Calendar of Public Meetings and Hearings on Permitting Cases

NOTICE OF HEARING
CITY OF CASTROVILLE
SOAH Docket No. 582-08-4359
TCEQ Docket No. 2008-0559-MWD
Permit No. WQ0010952001

APPLICATION. City of Castroville, 1209 Fiorella Street, Castroville, Texas 78009, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to Texas Land Application Permit (TLAP) Permit No. 10952-001 to change from disposal via irrigation at a daily average not to exceed 350,000 gallons per day to disposal into waters in the state at a daily average flow not to exceed 900,000 gallons per day. The current permit authorizes the disposal of treated domestic wastewater via irrigation of 26.6 acres of a public access park and 166.8 acres of non-public access pastureland. The facility and disposal site are located approximately 0.9 mile southeast of the intersection of U.S. Highway 90 and Farm-to-Market Road 1343 in Medina County, Texas.

The treated effluent will be discharged to an unnamed natural drainage swale; thence to the Medina River below the Medina Diversion Lake in Segment No. 1903 of the San Antonio River Basin. The unclassified receiving water uses are no significant aquatic life use for the unnamed natural drainage swale. The designated uses for Segment No. 1903 are contact recreation, public water supply, and high aquatic life use.

In accordance with §307.5 and the TCEQ implementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier I antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier II review has preliminarily determined that by adding permit requirements for a phosphorus limit of 1.0 mg/L to the permit, no significant degradation of water quality is expected in the Medina River below the Medina Diversion Lake, which has been identified as having high aquatic life uses. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ executive director has 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 that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Castroville City Hall, 1209 Fiorella Street, Castroville, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing as directed by the Commission to determine whether Evangeline Bippert, Janice Haby, and Harvey Lee Kunze are affected persons, and whether the Texas River Protection Association has established associational standing at:

10:00 a.m. - October 8, 2008
State Office of Administrative Hearings
10300 Heritage Boulevard, Suite 250
San Antonio, Texas 78218

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on August 12, 2008. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

As directed by the Commission, the Administrative Law Judge (ALJ) will not consider any other persons, entities, or associations for standing and shall not consider any other members of the Texas Rivers Protection Association for purposes of associational standing for the initial determination of whether Evangeline Bippert, Janice Haby, and Harvey Lee Kunze are affected persons, and whether the Texas River Protection Association has established associational standing. If one or more of the above named requestors are found to be affected persons, SOAH may then proceed to determine whether additional parties not specifically named above have standing to join the hearing. To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from the City of Castroville at the address stated above or by calling Ms. Dorothy Bernard, at 830-931-4070.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: August 25, 2008

NOTICE OF HEARING
TAIWAN SHRIMP VILLAGE ASSOCIATION INC.
AND ARROYO AQUACULTURE ASSOCIATION, INC.
SOAH Docket No. 582-08-4233
TCEQ Docket No. 2008-0421-IWD
Permit No. WQ0003596000

APPLICATION. Taiwan Shrimp Village Association Inc. and Arroyo Aquaculture Association, Inc., 36386 Marshall Hutts Road, Rio Hondo, Texas 78583, which operate an aquaculture facility which produces shrimp, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0003596000 to remove the prohibition of discharge from the facility during the months of January through March and to revise the Arroyo Colorado Water Quality Study requirement to reduce influent and effluent sampling frequencies. The current permit authorizes the discharge of process wastewater (pond effluent) at a combined daily average flow not to exceed 100,000,000 gallons per day via Outfalls 001 and 002. The facility is located on the south side of Farm-to-Market Road 2925 and approximately 1.4 miles east of the intersection of Farm-to-Market Road 2925 and Farm-to-Market 1897 in the City of Arroyo City, Cameron County, Texas. The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

The effluent is discharged via Outfall 001 directly to the Arroyo Colorado Tidal; and via Outfall 002 to a drainage ditch; thence to the Arroyo Colorado Tidal in Segment No. 2201 of the Nueces-Rio Grande Coastal Basin. The unclassified receiving waters have high aquatic life use for the unnamed drainage ditch. The designated uses for Segment No. 2201 are high aquatic life use and contact recreation. No significant degradation of high quality receiving waters is anticipated.

The TCEQ executive director has 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 that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at the Harlingen Public Library, 410 76 Drive, Harlingen, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. October 15, 2008
Chamber of Commerce, Board Room
311 East Tyler Street
Harlingen, Texas 78550

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on July 17, 2008. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from Taiwan Shrimp Village Association Inc. and Arroyo Aquaculture Association, Inc. at the address stated above or by calling Mr. Michael Chen of the Arroyo Aquaculture Association at 956-748-2302.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: August 29, 2008

NOTICE OF HEARING
BLOCK CREEK CONCRETE PRODUCTS, L.L.C.
SOAH Docket No. 582-08-4460
TCEQ Docket No. 2008-1009-AIR
Proposed Registration No. 83958

APPLICATION. Block Creek Concrete Products, L.L.C. (Applicant), 444 Old No. 9 Highway, No. A, Comfort, Kendall County, Texas 78013-3803, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant (Registration Number 83958), which would authorize construction of a Concrete Batch Plant under Title 30 Texas Administrative Code § 106.611 (30 TAC § 106.611) at 444 Old No. 9 Highway, No. A, Comfort, Kendall County, Texas. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter less than 10 microns in diameter.

The TCEQ executive director has prepared a 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 permit are available for viewing and copying at the TCEQ Central Office, the TCEQ San Antonio Regional Office, and the Comfort Public Library, 701 High Street, Comfort, Kendall County, Texas. The facility's compliance file, if any exists, is available for public review at the Texas Commission on Environmental Quality San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - October 20, 2008
Kendall County Courthouse, Room 226
201 East San Antonio
Boerne, Texas 78006

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on August 22, 2008. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 TAC, Chapter 106, Subchapters A and B, and the procedural rules of the TCEQ and SOAH, including 30 TAC, Chapter 80 and 1 TAC, Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

As directed by the Commission, the Administrative Law Judge (ALJ) will make a determination of whether Mickey V. Bush and Dennis Spinelli are affected persons in accordance with the distance requirements of Texas Clean Air Act § 382.058(c). The ALJ shall not consider any other individuals or persons for purposes of standing when making this determination. Only if either Mickey V. Bush or Dennis Spinelli is found to be an affected person, SOAH may then proceed to determine whether additional parties, not specifically named above, have standing to join the hearing. To request to be a party, you must attend the hearing. Information concerning hearing procedures and public participation in the hearing may be obtained by contacting Blas Coy, Public Interest Counsel, Mail Code 103, P.O. Box 13087, Austin, Texas 78711-3087, or by telephone at (512) 239-6363.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information regarding the TCEQ can be found at www.tceq.state.tx.us.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Further information may also be obtained from Block Creek Concrete Products, L.L.C. at the address stated above or by calling Mr. Burt Seidensticker at 830-995-3189.

Issued: September 4, 2008

NOTICE OF HEARING
SOUTH CENTRAL WATER COMPANY
SOAH Docket No. 582-08-4290
TCEQ Docket No. 2008-0473-MWD
Proposed Permit No. WQ0014804001

APPLICATION. South Central Water Company, P.O. Box 570177, Houston, Texas 77257, land developer, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014804001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility will be located approximately 300 yards east of the intersection of 29th Street and Avenue S, on the north side of Avenue S in Galveston County, Texas. The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

The treated effluent will be discharged to unnamed tidal tributary; thence to Dickinson Bayou Tidal in Segment No. 1103 of the San Jacinto-Brazos Coastal Basin. The unclassified receiving water use are high aquatic life use for the unnamed tidal tributary. The designated uses for Segment No. 1103 are high aquatic life use and contact recreation. In accordance with §307.5 and the TCEQ implementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in the unnamed tidal tributary or Dickinson Bayou Tidal, which have been identified as having high aquatic life uses. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ executive director has 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 that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Moore Memorial Public Library, 1701 9th Avenue North, Texas City, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - October 20, 2008
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on August 12, 2008. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from South Central Water Company at the address stated above or by calling Mr. Jeff Goebel at 713-783-6611.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: August 25, 2008

NOTICE OF APPLICATION AND PUBLIC HEARING FOR AN AIR QUALITY STANDARD PERMIT FOR A CONCRETE BATCH PLANT WITH ENHANCED CONTROLS

PROPOSED AIR QUALITY REGISTRATION NUMBER 85906

APPLICATION. Houston County Ready-Mix Concrete Co. Inc., P.O. Box 389, Crockett, Texas 75835-0389 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 85906 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 1200 South 4th Street, Crockett, Houston, Texas. This application was submitted to the TCEQ on August 18, 2008. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement, and water. The TCEQ Executive Director has determined the application was technically complete on September 5, 2008.

PUBLIC COMMENT/PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Written public comments must be submitted to the Texas Commission on Environmental Quality, Office of the Chief Clerk (MC-105), P.O. Box 13087, Austin, Texas 78711-3087.

A public hearing has been scheduled, that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the TCEQ Executive Director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.

The Public Hearing is to be held:
Thursday, October 23, 2008, at 7:00 p.m.
Crockett Inn
1600 East Loop 304
Crockett, Texas 75835

RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the Executive Director after the comment period closes. The response, along with the TCEQ Executive Director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.

The TCEQ Executive Director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE. The application is available for viewing and copying at the TCEQ Central Office located at 12100 Park 35 Circle, Austin, Texas, and the TCEQ Beaumont Regional Office located at 3870 Eastex Freeway, Beaumont, Texas 77703-1830, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ 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 our Web site at www.tceq.state.tx.us.

Further information may also be obtained from Houston County Ready-Mix Concrete Co. Inc., P.O. Box 389, Crockett, Texas 75835-0389, or by calling Mr. Lee Holsey at (936) 544-7200.

Notice Issued by TCEQ: September 12, 2008.

NOTICE OF PUBLIC MEETING ON APPLICATION FOR
PROPOSED AIR QUALITY
PERMIT NUMBER 82199L002

APPLICATION. Mr. Tommy Davis dba Slick Machines, 762 Spillway Road, Brownwood, Texas 76801, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Air Quality Permit 82199L002, which would authorize the change of location of a Rock Crushing Facility to 11209 U.S. Highway 67 (200 yards east), Glen Rose, Somervell County, Texas. The facility will emit the following air contaminants: particulate matter including particulate matter less than 10 microns in diameter.

The TCEQ Executive Director has determined the application is administratively complete and will conduct a technical review of the application.

PUBLIC COMMENT/PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application. However, informal comments made during the Informal Discussion Period will not be considered by the TCEQ Commissioners before reaching a decision on the permit and no formal response will be made to the informal comments. During the Formal Comment Period, members of the public may state their formal comments into the official record. A written response to all formal comments will be prepared by the Executive Director and considered by the Commissioners before they reach a decision on the permit. A copy of the response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this application and provides a mailing address. Only relevant and material issues raised during the formal comment period can be considered if a contested case hearing is granted.

The Public Meeting is to be held:
Thursday, October 23, 2008 at 7:00 p.m.
Somervell County Citizens Center
209 SW Barnard
Glen Rose, Texas 76043

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the meeting to the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, TX 78711-3087. If you need more information, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

The permit application is available for viewing and copying at the TCEQ central office located at 12100 Park 35 Circle, Building E, Room 103, Austin, Texas 78753; the TCEQ Fort Worth regional office located at 2309 Gravel Drive, Fort Worth, Texas 76118 and the Somervell County Library, 108 Allen Drive, Glen Rose, Somervell County, Texas. The facilitys compliance file, if any exists, is available for public review in the Fort Worth regional office at the address listed above. Further information may also be obtained from Mr. Tommy Davis dba Slick Machines, 762 Spillway Road, Brownwood, Texas 76801 or by calling Mr. Davis at (325) 784-8030.

Issued: October 7, 2008

NOTICE OF HEARING
US OIL RECOVERY, LP
SOAH Docket No. 582-09-0088
TCEQ Docket No. 2006-2246-MSW
Proposed Permit No. MSW - 2336

APPLICATION. US Oil Recovery, LP, 400 North Richey Street, Pasadena, Texas 77506, has applied to the Texas Commission on Environmental Quality (TCEQ) for a municipal solid waste permit to authorize USOR to operate a Type V liquid waste processing facility. The facility is located at 400 North Richey Street, Pasadena, in Harris County, Texas. The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council (CCC) and has determined that the action is consistent with the applicable CMP goals and policies. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Pasadena Public Library, 1201 Jeff Ginn Memorial Drive, Pasadena, Texas 77506 and at TCEQ's Central File Room (Building E) and the MSW Permits Section (Building F), 12100 Park 35 Circle, Austin, Texas 78753.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - October 29, 2008
State Office of Administrative Hearings
The Preserve at North Loop
2020 North Loop West, Suite 111
Houston, Texas 77018

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on August 27, 2008. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 361, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 330; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from Klaus Genssler, President, US Oil Recovery LP, 400 North Richey Street, Pasadena, TX 77506-1061, phone number 713-473-0013.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week before the hearing.

Issued: September 16, 2008

REVISED

NOTICE OF PUBLIC MEETING ON AN APPLICATION FOR
CONCENTRATED ANIMAL FEEDING OPERATION

GENERAL PERMIT AUTHORIZATION NO. TXG921028

APPLICATION. Robert David Hogg, 1886 Baker Drive, San Angelo, Texas 76905, has applied to the Texas Commission on Environmental Quality (TCEQ) under the TCEQ General Permit No. TXG920000 for authorization to operate a new dairy cattle facility at 4,000 head, of which 4,000 head are milking cows in Tom Green County, Texas. No discharge of pollutants into the waters in the state is authorized by this general permit except under chronic or catastrophic rainfall conditions or events. All waste and wastewater will be beneficially used on agricultural land. The proposed facility will be located approximately 10.3 miles east on Highway 67 from the town of San Angelo, to the intersection of East Douglas Loop, thence 3.7 miles past the intersection of Douglas Loop and McMillan Road on McMillan road in Tom Green County, Texas. The facility will be located in the drainage area of the Concho River in Segment 1421 of the Colorado River Basin.

The TCEQ executive director has made a preliminary decision to authorize coverage of this facility under the general permit. Persons whose names and addresses appear on the sign in sheet at the public meeting and persons who submitted written comments to the TCEQ will be notified by the TCEQ's Office of Chief Clerk of the executive director's decision and provided the final technical summary on which the decision was based. The public meeting held under this general permit is not an evidentiary proceeding.

PUBLIC COMMENT/PUBLIC MEETING. The TCEQ will facilitate a public meeting on the application for the proposed facility. At the meeting, the Applicant shall describe the proposed operations and provide maps and other facility data. The public will be able to ask questions. Citizens may submit written comments by mail before the close of comment period or anytime during the meeting. The TCEQ, after considering written public comment, shall approve or deny the authorization based on whether the Notice of Intent (NOI) and technical application meets the requirements of the general permit.

The Public Meeting is to be held:
Thursday, October 30, 2008 at 7:00 p.m.
Veribest High School Cafetorium
10062 FM 380
Veribest, Texas 76886

INFORMATION. Citizens may submit written comments by mail before the close of comment period or anytime during the meeting to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, TX 78711-3087. If you need more information, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

A copy of the notice of intent, application, the Executive Director's technical summary, and the CAFO general permit is available for viewing and copying at the Tom Green County Clerk's Office, 124 West Beauregard, San Angelo, Texas 76903. Further information may also be obtained by calling Gerry Kendal, Collier Consulting, at (254) 968-8741.

Issued: SEPTEMBER 25, 2008

NOTICE OF HEARING
DIAMOND SHAMROCK REFINING COMPANY, L.P.
SOAH Docket No. 582-09-0519
TCEQ Docket No. 2008-0746-IWD
Permit No. WQ0001353000

APPLICATION. Diamond Shamrock Refining Company, L.P., P.O. Box 490, Three Rivers, Texas 78071-0490, which operates a petroleum refinery, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0001353000 to increase the daily average permitted flow at Outfall 001 from 800,000 gallons per day to 1,500,000 gallons per day; increase the daily maximum permitted flow at Outfall 001 from 1,600,000 gallons per day to 3,00,000 gallons per day; increase effluent limitations for all limited parameters at Outfall 001; remove monitoring/reporting requirements for total antimony, total arsenic, total barium, total cadmium, cyanide, total chromium, hexavalent chromium, total copper, total lead, total mercury, total selenium, total silver, and fecal coliform at Outfall 001; increase the size of the irrigation tract from 1376 acres to 1438 acres; increase the minimum irrigation area from 341.5 acres to 474 acres; increase the hydraulic application rate from 2.95 acre-feet/acre/year to 3.54 acre-feet/acre/year; and remove the retest provision which requires monitoring for benzene, ethylbenzene, toluene, total xylene, and methyl-tertial-butyl-ether (MTBE) at Outfall 001. The current permit authorizes the discharge of treated process wastewater, utility wastewater, storm water, and treated ground water via Outfall 001 at a daily average flow not to exceed 800,000 gallons per day; the intermittent flow variable discharge of storm water runoff and plant wash water via Outfall 002; and the disposal of treated process wastewater, utility wastewater, storm water, and treated ground water via irrigation of 1376 acres.

The facility is located at 301 Leroy Street in the City of Three Rivers, Live Oak County, Texas; with an irrigation (disposal) site located adjacent to the southwest side of Interstate Highway 37, approximately one mile northwest of the intersection of Interstate Highway 37 and State Highway 72, north of the City of Three Rivers, Live Oak County, Texas. The effluent is discharged to an unnamed ditch, thence to the Nueces/Lower Frio River, in Segment No. 2106 of the Nueces River Basin. The unclassified receiving waters have no significant aquatic life use for the unnamed ditch. The designated uses for Segment No. 2106 are high aquatic life use, contact recreation, and public water supply.

In accordance with § 307.5 and the TCEQ implementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Segment 2106, which has been identified as having a high aquatic life use.

Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ executive director has 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 that this permit, if issued, meets all statutory and regulatory requirements. The permit application, executive director's preliminary decision (as contained in the technical summary and/or fact sheet), and draft permit are available for viewing and copying at the Live Oak County Branch Library, 102 East Leroy Street, Three Rivers, Texas.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - November 25, 2008
City Council Chambers
105 North Harborth
Three Rivers, Texas 78071

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on September 25, 2008. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION. If you need more information about the hearing process for this application, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from Diamond Shamrock Refining Company, L.P. at the address stated above or by calling Mr. Jon Kiggans at 361-786-8286.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: October 8, 2008