TCEQ approves Burnet crusher permit; opponents plan to challenge

The Texas Commission on Environmental Quality approved Air Quality Standard Permit No. 176835 for Asphalt Inc., LLC, on Friday, Feb. 14, granting the Austin-based company authorization to build and operate a rock-crushing facility at 3221 FM 3509, just outside of Burnet city limits.

Despite widespread public opposition and over 4,000 public comments submitted against the project, the TCEQ noted in its approval and response letter that it cannot deny a permit if all legal requirements are met.

The proposed facility, which would use machinery to break down rocks into smaller materials for construction purposes, is permitted to operate up to 2,640 hours per year, processing a maximum of 200 tons of material per hour.

Opponents of the project, including advocacy groups SaveBurnet.com and Texans for Responsible Aggregate Mining, are preparing to file a Motion to Overturn the permit approval with the TCEQ.

The proposed quarry is still awaiting a decision from the Lower Colorado River Authority on if it meets the proper standards of the Highland Lakes Watershed Ordinance before it can move forward. The site is near Inks Lake as well as Longhorn Cavern State Park and Camp Longhorn.

TCEQ response

The permit was approved following the TCEQ’s review process, which requires the state commission to respond to all public comments before finalizing a decision. Concerns included health impacts, environmental risks, and community disruptions. The TCEQ addressed these concerns in its official response, which categorized the objections into key areas:

Health & air quality

Many residents voiced concerns about potential health risks, including exposure to silica dust and other airborne contaminants. In response, TCEQ stated that the rock crusher’s emissions are expected to remain within allowable state and federal limits.

“Based on TCEQ’s conservative modeling analysis, TCEQ is confident that a company operating in compliance with the Standard Permit should not contribute to deterioration of air quality that would cause health effects to the surrounding community,” the commission stated.

Additionally, the TCEQ noted that required dust control measures—such as water spray systems—must be implemented at the quarry to minimize particulate emissions.

The TCEQ also shared an environmental study it conducted measuring the air quality effects of similar operations.

Environmental impact

The site’s proximity to Longhorn Cavern State Park, Inks Lake, Camp Longhorn, and other natural areas has raised concerns about potential environmental harm, including impacts on wildlife and local water resources. The TCEQ responded by stating the rock crusher must comply with the National Ambient Air Quality Standards, which it says are sufficient to protect surrounding ecosystems.

“Because the emissions from this facility should not cause an exceedance of the NAAQS, air emissions from this facility are not expected to adversely impact land, livestock, wildlife, crops, or visibility, nor should emissions interfere with the use and enjoyment of surrounding land or water,” the commission stated.

While residents and environmental groups called for additional environmental impact studies, the TCEQ declined, stating that no further analysis is required under existing regulations.

Concerns outside of the TCEQ’s jurisdiction

The TCEQ responded to various environmental and health concerns regarding the proposed rock-crushing facility, but the commission also clarified that certain issues raised by residents fall outside of its regulatory authority. These include water use, zoning, traffic, noise, property values, and mining operations like blasting.

In regards to other concerns, the commission also stated it does not consider financial motives or company violations in other states when considering a permit for approval.

Compliance & enforcement

Under the permit, Asphalt Inc. must maintain operational records and allow inspections by the TCEQ. If violations occur, potential enforcement actions could include fines or legal penalties.

“Individuals are encouraged to report any concerns about nuisance issues or suspected noncompliance with terms of any permit or other environmental regulation,” reads the TCEQ’s response.

The public can report compliance violations through the commission’s regional office at 512-339-2929 and 24-hour Environmental Complaints Hotline at 1-888-777-3186.

Motion to Overturn

A representative of TCEQ told DailyTrib.com that “a person affected by an action of the executive director may appeal to the commission by filing a motion to overturn (MTO) the executive director’s decision.”

However, the filing of an MTO does not affect an action unless decided by the commission. 

An MTO must be filed no later than 23 days after the date of the notice. The due date for Asphalt Inc.’s application is March 10. 

TCEQ rules related to motions to overturn can be found here.

Fermin Ortiz, a representative of SaveBurnet.com and a founding member of Texans for Responsible Aggregate Mining, told DailyTrib.com there are plans to file an MTO that will argue TCEQ’s responses to comments. 

“An environmental study was turned in, and (the TCEQ) did not reply to that at all, no comment whatsoever,” Ortiz said. “It would lead one to believe that maybe they didn’t read it all, so those are the kinds of things we want to point out to the commission.”

While the motion represents an official challenge to the permit approval, it can be denied. If the motion is denied, opponents could pursue legal action in court.

For more information on TCEQ, visit its website.

elizabeth@thepicayune.com