Kathleen White

Ralph Marquez

Larry Soward


AGENDA


Wednesday, March 24, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

HEARING REQUESTS

 

Item 1.       Docket No. 2003-1524-AIR. Consideration of application by the Brazos River Authority for renewal of Air Quality Permit 22237 to authorize the continued operation of its Sludge Drying Facility serving the Waco Metropolitan Area Regional Sewage System. The facility is located on FM RD 434, 0.5 MI South of Loop 340, in Waco, McLennan 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. (Maria Garcia /Garrett Arthur)


Item continued to the April 28, 2004 agenda.

 

Item 2.       Docket No. 2004-0053-MWD. Consideration of application of Athena Equity Partners L.P. for a proposed new Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14377-001 to authorize the discharge of treated domestic wastewater at an Interim I volume not to exceed a daily average flow of 250,000 gallons per day (gpd), an Interim II volume not to exceed a daily average flow of 500,000 gpd, and a final volume not to exceed a daily average flow of 990,000 gpd. The facility will be located approximately 2,000 feet east of the intersection of Farm-to-Market Road 2001 and Satterwhite Road in Hays County, Texas. The Commission will also consider requests for reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Robert Brush/Kent Trede)


Re-posted as Item 24.

 

Item 3.       Docket No. 2004-0050-IWD. Consideration of permit application 04494, submitted by Cargill, Incorporated for a new permit, proposed Texas Commission on Environmental Quality (TCEQ) Permit No. 04494, to authorize the disposal of wash water from animal feed production and distribution at an annual average flow not to exceed 2,500 gallons per day via irrigation of 60 acres. The applicant operates the Sweet Bran Terminal, an animal feed loading and transfer station. The plant site and disposal area are located approximately 1/2 mile west of the intersection of U.S. Highway 87 and West Ranch Road 1727, northwest of the City of Dalhart, Dallam County, Texas. The Commission will also consider requests for reconsideration, related responses and replies, public comment and the Executive Director's response to comments. (Jason Haas/Kimberly Wilson)


Deny the request for reconsideration, grant the permit, and approve the Executive Director's Response to Comments. KW/RM; all agree.

 

Item 4.       Docket No. 2004-0199-IHW. Consideration of an application by Dow Chemical Company for a Class 3 Modification to Compliance Plan No. 50161 for the remediation of contaminated groundwater, and compliance monitoring for the OC 80-4 Landfill. The purpose of the application is to: (1) establish two Facility Operations Areas (one for Plant A and one for Plant B as provided in 30 TAC Chapter 350 Subchapter G to address corrective action); (2) incorporate post-closure and corrective action for the B-47 Waste Management Area; (3) establish compliance monitoring for the OC 80-4 Landfill and (4) establish corrective action activities at the Slaughter Road site. The facility is located on approximately 5,000 acres in Brazoria County and immediately north of Freeport along and adjacent to the intersections of State Highway 288 and 332 and FM 523. The commission will also consider request for hearing and related responses and replies, public comment and the Executive Director’s Response to Comments. (Mark Erwin/Lara Nehman)


Re-posted as Item 25.

    

                   AIR QUALITY ENFORCEMENT AGREED ORDER

 

Item 5.       Docket No. 2003-0696-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Houston Pipe Line Company LP in Harris County; Air Account No. HG-0918-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, including specifically 30 Texas Administrative Code ch. 60. (Kimberly Morales, Elvia Maske)


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

    

                   INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

 

Item 6.       Docket No. 2003-0117-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Equistar Chemicals, LP in Harris County; TPDES Permit No. 04013; 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. (Terry Murphy, Elvia Maske)


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

    

                   PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 7.       Docket No. 2003-0769-PST-E. Consideration of an Agreed Order assessing administrative penalties against Adman Company Inc. dba N & Out Grocery in McLennan County; PST Facility ID No. 29157; 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. (Harvey Wilson, Elvia Maske)


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

   

Item 8.       Docket No. 2003-1393-PST-E. Consideration of an Agreed Order assessing administrative penalties against Little Nutt Oil Co. in Shelby County; Regulated Entity No. 102978988; 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. (Laura Clark, Elvia Maske)


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

   

Item 9.       Docket No. 2003-0895-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rose Grocery Corp. dba Rose Grocery in Harris County; PST Facility ID No. 0010702, Regulated Entity ID No. RN101443232; 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. (Thomas Greimel, Elvia Maske)


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

   

Item 10.     Docket No. 2003-1133-PST-E. Consideration of an Agreed Order assessing administrative penalties against V & S Petroleum, LTD. in Travis County; Regulated Entity ID. No. RN103940748; 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. (Thomas E. Jecha, Elvia Maske)


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

   

Item 11.     Docket No. 2002-0860-PST-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Uppal Brothers, Inc. dba Save Way Food Mart in Tarrant County; TCEQ ID No. 44704; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Elvia Maske)


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

   

Item 12.     Docket No. 2003-1111-PST-E. Consideration of an Agreed Order assessing administrative penalties against Oasis Car Wash, Inc. dba Oasis Car Wash 5026 in Orange County; Petroleum Storage Tank Facility ID No. 70690; 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. (Christina McLaughlin, Elvia Maske)


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

    

                   PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDER

 

Item 13.     Docket No. 2003-1290-PWS-E. Consideration of an Agreed Order assessing administrative penalties against D & M Water Supply Corporation in Nacogdoches County; Public Water Supply No. 1740010; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Laura Clark, Elvia Maske)


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

    

                   WATER RIGHT ENFORCEMENT AGREED ORDER

 

Item 14.     Docket No. 2003-0319-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Terrell in Kaufman County; Public Water Supply No. 1290006; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Elvia Maske)


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


                   PETITION TO SET ASIDE CANCELLATION OF WATER RIGHTS

 

Item 15.     Docket No. 2004-0281-WR. Consideration of the petition of the Executive Director to set aside the cancellation of Certificate of Adjudication No. 23-692, Account No. 692-000, in the Lower Rio Grande. On January 23, 2003, the Commission cancelled this water right in the name of Adalberto Hinojosa, who received notice of the cancellation. However, he did not own the water right at the time of the cancellation. Starr County. (Smith, Robin)


Approve the Executive Director's petition to set aside the cancellation of Certificate of Adjudication No. 23-692, Account No. 692-000. KW/RM; all agree.

    

                   RULE MATTERS

 

Item 16.     Docket No. 2003-1593-RUL. Consideration for publication of amended Sections 25.2, 25.6, 25.9, 25.20, 25.32, 25.58, 25.62, and 25.74 of 30 TAC Chapter 25, Environmental Testing Laboratory Accreditation and Certification.

 

The proposed rulemaking would implement Senate Bill 934, 78th Legislature, 2003, Regular Session, update laboratory accreditation standards, and make additional vendors of proficiency test samples available to drinking water laboratories. (Steve Stubbs, Kathy Brown, Michael Bame) (Rule Project No. 2004-018-025-AD)


Continued to the April 7, 2004 agenda, then remanded to the Executive Director.

 

Item 17.     Docket No. 2004-0038-RUL. Consideration for publication of proposed new Sections 339.1 - 339.3 of 30 TAC proposed new Chapter 339, Groundwater Protection Recommendation Letters and Fees.

 

The proposed rulemaking would implement House Bill 3442, 78th Legislature, 2003, Regular Session, that authorizes a fee for the expedited processing of requests for groundwater protection letters for applicants to provide to the Railroad Commission of Texas for use in processing applications. This rulemaking also authorizes the executive director to provide these letters. (Jeff Davis, Richard Egan, Michael Bame) (Rule Project No. 2004-001-339-WS)


Approve for publication as proposed. KW/LS; all agree.

 

Item 18.     Docket No. 2003-1537-RUL. Consideration for publication of proposed amendments to 30 TAC Section 50.113, Applicability and Action on Application; Section 55.101, Applicability and Section 55.201, Requests for Reconsideration or Contested Case Hearing; Section 305.72, Underground Injection Control (UIC) Permit Modifications at the Request of the Permittee; and Section 331.2, Definitions.

 

The proposed rulemaking amends Chapters 50, 55, 305, and 331 to implement House Bill 2567, 78th Legislature, Regular Session, 2003. It also amends Chapters 50 and 55 to conform with previous rulemakings on pre-injection unit registration and weather modification. This rulemaking will allow the commission to act on applications for the disposal of desalination brine in a Class I injection well without a contested case hearing. Additionally, this rulemaking will ensure that the administrative listings of actions that do not require a contested case hearing are updated. (Fred Duffy, Dawn Burton, Emily Barrett) (Rule Project No. 2003-062-331-WT)


Approve publication of proposed amendments with the recommended change to preamble language. KW/RM; all agree.

 

Item 19.     Docket No. 2003-0722-RUL. Consideration of the adoption of 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 adoption would remove the requirement that site operating plans for municipal solid waste facilities provide detail on daily operations. The 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. The proposed rules were published in the October 17, 2003 issue of the Texas Register (28 TexReg 9053). (Karen Cleveland, Steven Shepherd, Joseph Thomas) (Rule Project No. 2003-040-330-WS)

   

Do not adopt the rulemaking package, direct staff to commence and expedite the second phase as described in the preamble, with a 7-8 month time frame for adoption. KW/LS; all agree.

 

Item 20.     Docket No. 2003-0726-RUL. Consideration of the adoption of an amendment to 30 TAC Chapter 330, Municipal Solid Waste, Section 330.4, Permit Required.

 

The adoption would allow transfer facilities to deduct incoming waste that has already been reduced by 10% or more through recycling in calculating their qualification to obtain a registration in lieu of a permit and add an ongoing recordkeeping requirement in addition to the current annual reporting requirements. The proposed rule was published in the October 24, 2003 issue of the Texas Register (28 TexReg 9196). (John Williams, Arten Avakian, Alan Watts, Debi Dyer) (Rule Project No. 2003-028-330-WS)


Adopt the rule with recommended change by the City of Houston. KW/RM; all agree.


                   EXECUTIVE SESSION

 

Item 21.     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.


Did not meet in Executive Session.

 

Item 22.     Docket No. 1999-0024-EXE. The Commission will conduct a closed meeting to receive legal advice and will discuss pending or contemplated litagation, 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.


Did not meet in Executive Session.

 

Item 23.     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.


Did not meet in Executive Session.


(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TCEQ AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT 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.




ADDENDUM TO THE AGENDA


Wednesday, March 24, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 24.     Docket No. 2004-0053-MWD. Consideration of application of Athena Equity Partners L.P. and Guadalupe-Blanco River Authority for a proposed new Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14377-001 to authorize the discharge of treated domestic wastewater at an Interim I volume not to exceed a daily average flow of 250,000 gallons per day (gpd), an Interim II volume not to exceed a daily average flow of 500,000 gpd, and a final volume not to exceed a daily average flow of 990,000 gpd. The facility will be located approximately 2,000 feet east of the intersection of Farm-to-Market Road 2001 and Satterwhite Road in Hays County, Texas. The Commission will consider hearing requests, requests for reconsideration, public comment, the Executive Director's Response to Comments, and related responses and replies. (Robert Brush/Kent Trede)


Grant the hearing request of John & Nelda Mayes, deny all other requests, including the requests for reconsideration, but allow the ALJ to determine the party status of the other hearing requesters if they appear at the preliminary hearing and request party status, with an initial referral to ADR staff for a period of 4-6 weeks, and if not settled, a referral to SOAH for a hearing with a duration of 4 months on the following issue: Will the permit be adequate to prevent contamination of water and water wells, and to protect wildlife, livestock, and aquatic life from impacts due to water contamination? KW/LS; all agree.

 

Item 25.     Docket No. 2004-0199-IHW. Consideration of an application by Dow Chemical Company for a Class 3 Modification to Compliance Plan No. 50161 for the remediation of contaminated groundwater, and compliance monitoring for the OC 80-4 Landfill. The purpose of the application is to: (1) establish two Facility Operations Areas (one for Plant A and one for Plant B as provided in 30 TAC Chapter 350 Subchapter G to address corrective action); (2) incorporate post-closure and corrective action for the B-47 Waste Management Area; (3) establish compliance monitoring for the OC 80-4 Landfill and (4) establish corrective action activities at the Slaughter Road site. The facility is located on approximately 5,000 acres in Brazoria County and immediately north of Freeport along and adjacent to the intersections of State Highway 288 and 332 and FM 523. The commission will also consider requests for hearing and related responses and replies, public comment and the Executive Director’s Response to Comments. (Mark Erwin/Lara Nehman)


Deny the hearing requests, grant the two authorizations, and adopt the Executive Director's Response to Comments. KW/RM; all agree.




AGENDA


Wednesday, March 24, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 1.       TCEQ Docket No. 2002-0947-PST-E; SOAH Docket No. 582-04-0250. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against Elhamad Enterprises, Inc. dba Habeeb Food Store in Tarrant County, Texas; TCEQ ID No. 47284; regarding petroleum storage tank violations pursuant to Texas Water Code Chapter 26, Texas Health and Safety Code Chapter 382, and the rules of the Texas Commission on Environmental Quality.


Re-posted as Item 3.

 

Item 2.       Docket No. 2004-0132-MWD. Consideration of a Motion to Overturn filed by Cibolo Creek Municipal Authority concerning the Executive Director's issuance of a major amendment to TPDES Permit No. 11269-001 held by Cibolo Creek Municipal Authority authorizing the discharge of treated domestic wastewater from the Odo J. Riedel Regional Wastewater Treatment Facility into Mid Cibolo Creek in Bexar County. The Commission will also consider timely responses and replies to the Motion to Overturn.


Grant the Motion to Overturn, overturn the permit amendment and remand the item to the Executive Director. KW/RM; all agree.




ADDENDUM TO THE AGENDA


Wednesday, March 24, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 3.       TCEQ Docket No. 2002-0947-PST-E; SOAH Docket No. 582-04-0250. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against Elhamad Enterprises, Inc. dba Habeeb Food Store in Tarrant County, Texas; TCEQ ID No. 47284; regarding petroleum storage tank violations pursuant to Texas Water Code Chapters 7 & 26, Texas Health and Safety Code Chapter 382, and the rules of the Texas Commission on Environmental Quality.


Item continued to April 7, 2004 to allow parties to negotiate an agreed order. RM/LS; all agree.