Kathleen white
Ralph Marquez
Larry Soward
OLD BUSINESS AGENDA
Wednesday, June, 23, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 A.M.
12100 Park 35 Circle
Room 201S, Bldg. E
Continued from the April 28, 2004 agenda.
Item 1. Docket No. 2004-0424-UCR-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued March 31, 2004 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 Bailey Ray Hawley dba Hawley's Wastewater Treatment Facility, which is located 200 feet east of Farm-to-Market Road 2946 and State Highway 514, and 7.5 miles east-northeast of the City of Emory in Rains County; TPDES No. 13853-001; to ensure continued operation of the Utility; and to provide continuous and adequate service to the customers. The Emergency Order appointed Bright Star-Salem Water Supply Corporation as temporary manager of the Utility. (Richard S. O'Connell)
Approve revised order modifying the Emergency Order issued March 31, 2004 by the Executive Director. RM/LS; all agree.
Continued from the May 12, 2004 agenda.
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.)
Remanded to the Executive Director.
Continued from the May 26, 2004 agenda.
Item 3. Docket No. 2004-0467-MWD. Consideration of the application by Parker Creek Estates, L.P. for a new permit, proposed TPDES Permit No. WQ0014442001, to authorize the discharge of treated domestic wastewater at an Interim I volume not to exceed a daily average flow of 0.08 million gallons per day (MGD), an Interim II volume not to exceed a daily average flow of 0.16 MGD, an Interim III volume not to exceed a daily average flow of 0.24 MGD and a Final volume not to exceed a daily average flow of 0.48 MGD. The facility will be located approximately 5,200 feet south-southeast of the intersection of Farm-to-Market Road 548 and Crenshaw Road in Rockwall 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. (Lisa Roberts, Firoj Vahora)
Remanded to the Executive Director.
Continued from the June 9, 2004 agenda.
Item 4. Docket No. 2003-1257-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Niles Jennet & Donald Lo Piccolo dba Bluebonnet Dairy in Erath County; Water Quality Permit No. 3286-000; 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. (Jill Reed, Tom Greimel)
Approve the agreed order. KW/RM; all agree.
AGENDA
Wednesday, June 23, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
9:30 A.M.
12100 Park 35 Circle
Room 201S, Bldg. E
HEARING REQUESTS
Item 1. Docket No. 2004-0468-MWD. Consideration of the application by Gerald Calvert for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14270-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility will be located 1,750 feet west of Angleton-Clute Road, 1.3 miles north of the intersection of Angleton-Clute Road and Farm-to-Market Highway 2004 in Brazoria 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. (Kathy Brown/Firoj Vahora)
Grant the hearing request of Owen and Nell Galloway Brown; deny all other requests based on location or timeliness; refer to SOAH the following two issues: (1) whether the discharge of treated wastewater in accordance with the permit will adversely affect the water quality in the Bastrop Bayou, and (2) whether the effluent discharged from the facility will adversely impair the Browns’ use and enjoyment of their property; refer to ADR for 4 to 6 weeks prior to referring to SOAH. KW/RM; all agree.
Item 2. Docket No. 2004-0545-AIR. Consideration of application by Martinek Grain and Bins, Inc. for new Air Quality Permit Number 53022 to authorize operation of six permanent anhydrous ammonia storage tanks. The site is located at 104 Ash in Celina, Collin County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Phillip Wiedenfeld/Les Trobman)
Remanded to the Executive Director.
Item 3. Docket No. 2004-0244-DIS. Consideration of a petition by Parker Creek Estates, L.P., (Applicant), for the creation of Parker Creek Municipal Utility District of Rockwall 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. 05062003-D01; Rob Cummins, James Parker)
Deny the hearing requests of Rep. Laubenberg and the Rockwall County Commissioners’ Court; and approve the petition for creation. KW/RM; all agree.
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2003-1446-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Amerada Hess Corporation in Terry County; Air Account No. TD0001H, Regulated Entity I.D. No. RN100226497; 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, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 5. Docket No. 2003-1436-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Crane Plumbing LLC dba CR/PL II L.L.C. in Dallas County; Air Account No. DB-0907-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. (Christina McLaughlin, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 6. Docket No. 2003-1233-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso Field Services Management, Inc. in Dimmit County; Air Account No. DI-0016-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 Tex. Admin. Code ch. 60. (Trina Grieco, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 7. Docket No. 2003-0642-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hunt Oil Company in Henderson County; Air Account Nos. HM-0010-V, HM-0161-W, and HM-0160-B, Regulated Entity Reference Nos. RN102563863, RN100226315, and RN100226273; 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. (Ronnie Kramer, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 8. Docket No. 2003-1400-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Owens Corning in Randall County; Air Account No. RB-0010-D, Regulated Entity Reference No. RN100222140; 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)
Approve the agreed order. RM/KW; all agree.
Item 9. Docket No. 2003-0199-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, LP in Martin County; TCEQ ID No. MF-0012-R; 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 including specifically 30 Tex. Admin. Code ch. 60. (Lindsay Andrus, Sherry Smith)
Approve the agreed order. RM/KW; all agree.
Item 10. Docket No. 2003-1454-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Sea Lion Technology, Inc. in Galveston County; Air Account No. GB-0067-K, Regulated Entity I.D. No. RN100870179; 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, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 11. Docket No. 2002-1075-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marathon Oil Company in Pecos and Howard Counties; Air Account Nos. PE-0021-W and HT-0132-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. (Sheila Smith, David Van Soest)
Remanded to the Executive Director.
Item 12. Docket No. 2003-1401-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Freeman Decorating Services, Inc. in Dallas County; Air Account No. DB-1520-J, Air Permit No. 20879; 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. (Sherry Smith, David Van Soest)
Approve the agreed order. RM/KW; all agree.
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 13. Docket No. 2003-0533-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dutch Boy Cleaners, Inc. in Bexar County; Edwards Aquifer Site Registration No. 13-02110501, EAPP Project No. 1982.00, 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. (Rebecca Clausewitz, David Van Soest)
Approve the agreed order. RM/KW; all agree.
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 2003-1110-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AEP Texas North Company in Crockett and Tom Green Counties; Industrial and Hazardous Waste Facility ID No. 31878 and 31872; for industrial & 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, including specifically 30 Texas Administrative Code ch. 60. (Sherry Smith, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 15. Docket No. 2003-0268-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leading Edge Aviation Services Amarillo, Inc. in Potter County; Solid Waste Registration No. 83022; 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. (Ronnie Kramer, David Van Soest)
Approve the agreed order. RM/KW; all agree.
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2002-0742-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Agrifos Fertilizer Inc., formerly, Agrifos Fertilizer L.P. in Harris County; National Pollutant Discharge Elimination System Permit No. TX0007285, Water Quality Permit No. 00649; 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. (Brian Lehmkuhle, David Van Soest)
Remanded to the Executive Director.
Item 17. Docket No. 2003-0948-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Chemical Specialties, Inc. dba Mineral Research & Development in Brazoria County; Texas Pollutant Discharge Elimination System Permit No. 01878, Regulated Entity Reference No. RN101502128; 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 Hupp, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 18. Docket No. 2003-1406-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of FMC Technologies, Inc. in Harris County; Texas Pollutant Discharge Elimination System Permit No. 02611, Regulated Entity Reference No. RN100558022; 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 Hupp, David Van Soest)
Approve the agreed order. RM/KW; all agree.
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2003-1368-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Earth in Lamb County; Unauthorized Municipal Solid Waste Site No. 455020031, Regulated Entity No. 101999431; for 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. (Christina McLaughlin, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 20. Docket No. 2002-0935-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Waste Management of Texas, Incorporated in Travis County; TCEQ ID Nos. 249-C and TH-0502-F; for waste, air, and water violations pursuant to 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, including specifically 30 Tex. Admin. Code Ch. 60. (David Speaker, Sherry Smith)
Approve the agreed order. KW/RM; LS opposed.
Item 21. Docket No. 2002-0936-MLM-E. Consideration of an Agreed Order assessing administrative penalties against BFI Waste Systems of North America, Incorporated in Travis County; TCEQ MSW ID No. 1447; Air Account No. TH-0522-W; Texas Pollutant Discharge Elimination System Permit Nos. TXR050000 and TXR05F277 for waste, air, and water violations pursuant to 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, including specifically 30 Tex. Admin. Code Ch. 60. (David Speaker, Sherry Smith)
Approve the agreed order. KW/RM; LS opposed.
Item 22. Docket No. 2003-0473-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nueces County Water Control & Improvement District No. 5 in Nueces County; TPDES Permit No. 11583-001, Public Water Supply No. 1780010; 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, including specifically 30 Tex. Admin. Code ch. 60. (Audra Ruble, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 23. Docket No. 2003-1318-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of TPI Petroleum Inc. in Clay County; Petroleum Storage Tank Facility ID No. 65750, Texas Pollutant Discharge Elimination System Permit No. None, Regulated Entity Reference No. RN102078334; for water quality and 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. (Steven Lopez, David Van Soest)
Approve the agreed order. RM/KW; all agree.
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 24. Docket No. 2002-1263-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Russell E. Brimhall Jr. dba Reb'l Environmental Oil Recovery in Marion County; TCEQ ID No. A85476; for municipal solid waste violations pursuant to the Texas Used Oil Collection, Management, and Recycling Act, Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Lindsay Andrus, Sherry Smith)
Approve the agreed order. RM/KW; all agree.
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2003-1363-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Applied Industrial Materials Corporation in Galveston County; Texas Pollutant Discharge Elimination System Permit No. 02670-000; for wastewater 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. (Jorge Ibarra, P.E., David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 26. Docket No. 2003-0575-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brazoria County Municipal Utility District No. 21 in Brazoria County; Texas Pollutant Discharge Elimination System Permit No. 14222-001; 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 Morales, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 27. Docket No. 2003-1319-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Palmer in Ellis County; Texas Pollutant Discharge Elimination System Permit No. 0013620-001; 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 Tex. Admin. Code ch. 60. (Cari Bing, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 28. Docket No. 2003-1316-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Aledo Independent School District in Parker County; TPDES Permit No. 13438-001; 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. (Cheryl Thompson, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 29. Docket No. 2002-0610-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David Reynolds dba Hickory Ridge of Palestine L.L.C. in Anderson County; Water Quality Permit No. 13829-001; 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. (Ronnie Kramer, David Van Soest)
Approve the agreed order. RM/KW; all agree.
ON SITE SEWAGE FACILITY INSTALLER ENFORCEMENT AGREED ORDER
Item 30. Docket No. 2004-0257-OSI-E. Consideration of an Agreed Order assessing administrative penalties against KDT Construction, Inc. in Freestone County; On Site Sewage Facility Installer ID No. OS0006580, Regulated Entity Reference No. RN102081106; for on site sewage violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Christopher Miller, David Van Soest)
Approve the agreed order. RM/KW; all agree.
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 31. Docket No. 2003-1386-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AA & MM International, Inc. dba Amburn Food Mart in Galveston County; Petroleum Storage Tank Facility ID No. 39050; 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)
Approve the agreed order. RM/KW; all agree.
Item 32. Docket No. 2003-0474-PST-E. Consideration of an Agreed Order assessing administrative penalties against Jay Brummett and George Faddoul dba Bastrop Corner Store in Bastrop County; Petroleum Storage Tank Facility ID No. 45785; 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. (Lawrence King, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 33. Docket No. 2003-0802-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mahraj Corporation dba Arapaho Texaco in Dallas County; Petroleum Storage Tank Facility ID No. 13431; 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)
Approve the agreed order. RM/KW; all agree.
Item 34. Docket No. 2004-0251-PST-E. Consideration of an Agreed Order assessing administrative penalties against Aztec Rental Center No. 2 Inc. in Harris County; Petroleum Storage Tank Facility ID 19646; 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, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 35. Docket No. 2003-1006-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Enhanced Business Corporation dba Food Store in Harris County; Petroleum Storage Tank Facility ID No. 35344; 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)
Approve the agreed order. RM/KW; all agree.
Item 36. Docket No. 2003-1129-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammad Shoukat dba Palmer Food Mart in Galveston County; Petroleum Storage Tank Facility ID No. 39049; 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. (Ronnie Kramer, David Van Soest)
Remanded to the Executive Director.
Item 37. Docket No. 2001-0802-PST-E. Consideration of an Amended Agreed Order assessing administrative penalties against Ideal Gas, Inc. and Ideal Gas, Inc. dba M&M Grocery in Hockley and Cochran Counties; TCEQ ID Nos. 58526, 19912, RN103741765 and RN101880151; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lindsay Andrus, Sherry Smith)
Remanded to the Executive Director.
Item 38. Docket No. 2002-1168-PST-E. Consideration of an Agreed Order assessing administrative penalties against Baytown Business, Inc., dba Baytown Express in Harris County; TCEQ ID No. 4954; 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. (Gitanjali Yadav, Sherry Smith)
Approve the agreed order. RM/KW; all agree.
Item 39. Docket No. 2004-0124-PST-E. Consideration of an Agreed Order assessing administrative penalties against University of Texas Medical Branch at Galveston in Galveston County; Petroleum Storage Tank Facility ID Nos. 30977 and 37587; 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)
Approve the agreed order. RM/KW; all agree.
Item 40. Docket No. 2004-0193-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tucker Fuel & Oil Company, Inc. in Dallas County; RN100524263; 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 Tex. Admin. Code ch. 60. (Audra Ruble, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 41. Docket No. 2004-0198-PST-E. Consideration of an Agreed Order assessing administrative penalties against Three L., Inc. dba Sugar Land Bulk Oil Co. in Fort Bend County; Regulated Entity No. 102293420; 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)
Approve the agreed order. RM/KW; all agree.
Item 42. Docket No. 2003-0323-PST-E. Consideration of an Agreed Order assessing administrative penalties against City Int'l., LTD. dba Snappy Mart 4 in Chambers County; Petroleum Storage Tank Facility ID No. 0034055; 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 Tex. Admin. Code ch. 60. (Trina Grieco, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 43. Docket No. 2003-1247-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petromax Oil, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 29210; 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. (Steven Lopez, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 44. Docket No. 2003-1282-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mack Massey Motors, LP in El Paso County; Petroleum Storage Tank Facility ID No. 18758; 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. (Mauricio Olaya, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 45. Docket No. 2003-1576-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nasrolah Kamalie dba Lucky Way Food Store in Galveston County; Petroleum Storage Tank Facility ID No. 45459; 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. (Kimberly Morales, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 46. Docket No. 2004-0279-PST-E. Consideration of an Agreed Order assessing administrative penalties against Harlingen Medical Center, Limited Partnership in Cameron County; Petroleum Storage Tank 75045; 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. (Merrilee Hupp, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 47. Docket No. 2003-1585-PST-E. Consideration of an Agreed Order assessing administrative penalties against Joe Shofner dba E Z Stop in Shelby County; PST Facility ID No. 21855; 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 Tex. Admin. Code ch. 60. (Kelli Bruce, David Van Soest)
Remanded to the Executive Director.
Item 48. Docket No. 2003-1273-PST-E. Consideration of an Agreed Order assessing administrative penalties against McCall-T, Ltd. dba Sterling McCall Toyota in Harris County; Petroleum Storage Tank Facility ID No. 56297; 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)
Approve the agreed order. RM/KW; all agree.
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 49. Docket No. 2002-0046-PST-E. Consideration of a Default Order assessing administrative penalties against Pan-American General Hospital L.L.C. dba Southwestern General Hospital in El Paso County; TCEQ ID Nos. 0031789 and RN100815216; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lindsay Andrus, Sherry Smith)
Approve the default order. RM/KW; all agree.
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 50. Docket No. 2003-0450-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Graham in Young County; Public Water Supply No. 2520001, Regulated Entity ID No. RN101386308; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Thomas Greimel, David Van Soest)
Approve the agreed order. RM/KW; all agree.
Item 51. Docket No. 2003-1364-PWS-E. Consideration of an Agreed Order assessing administrative penalties against City of Round Rock in Williamson County; Public Water Supply Facility ID No. 2460003; for drinking water quality violations pursuant to Tex. Health and Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Walter Lassen, David Van Soest)
Approve the agreed order. RM/KW; all agree.
SLUDGE ENFORCEMENT AGREED ORDER
Item 52. Docket No. 2003-1307-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bruce G. Bennefield, Jr. in Newton County; Sludge Transporter ID No. None; for water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Michael Limos, David Van Soest)
Approve the agreed order. RM/KW; all agree.
MISCELLANEOUS
Item 53. Docket No. 2004-0726-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 of 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 proposes of the gifts and which is attached to and incorporated in these minutes. LS/KW; all agree.
RULE MATTERS
Item 54. Docket No. 2004-0243-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste. 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 March 12, 2004 issue of the Texas Register (29 TexReg 2755). (Ray Austin) (Rule Project No. 2003-060-335-WS)
Approve the adoption of the rules review and readoption of 30 TAC Chapter 335. RM/KW; all agree.
Item 55. Docket No. 2004-0180-RUL. Consideration of the adoption of amended Sections 321.31 - 321.47, and the adoption of the repeal of Sections 321.48 and 321.49 from 30 TAC Chapter 321, Control of Certain Activities by Rule, Subchapter B, Concentrated Animal Feeding Operations.
The adopted rulemaking would amend Chapter 321, Subchapter B, including proposals to reorganize existing requirements; incorporate the new federal concentrated animal feeding operation (CAFO) regulations; include Texas Pollutant Discharge Elimination System general requirements for CAFOs; include requirements for dairy CAFOs in a major sole-source impairment zone; amend the air quality standard permit; and provide authorization for animal feeding operations that are not defined or designated as CAFOs. The proposed rules were published in the March 12, 2004 issue of the Texas Register (29 TexReg 2550). (Darrell Williams, Guy Henry, Kathy Ramirez) (Rule Project No. 2003-026-321-WT)
Approve the adoption with changes offered by Chairman White and Commissioner Soward from the dias. KW/RM; all agree.
Item 56. Docket No. 2004-0185-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 331, Underground Injection Control. 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 March 19, 2004 issue of the Texas Register (29 TexReg 2929). (Joseph Thomas) (Rule Project No. 2004-026-331-WS)
Approve the adoption of the rules review and readoption of 30 TAC Chapter 331. KW/LS; all agree.
EXECUTIVE SESSION
Item 57. 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 58. 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 59. 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.
OLD BUSINESS AGENDA
Wednesday, June, 23, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 P.M.
12100 Park 35 Circle
Room 201S, Bldg. E
Continued from the May 26, 2004 agenda.
Item 1. Docket No. 2004-0474-RUL. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Houston/Galveston/Brazoria (HGB) ozone nonattainment area. The proposed SIP revision reflects a strategy based on nitrogen oxides and point source highly-reactive volatile organic compound emission reductions rather than solely a nitrogen oxides emission reduction plan. This proposal contains results of photochemical modeling and technical documentation in support of the attainment demonstration. As a result of these analyses, the proposal revises a number of nitrogen oxides control strategies and the highly-reactive volatile organic compound emission reduction requirements.
Additionally, the proposal contains a revision to the environmental speed limit strategy. The currently posted speed limits, at five miles per hour (mph) below what was posted before May 1, 2002, where speed limits were 65 mph or higher, are maintained and the reinstatement of the 55 mph speed limit on May 1, 2005 is removed, as required by House Bill 1365, 78th Legislature, Regular Session, 2003. (Kelly Keel, Janis Hudson) (Project Number 2004-042-SIP-NR)
Approve for publication and hearing, with amendments to the SIP narrative offered by Commissioner Soward from the dias. RM/KW; all agree.
Continued from the May 26, 2004 agenda.
Item 2. Docket No. 2004-0484-RUL. Consideration for publication of notice and hearing on a proposed revision to the state implementation plan (SIP) concerning the rate-of-progress (ROP) demonstration for the Houston-Galveston-Brazoria ozone nonattainment area. The proposed SIP revision will update the emission inventories, ROP budgets, and motor vehicle emission budgets (MVEB) to reflect the use of new EPA emission factor models (NONROAD and MOBILE6) and new motor vehicle activity estimates. The updated emission inventories, ROP budgets, and MVEBs are consistent with concurrent SIP proposals. (Kelly Keel, Terry Salem) (Project Number 2004-049b-SIP-NR)
Approve for publication and hearing. RM/KW; all agree.
Continued from the May 26, 2004 agenda.
Item 3. Docket No. 2004-0546-RUL. Consideration for publication of, and hearings on, proposed amended Sections 115.352, 115.354 - 115.357, and 115.359 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; and corresponding revisions to the state implementation plan. The proposed amendments are being proposed in Subchapter D (Petroleum Refining, Natural Gas Processing, and Petrochemical Processes), Division 3 (Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes).
The proposed rulemaking would remove certain recordkeeping requirements from the general volatile organic fugitive emissions rules in Subchapter D, Division 3, and make the requirements applicable only to sources of highly-reactive volatile organic compound fugitive emissions in rule amendments that are being proposed as part of a concurrent rulemaking in 30 TAC Chapter 115, Subchapter H. The proposed amendments would also make a variety of changes to correct typographical errors, update cross-references, add flexibility, and achieve the intended emission reductions of the program. (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Project No. 2004-052-115-AI)
Approved for publication and hearing. RM/KW; all agree.
Continued from the May 26, 2004 agenda.
Item 4. Docket No. 2004-0629-RUL. Consideration for publication of, and hearings on, amended Sections 115.10, 115.720, 115.722, 115.725 - 115.727, 115.729, 115.769, 115.780 - 115.783, and 115.786 - 115.789; new Sections 115.766, 115.767, and 115.790 - 115.793; and repealed Sections 115.766 - 115.768 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; corresponding revisions to the state implementation plan. The amended, new, and repealed sections are being proposed in 30 TAC Chapter 115, Subchapter A (Definitions); Subchapter H (Highly-Reactive Volatile Organic Compounds), Division 1 (Vent Gas Control), Division 2 (Cooling Tower Heat Exchange Systems), Division 3 (Fugitive Emissions), and Division 4 (Enforcement of Site-wide Caps).
The proposed rulemaking would achieve emission reductions in support of the attainment demonstration of the national ambient air quality standard for ozone in the Houston/Galveston ozone nonattainment area and would implement measures to ensure compliance with the specific strategies to control HRVOC emissions. The proposed amendments would also make a variety of changes to correct typographical errors and update cross-references. (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Project No. 2004-037-115-AI)
Re-posted as Item 5.
AGENDA
Wednesday, June 23, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 P.M.
12100 Park 35 Circle
Room 201S, Bldg. E
Item 1. Docket No. 2004-0727-RUL. Consideration for publication of, and hearing on, proposed new Sections 101.390 - 101.394, 101.396, 101.399 - 101.401, and 101.403 of 30 TAC Chapter 101, General Air Quality Rules; and corresponding revisions to the state implementation plan. The new sections are being proposed in 30 TAC Chapter 101, Subchapter H, Emissions Banking and Trading; new Division 6, Highly-Reactive Volatile Organic Compound Emissions Cap and Trade Program.
The proposed rulemaking would establish a mandatory annual cap and trade program to achieve reductions of highly-reactive volatile organic compound emissions in support of the attainment demonstration of the one-hour national ambient air quality standard for ozone in the Houston/Galveston ozone nonattainment area. (Cory Chism, Susana Hildebrand, Daniel Long, Clifton Wise) (Rule Project No. 2004-058-101-AI)
Approve for publication and hearing. RM/KW; all agree.
Item 2. TCEQ Docket No. 2002-1241-PST-E; SOAH Docket No. 582-04-1398. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Mike Khader dba Phillips 66 in Bexar County, Texas; TCEQ ID No. 10910; regarding petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's PFD and Order with the Executive Director's exceptions. KW/RM; all agree.
Item 3. TCEQ Docket No. 2003-0227-PST-E; SOAH Docket No. 582-04-1397. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Majic Market, Inc. dba Brown Trail Fina in Tarrant County, Texas; TCEQ ID 5641; regarding petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's PFD and Order with the Executive Director's exceptions. RM/KW; all agree
Item 4. TCEQ Docket No. 2002-0887-MSW-E; SOAH Docket No. 582-04-3547. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Enviro Save Oil Recovery Company of America in McLennan County, Texas; TCEQ ID Nos. A85288 and A85761; regarding violations of the Texas Used Oil Collection, Management, and Recycling Act pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality.
Adopt the ALJ's PFD and Order with the Executive Director's exceptions. KW/RM; all agree.
ADDENDUM TO THE AGENDA
Wednesday, June, 23, 2004
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
1:00 P.M.
12100 Park 35 Circle
Room 201S, Bldg. E
Item 5. Docket No. 2004-0629-RUL. Consideration for publication of, and hearings on, amended Sections 115.10, 115.720, 115.722, 115.725 - 115.727, 115.729, 115.760, 115.761, 115.764, 115.769, 115.780 - 115.783, and 115.786 - 115.789; new Sections 115.766 and 115.767; and repealed Sections 115.766 - 115.768 and 115.785 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; and corresponding revisions to the state implementation plan. The amended, new, and repealed sections are being proposed in 30 TAC Chapter 115, Subchapter A (Definitions); Subchapter H (Highly-Reactive Volatile Organic Compounds), Division 1 (Vent Gas Control), Division 2 (Cooling Tower Heat Exchange Systems), and Division 3 (Fugitive Emissions).
The proposed rulemaking would achieve emission reductions in support of the attainment demonstration of the national ambient air quality standard for ozone in the Houston/Galveston ozone nonattainment area and would implement measures to ensure compliance with the specific strategies to control highly-reactive volatile organic compound emissions. The proposed amendments would also make a variety of changes to correct typographical errors and update cross-references. (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Project No. 2004-037-115-AI)
Approved for publication and hearing. RM/KW; all agree.