After nearly two years of trying to get a stringently opposed concrete batch plant up and running in south Tarrant County, Texas officials have granted J7 Ready Mix preliminary approval.
But residents say their fight to stop the plant from operating is far from over.
In a March 24 notice, the Texas Commission on Environmental Quality — the entity responsible for issuing environmental permits — announced that J7’s application for an air quality permit meets legal requirements. The notice arrived in mailboxes 15 months after hundreds of residents filled a Mansfield event center to protest the plant.
The permit will now go before three commissioners in a public meeting, where officials will give final approval. If approved, the concrete batch plant will operate at 5428 East Farm to Market 1187 in Burleson, just next to Rendon, an unincorporated part of Tarrant County.
The state agency has received more than 120 requests so far for a contested case hearing on J7’s permit application, according to a state database.
Per the agency’s regulations, only residents living within 440 yards of a proposed concrete batch plant who previously submitted comments on the permit will qualify for a contested case hearing. The hearings are similar to civil trials in state district court. They provide the only venue for residents to challenge permit applications and decisions through the commission.
Brandon McElroy, who resides in Rendon, is one of those qualifying residents. He plans to resubmit his request for a contested case hearing — and urges other residents to do the same.
Residents have until April 23 to submit either a request for a contested case hearing or the executive director to reconsider its decision to grant the permit. Details on who qualifies to request a contested case hearing and what information the request should include can be found here.
For now, McElroy and other concerned residents will wait to hear back from the state agency on their requests. Three commissioners appointed by Gov. Greg Abbott make the decision on who qualifies to challenge a permit application in court.
McElroy said residents were confused and frustrated with how some elements of the process were handled. Staff turnover at the agency appeared to delay a decision, he said.
“When you call up there, it’s like they don’t have any answers for you,” he said of the commission. “The people who are supposed to be giving you answers can’t be reached. … There’s so much more that they need to fix that they still haven’t fixed. It’s crazy where we’re at with the TCEQ.”
McElroy is one of the founding members of Green Air Solutions, a nonprofit formed by residents to support the anticipated legal battle against J7. The group raised $30,000 in 2023 after residents became aware of J7’s application for an air quality permit, and plans to spend its funds on legal expenses.
At a December 2023 meeting requested by residents and state Rep. David Cook, R-Mansfield, many cited concerns to state regulators about the potential impact on public health from pollutants generated at concrete plant sites, including sulfur dioxide, carbon monoxide and nitrogen oxide.
Although the plans for the plant sparked an uproar from residents, J7 co-manager Richard Mayhew said otherwise. He previously said the plant would take up methods to reduce pollution and use a cement product that doesn’t emit many of the pollutants residents are worried about.
“There really hasn’t been any controversy over this particular plant. This one’s gone very well,” Mayhew said in a brief phone interview. “It ended up taking longer and I’m not really sure why, but you know, that kind of stuff sometimes just takes time.”
State: Plant would be ‘protective’ of human health, environment
In April 2024, Sean Ashman and his fiancée moved to the Rendon area, just 20 yards from the site of the proposed concrete batch plant.
It wasn’t until shortly after moving that the couple was made aware of the concrete batch plant proposal, thanks to signs in the neighborhood.
With three teenage children and a baby on the way, the couple is concerned about the possibility of a concrete batch plant near their home and future sites for schools.
“We loved the property … we all just fell in love with the place,” Ashman told the Report. “But (a batch plant) … it’d be a reason not to stay long term and not have to deal with the possible health effects.”
Aside from harmful chemicals, concrete mixing generates particulate matter, microscopic solids or liquid droplets that can be inhaled and cause serious health problems. Health risks include aggravated asthma, decreased lung function, irregular heartbeat, increased respiratory symptoms, nonfatal heart attacks and premature death in people with heart or lung disease, according to the Environmental Protection Agency.
“Thinking about a newborn baby breathing that in is scary,” said Ashman.
In response to public comments, the state commission determined that its permit, which requires concrete batch plant operators to limit emissions through dust suppression and distance requirements, are “protective” of human health and the environment.
Residents also submitted comments describing their concerns about dust generated by the concrete plant. When a company complies with state permit requirements, there should not be enough dust to diminish visibility or pose a threat to air quality, the state commission said in response. Traffic and aggregate material would be the main sources of any generated particulate matter or dust. Per the state commission’s regulations, batch plants can face penalties for discharging contaminants or material that could lead to traffic hazards.
As for concern surrounding the proposed batch plant’s proximity to public areas such as restaurants and schools, the commission said it does not have jurisdiction to consider where plants can be located when determining whether to deny or approve a permit.
Jeralynn Lee “Jackee” Cox, retired civil rights attorney in Fort Worth, suggested the agency consider increasing the number of air monitors in the area where the concrete batch plant would be.
The agency prioritizes placement of air monitors due to costs and other “constraints,” commission staff said. Monitors are not typically placed to measure impacts from industrial sites or plants but are located to measure air quality on broader or regional levels.
The state agency does not have jurisdiction to regulate the proposed batch plant’s proximity to public areas, such as schools and restaurants, noise constraints and potential effects on property — concerns all submitted by the public.
Rendon plant one of several facing protests
J7’s permit is one of several Tarrant County concrete plants facing protest and backlash from residents and local officials.
Dozens of residents joined Fort Worth City Council member Macy Hill at an April 3 meeting to ask state regulators to deny a concrete batch plant slated to neighbor Lake Worth.
In January, council member Michael Crain asked Chisholm Trail Redi-Mix to consider applying for a temporary air quality permit to operate a concrete batch plant instead of a permanent permit. If approved, the plant would be located in southwest Fort Worth.
In April 2024, Fort Worth City Council member Alan Blaylock and state Rep. Nate Schatzline, R-Fort Worth, backed north Fort Worth residents in their call to state regulators to deny an air quality permit to The Organic Recycler, also known as TOR Texas. The company is seeking to operate a batch plant in far north Fort Worth near a future high school campus.
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Nicole Lopez is the environment reporter for the Fort Worth Report. Contact her at nicole.lopez@fortworthreport.org.
This article first appeared on Fort Worth Report and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.