TRANSMISSION VERIFICATION REPORT NAME BROM4J173751 · Toni Oyler Air Permits Division (512)...

DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE

TRANSMISSION VERIFICATION REPORT

12/13 14:22 912548254325 00:01:25 05 OK STANDARD ECM

TIME NAME FAX TEL SER.#

12/13/2005 14:23

1300 1300 BROM4J173751

,., FAX TRANSMITTAL - -- ...

Protecting TGli:a:'l by Re~lucing and

Prevont\ng Pol1~1tiO!"'

DATE: ___ !.'1ZI::=l3::,.ol2:oc00"'6:_~- NUMBER OF PAGES (inc!J;ding thi< cover sheet):

TO:

Organization

FAX Number

Mr. Ted J. Uptmore, General Manager

Adair Grain, lnc. dba West Fertilizer Company

254-826-4325

FROM: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Name

Division/Region

Telephone Number

FAX Number

Dear Mr. Uptmore,

Toni Oyler

Air Permits Division

(512) 239-1311

(512) 239-4500 .

Per our telephone c(>nversation, please complete the 'Table l(a) and the Table 30. They 1nay be faxed to me at 512 239-4500.

Thanks so much for your help!

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

TELEPHONE MEMO TO THE FILE

Please complete with typewriter or black pen.

~-~~~ Call to: d~ &~-~- Call from: cfltf}

Date of call: {_..2)1.3 File no.: eo0o'f ' '

Phone no.: ( .2st/) B.;;t, ..,fi_3tJ'f_ Subject: 4d J- --r;<,/A X" .+-.i. /A)

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Information for file: /!A A . .,( A. ,) '1-o "" A__,. • J d- /a J. &. / Ia J a "'/'d_j, -1.- , "1.0.

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TCEQ-0225 (Rev. 06-30-03)

TCEQ Use Only

TCEQ Core Data Form If you have questions on how to fill out this form or about our Central Registry, please contact us at 512-239-5175.

Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at 512-239-3282.

SECTION 1· General Information

1. Reason for Submission Example: new wastewater penn;t~;'Rgistration; change in customer information; etc. Dry Fertilizer Blending and Storage Plant Plant S

2. Attachments I Describe Any Attachments: (ex: Title V Application, Waste Transporter Application, etc.)

0Yes 0No i Pl-1 I

3. Customer Reference Number-if issued 4. Regulated Entity Reference Number-if issued

CN (9 digits) RN (9 digits)

SECTION If· Customer Information . 5. Customer Role (Proposed or Actual) -As It Relates to the Regulated Entity Listed on This Form

Please checl< one of the following: DOwner 0 Operator 0 Owner and Operator

0 Occupational Licensee 0 Volunteer Cleanup Applicant 0 Other:

TCEQ Use Only 0 Superfund DPST 0 Respondent

6. General Customer Information

0 New Customer 0 Change to Customer Information 0 Change in Regulated Entity Ownership 0 No Change' 'If "No Change" and Section lis complete skip to Section Ill - Regulated Entitv Information.

7. Type of Customer: 0 Individual 0 Sole Proprietorship- D.B.A. 0 Partnership 0 Corporation 0 Federal Government 0 State Government 0 County Government 0 City Government 0 Other Government 00ther

8. Customer Name (If an Individual, please print last name first) If new name, enter previous name: Adair Grain, Inc. IIQNWb~~ GatliM!IIr:l

9. Mailing Address: PO Box399

City State ZIP ZIP+4 West Tx 76691

10. Country Mailing Information if outside USA 11. E-Mail Address if applicable

12. Telephone Number 113. Extension or Code 114. Fax Number if applicable ( 254 ) 826 - 5309 ( 254 ) 826 - 4325

16. Federal Tax ID (9 digits} 16. State Franchise Tax ID Number if applicable 17. DUNS Number if applicable (9 digits)

18. Number of Employees 19.1ndependently Owned and Operated?

0 0-20 0 21-100 0101-250 0251-500 0 501 and higher

. SECTION Ill: Regulated Ent1ty InformatiOn 20. General Regulated Entity Information 0 New Regulated Entity O Change to Regulated Entily Information 0 No Change'

0YES

'If "No Change" and Section I is complete, skipto Section IV- Preoarer Information.

21. Regulated Entity Name (If an individual, please print last name first) Athi= GNiA, IRG 98A West Fertilizer Company

TCEQ~10400 (09/02)

QNO

&'ie1"' b " vCiV€~t1i

NOV 14 20 6 A!. • . o. ~~'"' , • , . I"

Page1 of2

22. Street Address: 1471 Jerry Mashek Drive

(No P. 0. Boxes)

City State ZIP ZIP+4 West TX 76691

23. Mailing PO Box 399

Address

City State ZIP ZIP+4 West Tx 76691

24. E-Mail Address:

25. Telephone Number 26. Extension or Code 27. Fax Number if applicable

(254)826· 5309 ( 254 ) 826 • 4325 28. Primary 29. Secondary

SIC Code SIC Code 30. Primary NAICS Code 31. Secondary NAICS Code (4 digits) (4 digits) (5 or 6 digits) (5 or 6 digits)

5153 42251

32. What Is the Primary Business of this entity? (Please do not repeat the SIC or NA/CS description.) Farm Store with dry, liquid fertilizer and grain elevator.

Questions 33 • 37 address aeoaraohlc location. Please refer to the Instructions for aoolicabilltv.

33. County: Meled111111ttn /VICt..£1-lNAN 34. Description of Physical Location

Fas:m tmEI sl:lppl:f stare that sells llq~iEI aud dry fertilizer. JL/.,1 "J'"GP.fl.'L fVIIt~H&!I< 'DR.

36. Nearest City State Nearest ZIP

West TX 76691

36. Latitude (N)

....... R-<t;;~ll .. --+~~tes ---1-·--·Jl;~:iL .... 37. Longitude (W)

_____ l?.!!~;;~----·1·------.Mi~~~§ .. _______ s~~~~.<!L __

38. TCEQ Programs In Which This Regulated Entity Participates Not all programs have been listed. Please add to this list as needed. If you don't know or are unsure, please mark "unknown."

0 Animal Feeding Operation 0 Petroleum Storage Tank 0 Water Rights

0 Title V- Air 0 Wastewater Permit 0 0 Industrial & Hazardous Waste 0 Water Districts 0 0 Municipal Solid Waste 0 Water Utilities 0Unknown

@New Source Review - Air 0 Licensing • TYPE(s)

SECTION IV P : reparer I f n ormat1on 39. Name 140. Title

Ted J. Uptmore General Manager

41. Telephone Number 42. Extension or Code 43. Fax Number if a~~~~Q" CiJ ( 254 ) 826 . 5309 ( 254 ljj. ·. ~""'. li.M€

44. E-Mail Address: ~In\/ 1 A ?nne

TCE:Q-10400 (09/02)

PAY TO THE ORDER OF

ADAIR GHAIN, INC. 3236 DBA WEST FERTILIZER , ,

PH. 254-826·5309 ) P.O. BOX 399 1 . 1 68-515/11!9

r] WEST, TX 7B691 '" • I;"\ J 10 (;:> ,} . 0 OAT ·lrv--x t!,L ,jU_(1 Li

JL'I.})y-J(_,'.J.L~ /_L)ft-0i;-,u 12 r;; n l I $900 °J:( • •"• ~~~~~ 111111 ~Hilt r'- ''jl ~··~ ,~m'l p1mlt ,.,. j"•t'·

",' "1t.l',_l:·,: .,'','," (./ 1!'J .!:·.~P 1,1 •• 11} {11111ll ,I) I., L•1:1 luul' iultl t. • '•11 o. ·-~·-~· -----:----~'__:_: __ ' ____ • _____________ ~DOLLARS l..!J 1;:1;,\'::0"""·

The State National Bank IN WEST

WEST. TEXAS 76691

FOR _______________________ __

u•oo :l 2:1 r;u• •: l.ld "lO 5 ~ 5 "ll:

October 31, 2006

Adair Grain, Inc. DBA West Fertilizer Company 1471 Jerry Mashek Drive PO Box 399 West. TX 7669

General Application Form Pl-1

1. This Bulk Dry Fertilizer Plant in West, Texas was purchased by the Adairs in June of 2004 and at that time was under a grandfather exemption. The Adairs where unaware that the facility would have to be permitted by September 2004 as all grandfather exemptions ended.

2. This is a bulk fertilizer plant that blends dry fertilizer for application on cropland and pasture land.

3. Materials Received: a. Murate Potash 0-0-60 b. Diammonium Phosphate 1846-0 c. Ammonium Sulfate 21-0-0-24 d. Ammonium Nitrate 34-0-0 e. Sulfate of Potash (K-MAG) 0-0-20

4. Material is dry fertilizer and no oil surfactant is used for dust control. 5. Maximum receiving rate is 25 tons per hour. 6. Maximum blend and load out is 10 tons per hour. 7. Maximum annual through put of each item:

a. Murate Potash 0-0-60- 504 tons b. Diammonium Phosphate - 1300 tons c. Ammonium Sulfate - 334 tons d. Ammonium Nitrate- 2400 tons e. Sulfate of Potash-233 tons

8. Maximum annual throughput for finished product is 4771 tons. 9. Plant receives half of the dry fertilizer by truck and half by rail. 10. Fertilizer is received by truck or rail and conveyed into storage bins inside

the dry fertilizer warehouse. Fertilizer is moved by front-end loader into blender where formulation is blended. After blending the final mix is conveyed into spreader. Blender is located Inside of storage warehouse.

11. Normal operating season is during spring and fall planting season. 12. There are schools within 3000 feet of facility.

MAX HRLY EMMISSION HANDLING RATE MAX ANNUAL HANDLING

POINT PURPOSE TPH RATE ·--·--·

1 TRUCK RECEIVING 25TPH 4771 TPY --------- --------· --DROP FROM OVER HEAD

2 CONVEYOR TO OPEN BINS 25TPH 4771 TPY ·-----TRANSFER OF MATERIALS -

3 BY FRONT END LOADER 10TPH 4771 TPY 4 LOAD OUT AREA 10 TPH 4771 TPY

HOURLY EMISSIONS

TONS EMISSION EMISSION EMISSION HOUR FACTOR AMOUNT LBSHOUR

--·-- _______ ,,, -------.-~-- - .. ---

PM10 HOURLY-RECEIVING 25 0.02 0.1 0.05 ------· '" -·---·------· ·~

····-·· PM10 HOURLY-MIXING AND HANDLING 10 0.02 0 0.2 ~~----- ·---·-·-· .. ---···--- --·--·

PM10 H61JRLY-TRUCK LOAD OUT 10 -· ---- 0.02 ____

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Copyright© 1988-2003 Microsoft Corp. and/or its suppliers_ All rights reserved. http:/fww'w".microsoft.comlstreets ©Copyright 2002 by Geographic Data Technology, Inc. All rights reserved.© 2002 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities© 1991-2002 GovemmerJI of Canada (Statistics Canada and/or Geomatlcs Canada), all rights reserved.

PAY TO THE ORDER OF

ADAIR GkAIN, INC. 3236 DBA WEST FERTILIZER _,

PH. 254-826-5309 ) P.O. BOX 399 j _ I_ 88-515/1119

(} WEST, T>:_ __ 7£691 n-... .... IF\ _1 ;!'). ~

~ OAT •lt-t::•o< let; •/UP/ciU

cf! ~- ~/ ;I I !:\ l - n o o I Le_)')}--U\J-Lt / -- ~k~~u,u L t:::' DL I $7 oO ;c<_

"1'.. ,.~.. - l~f'!j ,uu, -(lllU j"l !'I ! (' ~Hthj tf'-W; ,.,.r,r· I It' t:~ '•,, I' u··r '"'' 'I ,I ,,,1 I II, I ,, l '"'"' '""" !.,, ' •• ; D. ,_ .. , .... _,

J r L.. .,,.f .. I .... ,.. 11\11 n . ,, ' .. ' DOLLARS l!.J :;:::~:-"""".

The State National Bank IN WEST

WEST. TEXAS 76691

FOR ______________________________ __

11'00 :I 2:\ [;II' 1: ~ 1.1. 90 5 ~ 5 91:


TRANS~1ISSION VERIFICATION REPORT

01/10 15:45 912548264325 00:05:57 18 OK STANDARD ECM

TIME 01/10/2007 15:51 NAME FAX 1300 TEL 1300 SER.# BROM4J173761

FAX TRANSMITTAL

F'roteotlng Texl:!s

by Reduyfng and

Preventing POllufiM

DATE:

TO:

FBQM,

NUMBER OF PAGES ( in~;Jfudin(l lhi~ C<IV~f sht>B/) :

Name

Organization

FAX Number

TEXAS COMMISSION ON.ENV.IRONMRNTAL QUALITY

Name

Division/Region

Telephone Number

FAXN\.Imber

Toni Oykr

Ai.r Permits Division

5 HI/ 2119-!3l!

512 2.'!.19- *600

NOTES: P~1J/T' ~D- liOI/'0/.f

=»~ 1-w -~kif/ Administrative complete letter and public notice package. The hard copy will follow

in the mail. Your application will now be transferred to a technical engineer. Thanks

and please don't hesitate to call if you have any questions.

JAN-09-2007 04:07 PM ~IGST FERTILIZER 254 826 4325

FAX TRANSMITTAL D!l TE; 11~/2007

1"0: Name

Organizetlon

FAX Number

NUMBJ:!R OF PAGES (lndudJng thl,, cQVItt sh~ll)•

Mr. T•a J.Uetmort" ll•o•!'l!' Manag"r

Ma!r Grain, lno. dba West I'lertillzer Clllllp!W

254-825-4325

FROM: TEXAS COMMISSION 'oN ENVIRONMENTAL QUALITY

Name

Oivlalon/R$QIOn

Telepnone Nymber

FAX Nu111b1t

ionl Oyler

Air Perrnltl Division

~12 aas....,go

f:le: Name of Company or S~e: Woet Frilll!~~r ComJ'IUIY Permlt No.80404

GJ

We !lave attached a dnft pol1ion of the Notice of Rece~pt of Application aud Intent to Obtain a Permit, which contains infotmatlon relevant to you~ application. Please rev!.ew the information carefully and provide us with any corrections as soon as possible (Jf draft approval is not received within 2 working days, notice pacltagE will be rued with the CbJef Clerks' office " & ls11).

Note: Please vl.lril'y tile eoutaminants, publit viewl.niJ plllal, ete ...

Pleas!l complete tbe portion below l!lld fax this page 'back to us at the above number. Yollr prompt IISsistattcl!l is appreciated.

4)"111)

If you Cfl1l op•n WM'dhrjret dor:umtnts, and would lik• your fi.11al pu/JUc nottee pewkagl e-ltlllfltd Jo you, please check the following /mx, a Wording of Notice Approved by: 1.#1~ Date: I~ {- 0 7 v

Thank& for all your help!

Who Represents Me--Distric. 'y City

Who Represents Me? Districts By City

Districts for West Texas U.S. Senators

Page I of2

U.S. Senators represent the entire state. Texas' current U.S. Senators are Senator John Cornyn and Senator Kay Bailey Hutchison. See their websites for current contact information.

Texas U.S. Representative Congressional District 17--Congressman Chet Edwards District Address: 2264 RAYBURN HOUSE OFFICE BUILDING WASHINGTON DC 20515 Phone: (202) 225-6105 District Offices

600 Austin Ave., Ste. 29 Waco, TX 76701 Phone: (254) 752-9600

115 South Main Street, Ste. 202 Cleburne, TX 76033 Phone: (817) 645-4743

111 University Drive East, Ste. 216 College Station, TX 77840 Phone: (979) 691-8797

Congressional District for 110th Congress, 2007-2008 Congressional District 17

Texas State Senator Senate District 22--Senator Kip Averitt Capitol Office: EXT E1.606 Capitol Phone: (512) 463-0122 Capitol Address: P.O. Box 12068, Capitol Station Austin, TX 78711 District Address: River Square Center, 215 Mary, Suite 303 Waco TX 76701 Phone: (254) 772-6225 State District Offices

Texas State Representative House District 56--Representative Charles 'Doc' Anderson Capitol Office: EXT E1.422 Capitol Phone: (512) 463-0135 Capitol Address: P.O. Box 2910 Austin, TX 78768 District Address: 900 Austin Ave., Suite 804 Waco TX 76701 Phone: (254) 754-3892

http://www.fyi.legis.state.tx.us/City.aspx?CityCode=77332&CityName=West 12/13/2006

Who Represents Me--Distric 'v City

Texas State Board of Education Member SBOE District 14--Mrs. Gail Lowe District Address: 11 CHRIS AVENUE LAMPASAS TX 76550 Phone: (512) 556-6262

http://www.fyi.legis.state.tx.us/City.aspx?CityCode=77332&CityName=West

Page 2 of2

12/13/2006



12/13 14:31 5181 00:00:35 03 OK STANDARD ECM

TIME NAME FAX TEL SER.tl

12/13/2006 14:31

1300 1300 BROM4J173761

FAX. TRANSMITTAL

Prot~lng i!t!:<~s by R~ducfng and

Preventing Pollution

1"' Request

DATE: December 13,2006 NUMBER OF PAGES (including this cover -------- sheet):

TO: Name

Organization

FAX Number

Central Registry

Attention: Central Registry

(512) 239-5181


Name

Division/Region

Telephone Number

FAX Number

Check BoJr

NewCust.

New RegEnt

New Affiliation

End Date Current End Date: Customer:

YorN

Toni Oyler

Air Permits Initial Review Team, Air Permits Division

(512) 239-1311

(512) 239-4500

Check Box

Update Customer

Update Regulated Entity

Update All CN Info

Update All RN Info

N~;~w Reg/Permit# ....

~

JAN-05-2007 04:32 PM WF~T FERTILIZER

DATE [~ _J. () J

TO lt £ Q

FROM: WEST FERTILIZER CO. P.O. BOX399 VVEST, TX 76691

FAX# (254) 826-4325 PHONE # (254) 826-5309

254 826 4325

/. / COMMENTS: I cd /"" J D ket d L ~ b J r- /(a)

TiffS TRANSMISSION OF 'f PAGES INCLUDING TinS COVER SHEET. PLEASE CALL (254) 826·5309 IF THERE IS A PROBLEM.

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FOR RENT

FOR RENT: 2 bedroom brick home with living room, dining room, large kitchen, refrigerator, stove and cellar. No pets. Excellent location in town. Call 826-5329 or 709·2628. (2/Bp)

FOR RENT: Duplex - one and two bedrooms. West lSD. Call Sandra at (254) 744-1159. (2/Bp)

_. ............... , ----·-·. -----~ '

Lasagna, Garlic Bread, Salad • $4.99 FRIDAY

Fried Catfish, Parsley Potatoes, Cole Slaw, Hushpupples- $4.99 Beef Enchiladas, Beans, Rice, Chips, Salsa - $4.99

SATURDAY Beef T~ps Over Rice, Corn, Salad • $5.69

Fried Boneless Pork Ribs, Parsley Potatoes, Corn, Salad - $5.69 SUNDAY

Baked Chicken, Parsley Potatoes, Green Beans,Salad • $4.99 Pork Chops, Parsley Potatoes, Green Beans, Salad • $5.69

NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR PERMIT PROPOSED AIR QUALITY PERMIT NO. 80404

APPLICATION Adair Grain, Inc. dba West Fertilizer Company has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Air Quality Permit No. 80404, which would authorize continued operation of the Bulk Dry Fertilizer Plant located at1471 Jerry Mashek Drive, West, Mclennan County, Texas. The facility will e.mit the following contaminants: particulate matter less than 10 microns In diameter.

This application was submitted to the TCEQ on November 14, 2006. The applications is available for viewing and copying at the TCEQ central office, the TCEQ Waco regional office and the West Public Library, 210 Tokio Road, West, Mclennan County, Texas. The facility's compliance file, if any exists, is available fOr public review in the Waco regiOnal office of the TCEQ.

The TCEQ executive director has determined the application Is administratively complete and wlll conduct a technical review of the application.

PUBLIC COMMENT/PUBLIC MEETING You may submit public comments, a request lor a public meeting, or request a contested case hearing to the Office, or 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 30 days after newspaper notice Is published. .

The purpose of a publlc meeting is to provide the opportunity to submit comments Or a'skquestions about the application. A public meeting about the application may be held If the executive director determines that there is a significant. degree of pub!lc interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

If only co!Tlments are received on the application, the response to comments, along with notice of the executive director's action on the application, will be mailed to everyone who submitted comments or is on the mailing list for this application.

If a hearing request is timely files, the executive director will complete the technical review, issue a prel!mlnary decision on the application, and a Notice of Application and Preliminary Decision will be published and mailed to those who are on the mailing list for this application. That notice will contain the fin'a\ deadline for submitting public com!Tlents.

After the final deadline for public comments following any required Notice of Application and Preliminary Decision, the executive director will consider the c_omments and prepare a response to all relevant and material, or significant public comments. 11 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 Is on a mailing list for this application.

QPE.OATUNITY 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 application. If no hearing request Is received within this 30·day period, no further opportunity for hearing will be provided. A contested case hearing will only be granted based on dispute'd issues of fact tl1at are relevant and material to the Commission's decision on the application. Further, the Commission will 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 facUlty Is entitled to request a hearing. If requesting a contested case hearing, you must submit the following: (1) your name (or tor 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 "[llwe] request a· contested case hearing"; (4) a· specific description or 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 faclllty.lf the request Is made by a group or an association, the one or more membersWI)o 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 application/permit which would satisfy your concerns.

If a hearing request is timely filed, additional notice may be provided. Following tl1e close of all applicable comment and request periods, the executive· director will forward the application and any requests for contested case hearing to the TCEQ Commissioners for tt1eir consideration at scheduled Commission meeting. 11 a hearing Is granted, the subject or a hearing will be limited to dispute 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 application mailed by the Offlce of the Chief Clerk bt sending a written request tO the TCEQ Office of the Chief Clerk at the address below.

INFORMATION Written public comments or requests for a public meeting or contested case hearing should be submitted to the Office of the Chief Clerk, MC~ 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For more information .about this permit application or the permitting process, please cS.U the Offlce of the Public Assistance, Toll Free, at 1-800-687~4040. 81 desea informacion en- Espanol, puede !lamar al 1-800·687-4040. General lnfoimation regardir'lg the TCEQ can be found at www.tceq.state.tx.us.

Further information may also be obtained from Adair Grain, Inc. dba West Fertilizer Company, P.O. Box 399, West, Texas 76691 or by calling Mr. Ted J. Uptmore, General Manager at (254) 826-5309.

Issuance Date: January 10, 2007

JAN-05-2007 04:33 PM WP-T FERTILIZER 2 54 1'-iiW, IUCIOOC WI.I.IIUIWIJ\iUM.U'.L Wl1 '\""'&''~~'I-ll"'"""'""""' ........ _..··------··· .. • 826 4325 P.02

aGilC!PWd co!llonl" tlnancln&, !LC(:Ounting prooodures. Tables, chllil;kli8tii,IIJid' permit$ a!(! avaJieble &om the Texas C'.()IIIQll§iOJI on Environment•! Qllality, www·tlv"''·!l!.!!tll·tx·"'ipg!D!ittip!!IJ!imprm-

jU1CO dooum~nlG pllii!Jnl.og to air quality Alt PorntiiS Division Web $lte at

I. DIRICTCOSTS [JOTACI U6.' Coat

A. A prottll 1111! control !liCJiliJ)nleltt 1\Qt pnviOIIIIIY owned by the appliCIIU lllld not CUI'I'\Intly authcri<ed under thia ehoj)tef $

8. ~- "'' · !Ins, p_~!'V'Inlnor_ ,$Ia~

to llllioi iicmi'Ji i.nd ·~ , .... ~,IIJidairl ,,_,...,

$

c. , .• l .... --'- s D. Site prepal'll'llon, lncl~dlng dt!DIOlltloD, cOIII!nn.ltioo of ~s. outdoor llgld;lng, rolld and

$ p8!1dng allllls

E. l'.nitllllatlou, intllldlng fbundlti!llli, metion of «UI)l10rtinll iiJUCtures, enclllSIIm at we-athl'll' Jlf'lll"ctioo, lnauhllion and JIGl!Ulns. utllllles lll!d cOIUiectlonJ. JII'OI'Ul inwamlloa. lll!d procees coliU'ol $

F. Auxll!ary bulldJni8, illGllldfngmaWrillls II!OrliSO, empleyee facillllee, and changes tutl<i!tling $ stru~;tW'IIs

0. Amblmtalr monllt:lrlriS network $

II. INDJUCJ' COSTS [30 TAC I Utl4l(v)(2)1 bttMIII!d -·Cost

A. Pinel 1 desiFIPid ~aion,llld admlniswtlve o~ $

9. ~~te, maludillg ~!<)II llalson, ltOOUI'bJi local huiklillll Plmllilll. construGI!OII fcllllitll, Md. $

C. Conli'actol"e ~e lllld. owrh!WI $

~ ~ s 0 II , ~··II. I ::J 8llll TIIXM w~ b~=z· 17ll, .. :::~~~:!-=. § 116.141 ta,ee~INII tc.i ilrlils~";;:J~Ii<!ve ~rc._uwmer :-."v • or kllowlngly makl!ls, or Clll1lllb!g to be lW.IIo • or 1

IIBII••tlld C.lllt.l COlli r.l'lllh AlllllkiiUOII Jil'ee

Lenthlll s 300,000 5.900 (lftiiiiiiiiUill fee) S\300,1100 to $::25.000,000 41.341% of eaplllll e0111 S300.000to s 7.-,oGO <fflooiter th•• s 15,1100.,0011 $711,000 (maxlllla• fee) Gm~ter tlia& s ?

PSRM.IT AI'PLICA'I"ION FBB (tom tllble IIbov~)- S~!!OQ..,..oloD!!fll!,.,..,. __ _ 'I'CllQ-Ioto~ ra .. i .. d M-I!.OOJ Tablol JO •llliltllnn Is !'or""-' by fMilldo! !Uili""' to> Air Now !Jo...,. Rovi<!w ponnlllellW...,..m IIIII mil!' ~I<Vii/:d, II\NijM(I9$A/'TM4..,~1

JISIWNDIIIIU.Iameat Aenfil,fttio;lll Fill

13,000 (mlnlmurilf'oo)

to-A. of eapitaJ ~m

S7.S.IHIO lmllllhllulll flllel

Date: 1/Q!§/07

I

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JAN-05-2007 04:33PM WF"T FERTILIZER

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DATE, TIME FAX NO ./NA~1E DURATION PAGE(S) RESULT MODE

TRANSMISSION VERIFICATIOIJ REPORT·,

02/25 23: 28 913513581513 00:01:30 05 OK STANDARD ECM

TIME : 02/25/2007 23:29 NAME : TCEQ FAX : 5122391400 TEL : 5122392384 SER.H : BROL5J557558

FAX TRANSMITTAL .DATE: 2!2712007 NUMBER OF PAGES {including this cover sheet}: 6

Protootlng r.... TO: by Rec;fuclng and

Preventing P<>Mo• Name

Organization

FAXNmnber

Mr. Ted Uptmore and Mt. Joe Henry Hanua

West Fertilizer Co.rnpany and Triangle lnsurance Y -::,a "5

254-826-~

361-358-1513

FROM: TEXAS COMMlSSION ON ENVIRONMENTAL QUALITY

Name Ms. Faith Melgaard

Division/Region. Office of Permitting, Remediation, and Registration, Air Permits Division

Telephone Nutnber 512-239-0266

FAX Nutnber 5!2-239-1400

DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE

DATE:

PIQf~fil'lg Texas TO: by RMucing 1.ilnd Ptaven~lng Pcllurlon

FROM:


02/25 23:25 912548254325 00:01:27 05 OK STANDARD ECM

TIME NAME FAX TEL SER.#

02/25/2007 23:27 TCEQ 5122391400 5122392384 BROL5J557558

FAX TRANSMITTAL 2/27/2007 NUMBER OF PAGES (including this cover sheot}:

Name Mr. Ted Uptmorc and Mr. Joe Henry Hanus

Organization West Fmilizer Company and Triangle Insurance y3a":S

FAX Number 254-826-~

361-358-1513

TEXAS COMMISSION ON ENVIRONMENTAL QUALTrY

Nam.e Ms. Faith Melgaard

Division/Region Office ofPel1llitti.ng, Remediation, and Registration, Air Pennits Division

Telephone Number 512-239-0266

FAXNumber 512-239-1400

6

1/3 1547720143 TCEQWACO

08:5:J·r:-1 a.m. 02-28-2007

Prolecting Texas by Reducing and

Preventing Pollullon

FAX TRANSMITTAL DATE:

TO:

February 28, 2007

Name

Organization

FP\){ Number

NUMBER OF PAGES (including this cover sheet): GJ Faith Melgarrd

Air permits Division

512-.239·1300


Name ~J~a~c~k~B~a~ile~yL-------------------------------Divlsion/Region _R'-"e,..9o.:;io~n.:..0~9::..... _______________________ _

Telephone Number -=25"-4'-·'-'76'"'1'"'-3:..:0:::2"""8 _________________________ _

FAXNumber -=2M~-7~7=2~-9=24.:..;1~-------------------------

NOTES:

Request for Comments· Draft Condition- West Fertilizer Plant, West, McLennan CountyPermit No. 80404.

Thanks Jack Bailey

1

254 772 0143 TCEQWACO os·l:""'·roa.m. 02-28-2007 2/3

Request for Comments·· Draft Conditions TCEQ -- Air Permits Division

Phone: (512)239-1250 Fax: (512)239-1300

Mailing Address: TCEQ, Air Permits, P.O. Box 13087, Austin, TX 78711-3087

TO: Region: 9 City: West Cow:ty: Mclennan Account No.: MB-0145-S

Submitted by: Ms. Faith Melgaard E-Mail ID: FMelgaar Phone: (512) 239-0266

Date Request Submitted: February 27, 2007

Comments Deadline: March 19,2007

For deadlines less than 21 days Section Manager approval is'required.

Date Application Received by TCEQ in Austin: November 14,2006

REGIONAL OFFICES: Please retwn comments ASAP, but no later than the comments deadline which is 21 days from the submittal date. Pemlit disposition will proceed after comments are received or after the comments deadline has passed. Pemlit Reviewer may request faster response if needed.

LOCAL PROGRAMS: The company below has submitted an application for the project referenced below in accordance with regulations of the TCEQ. Please return comments ASAP, but no later than the conunents deadline which is 21 days from the submittal date. Pemlit disposition will proceed after conunents sre received or after the comments deadline has passed. Pemlit Reviewer may request faster response if needed. If no comments are received within this time frame, we will asswne you have no comments or objections to the project as proposed. Please return a complete copy of the form (both sides) with your comments,

PROJECT TYPE: New Permit

PROJECTNO.: 125836

PERMITNO.: 80404

COMPANY NAME: West Fertilizer Company

PLANT NAME: West Fertilizer

LOCATION: 1471 jerry mashek drive

UNIT NAME: Dry Fertilizer Plant

TECHNICAL CONTACT: Ted J Uptmore

OPERATING SCHEDULE: Continuous?

Hours/Day __

Engineer1s Connnents:

Days/Week_

Attachments: MAERT, Draft Conditions

REGULATED ENTITY NO.: RN100985407

CUSTOMER REFERENCE NO.: CN603129412

COUNTY: Mclennan

PHONE: (254) 826-5309

Weeks/Year Night Operation? __

254 772 0143 TCEQWACO

TO: Ms. Faith Melgaard, Austin

Request for Comments- Draft Permit RESPONSE

os· r,.· 18 a.m. 02-28-2007

FROM: Region: 9 City: West Cmmty: Mclennan Account No.: MB-0145-S

Copy of Application Received by your· Office: j YES _NO Date Received: ) I } I 1 / 0 ~

COMPANY NAME: West Fertilize•· Company

PERMIT NO.: 80404

REGULATED ENTITY NO: RN100985407

I 7

PROJECT NO.: 125836

Investigator's/Compliance Officer's Name (Please Print): _ _,-J'-~'---'~"--(!;=c..A.!..Lrt..;..::...::f.__Y __________ _

Phone: d.5 cf 7 <P I S !).);) L. Comments Deadline (from pg. I): March 19, 2007

Date of Last Site Visit: ( /1 <p /q 7 · I I .

COMMENTS ON CONDITIONS: (Please mark up draft special conditions with your comments. Please address applicability and enforceability. List any additional conditions below):

Compliance Detennination Conditions: __ (,_,..,-'-()"'-"O'".iJ"'------------------ __ _

Operational Limitations: _ ___.Q~kt."'---------------------------

GENERALCOMMENTS:: ~PJ~~O~rV~~~~·--------------------------

PERMIT ISSUANCE:

If you have any objections to issuance, please note them here:

3/3

~AR-02-2007 03:07 PM 1-~~sT FERTILIZER '

254 126 4325

FACSIMILE TRANSMISSION

DATE 3 -,~ ~ (J?

TO lC r; cf)

FROM: WEST FERTILIZER CO. P.O. BOX399 ~ST, TX 76691

TillS TRANSl\.:flSSION OF j PAGES INCLUDING TillS COVER SHEET. PLEASE CALL (254) 8~6-5309 IF THERE IS A PROBLEM.

P.01

MAR-02-2007 03:07 PM WFqT FERTILIZER 254 .. -- -~ ,..,. ,. .............. , .... .,.uu~V.L 'I Vl '1' llJ.L" V l.K,U1~!V.l.l£.f"'

Pnb.lic Notice Verification Fo1 Air Permit

Applicant Name: Adair Grai11, Inc. dba West Fertilizer Company

Site or Facility Name: West Fertillzet Company

826 4325 P.02

.L QUAU'rY

TCEQ Account Number (if applicable): ,.,M,.B~·Oul.:;t4:<.:5.:>1S'---~----- Permit N11mber: _,8"'024,.,04"'------

Regulated En tHy Number: -'RN~,_,J 0"-'0<:?.9£8.:.54n0'-'7----·~-~ Customer N\m1ber:. _,c..,N=60<.:3ul.f.2~94:tJ1~.«2"--------

All applicants must complete all applicable portions of this form. The completed fo1111 should be sent to. the TCEQ to the atte11tim1 of the Office of the Chief Clerk, For more information regarding public notice refer to tl1e instructions in the

Person

""·

Applicant: 1",<6 tJ

Date: .3 •:l. -o

TCEQ l0lo4-AII' (RC\'. 05106)

MAR-02-2007 03:08 PM WE 0 T FERTILIZER

March l, 2007

TCEQ Ms. Faith Melgard Office of Permitting, Remediation, and Registration, Air Permits Division

Re: Permit Application Permit Number 80404 Dry Fertiliz~r Plant West, McLennan County Regulated Entity Number: RW100985407 cuatomer Refrence Number: CN603129412

Dear Ms. Faith Melgard,

254 '326 4325

We accept the Special Conditions of the final draft of our air permit applications.

Enclosed is also our Public Notice Vtirification Form.

Ted J, Uptmore

P.03

.OCC# ___ _ TEXAS COMMISSION ON ENVillONMENTAL QUALITY crcEQuseo~elyl

Public Notice Verification Form Air Permit r•

Applicant Name: Adair Grain, Inc. dba West Fertilizer Com an

Site or Facility Name: West Fertilizer Com an

TCEQ Account Number (if applicable): ..oMB=_,-0'"'1""4ce5-_,S,___ _______ Permit Number: -"8"'0"'4"'04:r___ _____ _

Regulated Entity Number: -"RN~"'-1 0"'0""9"'8'-"5:::!4-"-07'--------- Customer Number: __,C,N=60,_,3011'"'2"'9:-:4"-"12"--------

ONO in accordance ONO

Notice of Receipt of Application and Intent to Obtain Permit I verify that a copy of the complete air quality application, and any revisions, were available for review and copying at the public place indicated below throughout the duration of the public cmmnent period. g) YES 0 NO ·

Notice of Application ancl Preliminary Decision (2"' Notice, if applicable): I verify tl1at a copy ofthe complete air quality application and draft permit, and any revisions, are available for review and copying at the public place indicated below from tl1e first day after newspaper publication; and

I also verify that the air quality application and draft pemrit, and any revisions, will remain in the designated public place until either:

1) the TCEQ acts on the application; or 2) the application is referred to the State Office of Administrative Hearings (SOAR) for hearing.

i!1.YES

Signed by:

Title:

oftheTCEQ.

~YES ONO

I verify tl1at original tear sheets of the newspaper have been in accordance DNO

a copy of the complete air quality application and draft permit, and any revisions, were available for review and copying at the public place indicated below throughout the duration of the public comment period.

Title:

FEB 2 L 200"1 R!;Ct:.IVED

J'agc 10 uf2

I

01(10(2007 15:45 1300 PAGE 15118

TCEQ • Office of t])e Chid Clerk MC-105 Attn: Notice Team P .0. Box 1308 7 Austin, Texas 78711-3087

Applicant Name: Adair Grain, Inc.

Permit No.: 80404

Notice oflntent to Obtain Permit

STATE OF TEXAS ALTERNATIVE LANGUAGE AFFJDA VIT OF PUBLICATION

§

COUNTY OF q Q. le~l'l 1'\0._ n ~ Before .me, the undersigned authority, on this day p<:>rsonaJ!y appeared

'( Y L \.) rtCK_ e.k' , who being by me duly sworn,

deposes and says that (s)IW is the (title of nevt'8paper r~presentative)

of the ______ L...::.,.:_h_,c::::.--=...W-=:,..::.z..,;c.:s;;::.:·f,_-...,...:..t-J..:::o::.flvJ=' =...,.;::5 ____ _ ; that said newspaper is generally (name ojn.ewspaper)

circulated in __ W..::....;...::~..;:.~..:...· +.' ~i'--=i...,.9...,; .. (=.£..J::;:;:...;":.;,~"..:...1 a..;, . ..:..h..!.-@,~+--.,..c -"){:.....,.;.---;-;:-..,.,--,----'~(in fhe municipality or thlil same coin.ty as the proposed facility)

that the attached notice was published in said newspaper on the foHowing date(s):

, Texas

Subscribed and sworn. to before me thi.s tl1e -!..=_u

witnoss .my hand and seal of office. ,J,J6ftAP('4, 20 0 Po cettify which

r«eal\

® SUE M. PESCAIA NOTARY PUBLIC STATE OF TEXAs

My Commission Expires 12·23·2010

~w~(;;;~~~ Print or Type Name of Notary Public

My Commission Expires l3 be <--- I D

FAX TRANSMirfTAL

DATE: 2/27/2007 NUMBER OF PAGES {l'nc!uding this cover sheet}: 6

Protecting Texas TO: by Reducing and


Name

Organization

FAX Number

Mr. Ted Uptmore and Mr. Joe Hemy Hanus

West Fertilizer Company and Triangle Insurance ~--1 3a_~

254-826-'5:1'tl<;l

361-358-1513


Name

Division/Region

Ms. Faith Melgaard

Office of Permitting, Remediation, and Registration, Air Permits Division

Telephone Number 512-239-0266

FAX Number 512-239-1400

Kathleen Hartnett White, Chairman

Larry R. Soward, Commissioner

Glenn Shankle, Executive Director

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution

Mr. Ted J Uptmore General Manager West Fertilizer Company PO Box 399 West, Texas 76691

Re: Permit Application Permit Number: 80404 Dry Fertilizer Plant West, Mclennan County Regulated Entity Number: RNl 00985407 Customer Reference Number: CN603129412

Dear Mr. Uptmore:

I expect to recommend the issuance of the above-referenced permit in the near future. When issued, the permit will contain conditions and a maximum allowable emission rates table. A draft copy of the proposed conditions and maximum allowable emission rates table is enclosed for your review.

Also, when the permit is issued, General Condition No. 2 of the permit will state: "This permit is automatically void upon the occurrence of any of the following: (a) failure to begin construction within 18 months of the date of issuance; (b) discontinuance of construction for a period of 18 consecutive months or more; or (c) failure to complete construction within a reasonable time." In order for the permit to be extended beyond 18 months, a notification

requesting such extension must be received by this agency prior to the automatic void date of the permit.

If you have comments or questions concerning the conditions, please let me know as soon as practicable to avoid delay. if I do not receive comments from you within 30 days from the date of this notification your application may be voided.

Following a voidance, the permit fee will be retained for 180 days. If you still wish to pursue the project following the voidance, you will need to submit a new Form PI-1 and an entirely new application. The new application will be subject to the state and federal rules and regulations in place at the time of submittal, i.e., we will review state and federal applicability (best available control teclmology, netting, offsets, etc.). You may be required to republish if public notice was

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us printed on recycled papt~r using soy-based ink

Mr. Ted J Uptmore Page3

Re: Permit Number 80404

required in the original application. Additional fees need not be submitted with the new application ifthe project scope has not increased and the original fee was correct.

Thauk you for your cooperation in this matter. If you have any questions, please call me at (512) 239-0266, or write to the Texas Commission on Environmental Quality, Office of Pennitting, Remediation, and Registration, Air Permits Division (MC-163), P.O. Box 13087, Austin TX 78711-3087.

Sincerely;

Faith Melgaard Mechanical I Agricultural New Source Review Permit Section Air Permits Division Texas Commission on Environmental Quality

FMI

Enclosure

cc: Air Section Manager, Region 9- Waco

Project Number: 125836

SPECIAL CONDITIONS

Permit No. 80404

EMISSION LIMITATIONS

1. This permit covers only those sources of emission listed in th "Emission Sources- Maximum Allowable Emission tes." facilities shall not exceed the values stated on the ax· urn a! (MAERT).

OPERATIONAL AND WORK PRACTICE REPRE

2. Emission rates for the facility are based on and th

3.

Source Name

Receiving Operations

Handling/Mixing Operations

Loadout Operations

A.

c.

Maximum Hourly Throughput (Tons)

25

4,771

4,771

s ithout prior approval by the Texas

s ugers, drop spouts, etc.) shall be equipped with drop socks at inimize fugitive emissions from loadout areas.

raw products, finished products, or waste products shall be cleaned up

E. AI~ ant roads, truck loading and unloading areas, parking areas, and other traffic areas shall be sprinkled with water, and/or be treated with effective dust suppressant(s), and/or be paved (with a cohesive hard surface) and cleaned as necessary to maintain compliance with all TCEQ rules and regulations.

~<ZlJDliDKEEPING REQUIREMENTS

4. Records of annual throughputs shall be maintained at this facility and made available at the request of personnel from the TCEQ or any other air pollution control program having jurisdiction to demonstrate compliance with annual throughput limitations. These records shall be retained for a rolling 24-month period.

EMISSION SOURCES- MAXIMUM ALLOWABLE EMISSION RATES

Permit No. 80404

property covered by this permit. The emission rates shown are those der'ved fr of the application for permit and are the maximum rates allowed for faci emission rates may require an application for a modification of the f ci · res co

Emission Source Point No. 1 Name 2

1 Receiving Operations

2&3 Handling/Mixing Operations

4 Truck Loadout Baghouse

(1) Emission point identification - either specific e · men plan.

(2) Specific point source name. For fugitive s (3) PM - particulate matter, suspended in

PM 10 - particulate matte ual to or s be assumed th no p ticul e

* Refer to Special Condition o. 2

crease in

Emrssion Rates * lb/hr TPY

0.05 <0.01

0.70 0.05

0.20 0.05

-------~A_d_~_,( __ (_·~_tc_"_0_,_J_n_(_._·~-----------------L· . ·---------------~---T'eflYit\ N,, '{,uLIO'--(

Adair Grain Hourly EPN Thruput (tons/hr) E Factor (lb/ton) Efficiency Rate

1 25 0.02 0.1 0.05 2 25 0.02 IQI!I 3 10 0.02 ,~ ,Q,oolo ... 4 10 0.02 0,1 .,,c>'L. ~

Annual EPN Thruput (tpy) E Factor (lbs/ton) Efficiency Rate

1 4771 0.02 0.1 0.004771 2 4771 0.02 1 (M1 .g, .

,u 3 4771 0.02 'tl. • 4 4771 0.02 o.1 8.84771

Untitleds

Compliance History

Regulated Entity Number: RN100985407

Name: WEST FERTILIZER Classification:

Rating: Publication Date:

Customer Number: CN603129412

Name: Adair Grain, Inc. Classification:

Rating: Publication Date:

Repeat Violator Ind:

Compliance H~~7'"'b..,.1/..,.14.,..../2_Q_0_6"""] End: [1~1~/?001 J IIJ

Enforcement Actions

Type Effective Date Violations

Citation/Requirement Provision II Abbv. Description

Criminal Convictions

Page 1 of2

II Classification

. . I Number of II Violations I ConvictiOn Date · I Felonies II Misdemeanors II Citation/Requirement Provision II Abbv. Description II Classification I

Chronic Excessive Emissions Events

II Start Date II

Investigations

I Date II Type I 09/22/2006

Compliance Investigation

11/02/2006 Compliance Invest File Review

Notices of Violation

http :1/ntispprd/reporting/RE _ Reporting/Index.cfm ?fllseaction=re _ cmpln _ history&comman... 2/16/2007

Untitleds Page 2 of2

~~Status I Citation/Requirement Abbv. Description Classification Self Provision Reported

IRESOLVEDI 30 TAC Chapter 116,

Fail me to obtain a permit

I MODERATE IG 06/21/2006 or qualify for a permit by SubChapter B 116.11 0( a)

m1e.

Environmental Audits

I Disclosure Of Violation I Notice of Audit Date a~ Violations

e I Classification II Citation/Requirement Provision

Environmental Management Systems

I Type IB Date of Certification

Voluntary On-Site Compliance Assessments

II Date II

Voluntary Pollution Reduction Programs

Name 1/ Level I

Early Compliance

Implementation Date

Start Date of Participation

II Date II Description 1\

I II Abbv. Description I

http://ntispprd/reporting/RE _ Reporting!Index.cfm?fuseaction=re _ cmpln _ history&comman... 2/16/2007

ANNUAL EMISSIONS

EMISSION TONS-TIONS HOUR I EMISSION I EMISSION I LBS.HOUR YEAR I LOADOI,_JI_ ' FACTOR AMOUNT . TPY

PM tO ANNUAL-RECtoMNG --r . NIA 4771 i NIA 0.2 ! 0.1 0.04771 ---------i

PM tO ANNUAl-MlXlNG AND HANDLING -+- NJA 9542 NIA ----!-. o.u;:; 0.09542

I PM1Ci-LOADOUT T 0.4 4771 20 ; ' 0 ! 0.04771 i

"' "' ..... >-' w ..... "' "' "' .._,

>-'

"' "' ,ro

"' (Jl en (Jl

en (Jl w

"' (Jl ro

""[] Al D

~ ~ "' ~ z

1'1 1ii

"' "'

02/13/2007 15:28 9555553~.J PROGESO COOP GI! '

Joe Henry Hanus Safety and Compliance Specialist

Triangle Insurance 361-319-5378

To: Clint Henrv

From: Joe Henry Hanus

PAGE 01

Subject: Annual Emissions points for Adair Grain. Inc. DBA West . Fertilizer Company of West Texas

Comment: Thanks for your patience and if you need anything else please calL

Sincerely Joe Henry Hanus Triangle Insurance

254 772 0143 TCEQWACO 11:1r --,a.m. 01-16-2007 1 /4

Prot~ting Texas by Reducing and

Preventing PollutiOn

FAX TRANSMITTAL DATE:

TO:

January 16,2007

Name

Organization

FAX Number

NUMBER OF PAGES (including this cover sheet): W Ms. Stephanie Howell

TCEQ Air Permits

512-239-1300


Name ~J~a~c~k~B~a~il~eyL---------------------------------Oivision/Reglon _Ro.:e;::.;9..:i;;;.o:.:.n.=0;;;.9 ________________________ _

Telephone Number -=25=-4;..;·;..;76:.:1...:-3:.:0:::;2::.8 ------------------

FAX Number -=25~4~-7~7:::;2~~24;..;1 __________________ ~--------

NOTES:

Request for Comment- Site Review. for West Fertilizer (Permit# 80404)

I

254 772 0143 TCEQWACO 11:'" "'.a.m. 01-16-2007 214

Request for Comments-- Site Review TCEQ --Air Permits Division

Phone: (512) 239-1250 Fax: (512) 239-1300

Submitted by: Air Permits Initial Review Team

TO: Region: 9 City: West County: Mclennan

Date Request Submitted: 01/09/2007

Comments Deadline is 21 calendar days from the Date Request Submitted.

Date Application Received by Air Permit Initial Review Team: November 14, 2006

REGIONAL OFFICES: Please return comments to the appropriate Permitting Team Leader indicated on the bottom of this page ASAP, but no later than the comments deadline which is 21 calendar days from the submittal date. Permit disposition will proceed after comments are received or after the comments deadline has passed. Engineer may request faster response if needed.

PERIVIIT TYPE:

X Construction Amendment Revision

Renewal Renewal Abbreviated Review Other

Project No.: 125836 _j PERMIT No.: 80404

TCEQ Account No (if applicable).: MB-0145-S

Regulated Entity No.: RN100985407 J Customer No.: CN603129412

Company Name: Adak Grain Inc

Plant Name: West Fertilizer City: West County: McLennan

Location: 1471 Jerry Mashek Drive

Unit Name: Bulk Dry Fertilizer Plant

Technical Contact: Ted J Uptmore Phone: (254) 826-5309

Locnl Program Applicable?: Yes:, No Local Programs:

254 772 0143 TCEQWACO 11·' 'a.m. 01-16-2007 3/4

Request for Comments-- Site Review RESPONSE

PLEASE SEND COMMENTS TO THE PERSON IDENTIFIED BELOW. (To avoid delays, ,!!lease do not send this back to the Air Permits Initial .Review Team.):

To: Stephanie Howell- Air Pennits Division· Austin (MIA) E-Mail: showell Phone: (512) 239-1560 X

To: Mike Gould- Air Permits Division- Austin (M/C) E-Mail: mgould Phone: (512) 239-1097

To: Erik Hendrickson· Air Permits Division· Austin (Comb) E-Mail: ehendric Phone: (512) 239-1095

To: Mike Coldiron- Air Petmits Division· Austin (Coat) E-Mail: mcoldiro Phone: (512) 239-5027

To: Dana Vermillion- Air Permits Division· Austin (Chern) E-Mail : dpoppa Phone: (512) 239-1280

To: I E-Mail: Phone: Fax:(512) 239-1300

FROM: Region: 9 City: West County: Mclennan

Compliance: Legal:

Copy of Application Received by your Office: I YES_ NO

Date Received: 1 ), )o y, PERMIT No. 80404 PROJECT No. 125836

TCEQ ACCOUNT NUMBER: MB-0145-S .

Company Name: Adair Grain Inc

lnvestigator's/Compliance Officer's Name (Please Print): JAIUI< Bt:ti ... ~Y Organization /Qk:O A'9 F'oo Phone: /~1 ~ o,.,. ~

Comments Deadline: 1 /.;c~ L o 1

Date of Last Site Visit: ~~~o)c~ SITE INFORMATION:

Nuisance/Odor Potential: L Low _Moderate _High

Hazard Potential: /Low _Moderate _High

Surrounding Land Use: 1\~SJ.Dt<\iTIAl.. + rr.~ M

School within 3,000 feet? {_Yes _No Tv;()

Distance to Nearest Off-Property Receptor: ~,t,"a F-r (._rvOI\'""•fJ Receptor Type: School ,,/Residence Other

Distance from unit to nearest property line: ;~orr (s-otJr1( J Describe area surrounding nearest receptor: {ts us;. <li'>ll~ -- fWr.:•v.

254 772 0143 TCEQWACO 11:11; "9a.m. 01-16-2007 4/4

NOV INFORMATION (concerning affected process unit):

Type of Site: j Existing _ Similar in Texas _ Similar in U.S.

NOV Issued? 2(No _Yes Date:

Type of Violation:

Please provide any information the permit engineer needs conceming the current NOV status

Summarize any recent complaints related to this facility:

Recommendation based on Compliance History: (*For Compliance Use Only)

( :E"roceed with Permit Rev~dditional Provisions Deny Permit

SITE REVIEW:

In light of the proximity of sensitive receptors and the surrounding land use, please discuss any concerns you have concerning a facility of this type locating at the proposed site.



01/29 13:17 912548254325 00:01:11 03 OK STANDARD ECM

TIME NAME FAX TEL So:R.#

01/29/2007 13:18 TCEQ APD 512-239-5525

000M5J283435

FAX TRANSMITTAL

-TCEQ Proteding Ta~s by Reducing .and

Preventing Pollu~an

DATE:

TO:

January 29, 2007

Name

Organization

FAX Number

NUMBER OF PAGES (including this cover sheet): W

Adair Grain lne

(254) 826·4325


NOTES:

Name

Division/Region

Telephone Number

FAX Number

Mr. Clinton W. Henry


(512} 239·1169

(512) 239-1300

!his fax contains missing p01ges from the public notice package {Example A). If you have any questions please contact me.

Thank you Clinton W. Henry e-mail: [email protected]

Protecting Texas by Reducing and


FAX TRANSMITTAL DATE: January 29, 2007 NUMBER OF PAGES (including this cover sheet): w TO: Name Mr. Ted J Uptmore

Organization Adair Grain Inc

FAX Number (254) 826-4325


NOTES:

Name

Division/Region

Telephone Number

FAX Number

Mr. Clinton W. Henry


(512) 239-1169

(512) 239-1300

This fax contains missing pages from the public notice package (Example A). If you have any questions please contact me.

Thank you Clinton W. Henry e-mail: [email protected]

,. . ..,1 • I / ·-·yi' ;··;· " / :/ '

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Public Notice Verification Form

Air Permit

NEW SOURCE REVIEW PERMIT NOTIC)ll

I verify that the required signs (for 1"' notice) were posted in accordance\\ TCEQ.

I verify that original tear sheets of the newspaper notices and the requeste1

zrm rw 20 P!1 3: 33

with the regulations and instructions oftl1e TCEQ. ...., "Lu

Notice of Receipt of Application and Intent to Obtain .Permit (1 ''Notice): I verify that a copy of the complete air quality application, and any revisions, were available for review and copying at the public place indicated below throughout the duration of the public comment period. )!l) YES 0 NO ·

Notice of Application and Preliminary Decision (2'"1 Notice, if applicable): I verify that a copy of the complete air quality application and draft permit, and any revisions, are available for review and copying at the public place indicated below from the first day after newspaper publication; and

I also verify that the air quality application and draft permit, and any revisions, will remain in the designated public place until either:

1) the TCEQ acts on tl1e application; or 2) the application is referTed to the State Office of Administrative Hearings (SOAH) for hearing.

~YES

Signed by:

Title:

.. -·····.·,· ···-··--·········,-• __ .·,···-··_·,· ~·---·· _· ·. I verify that the required signs were posted in accordance witl1 the regulations and instructions of the TCEQ.

~YES ONO

I verify that original tear sheets of the newspaper nobces and the requested affidavits have been furnished in accordance with the regulations and instruction of the TCEQ. 11::! YES 0 NO I verify that a copy ofthe complete air quality application at~d draft permit, and any revisions, were available for review and copying at the public place indicated below throughout the duration ofthe public comment period.

lf-c-c----c-c-:-=--~:-:-o:c--c:c--~ ('I I? YES 0 NO

-~~::da:~: &£J' ftcWt~~ c~IO JJ..;~ l~j/.1.91 Trtle: )L~ _. . . . _ j D-ate: d./ J~ /o 9 _

TCEQ 20244~Air (Rev. 05/06) Pagc16of2

D1/.10/2007 15:45 1300

TCEQ • Office of tbe Chief Clerk MC-105 Attn; Notice Team P.O. Box 13087 Austin, Texas 78711-3087

STATE OF TEXAS

COTJNTYOF

)

Applicant N~me: Adair Groin, 11\c.

Permit No.: 80404 Notice of Intent to Obtain Permit

Before me, the undersi.gn.ed authority, on this day p<:>rsonaJly appeared

r:3 "~ ..,, !B ~y

<::.)

\fll w w

PAGE 15/18

~ncx_ .. eV , who being by me duly swom, er representative)

deposes and says that (s)l~ is the (title of newspaper rapresentative)

of the 1h:::.J.AJ .. ~-r- t\Jfl...u.J 5 ------------~--~----~~~~~~~-----------

; that said newspaper is generally (name ofnewspaper)

circulated .in f--{S:(..e-t'1na. h Gt, n --~-----(i7.m-/~fe-m~u~ni~c7tp~a~l!~.~~or~M~e~s~a-m~e~c~o~u-n7~~a~s-t~h-e-p-ro_p_o_s_ed~fi~a~c~il~iry~)--~-----

. ./

, Texas

that the attached notice was published in said IJ.ewspaper on the following date(s):

'g' j-__,__.P:Jr~-

Subscribed and sworn. to befor~ me this the -'-~-_ witness my hand and sea.! of office.

0 {:to ce.rti:fy which

(S_eaJ)

® SUE M. PESCAIA NOTARY PUBLic STATE OF TEXAs

My Commission Expires 12·23-2010 Print or Type Na:n1e of Notary Public

My Commission Expires l3 be c..- I D

' '

··. ')':,T!J~ .w~~tNf.ws,. ~ T~l!~s~ay, Fllbruacy $~ 20o'7 ' ' • ' -_ ' ' ""'-'- "' < • .~- ' ' ' - ' ' - : ' • - ' ' '

... NOTICE O'F. RECEIP'l'QF.·APPLiCAJid~ AND·INT~NT TO OBTAIN AlftPERMit·· . · .... · ....• ·. '·~ " .· ... , .....• ' ·· PRQPOS~b AIR 'OUAL.I'l'Y pgf'IMI'f NO. 66404 ' ·. ·. · .. ·· ·.. ' "·;,_·;:-·-.·-~--- ._,_:/i•l.J,_. __ .,_.''•:.·:.'':'.i ,;·<::":~~-- -_:··._- ··_,_:·:_.- _· _._,_ .,,-__ >·,~---·---._-·' :. '· ·. __ :-··- ! ·.- -'·· _:::,:--:\

... APPLICATION Adair Gr~tn, Inc •. dba West F,ertlilzer Company has applied to the l'exasC~mmlsston on t;nvlrO~!flental Ou~llty ('r~~Q) for Issuance of AlrOualltt Pem\11 No. 80<\04, \'lhlch would authorize continued operation· of the Bulk Ory Fe.rtUizer P(aOl,

,ti:lo~ted at.1471 Jerry Mashek Dfive, West, McLennM coyn\Y.· Texas, 1he fa~lllty wtll qmltthe following contaminants: ~arltcut~t~

•. ril~~~~~;p~c~it~~:~~~~~~~t~~~~~;:rcea on Novein~er t 4, 2ooa. The apptt~tton~ ts available fo;vlewtng and ~op~tng attR; • :roEO central office, the TCEQ waco regional office and me WestPUbllc Li~rary, 210 Tokt.o.Road,West{MoLennan Ocynty, Te~~\ .'!);lie faclllty'.s cqmpllance,flle; If any exists, Is available for r,ubl!c review tn thO Waco regional off1M otthe TCEQ; . . . . > • ; .·• , Jlla TCEQ .execvttv~ director' has determined lheappl cation is 0dmtnlstrettVely,comptete and Will conduct a technic'!! r&vl~)'/ • . 'o! t~e application. . . ·. . . . · . . . . . . · .. · • · · ·' ..... , ' · .· . , .••. >

. PUBLIC COMMENT/P\IBLfC MEEl!NG . You may submit pubffc com mente; a request for a pUblic meeting, o~ reqllesl f · contested elise hearing to lhe Office of lJle Chief Clerk at tho address .below. The TCEQ will consider ait·publlo comment$·tli · · developing a !lnai,dectston on the appll~atior. The deadline to submit public c~minen!S.ts3.0 dan a"er ~ewepaP:Or '"'1tC,If pu.bllshed.. . . , · . • · ·... •. . · . . . ·.· . . · .... ·. · .. ,· ·• ... •. • .· · ... • .·, .

. . · .. The purpose of a public meeting Is \0 prbvide the opportunity to submit commeriisor ask questions apout the application. A pu~i!b , m~~]lnQ abdut the appllcait0nmay, be held If the,executtv~ dti'eotor deterll'\lnes.tpat there Is a stgolfi0ant degreel)tpubtic Inter~~~ . tn)H.~ application .or .If reguestect by alooattegtslator. A public me~ttng Is not a contested case heMrg. , . ·.. . .. . · , ;;~i'

II: only comments are received on the ~pplloation, the res,ponse to oom!ilents, atongwlth notice of:lhl! e.xeoutlve dtrecto~s aotlbh'.• on the application, will be matted to everyone who submitted comments or Is ·on the mallihg lislfor this application. . ' ?,

. If aheartnQ.raquest Is timely flies', the executive director will complete the technicatrovtew, ts.sue a prellmtnary.declslon oil th'9: · ~pplt'oatlon, and a Noitc~of Appltgatio~ a~p Preliminary oeot.ston will. bO publishe~ "ono !11ailed to. t~ose,!'!hO are on the malllnSf!t~~ lqr Jhls applloat1on. That riolll)l) wJii ·conlatn the final deadline for submitting publ)o commenjs; · . . . . . . .· . • . •·,. ·oc

. .. Alter ihe It nat deadline. lor public comments following any.requtrld N()ll~ of A~plloetlon and Prell,mtnary Ptiolaton,"l~'; :•,~(!llutlve ~~rec~or wlll,con~lder,the comm•nt~ ~nd pr<!~are .a. r<!Bponse to all t~leya.n.t an~ m~tert•l; 11r significant pu~ll!t ~omnlenta. II comments are received; the resPQnse tO ·comments; along .with tile executiVe dt~Qr'o decision on wr appiloatton, will then be \na!led to evetyonoi who submtite~ pub'tiii comments ~lis oil li rnalll~g'llst lor this appttcatlo~' •

QPPORTUNltY FOR A CONTE$TEll CASE HEARING You may request' contested case hearing. A contested ~asf •,h,~f\ttng Is a legal proceeding slmUar to a clviltrtattn state diWict coprt. Unte~s a 'llrtllen.req~est for a oontest~d 9~seheartn(ll~:(!!~~{ W1!~tn 90 days from this notice. the ex.ecuttve dlrectot may approve me application. If no ~eartng r&que•t Ia recelvad wlthtn .. tnl~:

: ·a~•day porto~; .no..futtner.oppoitunlty lor, hearing Wf!t bi! pro~lded, A conteste'd·case hearing, will only be grante~ based':~(i; '. ~[~puted lssue.s.ol fact lhat.ar.e retevam and ')\alert a) to the. Commt.s~lon's ~eclslon or the appllcatl~n, Further, the CoinmtsslonV/liU •: o(il~ grant a hearing on thos~ ls.sues raised during the publlcco!l1ment PeriOd and not'VIthdtawn. . . . · ..• · . .•·. · · . · ·, o '" :»:A polsori who m~y tie attected·by emtl>atMsli! ati con.tamlnants from th~ facility ts .entttled to request a nearth!ii'·li' (~~)le~ting a cont~st~~ .call!ihtlarlng; you must'su~iiilt the ~qu6wrng: (1) y.our na111e (or tor a ~roup oi •*•o~ti>tton, ari otMiih

··t~P.re.i!an!at.lve), mautngaildresil, \la~ttme phonen\lmber an(!.fax num~r,lf. aM; (2). apptlcant'ii name and p~~rmtt. riunlbi!fl' .>C~h!M'statem•nt "I~ I tequesf•a .cciil!&ated. ilaae•he,llrlng"; (4) :a, sf!e9ilic descrtptlon ,ol N•IV y~(l would be advel'll~!~:. ~Mt~cted by t~e op~llcatlon,and all. emtssjons from'the facility In a \YaY not common !Oihe g~neratpubllc; (5) the toc~t(~; and, dlsta~ce .of yo~r property relative to thetaoll!ty; and (6)·a description 01 hOw Y.ou """ the ptqperty Which may 1!.8' lm~acied t>~th' f.acfi!ty.lf me request t.s. made bY a 9n>~P 9r all asa.ocfat10n, the on~ or m!>relllembers w~o ,ha~e ste~d!~ll' fo request a hearing tirid the tntereats which the group or association seek• .to protect, !f1Uate(ao be ldenlt!led. You .lll~f a! so subintt your piopcifled adJustments to the app!lcallon/parmlt which .would satisfy your. co~cerns •.. ·. . ·. . · •.··..' .)!.a heartngreq~es! Is timely filed, additional nott~e may b•r.rovl<je<I.FotJowtngthe cto~e of altapplloab!a.oommentand.reqq~st.'

periods', the exeeutive director will forward the application and any requests for contested case hearing to the TC~Q Commtsstonilrl!.' •tor tMtr consideration' at .. scheduled' commission meetlrrg: H a hoMing ts granted; thtaublect ot a hearing will flelfmi\Ql!.,i~.,

· · dlsp~tetssu's of tact retaitng to rt>tevantand matertat atrq~allty concerns raised duttng the comment peilod.tssliessi:ljli\' ·~ pi'!,Jperty values,, noise, traffic safety an <I zoning are outside 'Oft he qommtsston's IUrlsdiCtion.to address In this proceeding.• i .

. , · MAI~t.NG LIST fn.addltton to submitting public comments; you rMY ask to .be placed on a mailing 'list .to rec~lve future pUblic!·

. ·nojtces forthis specific application mailed by.the Office of the ChlefCieik by sendlilQ a written request to the TCEO Office of thO, xChiefCier~althe.addressblitow. _ . . . ·' . ·.·.' ... · . .... ·· .. · ' ·' .· . · •, ,·,: . ' ·,'fNFORtll/ITIOtj.Writton public comments or requests for a public meeting 9r.contested case hearing should.be·submtttedlo th&. ·q!fice of the Ohlef .Cier~. MC·t 05, TC~O.P.O, Bo~ 1~0~7' 1\ustln; Te~as 7~7fl•3087. •For more lnfolrna)lon &boUt this peimtt }pplication ·oithe permitting process., please cell.the .Office'of\he Public Assistance,. Toll Free, at 1-800•667-4040. Sl des~lr,.

·.. ·lnt.0rmacton en Espariol; puede llamar at..t:eo0-687-4040 .. General tntof111atlon regarqtng the TCE(l can be fouhd,;!i;; .Www.tc_eq:state.tx:ys_/, ·-. . --. -_--;:''--_-_· . ·- : · :· ·__ _ -.- .- '. _ .:··:·>~

, FUrther.tnfonnattonmay a.tso be Obtained from Adair Grain, tnc. dba West Fertllltercompany, P:Q. Box 399, West, Texas 7669f• i>r. bY caiii~Q lylr:: Ted J, ~ptmore, General fl!liMg~r at' (~5~) B25c5~09. -. • •

lssuan~~Dl!le:uanuary.t0,200t' · ''." .>'' · , ·,• .. , · .. , :. · .. •· . ,;,J · .. ·~ ~.~~~~~~~~~~~~~~~~w

I OCC# . T""EXf>N\S~-~--

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY COMM~SSt~\\fQ use <mly)

Public Notice Verification Form ON ENV!RON)'vif::NTAL Air Permit OUAL!l Y

Applicant Name: Adair Grain Inc. dba West Fertilizer Com 2!117 FEB 20 PM J: :n Site or Facility Name: West Fertilizer Compan

TCEQ Account Number (if applicable): -"M"'B"'· _.-0'-'1-'4"-52-S,_ __ _c~---- Pennit Number: _c8,0"'4"'04:o:__ _____ _

Regulated Entity Number: RNl 00985407 Customer Number: -'C~N=60"'3'-'lc=2~9-'4""12,.___ _____ _

ONO un;~"""' tear in accordance

with and instructions of the ONO Notice of Receipt of Application and Intent to Obtain Permit (1 Notice): I verify that a copy of the complete air quality application, and any revisions, were available for review and copying at the public place indicated below throughout the duration of the public C01m11ent period. Jal YES 0 NO '

Notice of Application and Preliminary Decision (2"d Notice, if apJllicable): I verify that a copy of the complete air quality application and draft permit, and any revisions, are available for review and copying at the public place indicated below from the first day after newspaper publication; m1d

I also verify that the air quality application and dmft pem1it, and any revisions, will remain in the designated public place until either:

I) the TCEQ acts on the application; or 2) the application is referred to the State Office of Administrative Hearings (SOAH) for hearing.

~YES

Title:

a copy quality and draft any revisiOns, were review and copying at the public place indicated below throughout the duration of the public comment period.

YES

Signed by: .

Title:

TCEQ 20244-Ail· (Rev. 05/06) Page 16 of 2

: "' '-- - 1:, __ , ~:_,. ~!_ ~------- ----. -- --- ------- ------ ------· ---,-~- ------- ' '

• ' I> -

MR JACKSON BATTLE

BROWN MCCARROLL LLP

Ill CONGRESS A VB STE 1400

AUSTIN IX 78701-4093

R WCARTER

RICHARD W CARTER ASSOCIATES

PO BOX 1195

ROWLETT IX 75030-1195

MR. BUCHANAN EASLEY

4020 SUMMIT CT

FAIRVIEW TX 75069-1183

DAVID FREDERICK

LOWERRE-& FREDERICK

44 EAST AVE STE I 00

AUSTIN TX 78701-4386

STUARTHENRYAITYATLAW

I-illNRY & POPLIN

819 1/2 W liTH ST

AUSTIN TX 78701-2009

JODYORSAG

ONCOR D1STRIBU'J'ION DIVISION

3600 FRANKT.JN AVE

WACO TX76710-7328

WILEY STEM III ASSISTANT CITY MGR

CITY OF WACO

P0BOX2570

WACO TX 76702-2570

IRVIN A UPHOFF

2532 ALDEN AVE

DALLAS TX 75211-2713

DICK &JEAN WEINKAUF

POBOX 5408

LAGUNA PARK TX 76644-5408

1-20-07

Ji!:JJ CITY OF WACO PO BOX2570 WACO TX 76702-2570

Ji!:JJ US ARMY CORPS OF ENGINEERS REGULATORY BRANCH PO BOX 17300 CESWS-PER-R FORT WORTH TX 76102-0300

ROGER BARKER DIRECTOR

Ji!:JJ WACO-MCLENNAN COUNTY HEALTH DEPT 225WWACODR WACO TX 76707-3897

Ji!:JJ HEART OF TEXAS COUNCIL OF GOVERNMENTS 1514S NEW RD WACO TX 76711-1316

FIELD SUPERVISOR

Ji!:JJ US FISH & WILDLIFE SERVICE 10711 BURNET RD STE 200 AUSTIN TX 78758-4460

LAURALEE VALLON GENERAL COUNSEL

Ji!:JJ BRAZOS RIVER AUTHORITY PO BOX 7555 WACO TX 76714-7555

COUNTY OFFICIALS

Ji!:JJ MCLENNAN COUNTY JUDGE PO BOX 1728 WACO TX 76703-1728

PUBLIC HEALTH REGION 7

Ji!:JJ TEXAS DEPARTMENT OF STATE HEALTH SERVICES 2408 S 37TH ST TEMPLE TX 76504-7168

Run Date: 01/20/07


Larry R. Soward, Co1nmissioner

Martin A. Hubert, Cornmissioner



The Honorable Chmles "Doc" Anderson Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910

.T anmu·y 22, 2007

Re: Small Business Stationm·y Somce Application for an Air Quality Permit Bulk Dry Fertilizer Plm1t

Dem Representative Anderson:

Pmsumt to the requirements of Section 382.0516 of the Texas Clem1 Air Act, Texas Health . and Safety Code, Chapter 382, this letter is to notify you of the recent receipt of m application for a pe1mit small business stationmy facility which is located in your district. As pmt of the air permitting process, this applicm1t will be required to publish a formal public notice in a newspaper of general circulation in the municipality nearest to the facility location. The notice will infonn the public of their right to ask questions, make comments, request a public hem·ing, or request a public meeting. This letter is being sent to you for information only m1d no action is required. The status of all pending air quality applications may be viewed by visiting our agency web site at www2.tceq.state.tx.us/airperm.

Adair Grain, Inc. dba West Fertilizer Compmy, P.O. Box 399, West, Texas 76691, has applied to pennit an existing Bulle Dry Fertilizer Plant located at 1471 .Teny Mashek Drive, West, McLennan County, Texas. The Air Quality Permit Number is 80404.

If you need further infom1ation or have m1y questions, please call Ms. Stephm1ie Howell at (512) 239-1560 or write her at the Texas Commission on Environmental Quality, Office ofPennitting, Remediation, m1d Registration, Air Permits Division (MC-163), P.O. Box 13087, Austin, Texas 78711-3087. .

Sincerely,

/-S~oCJ~ Donald D. Nelon, Team Leader Air Permits Initial Review Team Air Permits Division

DDN/SLH/to

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us pdlllcd on r~cyclcd paper using ~oy"bnscd ink

Kathleen Hartnett White, Chairman Larry R. Soward) Commissioner

Martin A. Hubert, Commissioner Glenn Shankle, Executive Director


The Honorable Kip Averitt Texas Senate P.O. Box 12068 Austin, Texas 78711-2068

January 22, 2007

Re: Small Business Stationary Source Application for an Air Quality Permit Bulk Dry Fe1iilizer Plaut

Dear Senator Averitt:

Pursuant to the requirements of Section 382.0516 of tl1e Texas Clean Air Act, Texas Health and Safety Code, Chapter 382, this letter is to notify you of the recent receipt of an application for a permit for a small business stationary facility which is located in your district. As pmi of the air permitting process, this applicm1t will be required to publish a formal public notice in a newspaper of general circulation in the municipality nearest to the facility location. The notice will inform the public of their right to ask questions, mal<e comments, request a public hem·ing, or request a public meeting. This letter is being sent to you for infonnation only a11d no action is required. The status of all pending air quality applications may be viewed by visiting our agency web site at www2.tceq.state.tx.us/airpeml.

Adair Grain, Inc. dba West Fertilizer Compm1y, P.O. Box 399, West, Texas 76691, has applied to pem1it an existing Bulk Dry Fertilizer Plant located at 1471 Jen·y Mashek Drive, West, McLellllau County, Texas. The Air Quality Pem1it Number is 80404.

If you need fmther information or have any questions, please call Ms. Stepha11ie Howell at (512) 239-1560 or write her at the Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division (MC-163), P.O. Box 13087, Austin, Texas 78711-3087.

Sincerely,

~~odJ~ Donald D. Nelon, Team Leader Air Pennits Initial Review Team Air Permits Division

DDN/SLH/to

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us primed on 1ecyded p~per 11sing soy-h<1scd ink



Martin A. Huberl, Commissioner



Mr. Ted J. Uptmore General Manager

January 1 0, 2007

Adair Grain, Inc. dba West Fertilizer Company P.O.Box 399 West, Texas 76691

Re: Declaration of Administrative Completeness Pennit Application Air Quality Permit No. 80404 Bulk Dry Fertilizer Plant West, McLennan County Customer Reference Number: CN603129412 Regulated Entity Nmnber: RNl 00985407

Dear Mr. Uptmore:

The Executive Director has declared the above-referenced application, received on November 14, 2006, administratively complete on January .10, 2007. We also understm1d you have represented that this application is for a small business stationm·y source.

You are now required to publish notice of your proposed activity. To help you meet the regulatory requirements associated with this notice, we have included the following items:

0 Notices for Newspaper Publication (Exmnple A) 0 Sign Posting Example (Example C) 0 Public Notice Checklist 0 Instructions for Public Notice 0 Affidavit of Publication and Alternative Language Affidavit of Publication 0 Notification List 0 Public Notice Verification Form (Form TCEQ-20244)

Please note that it is VERY IMPORTANT that you follow ALL directions in the enclosed instmctions. If you do not, you may be required to republish the notice. A common mistake is the unauthorized changing of notice wording or font. If you have m1y questions, please contact us before you proceed with publication.

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us printed on recycled papCI 11sing soy-based ink

Mr. Ted J. Uptmore Page2 January I 0, 2007

Re: Air Quality Permit No. 80404

A "Public Notice Checklist" is enclosed which notes the time limitations for each step of the public notice process. This checklist should be used as a tool in conjunction with the enclosed, detailed instructions.

If you do not comply with all requirements described in the instructions, further processing of your application may be suspended or the agency may take other actions. Please note that as your application undergoes the teclmical review, we may request additional information.

If you have any questions regarding publication requirements, please contact the Office of the Chief Clerk at (512) 239-3300. If you have any other questions, please contact Ms. Toni Oyler at (512) 239-1311.

Sincerely,

fi'~otD~ Donald D. Nelon, Team Leader Air Permits Initial Review Team Air Permits Division

DDN/to

Enclosures


EXAMPLE A

NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR PERMIT

PROPOSED AIR QUALITY PERMIT NO. 80404

APPLICATION Adair Grain, Inc. dba West Fertilizer Company has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Air Quality Permit No. 80404, which would authorize continued operation of the Bulk Dry Fertilizer Plant located at 1471 Jerry Mashek Drive, West, McLennan County, Texas. The facility will emit the following contaminants: particulate matter less than 10 microns in diameter.

This application was submitted to the TCEQ on November 14, 2006. The application is available for viewing and copying at the TCEQ central office, the TCEQ Waco regional office, and the West Public Library, 210 Tokio Road, West, McLennan County, Texas. The facility's compliance file, if any exists, is available for public review in the Waco regional office of the TCEQ.

The TCEQ executive director has detem1ined the application is administratively complete and will conduct a technical review of the application.

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 application. 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 application. A public meeting about the application may be held if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

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

If a hearing request is timely filed, the executive director will complete the technical review, issue a preliminary decision on the application, and a Notice of Application and Preliminary Decision will be published and mailed to those who are on the mailing list for this application. That notice will contain the final deadline for submitting public comments.

After the final deadline for public comments following any required 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 application, will then be mailed to everyone who submitted public comments or is on a mailing list for this application.

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 application. If no hearing request is received within this 30-day period, no further opportunity for hearing will be provided. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will 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 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 application/permit which would satisfy your concerns.

If a hearing request is timely filed, additional notice may be provided. Following the close of all applicable comment and request periods, the executive director will forward the application and any requests for contested case hearing to the TCEQ 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 application mailed by the Office of the Chief Clerk by sending a written request to the TCEQ Office ofthe Chief Clerk at the address below.

INFORMATION Written public comments or requests for a public meeting or contested case hearing should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For more information about this permit application or the permitting process, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea informacion en Espafiol, puede llamar a! 1-800-687-4040. General information regarding the TCEQ can be found at www.tceq.state.tx.us.

Further information may also be obtained from Adair Grain, Inc. dba West Fertilizer Company, P.O. Box 399, West, Texas 76691 or by calling Mr. Ted J. Up1more, General Manager at (254) 826-5309.

Issuance Date: January 10,2007

EXAMPLE C

SIGN POSTING

Sign(s) must be in place on day of publication of first newspaper notice and must remain in place and be legible for the 30-day public comment period (which begins on the last day of newspaper publication, either English or altemate language, whichever is later). Note - The information shown is an example only. It is your responsibility to verify that the appropriate information pertaining to your application is accurate. Each sign placed. at the site must be located within I 0 feet of each (every) property line paralleling a public highway, street or road. Signs must be spaced at not more than 1,500-foot intervals. A minimum of one sign, but not more than three signs shall be required along any property line paralleling a public thoroughfare.

18" Minimum -------•

PROPOSED AIR QUALITY

PERMIT

APPLICATION NO.: 80404

FOR FURTHER INFORMATION CONTACT:


AIR PROGRAM

WACO REGIONAL OFFICE 6801 SANGER AVE. STE 2500

WACO, TEXAS 76710-7826 (254) 751-0335

28"

Minimum

Sign( s) must be placed at whatever height above the ground is necessary for sign( s) to be 100% visible from the street.

WHITE BACKGROUND WITH BLACK LETTERS

All lettering must be 1-112 inch block printed capitals.

I

PUBLIC NOTICE CHECKLIST

Notice of Receipt of Application and Intent to Obtain Permit for Small Business (1'' Notice)

The following tasks must be completed for public notice. If publication in an altemative language is required, please complete the tasks for both the English and alternative language publications. Detailed instructions are included in the "Instructions for Public Notice" section of this package.

Notice Receipt - Example A must be published in "public notice" section of newspaper. Review for accuracy prior to publishing.

Provide copy of application at a public place for-review and copying. Keep it there until end ofthe designated comment period. Prepare signs.

Mail original newspaper clippings showing pubJi,cation TCEQ Office of the Chief Clerk, MC-1 05 Attn: Notice Team P.O. Box 13087 Austin, Texas 78711-3087

Mail photocopies of newspaper clippings showing publication date and newspaper name to persons listed on Notification List

Mail original affidavit of publication and alternative langnage affidavit of publication (if applicable) to TCEQ Office of the Chief Clerk, MC-105 Attn: Notice Team P.O. Box 13087 Austin, Texas 78711-3087

Mail photocopies of affidavits to persons listed on Notification List

TCEQ Office of the Chief Clerk, MC-105 Attn: Notice Team P.O. Box 13087 Austin, Texas 78711-3087

Mail of Public Notice Verification Form to listed on List


INSTRUCTIONS FOR PUBLIC NOTICE For New Source Review Air Permit

For Small Business Stationary Sources

NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN PERMIT

Your application has been declared administratively complete and now you must comply with the following instructions:

Review Notice

Included in the notice is all of the information which the commission believes is necessary to effectuate compliance with applicable public notice requirements. Please read it carefully and notify the Texas Commission on Environmental Quality (TCEQ) immediately if it contains any errors or omissions. You are responsible for ensuring the accuracy of all information published. You may not change the text of the notice or font/style without prior approval from the TCEQ.

Newspaper Notice

• You must publish the enclosed Notice of Receipt of Application and Intent to Obtain Permit within 30 calendar days after the date of administrative completeness. Refer to the cover letter for the date of administrative completeness.

• You must publish the enclosed Notice of Receipt of Application and Intent to Obtain Permit at your expense, in a newspaper that is of general circulation in the municipality where the facility is or will be located. If the facility is not located within a municipality, the newspaper should be of general circulation in the municipality nearest to the location or proposed location.

• You must publish this notice in one issue of any applicable newspaper.

• You will find two example notices enclosed in this package. Example A must be published in the "public notice" section of the newspaper.

• The bold text of the enclosed notice must be printed in the newspaper in a font style or size that distinguishes it from the rest of the notice (i.e., bold, italics). Failure to do so may require re-notice.

Alternative Language Notice

In certain circumstances, applicants for air permits must complete notice 111 alternative languages.

• Public notice rules require the applicant to detennine whether a bilingual program is required at either the elementary or middle school nearest to the facility or proposed facility location. Bilingual education programs are detennined on a district-wide basis. When students who are required to attend either school are eligible to be enrolled in a bilingual education program, some alternative language notice is required (signs, or signs and newspaper notice).

• Since the school district, and not the schools, must provide the bilingual education program, these programs do not have to be located at the elementary or middle school nearest to the facility or proposed facility to trigger the alternative language notice requirement. If there are students who would normally attend the nearest schools eligible to be taught in a bilingual education program at a different location, alternative language notice is required.

• If triggered, publication of alternative language notices must be made in a newspaper or publication primarily printed in each language taught in the bilingual education program. This notice is required if such a newspaper or publication exists in the municipality or the county where the facility is or will be located.

• The applicant must demonstrate a good faith effort to identify a newspaper or publication in the required language. If a newspaper or publication of general circulation published more than once a month in such language cannot be found, publishing in that language is not required, but signs must still be posted adjacent to each English language sign.

• Publication in an alternative language section or insertion within an English language newspaper does not satisfy these requirements.

• The applicant has the burden to demonstrate compliance with these requirements. To assist applicants in meeting these requirements, the TCEQ has provided the Public Notice Verification Form (enclosed). You must fill out the Public Notice Verification Form indicating your compliance with the requirements regarding publication in an alternative language. This form is also available at www. tceg .state. tx. us/goto/air/publicnotice.

• It is suggested the applicant work with the local school district to do the following:

(a) determine if a bilingual program is required in the district; (b) determine which language is required by the bilingual program; (c) locate the nearest elementary and middle schools; and (d) determine if any students attending either school are eligible to be enrolled in a

bilingual educational program.

• If you determine that yon must meet the alternative language notice requirements, yon are responsible for ensuring that the publication in the alternative language is complete and accurate in that language. Since the most

· common bilingual programs are in Spanish, the TCEQ has provided example Spanish notice templates for your use. All italic notes should be replaced with the corresponding Spanish translations for the specific application and published in the alternative language publication. Electronic versions of the Spanish templates are available through the TCEQ Air Permits Division webpage at www. tceg . state. tx. us/ go to/ air!publicnotice.

• If you are required to publish notice in a language other than Spanish, you must translate the entire public notice at your own expense.

Public Comment Period

• The public comment period should last at least 30 calendar days. With the exception of renewals whose comment period should last at least 15 calendar days.

• The comment period will be longer if the last day of the public comment period ends on a weekend or a holiday. In this case, the comment period will end on the next business day.

• The comment period for the permit may lengthen depending on whether a public meeting is held or if second notice is required. If a public meeting is held, the comment period will be extended to the later of either the date of the public meeting or the end of the second notice period.

Proof of Publication

• Check each publication to ensure that the articles were accurately published. If a notice was not published correctly you may be required to republish.

• For each newspaper in which you published, you must submit original newspaper clippings or tear sheets of each published notice which shows the complete notice that was published, the date of publication, and the name of the newspaper to the TCEQ Office of the Chief Clerk within 10 business days after the date of publication.

• You must submit an original publisher's affidavit of publication and alternate language affidavit of publication (if applicable) to the Office of the Chief Clerk within 30 calendar days after the date of publication. You must use the enclosed affidavit forms. The affidavits must clearly identifY the applicant's name and permit number. You are encouraged to submit the affidavit with the original newspaper clippings described above.

• You must .submit the Public Notice Verification Form to the TCEQ Office of the Chief Clerk within 10 business days of the end of this public comment period. You must use this fonn to ce1iify that you have met bilingual notice requirements.

• The original publisher's affidavits, Public Notice Verification Form, and original newspaper clippings of the published notices must be mailed to:

TCEQ Office ofthe Chief Clerk, MC-105

Attn: Notice Team P.O. Box 13087

Austin, Texas 78711-3087

• Please ensure that the affidavit and newspaper clippings you send to the TCEQ Chief Clerk are originals and that all blanks on the affidavit are filled in correctly. Photocopies of newspaper clippings and affidavits will not be accepted.

• Photocopies of newspaper clippings, affidavits, and ve1ifications must also be sent to those listed on the enclosed Notification List within the deadlines specified above.

Failure to Publish and Submit Proof of Publication

You must meet all publication requirements. If you fail to publish the notice or submit proof of publication on time, then the TCEQ may suspend further processing on your application or take other actions.

Sign Posting

Applicants for air quality permits must also post signs.

• You must post at least one sign in English and as applicable, in each alternative language.

• Signs must be in place on the first day of publication in a newspaper and must remain in place and be legible and be visible from the street for the entire duration of the publications' designated comment period.

• The sign template enclosed (Example C) is an example only. Read the sign template carefully and notify the TCEQ if it has an error or omissions. It is your responsibility to verify that the appropriate information pertaining to your application is accurate. Any changes to the text prepared by the TCEQ must be approved by the agency.

• Signs placed at the site must be located within 10 feet of each (every) property line paralleling a public street, road, or highway. Signs musts be spaced at not more than 1,500-foot intervals. A minimmn of one sign, but not more than three signs are

required along any property line paralleling a public street, road, or highway. Sign(s) must be placed at a sufficient height above the ground that is necessary for sign( s) to be I 00 percent visible from the street.

All lettering on the sign must be at least 1 W' in height with block printed capital lettering. The sign must be at least 18" wide and 28" tall, and consist of black lettering on a white background.

• Alternative language signs are required if altemative notice is required, even if no newspaper can be found.

• Inspect each posted sign daily to ensure it is present rn1d visible throughout the entire comment period.

• You must submit verification of sign posting using the Public Notice Verification Form within 10 business days after end of the publications' designated comment period. Do not submit the Public Notice Verification Form verifying sign posting until after the comment period is over. You cannot certify that the sign posting is in compliance until after the comment period is over.

Application in a Public Place

• You must provide a copy of the administratively complete application at a public place for review and copying by the public. This place must be in the county in which the facility is located or proposed to be located.

• A public place is one that is publicly owned or operated. For exrnnple, libraries, county courthouses, or city halls.

• The administratively complete application must be available beginning on the first day of newspaper publication and remain available during the public co111111ent period.

• If the application is submitted to the TCEQ with information marked as confidential, you are required to indicate which specific portions of the application are not being made available to the public. These portions of the application must be accompanied with the following statement: "Any request for portions of this application that are marked as confidential must be submitted in writing, pursuant to the Public Information Act, to the TCEQ Public Information Coordinator, MC-197, P.O. Box 13087, Austin, Texas 78711-3087."

• You must submit verification of file availability using the Public Notice Verification Form within 10 business days after end of the publications' designated comment period. Do not submit the form verifying that the application was in a public place until after the comment period is complete. If a public meeting is held or second notice is required causing the public comment period to be extended, at a later date you will be required to verify that the application was in a public place during the entire public coll1111ent period.

General Information

When contacting the Commission regarding this application, please refer to the permit number at the top ofthe Notice of Application and Intent to Obtain Permit.

If you wish to obtain an electronic copy, please contact the initial reviewer who assisted in the preparation of this public notice package. The electronic version is available in Word fonnat only and can be requested once your application has been declared administratively complete. Please ensure that the electronic version is correct and consistent with the hard copies that were provided. Any revisions made may not be accepted. You may download copies of the Public Notice Verification Form and Affidavit forms by visiting our agency web site at www.tceg.state.tx.us/goto/air/publicnotice.

If you have questions or need assistance regarding publication requirements, please contact the TCEQ Office of the Chief Clerk at (512) 239-3300 or the administrative reviewer listed in the cover letter.

TCEQ - Office ofthe Chief C1er' MC-105 Attn: Notice Team P .0. Box 13087 Austin, Texas 78711-3087

STATE OF TEXAS

Applicant Nar

Penni! No.: . lr G-rain, Inc. 8v .. 04

Notice oflntent to Obtain Permit

AFFIDAVIT OF PUBLICATION §

COUNTY OF §

________ §

Before me, the tmdersigned authority, on this day personally appeared

, who being by me duly sworn, (name of newspaper representative)

deposes and says that (s)he is the (title of newspaper representative)

of the ; that said newspaper is generally ----------------~----~------,----------------(name of newspaper)

circulated in --------~~~----~~~------------~~~--~------~~~~-----'Texas; (in the municipality or nearest municipality to the proposed facility)

that the attached notice was published in said newspaper on the following date(s):

(Newspaper Representative); Signature)

Subscribed and sworn to before me this the _____ d.ay of _____________ ,, 20 _____ ., to certify which witness my hand and seal of office.

(Seal) Notary Public in and for the State of Texas

Print or Type Name of Notary Public

My Commission Expires ------

TCEQ - Office of the Chief Cler' MC-105 Attn: Notice Team P.O. Box 13087 Austin, Texas 78711-3087

Applicant Nan

Permit No.: ·: 'r Grain, Inc. 8v~04

Notice of!ntent to Obtain Permit

ALTERNATIVE LANGUAGE AFFIDAVIT OF PUBLICATION STATE OF TEXAS §

§ COUNTYOF §

Before me, the undersigned authority, on this day personally appeared


deposes and says that ( s )he is the (title of newspaper representative)

of the ; that said newspaper is generally --------------------~(i'na_m __ e_ofr-n-ew_s_p_a_p_e~1.-------------

circulated in , Texas --------~~----~~~--~----------~------~~~~--------(in the municipality or the same county as the proposed facility)

that the attached notice was published in said newspaper on the following date(s):

(Newspaper Representatives Signature)

Subscribed and sworn to before me this the _____ day of ____________ ,, 20 __ _, to certify which witness my hand and seal of office.



My Commission Expires __________ __

I OCC#

TEA_..d COMMISSION ON ENVIRONMbaAL QUALITY ('fCEQ use only)

Public Notice Verification Form Air Permit

Applicant Name: Adair Grain, Inc. dba West Fertilizer Company

Site or Facility Name: West Fertilizer Company

TCEQ Account Number (if applicable): _,M"""'B"'-0'-'1""4""'5-"'S'---------- Permit Number: _,8"'0,40""4'-------

Regulated Entity Number: _,RN~"-'10,_,0'-'9"'8"'5"'-40"-7'---------- Customer Number: _-C""N--"6"'0'-"3'-'1-"2"-94_,_1,_.2,_ _____ _

All applicants must complete all applicable portions of this form. The completed form should be sent to the TCEQ to the attention of the Office of the Chief Clerk For more infmmation regarding public notice refer to the instructions in the

A bilingual education program is required by the Texas Education Code in the district. YES DNO

School District: Phone:

Person

nearest to the proposed or existing facility is:

The name of the middle school nearest to the proposed or existing facility is:

Students who attend one ofthe schools above are program the district. DYES DNO

The following language(s) is/are utilized in the bilingual program:

· notice requirements. DYES DNO

newspaper or any of the language(s) in which notice is rc~1urrcu. DYES DNO

I verify that the publishers of the newspapers listed refused to notice as requested, and no other newspaper or publication in the same language and of general circulation was found in the municipality or county in which the is located to be 0 YES D NO 0 N/A Newspaper: Language:

I verify that bilingual sign(s) required by the TCEQ were posted. (if applicable) NO

I verify that original tear newspaper have been sent to the DYES DNO Signed Applicant:

Title: Date:

TCEQ 20244~Ail· (Rev. 05/06) Jlage 16 of2

OCC# ---------·-TEA .• cS COMMISSION ON ENVIRONM_t'";TAL QUALITY (TCEQ use only)




TCEQ Account Number (if applicable): -'"M"B"'--'-0'-'1~4""'5__.-S'------------Permit Number: ~8~0'-'4_,_04-'--------

Regulated Entity Number: _,R"'N2-l,_,0"'0"-9""85"-'4"0"-7 _______ Customer Number: _,C""N-'-'6"-'0"'3-"-12~9"'4'-'1-"'2 _____ _

I. .· <_-. __ --- _NEW SoUrtt:lllREVIE'WPERIIirt'r·Ntl'rlC!i:V:E:RmcATtoN' _

.·

...... ,. .· •:.;_ -.: . <.:··· • . .. -· . .. ·. . .. . . ·_.· .. :, . _--._· .

I verify that the required sigos (for I'' notice) were posted in accordance with the regulations and instructions of the TCEQ.

DYES DNO I verify that original tear sheets of the newspaper notices and the requested affidavits have been furnished in accordance with the regulations and instructions of the TCEQ. DYES DNO Notice of Receipt of Application and Intent to Obtain Permit (1'1 Notice): I verify that a copy of the complete air quality application, and any revisions, were available for review and copying at the public place indicated below throughout the duration of the public comment period. DYES DNO

Notice of Application and Preliminary Decision (2"" Notice, if applicable): I verify that a copy of the complete air quality application and draft permit, and any revisions, are available for review and copying at the public place indicated below from the first day after newspaper publication; and

I also verify that the air quality application and draft permit, and any revisions, will remain in the desigoated public place until either:

I) the TCEQ acts on the application; or 2) the application is referred to the State Office of Administrative Hearings (SOAH) for hearing.

DYES DNO

Name and Address of Public Place:

Sigoed by:

Title: I Date:

II ••. _ •. _.- KY-liJ;t-3 ·_·_.

FEDERAL QPE~A'rlN~~~li_t'fh!J.,mv}~~~~V~ttr!IGA'rfi{N< i·- ------·--··-··•-- .. X-II :• ,-· --•. - •::::•, - ._ •

I verify that the required signs were posted in accordance with the regulations and instructions of the TCEQ.

DYES DNO

I verify that original tear sheets of the newspaper notices and the requested affidavits have been furnished in accordance with the regulations and instmction of the TCEQ. DYES DNO I verify that a copy of the complete air quality application and draft permit, and any revisions, were available for review and copying at the public place indicated below throughout the duration of the public comment period.

DYES DNO Name and Address of Public Place:

Signed by:

Title: I Date:

TCEQ 20244-Air (Rev. 05/06) Pagc16of2

NOTIFICATION LIST

It is the responsibility of the applicant to furnish the following offices with copies of the notices published, the Affidavits of Publication, the Alternative Language Affidavit of Publication (if applicable), and a completed copy of the Public Notice Verification Form. Originals should be sent to the TCEQ Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. Copies should be sent to the following:

U.S. Environmental Protection Agency Regional Administrator Region 6 1445 Ross A venue Dallas, Texas 75202-2733

Air Section Manager Waco Regional Office 6801 Sanger Ave. Ste 2500 Waco, Texas 76710-7826

Texas Commission on Environmental Quality Office of Permitting, Remediation, and Registration Air Pe1mits Division (MC-163) Ms. Stephanie Howell P.O. Box 13087 Austin, Texas 78711-3087



Martin A. Hubert, Commissioner


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Te.,r.as by Reducing and Preventing Pollution

The Honorable Ch:;trles "Doc" Anderson Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910

January 22, 2007

Re: Small Business Stationary Source Application for m1 Air Quality Permit Bulk Dry Fertilizer Plant

Dem Representative Anderson:

Pursum1t to the requirements of Section 382.0516 of the Texas Clem1 Air Act, Texas Health m1d Safety Code, Chapter 3 82, this letter is to notify you of the recent receipt of an application for a permit small business stationary facility which is located in your district. As part of the air pennitting process, this applicm1t will be required to publish a fonnal public notice in a newspaper of general circulation in the municipality neal'est to the facility loc.ation. The notice will infonn the public of their right to ask questions, make co1mnents, request a public hem·ing, or request a public meeting. This letter is being sent to you for information only a11d no action is required. The status of all pending air quality applications may be viewed by visiting our agency web site at www2.tceq.state.tx.us/airpenn.

Adair Grain, Inc. dba West Fertilizer Compm1y, P.O. Box 399, West, Texas 76691, has applied to pennit an existing Bulk Dry Fertilizer Plant located at 1471 Jeny Mashek Drive, West, McLennan Colmty, Texas. The Air Quality Permit Number is 80404.

If you need further information or have my questions, please call Ms. Stephanie Howell at (512) 239-1560 or write her at the Texas Commission on Environmental Quality, Office of Permitting, Remediation, a11d Registration, Air Pennits Division (MC-163), P.O. Box 13087, Austin, Texas 78711-3087.

Sincerely,

,/)~ vD%{__--' Donald D. Nelon, Team Leader Air Permits Initial Review Team Air Permits Division

DDN/SLH/to

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us print~d on recycled papcTusing soy-based ink


Larry R. Soward, Conunissioner

Martin A. Hubert, Com1nissioner



The Honorable Kip Averitt Texas Senate P.O. Box 12068 Austin, Texas 78711-2068

January 22, 2007

Re: Small Business Stationmy Source Application for m1 Air Quality Permit Bulk Dry Fertilizer Plm1t


Pm·sum1t to the requirements of Section 382.0516 of the Texas Clean Air Act, Texas Health m1d Safety Code, Chapter 382, tlus letter is to notify you of the recent receipt of ffi1 application for a pemut for a small business stationm·y facility which is located in your district. As part of the air permitting process, this applicant will be required to publish a fonnal public notice in a newspaper of general circulation in the municipality nearest to the facility location. The notice will infmm the public of their right to ask questions, make comments, request a public hearing, or request a public meeting. This letter is being sent to you for information only and no action is required. The status of all pending air quality applications may be viewed by visiting our agency

' web site at www2.tceq.state.tx.us/airpeim.

Adair Grain, Inc. elba West Fertilizer Compm1y, P.O. Box 399, West, Texas 76691, has applied to permit m1 existing Bulk Dry Fertilizer Plm1t located at 1471 Jerry Mashek Drive, West, McLennan Com1ty, Texas. The Air Quality Permit Number is 80404.

If you need further information or have any questions, please call Ms. Stephanie Howell at (512) 239-1560 or Wl·ite her at the Texas Conm1ission on Enviromhental Quality, Office of Permitting, Remediation, m1cl Registration, Air Permits Division (MC-163), P.O. Box 13087, Austin, Texas 78711-3087.

Sincerely,

~~o<O~ Donald D. Nelon, Team Leader Air Pem1its Initial Review Temn Air Permits Division

DDN/SLH/to

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us printed on recycled paper using soy-h<~sed ink

cc: Air Section Manager, Region 9 - Waco Air Permits Section Chief, New Source Review, Section (6PD-R), Enviromnental

Protection Agency, Region 6, Dallas

bee: Ms. Charlene Smith, Notice Team, Office of Chief Clerk, Austin Ms. Jodena Henneke, TCEQ Office of Public Assistance, Austin Ms. Stephanie Howell, Air Permits Division, Austin

DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE


01/10 15:45 912548264325 00:05:57 18 OK STANDARD ECM

TIME 01/10/2007 15:51 NAME FAX 1300 TEL 1300 SER.# BROM4J173761

, FAX TRANSMITTAL • "'=

Protectln&J Telo!~.S

by Re<i~lolng and

Preventing Pollulioo

DATE:

TO:

FHOM:

-'-1::.-IJ./Oc:-~aL'lL_____ NUMBER OF PAGES ( inqtudin(llhls <o~r sht>BI} :

Name MQ. TE p UP'I"M0/21::,. c;..M.

Organization

FAX N u.mber

TEXAS COMMISSION ON ENVJ.'RONMENTAL QUALITY

Name

Division/Region

Telephone Number

FAX Number

Ton.i Oyler

Air Permits Division

512/2.59-1311

512 21J9 - 4500

NOTES: PE:fl.n;J'(" ~D- BOifDtf I

=»~ ~ ·~ ill If! Administrative complete letter and public notice package. The hard copy will follow

... __ jDthe_tTJ_aii._Y()Ur(;lQJ:Jiication\>IJ~lr1owbe t!<J_nsferrecj to at~c:hnic<ll engin~li)r. Tha!]k_s ·

and please don't hesitate to call if you have any questions.

! '

APPLICANT & CONTACT INFORMATION

This sheet should accompany all notices to be processed by the office of the chief clerk on the right side of the tile folder.

APPLICANT'S MAIN CONTACT & ADDRESS TO BE SHOWN ON PERMIT:

NAME/TITLE: Ted J. Uptmore, General Manager

COMPANY: West Fertilizer Company

STREET/ROAD: PO Box 399

CITY/STATE/ZIP: West, Texas 76691

TELEPHONE: (254) 826-5309 FAX: (254) 826-4325

APPLICANT'S TECHNICAL REPRESENTATIVE/ CONSULTANT:





PHONE: (254) 826-5309 FAX: (254) 826-4325

PERSON RESPONSIBLE FOR PUBLISIDNG NOTICE:





TELEPHONE: (254) 826-5309 FAX: (254) 826-4325

Kathleen .Hartnett \iVhile, Chairman Larry R. SO\:vard, CommissioneF

M_ariin A. I-Juberl, Commissioner

Glelln Shankle, E-wcuiive Director

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Te~Yas by Reducing and Preventing Pollution

Mr. Ted J. Uptmore General Manager

January J 0, 2007

Adair Grain, Inc. elba West Fertilizer Compm1y P.O.Box 399 West, Texas 76691

Re: Declaration of Administrative Completeness Permit Application Air Quality Permit No. 80404 Bulk Dry Fertilizer Plant West, McLermm1 Com1ty Customer Reference Nmnber: CN603129412 Regulated Entity Number: RNl 00985407

Dem· Mr. Uptmore:

cwl+

Tlw Executive Director has declared the above-referenced application, received on November 14, 2006, administratively complete on January .10, 2007. We also understand you have represented that this application is for a small bnsiness stationary source.

You are now required to publish notice of yom proposed activity. To help you meet the regulatory requirements associated with this notice, we have included the following items:

0 Notices for Newspaper Publication (Example A) 0 Sign Posting ExmJJple (Example C) 0 Pt.Jblic Notice Checldist 0 Instructions for Public Notice 0 Affidavit of Publication and Aliernative Language Affidavit ofPt.tblication 0 NoUfication List 0 Public Notice Verification Form (Form TCEQ-20244)

Please note that it is VERY IMPORTANT that you follow ALL directions in the enclosed instnJctions. If you do not, you may be required to mpublish the notice. A common mistake is the unauthorized cha11ging of notice wording or font. If you have any questions, please contact us before you proceed with publication.

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us pdulr.d 011 recycled p11per using ~\Jy-bnscd ink

Mr. Ted .T. Uptmore Page 2 .J mmary 1 0, 2007

Re: Air Quality Permit No. 80404

A "Public Notice Checklist" is enclosed which notes the time limitations for each step of the public notice process. This checklist should be used as a tool in conjunction with the enclosed, detailed instructions.

If you do not comply with all requirements described in the instmctions, further processing of your application may be suspended or the agency may take other actions. Please note that as your application undergoes the technical review, we may request additional information.

If you have any questions regarding publication requirements, please contact the Office of the Chief Clerk at (512) 239-3300. If you have m1y other questions, please contact Ms. Toni Oyler at (512) 239-1311.

Sincerely,

/-)~ob~ Donald D. Nelon, Team Leader Air Pennits Initial Review Team Air Permits Division

DDN/to

Enclosures


EXAMPLE A

NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR PERMIT

PROPOSED AIR QUALITY PERMIT NO. 80404

APPLICATION Adair Grain, Inc. dba West Fertilizer Company has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Air Quality Permit No. 80404, which would authorize continued operation of the Bulk Dry Fertilizer Plm1t located at 1471 Jeny Mashek Drive, West, McLennan County, Texas. The facility will emit the following contmninm1ts: particulate matter less than I 0 microns in diameter.

This application was submitted to the TCEQ on November 14, 2006. The application is available for viewing m1d copying at the TCEQ central office, the TCEQ Waco regional office, and the West Public Library, 210 Tokio Road, West, McLem1m1 Com1ty, Texas. The facility's complim1ce file, if a11y exists, is available for public review in the Waco regional office of the TCEQ.

The TCEQ executive director has determined the application is administratively complete and will conduct a technical review of the application.

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 application. The deadline to submit public comments is 30 days after newspaper notice is published.

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

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

If a hearing request is timely filed, the executive director will complete the technical review, issue a preliminary decision on the application, and a Notice of Application and Preliminm·y Decision will be published m1cl mailed to those who are on the mailing list for this application. That notice will contain the final deadline for submitting pLJblic comments.

After the final deaclline for public comments following any required Notice of Application and Preliminary Decision, the executive director will consider the comments and prepa1·e 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 application, will then be mailed to everyone who submitted public comments or is on a mailing list for this application.

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 application. If no hearing request is received within this 30-day period, no further opportunity for hearing will be provided. A contested case hearing will only be gnmted based on disputed issues of fact that aTe relevant and material to the Commission's decision on the application. Further, the Commission will 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: (l) 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 bearing and the interests which 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.

If a hearing request is timely filed, additional notice may be provided. Following the· close of all applicable comment and request periods, the executive director will forward the application and any requests for contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a hearing is granted, the subject of a bearing will be limited to disputed issues of fact relating to relevant and material air quality concerns raised during the comment period. Tssues 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 application mailed by the Office of the Chief Clerk by sending a written request to the TCEQ Office of the Chief Clerk at the address below.

INFORMATION Written public comments or requests for a public meeting or contested case hearing should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For more information about this permit application or the permitting process, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea informacion en Espa.fi.ol, puede llamar a! 1-800-687-4040. General inf01mation regarding the TCEQ can be found at www.tceq.state.tx.us.

Ftirther information may also be obtained from Adair Grain, Inc. dba West Fe1iilizer Company, P.O. Box 399, West, Texas 76691 or by calling Mr. Ted J. Uptmore, General Manager at (254) 826-5309.

Issuance Date: Janumy 10, 2007

EXAMPLEC

SIGN POSTING

Sign(s) must be in place on day of publication of first newspaper notice and must remain in place and be legible for the 30-clay public comment period (which begins on the last clay of newspaper publication, either English or alternate language, whichever is later). Note - The information shown is an example only. It is your responsibility to verify that the appropriate information pertaining to your application is accurate. Each sign placed at the site must be located within 10 feet of each (every) property line paralleling a public highway, street or road. Signs must be spaced at not more than 1 ,500-foot intervals. A minimum of one sign, but not more thm1 three signs shall be required along any property line paralleling a public thoroughfare.

18" Minimum-------+

PROPOSED AIR QUALITY

PERMIT

APPLICATION NO.: 80404

FOR FURTHER INFORMATION CONTACT:


AIR PROGRAM

WACO REGIONAL OFFICE 6801 SANGER A VK STE 2500 WACO, TEXAS 76710-7826

(254) 751-0335

28" Minimum

Sign(s) must be placed at whatever height above the ground is necessary for sign(s) to be 100')1,, visible from the street.

WHITE BACKGROUND WITH BLACK LETTERS

All lettering must be 1-1/2 inch block printed capitals.

PUBLIC NOTICE CHECKLIST

Notice of Receipt of Application and Intent to Obtain Permit for Small Business (1" Notice)

The following tasks must be completed for public notice. If publication in an alternative language is required, please complete the tasks for both the English m1d alternative language publications. Detailed instmctions are included in the "Instructions for Public Notice" section of this package.

Publish Notice ofReceipt of Application and Intent to · . Permit -Example A must be published in "public notice" section of newspaper. Review for accuracy prior to publishing.

Provide copy of application at a public place for review and copying. Keep it there Lmtil end ofthe designated comment period. Prepare signs.

uuc;uuu newspaper TCEQ Office of the Chief Clerk, MC-105 Att11: Notice Team P.O. Box 13087 Austin, Texas 78711-3087

Mail photocopies of newspaper clippings showing publication date and newspaper name to persons listed on Notification List

Mail original affidavit of publication and alternative language affidavit of publication (if applicable) to TCEQ Office of the Chief Clerk, MC-1 05 Attn: Notice Team P.O. Box 13087 Austin, Texas 78711-3087

Mail photocopies of affidavits to persons listed on Notification List

Mail Public Notice Verification Form to TCEQ Office ofthe Chief Clerk, MC-105 Attn: Notice Team P.O. Box 13087 Austin, Texas 78711-3087

Form to listed on List


INSTRUCTIONS FOR PUBLIC NOTICE For New Source Review Air Permit

For Small Business Stationary Sources

NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN PERMIT

Your application has been declared administratively complete and now you must comply with the following instructions:

Review Notice

Included in the notice is all of the infonnation which the commission believes is necessary to effectuate compliance with applicable public notice requirements. Please read it carefully and notify the Texas C01=1ission on Enviromnental Quality (TCEQ) immediately if it contains any errors or omissions. You are responsible for ensuring the accuracy of all infonnation published. You may not change the text ofthe notice or font/style without prior approval from the TCEQ.

Newspaper Notice

• You must publish the enclosed Notice of Receipt of Application and Intent to Obtain Permit within 30 calendar days after the date of administrative completeness. Refer to the cover letter for the date of administrative completeness.

• You must publish the enclosed Notice of Receipt of Application and Intent to Obtain Permit at your expense, in a newspaper that is of general circulation in the mnnicipality where the facility is or will be located. If the facility is not located within a municipality, the newspaper should be of general circulation in the municipality nearest to the location or proposed location.

• You must publish this notice in one issue of any applicable newspaper.

• You will find two example notices enclosed in this package. Example A must be published in the "public notice" section of the newspaper.

• The bold text of the enclosed notice must be printed in the newspaper in a font style or size that distinguishes it from the rest of the notice (i.e., bold, italics). Failure to do so may require re-notice.

Alternative Language Notice

In certain circumstances, applicants for mr permits must complete notice 111 alternative languages.

• Public notice rules require the applicant to detennine whether a bilingual progrmn is required at either the elementaTy or middle school nem·est to the facility or proposed facility location. Bilingual education programs are determined on a district-wide basis. When students who are required to attend either school m·e eligible to be enrolled in a bilingual education program, some alternative language notice is required (signs, or signs m1d newspaper notice).

• Since the school district, ;omd .not the schools, must provide the bilingual education program, these progrmns do not have to be located at the elementary or middle school nemest to the facility or proposed facility to trigger the alternative lm1guage notice requirement. If there are students who would normally attend the nemest schools eligible to be taught in a bilingual education program at a different location, alternative language notice is required.

• If triggered, publication of alternative language notices must be made in a newspaper or publication primmily printed in each language taught in the bilingual education progrmn. This notice is required if such a newspaper or publication exists in the municipality or the county where the facility is or will be located.

• The applicmt must demonstrate a good faith effort to identify a newspaper or publication in the required lmguage. If a newspaper or publication of general circulation published more thm1 once a month in such language cmmot be found, publishing in that language is not required, but signs must still be posted adjacent to each English language sign.

• Publication in 811 altemative lm1guage section or insertion within an English lm1guage newspaper does not satisfy these requirements.

• The applicant has the burden to demonstrate compliance with these requirements. To assist applicmts in meeting these requirements, the TCEQ has provided the Public Notice Verification Form (enclosed). You must fill out the Public Notice Verification Form indicating your compliance with the requirements regarding publication in <m alternative lm1guage. This form is also available at www. tceg .state. tx. us/ goto/air/publicnotice.

It is suggested the applicant work with the local school district to do the following:

(a) determine if a bilingual pro gram is required in the dis!Tict; (b) determine which language is required by the bilingual program; (c) locate the neaTest elementary and middle schools; and (d) determine if any students attending either school me eligible to be enrolled in a

bilingual educational prognm1.

• If you determine that you must meet the alternative language notice requirements, yon are responsible for ensuring that the publication in the alternative language is complete and accurate in that language. Since the most common bilingual programs are in Spanish, the TCEQ has provided example Spanish notice templates for your use. All italic notes. should be replaced with the corresponding Spanish tnmslations for the specific application and published in the altemative language publication. Electronic versions of the Spanish templates are available through the TCEQ Air Permits Division webpage at www. tceg .state. tx. us/ go to/ air/publicnotice.

If you are required to publish notice in a language other than Spanish, you must translate the entire public notice at your own expense.

Public Comment Period

• The public comment period should last at least 30 calendar days. With the exception ofrenewals whose comment period should last at least 15 calendar days.

• The comment period will be longer if the last day of the public comment period ends on a weekend or a holiday. In this case, the comment period will end on tl1e next business day.

• The comment period for the pe1mit may lengthen depending on whether a public meeting is held or if second notice is required. If a public meeting is held, the co1mnent period will be extended to the later of either the date of the public meeting or the end of the second notice period.

Proof of Publication

• Check each publication to ensme that the articles were acclJrately published. If a notice was not published correctly you may be required to republish.

• For each newspaper in which you published, you must submit original newspaper clippings or tear sheets of each published notice which shows the complete notice that was published, the date of publication, and the name of the newspaper to the TCEQ Office of the Chief Clerk within 10 business days after the date of publication.

• You must submit an original publisher's affidavit of publication and alternate language affidavit of publication (if applicable) to the Office of the Chief Clerk within 30 calendar days after the date of publication. You must usc the enclosed affidavit forms. The affidavits must clearly identify the applicm1t's nm11e and permit number. You are encouraged to submit the affidavit with the original newspaper clippings described above.

• You must submit the Public Notice Verification Form to the TCEQ Office of the Chief Clerk within 10 business days of the end of this public comment period. You must use this form to certify that you have met bilingual notice requirements.

The original publisher's affidavits, Public Notice Verification Form, and original newspaper clippings of the published notices must be mailed to:

TCEQ Office ofthe Chief Clerk, MC-105

Attn: Notice Team P.O. Box 13087

Austin, Texas 78711-3087

• Please ensme that the affidavit and newspaper clippings you send to the TCEQ Chief Clerk are originals and that all blanks on the affidavit are filled in correctly. Photocopies of newspaper clippings and affidavits will not be accepted.

• Photocopies of newspaper clippings, affidavits, and verifications must also be sent to those listed on the enclosed Notification List within the deadlines specified above.

Failure to Publish and Submit Proof of Publication

You must meet all publication requirements. If you fail to publish the notice or submit proof of publication on time, then the TCEQ may suspend further processing on your application or take other actions.

Sign Posting

Applicants for air quality permits must also post signs.

• You must post at least one sign in English and as applicable, in each alternative lm1guage.

• Signs must be in place on the first day of publication in a newspaper and must remain in place m1d be legible and be visible from tl1e street for the entire dLJration oftl1e publications' designated comment period.

The sign template enclosed (Example C) is an exmnple only. Read the sign template carefully m1d notify the TCEQ if it has an error or omissions. It is your responsibility to verify that the appropriate information pertaining to your application is accmate. Any changes to the text prepared by the TCEQ must be approved by the agency.

Signs placed at the site must be located within 10 feet of each (every) property line paralleling a public street, road, or highway. Signs musts be spaced at not more than I ,500-foot intervals. A minimum of one sign, but not more tha11 t111·ee signs are

required along any property line paralleling a public street, road, or highway. Sign(s) must be placed at a sufficient height above the ground that is necessary for sign(s) to be I 00 percent visible from the street.

All lettering on the sign must be at least l Y," in height with block printed capital lettering. The sign must be at least 18" wide and 28" tall, <Uld consist of black lettering on a white background.

• Alternative language signs are required if alternative notice is required, even if no newspaper can be found.

Inspect ea~h posted sign daily to ensure it is present and visible throughout the entire comment period.

• You must submit verification of sign posting using the Public Notice Verification Form within 10 business days after end of the publications' designated comment period. Do not submit the Public Notice Verification Form verifying sign posting until after the comment period is over. You carmot certify that the sign posting is in compliance until after the comment period is over.

Application in a Public Place

• You must provide a copy of the administratively complete application at a public place for review and copying by the public. This place must be in the county in which the facility is located or proposed to be located.

A public place is one that is publicly owned or operated. For. exa111ple, libraries, county courthouses, or city halls.

• The administratively complete application must be available beginning on the first day of newspaper publication a:tld remain available during the public comment period.

If the application is submitted to tl1e TCEQ witl1 infonnation marked as confidential, you ar·e required to indicate which specific portions of the application are not being made available to the public. These portions of the application must be accompanied with the following statement: "Any request for portions of this application that are marked as confidential must be submitted in writing, pursuant to the Public Information Act, to the TCEQ Public Infom1ation Coordinator, MC- I 97, P.O. Box 13087, Austin, Texas 78711-3087."

• You must submit verif1cation of file availability using the Public Notice Verification Form within 10 business days after end of the publications' designated comment period. Do not submit the form verifying that the application was in a public place until after the comment period is complete. If a public meeting is held or second notice is required causing the public conm1ent pe1iod to be extended, at a later date you will be required to verify that ti1e application was in a public place during the entire public comment period.

General Information

When contacting the Commission regarding this application, please refer to ti1e permit number at the top of the Notice of Application and Intent to Obtain Permit.

If you wish to obtain an eleclmnic copy, please contact the initial reviewer who assisted in the preparation of this public notice package. The electronic version is available in Word format only and can be requested once your application has been declared administratively complete. Please ensure ti1at the electronic version is correct and consistent with the hard copies that were provided. Any revisions made may not be accepted. You may download copies of the Public Notice Verification Fmm and Affidavit forms by visiting our agency web site at www. tceg. state. tx. us/ goto/ air/publicnotice.

If you have questions or need assistance regarding publication requirements, please contact the TCEQ Office of the Chief Clerk at (512) 239-3300 or the administrative reviewer listed in the cover letter.

TCEQ - Office of the Chief Clerk MC-105 Atb1: Notice Team P.O. Box 13087 Austin, Texm; 78711-3087

STATE OF TEXAS

COUNTY OF

Applicant Name:

Permit No.:

._ Grain, Inc. 80404

Notice of Intent to Obtain Permit

AFFIDAVIT OF PUBLICATION § § § -------------------

Before me, the undersigned authority, on this day personally appeared



of the ; that said newspaper is generally -----------------(iTn_a_m_e_o_if"n_e_w_s_p_a_p_e_0_------------------

circulated in -----~~---~~~-------------~~~--~--------~~~~-------'Texas; (in the municipality or nearest municipality to the proposed facility)

that the attached notice was published in said newspaper on tl1e following date(s):

(Newspaper Representative :S Signature)

Subscribed and swom to before me this the _____ d.ay of ______________ , 20 _____ , to certify which witness my hand and seal of office.


Print or Type Name ofNotmy Public

My Commission Expires -------

TCEQ - Office ofthe Chief Clerk MC-105 Attn: Notice Team 1'.0. Box 13087 Austin, Texas 78711-3087

Applicant Name: 'I_ _ Grain, Inc. Permit No.: 80404

Notice of Intent to Obtain Permit

ALTERNATIVE LANGUAGE AFFIDAVIT OF PUBLICATION STATE OF TEXAS §

§ COUNTYOF §

Before me, tl1e undersigned authority, on this clay personally appem·ed



oftl1e ----------------------~(i'na_J_n_e_o'if~n-e-w-sp-·-ap_e_l') ____________ ___

; that said newspaper is generally

circulated in , Texas (in the municipality or the same county as the proposed facility)

that the attached notice was published in said newspaper on the following clate(s):

(Newspaper Representatives Signature)

Subscribed m1cl swom to before me this the ___ day of ___________ , 20 ___ , to certify which witness my hm1d and seal of office.



My Commission Expires ------

OCC# --------~ .. ---·-·-

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ('J'CL:Q use only)


Applicant Name: Adair Grain lnc. dba West Fertilizer Com]:J""an=-------------------

Site or Facility Name: West Fertilizer Com]:Jany

TCEQ Account Number (if applicable): -"M~Bc:c-0"-'1"'4""5"'-S"'---------- Permit Number: _,8'-'0"'4""04"---------

Regulated Entity Number: -"R"N,._-,_,10'-'0"'9"'8"'54"'0"--'7'--------- Customer Number: _,C""N"'-"-60"-"3"--'l'-"2'--'9"'4-"12"---------

All applicants must complete all applicable portions ofthis form. The completed form should be sent to the TCEQ to the attention of the Office of the Chief Clerk. For more information regarding public notice refer to the instructions in the public notice package.

ALTERNATIVE LANGUAGE CtJECJ(LlST • . ·.•· ··.,

.

I have contacted the appropriate school district. DYES ONO

A bilingual education program is required by the Texas Education Code in the district. DYES ONO

School District: Phone:

Person Contacted: Date:

The name of the elementary school nearest to the proposed or existing facility is:

The name of the middle school nearest to the proposed or existing facility is:

Students who attend one of the schools above are eligible to be enrolled in a bilingual program provided by the district. DYES ONO

The following language(s) is/are utilized in the bilingual program: j

_/ } __ ,_.,._._ ..•• _ .. ·.·•·-·{ <.ni_ .. _.-•. _ .. _.- .. - .--_ j\)o'J'.JI.lW~f.f\)"~.~~~~~l}<t~,<.YE_J<JFtCAnbl'i-c .•. _._·· _-._ -__ ·-••_--·•·-·<- -- T · .. ·.·····. ,· .. ·--..• ,·. <" · ... -·· . '"---·-- ~-- '" ·- -, . "' ' ' " ' - - - ' -- ' ,.

I verify that the area addressed by this permit application is subject to altemative language public notice requirements. DYES ONO

I verify that the applicant has conducted a diligent search for a newspaper or publication of general circulation in both the municipality and county in which the facility is located (or proposed to be located). DYES ONO I verify that no such newspaper or publication was found in any of the language(s) in which notice is required.

DYES ONO I verify that the publishers of the newspapers listed below refused to publish the notice as requested, and no other newspaper or publication in the sm11e language and of general circulation was found in the municipality or county in which the facilitJ' is located (or proposed to be located). DYES DNO ON/A

Newspaper: _ I Language:

I verify that bilingual sign(s) required by the TCEQ were posted. (if applicable) DYES ONO

I verify that original tear sheets of the newspaper alternative language notice(s) and the requested affidavits have been sent to the TCEQ. DYES ONO

-: -Signed by: =tt-pplicant: Title: Date:

-

TCEQ 20244-Air (Rev. 05/06) Pnl!c 16 of2

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Public Notice Verification Form

Air Permit



OCC# -·-·-------··--· (TCH) usc ()nly)

TCEQ Account Number (if applicable): -"M"""B""-O"--'l'-"4"'5.:o-S,__ _______ ~ Permit Number: _,8'-'0~4-"-0--'-4 ______ _

Regulated Entity Number: -'RN"'--'-1"-'0'-'0'"'9-"8"-54-"0"-'7'--------- Customer Number: __,C"'N-"6"'0"'3'"'1-"-29"-4-'-'1'-'2~------

-·· .. '". NKWSOURCE REVIEWPERMITNOTICE VKRlFlCA TION

.··

.· ' ' ' ' ·. '··. ' '_·. ·, '

· ..

I verify that the required signs (for I'' notice) were posted in accordance with the regulations and instructions of the TCEQ.

DYES DNO I verify that original tear sheets of the newspaper notices and the requested affidavits have been fumished in accordance with the regulations and instructions of the TCEQ. DYES DNO Notice of Receipt of Application and Intent to Obtain Permit (!''Notice): I verify that a copy of the complete air quality application, and any revisions, were available for review and copying at the public place indicated below throughout the duration of the public comment period. DYES DNO

Notice of Application and Preliminary Decision (2"'' Notice, if applicable): I verifY tl1at a copy of the complete air quality application and draft permit, and any revisions, are available for review and copying at the public place indicated below from the first day after newspaper publication; and

I also verifY that the air quality application m1d draft permit, and any revisions, will remain in the designated public place until either:

I) the TCEQ acts on the application; or 2) the application is referred to the State Office of Administrative Hearings (SO AI-I) for hearing.

DYES DNO

Name m1d Address of Public Place:

Signed by:

Title: /Date: .

. · .··•·•··.······•···

"""' ... ·.· ... ·.·- .···. . . . . . .· .. ~ --·· N- .. · ·.··. ·.··.. . . .-.·_- ... . -~> FEDERAL OPERATING PERMIT (t!TLEV) · OTICE VERIFICATION . • c . . ·. . .. . . . . . . . •"-

I verify that the required signs were posted in accordance with the regulations and instructions of the TCEQ.

DYES DNO

I verify that original tear sheets of the newspaper notices and the requested affidavits have been furnished in accordance with the regulations and instruction of the TCEQ. DYES DNO I verify that a copy ofthe complete air quality application and draft permit, and any revisions, were available for review and copying at the public place indicated below throughout the duration ofthe public comment petiod.

DYES DNO Name and Address of Public Place:

Signed by:

Title: I Date: - - -

TCEQ 20244~Air (Rev. 05/06) l'agc 16 of2

NOTIFICATION LIST

It is the responsibility of the applicant to furnish the following offices with copies of the notices published, the Affidavits of Publication, the Alternative Language Affidavit of Publication (if applicable), <mel a completed copy of the Public Notice Verification Form. Originals should be sent to the TCEQ Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. Copies should be sent to the following:

U.S. Enviromnental Protection Agency Regional Administrator Region 6 1445 Ross A venue Dallas, Texas 75202-2733

Air Section Manager Waco Regional Office 6801 S:mger Ave. Ste 2500 Waco, Texas 76710-7826

Texas Commission on Enviro1m1ental Quality Offlce of Permitting, Remediation, and Registration Air Pennits Division (MC-163) Ms. Stephanie Howell P.O. Box 13087 Austin, Texas 78711-3087

Kathleen T-Jartnet! Vl'hite, Chuirnwn

Larry R.. Soward, Commissioner

lVlmtin A. 1-Iuberl, Commiss{oner



The Honorable Charles "Doc" Anderson Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910

January 22, 2007

Re: Small Business Stationary Source Application for aJ1 Air Quality Permit Bulk Dry Fertilizer Plant

Dear Representative Anderson:

Pursuant to the requirements of Section 382.0516 of the Texas Clean Air Act, Texas Health ru1d Safety Code, Chapter 382, this letter is to notify you of the recent receipt of an application for a pennit small business stationary facility which is located in your district. As pm·t of the air pennitting process, this applicm1t will be required to publish a fonnal public notice in a newspaper of general circulation in the municipality nemest to the facility loc.ation. The notice will inf01m the public of their right to ask questions, make comments, req Lttost a public heming, or request a public meeting. This letter is being sent to you for information only and no action is required. The status of all pending air quality applications may be viewed by visiting our agency web site at www2.tceq.state.tx.us/aitperm.

Adair Grain, Inc. elba West Fertilizer Company, P.O. Box 399, West, Texas 76691, has applied to permit an existing Bulk Dry Fertilizer Plant located at 1471 Jerry Mashek Drive, West, McLennan Cotmty, Texas. The Air Quality Pe1mit Nm11ber is 80404.

If you need further information or have any questions, please call Ms. Stephanie Howell at (512) 239-1560 or write her at the Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division (MC· 163), P.O. Box 13087, ALJstin, Texas 78711-3087.

Sincerely,

~~cAJ#~ Donald D. Nelon, Team Leader Air Permits I11itial Review Team Air Permits Division

DDN/SLH/to

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet aclclress: www.tccq.slate.tx.us pl'inteclOIIIC:GyclcrljmJlCr llsin~ soy-b:l~cd ink

Kathleen J-l<:utne:tt VVhite, Chairman

Larry R. Smvard, Commissioner

Martin A. I-Iubm·t, Co1nmissioner

Glenn Shankle, Executive Direc:lor

TEXAS COMMISSION ON ENVIRONMEJ\ITAL QUALITY Protecting Texas by Reducing and Preventing Pollution

Tbe Honorable Kip Averitt Texas Senate P.O. Box 12068 Austin, Texas 78711-2068

January 22, 2007

Re: Small Business Stationary Source Application for an Air Quality Permit Bulk Dry Fertilizer Plant


Pursum1t to tl1e requirements of Section 382.0516 of the Texas Clem1 Air Act, Texas Health and Safety Code, Chapter 382, tl1is letter is to notify you of the recent receipt o:f an application for a pen11it :for a small business stationm·y facility which is located in your district. As pmt of the air permitting process, this applicant will be required to publish a formal public notice in a newspaper of general circulation in the municipality nem-est to the facility location. The notice will infom1 the public of their right to ask questions, make comments, request a public hearing, or request a public meeting. This letter is being sent to you for information only and no action is required. The status of all pending air quality applications may be viewed by visiting our agency web site at www2.tceq.state.tx.us/airpem1.

Adair Grain, Inc. dba West Fertilizer Company, P.O. Box 399, West, Texas 76691, has applied to pem1it m1 existing Bulk Dry Fertilizer Plant located at 1471 Jerry Mashek Drive, West, McLennan County, Texas. The Air Quality Permit Number is 80404.

If you need further information or have m1y questions, please call Ms. Stephanie Howell at (512) 239-1560 or write her at the Texas Commission on Enviromnental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division (MC-163), P.O. Box 13087, Austin, Texas 78711-3087.

Sin cerci y,

~~~71~---Donald D. Nelon, Team Leader Air Permits Initial Review Team Air Pem1its Division

DDN/SLH/to

P.O. Box 13087 • Austin, Texas 78711-3087 • 512./239-1000 • Interne! address: www.tceg.stalc.tx.us

Interim New Source Revie\, '111itting IMS

01110/2007-------------- NSR PERMITS IMS- PROJECT RECORD--------------------------------------------------------------

PROJECT#: 125836 PERMIT#: 80404 STATUS: P DISP CODE:

RENEWAL: RECEIVED: 11/14/2006

FEE DATE: 11120/2006

STDX,PBR#,STDP: 0000

PROJTYPE: CRVW

FEE AMT: $ 900

CHECK NUMBER: 3236

PROJ-ISSUE DATE:----

PROJECT NAME: BULK DRY FERTILIZER PLANT

GROUP: PAR

PARSTAFFl :PRADO, ESTHER

PARSTAFF2: OYLER, TONI

GROUP: MIA

TEAMLDR : TEAM LEADER, MECH/AG

ADMIN REVIEW

A - PAR RECEIVED : 11114/2006 A - TELECONS :

A -ADMIN DEF CYCLE :

A- CN/RN REQ FROM CENTRAL REG :

A - PN DRAFT SENT TO COMPANY:

12113/2006

12113/2006

01109/2007

01/09/2007

A- CN/RN REC FROM CENTRAL REG :

A- PN DRAFT APPROVED :

A -PAR TRANSFER TOAPD: 01110/2007 A -LEGISLATOR LTR:

A- 1ST PUBLIC NOTICE: 01110/2007

12113/2006

12/14/2006

01/09/2007

01/10/2007

A - SITE REVIEW RFC :

A- ADMINCOMP :

ISSUED TO: ADAIR GRAIN INC

COMPANY NAME: ADAIR GRAIN INC

CUSTOMER REGISTRY ID: CN603129412

PRIMARY CONTACT INFORMATION

CONTACT TYPE: RESPONSIBLE OFFICIAL

NAME: MR TED .l UPTMORE TITLE: GENERAL MANAGER

EMPLOYER NAME: WEST FERTILIZER COMPANY

PHONE: 254-826-5309 ext

STREET: PO BOX 399

PROJECT INFORMATION

UNIT: BULK DRY FERTILIZER PLANT

SIC: 5t53 REGION: 9 ACCOUNT: MBOI45S

SITE NAME: WEST FERTILIZER

COUNTY: MCLENNAN

CAPACITY:

CAPUNITS:

CITY:WEST

LOCATION: I471 JERRY MASHEK DRIVE

PUBLIC NOTICE

FAX: 254-826-4325 ext

CITYISTATE,ZIP: WEST, TX, 7669t-

REG ENTITY ID: RNI00985407

UNITTYPE:

PUBLIC NOTICE REQUIRED?: Y .

PN- ED AGENDA POST:

PNI ALT LANGUAGE: NO PN2 ALT LANGUAGE: NO

EMISSION RATES

jlroNSIYR REDUCTIONIINoxl/~lvoci/PMllso2iloTHERiiToTALI/

PROJECT NOTES

ADMINISTRATIVE: DELINQUENT FEES CHECKED ON 12113/2006 AND 119/2007.

TECHNICAL ACTIVITY HISTORY

Page 1 of2

01109/2007

01/10/2007

http:/ /ntcfj:Jrd/nsrpims/proj ect/index.cfin ?fuseaction=printproj ect&proj_ num= 125 83 6&for... 1/1 0/2007

Interim New Source Review~ ~mitting IMS

TR - ENGINEER RECEIVE PROJECT:

TR -DEFICIENCY CYCLE:

TR- DRAFT PERMIT REVIEW CYCLE:

TR- MODELING AUDIT CYCLE:

TR- TOXICOLOGY RFC CYCLE:

TR -FINAL PKG REWORK CYCLE:

TR- MODELING CYCLE APPLICANT:

TR- MODELING CYCLE INTERNAL:

TR- WPO FINAL PACKAGE CYCLE:

PROJECT ATTRIBUTES

FEE RECEIPT NUMBER: R717127

PROJECT LINK

PROJECTS/PERMITS VOIDANCE

SUP- RECEIVED FROM PAR:

TR -FINAL PKG TO SECTION MGR:

Page 2 of2

TR- FINAL PKG TO TEAM LEADER:

http://ntc:fjJrd/nsrpims/proj ect/index.cfm ?fuseaction=printproject&proj_ num= 125836&for... 1/10/2007

Mail Envelope Properties (45A4065B.A20: 2: 35706)

Subject: Creation Date From:

Site Review/Request for Comments for Project Number 125836 1/9/2007 3:17:15 PM Toni Oyler

Created By: [email protected]

Recipients tceq.state.tx.us OWRMPO.TNRDOM3 RFCA1R9 (RFCA1R9)

Post Office OWRMPO.TNRDOM3

Files MESSAGE TEXT.htm 125836_SR.wpd

Options Auto Delete: Expiration Date: Notify Recipients: Priority: Reply Requested: Return Notification:

Concealed Subject: Security:

To Be Delivered: Status Tracking:

Size 302 318 24420

No None Yes Standard No None

No Standard

Action Date & Time

Delivered 1/9/2007 3:17:18 PM

Delivered Route 1/9/2007 3:17:18 PM tceq.state.tx.us

Date& Time 1/9/2007 3:17:15 PM

1/9/2007 3:17:02 PM

hnmediate Delivered & Opened

Request for Comments -- Site Review TCEQ -- Air Permits Division

Phone: (512) 239-1250 Fax: (512) 239-1300

Submitted by: Air Permits Initial Review Team

TO: Region: 9 City: West County: Mclennan .

Date Request Submitted: 01/09/2007

Comments Deadline is 21 calendar days from the Date Request Submitted.

Date Application Received by Air Permit Initial Review Team: November 14,2006

REGIONAL OFFICES: Please return comments to the appropriate Permitting Team Leader indicated on the bottom of this page ASAP, but no later than the comments deadline which is 21 calendar days from the submittal date. Permit disposition will proceed after comments are received or after the comments deadline has passed. Engineer may request faster response if needed.

PERMIT TYPE:

XConstruction Amendment Revision

Renewal Renewal Abbreviated Review Other

Project No.: 125836 I PERMIT No.: 80404

TCEQ Account No (if applicable).: MB-0145-S

Regulated Entity No.: RN100985407 I Customer No.: CN603129412


Plant Name: West Fertilizer City: West County: McLennan

Location: 1471 Jerry Mashek Drive

Unit Name: Bulk Dry Fertilizer Plant

Technical Contact: Ted J Uptmore Phone: (254) 826-5309

Local Program Applicable?: Yes:, No Local Programs:

Request for Comments -- Site Review RESPONSE

PLEASE SEND COMMENTS TO THE PERSON IDENTIFIED BELOW. (To avoid delays, glease do not send this back to the Air Permits Initial Review Team.}:

To: Stephanie Howell - Air Permits Division- Austin (M/A) E-Mail: showell Phone: (512) 239-1560 X

To: Mike Gould -Air Permits Division -Austin (M/C) E-Mail: mgould Phone: (512) 239-1097

To: Erik Hendrickson- Air Permits Division - Austin (Comb) E-Mail: ehendric Phone: (512) 239-1095

To: Mike Coldiron -Air Permits Division - Austin (Coat) E-Mail: mcoldiro Phone: (512) 239-5027

To: Dana Vermillion- Air Permits Division- Austin (Chern) E-Mail : dpoppa Phone: (512) 239-1280

To: J E-Mail: Phone: 1 Fax:(512) 239-1300

FROM: Region: 9 City: West County: Mclennan

Compliance: I

Legal:

Copy of Application Received by your Office: - YES - NO

Date Received:

PERMIT No. 80404 PROJECT No. 125836

TCEQ ACCOUNT NUMBER: MB-0145-S


Investigator's/Compliance Officer's Name (Please Print):

Organization Phone:

Comments Deadline:

Date of Last Site Visit:

SITE INFORMATION:

Nuisance/Odor Potential: _Low _Moderate _High

Hazard Potential: _Low _Moderate _High

Surrounding Land Use:

School within 3,000 feet? - Yes - No

Distance to Nearest Off-Property Receptor:

Receptor Type: School Residence Other

Distance from unit to nearest property line:

Describe area surrounding nearest receptor:

NOV INFORMATION (concerning affected process unit):

Type of Site: _Existing _Similar in Texas _ Similar in U.S.

NOV Issued? - No - Yes Date:

Type of Violation:

Please provide any information the permit engineer needs concerning the current NOV status

Summarize any recent complaints related to this facility:

Recommendation based on Compliance History: (*For Compliance Use Only)

Proceed with Permit Review Additional Provisions Deny Permit

SITE REVIEW:

In light of the proximity of sensitive receptors and the surrounding land use, please discuss any concerns you have concerning a facility of this type locating at the proposed site.

-'-


LatTy R. Soward, Commissioner



Mr. Ted J. Uptmore General Manager Adair Grain, Inc. P.O. Box 399 West, Texas 76691

Re: Permit Application Permit Number: 80404 Dry Fertilizer Plant West, McLem1an County

March 15, 2007

Regulated Entity Number: RN1 00985407 Customer Reference Nun1ber: CN603129412 Account Number: MB-0145-S

Dear Mr. Uptmore:

This is in response to your Form PI-1 (General Application for Air Preconstruction Pennits and Amendments) concerning the above-referenced facility. Also, this will acknowledge that your application for the above-referenced permit is technically complete as of March 2, 2007.

A permit for your new facility is enclosed. The permit contains several general and special conditions that define the level of operation and a maximun1 allowable emissions rates table. We appreciate your careful review of the special conditions of the permit and assuring that all requirements are consistently met. In addition, the construction and operation of the facilities must be as represented in the application.

This permit will be automatically void upon the occurr-ence of any of the following, as indicated in Title 30 Texas Administrative Code § 116.120(a) [30 TAC § 116.120(a)]:

1. Failure to begin construction within 18 months of the date of issuance,

2. Discontinuance of construction for more than 18 months prior to completion, or

3. Failure to complete construction within a reasonable time.

Upon request, the Texas Commission on Enviromnental Quality (TCEQ) Executive Director may grant extensions as allowed in 30 TAC § 116.120(b).

This permit will be in effect for ten years from the date of approval.\

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us printed on recycled pa!Jcr u~ltlg soy-based ink

Mr. Ted J. Uptmore Page 2 March 15, 2007

Re: Permit Number: 80404

/

You may file a motion to overturn with the Chief Clerk. A motion to overturn is a request ior ·the commission to review the TCEQ Executive Director's approval of the application. Any motion must explain why the commission should review the TCEQ Executive Director's action. ·

A motion to overturn must be received by the chief clerk within 23 days after the date of this letter. An original and 11 copies of a motion must be filed with the chief clerk in person or by mail. The Chief Clerk's mailing address is Office of the Chief Clerk (MC-105), Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. On the smne day the motion is transmitted to the chief clerk, please provide copies to Mr. Robert Martinez, Director, Enviromnental Law Division (MC-173), m1d Mr. Bias J. Coy, Jr., Public Interest Cotmsel (MC-1 03), both at the smne TCEQ address above. If a motion is not acted on by the commission within 45 days after the date of this letter, then the motion shall be deemed overruled.

Thmlic you for your cooperation and interest in air pollution control. If you need further information or have any questions, please contact Ms. Faith Melgaard at (512) 239-0266 or write to the Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division (MC-163), P.O. Box 13087, Austin, Texas 78711-3087.

This action is taken under authority delegated by the Executive Director of the TCEQ.

Sincerely,

~~;OO~m Air Permits Division Office of Permitting, Remediation, and Registration Texas Commission on Environmental Quality

RAH/FJM/ssl

Enclosures

cc: Air Section Manager, Region 9 - Waco

Project Number: 125836

TEXAS CON~ .liSSION ON ENVIRONMEN1. _ _,_,QUALITY AIR QUALITY PERMIT

A PERMIT IS HEREBY ISSUED TO

Adair Grain, Inc. AUTHORIZING THE CONSTRUCTION AND OPERATION OF

Dry Fertilizer Plant LOCATED AT West, McLennan Connty, Texas

LATITUDE 31° 83' 70" LONGITUDE 097° 09' 57"

I, Fncilitics covered by this permit shall be constructed and operated as specified in the application for the permit. All representations regarding construction plans and opemtion procedures contained in the permit applicalion shall be conditions upon which the permit is Issued. Variations from these representations shall be unlawful unless the permit holder first mukcs application to the Texas Commission on Environmental Quality (commission) Executive Director to amend this permit in that regard and such amendment is approved. [Title 30 Texas Administrative Code § 116.116 (30 TAC * 116. 116)]

2. Voiding of Permit. A permit or permit amendment is automatica11y void if the holder fails to begin construction within 18 months of the date of issuance, discontinues construction for more than 18 months prior to completion, or fails to complete co11struction within a reasonable time. Upon re<1uest, the execLitive director may grant an l8~month extension. Before the extension is granted the permit may be subject to·revision based on best available control technology, lowest achievable emission rate, and netting or offsets as applicable. One additional extension of up to 18 months may be granted if the permit holder demonstrates that emissions from the facility will comply with allmles and regulations of the commission, the intent of the Texas Clean Air Act (TCAA), including protection of the public's health and physical property; and (b)(l)tbe permit holder is a party to litigation not of the permit holder's initiation regarding the issuance of the permit; or {b)(2) the permit holder has spent, or committed to spend, at le.astl 0 percent of the estimated total cost of the project up to a maximum of $5 million. A permit holder granted an extension under subsection (b)(l) of this section may receive one subsequent extension if the permit holder meets the conditions of subsection (b)(2) of this section. [30 TAC § 116, 120(a), (b) and (c)]

3. Construction Progress. Start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office of the commission not later than 15 working days after occurrence of the event. [30 TAC § 116.115(b)(2)(A)]

4. Stnrt-up Notification. The appropriate air program regional ofike shall be notified prior to the commencement of operations of the facilities authorized by the permit in such a manner that a representative of the commission may be present. The permit holder shall provide a separate notification for the commencement of operations ibr each unit of phased construction, which may involve a series of units commencing OJJerations at different times. Prior to operation of the facilities authorized by the permit, the permit holder shall identify to the Office of Permitting, Remediation, and Registration the source or sources of allowances to be utilized for compliance with Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program). [30 TAC § 116. 115(b)(2)(B)]

5. Sampling Requirements. If sampling is required, the permit holder shall contact the commission's OffJCe of Compliance and Enforcement prior to sampling to obtain the proper data forms and procedures. All sampling and testing procedmes must be approved by the executive director and coordinated with the regional representatives of the commission. The permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant. [30 TAC § 116.115(b)(2)(C)]

6. Equivnlcncy of Methods. The permit holder must demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed ·as alternatives to methods indicated in the conditions of the permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the executive director prior to their use in fulfilling any requirements of the permit. [30 TAC § 116.115(b)(2)(D)]

7. Rccordkceping. The permit holder shall maintain a copy of the permit along with records containing the information and data sufficient to demonstrate compliance with the permit, including production records and operating hours; keep all required records in a file at the plant site. u: however, the facility normally operates unattended, records shall be maintained at the nearest staffed location within Texas specified in the application; make the records available at the request of personnel from the commission or any air pollution control program having jurisdiction; comply with any additional recordkeeping requirements specified in special conditions attached to the permit; and retain information in the file for at least two years following the date that the information or data is obtained. [30 TAC § 116.115(b)(2)(E)]

8. Mri.ximum Allowable Emission Rates. The total emissions of air contaminants from any of the sources of elnissions must not exceed the values stated on the table attached to the permit entitled "Emission Sources~~Maximum Allowable Emission Rates." [30 TAC § 116.ll5(b)(2)(F)]

9. Mnintemmce of Emission Contl·ol. The permitted facilities shall not be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. The permit holder shall provide notification for upsets and maintenance in accordance with §§ 101.201, 101.211, and 101.221 of this title (relating to Emissions Event Reporting and Recordkeeping Requirements; Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkcep'mg Requirements; and Operational Requirements). [30 TAC § 116.115(b)(2)(G)]

10. Complinncc with Rules, Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit holder will comply witl1 all rules, regulations, and orders of' the commission issued in conformity with the TCAA and the conditions precedent to the granting of the pcrinit. If more than one state or federal rule or regulation or permit condition is applicable, the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance Includes consent to the entrance of commission employees and agents into the permitted premises at reasonable times to investigate condilions relating to the emission or concentration of air contaminants, including compliance with the permit. [30 TAC § 116. ll5(b)(2)(1-I)]

11. This permit may be appealed pursuant to 30TAC § 50.139.

12. This permit may not be transferred, assigned, or conveyed by the holder except as provided by rule. [30 TAC § 116.110(e)]

13. There may be additional special conditions attached to <I permit upon issuance or modification of the permit. Such conditions inn permit mny be more restrictive than the requirements of Title 30 ofU1e Texas Administrative Code. [30 TAC § 116. llS(c)]

14. Emissions from this facility must not cause or contribute to a condition of"air pollution" as defined in TCAA § 382.003(3) or violate TCAA § 382.085, as codified in the Texas Health and Safety Code. If the executive director determines that such a condition or violation occurs, the holder shall implement additional abatement measures as necessary to control or prevent the condition or violation.

PERMIT 80404

Date: March 15, 2007 For the Commission

SPECIAL CONDITIONS

Permit Number 80404

EMISSION LIMITATIONS

I. This pem1it covers only those sources of emission listed in the attached table entitled "Emission Sources - Maximum Allowable Emission Rates." Total emissions from these facilities shall not exceed the values stated on the maximum allowable emission rates table.

OPERATIONAL AND WORK PRACTICE REPRESENTATIONS

2. Emission rates for the facility are based on and the facilities are limited to the following:

Source Name

Receiving Operations

Handling/Mixing Operations

Loadout Operations

Maximum Hourly Throughput (Tons)

25

35

10

Maximum Annual Throughput (Tons)

4,771

4,771

4,771

No changes shall be made to the above limitations without prior approval by the Texas Commission on Environmental Quality (TCEQ).

3. As represented in the pennit application, the following shall occur:

A. Fugitive emissions from the receiving area shall be minimized through the use of"choke feeding." Operation of conveyors associated with receiving shall not commence until the receiving pad is full.

B. Fertilizer shall not be received, transfened, or loaded out pneumatically.

C. Allloadout devices (augers, drop spouts, etc.) shall be equipped with drop socks at the drop point to minimize fugitive emissions from loadout areas.

D. Spillage of any raw products, finished products, or waste products shall be cleaned up on a daily basis.

Sill'<EGIAL CONDITIONS Permit Number 80404 Page 2

E. All in-plant roads, truck loading and unloading areas, parking areas, and other traffic areas shall be sprinkled with water, and/or be treated with effective dust suppressant(s), and/or be paved (with a cohesive hard surface) and cleaned as necessary to maintain compliance with all TCEQ rules and regulations .

• '1RECORDKEEPING REQUIREMENTS

4. Records of aruma! throughputs shall be maintained at this facility and made available at the request of persmmel from the TCEQ or any other air pollution control program having jurisdiction to demonstrate compliance with annual throughput limitations. These records shall be retained for a rolling 24-month period.

Dated March 15. 2007

EMISSION SOURCES - MAXIMUM ALLOWABLE EMISSION RATES

Permit Number 80404

This table lists the maximum allowable emission rates and all sources of air contaminants on the applicant's property covered by this permit. The emission rates shown are those derived from information submitted as part of the application for permit and are the maximum rates allowed for these facilities. Any proposed increase in emission rates may require an application for a modification of the facilities covered by this permit.

AIR CONTAMINANTS DATA

Emission Source Air Contaminant Emission Rates * Point No. (1) Name(2) Name (3) lblhr TPY

1 Receiving Operations PM/PM10 0.05 <0.01

2 and3 Handling/Mixing Operations PM/PM10 0.70 0.05

4 Loadout Operations PM/PM10 0.20 0,05

(1) Emission point identification- either specific equipment designation or emission point number from plot plan. (2) Specific point source name. For fugitive sources use area name or fugitive source name. (3) PM particulate matter, suspended in the atmosphere, including PM10

PM10 - particulate matter equal to or less than 10 microns in diameter. Where PM is not listed, it shall be assumed that no PM greater than 10 microns is emitted.

* Refer to Special Condition No. 2 for throughput limitations and basis of emission rates.

Dated March 15,2007

Company: City: County: Project Type: Project Reviewer: Facility Name:

Authorization Checklist

Construction Permit Review Analysis & Technical Review

Adair Grain, Inc. West McLennan CRVW Ms. Faith Melgaard Dry Fertilizer Plant

Permit No.: Record No.: Account No.: Regulated Entity No.: Customer Reference No.:

80404 125836 MB-0145-S RN100985407 CN603129412

Will a new policy/precedent be established? (ED signature required if yes) ............................................ No Is a state or local official opposed to tbe permit?(ED signature required if yes) ......................................... No Is waste or tire derived fuel involved? (ED signature required if yes) ................................................. No Are waste management facilities involved?(ED signature required if yes) ............................................. No Will action on Ibis application be posted on tbe Executive Director's agenda? .......................................... Yes Have any changes to tbe application or subsequent proposals been required to increase protection of public health and the environment during tbe review? ........................................................... No

Project Overview Adair Grain, Inc. is applying for a constmction permit for their previously grandfatbered fertilizer plant. Total annual emissions are:

Contaminant PM/PM10

Emissions (tpy) 0.11

Compliance History In complim1ce with 30 TAC Chapter 60, a compliance history report was prepared on: .............................. 2/27/2007 Was tbe application received after September I, 2002? ............................................................ Yes

If yes, what was the site rating? 3.01 (Avg by Default) Company rating? 3.01 (Avg by Default) Is tbe permit recommended to be denied or has tbe permit changed on tbe basis of compliance history or rating? ............... No

Public Notice Information §39.403 Public notification required? ......................................................................... Yes

§39.418 §39.603

§39.604

§39.419

A. Date application received: November 14, 2006 Date Administrative Complete: ...................... 1/10/07 B. Small Business source? ...................................................................... Yes C. Date 1st Public Notice /Admin Complete/Legislators letters mailed: .............................. 1/10/2007 D. Pollutants: Particulate matter less than 10 microns in diameter. R Date Published: 2/8/2007 in: The West News

Date Affidavits/Copies received: 2/20/2007 F. Bilingual notice required? ................................................................... No*

*There is no bilingual program provided by the local school district. G. Certification of Sign Posting I Application availability ......................................... 2/16/2007 H. Public Comments Received? No 2nd Public Notification required? .................................................................. No If no, give reason: No comment received during initial public notice.

Emission Controls § 116.lll(a)(2)(G) §116.140

Is the facility expected to perform as represented in tbe application? ............................ Yes Permit Fee: $900.00 Fee certification provided? . . . . . . . . . . . . . . . Yes, R717127

Sampling and Testing §116.lll(a)(2)(A)(i) Are tbe emissions expected to comply with all TCEQ air quality rules and regulations, and tbe intent oftbe Texas

Clean Air Act? ......................................................................... Yes § 116.lll(a)(2)(B) Will emissions be measured? .......................................................... Yes

Method: Record Keeping

Permit No. 80404 Page 2

Review Analysis & Technical Review Regulated Entity No. RNI00985407

Federal Program Applicability § 116.11l(a)(2)(D) Compliance with applicable NSPS expected? ............................................. N/A § 116.111 (a)(2)(E) Compliance with applicable NESHAP expected? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N/A §116.lll(a)(2)(F) Compliance with applicable MACT expected? ............................................ N/A § 116.lll(a)(2)(H) Is nonattainment review required? ....................................................... No

A. Is the site located in a nonattainment area? ............................................ No !16.lll(a)(2)(I) Is PSD applicable? .................................................................. No

A. Is the site a federal major source (100/250 tons/yr)? ..................................... No

Mass Cap and Trade Applicability §116.1ll(a)(2)(L) Is Mass Cap and Trade applicable? ......................................................... No

Did the proposed facility, group of facilities, or accmmt obtain allowances to operate? ................. No

Title V Applicability §122.10(13)(A) IsthesiteamajorsourceunderFCAASectionl12(b)? ..............................•.............. No

(i). The site emits I 0 tons or more of any single HAP? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . No (ii). The site emits 25 tons or more of a combination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No

§122.10(13)(C) Does the site emit 100 tons or more of any air pollutant? ............................................ No § 122.10(13)(D) Is the site a non-attainment major source? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No

Request for Comments Region: 9 Reviewed by: Jack Bailey (no objections) City: Reviewed by: County: Reviewed by: TARA: Reviewed by: Legal: Reviewed by:

Process Description Fertilizer is received by truck or rail at a rate of25 tons per hour. Once received, the fertilizer is conveyed into storage bins inside the dry fertilizer warehouse at a rate of25 tons per hour. Fertilizer is then moved by front-end loader into the blender at a rate of I 0 tons per hour. After blending, the final mix is conveyed into a spreader aod loaded out through one loadout spout at a rate of I 0 tons per hour. This · facility has a maximuro annual throughput of 4, 771 tons per year.

Sources, Controls, Source Reduction and BACT [§ 116.1ll(a)(2)(C)] This facility emits particulate matter less than I 0 microns in diameter (PM10). Emissions from this facility are generated from the receiving, handling, mixing and loadout of fertilizer. Receiving emission are controlled by choke feeding, and loadout emissions are controlled by the use of a drop sock on the loadout spout. Spilled products are required to be cleaned up on a daily basis, and roads are to be sprinkled with water, and/or be treated with effective dust suppressant(s) and/or be paved to reduce fugitive emissions. This facility meets current BACT requirements.

Impacts Evaluation I. Was modeling done? No Type? N/A 2. Will GLC of any air contaminant cause violation ofNAAQS? ........................... No, Seasonal Minor Source 3. Is this a sensitive location with respect to nuisance? ...................................................... Low 4. Is the site within 3000 feet of any school? .............................. Yes, two schools are located within 3000 ft 5. Toxics Evaluation:

There are no toxic emissions associated with this facility. This facility emits PM10 • The proposed controls at this facility represent BACT, and no adverse impacts are expected to occur if the facility is operated in accordance with the penni!

The regional investigator described the area surrounding the facility as residential and farm land. There are two schools located within 3000 ft of this facility, however, the impact potential is described by the region as low. The nearest off property receptor, a residence, is 350ft from the plant.

Permit No. 80404 Page 3

Miscellaneous

Review Analysis & Technical Review Regulated Entity No. RN100985407

I. Is applicaot in agreement with special conditions? . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes, 3/2/2007 Company representative? ........................................................... Mr. Joe Henry Hanus

2. Emission reductions from source reduction or pollution prevention ........................................... No 3. Emissions reductions resulting from the application of BACT required by state rules, avoidance of potential impacts problems,

and voluntary reductions ............................................................................ No 4. Other permit(s) affected by this action? ................................................................. No

, •

Texas Commission on Environmental Quality Form PI-1 General Application for

Air Preconstruction Permits and Amendments

Uudate: The TCEQ requires that a Core Data Form be submitted on all incoming applications unless a Regulated Entity and Customer Reference Number has been issued by the TCEQ and no core data information has changed. For more information regarding the Core Data Form, call (512) 239-5175 or go to the TCEQ Web site at www.tnrcc.state.tx.us/pennitting!projects/cr.

l. APPLICANT lNFORMA TION .

A. Company or Other Legal Name: Adair Grain Inc. DBA West Fertilizer Company

Texas Secretruy of State Chatter/Registration Number (If Applicable):

B. Company Official Contact Name & Title: Ted J. Uptmore-General Manager

Mailing Address: PO Box 399

City: West State: Texas Zip Code: 76691

Telephone: 254-826-5309 Fax: 254-826-4325 E-mail:

c. Teclmical Contact Name and Title: Ted J. Uptmore-General Manager

Company: Adair Grain Inc. DBA West Fertilizer Company

Mailing Address: PO Box399

City: West State: Texas Zip Code: 76691

Telephone: 254-826-5309 Fax: 254-826-4325 E-mail:

D. Facility Location Information: Adair Grain Inc. DBA West Fertilizer Company

Street Address: 1471 Jerry Mashek Drive

If no street address, provide cleru· driving directions to the site in writing.:

MaLGiJNA<l City: West County: Mclemman Zip Code: 76691

E. TCEQ Account Identification Number (leave blank if new site or facility):

F. Is a TCEQ Core Data Form (TCEQ Form #10400) attached? [{]YES0No

G. TCEQ Customer Reference Number (!~ave blank if unknown):

H. TCEQ Regulated Entity Number (leave blank if unknown):

II. il\U'ORTANTG'ENERAL INFORMATION .· .

.. · ..

.

A. Is confidential information submitted with this application? 0YES[ZJNO

If"YES"~ is each "confidential" page marked "CONFIDENTIAL'~ in large red l~~:s? . PYESONO

B. Is this application in response to a TCEQ investigation or enforcement action? "~-·~""'''~~'"'~YES[Z]No

lf"YES", attach a copy of any correspondence from the TCEQ NOV 1 4 7nnn c. Nmnber ofNew Jobs: 0

Ar,OIIl ••• A ·"

D. Name of State Senator and district number for this facility site: Kipp Avirrltt-District22'M"V:,""~' """'"'"

Nrune of State Representative and district number for this facility site: Charles Doc Ander{on-Distrlc 56

TCEQ- 10252 (Rev.11/01/02) Form PI~ 1 ~ Thill form js for use by facilities subject to Air New Soun!e Rev lew permit requirements and is subject to revision. ANSRG95A/7018-v2 Page 3 of 8

II.

IV.

A.

B.

c.

D.

· 1 •Commission on Environmental Qnli _ Form PI-1 General Application tor

Air Preconstrnction Permits and Amendments

FACILITY AND SOURCE lNFORMA'fiON

Site Name: Adair Grain Inc. DBA West Fertilizer Company

Area Nametrype of Facility: Dry Fertilizer Plant IZJPERMANENT

Principle Company Product or Business: Grain Elevator

Primruy Standard Industrial Classification (SIC) Code: 5153

Projected Start of Construction Date: Projected Strut of Operation Date:

TYPE OF PllRMIT ACTION REQUESTED

A. Permit Number (if existing):

B. Is this an initial permit application?

If"YES", check the type ofpennit requested (check all that apply):

Flexible Permit Prevention of Significant Deterioration Federal Permit

D PORTABLE

[ZJYES0NO

~--Multiple Plru1t Permit

§Nonattainment Federal Permit

Hazardous Air Pollutants Permit Federal Clean Air Act § 112(g)

Otbe1·:

c. Is this a permit amendment? 0YES[ZJNO

• "¥"'"' "'~ "" "" "' ,.., 1f ,,,.,, " "'"'"'"'], State Permit Amendment Nonattainment Major Modification

§Flexible Permit Amendment Prevention of Significant Deterioration Major Modification Multiple Plant Permit Amendment Hazardous Air Pollutants Permit Federal Clean Air Act § 112(g)

Modification

Oother:

D. Is this application for a change in location of previously permitted facilities? If"YES", answer D.l. and D.2.:

1. Current location of facility

Street Address (l.f no street address, provide clear driving directions to the site in writing.):

City: County: Zip Code:

2. Will the proposed fucility, site and plot plan meet all current technical requirements of the pe1mit special conditions? If no, attach detailed information.

E. Are there any exemptions or permits by rule to be incorporated into this permit?

F. Are you permitting a grandfathered facility? lf"YES", attach information on any changes to emissions under this application.

G. Is this fucility located at a site required to obtain a federal operating permit under 30 TAC Chapter 122? lf"NO", go to Section V.

I. Is a site operating permit (SOP) o: general operating penni! (GOP) review IF{ ; • d pendmg forthJS SOUrCe, area, or SJte? ece1ve

2. Is an SOP or GOP issued for this source, area, or site? NOV 14 ?nnr; 3. List SOP or GOP number(s):

•• . 0 '"- . _, . . ,., ~· ""MVLV ''1'1'""'"""-'

TCEQ -10252 (Rev.11101/02) Fonn PJ-1 -This form is for nse by f11cilities subject to Air New Source Review permit requirements and is subject to revision. ANSRG95AnOt8~v2

0YES[ZJNO

0YES0No

0YES[ZJNO

0YEs0No

0YES0NO

0YES0No

DYEs0No

Page4of 8

1, .s Commission on Environmental Qna-. .. Form PI-1 General Application for


v. PERMIT FEE.INFORMATION . .. .. · .. .. · .

•

A. Fee Paid for this application: $ 900.00

B. Is a copy of the check or money order attached to the original submittal of this applicati [{]YES 0No ONtA

c. Is a Table 30 entitled, "Certification ofEstimated Capital Cost and Fee Verification," attached? [{JYES0No

VI. PUBLIC NOTICE APPLICAlllLI'tY . . . .

. . .··

A. Is this a new petmit application? ({]YES0NO

B. Is this an application for a major modification of a PSD, NA or 30 TAC § 112(g) permit? 0YEs[{]No

c. Is this a state petmit amendment application? 0YEs({]NO If"YES", answer C. I. through C.3.

I. Is there any change in character of emissions or a new air contaminant in this application? OYEs[{]No

2. Do the facilities handle~ load, unload, dry, manufacture, or process gt'ain, seed, legumes, or vegetable fibers (agricultural facilities)? 0YEs0No

3. List the total armual emission increases associated with this application (list gf1 that apply): Volatile Organic Compounds (VOC) __ tpy Particulate Matter (PM) __ tpy

Sulfur Dioxide (802) __ tpy Lead (Pb) __ tpy Catbon Monoxide (CO) __ tpy Nitt'Ogen Oxides (NOx) __ tpy Other air contaminants not listed above tpy List: NH3-

D. Is this a change oflocation application? 0YES[{JNO lf"YES", answer D. I. through D.3.

I. Is the new facility site located in or contiguous to the right-of-way of a public works project? OYEs[{]No

2. Is there a permitted facility occupying the new site? 0YES({]No

If"YES", please list the permit number. Permit No.:

3. Have portable fucilities occupied the new site at any time in the last two years? OYEs[{]No

vii, l"UBLIC NOTI(:E lji;FO~MATION (complete ifap):llicable) .· ..

·.•.· . ··. .

. ·. .. ·.· .

A. Responsible Person:

Name and Title: Ted J. Uptmore-General Manager


City: West State: TX Zip Code: 76691

Telephone: 254·826-5309 Fax: 254-826-4325

B. Technical Contact:

Name and Title: Ted J. Uptmore-Manager


City: West State: Tx

Telephone: 254-826-5309 Fax: 254-826-4325

TCEQ -10252 (Rev.11/D1/02) Fonn PI~l- This form is for use by facilities s1tbject to Air New Source Review permit requirements nnd is subject to revision. ANSRG95A/7018-v2

E-mail:

H:eceiv@ra /VrJi/ 1 A ~n.

Zip <fl\~'li 7Jj!J91 • LUUO

E-mail: . "''""';; rtppi/C,1tions

Page 5 of 8

,., •

. 1: ,Commission on Environmental Quae Form PI-1 General Application for

Air Preconstruction Permits and Amendments

VII. PUBLIC NOTICE JIIIFORMATION {complete if appliMble) (Continued)

c. Application in Public Place:

Name of Public Place: West Public Library

Physical Address: 210 Tokio Road Ci1y: West Coun1y: Mclemman

The public place has granted authorization to place the application for public viewing and copying?

D. Small Business Classification:

Does this company (including parent companies and subsidiary companies) employ 100 or fewer persons?

Is the site a major source under 30 TAC Chapter 122, Federal Operating Permit Program?

Are the site emissions of any individual air contaminant greater than 50 tpy?

Are the site emissions of all air contaminants combined greater than 75 tpy?

E. Bilingual notice confirmation:

Is a bilingual program required by the Texas Education Code in the School District?

Are the children who attend either the elementaty school or the middle school closest to your facili1y eligible to be enrolled in a bilingual program provided by the district?

If yes, which language is •·equired by the bilingual program?

VIII. TECHNICAL INFORMATION ..

A. Is a current area map attached?

Are any schools located within 3,000 feet of this facili1y?

B. Is a plot plan of the plant properly attached?

c. Is a process flow diagram and a process description attached?

D. Maximum Operating Schedule: 24 Hours/Day 7 Days/Week 52

Seasonal Operation? If"YES", please describe:

E. Are worst-case emissions data and calculations attached?

I. Is an emission point summary table [Table !(a)] attached?

2. Is a material balance table (Table 2) attached?

3. Are equipment, process or control device tables attached?

4. Are routine maintenance, start-up, or shutdown emissions included?

F. Are actual emissions for the last two years (determination federal applicabili1y) attached?

TCEQ -10252 (Rev.ll/01/02) Form PI-1- This form :is for use by facilities subject to Air New Sour~e Review permit requirements and is subject to revision. ANSRG95An018-v2

[ljYES0No

[ZJYES0No

OYEs[Z]No

0YES[Z]No

OYEs[Z]No

0YESIZJNO

0YESiZ]No

!ZIYES0NO

!ZIYES ONo

DYEs !ZINo

!ZIYES ONo

Weeks/Year

0YEs0No

Ill YES0No

Ill YES0NO

Ill YEsONo

0 YES!ZINo

0 YES!ZINo

0 YES!ZINO

Page6of 8

,.., ;E:

I 1 e,. .. s Commission on Environmental Quau,J

Form Pl-1 General Application for Air Precoustruction Permits and Amendments

IX. STATE REGULATORY REQUIREMENTS Applicants must be in compliance with all applicable state regulations to obtain a permit or amendment

A. The emissions from the proposed facility will comply with aJI rules and regulations of the TCEQ [ZJYES0No and details are attached?

B. The proposed facility will be able to measw·e emissions of significant air contaminants 0YEs0No and details are attached?

c. A demonstration of Best Available Control Teohnology (BACT) is attached? 0YESlZJNo

D. The proposed facilities will achieve the performance in the permit application and lZJYES0NO compliance demonsn·ation or record keeping information is attached?

E. Is atmospheric dispersion modeling attached? 0YES[ZJNO

F. Does this application involve any air contaminants for which a '~disaster review'' is required? OvEs[Z]No lf"YES", details must be attached. Note: For a list of air contaminants for which a "disaster review" will be required, refer to the NSRPD Disaster

Review Guidance Document at WlVW.tnrcc.state.tx.usleermitting(aireermlnsr permitslguidedoc.htn1

G. Is this facility or group of facilities located at a site within the 0YES[ZJNO Houston/Galveston nonattainment area? (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, or Wallet' Counties)

Does the facility or group of facilities located at this site have an uncontrolled design capacity OvEs[Z]No to emit 10 tpy or more ofNOx?

Is this site subject to 30 TAC Chapter 101, Subchapter H, Division 3 (Mass Emissions Cap and Trade)? 0YES[ZJNO

Does this action make the site subject to 30 TAC Chapter 101, Subchapter I-1, Division 3 0vES[ZJNO (Mass Emissions Cap and Trade)?

Does this aciion require the site to obtain additional emission allowances? OYEs[Z]No ,,

X. FROEML ltJ;:GULATQRYREQUIREMEN'fS Applicants tnt!St be hteompliance with all applicable federal•'egulations to obtain a permit or ilfliendment. I/ ctny of thefo/liJWitig questiOils Is answered. "YES", the application must cvntaiir delatled attachment~ addressing

. applicability, identifyfederaltegulation Subpans, show how requirements aie mel, and in<l11de compliance informal/Oil.

A. Does a Title 40 Code of Federal Regulations Part 60, ( 40 CPR Part 60) New Source Performance Standard (NSPS) apply to a facility in this application?

B. Does 40 CFR Part 61, National Emissions Standard for Hazardous Air Pollutants (NESHAP) apply to a facility in this application'/

c. Does a 40 CFR Patt 63, Maximum Achievable Control Technology (MACT) standard apply to a facility in this application?

D. Do nonattainment pel'mitting requirements apply to this application?

E. Do prevention of significant deterioration petmitting requirements apply to this application?

F. Do Hazardous Air Pollutant Major Source [FCAA § 112(g)] requirements apply to this application?

"" " ' i '\. ~c:;; '"' I';P II 'J ~..; \UJ

TCEQ -10252 (Rev,l1/0l/02) Form PI-1- This form is for use by facilities subject to Air New SonNe Review permit requirements and is subject to revi!>ion. ANSRG95AI7018~v2

NOV 1 ~ ZOD6

A~~ o 1r.r,.,t0 Ap"l;,~f:,n,. VJ C$ 'ft~aut.Y fiL....t ... VII01

OvEs[Z]No

0YES[Z]No

OvEs[Z]No

OYEs[Z]No

0YESlZJNO

0YES[Z]NO

Page 7 of 8

· 1' ,commission on Environmental Qna. Form PI-1 General Application for


XI. COPIES OF THIS APPLICATION .

A. Has the required fee been sent separately with a copy of this Form PI-I to the TCEQ 0YES 0No ONIA

Revenue Section? (MC 214, P.O. Box 13088, Austin, Texas 78711)

B. Is the Core Data Form, Form PI-I, and all attachments being sent to the TCEQ in Austin? 0YES0No

OPTIONAL: Has an extra copy of the Core Data Form, Form PI-I and all attachments been 0YES0NO sent to the TCEQ in Austin? IfnYEs,~, please mark this application as ucopy>>.

c. Is a copy of the Core Data Form, the Form PI -I, and all attachments being sentto the appropriate TCEQ regional office? 0YES0NO

D. Is a copy of the Core Data Form, the Form PI-I, and all attachments being sent to each appropriate local air pollution control prograrn(s)? DYESIZJNo

List all local air pollution control program(s):

E. Is a copy ofthe Core Data Form, Form PI-I, and all attachments (without confidential information) being sent to the EPA Region 6 office in Dallas, Texas? (federal applications only) OYEs!ZINo

F. This facility is located within I 00 kilometers of the Rio Grande River and a copy of the 0YES[ZJNO application was sent to the International Boundary Water Commission (IBWC)?

G. This facility is located within I 00 kilometers of a federally-designated Class I area 0YES[ZJNO and a copy of the application was sent to the appropriate Federal Land Manager?

XII. PROFESSIONAL ENGINEER(P.E.) SEAL

Is the estimated capital cost of the project greater than $2 million dollars? OYEs[liNo lf"YES", the application must be submitted !1l1der the seal of a Texas licensed Professional Engineer (P.E.)

Xl1I. SiGNATURE . . .

The signature below confirms that I have knowledge of the filets included in this application and that these facts are true and correct to the best of my knowledge and belief. I further state that to the best of my knowledge and belief, the project for which application is made will not in any way violate any provision of the Texas Water Code (TWC), Chapter 7, Texas Clean Air Act (TCAA), as amended, or any of the air quality rules and regulations ofthe Texas Commission on Environmental Quality or any local go vernmental ordinance or resolution enacted pursuant to the TCAA. I further state that I understand my signature indicates that this application meets all applicable nonattainment, pl'evention of significant deterioration, or major source of hazardous air pollutant permitting requirements. I further state that I have read and l1llderstand TWC §§ 7.177-7.183, which defines CRIMINAL OFFENSES fot' certain violations, including intentionally or knowingly making or causing to be made fulse material statements or representations in this application, and TWC § 7.187, pettainingto CBJMINAL P]:lNALTIES. ./1 -NAME: red :J': llp t l'h O"r e- SIGNATURE: Ylff_zit~- DATE: //-/CJ-K

"

TCEQ- 10252 (Rev. 11101/02) Form PI~t -This fonn is for use by facilities subject to Air New Source Review ~rmit requirements and is subject to revision. ANSRG95A/7018~v2

/ ,0'rigilllll 1/

Signature Required

~~'ecf!1liv~d

NOV 1 '-! 2006

Page 8 of 8

. A t((\MW\L\S"I,H-\toocr~s-407) CD Texas Cotumission on Environmerttal Quality

Investigation Report WEST CHEMICAL AND FERTILIZER CO

CN600508238

WEST FERTILIZER RN100985407

Investigation # 542417 Incident#

Site Classification MIN 0-15 FINS

Investigator: JACK BAILEY JR.

Conducted: 02/28/2007 -- 02/28/2007 SIC Code: 5153

Program(s): AIR NEW SOURCE PERMITS

Investigation Type : Compliance Invest File Review Location : 1471 JERRY MACHEK DR WEST TX 76691

AdditionaiiD(s) : 79803 MB0145S 80404

Address:;,

Principal(s): '

Role

RESPONDENT

Contact(s) :

Role

Regulated Entity Contact

Other Staff Member(s) :

Role

Supervisor QA Reviewer

Checklist Name

Activity Type: REGION 09 -WACO PMPRCH116- Chapter 116 Permit Provision Review

Name

WEST CHEMICAL AND FERTILIZER CO

Name Phone Title OWNER MR TED UPTMORE Fax (254) 826-5309

Name

ANNA DUNBAR WILLIAM PETERSEN

Associated Check List Unit Name

Work (254) 826-5309

RECEIVED

MAR 2 3 2007

AIR PERMIT REQUEST FOR COMMENTS WEST FERTILIZER TCEQ

CENTRAL FILE ROOM

Investigation Comments :

INTRODUCTION: This investigation was conducted in response to a request for comments (RFC), Draft Conditions, from the TCEQ Air Permits Division for West Fertilizer Plant, West, Mclennan County.

GENERAL FACILITY AND PROCESS INFORMATION: The West Fertilizer Company was established in 1962 and is located at1471 Jerry Mashek Drive in West, Mclennan County. The facility blends ferlilizer for bulk spreaders and custom applications. The facility stores anhydrous ammonia for resale and has 100 nurse tanks available for local use. The facility has several above ground storage tanks used to store 32% non-pressurized nitrogen. There is a storage barn which is capable of storing 12,000 tons of material. The probable emissions would be dust and odors from blending fertilizer chemicals at the facility. Some of the materials used are dust free and the blending of these products is done inside. A water bath for the anhydrous ammonia is utilized at the facility to minimize off properly odors.

BACKGROUND:

Date/Time LocaiiD 1 Locai1D2

Abbreviations: HS: Host send HR: Host receive WS: Waiting send

Transmission Report

02-28-2007 254 772 0143

08:53:17a.m. Transmit Header Text Local Name 1

Protoollfi!ITIIXM by Rfiduclng '"d

Plf!YeOiintl Pi>llii!lon

Local Name2

This document: Confirmed

(reduced sample and details below)

Document size : 8.5 "x11"

TCEQWACO

FAX TRANSMITTAL DATE: Februal)' 2e, 2007 NUMBER OF PAGES {Including th/8 cover Sheet): GJ TO: Name _,_,Fa,tt,n_,M,_,o,.,lg,arr_,d,__ ___________ _

Organization

FAX Number _A~I~r~~rm~l~t·~"~'·~'•"''~·•~--------------

512-239·1300

FROM: TEXAS COMMISSION ON ENVIRONMENlAL QUALITY

NOTES:

Name Jack Bailey ~==~--------------Oivlslon/Reglon _,R, .. """Io,n.,oo,_ _____________ _

Telephone Numbar -'""'4"'•7c;6c,;1·"'"'"'"'------------

FAXNumOar -='""'-"-77"2"' .. "''"4"-1-------------

Req(1~st for Comments • bra:ft Conditim1- West Fertilize!' Plant, West, McLennan County. Penn1t No. 80404.

Than~s Jack Bailey

Total Pages Confirmed : 3 StartTime Duration 08:52:19a.m.02 28-2007 00:00:27

PL: Polled local PR: Polled remote MS: Mailbox save

MP: Mailbox print CP: Completed FA: Fall

TU: Terminated by user TS: Terminated by system RP: Report

G3: Group3 EC: Error Correct

Date/Time LocaiiD 1 LocaiiD 2

Abbreviations: HS: Host send HR: Host receive WS: Waiting send

Transmission Report

02-28-2007 254 772 0143

08:51:55a.m. Transmit Header Text Local Name 1 TCEQ WACO Local Name 2

This document: Confirmed

(reduced sample and details below)

Document size : 8.5 "x11"

Uequest Cor Comtnenb -- D1·llft Permit RESPONSE

TO: M5. F~llh Melgaard, Auttlr~

FROM: Region: 9 City: West Cmmty: Mclennan

Copy of AppJicatiClrt Received by y.'/\lr-Office: .. l.. YES .. NO

COMPANV NAME: Wed Ftr!llizer Comp11ny

I'ERMITNO.: 80404

Date Received:

REGULATED ENTITY NO: RNHl0985<107 l'"ROJEct NO.: 1:15&36

1nve~tigato(6/Comi~Iianct Officer'5 Name (Please Prio.t): -------~ .. f!if fS A f~t ... (.~---------Ph'"" ci5 'f 7 <€ I $<:>;;, ll Comments Deadline (from pg. 1): MQ;tth 19, l007

Date of Last Sit~ Visit· ( J I <p /o 7 ' COMMENTS ON CONDITIONS: (Plea&e IIUirk up dr11rt spcdal ~1lndltlan, wlt'h ~'lUll' cl)mments. Plea~e 11ddren

applicabiLity nod enforceabHHy, List any :additiomd ~~~mditlom~ below)~

Compliunce Delen»!nation Conditions: .......... ~.Sl:Q4L ... ~.-

Operational LimliaiiOllH: -~J..l-'"'~----------

--··-·········· ················---------------

HENERAL COMMI~NTS:: --~fYu,<,O>JcJ"".s.<fo..· "'--~----------·

Total Pages Confirmed: 1

Start Time Duration

08:51:18 a.m. 02-28-2007 00:00:08

PL: Polled local PR: Polled remote MS: Mailbox save

MP: Mailbox print CP: Completed FA: Fall

TU: Terminated by user TS: Terminated by system RP: Report

G3: Group 3 EC: Error Correct

Protecting Texas by Reducih g and


FAX TRANSMITTAL DATE: February 28, 2007 NUMBER OF PAGES (including this cover sheet): GJ TO: Name Faith Melgarrd

Organization Air permits Division

FAX Number 512-239-1300


Name ~J~ac~k~B=ai~le~y~---------------------------------

Division/Region _,_,R::oeg"'i"'o"-'n--'0"'9~---------------------------------

Telephone Number _:2:.:5c.:4__,-7c:6:..:1__,·3:.:0:.::2c::B ______________________________ ___

FAXNumber _:2:.:5~4-~7~72=·~9=24~1~-----------------------------

NOTES:

Request for Comments- Draft Condition- West Fertilizer Plant, West, McLe1man CountyPermit No. 80404.

Thanks Jack Bailey

1

TRANSMISSION VERIFICATION REPORT NAME BROM4J173751 · Toni Oyler Air Permits Division (512)...

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Transcript of TRANSMISSION VERIFICATION REPORT NAME BROM4J173751 · Toni Oyler Air Permits Division (512)...