special Utility District Contested Case Hearing WQ0014935001 582-10-3785
09/02/2010 Micro Dirt, Inc. Public Meeting 2361, 43024 --
09/14/2010 Knife River Corporation - South
Public Hearing 92694 --
09/16/2010 Tommy Davis dba Slick Machines Contested Case Hearing 82199L002 582-10-5281
09/21/2010 PHW, EMW, AWB & EB Texas, LLC Public Meeting WQ0014970001 --

Please Note

With few exceptions, the meetings and hearings on this page have been requested by the public for the specific purpose of debating permitting issues, such as whether a facility should be allowed to obtain, renew, or amend a Texas Pollutant Discharge Elimination System, New Source Review, or Municipal Solid Waste permit at a specific location.

All of the meetings are arranged and conducted by the TCEQ's Office of Public Assistance (OPA), which was charged on September 30, 1996, with providing the public access to information--including the right to request meetings and hearings--on most permitting applications handled by the TCEQ. Most of the hearings, however, are arranged and conducted by the State Office of Administrative Hearings (SOAH), which was created expressly for that purpose.

This calendar only lists meetings and contested case hearings on permitting cases. In addition, the SOAH hearings in this calendar only announce the first notice, or preliminary hearing date, of a case, and are posted purely as a courtesy to our customers. For information on subsequent SOAH hearings, contact the Office of the Public Interest Counsel at 512/239-6363, or SOAH at the number listed below.

Follow these links to find information about TCEQ commission agendas, commission work sessions, the executive director's agenda, and public hearings for proposed rules; or SOAH hearings Exit the TCEQ on rate cases, Certificates of Convenience and Necessity (CCN), enforcement matters, and contract disputes.

If you have questions about a specific hearing or meeting, please call the contact person listed on the hearing or meeting notice. If you have general questions about this calendar, please call OPA (1-800-687-4040 within Texas). Alternatively, you may call Kathy Beyer (512/239-1486) for questions about MSW registrations and all other permits.

SOAH may be reached by phone (512/475-4993), by E-mail (feedback@soah.state.tx.us), or on the Web (www.soah.state.tx.us). Exit the TCEQ

Persons with disabilities who plan to attend an OPA meeting or SOAH hearing and who need special accommodations should call OPA (1-800-687-4040) or 1-800-RELAY-TX (TDD) at least one week prior to the event.

***

DATE and TIME TCEQ REGION DESCRIPTION
August 16, 2010
10:00 a.m.
11 Contested Case Hearing

NOTICE OF HEARING
BUILDING MATERIALS CORPORATION OF AMERICA
SOAH Docket No. 582-10-5031
TCEQ Docket No. 2010-0896-AIR
Proposed Permit No. 7711A

APPLICATION. Building Materials Corporation of America has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment to Air Quality Permit Number 7711A, which would authorize modification to an Asphalt Roofing Production facility located at 2600 Singleton Boulevard, Dallas, Dallas County, Texas 75212-3738. The facility will emit the following air contaminants: particulate matter including particulate matter less than 10 microns in diameter and particulate matter less than 2.5 microns in diameter, sulfur dioxide, volatile organic compounds, carbon monoxide, and nitrogen oxides.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue the permit because it meets all rules and regulations. The permit application, executive director’s preliminary decision, and draft permit will be available for viewing and copying at the TCEQ Central Office, the TCEQ Fort Worth Regional Office, and at the Dallas West Library, 2332 Singleton Boulevard, Dallas, Dallas County, Texas, beginning the first day of publication of this notice. The facility’s compliance file, if any exists, is available for public review at the Texas Commission on Environmental Quality Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas.

DIRECT REFERRAL. The Notice of Application and Preliminary Decision was published on March 11, 2010. On June 2, 2010, the Applicant filed a request for direct referral to the State Office of Administrative Hearings (SOAH). Therefore, the chief clerk has referred this application directly to SOAH for a hearing on whether the application complies with all applicable statutory and regulatory requirements.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – August 16, 2010
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155.

To request to be a party, you must attend the hearing and show you would be affected by the application in a way not common to the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information regarding the TCEQ can be found at www.TCEQ.state.tx.us.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Further information may also be obtained from Building Materials Corporation of America at the address stated above or by calling Mr. Doug Harris, Plant Engineer, at 214-637-8909.

Issued: July 6, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

***

DATE and TIME TCEQ REGION DESCRIPTION
August 20, 2010
10:00 a.m.
11 Contested Case Hearing

AMENDED NOTICE OF HEARING
(To change hearing date. No other changes have been made.)
WYLIE NORTHEAST SPECIAL UTILITY DISTRICT
SOAH Docket No. 582-10-3785
TCEQ Docket No. 2010-0107-MWD
Proposed Permit No. WQ0014935001

APPLICATION. Wylie Northeast Special Utility District, 745 Parker Road, Wylie, Texas 75098 has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014935001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. Sludge generated from the treatment facility would be hauled by a registered transporter and disposed of at a TCEQ permitted landfill, 121 Regional Disposal Facility, Permit No. 2294, in Collin County. The draft permit would also authorize the disposal of sludge at a TCEQ authorized land application site or co-disposal landfill. The facility will be located approximately 3,680 feet northeast of the intersection of Parker Road and Aztec Lane in Collin County, Texas 75098.

The treated effluent will be discharged to an unnamed ditch; then to a wetland; then to an unnamed tributary; then to Lavon Lake in Segment No. 0821 of the Trinity River Basin. The unclassified receiving water uses are no significant aquatic life use for unnamed ditch and unnamed tributary and limited aquatic life use for the wetland. The designated uses for Segment No. 0821 are high aquatic life uses, public water supply and contact recreation. In accordance with 30 TAC §307.5 and the TCEQ implementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. A Tier 2 antidegradation review has preliminarily determined that by adding 0.5 mg/L Total Phosphorus limits to the permit, no significant degradation of waters with exceptional, high, or intermediate aquatic life use is expected. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at Wylie Northeast Special Utility District, 745 Parker Road, Wylie.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – August 20, 2010
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on March 12, 2010. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.

Further information may also be obtained from Wylie Northeast Special Utility District at the address stated above or by calling Eddy Daniel, P.E., at 972-442-2075.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: June 28, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

***

DATE and TIME TCEQ REGION DESCRIPTION
September 2, 2010
7:00 p.m.
11 Public Meeting

NOTICE OF PUBLIC MEETING ON AN
APPLICATION FOR A NEW MUNICIPAL SOLID WASTE GREASE TRAP WASTE
PROCESSING FACILITY
REGISTRATION NO. 43024
AND
AN APPLICATION FOR NEW MUNICIPAL SOLID WASTE
PERMIT NO. 2361

APPLICATION. Micro Dirt, Inc. d.b.a. Texas Organic Recovery, 15500 Goforth Road, Creedmoor, Travis County, Texas 78610, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of a registration and a permit. Proposed Registration No. 43024 would authorize the applicant to construct and operate a Type V, municipal solid waste grease trap waste processing facility. The applicant is requesting authorization for heat treatment and separation processing of grease trap waste, use of the processed wastewater effluent in the existing composting operation, and recycling or disposal of the separated grease product. Concurrently, the applicant is requesting a new Type V municipal solid waste compost permit. Proposed Compost Permit No. 2361 would authorize the applicant to provide for the storage, processing, and disposal activities associated with the processing of grease trap waste and the composting of grease trap waste, septage, and municipal sewage sludge with positively sorted paper, cardboard, yard trimmings, wood and vegetative food matter. The Compost Permit application was determined to be administratively complete on July 6, 2009, and is currently under technical review. The TCEQ review of the Registration application and Permit application has been conducted concurrently. The facility for the registration and permit is proposed to be located at 15500 Goforth Road, Creedmoor, Travis County, Texas 78610. TCEQ will conduct a public meeting for the application for Registration No. 43024 and for the application for Permit No. 2361.

PUBLIC COMMENT/PUBLIC MEETING. A public meeting will be held and will consist of three parts: Part 1, an Informal Discussion Period on the registration application and the permit application; Part 2, a Formal Discussion Period on the registration application; and Part 3, a Formal Discussion Period on the permit application. A public meeting is not a contested case hearing under the Administrative Procedure Act.

During Part 1, the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the registration application and the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on each application, and no formal written response will be made. Response will be provided orally during the Informal Discussion Period.

During Part 2, the Formal Discussion Period on the application for Registration No. 43024, members of the public may state their comments orally into the official record.

During Part 3, the Formal Discussion Period on the application for Permit No. 2361, members of the public may state their comments orally into the official record. A written response to all formal comments on proposed Municipal Solid Waste Processing Permit No. 2361 will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. However, if the applicant or the Executive Director requests a direct referral for a contested case hearing on the permit application before the written response to comments is prepared, a copy of the response will be sent only to the parties participating in the contested case hearing. Only relevant and material issues raised during the Formal Comment Period for the permit application can be considered if a contested case hearing is granted on the permit application.

The Public Meeting is to be held:
Thursday, September 2, 2010 at 7:00 p.m.
Creedmoor Community Center
12513 FM 1625
Creedmoor, Texas 78610

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the public meeting to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at http://www.tceq.state.tx.us/about/comments.html. If you need more information about the registration or permit applications or the permitting process, please call the TCEQ Office of Public Assistance, toll free, at 1-800-687-4040. General information can be found at our Web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

The application for Registration No. 43024 and the application for Permit No. 2361 are available for viewing and copying at the City of Creedmoor, City Hall, 12405 FM 1625, Creedmoor, Travis County, Texas 78610. Further information may also be obtained from Micro Dirt, Inc., d.b.a. Texas Organic Recovery, 15500 Goforth Road, Creedmoor, Travis County, Texas 78610 or by calling Mr. Robert H. Thonhoff, Jr., P.E., at (512) 328-6736.

Issued: AUGUST 09, 2010

***

DATE and TIME TCEQ REGION DESCRIPTION
September 14, 2010
7:00 p.m.
9 Public Hearing

NOTICE OF APPLICATION AND PUBLIC HEARING FOR AN AIR QUALITY STANDARD
PERMIT FOR A CONCRETE BATCH PLANT WITH ENHANCED CONTROLS

PROPOSED AIR QUALITY REGISTRATION NUMBER 92964

APPLICATION. Knife River Corporation - South, P.O. Box 1800, Waco, Texas 76703-1800 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 92964 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 12200 State Highway 195, Killeen, Bell County, Texas 76549. This application was submitted to the TCEQ on July 12, 2010. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on July 19, 2010.

PUBLIC COMMENT/PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Written public comments must be submitted to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www.tceq.state.tx.us/about/comments.html. www.tceq.state.tx.us/about/comments.html.

A public hearing has been scheduled, that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.

The Public Hearing is to be held:
Tuesday, September 14, 2010, at 7:00 pm
Hilton Garden Inn Killeen
2704 O. W. Curry Drive
Killeen, Texas 76542

RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director’s decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.

The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office located at 12100 Park 35 Circle, Austin, Texas, and the TCEQ Waco Regional Office located at 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, during the hours of 8:00 am to 5:00 pm, Monday through Friday, beginning the first day of publication of this notice.

INFORMATION. If you need more information about this permit application or the permitting process, please call the Office of Public Assistance, toll free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information regarding the TCEQ can be found at our Web site at www.tceq.state.tx.us. www.tceq.state.tx.us.

Further information may also be obtained from Knife River Corporation - South, P.O. Box 1800, Waco, Texas 76703-1800, or by calling Ms. Melissa Fitts at (830) 249-8284.

Notice Issuance Date: August 11, 2010

***

DATE and TIME TCEQ REGION DESCRIPTION
September 16, 2010
10:00 a.m.
4 Contested Case Hearing

NOTICE OF HEARING
TOMMY DAVIS DBA SLICK MACHINES
SOAH Docket No. 582-10-5281
TCEQ Docket No. 2010-0660-AIR
Proposed Permit No. 82199L002

APPLICATION. Tommy Davis dba Slick Machines, 762 Spillway Road, Brownwood, Texas 76801, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Air Quality Permit 82199L002, which would authorize the Change of Location of a rock crushing plant from Desdemona, Eastland County to Glen Rose, Somervell County. The plant site is to be located 200 yards east of 11209 U.S. Highway 67 near Glen Rose, Somervell County, Texas. The facility will emit the following air contaminants: particulate matter including particulate matter less than 10 microns in diameter.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The TCEQ Executive Director has made a preliminary decision to issue the permit because it meets all rules and regulations. The permit application, TCEQ Executive Director's preliminary decision, and draft permit will be available for viewing and copying at the TCEQ Central Office, the TCEQ Fort Worth Regional Office, and at the Somervell County Library, 108 Allen Drive, Glen Rose, Somervell County, Texas. The facility's compliance file, if any exists, is available for public review at the Texas Commission on Environmental Quality Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – September 16, 2010
Somervell County Courthouse Annex
206 Elm Street
Glen Rose, Texas 76043

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on July 8, 2010. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be affected by the application in a way not common to the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information regarding the TCEQ can be found at www.TCEQ.state.tx.us.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Further information may also be obtained from Slick Machines at the address stated above or by calling Mr. Tommy Davis, Owner at 325-784-8030.

Issued: July 27, 2010

LaDonna Castañuela, Chief Clerk
Texas Commission on Environmental Quality

***

DATE and TIME TCEQ REGION DESCRIPTION
September 21, 2010
7:00 p.m.
4 Public Meeting

COMBINED
NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN A
WATER QUALITY PERMIT
AND
NOTICE OF APPLICATION AND PRELIMINARY DECISION FOR A
WATER QUALITY PERMIT
AND
NOTICE OF PUBLIC MEETING ON APPLICATION FOR TPDES MUNICIPAL
WASTEWATER PERMIT
NEW

PROPOSED PERMIT NO. WQ0014970001

APPLICATION AND PRELIMINARY DECISION. PHW, EMW, AWB & EB Texas, LLC, P.O. Box 1464, Mansfield, Texas 76063-1464, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014970001 (EPA I.D. No. TX0132586), to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. TCEQ received this application on March 8, 2010. The facility will be located at 5566 Mitchell Saxon Road, approximately 0.5 miles east of the intersection of Banks Road and Mitchell Saxon Road, approximately 90 feet south of Mitchell Saxon Road in Tarrant County, Texas 76140. The treated effluent will be discharged from the plant site via pipe to an unnamed tributary, then to Elm Branch, then to Village Creek, then to Lake Arlington in Segment No. 0828 of the Trinity River Basin. The unclassified receiving waters are limited aquatic life use for the unnamed tributary and no significant aquatic life use for Elm Branch. The designated uses for Segment No. 0828 are high aquatic life use, contact recreation, and public water supply. In accordance with §307.5 and the TCEQ implementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. This review has preliminarily determined that no water bodies with exceptional, high, or intermediate aquatic life uses are present within the stream reach assessed; therefore, no Tier 2 degradation determination is required. No significant degradation of water quality is expected in water bodies with exceptional, high, or intermediate aquatic life uses downstream, and existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ Executive Director has complete the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at TCEQ’s Region 4 Office, 2309 Gravel Drive, Fort Worth, Texas.

PUBLIC COMMENT / PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application and the Executive Director’s preliminarily decision, but these informal comments made during the informal period will not be considered by the Commissioners before reaching a decision on the permit and no formal response will be made. During the Formal Comment Period, members of the public may state their formal comments into the official record. A written response to all formal comments will be prepared by the Executive Director and considered by the Commissioners before they reach a decision on the permit. A copy of the response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this application and provides a mailing address. Only relevant and material issues raised during the formal comment period can be considered if a contested case hearing is granted.

A Public Meeting is to be held:
Tuesday, September 21, 2010 at 7:00 p.m.
Holiday Inn Express Hotel & Suites Mansfield
201 Highway 287 North
Mansfield, Texas 76063

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the meeting to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, TX. 78711-3087 or electronically at http://www.tceq.state.tx.us/about/comments.html. If you need more information, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director’s decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name; address, phone; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member’s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are germane to the group’s purpose.

Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission’s decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.

EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date of newspaper publication of this notice.

AGENCY CONTACTS AND INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from PHW, EMW, AWB & EB Texas, LLC at the address stated above or by calling Edwin Bland at (817) 902-3060.

Issuance Date July 28, 2010

Document Actions