NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR QUALITY STANDARD PERMIT REGISTRATION
Published in The Ellis County Press one time on Thursday, Dec. 6, 2012
NOTICE OF RECEIPT OF APPLICATION AND INTENT
TO OBTAIN AIR QUALITY
STANDARD PERMIT REGISTRATION
PROPOSED AIR QUALITY REGISTRATION NO. 51742L013
APPLICATION Osburn Contractors, Inc., has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration No. 51742L013, which would authorize construction of a Concrete Batch Plant. The following directions were provided: from Dallas take I-45 South to I-20 West, exit Houston School Road, travel south and take a left on Danieldale Road, continue to the end of the street, the site will be on the right side of the road, Lancaster, Dallas County, Texas 75146 . 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=32.633888&lng=-97.798333&zoom=13&type=r. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.
This application was submitted to the TCEQ on November 14, 2012. The application will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and the City of Lancaster Town Hall, 211 North Henry Street, Lancaster, 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 in the Dallas/Fort Worth regional office of the TCEQ.
The executive director has determined the application is administratively complete and will conduct a technical review of the application.
PUBLIC COMMENT/PUBLIC MEETING You may submit public comments, a request for a public meeting, or request a contested case hearing to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the application. The deadline to submit public comments is 15 days after newspaper notice is published. After the deadline for public comments, the executive director will prepare a response to all relevant and material, or significant public comments. Issues such as property values, noise, traffic safety, and zoning are outside of the TCEQ’s jurisdiction to consider in the permit process.
The purpose of a public meeting is to provide the opportunity to submit comments or ask questions about the application. A public meeting about the application will be held 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.
If only comments are received on the application, the response to comments, along with notice of the executive director’s action on the application, will be mailed to everyone who submitted comments or is on the mailing list for this application.
The executive director will complete the technical review, issue a preliminary decision on the application, and a Notice of the Application and Preliminary Decision will be published and mailed to those who are on the mailing list for this application. That notice will contain the final deadline for submitting public comments. If a hearing request is timely filed in Response to this Notice of Receipt of Application and Intent to Obtain Air Permit, the time period for requesting a contested case hearing will be extended to thirty days after the mailing of the executive director’s response to comments.
After the final deadline for public comments following the Notice of Application and Preliminary Decision, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. If any comments are received, the response to comments, along with the executive director’s decision on the application, will then be mailed to everyone who submitted public comments or who is on a mailing list for this application, unless the application is directly referred to a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING You may request a contested case hearing. The applicant or the executive director may also request that the application be directly referred to a contested case hearing after technical review of the application. A contested case hearing is a legal proceeding similar to a civil trial in state district court. Unless a written request for a contested case hearing is filed within 15 days from this notice, the executive director may approve the application. If no hearing request is received within this 15day period, no further opportunity for hearing will be provided. A contested case hearing will only be granted based 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 those issues raised during the public comment period and not withdrawn.
A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. To request a hearing, a person must actually reside in a permanent residence within 440 yards of the proposed plant. If requesting a contested case hearing, you must submit 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 Registration 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, the one or more members who have standing to request a hearing, and the interests which the group or association seek to protect, must also be identified. Requests for a contested case hearing must be submitted in writing within 15 days following this notice to the Office of the Chief Clerk, at the address below.
Following the close of all applicable comment and request periods, the executive director will forward the application and any requests for contested case hearing to the Commissioners for their consideration at a scheduled Commission meeting. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact relating to relevant and material air quality concerns raised during the comment period. Issues such as property values, noise, traffic safety, and zoning are outside of the Commission’s jurisdiction to address in this proceeding.
MAILING LIST In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices for this specific application mailed by the Office of the Chief Clerk by sending a written 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 1800687-4040. Si desea información en Español, puede llamar al 1-800-687-4040.
Further information may also be obtained from Osburn Contractors, Inc., 1917 Copper Street, Garland, Texas 75042-6675 or by calling Ms. Ida Rodriguez, Field Coordinator at (972) 205-9086.