City Planner: TCEQ Said Pfluger's Frac Sand Depot Could be Allowed

City Director of Planning Patrick Howard was under fire at the McNease Convention Center over the frac sand trans-loading facility proposed for Hill Street. In the hearing, Howard read from an email sent to Howard from a  Mike Wilson, Director of the Air Permits Division at the Texas Commission on Environmental Quality (TCEQ). Wilson in the email suggests that TCEQ's interpretation that frac sand trans-loading could be allowed in close proximity of other structures and homes.

Wilson's email said that the TCEQ rules were written at a time before frac sand was identified and referred to sand and the manufacture of sand from quarries. "When these PBRs (rules) were written frac sand was not a consideration, and there were no facilities processing or handling frac sand that we were award of at the time," Howard read from the email. "Further, frac sand is a product that is clean and sized to specific industry tolerances normally much greater than 40 microns in size. Particulate matter that is smaller than 40 microns may be airborne, and particulates smaller than 10 microns is inhalable...given these consideration, frac sand would not be considered a fine, dry material."

In other words, interpretation of TCEQ rules may not necessarily prohibit Pfluger's sand depot.

As of 3 p.m., the City of San Angelo’s Zoning Board of Adjustments is not even half way through the hearing. The meeting opened with board chairman David Nowlin reading the rules of engagement. Parties were identified and what is and is not allowed to be submitted to the board as evidence was announced.

Some interesting happenings:

Stanley Mayfield, owner of Mayfield Paper with warehouses adjacent to the Hill Street property, asked to submit documents related to how his worker’s compensation insurance carrier is rating his business in light of having Pfluger’s sand depot as a neighbor. Committeeman Fredd Adams motioned to have the Mayfield documents excluded; committeeman Hayden John seconded. The motion failed 3-2.

Appellate H.R. “Winkie” Wardlaw III submitted 18 questions to City Director of Planning Patrick Howard. In response to one of Wardlaw’s questions, Howard read the contents of an email from a technician at the Texas Commission on Environmental Quality affirming Howard’s ruling that Pfluger’s frac sand depot could be allowed under TCEQ rules.

After Howard’s presentation, the appelants announced that Pfluger and four of five in their party have reached a settlement.

“There has been a stipulation between myself and Mr. Sam Allen [Pfluger’s attorney] that there is not going to be a frac sand trans-loading facility at this location. There will be a deed restriction filed, and enforceable by the city. It is my understanding that the city will move towards a moratorium on this type of activity,” Guy Choate, attorney representing the appellants said.

H.R. “Winkie” Wardlaw, III, representing himself, wanted to continue the hearing.

“My purpose today is to try to reverse the ruling of the city planning director, which is clearly against the law,” Wardlaw said.

And so the presentations continue, and the ZBA will render a ruling.

Choate provided us with a copy of the terms of the agreement his clients have with Mr. Pfluger:

1. The named appellants - Martinez, Thieman, Cornell, and Grafa - will withdraw their appeal.

2 Southwest Orient Properties, LLC (“SWOP”) and any other entity or person having an ownership in the Hill Street Property (“the Site) will agree not to trans-load silica frac sand or frac proppants on the Site.

3. SWOP will file the attached Deed Restriction.

4. Lee Pfluger agrees that any new or modified zoning ordinances affecting the “Light Manufacturing” zoning classification will govern any property owned by Lee or a company he controls if such property is:

a. located in a “Light Manufacturing” zone; and

b. situated within the city limits of San Angelo.

Updated: The TCEQ official is named and more details were added as to how the TCEQ views frac sand facilities.