Exfluor: TCEQ Response to Comments is Out

Decision of the Executive Director.

The executive director has made a decision that the above-referenced permit application meets the requirements of applicable law. This decision does not authorize construction or operation of any proposed facilities. This decision will be considered by the commissioners at a regularly scheduled public meeting before any action is taken on this application unless all requests for contested case hearing or reconsideration have been withdrawn before that meeting.

Enclosed with this letter is a copy of the Executive Director’s Response to Comments. A copy of the complete application, draft permit and related documents, including public comments, are available for review at the TCEQ Central Office. A copy of the complete application, the draft permit, and executive director’s preliminary decision are available for viewing and copying at the Eula Hunt Beck Florence Public Library, 207 East Main Street, Williamson County, Texas.

If you disagree with the executive director’s decision, and you believe you are an “affected person” as defined below, you may request a contested case hearing. In addition, anyone may request reconsideration of the executive director’s decision. The

procedures for the commission’s evaluation of hearing requests/requests for reconsideration are located in 30 Texas Administrative Code Chapter 55, Subchapter F.

A brief description of the procedures for these two types of requests follows.

How to Request a Contested Case Hearing.

It is important that your request include all the information that supports your right to a contested case hearing. You must demonstrate that you meet the applicable legal requirements to have your hearing request granted. The commission’s consideration of your request will be based on the information you provide.

The request must include the following:

1. Your name, address, daytime telephone number, and, if possible, a fax number.
2. If the request is made by a group or association, the request must identify:
3. one person by name, address, daytime telephone number, and, if possible, the fax number, of the person who will be responsible for receiving all communications and documents for the group;
4. the comments on the application submitted by the group that are the basis of the hearing request; and
5. by name and physical address one or more members of the group that would otherwise have standing to request a hearing in their own right. The interests the group seeks to protect must relate to the organization’s purpose. Neither the claim asserted nor the relief requested must require the participation of the individual members in the case.
   
6. The name of the applicant, the permit number and other numbers listed above so that your request may be processed properly.
7. A statement clearly expressing that you are requesting a contested case hearing. For example, the following statement would be sufficient: “I request a contested case hearing.”

Your request must demonstrate that you are an “affected person.” An affected person is one who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the application. Your request must

describe how and why you would be adversely affected by the proposed facility or activity in a manner not common to the general public. For example, to the extent your request is based on these concerns, you should describe the likely impact on your health, safety, or uses of your property which may be adversely affected by the proposed facility or activities. To demonstrate that you have a personal justiciable interest, you must state, as specifically as you are able, your location and the distance between your location and the proposed facility or activities. A person who may be affected by emissions of air contaminants from the facility is entitled to request a contested case hearing.

Your request must raise disputed issues of fact that are relevant and material to the commission’s decision on this application that were raised by you during the public comment period. The request cannot be based solely on issues raised in comments that

you have withdrawn.

To facilitate the commission’s determination of the number and scope of issues to be referred to hearing, you should: 1) specify any of the executive director’s responses to your comments that you dispute; 2) the factual basis of the dispute; and 3) list any

disputed issues of law.

How to Request Reconsideration of the Executive Director’s Decision.

Unlike a request for a contested case hearing, anyone may request reconsideration of the executive director’s decision. A request for reconsideration should contain your name, address, daytime phone number, and, if possible, your fax number. The request must state that you are requesting reconsideration of the executive director’s decision, and must explain why you believe the decision should be reconsidered.

Deadline for Submitting Requests.

A request for a contested case hearing or reconsideration of the executive director’s decision must be received by the Chief Clerk’s office no later than 30 calendar days after the date of this letter. You may submit your request electronically at www.tceq.texas.gov/agency/decisions/cc/comments.html or by mail to the following address:

Laurie Gharis, Chief Clerk

TCEQ, MC-105

P.O. Box 13087

Austin, Texas 78711-3087

Processing of Requests.

Timely requests for a contested case hearing or for reconsideration of the executive director’s decision will be referred to the TCEQ’s Alternative Dispute Resolution Program and set on the agenda of one of the commission’s regularly scheduled

meetings. Additional instructions explaining these procedures will be sent to the attached mailing list when this meeting has been scheduled.

How to Obtain Additional Information.

If you have any questions or need additional information about the procedures described in this letter, please call the Public Participation and Education Program, toll free, at 1-800-687-4040.

Click here to view the full EXECUTIVE DIRECTOR’S RESPONSE TO PUBLIC COMMENT