TCEQ finalizes Burnet quarry permit
More than 4,000 public comments were submitted opposing an air-quality permit for Asphalt Inc.'s proposed rock-crushing facility near Burnet. The project received final permit approval from the Texas Commission on Environmental Quality. Map courtesy of Randy Printz
An air-quality permit from the Texas Commission on Environmental Quality for a proposed rock quarry near Burnet is now final despite a recommendation from the agency’s own public interest office to overturn its initial approval.
As of May 2, no meeting was held by TCEQ commissioners to consider three motions to overturn the permit for the Austin-based Asphalt Inc. project at 3221 Hoover Valley Road, just southwest of the city of Burnet. Under state rules, the lack of action triggered an automatic denial of the motions.
“The permit was final when the executive director issued it. With the denial of the motions to overturn, there is no further opportunity to appeal the authorization before the agency,” a TCEQ spokesperson told DailyTrib.com in an emailed response to questions.
The Office of Public Interest Counsel (OPIC), a third-party watchdog within TCEQ, had recommended granting the motions to overturn the permit approval, citing unresolved issues with emissions modeling and scientific concerns flagged by an independent meteorologist.
OPIC said the applicant’s data produced “unrealistically low” pollution estimates and warranted further review. TCEQ’s Office of the Executive Director disagreed, maintaining the standard permit requirements were met and the operation would be protective of human health and the environment.
DailyTrib.com asked if the state commission had a response to OPIC’s position. A TCEQ spokesperson replied: “The commission cannot comment outside of an open meeting. The ED’s (executive director’s) position is set out in the ED’s response brief.”
The process to determine if motions to overturn will be considered in a public meeting is handled individually by each TCEQ commissioner.
“Each commissioner reviews the permit record, motions to overturn, responses, and replies,” the spokesperson explained. “If he or she identifies an issue or error that merits further consideration, the commissioner may request that the General Counsel set the matter for consideration at an open meeting before the date the motion overrules by operation of law.”
Asphalt Inc.’s permit, approved on Feb. 14, allows for a permanent rock and concrete crusher to operate up to 2,640 hours per year, processing 200 tons of material per hour. The application drew more than 4,000 public comments and formal opposition from state lawmakers, attorneys, and residents concerned about the site’s proximity to Camp Longhorn, Inks Lake State Park, and Longhorn Cavern State Park.
Now that the permit is finalized, enforcement falls to TCEQ’s compliance division.
“TCEQ will evaluate compliance based on information received, such as complaints or reports of emissions events,” the commission stated. “Investigations may be conducted to evaluate compliance with applicable requirements, including both regulations and permit conditions. If violations are documented, corrective action will be required.”
Although the TCEQ’s permit is finalized, Asphalt Inc. must still secure approvals from the Lower Colorado River Authority, Central Texas Groundwater Conservation District, and Texas Department of Transportation.
This is a consequence of y’all putting wolves (republicans) in charge of the chicken coop. Not so wonderful when you’re the one being exploited is it?
Hugely disappointing and how can that ton of dust on everything for miles around get approved? Something is wrong with the testing, the permit and the approval.
Guess TCEQ finally got the pay off amount they wanted for the approval.
Clearly there was money taken under the table to gain this approval.
Where did those commissioners come from?
TCEQ’s website says they are appointed by the Governor. The website also a little biographical info on each of the Commissioners.