TCEQ denies hearing requests and issues Raptor Ready Mix concrete batch-plant registration under statute limiting standing
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Summary
The commission denied hearing requests and issued a standard-permit registration to Raptor Ready Mix after concluding that no requester demonstrated residence within the 440-yard radius required by Texas law to qualify as an affected person for concrete batch-plant standard permits.
The Texas Commission on Environmental Quality on Nov. 5 denied all hearing requests related to Raptor Ready Mix—s application for an air-quality standard permit for a concrete batch plant (registration 177217L002) and issued the registration.
The chair noted Texas Health and Safety Code section 382.058(c) specifically limits affected-person status for this standard-permit category to persons residing in a permanent residence within 440 yards of the proposed plant. In the hearing-request review, TCEQ staff concluded no requester demonstrated residence within that radius, and the commissioners agreed the statute compelled denial of the hearing requests as a matter of law.
"In my review of the hearing request in this matter, none have demonstrated that they live within the 440 yards of the proposed concrete batch plant," the chair said before moving to deny the hearing requests and issue the registration. Commissioners voted in favor.
No additional fact-finding was conducted at the meeting; statutory standing limits governed the commissioners' conclusion and the permit was issued as recommended by the executive director.