Kathleeen White
Ralph Marquez
Larry Soward


OLD BUSINESS AGENDA


Wednesday, May 12, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S



Due to an anticipated schedule conflict, items on this agenda that are not considered by 10:30 A.M. may be continued to the 1:00 P.M. agenda.

 

Continued from the March 10, 2004 agenda.

 

Item 1.       Docket No. 2004-0051-IWD. Consideration of permit application 03076, submitted by Skinner Nurseries, Inc, for a major amendment to TCEQ Permit No. 03076 to reduce the monitoring frequencies for all the parameters monitored at Outfalls 001 and 003 to a frequency of once per quarter. The current permit authorizes the discharge of excess water from a recycle irrigation system on an intermittent and variable basis via Outfall 001, and excess water from a recycle irrigation system on an intermittent and variable bais via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing TPDES Permit No. 03076, issued on August 20, 1999. The applicant operates a 120 acre woody ornamental plant nursery. The plant site is located at the intersection of Broze Road and Farm-to-Market Road 1960, approximately 5.5 miles east of Interstate Highway 45, Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Michael Hughes/Kelly Holligan)


Item continued to the May 26, 2004 agenda. RM/KW; all agree.


                   Continued from the April 28, 2004 agenda.

 

Item 2.       Docket No. 2003-0947-AIR-E. Consideration of an Agreed Order assessing administrative penalties against The Dow Chemical Company in Brazoria County; Air Account No. BL-0082-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (John Barry, Sushil Modak)


Item remanded to the Executive Director.




AGENDA


Wednesday, May 12, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S



Due to an anticipated schedule conflict, items on this agenda that are not considered by 10:30 A.M. may be continued to the 1:00 P.M. agenda.


                   HEARING REQUESTS

 

Item 1.       Docket No. 2004-0214-MWD. Consideration of application of Fort Bend Municipal Utility District #23 for the renewal of Texas Pollutant Discharge Elimination System Permit No. 11999-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1.0 million gallons per day. The facility serves the Fort Bend County Municipal Utility District No. 23. The facility is located north of Rabb Road, approximately 1.4 miles west of the intersection with Farm-to-Market Road 521, north of Arcola in Fort Bend County, Texas. The Commission will also consider hearing requests, requests for reconsideration, related responses and replies, public comment, and the Executive Director's response to comments. (Robert Brush/Phillip Urbany)


Deny the hearing request, approve the Executive Director's Response to Comments and approve issuance of the permit. KW/RM; all agree.

 

Item 2.       Docket No. 2004-0267-MWD. Consideration of permit application # 10485-002, submitted by City of Greenville for a permit renewal (proposed TPDES Permit No. 10485-002), which authorizes the discharge of treated domestic wastewater with an annual average flow not to exceed 4,230,000 gallons per day. The wastewater treatment facility serves the City of Greenville. The wastewater treatment facility is located approximately 1.3 miles east of the intersection of Interstate Highway 30 and U.S. Highway 69 in Hunt County, Texas. The Commission will also consider hearing requests, requests for reconsideration, related responses and replies, public comment, and the Executive Director's response to comments. (John Williams/Julian D. Centeno, Jr.)


Item continued to the June 23, 2004 agenda.

 

Item 3.       Docket No. 2004-0069-DIS. Consideration of a petition by Dalton Pape and Peggy Pape (Applicants), for the creation of Ranch at Clear Fork Creek Municipal Utility District No. 1 of Caldwell County, Texas pursuant to Texas Water Code Chapters 49 and 54. The Commission will also consider hearing requests and related responses and replies. (TCEQ Internal Control No. 07212003-D05; Rob Cummins, James Parker)

   

Deny the hearing requests of John and Susie Carter, approve the Executive Director's Response to Comments and approve creation of the district. RM/LS; all agree.

 

Item 4.       Docket No. 2004-0070-DIS. Consideration of a petition by Dalton Pape and Peggy Pape (Applicants), for the creation of Ranch at Clear Fork Creek Municipal Utility District No. 2 of Caldwell County, Texas pursuant to Texas Water Code Chapters 49 and 54. The Commission will also consider hearing requests and related response and replies. (TCEQ Internal Control No. 07212003-D01; Rob Cummins, James Parker)


Deny the hearing requests of John and Susie Carter, approve the Executive Director's Response to Comments and approve creation of the district. RM/LS; all agree.

 

Item 5.       Docket No. 2004-0210-AIR. Consideration of application by Cabredon Animal Disposal for new Air Quality Permit No. 45361 to authorize construction of a pet crematory. The proposed facility is located at 20450 Lee Road, Humble, Harris County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (David Ferrell/Rebecca Davis)


Grant the hearing requests for individuals that reside within 1 mile of the facility, Harris County, Harris County Municipal Utility District, and Amberwood Property Owners Association. Deny all hearing requests for residents that reside beyond 1 mile of the facility and the Secret Place International Church. The Commission requested that the Administrative Law Judge evaluate and decide the request for party status from the Kenswick Homeowners Association. Refer to SOAH for a duration of 6 months on the following issues: 1. Whether operation of the facility will adversely affect the health of the requesters and their families. 2. Would operation of the facility adversely affect the ability of the requesters to use and enjoy their property. 3. Whether the facility will be utilizing Best Available Control Technology. 4. Whether applicant's compliance history warrants denial of the permit application. RM/KW; all agree.


                   AGRICULTURAL ENFORCEMENT AGREED ORDER

 

Item 6.       Docket No. 2001-0906-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of R. J. Smelley Company, Inc. dba R. J. Smelley Dairy in Parker County; TCEQ Water Quality Permit No. 02422; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Snehal R. Patel, Lisa Lemanczyk)


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

    

                   AIR QUALITY ENFORCEMENT AGREED ORDERS

 

Item 7.       Docket No. 2003-0455-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron U.S.A. Inc. dba Chevron Products Company in El Paso County; Air Account No. EE-0082-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. (Kimberly Morales, Terry Murphy)


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

   

Item 8.       Docket No. 2003-1276-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Clearstream Wastewater Systems, Inc. in Hardin County; TCEQ Air Account No. HF-0034-K, Regulated Entity ID No. RN100214659; 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. (Rick Ciampi, Terry Murphy)


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

   

Item 9.       Docket No. 2003-0946-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Crosstex Asset Management, LP in Harrison County; Air Account No. HH-0181-U, Regulated Entity Reference No. RN100217215; 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. (Carolyn V. Lind, Terry Murphy)


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

   

Item 10.     Docket No. 2002-0609-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Petrochemicals LP in Harris County; Air Account No. HG-0562-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. (Bill Davis, Terry Murphy)


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

 

Item 11.     Docket No. 2003-1339-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Pacific Natural Energy, LLC in Dallas County; Air Account No. DB4707Q, Federal Operating Permit No. O-02063; 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. (Lawrence King, Terry Murphy)


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

   

Item 12.     Docket No. 2003-1379-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Kinder Morgan Tejas Pipeline, L.P. in Harris County; Air Account No. HG-1391-L, Regulated Entity ID No. RN100542612; 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, Terry Murphy)


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

   

Item 13.     Docket No. 2003-1376-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ingersoll-Rand Company in Dallas County; Air Account No. DB-0476-R, RN100215581; 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, Terry Murphy)


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

    

                   LICENSED IRRIGATOR ENFORCEMENT DEFAULT ORDER

 

Item 14.     Docket No. 2002-0711-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jamie B. Walton dba Lago Landscape and Irrigation Repair in Travis County; TCEQ ID No. 17462; for Occupational Certification violations pursuant to Tex. Water Code chs. 34 and 37 and the rules of the Texas Commission on Environmental Quality. (Benjamin J. de Leon, Lisa Lemancyzk)


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

    

                   MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS

 

Item 15.     Docket No. 2002-0465-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Felix Flores dba Felix Flores Construction Company in Guadalupe County; TCEQ ID No. GL-0133-J; for industrial and hazardous waste and air 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. (Diana Grawitch, Lisa Lemanczyk)


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

   

Item 16.     Docket No. 2002-1339-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cameron County in Cameron County; Municipal Solid Waste Unauthorized Site No. 455150066 and Regulated Entity Reference No. RN102131067; for air quality and municipal solid waste 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, Terry Murphy)


Item remanded to the Executive Director.


                   MULTI-MEDIA MATTER ENFORCEMENT DEFAULT ORDER

    

Item 17.     Docket No. 2002-1177-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ralph Reese dba R&C Salvage in Jefferson County; TCEQ ID Nos. BEO0019 and BEO0020; for solid waste and used oil violations pursuant to the Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code chs. 361 and 371, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Benjamin J. de Leon, Lisa Lemanczyk)


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


                   MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

 

Item 18.     Docket No. 2002-0965-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Wichita Falls in Wichita County; TCEQ Municipal Solid Waste Permit No. 1428; 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. (J. Craig Fleming, Terry Murphy)


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

    

                   MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

 

Item 19.     Docket No. 2003-1340-MWD-E. Consideration of an Agreed Order assessing administrative penalties against CMH Parks, Inc. dba Northwest Pines Mobile Home Park in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12218-001, Regulated Entity ID No. RN101614311; 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, Terry Murphy)


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

    

                   PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 20.     Docket No. 2000-0896-PST-E. Consideration of an Agreed Order assessing administrative penalties against Circleville Store & Grain, Inc. in Williamson County; TCEQ ID No. 40767; 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, Lisa Lemanczyk)


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

 

Item 21.     Docket No. 2003-1091-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Abuiny Enterprises, Inc. dba Mainland Conoco in Dallas County; Petroleum Storage Tank Facility ID No. 0005707, Regulated Entity Reference No. RN101537009; 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. (Carolyn V. Lind, Terry Murphy)


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

   

Item 22.     Docket No. 2003-0929-PST-E. Consideration of an Agreed Order assessing administrative penalties against Allied Trading Corporation dba A & Q Chevron Food Mart in Harris County; Petroleum Storage Tank ID No. 46851; 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. (Elvia Maske, Terry Murphy)


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

   

Item 23.     Docket No. 2003-0954-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Barkat Momin dba Shop N Go in Harris County; Petroleum Storage Tank Facility ID No. 35291; 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. (Sandy VanCleave, Terry Murphy)


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

   

Item 24.     Docket No. 2003-1208-PST-E. Consideration of an Agreed Order assessing administrative penalties against SAZ, Inc. dba One Market in Nueces County; Petroleum Storage Tank Facility ID No. 0018002; 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. (Vanessa Davis, Terry Murphy)


Item continued to the May 26, 2004 agenda.

   

Item 25.     Docket No. 2003-1007-PST-E. Consideration of an Agreed Order assessing administrative penalties against Saif D Corporation dba Sunny Food Mart in Bastrop County; Petroleum Storage Tank Facility ID No. 00251, Regulated Entity ID No. RN101330751; 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. (Cari Bing, Terry Murphy)

   

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

 

Item 26.     Docket No. 2003-0789-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ovais, Incorporated in Burleson County; Petroleum Storage Tank Facility ID No. 47574, Regulated Entity ID No. RN102464617; 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. (Michael Meyer, Terry Murphy)


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

   

Item 27.     Docket No. 2003-0976-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Knightco Oil Inc. dba Superior Lubricants in Tarrant County; Petroleum Storage Tank Registration No. 0033904, Regulated Entity ID No. RN100530328 ; 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. (J. Craig Fleming, Terry Murphy)


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


                   PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

 

Item 28.     Docket No. 2003-1252-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Humberto Sampogna dba Gulf Bank Mobile Home Park in Harris County; Public Water Supply ID No. 1010658; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Walter Lassen, Terry Murphy)


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

   

Item 29.     Docket No. 2003-1162-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Amir Saif dba Sun Power Travel Plaza in Denton County; Public Water Supply ID No. 0610239; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (John Schildwachter, Terry Murphy)


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


                   PUBLIC WATER SYSTEM ENFORCEMENT DEFAULT ORDER

 

Item 30.     Docket No. 2000-1254-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mary Fielder dba End of the Trail in Brazoria County; TCEQ ID No. 0200425; for public drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav, Lisa Lemanczyk)


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


                   WATER RIGHT ENFORCEMENT AGREED ORDERS

 

Item 31.     Docket No. 2003-0510-WR-E. Consideration of an Agreed Order assessing administrative penalties against Hidalgo County Irrigation District 5 in Hidalgo County; TCEQ ID Nos. 101416790 and 4445240; for water rights violations pursuant to the Texas Water Code chs. 7 and 11 and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Lisa Lemanczyk)


Item remanded to the Executive Director.

 

Item 32.     Docket No. 2003-0320-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Barton Creek Water Supply Corporation in Travis County; Public Water Supply 2270313; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Terry Murphy)


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

   

Item 33.     Docket No. 2003-0146-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Alice in Jim Wells County; Public Water Supply No. 1250001, Certificate of Convenience and Necessity No. 10552; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality. (Kent Heath, Terry Murphy)


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

    

                   RULE MATTERS

 

Item 34.     Docket No. 2004-0006-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Section 111.209, Exception for Disposal Fires, and Section 330.4, Permit Required; and corresponding revisions to the Texas state implementation plan.

 

The proposed rulemaking would conform agency rules with Senate Bill 216, 78th Legislature, Regular Session, 2003, which allows veterinarians to burn or bury animals and associated medical waste provided certain conditions are met. (Wayne Harry, Phil Harwell, Todd Galiga, Dan Long, Emily Barrett) (Rule Project No. 2004-003-330-WS)


Approve publication of, and hearing on, proposed amendments to 30 TAC Section 111.209 and Section 330.4 and corresponding revisions to the Texas state implementation plan. KW/LS; all agree.

 

Item 35.     Docket No. 2003-1101-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 285, On-Site Sewage Facilities, Sections 285.80 and 285.81; 30 TAC Chapter 317, Design Criteria for Sewerage Systems, Section 317.1; and proposed new Subchapter F of 30 TAC Chapter 210, Use of Reclaimed Water, Sections 210.81, 210.82, 210.83, 210.84, and 210.85.

 

This rulemaking would implement House Bill 2661, 78th Legislature, Regular Session, 2003, which established new standards for the use of less than 400 gallons of domestic graywater. This rulemaking establishes criteria for the use of graywater for irrigation and other agricultural purposes; commercial purposes; and industrial purposes. Additionally, this rulemaking proposes to modify the definition of graywater to include wastewater from showers; bathtubs; hand washing lavatories; sinks that are not used for disposal of hazardous or toxic ingredients; sinks not used for food preparation or disposal; and clothes-washing machines, unless the washing of materials includes clothes soiled with human excreta. This rulemaking would also require the installer of a graywater system to advise the owner of the system about basic operating and maintenance procedures, including any effects on the owner's on-site sewage facility system. Finally, this rulemaking would require engineers who design collection systems to account for the potential loss of graywater from the collection system. (Ken Graber, Louis C. Herrin, III, P.E, Jacquelyn Boutwell, Kathy Ramirez) (Rule Project No. 2003-056-317-WT)


Item remanded to the Executive Director.

 

Item 36.     Docket No. 2003-0942-RUL. Consideration of the adoption of an amendment to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste; Subchapter K, Hazardous Substance Facilities Assessment and Remediation; Section 335.347, Financial Capability Determinations.

 

The adoption would implement House Bill 2252, 78th Legislature, Regular Session, 2003, which addresses the recovery of costs for remedial actions through the placement of liens or the filing of cost recovery actions under certain circumstances involving homesteads. The proposed rules were published in the December 5, 2003 issue of the Texas Register (28 TexReg 10877). Changes are made to Section 335.347 at adoption to provide a more comprehensive section title; to provide catch phrases for subsections and paragraphs to describe their content; to show applicability clearly; to require that the executive director notice property owners of liens placed on their property; to reflect the statutory deadline to file cost recovery actions in certain circumstances; and to make other minor changes. (Caroline Sweeney, Joseph Thomas) (Rule Project No. 2003-054-335-WS)


Approve adoption of the amendment to 30 TAC Chapter 335. KW/RM; all agree.

   

Item 37.     Docket No. 2003-0518-RUL. Consideration of the adoption of the repeal of 30 TAC Chapter 294, Groundwater Management Areas, Subchapter A, Sections 294.1 - 294.4; Subchapter B, Sections 294.10 - 294.12; and Subchapter F, Sections 294.60 - 294.63 and the renaming of Chapter 294 to Priority Groundwater Management Areas.

 

The adoption would repeal groundwater management area designations because Senate Bill 2, Section 2.22, 77th Legislature, Regular Session, 2001, transferred the authority and responsibility for the designation of groundwater management areas to the Texas Water Development Board. The proposed rules were published in the November 21, 2003 issue of the Texas Register (28 TexReg 10423). As part of a quadrennial review, a separate action on this Agenda will readopt Subchapter D, Priority Groundwater Management Areas and Subchapter E, Designation of Priority Groundwater Management Areas. (Steve Musick, Robin Smith, Mary Ambrose, Emily Barrett) (Rule Project No. 2003-014-294-WT)


Approve the adoption of the repeal of 30 TAC Chapter 294 and approve the renaming of Chapter 294 to Priority Groundwater Management Areas. LW/LS; all agree.

      

Item 38.     Docket No. 2003-1489-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 294, Groundwater Management Areas, Subchapters D and E, Priority Groundwater Management Areas and Designation of Priority Groundwater Management Areas. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the January 16, 2004 issue of the Texas Register (29 TexReg 507). (Clifton Wise) (Rule Project No. 2003-059-294-WT)


Approve the adoption of the rules review and readoption of 30 TAC Chapter 294. LW/LS; all agree.

   

Item 39.     Docket No. 2003-1325-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 118, Control of Air Pollution Episodes. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the December 12, 2003 issue of the Texas Register (28 TexReg 11117). (Clifton Wise) (Rule Project No. 2004-007-118-AI)


Approve the adoption of the rules review and readoption of 30 TAC Chapter 118. RM/KW, all agree.

 

                   EXECUTIVE SESSION

 

Item 40.     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 41.     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 42.     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.




AGENDA


Wednesday, May 12, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S



Due to an anticipated schedule conflict, items not considered from this morning’s agenda will be heard during the 1:00 P.M. agenda.

 

Item 1.       TCEQ Docket No. 2002-1378-MWD; SOAH Docket No. 582-03-2828. Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding the application of Lake Travis II Investments, Ltd. for a wastewater permit pursuant to Chapter 26 of the Texas Water Code. The proposed wastewater treatment facilities and disposal site would be located approximately 0.8 miles west of Mansfield Dam and 0.5 miles south of Ranch Road 620 in Travis County, Texas. The Commission will also consider timely public comments and the Executive Director's response to such comments, and related filings, exceptions and replies.


Item continued to the July 28, 2004 agenda to allow for mediation between parties. LS/RM; all agree.