In June 2017, Vulcan Construction Materials LLC submitted an air quality permit request to the Texas Commission on Environmental Quality (TCEQ). The request was granted Nov. 21, 2019 after a hearing in which commissioners heard arguments from landowners and residents that opposed the quarry.
In response to the decision passed by the TCEQ, local groups Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek filed a motion Dec. 16 for a rehearing of their case. The case was filed by Frederick, Perales, Allmon & Rockwell, P.C., a law firm representing more than 100 individuals and associations opposing the quarry.
According to a press release from Stop 3009 Vulcan Quarry, residents are concerned about air pollution, increased truck traffic, decreased property values, endangered water resources and other impacts on the environment.
Texas Health and Safety Code 382.0518 states that the TCEQ “may permit a facility only if the Commission finds no indication the facility will harm the public’s health and physical property.”
An administrative law judge ruled in September that particulate matter and crystalline silica released by crushing rock would not exceed state limits.
“We will continue to pursue all legal options available to block this facility, including the appeals process for the air permit, in order to protect the health of our families and our natural resources,” said Milann Guckian, president of Stop 3009 Vulcan Quarry, in a press release.
Vulcan must also submit a Water Pollution Abatement Plan to the TCEQ.
The TCEQ has 30 days from the time of filing to act on the motion, which could result in a new hearing.