TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR PERMIT
PROPOSED AIR QUALITY PERMIT NUMBER 166603
APPLICATION Frasan Green Solutions, LLC, has applied to the Texas Commission on Environmental Quality (TCEQ) for: Issuance of Permit 166603
This application would authorize construction of the Brush Incineration Facility for The City of Hidalgo located from West Anaya Road, go 800 feet South then travel 1600 feet West of McColl Road, Hidalgo, Hidalgo County, Texas 78557. 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=26.111111&lng=-98.234444&zoom=13&type=r. The facility will emit the following contaminants: carbon monoxide, hazardous air pollutants, nitrogen oxides, organic compounds, particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less, and sulfur dioxide.
This application was submitted to the TCEQ on September 27, 2021. The application will be available for viewing and copying at the TCEQ central office, the TCEQ Harlingen regional office, and the Hidalgo City Library, 710 East Texano Drive, Hidalgo, Hidalgo 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 Harlingen 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 or request a public meeting or 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 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, if requested by an interested person, 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. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission’s decision. Further, the Commission will only grant a hearing on those issues submitted during the public comment period and not withdrawn. The deadline to submit a request for a contested case hearing is 30 days after newspaper notice is published. If a request is timely filed, the deadline for requesting a contested case hearing will be extended to 30 days after the mailing of the response to comments.
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, and 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 an 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.
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 Commissioners for their consideration at a scheduled Commission meeting. 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. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material air quality concerns submitted 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 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 www14.tceq.texas.gov/epic/eComment/, 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. Please be aware that any contact information you provide, including your name, phone number, email address and physical 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 Frasan Green Solutions, LLC, 1319 North State Highway 336, Hidalgo, Texas 78557-4300 or by calling Mr. Bill Smalling, Consultant, Air & Waste Engineering, Inc. at (281) 455-6569.
Notice Issuance Date: October 1, 2021