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TCEQ meeting roundup: permit dismissal for LB's Future, multiple contested hearings set, enforcement orders approved
Summary
At its June 3 meeting the Texas Commission on Environmental Quality dismissed LB's Future LLC's air permit renewal, set contested-case hearings for several permit applications and approved enforcement orders totaling about $2.54 million in assessed penalties.
The Texas Commission on Environmental Quality on June 3 adopted multiple staff recommendations: it dismissed the renewal application of LB's Future LLC (air permit 71793) and ordered the permit to expire; granted contested-case hearings or standing to multiple local requesters across several permit matters; issued a new permit to Motiva Enterprises LLC after denying hearing requests; approved municipal utility district creations and appointments; and adopted enforcement items totaling $2,539,767 in assessed administrative penalties.
On Item 1, counsel for the executive director (Caitlin Ding) told the commission that the applicant, LB's Future LLC, lacked legal capacity and failed to provide required proof of publication of notice. OPIC (Eli Martinez) supported the administrative law judge's proposal for decision recommending dismissal and immediate expiration of permit 71793. Commissioners adopted an order to dismiss the renewal application and have the permit expire on the date the order is signed; the order included clarifying edits and noted the dismissal is without prejudice to filing a new application where legally permitted.
In wastewater permitting (Item 2) a 35,000-gallon-per-day discharge permit application for Flying Bar D Ranch LTD in Guadalupe County drew multiple hearing requests. The commission found Craig and Nancy Russell, adjacent property owners, met standing and referred water-quality, aquatic-life and livestock-protection issues to SOAH with a 180-day hearing duration and concurrent ADR. Other hearing requests were denied.
On air permitting (Item 3) the commission denied a hearing request from Port Arthur Community Action Network and issued a new source review permit to Motiva Enterprises LLC for a cogeneration project in Jefferson County.
The commission also approved district-creation petitions (including the Preserve Municipal Utility District in Collin County and the Grove Creek MUD petition in Ellis County). The Ellis County hearing request produced a split in the discussion but ultimately passed to refer the matter to SOAH with ADR and a 180-day schedule.
Enforcement Division staff presented items 8 through 58. The total assessed penalties presented were $2,539,767, with portions deferred and portions applied to supplemental environmental projects and general revenue. OPIC supported adoption of the enforcement orders; commissioners voted to adopt items 8–58 as recommended.
All motions described above carried by roll call/voice vote recorded during the meeting. No members of the public registered for the public-comment period and the commission adjourned at 10:23 a.m.
Next steps: contested matters will proceed to SOAH and ADR as ordered; the enforcement orders will be implemented per their terms.
