AGENDA

Thursday, January 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. 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 did not meet in Executive Session
Item 2. 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 did not meet in Executive Session
Item 3. 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 did not meet in Executive Session


AGENDA

Thursday, January 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

WATER RIGHTS
Item 1. Docket No. 2002-1090-WR. Consideration of cancellation of several water rights on the Middle and Lower Rio Grande River. The Executive Director filed a petition to cancel several water rights on the Middle and Lower Rio Grande River for nonuse of the water under Chapter 11 of the Texas Water Code, Subchapter E, and provided notice to those water right holders. The Commission will conduct a hearing and consider cancellation of those water rights belonging to persons who did not respond to the notice or whose notice was returned because an incorrect address on was file with the Commission. The Commission may cancel the water right, decide not to cancel the water right, or remand the cancellation to the State Office of Administrative Hearings. Willacy, Cameron, Hidalgo, Starr, Webb, and Zapata Counties. The following water rights are being considered for cancellation in the Lower Rio Grande and do not have correct addresses on file with the Commission:
Anthony Esposito, Account No. 053-00, Certificate of Adjudication No. (COA) No. 23-053, Cameron County;
George M. Nicholas, et ux., Account No. 122-000, COA No. 23-122, Cameron County;
Edith B. Puckett, Account No. 161-000, COA No. 23-161, Cameron County;
Ronald W. Armstrong, et ux., Account No. 174-000, COA No. 23-174, Cameron County;
Bob Stone, Account No. 239-005, COA No. 23-239, Cameron County;
Andrew Shumborski, Account No. 248-009, COA No. 23-248, Cameron County;
James R. Taylor, Account No. 248-010, COA No. 23-248, Cameron County;
Emilio Balli, Account No. 261-000, COA No. 23-261, Cameron County;
Teodora Torres, et al., Account No. 289-007, COA No. 23-289, Cameron County;
James Logan, et ux., Account No. 310-000, COA No. 23-310, Hidalgo County;
Clifford L. Klinck III, Account No. 310-001, COA No. 23-310, Hidalgo County;
Romeo B. Rendon, Account No. 421-009, COA No. 23-421, Hidalgo County;
Ubence Rodriguez, Account No. 421-011, COA No. 23-421, Hidalgo County;
Abel Anaya Jackson, Account No. 421-014, COA No. 23-421, Hidalgo County;
Roberto Castellano, et ux., Account No. 421-019, COA No. 23-421, Hidalgo County;
Jesus Acosta, Account No. 421-027, COA No. 23-421, Hidalgo County;
Eloy Garcia, Account No. 421-031, COA No. 23-421, Hidalgo County;
Oilfield Products & Service Co., Inc., Account No. 421-032, COA No. 23-421, Hildalgo County;
Francisco Rodriguez, Sr., Trustee, Account No. 421-033, COA No. 23-421, Hidalgo County;
Viola Rodriguez, Trustee, Account No. 421-034, COA No. 23-421, Hidalgo County;
Tierra Dorada, A General Partnership, Account No. 455-001, COA No. 455-001, Hidalgo County;
Jaime Ortega, et al., Account No. 455-004, COA No. 455-004, Hidalgo County;
Alexandro Valdez, et al., Account No. 455-009, COA No. 23-455, Hidalgo County;
Eluid Lopez, Account No. 455-012, COA No. 23-455, Hidalgo County;
Felipe Diaz, Account No. 455-013, COA No. 23-455, Hidalgo County;
Ruben Garza, et al., Account No. 455-018, COA No. 23-455, Hidalgo County;
Rafael Ortega, Account No. 455-019, COA No. 23-455, Hidalgo County;
David Castillo, et al., Account No. 455-023, COA No. 23-455, Hidalgo County;
Maria De Jesus Loera Flores, et al., Account No. 455-024, COA No. 23-455, Hidalgo County;
Luis Sosa,et al., Account No. 455-026, COA No. 23-455, Hidalgo County;
Sylvia Ramon, et al., Account No. 455-028, COA No. 23-455, Hidalgo County;
Fred De La Garza, Account No. 455-029, COA No. 23-455, Hidalgo County;
A&R Construction, Account No. 455-031, COA No. 23-455, Hidalgo County;
Gloria Jimenez, Account No. 455-034, COA No. 23-455, Hidalgo County;
Robert R. Shebal, Account No. 455-036, COA No. 23-455, Hidalgo County;
Irasema Alanis, Account No. 455-037, COA No. 23-455, Hidalgo County;
Gonzalo Guzman, et ux., Account No. 455-038, COA No. 23-455, Hidalgo County;
Lauro Garza, et ux., Account No. 455-039, COA No. 23-455, Hidalgo County;
Israel Flores, et al., Account No. 455-041, COA No. 23-455, Hidalgo County;
Jose Zapata, et ux., Account No. 596-000, COA No. 23-596, Hidalgo County;
Basilio Garza Estate, Account No. 650-000, COA No. 23-650, Starr County;
Eduardo Marines, Account No. 721-000, COA No. 23-721, Starr County;
Idolina Munoz Ramon, Account No. 757-000, COA No. 23-757, Starr County;
Desiderio Vera, et al., Account No. 794-000, COA No. 23-794, Starr County.
The following water rights holders in the Lower Rio Grande did not respond to the notice that was sent:
Alfonso Vega, Account No. 239-000, COA No. 23-239, Cameron County;
Ynocencio Vega, Jr., et ux., Account No. 239-006, COA No. 23-239, Cameron County;
Enrique De La Garza, Account No. 242-005, COA No. 23-242, Cameron County;
Hector Rey, et ux., Account No. 289-002, COA No. 23-289, Cameron County;
Higinia M. Torres, Account No. 289-006, COA No. 23-289, Cameron County;
Gailian Dean Bagley, Jr., et ux., Account No. 421-002, COA No. 23-421, Hidalgo County;
Jose Pulido, Sr., & Jose Roberto Pulido, Account No. 421-010, COA No. 23-421, Hidalgo County;
Ernesto G. Martinez, Account No. 421-012, COA No. 23-421, Hidalgo County;
Inocencio Quintana, et ux., Account No. 421-018, COA No. 23-421, Hidalgo County;
Samuel Garcia, Account No. 421-021, COA No. 23-421, Hidalgo County;
Noelia Solis (Santa Cruz Ranch), Account No. 421-036, COA No. 23-421, Hidalgo County;
Homer Scott, Account No. 455-003, COA No. 23-455, Hidalgo County;
Juana Moreno, Account No. 455-010, COA No. 23-455, Hidalgo County;
Sabino T. Soto, Jr., Account No. 455-020, COA No. 23-455, Hidalgo County;
Consuelo Tamez, Account No. 455-022, COA No. 23-455, Hidalgo County;
Juan M. Medina, et al., Account No. 455-030, COA No. 23-455, Hidalgo County;
Irasema Alanis, Account No. 455-037, COA No. 23-455, Hidalgo County;
Lleana E. Pena, et al., (Attn H. Joseph Bourn), Account No. 546-000, COA No. 23-546, Hidalgo County;
Ella G. Wood (Attn Conan T. Wood Jr.), Account No. 587-000, COA No. 23-587, Hidalgo County;
Augustine Zamora, Account No. 590-000, COA No. 23-590, Hidalgo County;
Severiano G. Garza (c/o Rolando Garza), Account No. 647-001, COA No. 23-647, Starr County;
Zaragoza Garcia, et al., Account No. 649-000, COA No. 23-649, Starr County;
Adalberto Hinojosa, Account No. 692-000, COA No. 23-692, Starr County;
Conrado Rodriguez, Account No. 763-000, COA No. 23-763, Starr County.
The following water rights holders on the Middle Rio Grande do not have an accurate address on file with the Commission:
Monte E. McDaniel, Account No. 2435-017, COA No. 23-2435, no county specified;
Anzon, Inc., Account No. 2733-000, COA No. 23-2733, no county specified.
The following water right holders on the Middle Rio Grande did not respond to notice:
M/M Paris A. Mims, Account No. 2427-000, COA No. 23-2427, no county specified;
Joseph E. Mills, et ux.(Curtis G. Payne), Account No. 2435-004, COA No. 23-2435, Zapata County;
Theodore C. Miller, et ux., Account No. 2435-005, COA No. 23-2435, Zapata County;
Raul R. Esparza, Account No. 2435-013, COA No. 23-2435, no county specified;
Romeo R. Ramirez, Account No. 2435-018, COA No. 23-2435, no county specified;
Dan August Richter, Account No. 2435-019, COA No. 23-2435, no county specified;
Julio Perez Estate (Aurelia G. Perez), Account No. 2737-000, COA No. 23-2737, Webb County. (Carlos Rubinstein, Robin Smith, Kathy Brown)
Approve the above described water rights for cancellation except, the following water right holders who has requested a 30 day continuance, (1) Emilio Balli, (2) Clifford L. Klinck, (3) Ella G. Wood, and the following individual is deleted from the order Jose Pulido, Sr., & Jose Roberto Pulido, RH/RM. All Agree
AGRICULTURAL ENFORCEMENT DEFAULT ORDER
Item 2. Docket No. 2001-0353-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Daniel C. Loper dba Rio Leche Dairy #1 and dba Rio Leche Dairy #2 in Erath County; TCEQ ID Nos. 01699-000 and WQ0003089-000; for dairy operation water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, Elvia Maske)
Issue default order, RM/RH. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2002-0678-AIR-E. Consideration of an Agreed Order assessing administrative penalties against 2001-Zee Manufacturing Company, Inc. in Bexar County; Air Account No. BG-0539-U; 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. (Malcolm A. Ferris, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 4. Docket No. 2002-0127-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron Phillips Chemical Company LP in Brazoria County; Air Account No. BL-0758-C; 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. (Catherine Albrecht, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 5. Docket No. 2002-0143-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Try Transportation, Incorporated in El Paso County; Air Account No. EE-1692-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. (Sheila Smith, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2002-0775-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Texas Municipal Power Agency in Grimes County; Air Account No. GK-0012-K; 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. (Salal Tahiri, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2002-0792-AIR-E. Consideration of an Agreed Order assessing administrative penalties against RME Petroleum Company in Panola County; Air Account No. PB-0003-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. (Carolyn Lind, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 8. Docket No. 2001-0575-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marathon Ashland Petroleum, LLC in Galveston County; TCEQ Air Account No. GB-0055-R; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Lisa Uselton Dyar, Elvia Maske)
Continued to February 5, 2003
Item 9. Docket No. 2002-0380-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Upper Valley Materials, Ltd. dba Tabasco Rock Crushing Plant in Hidalgo County; TCEQ Air Account No. HN-0258-S; 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. (Jaime Garza, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 10. Docket No. 2002-0247-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E. I. Du Pont De Nemours and Company in Victoria County; Air Account No. VC-0008-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, Elvia Maske)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 11. Docket No. 2002-0524-IWD-E. Consideration of an Agreed Order assessing administrative penalties against BP Products North America, Inc. in Galveston County; Texas Pollutant Discharge Elimination System Permit No. 00443-003A; 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, Elvia Maske)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 12. Docket No. 2001-1396-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Texas Municipal Water District dba McKinney Landfill and Maxwell Creek Landfill in Collin County; Municipal Solid Waste Permit Nos. 568A and 44A; for 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. (John Mead, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 13. Docket No. 2002-0229-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Jerry W. Waller dba Jerry Waller Tire Service in Dallas County; Scrap Tire Transporter Registration No. 26486; 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. (John Mead, Elvia Maske)
Issue agreed order, RM/RH. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 14. Docket No. 2002-0425-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hale Center in Hale County; Water Quality Permit No. 10030-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Gary Shipp, Elvia Maske)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 15. Docket No. 2002-0056-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ali Al-Fattah Enterprises, LLC dba Baytown Quick Mart in Harris County; Petroleum Storage Tank Facility ID No. 0040551; 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. (Rebecca A. Johnson, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 16. Docket No. 2002-0514-PST-E. Consideration of an Agreed Order assessing administrative penalties against Exxon Mobil Corporation in Galveston County; Petroleum Storage Tank Facility ID No. 0066438; 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. (A. Sunday Udoetok, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 17. Docket No. 2002-0161-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mauritz and Couey Transportation, L.L.C. and Mauritz and Couey Transportation, L.L.C. dba Weavers #2 in Calhoun and Jackson Counties; Petroleum Storage Tank ID No. 27212; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 18. Docket No. 2002-0253-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sunny Phung and Johanna Phe dba Sunny's Texaco and Insik Kim in Nueces County; Petroleum Storage Tank Facility ID No. 55071; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 19. Docket No. 2002-0375-PST-E. Consideration of an Agreed Order assessing administrative penalties against Clements Oil Corporation in Harrison 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. (Carolyn V. Lind, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 2002-0696-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ackerly Oil Company, Inc. dba Trio-Fuels in Dawson 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. (Dan Landenberger, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2002-0054-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Yun-Won Kim dba Won Stop in Young County; Petroleum Storage Tank Facility ID No. 0046718; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (George Ortiz, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2002-0643-PST-E. Consideration of an Agreed Order assessing administrative penalties against Curtis Neyland, Jr. dba Wallace Tire & Battery in Leon County; Petroleum Storage Tank Facility ID No. 71339; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Gilbert Angelle, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2002-0111-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Travel Mart, Inc. in San Patricio County; Petroleum Storage Tank Facility No. 0010748; 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, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2001-1361-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rohail Enterprises, Inc. dba Speedy Stop in Fort Bend County; Petroleum Storage Tank Facility ID No. 0035389; for petroleum storage tank violations pursuant to Tex. Water Code ch. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Sherman, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2001-1570-PST-E. Consideration of an Agreed Order assessing administrative penalties against DCTD, Inc. in Tom Green County; Petroleum Storage Tank Facility ID No. 6933; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Mark Newman, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 2002-0461-PST-E. Consideration of an Agreed Order assessing administrative penalties against Oldmoc, Inc. (formerly Moffitt Oil Company) in Brazoria and Harris 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. (Trina Grieco, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 27. Docket No. 2002-0480-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Las Palmas Del Sol Regional Healthcare Systems, Ltd. in El Paso County; Petroleum Storage Tank Facility ID No. 0003731; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Terry McMillan, Elvia Maske)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 2002-0021-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Heritage Financial Group, Inc. dba Big Oak Limited in Harrison County; Public Water Supply No. 1020061; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Gilbert Angelle, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 29. Docket No. 2001-1474-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Radiance Water Supply Corporation in Hays County; Public Water Supply No. 1050075 and Certificate of Convenience and Necessity No. 12413; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Michael Meyer, Elvia Maske)
Remanded to Executive Director
Item 30. Docket No. 2002-0636-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Debbie Block and Melvin Block dba Community Water Systems in Orange County; Public Water Supply Nos. 1810083 and 1810018, Certificate of Convenience and Necessity No. 11438; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 31. Docket No. 2001-1520-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Manchaca Volunteer Fire Department in Travis County; Public Water Supply No. 2270216; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire, Elvia Maske)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDERS
Item 32. Docket No. 2000-0805-PWS-E. Consideration of a Default Order assessing administrative penalties against Mark Locke dba Dayton Creek Water System in Liberty County; TCEQ PWS No. 1460141; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, Elvia Maske)
Issue default order, RM/RH. All Agree
Item 33. Docket No. 2000-0970-PWS-E. Consideration of a Default Order assessing administrative penalties against Mark Locke, Individually, and Champion Water Services, Inc., in Liberty County; PWS ID No. 1460102; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code, and the rules of the Texas Commission on Environmental Quality. (James P. Biggins, Elvia Maske)
Issue default order, RM/RH. All Agree
PUBLIC WATER SUPPLY EMERGENCY ORDER
Item 34. Docket No. 1998-0200-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 12, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501, 5.507, and 13.4132, and 30 Tex. Admin. Code Sections 35.201 and 291.143(a) to address the abandonment of a retail public utility (Utility) by W. Oak Phoenix, Corp., located 1.4 miles west of Highway 986 on County Road 2320, Dallas, in Hunt County, to ensure continued operation of the Utility, and to provide continuous and adequate service to customers. The Emergency Order appointed George Oberdorf as temporary manager of the Utility. (Laurencia Fasoyiro, Elvia Maske)
Remanded to Executive Director
RULE MATTERS
Item 35. Docket No. 2002-1030-RUL. Consideration for adoption of amendments to 30 TAC Chapter 37, Financial Assurance, Subchapter B, Financial Assurance Requirements for Closure, Post-Closure, and Corrective Action; Subchapter C, Financial Assurance Mechanisms for Closure, Post Closure, and Corrective Action; Subchapter D, Wording of the Mechanisms for Closure, Post Closure, and Corrective Action; Subchapter F, Financial Assurance Mechanisms for Liability; Subchapter G, Wording of the Mechanisms for Liability; Subchapter I, Financial Assurance for Petroleum Underground Storage Tank Systems; Subchapter K, Financial Assurance Requirements for Class A or B Petroleum-Substance Contaminated Soil Storage, Treatment, and Reuse Facilities; Subchapter L, Financial Assurance for Used Oil Recycling; Subchapter M, Financial Assurance Requirements for Scrap Tire Sites; Subchapter O, Financial Assurance for Public Drinking Water Systems and Utilities; Subchapter Q, Financial Assurance for Underground Injection Control Wells; Subchapter R, Financial Assurance for Municipal Solid Waste Facilities; and Subchapter U, Financial Assurance for Medical Waste Transporters.
The adopted amendments to Chapter 37 were determined to be necessary by agency staff during the quadrennial review of this chapter (Rule Log Number 2002-016-037-AD). The revisions correct typographical errors, clarify current requirements, change the commission's name, and incorporate exemptions for Class A or B petroleum-substance contaminated soil storage, treatment, and reuse facilities, scrap tire sites, and used oil recycling facilities. The proposal was published in the October 25, 2002 issue of the Texas Register. (27 TexReg 9932) (John Racanelli, Jason Haas, Debi Dyer) (Rule Log No. 2002-055-037-AD)
Adopt amendments to 30 TAC Chapter 37, RH/KW. All agree
Item 36. Docket No. 2002-1375-RUL. Consideration for publication of, and hearings on, proposed amendments to Chapter 114, Control of Air Pollution from Motor Vehicles, Sections 114.21, Exemptions; 114.260, Transportation Conformity; and 114.452, Control Requirements; and corresponding revisions to the state implementation plan. The proposed rulemaking would: consolidate requirements for motor vehicle dealers and establish a retention period for certain records in Section 114.21; incorporate by reference amendments to federal regulations on transportation conformity in Section 114.260; and delay the deadline for lawn and garden equipment operators in the Houston/Galveston ozone nonattainment area to file emission reduction plans in Section 114.452. (Morris Brown, Margie McAllister, Roland Castaneda, Kerri Rowland, Joseph Thomas) (Rule Log No. 2003-008-114-AI)
Approve publication of, and hearing on, amendments to Chapter 114 and corresponding revisions to the State Implementation Plan, RM/KW. All Agree
Item 37. Docket No. 2002-1161-RUL. Consideration of the adoption of amended Sections 230.1 - 230.4, and 230.11 of 30 TAC Chapter 230, Groundwater Availability Certification for Platting. The adoption would address the requirements of Senate Bill 405, 77th Texas Legislature, 2001, by amending Chapter 230 to allow a geoscientist licensed to practice in Texas the ability to prepare a certification that adequate groundwater is available for a proposed subdivision if required as part of a plat application to a municipal authority or a commissioners court for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land. The proposed rules were published in the November 8, 2002 issue of the Texas Register. (27 TexReg 10568). (Michael Bame, Mary Ambrose, Jason Haas) (Rule Log No. 2001-051-230-AD)
Adopt amendments to 230.1 - 230.4 and 230.11 of TAC Chapter 230, RH/RM. All Agree
EXECUTIVE SESSION
Item 38. 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 to be taken
Item 39. 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 to be taken
Item 40. 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 to be 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.


ADDENDUM TO AGENDA

Thursday, January 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 41. Docket No. 2002-1389-MWD. Request for an Order Authorizing Commencement of Construction by City of Cleveland in Liberty County, Permit No. 10766-002. The City of Cleveland requests an Order authorizing it to commence construction of a proposed 3.4 million gallon equalization pond at its existing wastewater treatment facility under Chapter 26 of the Texas Water Code before the issuance of its permit in order to avoid possible shutdown of the treatment facility and the threat of illegal discharges; such an order would allow the applicant to construct the wastewater treatment facility before Commission consideration of its application for a wastewater discharge permit but would not authorize operation of the new construction. (Christopher Brown and Kent Trede).
Remanded to Executive Director


AGENDA

Thursday, January 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

1:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. TCEQ Docket No. 2002-0091-AIR; SOAH Docket No. 582-02-2671. Consideration of the Administrative Law Judge's Proposal for Decision and order regarding the application of Ennis Tractebel II, L.P. for Air Quality Permit Nos. 46665 and PST-TX-1003, pursuant to the rules of the Texas Commission on Environmental Quality. The permit, if issued, will authorize the construction and operation of a combined cycle electric power generation plant, the Ennis II Power Project, in Ennis, Ellis County, Texas. The Commission will also consider timely public comments and the Executive Director's Response to such comments; the permit application; and related filings, exceptions and replies.
Adopt the order and attached permit as revised and recommended by the ALJ in her January 7, 2003 letter with the following changes: 1) Add Conclusion of Law #5 and modify Ordering Provision # 1 to reflect the adoption of the Executive Director's Response to Comments and the decision to adopt the revised order and attached permit (Exhibit A) as the Commission's single decision on the permit application in accordance with 30 Texas Administrative Code Section 50.117; 2) Amend Conclusion of Law #4 to refer to the proposed "permit" and not to proposed "permits"; and 3) amend Ordering Provision #3 to refer to the "attached" permit and not to the "revised" permit. RH/RM. All Agree