Emails, Andrea Morrow, spokeswoman, Texas Commission on Environmental Quality, April 29, 2013

Sent: Monday, April 29, 2013 10:59 AM

To: Selby, Gardner (CMG-Austin)

Subject: RE: Fresh query, PolitiFact Texas

We cannot speak to any other state agency. However, the inspection list for the TCEQ is as follows:

INVESTIGATIONS:

a.         Investigation No. 10077 (Incident No. 6055): Dust complaint investigation conducted September 18, 2002 to October 3, 2002 – no nuisance conditions noted.

b.         Investigation No. 483529 (Incident No. 76859): Odor complaint investigation conducted June 20, 2006 - The TCEQ observed the facility had lost their grandfather permitting status and were required to obtain authorization. Per state law, grandfathered facilities in this instance were required to file a permit application by September 1, 2004. Notice of Violation issued on June 21, 2006 for operating without authorization and subsequently resolved on December 21, 2006 following submission of air permit application with TCEQ. (See Investigation No. 534828 below)

c.         Investigation No. 513398: Site review investigation conducted on September 20, 2006 - no concerns noted.

d.         Investigation No. 518224: Consistent with agency practice, TCEQ conducted an investigation and provided comment on draft permit provisions on November 2, 2006 - no additional changes made to draft permit. Permit No. 79803 was issued on December 12, 2006 after a technical review and an opportunity for public comment period and contested case hearing.

e.         Investigation No. 534828: Follow up investigation reviewing compliance documentation conducted on December 20, 2006, regarding violation documented from Investigation No. 483529 - violation resolved by obtaining needed permits listed above.

f.          Investigation No. 536904: Consistent with agency practice, TCEQ conducted a site investigation re: draft permit provisions on January 16, 2007.

g.         Investigation No. 542417: Consistent with agency practice, TCEQ conducted a file review re: draft permit provisions on February 28, 2007 - no additional changes made to draft permit. Permit No. 80404 was issued on March 15, 2007 after a technical review and an opportunity for public comment period and contested case hearing.

TCEQ has not received any complaints regarding this facility since those documented above.

Andrea Morrow

TCEQ Media Relations

From: Selby, Gardner (CMG-Austin) [mailto:wgselby@statesman.com]

Sent: Monday, April 29, 2013 11:22 AM

To: Andrea Morrow

Subject: RE: Fresh query, PolitiFact Texas

I have a different follow-up question …

Whenever the commission inspects such a plant, does its purview extend to unsafe industrial conditions—or is the focus limited to air and water? I am wondering if the commission had visited the plant more recently whether it would have focused in any way on issues that may have led to the explosion.

Thanks.

g.

4:23 pm

A TCEQ investigation would focus on the air, water, and waste related items that are either directly permitted/authorized, or are otherwise under TCEQ’s regulatory jurisdiction.  Other industrial conditions at facilities are not under TCEQ’s investigative authority nor its regulatory control.

-Andrea