|
HEARING REQUEST |
|
| Item 1. |
Docket No. 2002-1046-AIR. Consideration of application by Sweetheart Cup
Company for the amendment of Air Quality Permit No. 22427 to authorize the
construction of a flexographic printing press. The proposed facility is located at 4444
W. Ledbetter Dr. in Dallas, Dallas 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. (Kristy Roche /
Garrett Arthur) |
|
| Deny hearing request and adopt Executive Director's Response to Comments and Issue Permit,
RM/RH. All Agree |
| |
|
PETITION TO CREATE GROUNDWATER CONSERVATION DISTRICT |
|
| Item 2. |
Docket No. 2002-1124-WR. Consideration of a petition for the creation of the Lake
Country Groundwater Conservation District in Wood County under Chapter 36 of
the Tex. Water Code. One hundred fifty landowners within this proposed district filed
this petition on April 1, 2002. The purpose of the district is to conserve, preserve,
protect, recharge, and prevent waste of the Carrizo-Wilcox, Queen City, Sparta, and
other aquifers in Wood County. The Executive Director has determined that the
petition complies with Tex. Water Code, Chapter 36, therefore the Commission may
certify the petition administratively complete, create the district, and appoint the
temporary directors for the district. (TCEQ IC# GPA-020401; CCO# 23571) (Kelly
Mills, James Sloan, & Guy Henry) |
|
| Certify petition as administratively complete, create the district subject to an election, and appoint the
temporary directors for the district, RH/KW. All Agree |
|
|
AUTHORIZATION TO CONSTRUCT |
|
| Item 3. |
Docket No. 2002-1123-MWD. Consideration of a request by San Jacinto River
Authority (SJRA) for an Order authorizing commencement of construction of the
proposed expansion to its wastewater treatment facility pursuant to sections 26.019
and 26.027 (c) of the Tex. Water Code. SJRA has applied to amend Texas Pollutant
Discharge Elimination System Permit No. 12597-001 to authorize an increase of the
discharge of treated domestic wastewater from a volume not to exceed an average
flow of 2.5 million gallons per day to a volume not to exceed an average flow of 7.8
million gallons per day. SJRA's existing facility is operating at 80% capacity and
SJRA estimates that completion of the proposed expansion will take approximately 24
months. Based on its population projections and the development activity in its
service area, SJRA estimates that it may not be able to meet future service demands if
it delays commencement of construction until receipt of its amended permit. The
Woodlands Wastewater Treatment Plant No. 2 is located approximately 2,000 feet
northwest of the confluence of Bear Branch and Panther Branch; approximately 3.5
miles south of the intersection of Farm-to-Market Road 1488 and Interstate Highway
45 in Montgomery County, Texas. The treated effluent is discharged to Panther
Branch above Lake Woodlands, an unclassified tributary flowing into Lake
Woodlands, then to Panther Branch, then to Spring Creek in Segment No. 1008 of the
San Jacinto River Basin. (Todd Burkey, Phillip Urbany). |
|
| Approve Authorization to Construct, RH/RM. All Agree |
| |
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 4. |
Docket No. 2002-0191-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Calpine Central, L.P. in
Harris County; Air Account No. HX-2690-V; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (Rebecca Johnson, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 5. |
Docket No. 2002-0052-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dal-Tile Corporation in El
Paso County; Air Account No. EE-1471-Q; 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. (Miriam Hall, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 6. |
Docket No. 2001-1480-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duke Energy Field Services,
LP in Hutchinson County; Air Account No. HW-0020-F; 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. (Ronnie L. Kramer,
Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 7. |
Docket No. 2002-0145-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against EOTT Energy Liquids, L. P. in Harris County; Air
Account No. HG-0714-Q; 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. (Suzanne Walrath, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 8. |
Docket No. 2001-1517-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hydro Conduit Corporation
in Denton County; Air Account No. DF-0182-Q; for air quality 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. (Jorge Ibarra, P.E., Merrilee
Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 9. |
Docket No. 2001-1204-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Navajo Refining Company
in Howard County; Air Account No. HT-0266-E; 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. (Dan Landenberger, Merrilee
Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 10. |
Docket No. 2001-1264-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of San Antonio Shoe, Inc. in
Val Verde County; Air Account No. VA-0045-J and General Operating Permit No.
O-01881; 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. (Rebecca Clausewitz, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 11. |
Docket No. 2001-1297-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Westwood VII Management, LLC in Hardin
County; Air Account No. HF-0231-G; 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. (Laura Clark, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 12. |
Docket No. 2002-0499-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Pelican Island Storage Terminal, Inc. dba
Galveston Terminals, Inc. in Galveston County; Air Account No. GB-0119-Q; 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.
(Rebecca Johnson, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 13. |
Docket No. 2001-1431-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Lone Star Industries Incorporated in Nolan
County; Air Account No. ND-0014-S and Air Permit No. 7681; 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. (George Ortiz,
Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 14. |
Docket No. 2001-0952-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dan Hughitt dba Hughitt's
Sawmill in Hood County; Air Account No. HQ-0024-M; for air quality violations
pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7, and
the rules of the Texas Commission on Environmental Quality. (Tel Croston, Merrilee
Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 15. |
Docket No. 2002-0073-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Scott Hewitt dba Hewitt Broiler Farm in Upshur
County; Air Account No. UA-0181-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. (Elnora Moses, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 16. |
Docket No. 2002-0225-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of El Paso Energy Corporation
in Carson, Randall, and Moore Counties; Air Account Nos. CF-0034-D,
RB-0021-V, MR-0015-W; 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. (Sheila Smith, Merrilee Gerberding) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| |
INDUSTRIAL WASTE DISCHARGE GENERAL PERMIT |
|
| Item 17. |
Docket No. 2002-0968-IWD-E. Consideration of General Permit Number
TXG830000, which would authorize the discharge of petroleum-contaminated water.
The proposed permit would be more comprehensive than the existing federal NPDES
permit and would cover almost all discharges involving petroleum-contaminated water
where a permit or authorization is required, including discharges previously
authorized by Title 30 TAC Chapter 321, subchapter H (relating to Discharge to
Surface Waters From Treatment of Petroleum Fuel Contaminated Waters). The
Commission will also consider public comment and the Executive Director's Response
to Comments. (Christopher Brown, Casey Frizzell) |
|
| Adopt Executive Director's Revised Response to Comments and Issue Permit, RM/RH. All Agree |
| |
| |
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 18. |
Docket No. 2001-1551-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against SOS Liquid Waste Haulers, Ltd. Co. and South
Loop Land & Cattle, L.C. in Bexar County; Sludge Transporter No. 22085 and
Beneficial Reuse ID No. 710830; for water quality and municipal solid 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. (Malcolm A.
Ferris, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
MULTI-MEDIA ENFORCEMENT DEFAULT ORDER |
|
| Item 19. |
Docket No. 2001-1116-MLM-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Alfredo Saavedra in Terry
County; TCEQ ID No. TD-0121-T; for air quality and municipal solid waste
violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety
Code, the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code,
ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on
Environmental Quality. (Edward C. Wesley) |
|
| Issue Default Order, RM/RH. All Agree |
|
| |
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 20. |
Docket No. 2000-0353-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Eastex Waste Systems, Inc.
in Jefferson County; TCEQ ID No. 455100023; for municipal solid waste violations
pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety
Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on
Environmental Quality. (Ed Wesley) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER |
| |
| Item 21. |
Docket No. 2001-1031-MSW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Carla Bowden Young dba
C. Young's Tire Salvage in Lamar County; TCEQ MSW Tire Transporter ID No.
6200024; for municipal solid waste violations pursuant to the Tex. Solid Waste
Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code,
and the rules of the Texas Commission on Environmental Quality. (Edward C.
Wesley) |
|
| Issue Default Order, RM/KW. All Agree |
| |
| |
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 22. |
Docket No. 2002-0005-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Harris County Water Control and Improvement
District No. 21 in Harris County; Texas Pollution Discharge Elimination System
No. 10105-001; for water quality violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (David Van
Soest, Merrilee Gerberding) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 23. |
Docket No. 2000-1393-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Sinton in San
Patricio County; TPDES Permit No. 10055-001; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Sherry Smith, Merrilee Gerberding) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
PETROLEUM STORAGE TANK DEFAULT ORDERS |
|
| Item 24. |
Docket No. 2001-0379-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of KAD Investments Inc. in
Bexar County; TCEQ PST ID No. 59740; for petroleum storage tank violations
pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas
Commission on Environmental Quality. (Lisa Lemanczyk) |
|
| Issue default order, RM/RH. All Agree |
| |
| Item 25. |
Docket No. 2001-0698-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Sammy's Groceries, Inc.
dba Fisco Oil in Harris County; TCEQ PST ID No. 0038592; for petroleum storage
tank violations pursuant to ch. 382 of the Tex. Health & Safety Code, chs. 7 and 26 of
the Tex. Water Code, and the rules of the Texas Commission on Environmental
Quality. (Lisa Lemanczyk) |
|
| Issue default order, RM/RH. All Agree |
|
| Item 26. |
Docket No. 2001-1390-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Fuel Supply, Inc. dba
Shepherd Food Mart in Bexar County; TCEQ PST ID No. 69351; for petroleum
storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of
the Tex. Health & Safety Code, and the rules of the Texas Commission on
Environmental Quality. (Lisa Lemanczyk) |
|
| Issue default order, RM/RH. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
| |
| Item 27. |
Docket No. 2001-0800-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Abed Ammouri in Dallas
County; TCEQ PST ID No. 0055236; for petroleum storage tank violations pursuant
to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on
Environmental Quality. (Lisa Lemanczyk) |
|
| Reposted as Item No. 57 |
| |
| Item 28. |
Docket No. 2002-0027-PST-E. Consideration of an Agreed Order assessing
administrative penalties against ANF Corporation dba Texaco Popeyes in Collin
County; Petroleum Storage Tank Facility ID No. 0071722; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (A. Sunday Udoetok, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 29. |
Docket No. 2002-0157-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Dalton Oil, Inc. in Tarrant County; TCEQ ID No.
None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Michelle
Harris, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 30. |
Docket No. 2001-1582-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Adobe Fuels, L.L.C. in San Patricio County; TCEQ
ID No. None ; for petroleum storage tank violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (John
Schildwachter, Merrilee Gerberding) |
| |
| Issue agreed order, RM/RH. All Agree |
| |
| Item 31. |
Docket No. 2002-0341-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Small Business Loan Source, Inc. in Gonzales
County; Petroleum Storage Tank Facility ID No. 65420; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Sarah Slocum, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 32. |
Docket No. 2002-0063-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Shyona, Inc. dba PC Market and Grocery in
Jefferson County; Petroleum Storage Tank Facility ID No. 0067144; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (John Barry, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 33. |
Docket No. 2002-0384-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Schneider Distributing Co., Inc. in Tom Green
County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Gary Shipp, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 34. |
Docket No. 2001-1508-PST-E. Consideration of an Agreed Order assessing
administrative penalties against S E Asia, Inc. dba Shop N Go No. 2570 in Harris
County; Petroleum Storage Tank Facility ID No. 0035158; 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. (Catherine
Sherman, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 35. |
Docket No. 2002-0064-PST-E. Consideration of an Agreed Order assessing
administrative penalties against R R J & P, Inc. dba Stop N Drive in Jefferson
County; Petroleum Storage Tank Facility ID No. 0071406; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (John Barry, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
|
| Item 36. |
Docket No. 2001-1050-PST-E. Consideration of an Agreed Order assessing
administrative penalties against National Business Network, Inc. dba Gessner Road
Texaco in Harris County; Petroleum Storage Tank Facility ID No. 0018651; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Trina Grieco, Merrilee
Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 37. |
Docket No. 2001-1556-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mike D. Hill dba Mike's Country Store in Ector
County; Petroleum Storage Tank Facility ID No. 0065408; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Dan Landenberger, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 38. |
Docket No. 2001-1006-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Manuel B. Lopez dba Lopez
Stop-n-Go in Nueces County; Petroleum Storage Tank Facility ID No. 9417; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Audra Baumgartner,
Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 39. |
Docket No. 2001-1512-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lanar, Inc. dba Three
Corners Food Store in Tarrant County; Petroleum Storage Tank Facility ID No.
0045513; 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. (Alayne Furgurson, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 40. |
Docket No. 2001-1402-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Wanda Dean dba Kwick Stop in Johnson County;
Petroleum Storage Tank ID No. 0015927; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Jorge Ibarra, P.E., Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 41. |
Docket No. 2001-1581-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Garrett Place, Incorporated dba Pier 121 Marina
in Denton County; Petroleum Storage Tank Facility ID No. 0024943; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., Merrilee
Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 42. |
Docket No. 2002-0051-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Fuller Oil Company, Inc. in Hardin and Jefferson
Counties; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Laura Clark, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 43. |
Docket No. 2001-1038-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Brookshire Brothers, LTD dba Brookshire
Brothers #28 in San Augustine County; Petroleum Storage Tank Facility ID No.
0064732; for petroleum storage tank violations pursuant to Tex. Water Code chs.7 and
26 and the rules of the Texas Commission on Environmental Quality. (John Barry,
Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 44. |
Docket No. 2002-0158-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Aarey Colloney, Inc. in
Jefferson County; Petroleum Storage Tank Facility ID No. 0012295; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Susan Kelly, Merrilee Gerberding) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
MISCELLANEOUS ITEM |
|
| Item 45. |
Docket No. 2002-1103-MIS. Consideration of gifts and donations of $500.00 or
more in value given to the TCEQ, submitted for approval in accordance with Chapter
575 to the Government Code, concerning acceptance of gifts by certain state agencies.
[Elizabeth West] |
|
| Approve Resolution, RH/KW. All Agree |
|
|
USE DETERMINATION MATTER |
|
| Item 46. |
Docket No. 2002-1045-AIR-U. Consideration of Appeal of the Executive Director's
Negative Use Determination filed by AEP-Trent Wind Farm; in Nolan and Taylor
Counties; Application No. 01-5861. (Dan Joyner, Ron Hatlett) |
|
| Continued to October 10, 2002 |
|
| |
RULE MATTERS |
|
| Item 47. |
Docket No. 2002-0967-RUL. Consideration for publication of the following
proposed amended section of 30 TAC Chapter 5, Advisory Committees and Groups: |
|
|
Section 5.13, Meetings |
|
|
The proposed amendment to Chapter 5 would add an exception that allows a
committee or subcommittee to meet in closed session for the purpose of developing or
reviewing licensing examination questions or related materials. (Debra Barber,
Richard Craig) (Rule Log No. 2002-054-005-AD) |
|
| Approve publication, RH/KW. All Agree |
|
| Item 48. |
Docket No. 2002-0621-RUL. Consideration for adoption of the following
amendments to 30 TAC: Section 101.24, Inspection Fees; Section 101.27, Emissions
Fees; Section 116.141, Determination of Fees; Section 116.143, Payment of Fees;
Section 116.163, Prevention of Significant Deterioration Permit Fees; Section
116.313, Renewal Application Fees; Section 116.614, Standard Permit Fees; Section
116.750, Flexible Permit Fee; and Section 116.1050, Multiple Plant Permit
Application Fee; and new Section 106.50, Registration Fees for New Permits by Rule.
|
|
|
Sections 101.24, 101.27, 116.141, 116.143, 116.163, 116.313, 116.614, 116.750, and
106.50 will be submitted to the United States Environmental Protection Agency as
revisions to the state implementation plan. |
|
|
The adopted rules increase inspection fees, emissions fees, air permit, renewal, and
amendment fees. The adopted rules also assess a new fee on new permit by rule
registrations. These increases are necessary to provide sufficient funding to meet the
current appropriation levels for air program activities and to meet operational funding
requirements for the Title V programs of the commission. The proposed rules were
published for comment in the July 12, 2002 issue of the Texas Register (27 TexReg
6187). (Derek Chapin, Chris Hayden, Kerri Rowland, Debi Dyer) (Rule Log No.
2002-041-116-AI) |
|
| Adopt with changes as recommended, RM/RH. All Agree |
| |
| Item 49. |
Docket No. 2002-1104-RUL. Consideration for publication of, and hearing on, the
following proposed new and amended sections of 30 TAC Chapter 330, Municipal
Solid Waste: |
|
|
Amendment - Section 330.4 - Permit Required |
|
New - Section 330.75 - Animal Crematory Facility Design and Operational
Requirements for Permitting by Rule |
|
|
These proposed revisions to Chapter 330 clarify that municipal solid waste (MSW)
authorizations are not needed for pet cemeteries as defined in Section 330.4(aa). The
proposed revisions also specify the conditions under which animal crematories may
operate to qualify for an MSW permit by rule and provide the requirements for such
operations. The rulemaking does not affect the requirements for air permits for animal
crematories. (Joseph Thomas, Wayne Lee, Stephen Shepherd) (Rule Log No.
2002-048-330-WS) |
|
| Approve publication and hearing, RH/KW. All Agree |
| |
| Item 50. |
Docket No. 2002-0355-RUL. Consideration for adoption of the following new
sections of 30 TAC Chapter 113, Standards of Performance for Hazardous Air
Pollutants and for Designated Facilities and Pollutants in new Subchapter E,
Consolidated Federal Air Rules (CAR): Synthetic Organic Chemical Manufacturing
Industry (SOCMI): |
|
|
Sections 113.3000, 113.3020, 113.3030, 113.3040, 113.3050, and 113.3060. |
|
|
The new Subchapter E SOCMI-related sections concern United States Environmental
Protection Agency (EPA) requirements contained in 40 Code of Federal Regulations
(CFR) Part 65 - Consolidated Federal Air Rule (CAR). In promulgating the CAR
regulations, EPA consolidated major portions of several new source performance
standards and national emission standards for hazardous air pollutants applicable to
storage vessels, process vents, transfer operations, and equipment leaks within the
SOCMI. The proposed rules were published in the May 10, 2002 issue of the Texas
Register (27 TexReg 3937). (Keith Sheedy, Dan Joyner, Auburn Mitchell) (Rule Log
No. 2002-036b-113-AI) |
|
| Adopt new sections of 30 TAC Chapter 113, RM/RH. All Agree |
|
| Item 51. |
Docket No. 2002-0687-SIP. Consideration for the adoption of revisions to the state
implementation plan (SIP) concerning the attainment demonstration for the
Houston/Galveston (HGA) ozone nonattainment area. This SIP adoption contains a
revision to the speed limit reduction strategy and a clarification of the commission's
enforceable commitment regarding the voluntary mobile emissions reduction program
for the HGA ozone nonattainment area. (Kelly Keel, Alan Henderson) (Rule Log
Number 2002-046a-SIP-AI) |
|
| Adopt revisions, RM/RH. All Agree |
|
| |
EXECUTIVE SESSION |
|
| Item 52. |
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. |
|
| Commission met in Executive Session, no action taken. |
|
| Item 53. |
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. |
|
| Commission met in Executive Session, no action taken |
|
| Item 54. |
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. |
|
| Commission met in Executive Session, 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 DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT
(512) 239-3317 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 DOUG KITTS IN THE OFFICE
OF THE CHIEF CLERK AT (512) 239-3317 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. |