Council authorizes appeal of Asphalt, Inc. decision


By Lew K. Cohn

Managing Editor

The Highlander

Marble Falls City Council has authorized city staff to file appeals and motions against the issuance of a standard air quality permit to Asphalt Inc. by the Texas Commission on Environmental Quality (TECQ).

With a Nov. 30 decision by TCEQ, Asphalt Inc. has 18 months to begin construction of a new rock crushing facility near Marble Falls which would have an entrance 90 feet west of US 281 and approximately 2.6 miles south of the intersection of Texas 71 near Flat Rock Road, which is Burnet County Road 403.

The Marble Falls City Council discussed the matter during their Tuesday, Dec. 5, regular meeting in an executive session and then made a motion to authorize staff to act in open session.

“The City of Marble Falls is disappointed in the Texas Commission of Environmental Quality (TCEQ) decision to issue Asphalt Inc.’s Standard Air Quality Permit,” said an official statement from the city. “Like many other concerned organizations and citizens whom took the time to oppose the permit, we have received the TCEQ comments issued on November 30, 2017.

“The city remains committed to continuing its opposition of Asphalt Inc.’s facility and proposed land use, therefore we are researching and consulting experts regarding the options moving forward. As the city has annexed a portion of the tract, the city has development jurisdiction for a majority of the Asphalt Inc. tract of land and we will ensure Asphalt Inc. meets city and other applicable agency requirements/processes for any development of the land.”

TCEQ Air Permits Division director Michael Wilson P.E. wrote a letter to Asphalt Inc. Operations Manager Troy Carter, informing him of the executive director's decision to grant the permit.

“After evaluation of the information you submitted, the Texas Commission on Environmental Quality (TCEQ) has determined that your proposed construction is authorized by the Air Quality Standard Permit for Rock and Concrete Crushers effective July 31, 2008, if constructed and operated as represented in your application,” wrote Wilson. “This standard permit was issued under the Texas Clean Air Act (TCAA) § 382.011, which authorizes the commission to control the quality of the state’s air, TCAA § 382.023, which authorizes the commission to issue orders necessary to carry out the policy and purposes of the TCAA, and § 382.05195, which authorizes the commission to issue standard permits.

“Copies of the air quality standard permit general and specific conditions in effect at the time of this registration are enclosed,” the letter continued. “You must begin construction or modification of these facilities in accordance with the standard permit no later than 18 months after the date of this letter. You must notify the appropriate TCEQ Regional Office and any other local air pollution control agency having jurisdiction of the start and completion of construction; and prior to starting operation activities.

“You are reminded that regardless of whether a permit is required, these facilities must be in compliance with all rules and regulations of the TCEQ and of the U.S. Environmental Protection Agency at all times,” Wilson added.


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