Details for Praxair, Inc. - Tx Commission on Environmental Quality

TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY

NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN
AIR PERMIT RENEWAL
PERMIT NUMBER 19297
APPLICATION Praxair, Inc. has applied to the Texas Commission on Environmental Quality (TCEQ)
for renewal of Air Quality Permit Number 19297, which would authorize continued operation of
the Praxair Texas City Hydrogen Complex located at 1720 Grant Avenue, Texas City, Galveston
County, Texas 77590. 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. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=29.366111&lng=94.937777&zoom=13&type=r. The existing facility and/or related facilities are authorized to emit the
following air contaminants: organic compounds, nitrogen oxides, carbon monoxide, sulfur dioxide,
and particulate matter including particulate matter with diameters of 10 microns or less and 2.5
microns or less.
This application was submitted to the TCEQ on August 17, 2015. The application will be available
for viewing and copying at the TCEQ central office, TCEQ Houston regional office, and the Moore
Memorial Public Library, 1701 9th Avenue North, Texas City, Galveston 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 Houston regional office of the TCEQ.
The executive director has determined the application is administratively complete and will
conduct a technical review of the application. In addition to the renewal, this permitting action
includes the incorporation of the following authorizations or changes to authorized facilities
related to this permit: alterations and amendments. An amendment application that is not subject
to public notice or an opportunity for a contested case hearing is also being reviewed. 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. For
more information about this permit application or the permitting process, please call the Public
Education Program toll free at 1 800 687 4040. The TCEQ may act on this application without
seeking further public comment or providing an opportunity for a contested case hearing if
certain criteria are met.
PUBLIC COMMENT You may submit public comments, or a request for 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 application. The deadline to submit public comments is 15
days after newspaper notice is published. After the deadline for public comments, the executive
director will prepare a response to all relevant and material, or significant public comments. Issues
such as property values, noise, traffic safety, and zoning are outside of the TCEQ’s jurisdiction to
address in the permit process.
After the technical review is complete the executive director will consider the comments and
prepare a response to all relevant and material, or significant public comments. If only comments
are received, the response to comments, along with the executive director’s decision on the
application, will then be mailed to everyone who submitted public comments or who is on the
mailing list for this application, unless the application is directly referred to a contested case
hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING You may request a contested case hearing.
The applicant or the executive director may also request that the application be directly referred
to a contested case hearing after technical review of the application. 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 15 days from this notice, the executive director may act on the
application. If no hearing request is received within this 15 day period, no further opportunity
for hearing will be provided. According to the Texas Clean Air Act § 382.056(o) a contested case
hearing may only be granted if the applicant’s compliance history is in the lowest classification
under applicable compliance history requirements and if the hearing request is based on disputed
issues of fact that are relevant and material to the Commission’s decision on the application.
Further, the Commission may only grant a hearing on those issues raised 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 association, the one or more members who have standing
to request a hearing and the interests the group or association seeks to protect must also be
identified. You may also submit your proposed adjustments to the application/permit which
would satisfy your concerns. Requests for a contested case hearing must be submitted in writing
within 15 days following this notice to the Office of the Chief Clerk at the address below.
If any requests for a contested case hearing are timely filed, the executive director will forward
the application and any requests for a contested case hearing to the Commissioners for their
consideration at a scheduled Commission meeting. Unless the application is directly referred to
a contested case hearing, the executive director will mail the response to comments along with
notification of Commission meeting to everyone who submitted comments or is on the mailing
list for this application. 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 for this application by sending a request to the Office of the Chief Clerk at the address below.
Those on the mailing list will receive copies of future public notices (if any) mailed by the Office of
the Chief Clerk for this application.
AGENCY CONTACTS AND INFORMATION Public comments and requests must be submitted
either electronically at www.tceq.texas.gov/about/comments.html, 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 Praxair Inc., 1585 Sawdust Road, Suite 300, The
Woodlands, Texas 77380-2095 or by calling Ms. Kiranmai Valluri, Environmental Manager at (281)
478-1564.
Notice Issuance Date: August 25, 2015

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