NOTICE OF APPLICATION AND PREL...

NOTICE OF APPLICATION AND PRELIMINARY DECISION FOR AN AIR QUALITY PERMIT PROPOSED PERMIT NUMBER: 92565L004 APPLICATION AND PRELIMINARY DECISION. Vulcan Construction Materials, LLC, PO Box 791550, San Antonio, Texas 78279- 1550, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number 92565L004, which would authorize a change of location of a Rock Crushing Plant to be located at 1111 Gilbert Pit Rd, Millsap, Parker County, Texas 76066. This application was processed in an expedited manner, as allowed by the commission’s rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This application was submitted to the TCEQ on November 10, 2015. The proposed facility will emit the following contaminants: organic compounds, carbon monoxide, sulfur dioxide, nitrogen oxides, and particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less. 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 Dallas/Fort Worth regional office, and the Weatherford Public Library, 1014 Charles Street, Weatherford, Parker 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 Dallas/Fort Worth Regional Office, 2309 Gravel Dr, Fort Worth, Texas. CHANGE IN LAW The Texas Legislature enacted Senate Bill 709, effective September 1, 2015, amending requirements for comments and contested case hearings. This application is subject to those changes in law. PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comment or to ask questions about the application. The TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing. You may submit additional written public comments within 30 days of the date of newspaper publication of this notice in the manner set forth in the AGENCY CONTACTS AND INFORMATION paragraph below. After the deadline for public comments, 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 a mailing list for this application. 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; (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; (6) a description of how you use the property which may be impacted by the facility; and (7) a list of all disputed issues of fact that you submit during the comment period. If the request is made by a group or association, one or more members who have standing to request a hearing must be identified by name and physical address. 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 or mixed questions of fact and law that are relevant and material to the Commission’s decisions on the application. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. Issues that are not submitted in 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 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 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 Web site 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=32.616388&lng=-98.016944&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 moreinformation about this permit application or the permitting process, please call the Public Education Programtoll 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 Vulcan Construction Materials LLC at the address stated above or by calling Ms. Kathryn Sipe, Environmental Specialist at (830) 249-8284. Notice Issuance Date: January 15, 2016