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.

Item carried forward from Agenda of September 10, 2003.

Item 1.

Docket No. 2002-0791-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Wal-Mart Stores, Inc. in Anderson County; Texas Polutant Discharge Elimination System Permit No. 03597; 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. (Carolyn V. Lind, Gilbert Angelle)

Approve agreed order. RM/RH, all agreed.

Item carried forward from Agenda of September 10, 2003.

Item 2.

Docket No. 2003-0725-RUL. Consideration for publication of, and hearing on, an amendment to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter B, New Source Review Permits, Section 116.112, Distance Limitations, and corresponding revisions to the state implementation plan.

The proposed rulemaking would allow for the storage of an inoperative concrete crusher within 440 yards of a residence, school, or place of worship; clearly define how distance measurements should be taken and when they would be applicable for concrete crushers and other facilities; and allow concrete crushers to recycle broken concrete at temporary demolition sites within 440 yards of nearby structures, unless the facility is located in a county with a population of 2.4 million or more, or in a county adjacent to such a county. (Blake Stewart, Laura Pfefferle, Clifton Wise) (Rule Log No. 2003-046-116-AI)

Re-posted as Item 50.

HEARING REQUEST

Item 1.

Docket No. 2003-0729-MSW. Consideration of a permit application submitted by Regional Land Management Services, Ltd. for a new permit (proposed MSW Permit No. 2286), to operate a new Type I landfill located in Webb County, off State Highway 359 approximately 11 miles east of the intersection of State Highway 359 and Loop 20. The proposed landfill with a total net disposal volume (waste and daily cover) of approximately 88,271,000 cubic yards. The total area within the permit boundary is approximately 498.906 acres. Approximately 347 acres will be used for actual land filling operations. The Commission will also consider hearing requests, related responses and replies, public comment, and the Executive Director's response to comments. (Anthony Tatu/Karen Cleveland)

Grant Hearing Requests of Highway 359 Landowner Coalition and seven individual landowners; Deny Hearing Requests of the City of Laredo and Webb County; refer to SOAH for 9 months for hearing on the issues of (2) Is the proposed facility compatible with area land uses, (3) Is the proposed groundwater monitoring adequate, (4) Are the proposed surface water controls adequate, (5) Does the application meet TCEQ site selection criteria with regard to unstable areas, faults, wetlands, and floodplains, (6) Is the proposed landfill compatible with the Regional Solid Waste Plan, (8) Does the Applicant’s compliance history at other facilities operated by the Applicant warrant permit denial or require special conditions, (9) Is the proposed Site Operating Plan adequate, (10) Is the information submitted on geology and hydrology for the site adequate, (11) Are the designs for the landfill liner, sidewalls, leachate collection systems, and storm water controls adequate, (12) Did the Applicant adequately evaluate endangered or threatened species at the site, (13) Does the Applicant propose adequate financial assurance, (14) Did the application present adequate transportation information, (15) Is the proposed buffer zone and screening adequate, (18) Should the permit term be for the life of the facility, (20) Does the application adequately evaluate the soils and geotechnical conditions at the proposed landfill, and (21) Does the application adequately address drainage. RM/RH; all agreed.

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 2.

Docket No. 2002-1352-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Boral Bricks, Inc. in Rusk County; Air Account No. RL-0010-N; New Source Review Permit No. 21012; 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. (J. Craig Fleming, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 3.

Docket No. 2002-1012-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E.I. Du Pont de Nemours & Company, Inc. in Jefferson County; Air Account No. JE-0033-C and Air Permit No. 1743; 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. (Laura Clark, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 4.

Docket No. 2002-1265-AIR-E. Consideration of an Agreed Order assessing administrative penalties against ICO Worldwide, L.P. in Harris County; Air Account No: HG-0539-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, including specifically 30 Texas Administrative Code ch. 60. (Catherine Albrecht, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 5.

Docket No. 2003-0031-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pioneer Hi-Bred International, Inc. in Hidalgo County; TCEQ Air Account No. HN-0160-N; 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. (Sandra Hernandez Alanis, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 6.

Docket No. 2003-0053-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, Regulated Entity No. 102584026, Flexible Permit No. 6825A/PSD-TX-49, and Air Permit 2303A; 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. (Laura Clark, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 7.

Docket No. 2003-0301-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Pipe Line Company in Harris County; Air Account No. HG-0565-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 Texas Administrative Code ch. 60. (Rebecca Johnson, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 8.

Docket No. 2002-1344-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Opper Enterprises, Inc. in Montgomery County; Air Account No. MQ-0716-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. (Catherine Sherman, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 9.

Docket No. 2003-0087-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Randy Roan Construction, Inc. in Montgomery County; Air Account No. 94-8639-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, including specifically 30 Texas Administrative Code ch. 60. (Trina Grieco, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 10.

Docket No. 2002-0174-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Solutia Inc. in Brazoria County; Air Account No. BL-0038-U; for air quality violations pursuant to Tex. Health & Safety Code chs. 370 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Rebecca Johnson, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 11.

Docket No. 2002-0874-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Structural Metals, Inc. in Guadalupe County; Air Account No. GL-0028-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, including specifically 30 Texas Administrative Code ch. 60. (Rebecca Clausewitz, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS

Item 12.

Docket No. 2002-1240-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U S Liquids of Houston, L.L.C. in Harris County; Solid Waste Registration No. 33969; 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, including specifically 30 Texas Administrative Code ch. 60. (Catherine Sherman, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 13.

Docket No. 1999-0258-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Engine Components, Inc. in Bexar County; TCEQ ID No. 31567; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Pam Campbell)

Approve the agreed order; RH/KW; all agree.

Item 14.

Docket No. 2002-1203-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marvin and Betty Whitehead dba Whitehead Utilities Co., Inc. in Jasper County; Solid Waste Registration No. F0980; 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, including specifically 30 Texas Administrative Code ch. 60. (John Barry, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

Item 15.

Docket No. 2003-0208-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Superior Derrick Services, Inc. in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12443-001; 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. (Kimberly McGuire, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS

Item 16.

Docket No. 2003-0007-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Basic Equipment Co. in Nueces County; Air Account Number NE-0495-H; Regulated Entity No. 102704491; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 382 and 361, 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, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 17.

Docket No. 2001-1434-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kountze in Hardin County; Public Water System No. 1000001, Texas Pollutant Discharge Elimination System Permit No. 10203-003; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 18.

Docket No. 2002-0871-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Rohm and Haas Texas Incorporated in Harris County; Air Account No. HG-0632-T, Petroleum Storage Tank Facility ID No. 0034677; 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, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 19.

Docket No. 2002-1335-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rudy Cantu dba Cantu Pallets in Bexar County; TCEQ ID No. BG-1264-G; for air quality and municipal solid waste violations pursuant to the 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 Tex. Admin. Code ch. 60. (Snehal R. Patel, Pam Campbell)

Approve the agreed order; RH/KW; all agree.

Item 20.

Docket No. 2002-0926-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tecon Water Company, L.P. dba Decker Hills Water System, Decker Hills Wastewater Treatment Facility, and Champions Glen Wastewater Treatment Facility in Montgomery County; Public Water Supply No. 1700386, Certificate of Convenience and Necessity No. 12983, Texas Pollutant Discharge Elimination System Permit Nos. 12587-001 and 11968-001; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7, 13, and 26, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Catherine Albrecht, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

MULTI-MEDIA MATTER ENFORCEMENT DEFAULT ORDER

Item 21.

Docket No. 2002-1130-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bill Turner dba Turner Roofing in Newton County; TCEQ ID Nos. NC-0045-S and 102196102; for air quality and municipal solid waste violations pursuant to the 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 Tex. Admin. Code ch. 60. (Laurencia Fasoyiro, Pam Campbell)

Approve the default order; RH/KW; all agree.

MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

Item 22.

Docket No. 2002-1341-MSW-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Starr County in Starr County; Regulated Entity ID No. RN100523414; 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, including specifically 30 Texas Administrative Code ch. 60. (Jaime Garza, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 23.

Docket No. 2003-0056-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Cypress Hill Municipal Utility District No. 1 in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12327-001; 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. (J. Craig Fleming, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 24.

Docket No. 2003-0138-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Groesbeck in Limestone County; Texas Pollutant Discharge Elimination System Permit No. 10182-001; 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. (Thomas Greimel, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 25.

Docket No. 2003-0244-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Garrett Creek Ranch, Inc. in Wise County; Texas Pollutant Discharge Elimination System No. 13427-001; 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. (Thomas E. Jecha, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 26.

Docket No. 2001-0670-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Gregory in San Patricio County; Texas Pollutant Discharge Elimination System Permit No. WQ0010092-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 27.

Docket No. 2002-0946-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Hidalgo in Hidalgo County; Water Quality Permit No. 11080-001, National Pollutant Discharge Elimination System Permit No. TX0058386, Regulated Entity ID No. RN101919975; 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. (Sandra Hernández Alanís, Pamela Campbell)

Remanded to Executive Director.

Item 28.

Docket No. 2002-0359-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Trenton in Fannin County; National Pollutant Discharge Elimination System Permit No. TX0026794, Texas Pollutant Discharge Elimination System Permit No. 10704-001; 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. (Laurie Eaves, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 29.

Docket No. 2003-0134-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Tejas Machines, Inc. in Harris County; Regulated Entity No. 102923604; 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. (Catherine Sherman, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 30.

Docket No. 2003-0079-MWD-E. Consideration of an Agreed Order assessing administrative penalties against McLennan County Water Control & Improvement District No. 2 in McLennan County; Texas Pollutant Discharge Elimination System Permit No. 10344-001; 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. (Thomas E. Jecha, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT AGREED ORDER

Item 31.

Docket No. 2003-0068-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Gerald Yates in Harris County; On-Site Sewage Facility Permit No. 101135; for water quality violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Michael Meyer, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 32.

Docket No. 2003-0364-PST-E. Consideration of an Agreed Order assessing administrative penalties against Adam Ahmad dba Austex Food Mart in Travis County; Petroleum Storage Tank Facility ID No. 36620; 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. (Lori J. Thompson, R.S., Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 33.

Docket No. 2002-1394-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Garrhon Enterprises Inc. dba Texaco Food Mart in Tarrant County; Petroleum Storage Tank Facility ID No. 0013509; 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, including specifically 30 Texas Administrative Code ch. 60. (Cheryl Thompson, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 34.

Docket No. 2003-0162-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hollon Oil Company in Hidalgo County; Regulated Entity ID No. RN100523141; 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. (Sandra Hernández Alanís, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 35.

Docket No. 2002-0422-PST-E. Consideration of an Agreed Order assessing administrative penalties against C & R Distributing, Inc. in El Paso 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. (Elvia Maske, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 36.

Docket No. 2002-1017-PST-E. Consideration of an Agreed Order assessing administrative penalties against Umar Bhatti, Inc. dba One Stop Food Store 20 in Dallas County; Petroleum Storage Tank Facility ID No. 0027138; 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. (Wendy Cooper, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 37.

Docket No. 2002-1365-PST-E. Consideration of an Agreed Order assessing administrative penalties against Namz Enterprises, Inc. dba Short Stop Market in Harris County; Petroleum Storage Tank Facility ID No. 0048419; 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, including specifically 30 Texas Administrative Code ch. 60. (Catherine Sherman, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

Item 38.

Docket No. 2003-0136-PST-E. Consideration of an Agreed Order assessing administrative penalties against J.A.M. Distributing Company in Harris County; Regulated Entity No. 102992690; 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. (Catherine Sherman, Pamela Campbell)

Remanded to Executive Director.

PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

Item 39.

Docket No. 2001-1095-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cody Lewis dba Water Works No. 2 in Llano County; TCEQ ID No. 1500019; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Pam Campbell)

Approve the agreed order; RH/KW; all agree.

Item 40.

Docket No. 2001-1096-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R&R Mobile Home Management, Inc. dba Blessing Mobile Home Park in Williamson County; TCEQ ID No. 2460031; Certificate of Convenience and Necessity No. 11986; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav, Pam Campbell)

Approve the agreed order; RH/KW; all agree.

WATER RIGHTS ENFORCEMENT AGREED ORDER

Item 41.

Docket No. 2002-1062-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Princeton in Collin County; Public Water Supply No. 0430008; for drinking water quality 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. (Kent Heath, Pamela Campbell)

Approve the agreed order; RH/KW; all agree.

MISCELLANEOUS AGENDA ITEM

Item 42.

Docket No. 2003-0739-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 incorported in these minutes. RM/KW; all agree.

RULE MATTERS

Item 43.

Docket No. 2003-0722-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Municipal Solid Waste, Subchapter A, General Information, Section 330.2, Definitions; and Subchapter F, Operational Standards for Solid Waste Land Disposal Sites, Section 330.114, Site Operating Plan.

The proposed rulemaking would remove the requirement that site operating plans for municipal solid waste facilities provide detail on daily operations. The proposed rulemaking would also remove the requirement that site operating plans include instructions, as necessary, to ensure that operating personnel comply with any other local, state, or federal regulation for the operational standards of the type of work involved at the facility. (Karen Cleveland, Steve Shepherd, Joe Thomas) (Rule Log No. 2003-040-330-WS)

Approve publication of the proposed amendments; RH/RM; KW opposed.

Item 44.

Docket No. 2003-0758-RUL. Consideration of a petition for rulemaking under 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds.

This petition was filed by Public Citizen’s Texas Office, Environmental Defense, Texas Public Interest Research Group, and the Sustainable Energy and Economic Development Coalition. The petitioners request that the commission amend or add rules to require boilers, process heaters, and stationary engines and gas turbines at minor sources in the East Texas Region to meet requirements currently applicable only to such sources in the Houston/Galveston ozone nonattainment area; clarify the reporting requirements for exempt units; require that as of June 1, 2006, stationary diesel engines use only low sulfur diesel; require registration and signage for diesel units claimed exempt; and require that all stationary, diesel reciprocating internal combustion engines in the East Texas Region meet the emission rate specified in the air quality standard permit for electric generating units by May 1, 2010. (Eddie Mack, Janis Hudson, Debra Barber) (Rule Log No. 2003-068-PET-AI)

Continued to October 22, 2003.

Item 45.

Docket No. 2003-0744-RUL. Consideration of a petition for rulemaking filed by Newpark Resources, Inc. to amend 30 TAC Chapter 336, Radioactive Substance Rules, Sections 336.213 and 336.501; and 30 TAC Chapter 7, Memoranda of Understanding, Section 7.118.

The petition requests that rules be amended to allow commercial disposal of naturally occurring radioactive material (NORM) in Class I injection wells located at facilities in which the storage or processing of such material is licensed by the Texas Department of Health/Bureau of Radiation Control (TDH). The petition also requests amendments to the Memorandum of Understanding with the TDH to reflect that the TDH is authorized to regulate the storage and processing of NORM waste that will be disposed of at a commercial injection well facility. (Devane Clarke, Don Redmond, Debi Dyer) (Rule Log No. 2003-067-PET-WS)

Approve initiation of rulemaking in response to this petition for the specific purpose of disposal of radionuclide waste by underground injection with added instructions to staff to prepare a proposal and come back at the end of the year or early next year with the drinking water rule package. RM/KW; all agreed.

Item 46.

Docket No. 2003-0699-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter H, Permits for Grandfathered Facilities, Division 1, General Applicability, Sections 116.770 and 116.772; and Division 2, Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits, Section 116.776. Sections 116.770 and 116.772 are proposed as revisions to the state implementation plan.

The proposed rulemaking would eliminate the requirement for certain grandfathered reciprocating internal combustion engines located in the Houston-Galveston nonattainment area to obtain a permit and add a requirement for registration; change an eligibility requirement for obtaining partial reimbursement of the cost of controls for grandfathered reciprocating internal combustion engines; make a person or an affiliate of a person who pays or contributes money to the emissions reductions incentives account ineligible to receive money from the account; and alter the criteria for distributing money in the emissions reductions incentives account. (Tara Capobianco, Terry Salem, Debra Barber) (Rule Log No. 2003-043-116-AI)

Re-posted as Item 51.

EXECUTIVE SESSION

Item 47.

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.

No action taken.

Item 48.

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.

No action taken.

Item 49.

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.

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 OFFICE OF THE CHIEF CLERK AT (512) 239-3300 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 THE OFFICE OF THE CHIEF CLERK AT (512) 239-3300 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.

Item 50.

Docket No. 2003-0725-RUL. Consideration for publication of, and hearing on, an amendment to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter B, New Source Review Permits, Section 116.112, Distance Limitations, and corresponding revisions to the state implementation plan. The proposed amendment implements House Bills 555 and 1287, 78th Legislature, Regular Session, 2003.

The proposed rulemaking would allow for the storage of an inoperative concrete crusher within 440 yards of a residence, school, or place of worship; clearly define how distance measurements should be taken and when they would be applicable for concrete crushers and other facilities; and allow concrete crushers to recycle broken concrete at temporary demolition sites within 440 yards of nearby structures, unless the facility is located in a county with a population of 2.4 million or more, or in a county adjacent to such a county. (Blake Stewart, Laura Pfefferle, Clifton Wise) (Rule Log No. 2003-046-116-AI)

Approve publication and hearing on amendment. RH/RM; all agreed.

Item 51.

Docket No. 2003-0699-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter H, Permits for Grandfathered Facilities, Division 1, General Applicability, Sections 116.770 and 116.772; and Division 2, Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits, Section 116.776. Sections 116.770 and 116.772 are proposed as revisions to the state implementation plan. The proposed amendments implement House Bill 638, 78th Legislature, Regular Session, 2003.

The proposed rulemaking would eliminate the requirement for certain grandfathered reciprocating internal combustion engines located in the Houston-Galveston nonattainment area to obtain a permit and add a requirement for registration; change an eligibility requirement for obtaining partial reimbursement of the cost of controls for grandfathered reciprocating internal combustion engines; make a person or an affiliate of a person who pays or contributes money to the emissions reductions incentives account ineligible to receive money from the account; and alter the criteria for distributing money in the emissions reductions incentives account. (Tara Capobianco, Terry Salem, Debra Barber) (Rule Log No. 2003-043-116-AI)

Approve publication and hearing on proposed rule amendments and the revision of the State Implementation Plan to include amended Sections 116.770 and 116.772. RH/KW; all agreed.

Item 1.

TCEQ Docket No. 2002-0834-UCR; SOAH Docket No. 582-02-3838. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of the City of Southlake to amend its water Certificate of Convenience and Necessity No. 10101 and decertify a portion of AquaSource Utility, Inc.'s water Certificate of Convenience and Necessity No. 11157 in Denton County.

Continued to October 22, 2003.

Item 2.

TCEQ Docket No. 2000-1397-PST-E; SOAH Docket No. 582-03-1072. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against Vijay Jain dba Island Food Mart for a petroleum storage tank violation pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. The facility is located at 8224 Harborside, Galveston, Galveston County, Texas.

Approve the PFD with the Executive Director’s modifications. RH/KW; all agreed.

Item 3.

TCEQ 1999-1113-IHW-E; SOAH Docket No. 582-03-1649. Consideration of the Administrative Law Judge's Proposal for Decision and Order alleging that United Casing Inc. dba United Casing Tubular Services, Inc., failed to properly manage and dispose of municipal solid waste and municipal hazardous waste and failed to obtain authorization from the Commission prior to conducting hazardous waste disposal activities. This facility is located at 625 Corn Products Road in Corpus Christi, Nueces County, Texas.        

Approve the PFD with the Executive Director’s modifications. RM/RH; all agreed.