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Concrete Batch Plant Archive: Help with TCEQ Questions


 

  • Be Professional
  • No offensive or suggestive material
  • No inflammatory remarks
  • Avoid questions that can be answered with a simple yes/no, a reference to a paragraph in a current regulation, or a reference to a page of the Tex-Mix Permit.
  • Base your questions on the information in the Tex-Mix permit submitted to TCEQ,  The permit can be downloaded at Tex-Mix Permit.

You may be upset by this threat to your home, but venting your emotions to TCEQ (or Tex-Mix) won't help.  In fact, it would probably hurt.  So, don't.

To get ideas for questions, read through the questions and comments already posted to the TCEQ website by your neighbors. 

Your questions do not have to be unique.  You don't need to verify that it is a new question. They can be very similar to a question (or part of a question) that someone else has submitted.  If it's a question you have, ask it.

The questions are not interactive.  You won't get a chance to rephrase your question if TCEQ provides a good answer to a question other than what you meant to ask. 

Above all, make sure it's a question, not a declaration.  Your question should ask TCEQ to respond with some sort of information.

TCEQ will issue the permit based solely on air quality issues.  The name Texas Commission on Environmental Quality misleads one to assume that water, wildlife, noise, and appropriate land use would all be considered in this decision, but TCEQ only has legal ability to rule on air quality.  (Contact your senator, congressman, or county commissioner to get this changed.)  However, go ahead and ask any and all questions, whether they relate to air quality or not.  TCEQ may simply respond "not applicable" (or something appropriately legally dismissive), but asking all questions, regardless of topic, serves three purposes:  1)TCEQ has to respond in writing to all questions before they rule on the permit, 2)your question may trigger another approach for blocking this threat, and 3)your questions will help TCEQ and Tex-Mix understand how passionate we are about preserving our quality of life and cause Tex-Mix to decide that the proposed location will result in too many issues to be overcome and would result in continuous harassment from state and federal agencies as well as neighbors, and that another location would be more appropriate.

Question examples:

These questions are not based on what already has been submitted to the TCEQ website.  If one of these questions happen to be very similar to one you have submitted, and you are offended at my commentary following it, I apologize.  I did not get examples by picking through the questions already submitted to TCEQ.  They were created for this web page to help demonstrate how we expect TCEQ to respond, and therefore, guide how we word our questions. 

  1. Why would a concrete batch plant be allowed among residences and ranches?  (This is weak because TCEQ's answer would be something like, "There is no zoning.")
  2. Isn't there a more appropriate location, like within an industrial park, similar to the location of other Tex-Mix plants?  (This is weak because TCEQ's response would probably be something like, "There is no zoning.")
  3. Please provide the analysis that indicates the air quality impacts within the proposed residential area meet the air permit requirements.  (The question forces TCEQ to provide the scientific analysis that may reveal an oversight or error.)
  4. By my calculations, no matter where the equipment or stock piles are located within the boundaries of the proposed property, at least one residence will lie within the 440 yard (1/4 miles) impact zone.  Please provide the analysis results that show the permit can be granted without impacting any current residence.  (Similar to #3,, but more specific.  The TCEQ response will yield data that can be contested.)
  5. How much truck traffic will this create?  (This is weak, because it can be answered from the permit, and can be answered by only covering concrete delivery trucks leaving the plant.  There are also larger tractor-trailer trucks that deliver aggregate, and each truck must arrive and leave - two-slow-moving-truck events per truck.)
  6. The permit states that Tex-Mix plans to use only about 5 acres of the property.  Does Tex-Mix plan to expand into the rest of the property or sell it?  (This is a good question, but can probably be answered with a "No", based on the permit.)
  7. If Tex-Mix attempts to expand the plant into more of the property, can they be stopped?  (A better way to phrase the question, because the answer sets a precedence that can be used to control Tex-Mix when they begin to expand.)
  8. The permit requests 24-hours per day, 7 days a week!  Can it be limited to 8 AM to 5 PM Monday through Friday?  (This is weak, because it's up to Tex-Mix.  TCEQ most likely will respond, "The permit requests 24-hour-per-day, 7-day-per-week, 365 days-per-year."  Tex-Mix will naturally attempt to get as much freedom as they can, but this question does raise a possible compromise position, which you may feel would be acceptable, or not.)
  9. I realize that Tex-Mix is not responsible for the dust raised by truck traffic in and out of the plant,  but since this is the significant source of dust from the Tex-Mix plant observed, who will be responsible for this fugitive dust?  (This is weak because TCEQ will probably quote a law that states dust raised outside the plant is not within the scope of this permit, and not answer the 2nd part.  It would be better submitted as two questions..)
  10. At the current Tex-Mix concrete batch plants, I have observed large tractor-trailer trucks staging along the road outside the plant waiting to deliver aggregate, cement and perhaps other chemicals.  I also observed the concrete delivery trucks routinely pulling out of the plant onto the access road and then parking to perform some last minute adjustments or checks.  There were often two or three trucks staged outside the Tex-Mix plant.  Since the proposed plant will have a driveway directly onto Hwy 281, with no storage lane or access road, or sufficient paved area within the plant, how will the equivalent truck traffic be accommodated?   (Even though this question does not relate to air quality, it still should be submitted, because it raises a valid traffic safety concern that can be used to block the plant.)
  11. Since several of the plots within the 440-yard impact zone do not currently have residences on them, they have been ignored for the sake of impact analysis.  That seems to obviate that lot from ever being used for a residence.  Shouldn't the owners of those lots be compensated for the damage done to their property value if the State grants a permit?  (This is weak, but maybe the threat of being liable will give TCEQ pause.)
  12. Since the impacts analysis is being performed using building locations, rather than lot lines, does that mean if the permit is granted, a new residence cannot be built in the future if the building falls within the impact zone?  (Similar to #11, but a different impact.  This is probably weak because it can be answered with, "A residence can be built, but it cannot claim impact since the threat will exist at the time the residence is built.)
  13. If construction on a residence falling within the 440-yard impact zone begins before the TCEQ final ruling, would that require the impact analysis to be revisited and the revised results considered before the TCEQ ruling is issued?  (Probably weak because it can be answered with a "No".  Adding, "If no, please explain", makes the question stronger, but not much since a reference to a law probably answers it.)

Go forth and question! 

Submit a question to TCEQ website.