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Friday, August 21, 2009

Notice of Air Quality Permitting Contested Hearing


SOAH Docket No. 582-09-5906
TCEQ Docket No. 2009-0696-AIR
Proposed Permit No. 85088L001

APPLICATION. Trinity Materials, Inc., 2525 North Stemmons Freeway, Dallas, Texas 75207, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of an Air Quality Permit Number 85088L001, which would authorize construction of a Rock Crushing Plant to be located approximately 3.8 miles east of Elmo, Texas, on Highway 80. Travel south on County Road 314 approximately 1,000 feet to the plant entrance near Terrell, Kaufman County, Texas. The proposed facility will emit the following air contaminants: particulate matter including particulate matter less than 10 microns in diameter.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The TCEQ Executive Director has made a preliminary decision to issue the permit because it meets all rules and regulations. The permit application, TCEQ Executive Director's preliminary decision, and draft permit are available for viewing and copying at the TCEQ Central Office, the TCEQ Fort Worth Regional Office, and at the Terrell Public Library, 301 North Rockwall Street, Terrell, Kaufman County, Texas. The facility's compliance file, if any exists, is available for public review at the Texas Commission on Environmental Quality Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas.

DIRECT REFERRAL. The Notice of Application and Preliminary Decision was published on December 18, 2008. On July 30, 2009, the Applicant filed a request for direct referral to the State Office of Administrative Hearings (SOAH). Therefore, the chief clerk has referred this application directly to SOAH for a hearing on whether the application complies with all applicable statutory and regulatory requirements.

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

10:00 a.m. - September 28, 2009
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 be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155.

To request to be a party, you must attend the hearing and show you would be affected by the application in a way not common to 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 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 Trinity Materials, Inc., at the address stated above or by calling Mr. Bobby Bailey, Environmental Coordinator at 214-589-8459.

Issued: August 12, 2009

LaDonna CastaƱuela, Chief Clerk
Texas Commission on Environmental Quality

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