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 orga nic chemicals, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendm ent to TPDES Permit No. WQ0000455000 to include a provision that does not require effluent monitoring during short-duration discharges a nd increase the daily maximum pH limitation from 9.0 standard units to 9.4 standard units . The current permit authoriz es the discharge of treated

domestic wastewater and trea ted process wastewater from the neutral ef fluent treatment (NET) system; and treated utility wastewater, storm water, groundwa ter recovered during site excavations, storm water from the old dewatering area and from landfill cells, groundwater from the bailing of monitor wells, gr oundwater 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 th e 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 designate d uses for Segment No. 1401 are high aqua tic life use and contact recreation.

In accordance with 30 TAC §307.5 and the TCEQ impl ementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation revi ew 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 ma y 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 regul ations of the Coastal C oordination Council, and has

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

The TCEQ Executive Director has completed the technical re view of the application and prepared a draft permit. The draft permit, if approved, would establish the conditi ons under which the facility must operate. The Executive Director has made a preliminary decision that this pe rmit, 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 7 th 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. Gene rally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of publ ic interest in the applicatio n 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 co mments and prepare a response to all re levant 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 tria l in a state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name; address; phone; applican t’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 comm on to the general public; and the statement “[I/we] request a contested case hearing.” If the request for cont ested 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 woul d be adversely affected by the propose facility or activity; provide the information discussed above regardin g 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 recons ideration 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 dis puted issues of fact that are relevant and material to the Commission’s decision on the application. Further, th e 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 hear ing request or a timely request for reconsiderat ion 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 consid eration at a scheduled Commission meeting.

MAILING LIST. If you submit public comments, a request for a c ontested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the maili ng list for this specific a pplication 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 count y 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 TC EQ Office of Public Assistance, To ll 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 Cor poration at the addr ess stated above or by calling Mr. Joseph Uluh at (979) 241-4000

.

Issued: January 27, 2010