AGENDA

Wednesday, March 19, 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.
Commissioners 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.
Commissioners 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.
Commissioners did not meet in Executive Session


OLD BUSINESS AGENDA

Wednesday, March 19, 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 20, 2003.
Item 1. Docket No. 2003-0035-RUL. Consideration for publication of proposed new Section 335.26 and amended Sections 335.1 and 335.4 - 335.6 of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The proposed rulemaking would change the timing of deed recordation and notification rules for burial of livestock carcasses and exotic livestock carcasses from agricultural operations to allow immediate burial. The proposed rules would also allow the burial of small quantities of livestock carcasses and exotic livestock carcasses on a farm without deed recordation or notice to the commission. (Tom Weirich, Richard Egan, and Michael Bame) (Rule Log No. 2002-062-335-WS)
Continued to April 30, 2003
Item carried forward from Agenda of March 5, 2003
Item 2. 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)
Issue agreed order, RM/KW. All Agree
Item carried forward from Agenda of March 5, 2003
Item 3. 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)
Issue agreed order, RM/RH. All Agree


AGENDA

Wednesday, March 19, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUESTS
Item 1. Docket No. 2003-0022-AIR. Consideration of application by Johns Manville International, Inc. for amendment of Air Quality Permit No. 46253 to authorize an additional blowing agent used in foam insulation manufacturing. The plant site is located at 906 Hillcrest Drive North in Sulphur Springs, Hopkins 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. (Craig Richardson/John Minter)
Application Withdrawn
Item 2. Docket No. 2003-0126-AIR. Consideration of application by Texas Petrochemicals, L.P. for New Air Quality Permit 46426 to authorize the construction of the Sims Bayou Cogeneration Facility. The proposed facility will be located at 8600 Park Place Blvd. in Houston, Harris 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. (Adam Talianchich/Daniel Long)
Granted hearing requests of Juan & Dora Amaya; Tina & David Amaya, deny the hearing request of Unidos Contra Environmental Racism (UCER); hearing issue for the Administrative Law Judge to consider is whether the air quality analyses performed for the application demonstrate that the emissions from the proposed project will not have adverse impacts on the requesters' health and welfare and that of their families, and that the duration of the hearing be 4 months from preliminary hearing to PFD issuance with referral to ADR for 4 to 6 weeks, KW/RH. All Agree
Item 3. Docket No. 2003-0181-AIR. Consideration of application by Rainbow Materials, Inc., for the registration of a Standard Permit for Concrete Batch Plant to authorize the construction and operation of a concrete batch plant. The proposed plant site is located five miles west of Pedernales River Bridge on Highway 71 West, near Spicewood, Burnet 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. ( Michael Gould/Garrett Arthur)
Application Withdrawn
Item 4. Docket No. 2003-0027-WR. Consideration of the San Marcos River Foundation's application for a water right to appropriate approximately 1.3 million acre feet of water per annum on the Guadalupe River to maintain streamflows for instream use, and inflow of freshwater to the Guadalupe Estuary. No water will be diverted from the river for this application. The two reference points for this application are at Palmetto State Park in Gonzales County approximately 10 miles northwest of the City of Gonzales, and the west bank of the Guadalupe River at State Highway 35 bridge, approximately 2.3 miles northeast of Tivoli, Texas in Refugio and Calhoun Counties. The commission will consider the application and the hearing requests filed on the application, including written arguments from amicus curiae, statutory parties, and hearing requesters. No public comment will be allowed, although the Commission may ask questions. (Iliana Delgado, Robin Smith)
Deny San Marcos River Foundation's application and return the application fee, RH/RM. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 5. Docket No. 2002-0550-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lewis McCreary and Jeff Koricanek dba Koricanek Poultry Farm in Lavaca County; TCEQ ID No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Terry Murphy)
Issue agreed order, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 2002-0612-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AES Deepwater, Inc. in Harris County; Air Account No. HG-1495-V; 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. (Carl Schnitz, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-0767-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Conoco Inc. in Irion County; Air Account No. IA-0001-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. (George Ortiz, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2001-1331-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Dynegy Midstream Services, L.P. in Wise and Denton Counties; Air Account Nos. WN-0005-E, WN-0109-O, WN-0183-C, DF-0008-K; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-0879-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Goodyear Tire and Rubber Company in Jefferson County; Air Account No. JE-0039-N and Air Permit Nos. 20040/PSD-TX-801, 39370, and 38755; 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. (Laura Clark, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2002-0497-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Varco, L.P. dba Tuboscope Vetco International, Inc. in Harris County; Air Account No. HG-0878-I; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2002-0863-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Equistar Chemicals, L.P. in Harris County; Air Account No. HG-0770-G; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2002-0321-AIR-E. Consideration of an Agreed Order assessing administrative penalties against United Services Automobile Association in Bexar County; Air Account No. BG-1306-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 Clausewitz, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 13. Docket No. 2002-0836-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Garcia Grain Trading Corporation in Hidalgo County; TCEQ Air Account No. HN-0313-M; 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. (Jaime Garza, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2000-1287-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Fast Fabricators, Inc., in Tarrant County; TCEQ Air Account No. TA-3797-O; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Texas Water Code, and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 15. Docket No. 2002-0373-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valence Operating Company in Hopkins County; Air Account No. HR-0018-T; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 16. Docket No. 2002-0634-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Timothy P. Richardson dba Integrity Tree Care and Landscaping in Smith County; Air Account No. SK-0575-A; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 17. Docket No. 2002-0795-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Industrial Pipe and Plastics of Texas, Inc. in Karnes County; Air Account No. KA-0041-H; General Operating Permit No. O-01701; 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 Clausewitz, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2002-0181-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining Company, L.P. in Moore County; Air Account No. MR-0008-T; for air quality violations pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Terry Murphy)
Issue agreed order, RH/RM. All Agree
EDWARDS AQUIFER AGREED ORDER
Item 19. Docket No. 2002-0215-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Beck-Reit & Sons Construction Company, Ltd. in Bexar County; TCEQ ID No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Malcolm A. Ferris, Terry Murphy)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2002-0645-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ameripol Synpol Corporation in Jefferson County; Solid Waste Registration No. 30144; for industrial & hazardous 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. (Steven Lopez, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2002-0346-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of GB Biosciences Corporation in Harris County; TCEQ Solid Waste Registration No. 30552; for industrial & hazardous 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. (Trina Grieco, Terry Murphy)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 22. Docket No. 2001-1172-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valley By Products, Inc. in El Paso County; TCEQ Air Account No. EE-1074-H and TCEQ Water Quality Permit No. 01243-001; for air and water quality violations pursuant to ch. 382 of the Texas Health and Safety Code, chs. 7 and 26 of the Texas Water Code and the rules of the Texas Commission on Environmental Quality. (John Sumner, Terry Murphy)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT DEFAULT ORDER
Item 23. Docket No. 2002-0206-MLM-E. Consideration of an Default Order assessing administrative penalties and requiring certain actions of Jamil Sayfi dba Farmers Travel Center in Bexar County; TCEQ PST ID No. 0004186; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Terry Murphy)
Issue default order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 24. Docket No. 2002-0648-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BARGAS, INC. in Tom Green County; Used Oil Transporter ID No. None; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Gary Shipp, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2001-1171-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Weatherford in Parker County; Municipal Solid Waste Permit No. 047; for water quality and municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Pamela Campbell, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0382-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Hogg County in Jim Hogg County; TCEQ ID No. HAW003; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-0780-MSW-E. Consideration of an Agreed Order assessing administrative penalties against TexPenn, Inc. in Harris County; Used Oil Handler Registration No. A85139; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (A. Sunday Udoetok, Terry Murphy)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 2002-0876-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Fort Bend County Municipal Utility District No. 23 in Fort Bend County; Texas Pollutant Discharge Elimination System Permit No. 11999-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Sherman, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0900-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Southern Livestock, Inc. in Gonzales County; Texas Pollutant Discharge Elimination System Permit No. 03970-000; EPA ID No. TX0130338; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0701-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Pasadena in Harris County; Texas Pollutant Discharge Elimination System Permit No. 10053-005; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sheila Smith, Terry Murphy)
Issue agreed order, RH/RM. All Agree
ON SITE SEWAGE FACILITY ENFORCEMENT AGREED ORDER
Item 31. Docket No. 2002-0961-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thomas and Sherry Nickels in Harris County; On-Site Sewage Facility Permit No. 101155; for on-site sewage facility violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Michael Meyer, Terry Murphy)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 32. Docket No. 2002-0083-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Juan R. Garza dba Circle Palms in Starr County; Petroleum Storage Tank Facility ID No. 30374; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0102-PST-E. Consideration of an Agreed Order assessing administrative penalties against Maria Isabel Solis formerly doing business as The Goldmine in Starr County; Petroleum Storage Tank Facility No. 47006; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2002-0339-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Darnell & Dickson Construction, Inc. in Tom Green County; Petroleum Storage Tank Facility ID No. 21397; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2002-0187-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Nizar Makani dba King Food Mart in Denton County; Petroleum Storage Tank Facility ID No. 27149; 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. (Bill Davis, Terry Murphy)
Remanded to Executive Director
Item 36. Docket No. 2002-0028-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Antonio Independent School District in Bexar County; Petroleum Storage Tank Facility ID No. 03073; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Erika Fair, Terry Murphy)
Remanded to Executive Director
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 37. Docket No. 2002-0869-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Five Star Transportation, L.P. in Harris County; Public Water Supply No. 1012510; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Shawn Stewart, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 2002-0715-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ARC Communities 8 LLC dba Aledo Estates Manufactured Home Community in Parker County; Public Water Supply ID No. 1840041; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Cheryl Thompson, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2001-1475-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Renfaire Water Supply, Inc. in Grimes County; Public Water Supply ID No. 0930057; for drinking water quality violations pursuant to Tex. Health & Safety Code chs. 13 and 341 and the rules of the Texas Commission on Environmental Quality. (Michael Meyer, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 40. Docket No. 2002-0802-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fielder Burnett dba Ponderosa Mobile Home Complex in Randall County; Public Water Supply ID No. 1910044; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 41. Docket No. 2002-0939-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Hubble and Judy Hubble dba Judy K's Kountry Kitchen in Ector County; Public Water Supply No. 0680210; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2002-0974-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Jarvis Entertainment Group, Inc. dba Tomball Bowling Center in Harris County; Public Water Supply No. 1012205; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 43. Docket No. 2002-0857-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Huff Brous McDowell & Montesi Management, Inc. in Tarrant County; Public Water Supply No. 2200319; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 44. Docket No. 2002-0885-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Escondido Creek Estates, Inc. in Kleberg County; Public Water Supply ID No. 1370034; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 45. Docket No. 2002-0782-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arthur Bayer dba Bayer Water System in Harris County; Public Water Supply No. 1010212; 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, Terry Murphy)
Issue agreed order, RH/RM. All Agree
Item 46. Docket No. 2002-0889-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Best Friend's Treasures, Inc. dba BFT Family Trailer Park in Waller County; Public Water Supply No. 2370069; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Shawn Stewart, Terry Murphy)
Issue agreed order, RH/RM. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 47. Docket No. 2002-1231-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Marta Caballero dba Caballero's Septic Cleaning in Hidalgo County; Sludge Transporter Registration No. 23254; for water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Sandra Hernandez Alanis, Terry Murphy)
Issue agreed order, RH/RM. All Agree
RULE MATTERS
Item 48. Docket No. 2002-0955-RUL. Consideration for publication of, and hearing on, proposed amended and new sections of 30 TAC Chapter 113, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants that would incorporate by reference United States Environmental Protection Agency rules concerning national emission standards for hazardous air pollutants for source categories in implementation of the 1990 Amendments to the Federal Clean Air Act. These technology-based standards are commonly referred to as the maximum achievable control technology (MACT) standards. The rulemaking will add 18 new MACT standards, and update 34 MACT standards previously adopted by the commission by updating the federal promulgation dates cited in the commission rules. (Keith Sheedy, Steve Hagle, Dan Joyner, Alan Henderson) (Rule Log No. 2002-036a-113-AI)
Reposted as Item 55
Item 49. Docket No. 2002-1222-RUL. Consideration for the adoption of amended Section 305.48, Additional Contents of Applications for Wastewater Discharge Permits, of 30 TAC Chapter 305, Consolidated Permits, and new Section 308.91, Criteria Applicable to Cooling Water Intake Structures under the Clean Water Act, Section 316(b), of 30 TAC Chapter 308, Criteria and Standards for the National Pollutant Discharge Elimination System.
The rulemaking incorporates by reference the new United States Environmental Protection Agency requirements in 40 Code of Federal Regulations, Section 122.21(r), Applications for Facilities with Cooling Water Intake Structures, and Part 125, Subchapter I, Requirements Applicable to Cooling Water Intake Structures for New Facilities Under Section 316(b) of the Act. The rulemaking also corrects the name for Standard Industrial Classification (SIC) code and requires that Texas Pollutant Discharge Elimination System permit applications also provide North American Industry Classification System codes, which have replaced SIC codes. The proposed rules were published in the December 6, 2002 issue of the Texas Register (27 TexReg 11479). (Curtis Seaton, Robin Smith, Joseph Thomas) (Rule Log No. 2002-066-305-WT)
Approve adoption of amended section 305.48 of 30 TAC Chapter 305 and new section 308.91 of 30 TAC Chapter 308, RH/RM. All Agree
Item 50. Docket No. 2003-0207-RUL. Consideration for publication of, and hearing on, amended Section 1.3 and proposed new Section 1.13 of 30 TAC Chapter 1, Purpose of Rules, General Provisions; and new Sections 70.1 - 70.8, General Rules, Sections 70.20 - 70.33, Rules of Practice; and repealed Sections 70.1 - 70.11, Enforcement Generally, Section 70.51, Mandatory Enforcement Hearings, and Sections 70.101 - 70.109, Enforcement Referrals to SOAH, of 30 TAC Chapter 70, Enforcement.
The proposed modifications to Chapter 1 would include making it a rule requirement that customers and regulated entities submit a completed core data form showing basic identity information, and keep a copy of the form. The proposed modifications to Chapter 70 would include making a clear distinction between rules that describe general enforcement matters and rules of practice in enforcement cases. The proposed rules would modify the requirements for the executive director to serve the Executive Director's Preliminary Report on a respondent. (Richard O'Connell, Debra Barber) (Rule Log No. 2002-063-070-AD)
Remanded to Executive Director
Item 51. Docket No. 2003-0232-RUL. Consideration for publication of, and hearing on, proposed repeal of Section 116.170; amended Sections 116.12, 116.114 - 116.116, 116.143, 116.150, 116.313, 116.315, and 116.715; and new Sections 116.120, 116.170, and 116.172 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the state implementation plan.
The proposed rulemaking would require emission reductions be certified as offsets under Chapter 101, Subchapter H, retaining Chapter 116 as a future internal offset certification method, ensure timely submission of updated and additional information used to process new source review applications including the establishment of a voidance process, require an application for permit renewal to be submitted at least six months but no earlier than 18 months prior to the permit expiration date, and allow an additional 18 months before voiding a permit to begin construction of authorized projects for delays caused by third party litigation or other specific reasons. (Beecher Cameron, Garrett Arthur, Clifton Wise) (Rule Log No. 2003-003-116-AI)
Approve publication and hearing on, proposed repeal of Section 116.170; amended Sections 116.12, 116.114 - 116.116, 116.143, 116.150, 116.313, 116.315, and 116.715; and new Sections 116.120, 116.170, and 116.172 of 30 TAC Chapter 116, and the corresponding SIP revisions. RH/RM. All Agree
EXECUTIVE SESSION
Item 52. 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 met in Executive Session, no action taken
Item 53. 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 met in Executive Session, no action taken
Item 54. 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 met in Executive Session, no action taken

(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 19, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 55. Docket No. 2002-0955-RUL. Consideration for publication of, and hearing on, proposed amended and new sections of 30 TAC Chapter 113, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants that would incorporate by reference United States Environmental Protection Agency rules concerning national emission standards for hazardous air pollutants for source categories in implementation of the 1990 Amendments to the Federal Clean Air Act. These technology-based standards are commonly referred to as the maximum achievable control technology (MACT) standards. The rulemaking will add 18 new MACT standards, and update 34 MACT standards previously adopted by the commission by updating the federal promulgation dates cited in the commission rules.
The 18 new federal MACT standards include Polyvinyl Chloride and Copolymers Production; Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand Alone Semichemical Pulp Mills; Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations; Primary Copper Smelting; Secondary Aluminum Production; Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units; Municipal Solid Waste Landfills; Manufacturing of Nutritional Yeast; Solvent Extraction for Vegetable Oil Production; Wet-Formed Fiberglass Mat Production; Paper and Other Web Coating; Surface Coating of Large Appliances; Surface Coating of Metal Coil; Leather Finishing Operations; Cellulose Products Manufacturing; Boat Manufacturing; Rubber Tire Manufacturing; and Friction Materials Manufacturing Facilities.
The 34 MACT standards proposed to be amended in this rulemaking include Synthetic Organic Chemical Manufacturing Industry; Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; Organic Hazardous Air Pollutants for Equipment Leaks; Coke Oven Batteries; Ethylene Oxide Emissions Standards for Sterilization Facilities; Pulp and Paper Industry; Halogenated Solvent Cleaning; Group I Polymers and Resins; Epoxy Resins Production and Non-Nylon Polyamides Production; Phosphoric Acid Manufacturing Plants; Phosphate Fertilizers Production Plants; Petroleum Refineries; Off-Site Waste and Recovery Operations; Aerospace Manufacturing and Rework Facilities; Oil and Natural Gas Production Facilities; Shipbuilding and Ship Repair (Surface Coating); Containers; Individual Drain Systems; Closed Vent Systems, Control Devices, Recovery Devices, and Routing to a Fuel Gas System or a Process; Equipment Leaks - Control Level 1; Equipment Leaks - Control Level 2; Oil Water Separators and Organic-Water Separators; Storage Vessels (Tanks) - Control Level 2; Generic Maximum Achievable Control Technology Standards; Hazardous Waste Combustors; Pharmaceuticals Production; Natural Gas Transmission and Storage Facilities; Group IV Polymers and Resins; Portland Cement Manufacturing Industry; Pesticide Active Ingredient Production; Manufacture of Amino/Phenolic Resins; Polyether Polyols Production; Publicly Owned Treatment Works; and Ferroalloys Production: Ferromanganese and Silicomanganese. (Keith Sheedy, Steve Hagle, Dan Joyner, Alan Henderson) (Rule Log No. 2002-036a-113-AI)
Approve publication and hearing on proposed amended and new sections of 30 TAC Chapter 113, RH/KW. All Agree


OLD BUSINESS AGENDA

Wednesday, March 19, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agenda of March 5, 2003.
Item 1. 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.
Adopt Administrative Law Judge's Proposal for Decision and Order with changes as recommended, RH/RM. All Agree


AGENDA

Wednesday, March 19, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2000-0466-AGR-E; SOAH Docket No. 582-02-0709. Consideration of the Administrative Law Judge's Proposal for Decision and Order against B & S Cattle Feeders, L.L.C., alleging that respondent confined an excessive number of animals without a concentrated animal feeding operation (CAFO) permit, and that it failed to properly dispose of dead animals. This facility is located in Reilly Springs, Hopkins County, Texas.
Referred back to Administrative Law Judge to reopen the record and take additional information regarding inability to pay, RH/KW. All Agree
Item 2. TCEQ Docket No. 2001-0130-PST-E; SOAH Docket No. 582-02-2948. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Alauddin Investments, Inc. dba Kwik Trip Food Store, for alleged petroleum storage tank violations at its facility located at 551 Fredricksburg Road, San Antonio, Bexar County, Texas.
Continued to April 30, 2003