TCEQ denies hearing requests and issues standard permit to Caprock Precast for concrete batch plant

2121971 ยท January 16, 2025

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Summary

The commission denied hearing requests under Texas Health and Safety Code section 382.058(c) and issued Air Quality Standard Permit registration number 175658 to Caprock Precast LLC for a concrete batch plant registration.

The Texas Commission on Environmental Quality voted Jan. 16 to deny hearing requests and issue Air Quality Standard Permit Registration No. 175658 to Caprock Precast LLC for a concrete batch plant.

TCEQ staff noted that Texas Health and Safety Code section 382.058(c) limits contested-case standing to persons who reside in a permanent residence within 440 yards of the proposed plant. The record showed that the named requesters live more than the statutory distance from the facility or did not provide a residential address demonstrating proximity. "Kurt and Amber Warford live over 1,600 yards from the proposed plant," a staff presenter said, and another requester did not provide an address to establish residential status within 440 yards.

On that basis the commission found the hearing requests did not meet the statutory threshold and adopted the executive director's recommendation to issue the registration and adopt the response to comments. The motion to deny all hearing requests and issue the registration passed on an affirmative voice vote.

The commission's order issues the standard-permit registration to Caprock Precast LLC; the commission did not alter permit terms at this meeting.