TCEQ Commission Marked, 14 July 2004

Kathleen White

Ralph Marquez

Larry Soward

OLD BUSINESS AGENDA

Wednesday, July, 14, 2004

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

Continued from the June 9, 2004 agenda.

Item 1. Docket No. 2003-1216-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of University of Texas Southwestern Medical Center in Dallas County; Air Account No. DB-2459-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382 and Tex. Water Code ch. 7 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Jorge Ibarra, P.E., Tom Greimel)

Approve the agreed order. RM/KW; all agree

AGENDA

Wednesday, July 14, 2004

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

HEARING REQUESTS

Item 1. Docket No. 2004-0746-UIC. Consideration of applications by URI, Inc., for renewal of permits for two Underground Injection Control wells, WDW-247 (this well has not been constructed) and WDW-248 (constructed), which authorize the continued disposal of industrial nonhazardous waste. The wells are located at the Kingsville Dome Uranium Mine in Kleberg County, approximately eight miles southeast of the City of Kingsville, five miles east of the City of Ricardo, east of Highway 77, and adjacent to Farm Road 1118. The commission will also consider requests for hearing and related responses and replies, public comment and the Executive Director's Responses to Comments. (Ben Knape, John Santos, Richard T. Egan)

Grant the hearing requests for Eleuterio & Enedelia Saenz, Kleberg County and the STOP organization, refer to ADR then to SOAH if a resolution is not met through mediation and the hearing to be held in Kleberg County, Texas and consolidated with Docket No. 1997-1063-UIC. LS/KW; all agree.

Item 2. Docket No. 1997-1063-UIC. Consideration of an application by URI, Inc., for a third production area authorization for the Kingsville Dome Mine Site under existing Permit No. UR02827-001. The proposed production area authorization number is UR02827-031. The site is located in Kleberg County, approximately eight miles southeast of the City of Kingsville, five miles east of the City of Ricardo, east of Highway 77, and adjacent to Farm Road 1118. The authorization would allow injection into specified zones for the purpose of uranium production. The production zone is the Goliad formation at a depth of 420 feet to 810 feet. The commission will also consider the applicant's request for hearing, other hearing requests, and related responses and replies. (Ben Knape, John Santos, Richard T. Egan)

A. Deny the Applicant's Motion for Oral Argument. KW/RM

B. Grant the hearing requests for URI, Kleberg County and the STOP organization and refer to SOAH with the hearing to be held in Kleberg County, Texas and consolidated with Docket No. 2004-0746-UIC with direction to the ALJ to limit the SOAH contested case hearing on the application to issues pertinent to the requested production area authorization as required by the underlying Class 3 permit. Allow the ALJ to determine party status for the remaining timely hearing requesters who filed a request for hearing on this matter. LS/KW; all agree.

Item 3. Docket No. 2004-0642-MWD. Consideration of the application by Aquasource Development Company for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014346001, to authorize the discharge of treated domestic wastewater at an Interim I volume not to exceed a daily average flow of 0.055 million gallons per day (MGD), an Interim II volume not to exceed a daily average flow of 0.11 MGD, and a Final volume not to exceed a daily average flow of 0.22 MGD. The facility will be located approximately 775 yards east of the intersection of Schluter Road and Old Stony Road in Denton County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Todd Burkey, Firoj Vahora)

Item continued to the August 25, 2004 agenda.

Item 4. Docket No. 2004-0641-AIR. Consideration of application by Karmy Construction, Inc. for a New Air Quality Standard Permit to authorize the construction of a Specialty Concrete Plant. The proposed facility is to be located at 2300 FM 3048, in Cleburne, Johnson County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Helga Chatelle/Garrett Arthur)

Re-posted as Item 72.

Item 5. Docket No. 2004-0640-MWD. Consideration of the application by the City of Prosper for a major amendment to TPDES Permit No. 10915-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 556,000 gallons per day to an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 300 feet west of the intersection of the St. Louis and San Francisco Railroad and Seventh Street in the Town of Prosper in Collin 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 McClain, Kent H. Trede)

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

Item 6. Docket No. 2004-0058-DIS. Consideration of an application by Acton Municipal Utility District ("District") to levy impact fees in Hood and Johnson Counties, Texas. The District proposes to levy impact fees of $3,878 per equivalent single-family connection for new connections to its water system and $2,924 per ESFC for new connections to its wastewater system. The Commission will also consider hearing requests and related responses and replies. (TCEQ Internal Control No. 01132003-D02 Rob Cummins, Geoff Kirshbaum)

Grant the hearing requests for Plantation Orchard, L.P. & Pecan Plantation Properties, Inc. and refer this matter to SOAH. RM/KW; all agree.

Item 7. Docket No. 2003-1530-WR. Consideration of application by the City of Irving to amend its Certificate of Adjudication No. 03-4799, as amended, to remove the requirement to return water diverted but not consumed to the Trinity River Basin and to add authorization for the reuse of water from the Sulphur River Basin in the Trinity River Basin. Certificate of Adjudication No. 03-4799, as amended, authorizes the City of Irving to impound 114,265 acre feet of water in Lake Chapman on the South Sulphur River, Sulphur River Basin, Delta and Hopkins Counties, and to divert and use up to 44,820 acre feet of water per annum for municipal use and up to 9,180 acre feet of water per annum for municipal and industrial use within the service area of the City of Irving. The city is authorized to use the bed and banks of Doe Branch, tributary of the Elm Fork Trinity River, and the bed and banks of Lake Lewisville to convey water from Lake Chapman to the City of Dallas' Elm Fork water treatment plant for subsequent delivery to the City of Irving. This amendment would remove the requirement to return water diverted but not consumed to the Trinity River Basin, and authorize the reuse of water from the Sulphur River Basin in the Trinity River Basin. The city will obtain future authorization under the bed and banks statute, Tex. Water Code Section 11.042 after identifying specific points of discharge and diversion. The commission will consider any other pending requests, including hearing requests and responses. Delta, Hopkins and Dallas Counties. (Robin Smith, David Koinm)

Re-posted as Item 73.

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 8. Docket No. 2002-1392-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Longhorn Glass Manufacturing, L.P. dba Longhorn Glass Corporation in Harris County; Air Account No. HG-0028-R; 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, A. Sunday Udoetok)

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

Item 9. Docket No. 2003-0524-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Akzo Nobel Industrial Specialties Inc. in Fort Bend County; Air Account No. FG-0042-L, and Air Permit Nos. 9600 and 9536; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Trina Grieco, Sunday Udoetok)

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

Item 10. Docket No. 2003-1235-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Occidental Permian, Ltd. in Upton County; Air Account No. UB-0058-G, Regulated Entity Reference No. RN100225737; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Suzanne Walrath, Sunday Udoetok)

Item remanded to the Executive Director.

Item 11. Docket No. 2004-0259-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Peak Sulfur, Inc. in Jefferson County; Air Account No. JE0073N; 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. (Walter Lassen, Sunday Udoetok)

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

Item 12. Docket No. 2003-1504-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Peebles Lumber Company, LLC in Marion County; Regulated Entity Reference No. RN102941200; 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. (Sushil Modak, Sunday Udoetok)

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

Item 13. Docket No. 2003-1314-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Behr Climate Systems, Inc. in Tarrant County; Air Account No. TA-0614-B, Regulated Entity Reference No. RN100217934; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Suzanne Walrath, Sunday Udoetok)

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

Item 14. Docket No. 2003-1320-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Akzo Nobel Catalysts L.L.C. dba Akzo Nobel Polymer Chemicals Trigonox 201 in Harris County; Air Account No. HG0037Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382 and Tex. Water Code ch. 7 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Chris Friesenhahn, Sunday Udoetok)

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

Item 15. Docket No. 2004-0090-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso Water Utilities in El Paso County; Air Account No. EE-1016-V, Regulated Entity No. RN100817196; 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. (Kent Heath, Sunday Udoetok)

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

Item 16. Docket No. 2003-1466-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Nisseki Chemical Texas Inc. in Harris County; Air Account No. HG-3626-Q, Regulated Entity Reference No. RN102887270; 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. (Lawrence King, A. Sunday Udoetok)

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

Item 17. Docket No. 2003-1595-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Mockingbird Skillman Mobil, Inc. dba Mockingbird Mobil in Dallas County; RN102765773; 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. (Jorge Ibarra, P.E., Sunday Udoetok)

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

Item 18. Docket No. 2004-0230-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Pioneer Natural Resources USA, Inc. in Moore County; Air Account No. MR-0121-W, Regulated Entity Reference No. RN100216050; 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. (Carolyn V. Lind, Sunday Udoetok)

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

Item 19. Docket No. 2003-1542-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of William Marsh Rice University in Harris County; Air Account No. HG1149U; 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, A. Sunday Udoetok)

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

EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

Item 20. Docket No. 2003-1202-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Public Safety in Williamson County; Regulated Entity ID No. RN102920568; 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. (Christina McLaughlin, Sunday Udoetok)

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

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 21. Docket No. 2003-1126-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Marathon Ashland Petroleum LLC in Galveston County; Texas Pollutant Discharge Elimination System Permit No. 00990; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Michael Meyer, Sunday Udoetok)

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

Item 22. Docket No. 2003-1486-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Millennium Petrochemicals, Inc. and Linde Gas, Inc. in Harris County; Texas Pollutant Discharge Elimination System Permit No. 04092; 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. (Sherry Smith, Sunday Udoetok)

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

Item 23. Docket No. 2003-1559-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lufkin Industries Inc. in Angelina County; Texas Pollutant Discharge Elimination System Permit No. 001268000; 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, Sunday Udoetok)

Item remanded to the Executive Director.

LICENSED IRRIGATORS ENFORCEMENT DEFAULT ODER

Item 24. Docket No. 2002-0662-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Tony E. Williams, Jr. in Harris County; TCEQ ID No. None; for landscape irrigator installer violations pursuant to Tex. Water Code chs. 7, 34, and 37 and the rules of the Texas Commission on Environmental Quality. (Benjamin J. de Leon, Lisa Lemanczyk)

Item continued to the August 11, 2004 agenda.

MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS

Item 25. Docket No. 2003-1311-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cooks Point Water Supply Corporation in Burleson County; Public Water Supply No. 0260028; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 11, and the rules of the Texas Commission on Environmental Quality. (Susan Longenecker, Sunday Udoetok)

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

Item 26. Docket No. 2003-1160-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nacogdoches County Road and Bridge Department in Nacogdoches County; Facility ID BE00062, Regulated Entity Reference No. RN102883527; for petroleum storage tank and used oil violations pursuant to Tex. Health & Safety Code ch. 371, 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. (Edward Moderow, Sunday Udoetok)

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

MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS

Item 27. Docket No. 2004-0322-MSW-E. Consideration of an Agreed Order assessing administrative penalties against City of San Angelo in Tom Green County; TCEQ Permit: None, Regulated Entity Reference No. RN103948758; 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. (Laurie Eaves, Sunday Udoetok)

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

Item 28. Docket No. 2001-1553-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Waste Management of Texas, Inc. in Hunt County; MSW Permit No. 1503; 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. (Sherry Smith, Sunday Udoetok)

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

Item 29. Docket No. 2003-0487-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Juan Escalona dba Escalona Trucking in Hidalgo County; TCEQ ID No. HAW006, Regulated Entity ID No. RN102742541; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jaime Garza, Sunday Udoetok)

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

Item 30. Docket No. 2003-0538-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brooks County in Brooks County; Municipal Solid Waste Permit No. 379, Regulated Entity ID No. RN101478501; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jaime Garza, Sunday Udoetok)

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

Item 31. Docket No. 2003-0482-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Valley Baptist Medical Center in Cameron County; TCEQ ID No. HAW008, Regulated Entity ID No. RN101677870; 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. (Craig Fleming, Sunday Udoetok)

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

Item 32. Docket No. 2002-0761-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ricky Palasota in Brazos County; TCEQ ID No. 455090081; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code chs. 361 and 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Lisa Lemanczyk)

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

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 33. Docket No. 2003-1161-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Laura Redow Karbalai dba Carby Street Mobile Home Park in Harris County; Texas Pollutant Discharge Elimination System Permit No. 14217-001; 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. (Catherine Albrecht, Sunday Udoetok)

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

Item 34. Docket No. 2003-1341-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of New London in Rusk County; Texas Pollutant Discharge Elimination System Permit No. 12376-001; 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. (Edward R. Moderow, Sunday Udoetok)

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

Item 35. Docket No. 2003-1389-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Big Oaks Municipal Utility District dba Brentwood Estates in Fort Bend County; Texas Pollutant Discharge Elimination System Permit No. 13021-001, Regulated Entity ID No. RN102080025; 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. (Cari Bing, Sunday Udoetok)

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

Item 36. Docket No. 2003-1229-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pure Utilities LC dba Lakeside Village Sewer Plant in Polk County; Texas Pollutant Discharge Elimination System Permit No. 14014-001; 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. (Tel Croston, Sunday Udoetok)

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

Item 37. Docket No. 2003-1419-MWD-E. Consideration of an Agreed Order assessing administrative penalties against El Paso County Water Control & Improvement District No. 4 in El Paso County; Texas Pollutant Discharge Elimination System Permit No. 10166-001, Regulated Entity ID No. RN101608164; 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. (Jaime Garza, Sunday Udoetok)

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

Item 38. Docket No. 2003-0655-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ricetec, Inc. in Brazoria County; Texas Pollutant Discharge Elimination System Permit No. WQ14068-001; 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. (Catherine Albrecht, Sunday Udoetok)

Item remanded to the Executive Director.

Item 39. Docket No. 2003-0436-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Parks and Wildlife Department in Burnet County; TCEQ Water Quality Permit No. 14199-001; 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. (Lawrence King, Sunday Udoetok)

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

ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED ORDER

Item 40. Docket No. 2004-0020-OSI-E. Consideration of an Agreed Order assessing administrative penalties against James Rickey Fortner, Jr. in Rockwall County; On Site Sewage Facility Installer License No. OS0008220, Regulated Entity Reference No. RN103657359; for water quality violations pursuant Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Ronnie Kramer, Sunday Udoetok)

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

PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

Item 41. Docket No. 2004-0280-PST-E. Consideration of an Agreed Order assessing administrative penalties against Manora Enterprises Inc. dba Mikes Short Stop in Tarrant County; Petroleum Storage Tank Facility ID No. 61916; 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. (Terry Murphy, Sunday Udoetok)

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

Item 42. Docket No. 2003-1403-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hays City Corporation dba Tex-Con Oil Company in Burnet County; TCEQ ID No. None, Regulated Entity ID No. RN103888442; 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. (Miriam Hall, Sunday Udoetok)

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

Item 43. Docket No. 2003-1204-PST-E. Consideration of an Agreed Order assessing administrative penalties against La Grange Petroleum, Inc. and Fred Adamcik dba Adamciks in Fayette County; Petroleum Storage Tank Facility ID No. 14243; 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, Sunday Udoetok)

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

Item 44. Docket No. 2004-0009-PST-E. Consideration of an Agreed Order assessing administrative penalties of McCraw Oil Company, Inc. in Collin County; Regulated Entity Reference No. RN100530724; 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. (Carolyn V. Lind, Sunday Udoetok)

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

Item 45. Docket No. 2003-0803-PST-E. Consideration of an Agreed Order assessing administrative penalties against Cherian Zachariah dba J & C Mobil and dba Go For It Foods in Fort Bend County; Petroleum Storage Tank Facility ID Nos. 14941 and 67011; 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, Sunday Udoetok)

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

Item 46. Docket No. 2003-1515-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cook Children's Hospital in Tarrant County; Petroleum Storage Tank Facility ID No. 73740, Regulated Entity Reference No. RN103077483; 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. (Steven Lopez, Sunday Udoetok)

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

Item 47. Docket No. 2004-0217-PST-E. Consideration of an Agreed Order assessing administrative penalties against Groendyke Transport, Inc. in Dallas County; TCEQ Regulated Entity No. 102407947; for petroleum storage tank 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. (Walter Lassen, Sunday Udoetok)

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

Item 48. Docket No. 2004-0201-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mail Contractors of America, Inc. in Dallas County; Petroleum Storage Tank Registration No. 45401, Regulated Entity ID No. RN101536373; 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. (Steven Lopez, Sunday Udoetok)

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

Item 49. Docket No. 2003-1588-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Inara Convenience Inc. in Tarrant County; Petroleum Storage Tank Facility ID No. 5590, Regulated Entity Reference No. RN101534790; 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. (Sushil Modak, Sunday Udoetok)

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

Item 50. Docket No. 2004-0130-PST-E. Consideration of an Agreed Order assessing administrative penalties against N. K. Enterprises, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 39852, Regulated Entity Reference No. RN102368610; 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 Limos, Sunday Udoetok)

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

Item 51. Docket No. 2003-1570-PST-E. Consideration of an Agreed Order assessing administrative penalties against Perwez Molubhoy dba Sam's Beverages of Plano in Collin County; Petroleum Storage Tank Facility ID No. 72959, Regulated Entity Reference No. RN102052164; 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. (Jill Reed, Sunday Udoetok)

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

Item 52. Docket No. 2003-1020-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ashiq Ali Khoja dba Stop N Drive Food Mart in Galveston County; TCEQ ID Nos. 31669 and RN102389285; 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 Tex. Admin. Code ch. 60. (Sarah Jane Utley, Lisa Lemanczyk)

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

Item 53. Docket No. 2003-0914-PST-E. Consideration of an Agreed Order assessing administrative penalties against Kayan Foods, Inc. dba Delta Food Store in Harris County; TCEQ ID Nos. 39747 and RN101846087; 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. (Gitanjali Yadav, Lisa Lemanczyk)

Item remanded to the Executive Director.

Item 54. Docket No. 1999-0988-PST-E. Consideration of an Agreed Order assessing administrative penalties against El Chito, Inc. d/b/a 4 Star Food Mart in Harris County; TCEQ ID No. 0035345; for petroleum storage tank violations pursuant to Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Benjamin J. de Leon, Lisa Lemanczyk)

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

PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER

Item 55. Docket No. 2003-0414-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ajit Prasad dba Check Out Chevron in Trinity County; TCEQ ID Nos. 0041188 and RN102246444; for petroleum storage tank violations pursuant to Tex. Water Code chs. 5, 7, and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Laurencia Fasoyiro, Lisa Lemanczyk)

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

PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

Item 56. Docket No. 2003-1464-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Aqua-Pure Water Supply Corporation dba Lakewood Harbor Water Supply in Bosque County; Public Water Supply No. 0180031; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Catherine Albrecht, Sunday Udoetok)

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

Item 57. Docket No. 2004-0109-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mike Muskrella dba County Line Market in Fort Bend County; Public Water Supply No. 0790234; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kimberly Morales, Sunday Udoetok)

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

Item 58. Docket No. 2003-1251-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Barnhart Water Supply Corporation in Irion County; Public Water Supply ID No. 1180001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Chad Blevins, Sunday Udoetok)

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

SLUDGE ENFORCEMENT AGREED ORDER

Item 59. Docket No. 2003-1365-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sandra Marshall in Newton County; RN103019972; for water quality 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. (Jorge Ibarra, P.E., Sunday Udoetok)

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

MUNICIPAL WASTE DISCHARGE GENERAL PERMIT

Item 60. Docket No. 2004-0881-MWD. Consideration of issuance of general permit number TXG920000 which authorizes the discharge of manure, litter and wastewater associated with concentrated animal feeding operations into or adjacent to surface water in the state under specific circumstances. The Commission will also consider public comment and the Executive Director's response to comments. (Guy Henry/Darrell Williams)

Approve the general permit and the response to public comments with the revisions recommended by the Executive Director and raised by and approved by the Commissioners during the public meeting. KW/LS; all agree.

TEMPORARY ORDER

Item 61. Docket No. 2004-0298-MWD. Consideration of a request by the City of Gustine (Gustine) for a Temporary Order pursuant to Texas Water Code § 5.509 and 30 Texas Administrative Code §§ 35.301 - 35.303. Gustine is a municipality authorized to operate a wastewater treatment facility under Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010841001. The facility is located approximately 2.0 miles east of the intersection of State Highway 36 and FM 1476 in Comanche County, Texas. TPDES Permit No. WQ0010841001 authorizes Gustine to discharge up to 82,000 gallons per day into the South Leon River, then to the Leon River in Segment No. 1221 of the Brazos River Basin in Comanche County, Texas. Gustine seeks an order authorizing a discharge adjacent to waters in the state. Gustine states that the discharge is unavoidable because it believes the facility has not operated properly due to a structural failure in the common wall between the facility's treatment units. Gustine requests permission to divert the wastewater from entering the treatment units into a pre-existing but unused holding pond adjacent to the facility on Gustine's property for a period not to exceed 120 days. Once repairs are complete, Gustine proposes to resume regular operation of the facility and pump the contents of the temporary holding ponds back to the facility for treatment. (Contact: Todd Burkey, Kent Trede)

Approve the revised temporary order. RM/KW; all agree.

RULE MATTERS

Item 62. Docket No. 2003-1274-RUL. Consideration of the adoption of new Sections 70.201 - 70.206 of 30 TAC Chapter 70, Enforcement. The new sections implement Senate Bill 1265, 78th Legislature, Regular Session, 2003.

The adoption would establish procedures for Texas peace officers to use when referring alleged environmental violations for criminal enforcement review. The proposed rules were published in the February 13, 2004 issue of the Texas Register (29 TexReg 1297). (Paul Sarahan, Micheal Blinn, Michael Bame) (Rule Project No. 2003-061-070-AD)

Adopt the new Sections 70.201 - 70.206 of 30 TAC Chapter 70. RM/KW; all agree.

Item 63. Docket No. 2004-0872-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter C, Volatile Organic Compound Transfer Operations, Division 2, Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities, Sections 115.227 and 115.229; Subchapter E, Solvent-Using Processes, Division 1, Degreasing Processes, Sections 115.412, 115.413, 115.415 - 115.417, and 115.419; Subchapter F, Miscellaneous Industrial Sources, Division 1, Cutback Asphalt, Sections 115.512, 115.516, 115.517, and 115.519; and corresponding revisions to the state implementation plan.

The proposed rulemaking would lower the exemption level for facilities subject to Stage I vapor recovery controls from 125,000 gallons to 25,000 gallons of gasoline in a calendar month in the four counties in the San Antonio early action compact (EAC) area (Bexar, Comal, Guadalupe, and Wilson Counties) and to the five counties in the Austin EAC area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties); extend the control requirements for cold solvent cleaning, open-top vapor degreasing, and conveyorized degreasing to the four counties in the San Antonio EAC area and to the five counties in the Austin EAC area; and extend the control requirements for cutback asphalt to the five counties in the Austin EAC area. (Teresa Hurley, John Minter, Emily Barrett) (Rule Project No. 2004-073-115-AI)

Approve publication of, and hearing on, proposed amendments to 30 TAC Chapter 115 and corresponding revisions to the state implementation plan with amendments proposed by the Executive Director. RM/LS; all agree.

Item 64. Docket No. 2004-0874-RUL. Consideration for publication of, and hearings on, proposed new Sections 114.80 - 114.87 in new Division 3, Early Action Compact Counties, of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter C, Vehicle Inspection and Maintenance and Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program; and corresponding revisions to the state implementation plan.

The proposed rulemaking would implement the motor vehicle inspection and maintenance program for Travis and Williamson Counties as part of the Austin area early action compact plan as authorized by Senate Bill 1159, 78th Legislature, Regular Session, 2003. (Bob Wierzowiecki, Garrett Arthur, Ray Austin) (Rule Project No. 2004-071-114-AI)

Approve publication of, and hearings on, proposed new Sections 114.80 - 114.87 in new Division 3, Early Action Compact Counties, of 30 TAC Chapter 114 and corresponding revisions to the state implementation plan. RM/LS; all agree.

Item 65. Docket No. 2004-0871-RUL. Consideration for publication of, and hearing on, a proposed new division in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512 and 114.517; and corresponding revisions to the state implementation plan.

The proposed rulemaking would provide a nitrogen oxides reduction option that local governments could elect to have apply within their jurisdictions to assist with maintaining compliance with the federal ozone national ambient air quality standard. The proposed statewide rules for idling limitations for heavy-duty vehicles would be applicable only within local jurisdictions that enter into a Memorandum of Agreement with the commission to enforce the rules. (Morris Brown, Garrett Arthur, Joseph Thomas) (Rule Project No. 2004-072-114-AI)

Approve publication of, and hearing on, a proposed new division in 30 TAC Chapter 114 and corresponding revisions to the state implementation plan with amendments proposed by the Executive Director. RM/LS; all agree.

Item 66. Docket No. 2004-0832-RUL. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Northeast Texas Early Action Compact area including Gregg, Harrison, Rusk, Smith and Upshur Counties. The proposal contains results of photochemical modeling and technical analyses in support of the demonstration of attainment of the 8-hour ozone standard by 2007 and maintenance of that standard through 2012. (Gerry Wolfe, Daniel Long) (Project No. 2004-077-SIP-NR)

Approve publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Northeast Texas Early Action Compact area with amendments proposed by the Executive Director. RM/LS; all agree.

STATE IMPLEMENTATION PLAN

Item 67. Docket No. 2004-0873-SIP. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the San Antonio Early Action Compact area including Bexar, Comal, Guadalupe and Wilson Counties. The proposal contains results of photochemical modeling and technical analyses in support of the demonstration of attainment of the 8-hour ozone standard by 2007 and maintenance of that standard through 2012. (Kate Williams, John Minter) (Project No. 2004-085-SIP-NR)

Approve publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the San Antonio Early Action Compact area with amendments proposed by the Executive Director. RM/LS; all agree.

Item 68. Docket No. 2004-0870-SIP. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Austin-Round Rock Early Action Compact area including Bastrop, Caldwell, Hays, Travis and Williamson Counties. The proposal contains results of photochemical modeling and technical analyses in support of the demonstration of attainment of the 8-hour ozone standard by 2007 and maintenance of that standard through 2012. (Kate Williams, Garrett Arthur) (Project No. 2004-086-SIP-NR)

Approve publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Austin-Round Rock Early Action Compact area with amendments proposed by the Executive Director. RM/LS; all agree.

EXECUTIVE SESSION

Item 69. 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.

The Commissioners appointed Glenn Shankle as the Executive Director of the Texas Commission on Environmental Quality, effective August 1, 2004. KW/RM/LS.

Item 70. 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 71. 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.

ADDENDUM TO THE AGENDA

Wednesday, July 14, 2004

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 72. Docket No. 2004-0641-AIR. Consideration of the application by Karmy Construction,Inc. for New Air Quality Standard Permit No. 55520 to authorize the construction of a Specialty Concrete Plant. The proposed facility is to be located at 2300 FM 3048, in Cleburne, Johnson County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Helga Chatelle/Garrett Arthur)

Grant the hearing requests for Gwen Cabalas, Dr. Robert W. Childers, John Denison, Dewey & Hazel Kimbrow, Milton Kimbrow, Terry & Tina Marvin, Allan & Kathy McGlothin, Mark & Dawn Miosi, Steve & Tammy Miosi, Karyl Lee & Michael Rhodes, Robert G. Sceeles and Barbara & Torrence Simons on the issue of whether or not the proposed permit would adversely effect the health and welfare of the families or their use and enjoyment of their property. Refer to SOAH for a period of 4 months, allow the ALJ to determine the party status of Prescilla Cox, Mr. & Mrs. Larry Davis, Lorene & Michael England, Jueth & Elmer Hardin, John & Kathy Paige, Erwin & Evangeline Sicher and Robert Rains. KW/RM; all agree.

Item 73. Docket No. 2003-1530-WR. Consideration of application by the City of Irving to amend its Certificate of Adjudication No. 03-4799, as amended, to remove the requirement to return water diverted but not consumed to the Trinity River Basin and to add authorization for the reuse of water from the Sulphur River Basin in the Trinity River Basin. Certificate of Adjudication No. 03-4799, as amended, authorizes the City of Irving to impound 114,265 acre feet of water in Lake Chapman on the South Sulphur River, Sulphur River Basin, Delta and Hopkins Counties, and to divert and use up to 44,820 acre feet of water per annum for municipal use and up to 9,180 acre feet of water per annum for municipal and industrial use within the service area of the City of Irving in Dallas County. The city is authorized to use the bed and banks of Doe Branch, tributary of the Elm Fork Trinity River, and the bed and banks of Lake Lewisville to convey water from Lake Chapman to the City of Dallas' Elm Fork water treatment plant for subsequent delivery to the City of Irving. This amendment would remove the requirement to return water diverted but not consumed to the Trinity River Basin, and authorize the reuse of water from the Sulphur River Basin in the Trinity River Basin. The city will obtain future authorization under the bed and banks statute, Tex. Water Code Section 11.042 after identifying specific points of discharge and diversion. The commission will consider any other pending requests, including hearing requests and responses. (Robin Smith, David Koinm)

Grant the hearing request for Trinity River Authority and refer to SOAH. KW/RM; all agree.