AGENDA

Wednesday, March 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in Executive Session
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in Executive Session
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in Executive Session


OLD BUSINESS AGENDA

Wednesday, March 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item carried forward from Agenda of February 5, 2003
Item 1. Docket No. 2001-0412-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Calvin Pareo dba Pareo Dairy in Comanche County; TCEQ Water Quality Permit No. 04146-000; for dairy operation water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Jim Biggins, Lisa Lemanczyk)
Remand to Executive Director
Item carried forward from Agenda of February 20, 2003
Item 2. Docket No. 2002-1381-MSW. Consideration of an application by Panama Road Landfill, TX, L.P. for a permit for a Type I municipal solid waste landfill facility. This is a bifurcated application, which requires the Commission to make a separate determination on land use compatibility only at this time. The facility is located approximately 4.5 miles east of the City of Gordon and approximately 4.0 mile southwest of Santo on Interstate Highway No. 20 in Palo Pinto County, Texas. The Commission will also consider hearing requests and related responses and replies. (Kristin Huff, Mike Graeber)
Commissioner Marquez's moved to grant hearing requests, which motion died for lack of second, and Chairman Huston, made a motion to continue until April 2, and was seconded by Commissioner White. RH/KW. Marquez voted no.
Item carried forward from Agendas of February 5, 2003 and February 20, 2003
Item 3. Docket No. 2002-1383-UCR. Consideration of whether to affirm, modify, or set aside the Emergency Rate Order issued by the Executive Director, without a hearing, on December 16, 2002 approving the application by Bret Fenner, as temporary manager for Walter F. Duvall doing business as Plaza Water Utility, for emergency water and sewer rate increases. The order was issued pursuant to Sections 5.508 and 13.4133, Texas Water Code, and 30 Texas Administrative Code Section 35.202. The utility serves approximately 159 connections in Bell County, Texas. The Emergency Rate Order authorized a rate increase for residential water meters from a monthly minimum rate of $16.00 per connection to a monthly minimum rate of $33.38 per connection and $1.80 per 1,000 gallons of water used, and sewer from a flat monthly rate of $16.00 per connection to $39.13 per connection and associated fees, effective December 16, 2002 for a period of 15 months or until a final rate is set, whichever occurs sooner. The application states that the rate increase is necessary to ensure the provision of continuous and adequate services to the utility's customers. (Kristen Huff/Elsie Pascua)
Approve staff recommendation and modify emergency order, RH/RM. All Agree


AGENDA

Wednesday, March 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

HEARING REQUESTS
Item 1. Docket No. 2002-1382-AIR. Consideration of application by the U.S. Department of Energy for amendment of Air Quality Permit Number 21233 which would authorize increased production and a change in the character of emissions in Building 11-50 at the Pantex Plant. The plant is located at the intersection of Highway 60 and FM 2373, Carson County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (John Minter/Patricio Griego)
Deny hearing request and approve permit and adopt Response to Comments, RM/RH. All Agree
Item 2. Docket No. 2002-1387-IHW. Consideration of an application by the United States Air Force - Kelly AFB, San Antonio for a Class 3 modification to Compliance Plan No. CP-50310 which authorizes the final Corrective Action Program for the remediation of ground-water quality associated with releases from RCRA-regulated unit Site S-8 to specified standards and to monitor the concentration of hazardous constituents in groundwater until compliance with specified ground-water quality standards have been attained. The facility is located on an approximately 4,660 - acre tract of land in Bexar County, bounded to the west by Lackland AFB, to the south by S.W. Military Drive and Leon Creek, to the east by the Union Pacific So San Yards, and to the north by Highway 90. It is approximately seven miles southwest to the center of the City of San Antonio. The commission will also consider requests for hearing or reconsideration, related responses and replies, public comment and the Executive Director's Responses to Comments. (Mark Weegar/John Deering)
Continued to April 16, 2003
Item 3. Docket No. 2003-0123-MWD. Consideration of permit application # 14320-001, submitted by Tidwell Wastewater Utility, L.L.C., for a new permit (proposed TPDES Permit No. 14320-001), which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The wastewater treatment facility will serve a residential subdivision. The wastewater treatment facility will be located at 8911 Sam Houston Parkway, approximately 1,700 feet west of East Beltway 8, and approximately 2,500 feet north of Tidwell Road in Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Jacquelyn Boutwell/Ronald Riggins)
Remanded to Executive Director
Item 4. Docket No. 2003-0124-MWD. Consideration of permit application # 14343-001, submitted by GASTON 1093, A TEXAS JOINT VENTURE for a new permit (proposed TPDES Permit No. 14343-001), which will authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility will be located approximately 500 feet east and 3,250 feet north of the intersection of Farm-to-Market Road 1093 and Farm-to-Market Road 723 in Fort Bend County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment, the Executive Director's response to comments and a request for reconsideration of the Executive Director's decision. (Anthony Tatu/Zdenek Matl)
Deny Request for Reconsideration and Issue the Permit and adopt Response to Comments, RH/RM. All Agree
DISTRICT MATTER
Item 5. Docket No. 2002-1164-DIS. Consideration of an application of Woodland Pines, L.P. and Alexander 263, Ltd., landowners (Petitioners), for dissolution of Harris County Municipal Utility District No. 294 (District). The Petitioners request that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 09042002-D14; Rob Cummins, Lara Nehman)
Approve Dissolution of Harris County Municipal Utility District No. 294, RM/RH. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 2002-0897-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crider Dairy, Inc. in Johnson County; Texas Pollutant Discharge Elimination System Permit No. WQ0004160-000; for agriculture violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Wendy Cooper, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2002-0797-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Jack Vanden Berge dba Jack Vanden Berge Dairy in Erath County; Wastewater Registration No. WQ0003184-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., Sushil Modak)
Issue agreed order, RM/RH. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 8. Docket No. 2001-1088-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BP Products North America, Inc. in Galveston County; TCEQ Air Account No. GB-0004-L; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (David Speaker)
See Item 56
Item 9. Docket No. 2002-0429-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Premcor Refining Group, Inc. in Jefferson County; Air Account No. JE-0042-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (John Barry, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 10. Docket No. 2002-1126-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valley Co-Op Oil Mill in Cameron County; TCEQ Air Account No. CD-0106-C and Regulated Entity ID No. RN102261021; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Jaime Garza, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 11. Docket No. 2002-0882-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Universal Urethanes, Inc. in Harris County; Air Account No. HG-2798-Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Trina Grieco, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 12. Docket No. 2002-0856-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thelin Recycling Company, L.L.C. in Tarrant County; Air Account No. TA-3987-H; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 13. Docket No. 2002-1027-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Seminole Pipeline Company in Brazoria County; Air Account No. BL-0338-F; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 14. Docket No. 2002-0819-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of LBC Houston, L.P. in Harris County; Air Account No. HG-0029-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Rebecca Johnson, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 15. Docket No. 2001-1464-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Prism Gas Systems, Inc. in Cass County; Air Account No. CG-0036-L; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Carolyn V. Lind, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 16. Docket No. 2002-0999-AIR-E. Consideration of an Agreed Order assessing administrative penalties against San Miguel Electric Cooperative, Inc. in Atascosa County; Air Account No. AG-0007-G; Air Permit No. 4180A ; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 17. Docket No. 2002-0788-AIR-E. Consideration of an Agreed Order assessing administrative penalties against San Patricio County in San Patricio County; Air Account Number 94-2405-L; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 18. Docket No. 2002-0436-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Occidental Chemical Corporation in San Patricio County; TCEQ Air Account No. SD-0092-F; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Edward Moderow, Sushil Modak)
Continued to March 19, 2003
Item 19. Docket No. 2002-0347-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Bryan Neal dba Bryan Excavation Company in Harris County; Air Account No. 93-7126-R; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Trina Grieco, Sushil Modak)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2002-1049-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Samuel Holcomb dba Holcomb Oil Recycling in Harris County; TCEQ ID No. A85038; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Admin. Code ch. 60. (Diana Grawitch, David Speaker)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2002-1058-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Magic Valley Roofing & Construction Company, Incorporated in Cameron County; TCEQ ID No. HAT0031; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Jaime Garza, Sushil Modak)
Remanded to the Executive Director
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 22. Docket No. 2002-0047-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hadeel Corporation dba H and H Food Mart Texaco in Tarrant County; TCEQ PST Facility ID No. 05593; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, David Speaker)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2002-0901-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Barney Holland Oil Company dba Big Daddy's Express Mart in Tarrant County; Petroleum Storage Tank Facility ID No. 0005600; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Wendy Cooper, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2002-0304-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BASN Corporation dba Swif-T Food Store in Tarrant County; Petroleum Storage Tank Facility ID No. 0042957; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Gary Shipp, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2002-0580-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Exxon Mobil Corp. in Bexar County; Petroleum Storage Tank Facility ID No. 26074; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Thomas Greimel, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 2002-0270-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Exxon Mobil Corporation in Galveston County; Petroleum Storage Tank Facility ID Nos. 0026177 and 0026709; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Trina Grieco, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 27. Docket No. 2002-0657-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mike's Convenience Store, Inc. in Milam County; Petroleum Storage Tank Facility ID No. 22305; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sarah Slocum, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 28. Docket No. 2002-0535-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ultramar Diamond Shamrock dba Stop N Go #2614 in Galveston County; Petroleum Storage Tank Facility ID No. 0035280; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Miriam Hall, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 29. Docket No. 2002-0489-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Brothers Corporation dba Super Lucky Lady Fina in Tarrant County; Petroleum Storage Tank Facility ID No. 0051519; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 30. Docket No. 2002-0963-PST-E. Consideration of an Agreed Order assessing administrative penalties against Roundup Partners LP dba Star Stop in Haskell County; Petroleum Storage Tank Facility ID No. 0074331; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (George Ortiz, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 31. Docket No. 2002-0598-PST-E. Consideration of an Agreed Order assessing administrative penalties against the City of Rockwall in Rockwall County; Petroleum Storage Tank Facility ID Nos. 0016731 and 0018013; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Wendy Cooper, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 32. Docket No. 2002-0818-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rinkle Grocery & Hardware, Inc. in Shelby County; Petroleum Storage Tank Facility No. 0012693; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (John Barry, Sushil Modak)
Remanded to the Executive Director
Item 33. Docket No. 2002-0301-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Office Creek Corporation dba Artic Beer and Wine in Denton County; Petroleum Storage Tank Facility No. 0070187; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Todd Huddleson, Sushil Modak)
Continued to March 19, 2003, RH/RM. All Agree
Item 34. Docket No. 2002-0998-PST-E. Consideration of an Agreed Order assessing administrative penalties against Noble Business, Inc. dba J's Food & News in Tarrant County; Petroleum Storage Tank Facility ID No. 0057049; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 2002-0783-PST-E. Consideration of an Agreed Order assessing administrative penalties against Matthew Smithey dba Mesquite Junction Convenience Store in Guadalupe County; Petroleum Storage Tank Facility ID No. 48375; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sarah Slocum, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 36. Docket No. 2002-0785-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of La Feria in Cameron County; Petroleum Storage Tank Facility ID No. 43859; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sarah Slocum, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 37. Docket No. 2002-0533-PST-E. Consideration of an Agreed Order assessing administrative penalties against CP Transport, Inc. in Bell County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sarah Slocum, Sushil Modak)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 38. Docket No. 2001-0347-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Beltway Express, Inc. dba Beltway Express Food Mart in Harris County; TCEQ PST ID No. 74225; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Commission on Environmental Quality. (Kelly Mego, David Speaker)
Issue Default Order, RM/RH. All Agree
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 39. Docket No. 2002-0262-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jackie Duncan dba Jackie's Water Company in Dimmit County; Public Water Supply ID No. 0640030; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Commission on Environmental Quality. (Malcolm Ferris, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 40. Docket No. 2002-0881-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Gulshan Enterprises, Inc. dba Handi Plus 18 in Brazos County; Public Water Supply No. 0210052; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Subhash Jain, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 41. Docket No. 2002-0769-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Poteet in Atascosa County; Public Water Supply ID No. 0070005; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 42. Docket No. 2002-0954-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Arnold Palmer Golf Management LLC dba Tour 18 Golf Course in Harris County; Public Water Supply ID No. 1012834; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (John Mead, Sushil Modak)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE EMERGENCY ORDER
Item 43. Docket No. 2003-0103-IWD. Consideration of whether to affirm, modify or set aside an Emergency Order issued after a request by Diamond Shamrock Refining Company, L.P. (Diamond Shamrock) pursuant to Texas Water Code, Section 5.509 and 30 Texas Administrative Code, Sections 35.301 through 35.303. The Executive Director granted the Emergency Order on January 24, 2003. The Order will expire 180 days after issuance. The Emergency Order increases the volume effluent limitations of Diamond Shamrock's current TPDES Permit No. 01353 from 800,000 gallons per day to 1,500,000 gallons per day; suspends the annual flow limitation of 20 million gallons and the requirement that the minimum flow in the Nueces/Lower Frio River be 200 cfs at the time of the discharge; and replaces the mass effluent limitations of the current permit with concentration based effluent limitations. Diamond Shamrock is authorized to operate its wastewater treatment facility under Texas Pollutant Discharge Elimination System Permit No. 01353. The facility is located at 301 Leroy Street in the City of Three Rivers, Live Oak County, Texas, with an irrigation (disposal) site located adjacent to the southwest side of Interstate Highway 37, approximately one mile northwest of the intersection of Interstate Highway 37 and State Highway 72, north of the City of Three Rivers in Live Oak County, Texas. Diamond Shamrock sought the Emergency Order to prevent uncontrolled releases or overtopping from an onsite irrigation reservoir that stores treated wastewater. The discharge is to an unnamed ditch, then to the Nueces/Lower Frio River in Segment No. 2106 of the Nueces River Basin. (Jason Haas, Michael Sunderlin)
Affirm the Emergency Order, RH/KW. All Agree
PUBLIC WATER SYSTEM EMERGENCY ORDER
Item 44. Docket No. 2000-1314-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on January 27, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501, 5.507 and 13.4132 to address the abandonment of a retail public utility (System) by Arete Real Estate and Development Company, Inc., JoJac/SeJac Ltd., and Emmes Bay Oaks Harbor LLC dba Bay Oaks Harbor Subdivision, in Harris County; TCEQ PWS No. 1013170; to ensure continued operation of the System; and to provide continuous and adequate service to customers. The Emergency Order appointed John Fultz as temporary manager of the System. (Shannon Strong, David Speaker)
Affirm the Emergency Order as modified, RM/RH. All Agree
MISCELLANEOUS AGENDA ITEM
Item 45. Docket No. 2003-0100-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TCEQ, submitted for approval in accordance with Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. [Elizabeth West]
Approve staff recommendations as reflected in the adopted Resolution including Exhibit A, which contains the names of the donors and descriptions and statements of the purposes of the gifts and which is attached to and incorporated in these minutes, RH/RM. All Agree
MUNICIPAL SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY ADVISORY COUNCIL
Item 46. Docket No. 2003-0034-MSW. Consideration of nomination and appointment of a general public representative to the Municipal Solid Waste Management and Resource Recovery Advisory Council. (Gary W. Trim)
Approve appointing, H.C. Clark, Geologist, City of Houston, RH/KW. All Agree
GENERAL PERMIT
Item 47. Docket No. 2003-0233-IWD. Consideration of issuance of general permit number TXR150000 which regulates storm water associated with certain construction activities and certain non-storm water discharges on a state-wide basis. The Commission will also consider public comment and the Executive Director's response to comments. (Steve Ligon, Bob Brush)
Approve the issuance of the revised General Permit and adoption of the revised Response to Comments, RH/RM. All Agree
RULE MATTERS
Item 48. Docket No. 2003-0080-RUL. Consideration for publication of, and hearing on, the proposed repeal of Sections 122.131 and 122.511 - 122.516 in 30 TAC Chapter 122, Federal Operating Permits; and hearing on the proposed inclusion of previously adopted Section 122.217 in the Texas state implementation plan (SIP).
The repeal of Sections 122.131 and 122.511 - 122.516 would repeal obsolete requirements for the phased permit process and industry and county-specific general operating permits. Section 122.217 was previously adopted, but was not submitted to the United States Environmental Protection Agenda as a revision to the SIP. This hearing on the proposed inclusion of Section 122.217 in the SIP would satisfy the SIP public notice and comment requirements of 40 Code of Federal Regulations Part 51 for SIP revisions. (Beryl Thatcher, Terry Salem, Debra Barber) (Rule Log No. 2002-056-122-AI)
Approve Publication and Hearing on repeal of Sections 122.131 and 122.511 - 122.516 in 30 TAC Chapter 122, Federal Operating Permits, RM/RH. All agree
Item 49. Docket No. 2002-1139-RUL. Consideration of the adoption of amendments to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter B, Combustion at Major Sources, Division 4, Cement Kilns, Sections 117.260, 117.265, 117.279, and 117.283; Subchapter E, Administrative Provisions, Sections 117.524 and 117.570; and corresponding revisions to the state implementation plan.
The adopted rulemaking would add flexibility to the existing Chapter 117 cement kiln rules including adding a technology option for preheater/precalciner kilns, expanding the technology option for long wet and long dry kilns, allowing emission reduction credits to be used to meet the nitrogen oxides (NOx) control requirements, and revising the averaging period for the NOx emission source cap from a 30-day rolling average to a 90-day rolling average. The proposed rules were published in the November 8, 2002 issue of the Texas Register (27 TexReg 10562). (Eddie Mack, Kerri Rowland, Debra Barber) (Rule Log No. 2002-070b-117-AI)
Adopt amendments to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter B, Sections 117.260, 117.265, 117.279 and 117.283; Subchapter E, 117.524 and 117.570, RH/RM. All Agree
Item 50. Docket No. 2002-1196-RUL. Consideration for adoption of amended Section 9.1 and new Sections 9.10 - 9.17 of 30 TAC Chapter 9, Training for Commissioners; and amended Section 10.7 of Chapter 10, Commission Meetings.
The revisions to Chapter 9 would change the chapter title to "Training" and would incorporate existing language into Subchapter A, Training for Commissioners, and create a new Subchapter B, Employee Training and Education, which establishes eligibility, obligations, reimbursement, and recordkeeping and reconfirms at-will status of employees for the training and education programs at the agency. The revisions would also eliminate the requirement in Chapter 10 for audio recordings of commission meetings to serve as the minutes. Instead, the meeting minutes would be prepared by the chief clerk's office, approved by general counsel, and state the subject of each deliberation and indicate each vote, order, decision, or other action taken. An audio recording of each commission open meeting would still be required. The proposed rules were published in the November 22, 2002 issue of the Texas Register (27 TexReg 10890 and 10893). (Willie Bell, Tracey Lee Williamson, Clifton Wise) (Rule Log No. 2002-067-009-AD)
Adopt amended Section 9.1 and New Sections 9.10 - 9.17 of 30 TAC Chapter 9, Training for Commissioners, and amended Section 10.7 of Chapter 10, Commission Meetings, RH/KW. All Agree
Item 51. Docket No. 2002-1172-RUL. Consideration of the adoption of amendments to 30 TAC Chapter 20, Rulemaking, Section 20.9, Submission of Documents; and Section 20.15, Petition for Adoption of Rules; and the repeal of Section 20.19, Working Committees and Groups.
As a result of the quadrennial review of this chapter, Section 20.9 would be reworded to amend the deadline for the submission of documents to the executive director. Section 20.15 would include an update of the agency's name. Section 20.19 would repeal the section, because the rule language is already more appropriately addressed in Chapter 5, Advisory Groups. The proposed rules were published in the November 22, 2002 issue of the Texas Register (27 TexReg 10895). (Debi Dyer, Jason Haas) (Rule Log No. 2002-060-020-AD)
Adopt amendments of 30 TAC Chapter 20, Rulemaking, Section 20.9, Submission of Documents and Section 20.15, Petition for Adoption of Rules, and the repeal of Section 20.19, Working Committees and Groups, RH/KW. All Agree
STATE IMPLEMENTATION PLAN
Item 52. Docket No. 2002-1190-SIP. Consideration of the adoption of the revision to the state implementation plan (SIP) concerning the attainment demonstration for the Dallas/Fort Worth (DFW) ozone nonattainment area.
The adopted SIP would include the incorporation of the energy efficiency program. (Mike Magee, Kerri Rowland, Debra Barber) (Rule Log No. 2002-070a-SIP-AI)
Adopt revisions to the state implementation plan concerning Dallas/Fort Worth (DFW) ozone nonattainment area, RM/RH. All Agree
EXECUTIVE SESSION
Item 53. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commissioner's did not meet in Executive Session
Item 54. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commissioner's did not meet in Executive Session
Item 55. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commissioner's did not meet in Executive Session
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TCEQ AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TCEQ AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM


ADDENDUM TO AGENDA

Wednesday, March 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 56. Docket Nos. 2001-1088-AIR-E and 2001-0329-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BP Products North America, Inc. in Galveston County; TCEQ Air Account No. GB-0004-L; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (David Speaker)
Issue agreed order, RM/RH. All Agree


AGENDA

Wednesday, March 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. TCEQ Docket No. 2002-1090-WR; SOAH Docket No. 582-02-3983. Consideration of the Administrative Law Judge's Proposal for Decision and Order canceling the following Water Rights in the Middle and Lower Rio Grande; Mary Ann Baker Burnet, Juan Sauceda, et ux., Lawrence A. Mann, Trustee, Lam Investments, Co., Gregorio D. Gomez et ux., John E. Fitzgibbon, Armadillo Construction Co., and Dr. Cesar Morales et ux. The Executive Director alleges that these water rights may be canceled if not beneficially used for ten years, and the records reflect these water rights have not been used for ten years and that no cancellation exceptions apply.
Reposted as Item #3
Item 2. TCEQ Docket No. 2001-0089-MSW; SOAH Docket No. 582-01-1848. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Construction Recycling & Waste Corporation for Municipal Solid Waste Permit Application No. MSW-2278. The proposed facility is located on U.S. 380, approximately four miles east of the intersection of U.S. 380 and U.S. 75 in the City of McKinney in Collin County, Texas. The Commission will also consider timely public comments and the Executive Director's response to such comment; the permit application, and related filings, exceptions and replies.
Continued to March 19, 2003


ADDENDUM TO AGENDA

Wednesday, March 5, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 3. TCEQ Docket No. 2002-1090-WR; SOAH Docket No. 582-02-3983. Consideration of the Administrative Law Judge's Proposal for Decision and Order canceling the following Water Rights in the Middle and Lower Rio Grande; Mary Ann Baker Burnet, Juan Sauceda, et ux., Lawrence A. Mann, Trustee, Lam Investments, Co., Gregorio D. Gomez et ux., John E. Fitzgibbon, Armadillo Construction Co., and Dr. Cesar Morales et ux. The Executive Director alleges that these water rights may be canceled if not beneficially used for ten years, and the records reflect these water rights have not been used for ten years and that no cancellation exceptions apply. These water rights are located in Willacy, Cameron, Hidalgo, Starr, Webb, Zapata and Val Verde Counties.
Continued to April 2, 2003