TCEQ adopts ALJ recommendation, approves Schreiber Foods permit amendment for Stephenville facility
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Summary
The Texas Commission on Environmental Quality voted to adopt an Administrative Law Judgeproposal for decision and issue a major amendment to permit WQ003074000 for Schreiber Foods Inc., finding the draft permit contains provisions intended to prevent nuisance odors.
The Texas Commission on Environmental Quality on April (date on agenda not specified) adopted an Administrative Law Judge(PFD) recommendation and approved a major amendment to permit number WQ003074000 for Schreiber Foods Inc., an applicant that operates a dairy-products facility in Stephenville, Texas.
The commissionadopted the ALJproposed order after hearing oral summaries from parties. Jim Bradbury, attorney for the applicant, told the commission the amendment would expand the facility acreage from 50 acres to 61 acres, increase permitted flow and update biochemical oxygen demand and total nitrogen limits to reflect higher production needs. "We support the PFD," Bradbury said, noting no party filed exceptions. Ali Swallow of the executive directorstaff supported the ALJ's conclusion that the draft permit contains sufficient provisions to prevent nuisance odors. Jessica Anderson of the Office of Public Interest Counsel said OPIC agreed with the ALJ recommendation.
The commission chairwoman then asked for comments from other commissioners; Commissioner Katerina Gonzalez and Commissioner Bobby Janeka both said they were in agreement with the ALJ and executive director analyses. A motion to adopt the ALJ's proposed order and adopt the executive director's response to comment carried on a voice vote.
Why it matters: The amendment authorizes expanded operations at a long-running dairy-products facility in Stephenville; the proceeding focused narrowly on whether the draft permit contains adequate nuisance-odor provisions and whether the record rebutted the applicant's prima facie demonstration. The ALJ granted the applicant's motion for summary disposition on that referred issue after a protestant failed to present evidence to rebut the administrative record.
Key details: The applicant described the manufacturing as cream cheese, cheese, yogurt and beverage products and characterized the change as a response to increased demand. The ALJ record and the executive director's recommendation indicate parties prefiled testimony and expert evidence in support of the draft permit; the protestant did not present evidence on the referred issue. The commission adopted the ALJ's findings of fact and conclusions of law and approved issuance of the draft permit.
The commission did not record a roll-call vote in the hearing transcript; the motion was passed by voice vote. The commission chairwoman closed the item after adoption.
