Grayson Industries Wastewater Permit Application

November 20, 2009

NOTICE OFAPPLICATION AND PRELIMINARY DECISION

FOR WATER QUALITY TPDES PERMIT RENEWAL

FOR INDUSTRIALWASTEWATER

TPDES Permit No. WQ0001391000

APPLICATION AND PRELIMINARY DECISION. Grayden Industries, Inc., 84 Constitution Way, Jersey

City, New Jersey 07305, which operates the Grayden Industries, Inc. WWTF, for a cedar wood oil plant, has

applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No.

WQ0001391000, which authorizes a discharge of once-through cooling water and boiler blowdown at a daily

average flow not to exceed 2,160,000 gallons per day via Outfall 001. This application was submitted to the

TCEQ on May 14, 2009.

The facility is located at 8782 Ranch Road 2169, on the east side of Ranch Road 2169, approximately 1.3 miles

north of the intersection of Ranch Road 2169 and U.S. Highway 290 (Interstate Highway 10), approximately

10 miles southeast of the City of Junction, Kimble County, Texas 76849. The effluent is discharged from the

on-site cooling pond into an unnamed tributary; thence to Johnson Fork Creek; thence to the Llano River in

Segment No. 1415 of the Colorado River Basin. The unclassified receiving waters have no significant aquatic

life use for the unnamed tributary and high aquatic life use for Johnson Fork Creek. The designated uses for

Segment No. 1415 are high aquatic life use, contact recreation, and public water supply.

The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit.

The draft permit, if approved, would establish the conditions under which the facility must operate. The

Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory

requirements. The permit application, Executive Director’s preliminary decision, and draft permit are

available for viewing and copying at the Kimble County Library, 208 North 10th Street, Junction, Texas.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public

meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments

or to ask questions about the application. TCEQ holds a public meeting 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.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the

executive director will consider the comments and prepare a response to all relevant and material, or significant

public comments. The response to comments, along with the executive director’s decision on the

application, will be mailed to everyone who submitted public comments or who requested to be on a

mailing list for this application. If comments are received, the mailing will also provide instructions for

requesting a contested case hearing or reconsideration of the executive director’s decision. A contested

case hearing is a legal proceeding similar to a civil trial in a state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING

ITEMS IN YOUR REQUEST: your name; address; phone; applicant’s name and permit number; the

location and distance of your property/activities relative to the facility; a specific description of how you

would be adversely affected by the facility in a way not common to the general public; and the statement

"[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of

a group or association, the request must designate the group’s representative for receiving future correspondence;

identify an individual member of the group who would be adversely affected by the proposed

facility or activity; provide the information discussed above regarding the affected member’s location

and distance from the facility or activity; explain how and why the member would be affected; and

explain how the interests the group seeks to protect are germane to the group’s purpose.

Following the close of all applicable comment and request periods, the Executive Director will forward the

application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners

for their consideration at a scheduled Commission meeting.

The Commission will only grant a contested case hearing 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

issues that were raised in timely filed comments that were not subsequently withdrawn. TCEQ may act on an

application to renew a permit for discharge of wastewater without providing an opportunity for a contested

case hearing if certain criteria are met.

EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application

unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request

or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will

forward the application and request to the TCEQ Commissioners for their consideration at a scheduled

Commission meeting.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration

of the Executive Director’s decision, you will be added to the mailing list for this specific application to receive

future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1)

the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a

specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which

list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

All written public comments and public meeting requests must be submitted to the Office of the Chief

Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at

www.tceq.state.tx.us/about/comments.html within 30 days from the date of newspaper publication of

this notice.

AGENCYCONTACTS AND INFORMATION. If you need more information about this permit application

or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si

desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be

found at our web site at www.TCEQ.state.tx.us.

Further information may also be obtained from Grayden Industries, Inc., at the address stated above or by calling

Mr. Mark Nash at 325-446-3366.

Issued: November 2, 2009

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