posted by mySouTex




Texas Commission

on Environmental Quality







APPLICATION EFS Midstream LLC, has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment to and renewal of Air Quality Permit Number 5144A, which would authorize modifications to and continued operation of the Pawnee Treating Plant. The applicant provides the following directions to the site: from the intersection of Highway 72 and F.M. 673 in the town of Pawnee; travel approximately 2.4 miles south on F.M. 673 and 0.5 mile east on F.M. 136 to where the plant is off the south side of road, Pawnee, Bee County, Texas 78145. This link to an electronic map of the site or facility’s general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application.




The existing facility and/or related facilities will emit the following air contaminants: nitrogen oxides, carbon monoxide, sulfur dioxide, hydrogen sulfide, particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less, and organic compounds.

The applications were submitted to the TCEQ on December 12, 2013. The permit renewal will be issued in conjunction with the amendment. This permitting action also includes the incorporation of the following previous authorizations or changes to authorized facilities related to this permit: alterations and changes in emission factors. The reasons for any changes or incorporations, to the extent they are included in the renewed permit, may include the enhancement of operational control at the plant or enforceability of the permit. The applications will be available for viewing and copying at the TCEQ central office, the TCEQ Corpus Christi regional office, and the Joe Barnhart Bee County Library, 110 West Corpus Christi Street, Beeville, Bee County, Texas, beginning the first day of publication of this notice. The facility’s compliance file, if any exists, is available for public review in the Corpus Christi regional office of the TCEQ.

The executive director has determined the applications are administratively complete and will conduct a technical review of the applications.

PUBLIC COMMENT/PUBLIC MEETING You may submit public comments, a request for a public meeting, or request a contested case hearing to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the applications. The deadline to submit public comments is 30 days after newspaper notice is published.

The purpose of a public meeting is to provide the opportunity to submit comments or ask questions about the applications. A public meeting about the applications will be held if the executive director determines that there is a significant degree of public interest in the applications or if requested by a local legislator. A public meeting is not a contested case hearing.

If only comments are received on the applications, the response to comments, along with notice of the executive director’s action on the applications, will be mailed to everyone who submitted comments or is on the mailing list for these applications.

The executive director will complete the technical review, issue a preliminary decision on the applications, and a Notice of Application and Preliminary Decision will be published and mailed to those who are on the mailing list for these applications. That notice will contain the final deadline for submitting public comments. If a hearing request is timely filed in Response to this Notice of Receipt of Application and Intent to Obtain Air Permit, the time period for requesting a contested case hearing will be extended to thirty days after the mailing of the executive director’s response to comments.

After the final deadline for public comments following the Notice of Application and Preliminary Decision, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. If comments are received, the response to comments, along with the executive director’s decision on the applications, will then be mailed to everyone who submitted public comments or is on a mailing list for these applications.

OPPORTUNITY FOR A CONTESTED CASE HEARING You may request a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court. Unless a written request for a contested case hearing is filed within 30 days from this notice, the executive director may approve the applications. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission’s decisions on the applications. Further, the Commission will only grant a hearing on issues raised by you or others during the public comment period and not withdrawn.

A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. If requesting a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant’s name and permit number; (3) the statement “[I/we] request a contested case hearing”; (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; and (6) a description of how you use the property which may be impacted by the facility. If the request is made by a group or an association, the one or more members who have standing to request a hearing and the interests which the group or association seeks to protect, must also be identified. You may also submit your proposed adjustments to the applications/permit which would satisfy your concerns.

Following the close of all applicable comment and request periods, the executive director will forward the applications and any requests for contested case hearing to the Commissioners for their consideration at a scheduled Commission meeting. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact relating to relevant and material air quality concerns raised during the comment period. Issues such as property values, noise, traffic safety, and zoning are outside of the Commission’s jurisdiction to address in this proceeding.

MAILING LIST In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices for this specific applications mailed by the Office of the Chief Clerk by sending a written request to the Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION Public comments and requests must be submitted either electronically at


or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency’s public record. For more information about this permit application or the permitting process, please call the Public Education Program toll free at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040.

Further information may also be obtained from EFS Midstream LLC, P.O. Box 600, Pawnee, Texas 781450600 or by calling Mr. Aaron Alvarez, Environmental Specialist II at (361) 580-4744.

Notice Issuance Date:

December 19, 2013