In a letter dated April 9, the TCEQ Executive Director issued his/her decision that the EXXON/SAUDI water quality permit application meets the requirements of applicable law. Anyone who disputes that decision has until the close of business on May 9 to ask for a Contested Case Hearing or a Request for Reconsideration. While only persons who actually made oral or written comments during the public comment period can ask for a contested case hearing, ANYONE can request reconsideration. This post addresses the Request for Reconsideration.
The reason we are directing this to YOU is that you should have been given Notice of the Application and Preliminary Decision [to issue a permit]. County Judge C.H. Mills raised this point, as well as other residents at the Public Meeting held on December 11. TCEQ Rules require that EXXON publish the Notice in a newspaper regularly published or circulated within each county where the proposed facility or discharge is located and in each county affected by the discharge. Because the industrial stormwater flows into Copano/Mission/Port Bays, Aransas County is affected by the discharge. We also believe Refugio County is affected because of where it enters the bay systems. Exxon did not publish Notice in either county. Perhaps they didn’t think you would be affected. But that is not their decision to make. It is yours, and it is your right to receive notice.
How can anyone say that Aransas or Refugio County is not affected when even TCEQ says that the impact on the habitat of the whooping crane requires a review of the Endangered Species Act by the U.S. Fish and Wildlife Service, a review that is still underway and unresolved?
If this lack of notice goes unchallenged, will you ever receive notice of any effect on Copano Bay by future industrial growth in San Patricio County?
A Request for Reconsideration on your lack of notice will go to the TCEQ Commissioners at the same time that Exxon’s final permit is considered for approval, which will be some time after the May 9 deadline to challenge the decision. If the Commissioners grant your request for reconsideration, then Exxon’s permit is put on hold until the Executive Director addresses the lack of notice to you. If it is determined you should have received notice, Exxon would have to re-issue notice and allow everyone the opportunity to speak out against this tragic impact on our bays and estuaries and, particularly the habitat of endangered species such as our beloved Whooping Crane. You can also raise other concerns you have with the Executive Director’s decision. But, raising the lack of notice is critical. You can file the request electronically and we have a simple tutorial for how to do this at our QUICK GUIDE | Request for Reconsideration page.
