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Legal Notice

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Published in The

Ellis County Press one time on Thursday, July 2, 2009

NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR PERMIT

PROPOSED STATE AIR QUALITY PERMIT NUMBER 88682 AND PSD PERMIT NUMBER PSDTX1202

APPLICATION

WM Renewable Energy, L.L.C. has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of State Air Quality Permit Number 88682 and issuance of Prevention of Significant Deterioration (PSD) Air Quality Permit Number PSDTX1202, which would authorize construction of a new Landfill Gas-to-Energy Facility at the Skyline Recycling and Disposal Facility located at 1201 North Central Avenue, Ferris, Ellis County, Texas 75125. A portion of the landfill is located within Dallas County, Texas. The facility will emit the following air contaminants: nitrogen oxides, sulfur dioxide, carbon monoxide, particulate matter including particulate matter less than 10 microns in diameter, hydrogen chloride and organic compounds including (but not limited to) hazardous air pollutants.

This application was submitted to the TCEQ on June 1, 2009. The application will be available for viewing and copying at the TCEQ central office, the TCEQ Fort Worth regional office, and the Ferris Public Library, 514 South Marble Street, Ferris, Ellis County, Texas and the Gilliam Memorial Public Library, 205 East Beltline Road, Wilmer, 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 Fort Worth regional office of the TCEQ.

The TCEQ 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. After the deadline for public comments, the executive director will prepare a response to all relevant and material or significant public comments.

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.

After technical review of the application is complete, the executive director may prepare a draft permit and will issue a preliminary decision on the application. Notice of Application and Preliminary Decision for an Air Quality Permit will then be published and mailed to those who made comments, submitted hearing requests or are on the mailing list for this application. That notice will contain the final deadline for submitting public comments.

OPPORTUNITY FOR A CONTESTED CASE HEARING You may request a contested case hearing.

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 30 days from this notice, the executive director may approve the application. 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. 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 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 an association, the one or more members who have standing to request a hearing and the interests which 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.

Additional notice will be provided. If a hearing request is timely filed, 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 TCEQ 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 TCEQ Office of the Chief Clerk at the address below.

INFORMATION

Written public comments or requests for a public meeting or contested case hearing should 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. For 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 www.tceq.state.tx.us.

Further information may also be obtained from WM Renewable Energy, L.L.C., 1001 Fannin Street, Suite 4000, Houston, Texas 77002-6711 or by calling Mr. David Thorley, Director of Air Programs - South at (713) 328-7404.

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