AGENDA

Wednesday, July 9, 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 closed 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 closed 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 closed session


OLD BUSINESS AGENDA

Wednesday, July 9, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agenda of June 18, 2003.
Item 1. Docket No. 2003-0632-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 101, General Air Quality Rules; Subchapter F, Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities; Division 3, Operational Requirements, Demonstrations, and Actions to Reduce Excessive Emissions; Sections 101.221 - 101.223; and corresponding revisions to the Texas state implementation plan.
The proposed rulemaking would improve consistency with United States Environmental Protection Agency policy regarding excess emissions during maintenance, startup, and shutdown activities, and malfunction events. (Brad Toups, Janis Hudson, Alan Henderson) (Rule Log Number 2003-038-101-AI)
Approve publication and hearing, RM/RH. All Agree


Huston
Marquez
White

AGENDA

Wednesday, July 9, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUEST
Item 1. Docket No. 2003-0586-AIR. Consideration of application by Frank Bartel Transportation, Inc. for New Standard Permit No. 49976 to authorize the construction of a concrete batch plant. The proposed facility site is located on the west side of Aubrey Industrial Park Road, 4,000 feet east of Highway 377, near Aubrey, in Denton 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. (Helga Chatelle, Dan Joyner)
Deny all hearing requests as a matter of law, and remand the application to the Executive Director for processing as uncontested, RH/KW. All Agree
WATER OPERATOR CERTIFICATION MATTER
Item 2. Docket No. 2003-0635-WTR. Consideration of an application from Syed Hyder d/b/a River Side Wastewater Treatment Plant ("River Side") for an order requiring the disconnection of water service for nonpayment of sewer service charges in accordance with the requirements of Title 30, Section 291.88(e) of the Texas Administrative Code. River Side requests an order from TCEQ that would require Brushy Water Supply Corporation to terminate water service under specified conditions to certain customers for nonpayment of undisputed bills for sewer service provided by River Side in Brazos County. (Todd Burkey, Elsie Pascua)
Dismiss application, RH/RM. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2002-1364-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jewel Alt dba Alt Dairy Farm in Hamilton County; Water Quality Permit No. 04108; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Merrilee Gerberding, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 4. Docket No. 2002-1082-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Frisia Farms Dairy #1, L.L.C. in Erath County; Water Quality Permit No. 03199; for agriculture violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Stacey Young, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 5. Docket No. 2000-0466-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B&S Cattle Feeders, L.L.C. in Hopkins County; TCEQ ID No. None; for confined animal feeding operation and water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, David Speaker)
Issue agreed order, RH/KW. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 2002-1159-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Richard Alonso dba Alonso Inspections in Dallas County; TCEQ ID No. None; 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 Texas Administrative Code ch. 60. (Judy Fox, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 7. Docket No. 2003-0021-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Arnold Crushed Stone, Inc. in Hill County; Air Account No. HO-0003-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, including specifically 30 Texas Administrative Code ch. 60. (Miriam Hall, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 8. Docket No. 2002-1409-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Nasim Shakeeb dba Clark Road Mobil in Dallas County; Air Account No. DB-5358-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, including specifically 30 Texas Administrative Code ch. 60. (Carl Schnitz, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 9. Docket No. 2002-0924-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hilcorp Energy Company in Liberty County; Air Account No. LH-0271-J; 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. (Suzanne Walrath, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 10. Docket No. 2002-1362-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oiltanking Houston, L.P. in Harris County; Air Account No. HG-0531-D; 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 Texas Administrative Code ch. 60. (Gilbert Angelle, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 11. Docket No. 2002-1134-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Sterlin Stringer dba Stringer's Auto in Orange County; Air Account No. OC-0380-H and Regulated Entity Reference Number 101929248; 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 Texas Administrative Code ch. 60. (John Barry, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 12. Docket No. 2002-1084-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tri-Union Development Corporation in Brazoria County; Air Account No. BL-0004-O; 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 Texas Administrative Code ch. 60. (Stacey Young, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 13. Docket No. 2001-0033-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Sid Richardson Gasoline, Ltd. in Winkler County; TCEQ Air Account Nos. WM-0010-W & WM-0011-U; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (David Speaker)
Reposted as #61
Item 14. Docket No. 2000-1385-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BFI Waste Systems of North America, Inc. in Bexar County; TCEQ ID No. BG-0734-U; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, David Speaker)
Continued to August 20, 2003, RH/KW. All Agree
Item 15. Docket No. 2003-0248-AIR-E. Consideration of an Agreed Order assessing administrative penalties against The Kippur Corporation in El Paso County; Air Account No. 95-0074-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, including specifically 30 Texas Administrative Code ch. 60. (Jill Kelley, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 16. Docket No. 2003-0105-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Sebastian Cotton and Grain, Ltd. in Hidalgo County; TCEQ Air Account ID No. HN-0137-I and Regulated Entity ID No. RN100840537; 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 Texas Administrative Code ch. 60. (Jaime Garza, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 17. Docket No. 2002-1318-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Masters Resources, LLC in Chambers County; Air Account No. CI-0175-U; 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 Texas Administrative Code ch. 60. (Trina Grieco, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 18. Docket No. 2002-1184-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of EPGT Texas Pipeline, L.P. in Sutton County; Air Account Nos. SQ-0031-C, SQ-0053-P and SQ-0095-W; 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 Texas Administrative Code ch. 60. (Sheila Smith, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 19. Docket No. 2002-1233-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining Company, L.P. in Live Oak County; Air Account Number LK-0009-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, including specifically 30 Texas Administrative Code ch. 60. (Edward R. Moderow, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 20. Docket No. 2002-0953-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cambs Marine Service, L. L. C. in Jefferson County; Air Account No. JE-0901-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, including specifically 30 Texas Administrative Code ch. 60. (Suzanne Walrath, David Van Soest)
Issue agreed order, RH/KW. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 21. Docket No. 2003-0130-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Brinker Texas, LP dba Chili's Restaurant in Williamson County; Edwards Aquifer Protection Program File No. 98102202; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Lawrence King, David Van Soest)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE DEFAULT ORDER
Item 22. Docket No. 1999-0412-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Western Environmental of Oklahoma, L.L.C. in Medina County; EPA ID No. TXR 000029330; Solid Waste Registration No. F0237; for industrial and hazardous 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. (Richard S. O'Connell, David Speaker)
Issue default order, RH/KW. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2002-1417-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Chemicals Incorporated in Chambers County; Texas Pollutant Discharge Elimination System Permit No. 03713-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kimberly McGuire, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 24. Docket No. 2002-0839-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Drilling Specialties Company LLC dba DSC Drilling Specialties Company LLC in Montgomery County; Texas Pollutant Discharge Elimination System Permit No. 02475-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, David Van Soest)
Issue agreed order, RH/KW. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 25. Docket No. 2002-0661-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Robert Bader and Cindy Bader in Medina County; Air Account No. MJ-0058-A and Unauthorized Site No. MSW-455130037; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Laurie Eaves, David Van Soest)
Issue agreed order, RH/KW. All Agree
MULTI-MEDIA ENFORCEMENT DEFAULT ORDER
Item 26. Docket No. 2000-0059-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jeff Lyon dba A-1 Metal Recyclers in McCulloch County; EPA ID No. TXR 000030940; Solid Waste Registration No. 86353; Air Account No. MA-0050-S; for water quality, air quality, and industrial and hazardous waste violations pursuant to the Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Richard S. O'Connell, David Speaker)
Issue default order, RH/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 27. Docket No. 2002-0664-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Weslaco in Hidalgo County; Municipal Solid Waste Permit No. 697; for municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, David Van Soest)
Issue agreed order, RH/KW. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 2002-1122-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Flying J Inc in Taylor County; Petroleum Storage Tank Facility ID No. 0069778; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Gloria Stanford, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 29. Docket No. 2002-1251-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Clinton Lynn in Robertson County; RN No. 102717634; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Laurie Eaves, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 30. Docket No. 2002-1323-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Troy in Bell County; Texas Pollutant Discharge Elimination System Permit No. 11263-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Michael Meyer, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 31. Docket No. 2003-0011-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Municipal Utility District No. 166 in Harris County; Water Quality Permit No. 12474-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Sheila Smith, David Van Soest)
Issue agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 32. Docket No. 2002-1099-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Syed H. Ali dba Blanco Groceries in Bexar County; Petroleum Storage Tank Facility ID No. 39465; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Malcolm A. Ferris, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 33. Docket No. 2002-1325-PST-E. Consideration of an Agreed Order assessing administrative penalties against King Fuels, Inc. in Galveston County; TCEQ ID No. None, Regulated Entity No. 103004602; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Trina Grieco, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 34. Docket No. 2002-0976-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hoang Van Nguyen dba Nick's Grocery in Jefferson County; Petroleum Storage Tank Facility No. 0047601; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (John Barry, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 35. Docket No. 2001-1081-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hall Grapevine Corporation dba Hall Johnson Chevron in Tarrant County; TCEQ PST Facility ID No. 69604; for petroleum storage tank violations pursuant to the Tex. Water Code chs. 7 and 26, Tex. Health and Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, David Speaker)
Issue agreed order, RH/KW. All Agree
Item 36. Docket No. 2002-0770-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kayani-1, Inc. in Jefferson County; TCEQ PST ID No. 0073462; for petroleum storage tank violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Diana Grawitch, David Speaker)
Remanded to Executive Director
Item 37. Docket No. 2002-1219-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Petroleum Transports, Inc. in El Paso County; TCEQ ID No.: None; for petroleum storage tank violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Diana Grawitch, David Speaker)
Issue agreed order, RH/KW. All Agree
Item 38. Docket No. 2003-0447-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Skinny's Inc. in Taylor, Nolan, Stephens, Coleman, McCulloch, Tom Green, Lampasas, and McLennan Counties; TCEQ ID Nos. 6849, 6850, 6852, 6857, 17208, 37688, 30746, 50086, 44904, 53745, 37674, 37671, 7178, 10983; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (David Speaker).
Issue agreed order, RH/KW. All Agree
Item 39. Docket No. 2000-0295-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Skinny's Inc. in Taylor, Scurry, Mitchell, Callahan, Stephens, Brown, Coryell, and Hill Counties; TCEQ ID Nos. 6851, 55673, 68705, 19830, 44901, 6856, 37613, 44226, 37670, 7177, and 7188, ; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (David Speaker)
Issue agreed order, RH/KW. All Agree
Item 40. Docket No. 2002-0518-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rio Concho Aviation, Inc. in Tarrant County; PST ID No. 30048; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash Petty, David Speaker)
Issue agreed order, RH/KW. All Agree
Item 41. Docket No. 2000-1258-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ron Laney Oil Co. Inc. in Baylor County; TCEQ PST ID Nos. 8311 and 8319; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Gitanjali Yadav, David Speaker)
Issue agreed order, RH/KW. All Agree
Item 42. Docket No. 2001-1186-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Spur Services, Inc. dba Spur Texaco in El Paso County; Petroleum Storage Tank Facility ID No. 0065593; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (A. Sunday Udoetok, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 43. Docket No. 2002-0441-PST-E. Consideration of an Agreed Order assessing administrative penalties against Pilkington's Big Tex Oil Distributors, 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. (J. Craig Fleming, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 44. Docket No. 2002-0728-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lamesa in Dawson County; Petroleum Storage Tank Facility ID No. 0061969; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Merrilee Gerberding, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 45. Docket No. 2002-1367-PST-E. Consideration of an Agreed Order assessing administrative penalties against Glazer's Wholesale Drug Company, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 0040849; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Johnson, David Van Soest)
Issue agreed order, RH/KW. All Agree
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 46. Docket No. 2002-1406-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jackson County Water Control and Improvement District No. 1 in Jackson County; Public Water Supply ID No. 1200003; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Audra Baumgartner, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 47. Docket No. 2002-1042-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Lower Valley Water District in El Paso County; Public Water Supply No. 0710154; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Subhash Jain, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 48. Docket No. 2002-1347-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Hydro Conduit of Texas, LP dba Rinker Materials Moor-Tex in Austin County; Public Water Supply No. 0080047; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Brian Lehmkuhle, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 49. Docket No. 2002-1267-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Utilities, Inc. dba Piney Point Subdivision Water System in Montgomery County; Public Water Supply No. 1700061 and Certificate of Convenience and Necessity No. 11740; 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, including specifically 30 Texas Administrative Code ch. 60. (Catherine Albrecht, David Van Soest)
Issue agreed order, RH/KW. All Agree
Item 50. Docket No. 2002-0462-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Pelican Bay in Tarrant County; Public Water Supply ID No. 2200164; 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, David Van Soest)
Issue agreed order, RH/KW. All Agree
WATER RIGHT ENFORCEMENT AGREED ORDER
Item 51. Docket No. 2003-0001-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Red River County Water Control & Improvement District 1 - Langford Creek in Red River County; District No. 7234000; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Brian Lehmkuhle, David Van Soest)
Issue agreed order, RH/KW. All Agree
MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDER
Item 52. Docket No. 2003-0631-UCR-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on June 2, 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 (Utility) by M. Roger Boyd dba Rocket Water Company, in Oak Forest, Section 2, which is located approximately 16 miles north-northwest of downtown San Marcos on Farm to Market Road 967 in Hays County (TCEQ PWS No. 1050128), and in Briarwood/the Woodlands, which is located approximately three miles northwest of downtown San Marcos in Hays County (TCEQ PWS No. 1050139); CCN No. 12776; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. The Emergency Order appointed Stan Putman as temporary manager of the Utility. (Richard S. O'Connell)
Deny hearing request and Affirm Emergency Order, RH/KW. All Agree
DISTRICT MATTER
Item 53. Docket No. 2003-0269-DIS. Consideration of an application of William N. Carl, as president of Triton Lots, Inc. landowner (Petitioner), for dissolution of Harris County Municipal Utility District No. 137 (District) in Harris County. The Petitioner requests that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 02182003-D09; Rob Cummins, John Deering)
Approve dissolution of Harris County Municipal Utility District No. 137, RM/KW. All Agree
RULE MATTERS
Item 54. Docket No. 2003-0645-RUL. Consideration of a petition for rulemaking filed by an individual, received on May 12, 2003, requesting a rulemaking to limit the future use of properties where pet cemeteries are operated. If approved, the amendment would be to 30 TAC Chapter 330, Municipal Solid Waste. (Geoff Kirshbaum, Joseph Thomas) (Rule Log No. 2003-036-PET-WS)
Deny petition, RH/KW. All Agree
Item 55. Docket No. 2003-0608-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Sections 114.50, 114.52, and 114.53; and corresponding revisions to the state implementation plan (SIP).
These proposed amendments to Chapter 114 and corresponding revisions to the Texas inspection and maintenance (I/M) SIP would delay for one year the start of the I/M program for vehicles registered in Chambers, Liberty, and Waller Counties. This program requires tailpipe emissions testing during annual state inspections of vehicles. The early participation incentive program for vehicle inspection stations in those counties would also be delayed for one year. This program allows for reimbursements from the agency to vehicle inspection stations for emissions testing equipment if certain requirements are met. There would be no change to either program other than the delay of the start dates. (Ray Schubert, Garrett Arthur, Joseph Thomas) (Rule Log No. 2003-034-114-AI)
Approve publication of and hearing on proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicle, and corresponding revisions to the state implementation plan, RM/RH. All Agree
EXECUTIVE SESSION
Item 56. 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.
Item 57. 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.
Move that the Commission authorize the General Counsel to prepare and deliver a letter to the Attorney General regarding the effect of HB 2554, on the TSP Development, LTD matter since it appears that HB 2554 has rendered the results of the appeal in Carl J. Monk et al. V. Robert J. Huston, et al, moot, and I would move we authorize the General Counsel to prepare said letter, RH/RM. All Agree
Item 58. 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.
(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, July 9, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 59. Docket No. 2003-0331-AIR. Consideration for amendments to the air quality standard permit for concrete batch plants under 30 TAC Chapter 116, Subchapter F, Standard Permits. The amendment allows certain temporary concrete batch plants that will provide concrete to a public works project and be located in or contiguous to the public works right of way the option to register by notifying the appropriate regional office of the commission at least 30 calendar days prior to locating in or contiguous to the public right of way. The amended air quality standard permit will be effective July 10, 2003. Notice of the proposed permit was published in the January 10, 2003 issue of the Texas Register (28 TexReg 500) (Mike Gould/Blake Stewart).
Approve standard permit, with change, RM/KW. All Agree
Item 60. Docket No. 2003-0310-AIR. Consideration for issuance of a new air quality standard permit for hot mix asphalt plants under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit will authorize permanent and temporary plants that have a production rate not greater than 400 tons per hour and which satisfy all applicable requirements in the standard permit, including the requirement to use fabric filters as a particulate control device and on-site property line distance requirements. The new air quality standard permit will be effective July 10, 2003. Notice of the proposed standard permit was published in the January 10, 2003 edition of the Texas Register (28 TexReg 501). (Mike Gould/Blake Stewart)
Approve standard permit, RM/KW. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, July 9, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 61. Docket No. 2002-1291-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Sid Richardson Gasoline, Ltd. in Winkler County; TCEQ Air Account Nos. WM-0010-W & WM-0011-U; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (David Speaker)
Issue agreed order, RH/KW. All Agree


AGENDA
Wednesday, July 9, 2003
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. TCEQ Docket No. 2000-0018-UCR; SOAH Docket No. 582-00-0546. Motion for Rehearing filed by the City of Austin regarding the Commission's Order approving the application by Creedmoor-Maha to amend Certificate of Convenience and Necessity No. 11902 to provide water service in Travis and Hays Counties.
Grant the Motion for Rehearing and Remand to the Executive Director, RH/KW. All Agree
Item 2. TCEQ Docket Nos. 2002-0655-UCR and 2001-1564-UCR; SOAH Docket Nos. 582-02-3189 and 582-02-2791. Consideration of the Administrative Law Judge's Proposal for Decision and Orders, in reference to the application of CTP Utilities, Inc. to obtain water and sewer certificates of convenience and necessity in Harris County, and the application of Chasewood Utilities, Inc. to transfer water CCN No. 11863 and obtain a sewer CCN in Harris County.
Continued to December 17, 2003, RM/RH. All Agree