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TCEQ grants Lyondell Chemical major amendment and renewal of Channelview South TPDES permit
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Summary
The commission approved a major amendment and renewal of Lyondell Chemical’s Channelview South TPDES permit after the ALJ and ED found the draft permit protective of water quality and anti-degradation requirements; an adjacent resident protested but the record did not rebut the prima facie case.
The Texas Commission on Environmental Quality voted to grant Lyondell Chemical Company’s application for a major amendment and renewal of its Texas Pollutant Discharge Elimination System permit for the Channelview South facility.
Whit Swift, co-counsel for Lyondell, told the commission the amendment establishes an on-site-specific copper discharge limit based on receiving-water characteristics and does not increase authorized discharge volume. Swift said the ALJ’s proposal for decision found the draft permit complies with TCEQ anti-degradation policy and will protect water quality and human health.
Adjacent resident and protestant Douglas Stewart addressed the commission virtually, describing the difficulty for citizens to represent themselves without counsel and raising concerns about past incidents. The executive director’s staff (Cole Malley, Justin Tack and Water Quality Division personnel) and OPIC (Eli Martinez) reviewed the record and recommended issuance; OPIC concluded the parties challenging the permit did not present evidence sufficient to rebut the prima facie demonstration that the draft permit complies with statutory and regulatory requirements.
Commissioners proposed minor revisions to the proposed order to memorialize anti-degradation findings and to clarify legal standards and dates. A commissioner moved to grant the application, issue the permit in the form recommended by the ED, and adopt the ALJ’s proposed order as revised; the motion passed. The transcript does not record a member-by-member roll call or detailed vote tally.
The commission’s action issues the major amendment and renewal of TPDES permit number WQ0002927000 for Lyondell’s Channelview South plant; commissioners and staff emphasized that monitoring, numeric effluent limits and updated conditions reflect current standards and increased oversight in several areas.
