TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

NOTICE OF APPLICATION AND PRELIMINARY DECISION 

FOR WATER QUALITY TPDES PERMIT AMENDMENT 

FOR INDUSTRIAL WASTEWATER 

TPDES PERMIT NO. WQ0000455000 

APPLICATION AND PRELIMINARY DECISION. OXEA Corporation, P.O. Box 1141, Bay City, Texas 77404, 

which operates the Bay City Plant which manufactures organic chemicals, has applied to the Texas Commission on 

Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0000455000 to include a 

provision that does not require effluent monitoring during short-duration discharges and increase the daily maximum 

pH limitation from 9.0 standard units to 9.4 standard units. The current permit authorizes the discharge of treated 

domestic wastewater and treated process wastewater from the neutral effluent treatment (NET) system; and treated 

utility wastewater, storm water, groundwater recovered during site excavations, storm water from the old dewatering 

area and from landfill cells, groundwater from the bailing of monitor wells, groundwater from recovery wells, and 

hydrostatic test discharge water at a daily average flow not to exceed 2,280,000 gallons per day via Outfall 001; and 

storm water on an intermittent and flow variable basis via Outfall 002. This application was submitted to the TCEQ 

on June 8, 2009. 

The facility is located nine miles southwest of the City of Bay City on Farm-to-Market Road 3057 and 

approximately two miles east of Farm-to-Market Road 2668, Matagorda County, Texas 77414. The effluent is 

discharged from the plant site through an underground pipe to the Colorado River Tidal, in Segment No. 1401 of the 

Colorado River Basin. The designated uses for Segment No. 1401 are high aquatic life use and contact recreation. 

In accordance with 30 TAC §307.5 and the TCEQ implementation procedures (January 2003) for the Texas 

Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 

antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this 

permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has 

preliminarily determined that no significant degradation of water quality is expected in Colorado River Tidal, 

which has been identified as having a high aquatic life use. Existing uses will be maintained and protected. The 

preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management 

Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has 

determined that the action is consistent with the applicable CMP goals and policies. 

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 Bay City Public Library, 1100 7th Street, Bay City, 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 written or oral 

comment or to ask questions about the application. Generally, the TCEQ will hold 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 propose 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. 

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a 

timely contested case hearing request or a timely 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 requests 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 added to: (1) the 

permanent 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 you 

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. 

AGENCY CONTACTS 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 OXEA Corporation at the address stated above or by calling Mr. 

Joseph Uluh at (979) 241-4000. 

Issued: January 27, 2010