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Calendar of Public Meetings and Hearings on Permitting Cases

Here you will find a listing of all upcoming public meetings, notice and comment hearings, informal public hearings, and contested case hearings on permitting applications.
Table of upcoming public meetings and hearings on permitting cases.
Date Time TCEQ Region Applicant Meeting/
Hearing Type
Permit No. SOAH Docket No.
09/18/14 7:00 p.m. 8 Premier Silica, LLC Public Meeting 106829 -
09/30/14 7:00 p.m. 12 Indeck Wharton, LLC Public Meeting 111724, PSDTX1374 -
10/20/14 10:00 a.m. 11 FML Sand, LLC Contested Case Hearing 97199 582-15-0012

Please Note

With few exceptions, the meetings and hearings on this page have been requested by the public for the specific purpose of discussing 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 the Chief Clerk (OCC). 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 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 OCC at 512-239-3300.

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

Persons with disabilities who plan to attend a TCEQ meeting or SOAH hearing and who need special accommodations should call OCC (512-239-3300) or 1-800-RELAY-TX (TDD) at least one week prior to the event.


NOTICE OF APPLICATION, PRELIMINARY DECISION, AND PUBLIC MEETING
FOR AN AIR QUALITY PERMIT

PROPOSED PERMIT NUMBER: 106829

APPLICATION AND PRELIMINARY DECISION.
Premier Silica L.L.C., 5205 North O’Connor Blvd Suite 200, Irving, Texas 75039-3789, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number 106829, which would authorize construction of an industrial sand production facility. The applicant provided the following driving directions: from the intersection of Farm-to-Market 1851 and County Road 214 in Voca, travel 0.5 miles south on Farm-to-Market 1851 and then 0.8 miles east on Highway 71 to where the site is off the south side of the road, Voca, McCulloch County, Texas 76887. This application was submitted to the TCEQ on November 8, 2012. The proposed facility will emit the following contaminants: particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less, carbon monoxide, nitrogen oxides, sulfur dioxide, and organic compounds.

The executive director has completed the technical review of the application and 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 San Angelo regional office, and the F.M. Buck Richards Memorial Library, 1106 South Blackburn Street, Brady, McCulloch 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 TCEQ San Angelo Regional Office, 622 South Oakes Street, Suite K, San Angelo, 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. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application. However, informal comments made during the Informal Discussion Period will not be considered by the TCEQ Commissioners 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 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.

The Public Meeting is to be held:
Thursday, September 18, 2014 at 7:00 p.m.
Ed Davenport Civic Center
200 Country Club Rd
Brady, Texas 76825

You may submit additional written public comments either electronically at www.tceq.texas.gov/about/comments.html or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, within 30 days of the date of newspaper publication of this notice.

After the deadline for public comment, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director’s decision on the application will be mailed to everyone who submitted public comments or is on the mailing list for this application. The mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision.

OPPORTUNITY FOR A CONTESTED CASE HEARING.
A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. A contested case hearing request must include the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant’s name and permit number; (3) the statement “I/we request a contested case hearing;” (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; and (6) a description of how you use the property which may be impacted by the facility. If the request is made by a group or association, then one or more members who have standing to request a hearing and the interests the group or association seeks to protect must also be identified. You may also submit your proposed adjustments to the application/permit, which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing within 30 days following this notice to the Office of the Chief Clerk, at the address provided in the information section below.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission’s decisions on the application. Further, the Commission will only grant a hearing on issues raised by you or others during the public comment period and have not been withdrawn. Issues that are not raised in the public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION.
A timely hearing request has been received by the TCEQ. However, if all timely contested case hearing requests have been withdrawn and no additional comments are received, the executive director may issue final approval of the application. The response to comments, along with the executive director’s decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application, and will be posted electronically to the Commissioners’ Integrated Database (CID). If all timely hearing requests are not withdrawn, the executive director will not issue final approval of the permit and will forward the application and requests to the Commissioners for their consideration at a scheduled commission meeting.

INFORMATION AVAILABLE ONLINE.
When they become available, the executive director’s response to comments and the final decision on this application will be accessible through the Commission’s website at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the permit number for this application which is provided at the top of this notice. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.0005&lng=-99.1725&zoom=13&type=r.

MAILING LIST.
You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION.
Public comments and requests must be submitted either electronically at www.tceq.texas.gov/about/comments.html, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency’s public record. For more information about this permit application or the permitting process, please call the Public Education Program toll free at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040.

Further information may also be obtained from Premier Silica L.L.C. at the address stated above or by calling Mr. Jeff Smith, Regulatory and Environmental Manager at (972) 969-4524.

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at 512-239-3300 or 1-800-RELAY-TX (TDD) at least one week prior to the meeting.

Notice Issuance Date: August 15, 2014


NOTICE OF PUBLIC MEETING
FOR AN AIR QUALITY PERMIT

PROPOSED PERMIT NUMBERS: 111724 and PSDTX1374

APPLICATION. Indeck Wharton, LLC, 600 N Buffalo Grove Rd Ste 300, Buffalo Grove, IL 600-89-2432, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit 111724 and Prevention of Significant Deterioration (PSD) Air Quality Permit PSDTX1374, which would authorize construction of the Indeck Wharton Energy Center at the west side of State Route 71, 3350 feet south of the intersection of Route 71 and County 424 in Danevang, about 0.50 mile south of the center of Danevang, Wharton County, Texas 77432. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. www.tceq.texas.gov/assets/public/hb610/index.html?lat=29.046944&lng=-96.213611&zoom=13&type=r. For exact location, refer to the application. The proposed facility will emit the following air contaminants in a significant amount: nitrogen oxides, carbon monoxide, sulfur dioxide, particulate matter including particulate matter with diameters of 10 micros or less and 2.5 microns or less, and volatile organic compounds. In addition, the facility will emit the following air contaminants: hazardous air pollutants.

The degree of PSD increment predicted to be consumed by the proposed facility and other increment-consuming sources in the area is as follows:

Nitrogen Dioxide

Maximum Averaging Time Maximum Increment Consumed (µg/m3) Allowable Increment (µ/m3)
Annual 6.3 25

The executive director has determined that the emission of air contaminants from the proposed facility which are subject to PSD review will not violate any state or federal air quality regulations and will not have any significant adverse impact on soils, vegetation, or visibility. All air contaminants have been evaluated, and "best available control technology" will be used for these contaminants.

The executive director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate.

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. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. At the conclusion of the comment period, all formal comments will be considered before a decision is reached on the permit application. A written response to all formal comments will be prepared by the Executive Director and 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. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.

The Public Meeting is to be held:
Tuesday, September 30, 2014 at 7:00 p.m.
El Campo Civic Center
2350 N. Mechanic Street
El Campo, Texas 77437

INFORMATION. Citizens are encouraged to submit written comments anytime during the public meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/about/comments.html. If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at 1-800-687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en Español, puede llamar al 1-800-687-4040.

The permit application, executive director's preliminary decision, draft permit, and the executive directors preliminary determination summary and executive director's air quality analysis, will be available for viewing and copying at the TCEQ central office, 12100 Park 35 Circle, Building E, Room 103, Austin, Texas 78753, the TCEQ Houston regional office, 5425 Polk Street, Suite H, Houston, Texas 77023, and at the El Campo City Hall, 315 E. Jackson Street, El Campo, Wharton County, Texas. The facility's compliance file, if any exists, is available for public review at the Houston regional office at the address listed above.

Further information may also be obtained from Indeck Wharton, LLC, 600 N Buffalo Grove Rd Ste 300, Buffalo Grove, IL 60089-2432 or by calling Mr. James S. Schneider, Senior Environmental Engineer at (847) 520-3212.

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at 512-239-3300 or 1-800-RELAY-TX (TDD) at least one week prior to the meeting.

Issued: September 9, 2014


NOTICE OF HEARING
FML SAND, LLC
SOAH Docket No. 582-15-0012
TCEQ Docket No. 2014-0526-AIR
Proposed Permit No. 97199

APPLICATION.
FML Sand, LLC, 2003 Nine Road, Brady, Texas 76825-7209, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of proposed Air Quality Permit Number 97199, which would authorize construction of an industrial sand plant. The applicant has provided the following driving directions: from Brady, head south on Highway 87 approximately 17 miles to Ranch Road 1222; take Ranch Road 1222 east approximately 3/4 of a mile. The plant is on the north side of Ranch Road 1222, near Katemcy, Mason County, Texas 76856. The proposed facility will emit the following contaminants: particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less, carbon monoxide, nitrogen oxides, sulfur dioxide, and organic compounds.

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 San Angelo regional office, and at the Mason County Courthouse, 201 Fort McKavitt Street, Mason, Mason County, Texas. The facility’s compliance file, if any exists, is available for public review at the TCEQ San Angelo Regional Office, 622 South Oakes Street, Suite K, San Angelo, Texas.

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

10:00 a.m. – October 20, 2014
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 August 15, 2014. 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.

MAILING LIST.
You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION.
Public comments and requests must be submitted either electronically at www.tceq.texas.gov/goto/comments, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency’s public record. For more information about this permit application, the permitting process, or the contested case hearing process, please call the Public Education Program toll free at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information regarding the TCEQ may be obtained electronically at http://www.tceq.texas.gov

INFORMATION.
If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at 1-800-687-4040. General information regarding the TCEQ can be found at http://www.tceq.texas.gov/.

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 FML Sand, LLC at the address stated above or by calling Mr. Kevin Ellis, Engineering Associate, Zephyr Environmental Corporation, at 512-879-6647.

Issued: September 5, 2014

Bridget C. Bohac, Chief Clerk
Texas Commission on Environmental Quality