AGENDA

Wednesday, June 18, 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


OLD BUSINESS AGENDA

Wednesday, June 18, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agenda of May 29, 2003.
Item 1. Docket No. 2003-0266-RUL. Consideration for publication of and hearing on, the following proposed amended sections of 30 TAC Chapter 106, Permits by Rule.
Section 106.147 Asphalt Concrete Plants
Section 106.261 Facilities (Emission Limitations)
Section 106.262 Facilities (Emission and Distance Limitations) (Previously SE 118)
The proposed amendments to Section 106.147 would state that upon the effective date of a standard permit for hot mix asphalt plants, registrations under that section would no longer be accepted. The proposed amendments to Section 106.261 and Section 106.262 would prohibit the use of these permits to authorize construction of a facility that may be authorized and constructed under a standard permit in effect or to authorize a change to a facility authorized under a standard permit with certain exceptions. (Beecher Cameron, John Minter, Debra Barber) (Rule Log No. 2002-057-106-AI)
Re-posted as Item 58.


AGENDA

Wednesday, June 18, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUESTS
Item 1. Docket No. 2003-0404-AIR. Consideration of application by Cemex Construction Materials, Inc. for the amendment of Air Quality Permit No. 20618 to authorize the addition of a secondary crusher and screen to the Balcones Quarry Facility. The facility is located at 2682 Wald Road, in New Braunfels, Comal 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. (Josh Reddoch/Rebecca Davis)
Deny hearing request, grant amendment to permit, and adopt the Executive Directors Response to Public Comments with changes to Response 1 and Response 3, RM/KW. All Agree
Item 2. Docket No. 2003-0367-AIR. Consideration of application by Odeeco, Inc. for a new Air Quality Standard Permit No. 51617, to register an existing concrete batch plant and authorize the re-starting of the existing facility. The concrete batch plant is located at 2818 Wagon Trail, Pearland, Brazoria County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Helga Chatelle/Garrett Arthur).
Deny hearing request, grant the issuance of the permit, and adopt the Executive Directors Response to Comments, RM/RH. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2002-1391-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Klaas Talsma dba Talsma Dairy in Erath County; Texas Pollutant Discharge Elimination System Permit No. 03145; 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)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2001-0059-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kirk O'Keefe dba O'Keefe Cutting Horses in Parker County; TCEQ ID No. None; for confined animal feeding operation water quality violations pursuant to Tex. Water Code chs.7 and 26 and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2002-1083-AIR-E. Consideration of an Agreed Order assessing administrative penalties against APAC-Texas, Inc. in Tarrant County; Air Account No. TA-1259-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Stacey Young, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-0719-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, LP in Hansford County; Air Account No. HD-0055-B; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Gloria Stanford, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-1200-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Utex Industries, Inc. in Colorado County; Air Account No. CR-0025-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Gilbert Angelle, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-1043-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J. Cleo Thompson & James Cleo Thompson, Jr., L.P. in Crockett County; Air Account No. CZ-0035-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, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-1071-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Linn Materials, LLC in Hidalgo County; Regulated Entity ID No. RN102546249; 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, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2001-0852-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Valero Refining-Texas, L.P. in Harris County; Air Account No. HG-0130-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. (Trina Grieco, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2002-0290-AIR-E. Consideration of an Agreed Order assessing administrative penalties against CITGO Refining & Chemicals Company, L.P. in Nueces County; TCEQ Permit Nos. 2704A and 2703A, Air Account No. NE-0027-V, for air 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. (David Speaker, Sunday Udoetok)
Remand to Executive Director
Item 12. Docket No. 2001-1044-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ExxonMobil Oil Corporation dba Mobil Chemical Company in Jefferson County; TCEQ Air Account No. JE-0062-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. (Lisa Uselton Dyar, A. Sunday Udoetok)
Remanded to Executive Director, RH/RM. All Agree
Item 13. Docket No. 2002-1234-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Williams Terminals Holdings, L. P. in Nueces County; Air Account Number NE-0003-M; 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. (Audra Baumgartner, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
AIR ENFORCEMENT DEFAULT ORDERS
Item 14. Docket No. 2001-0405-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Top Cut Tree Service, Inc. in Montgomery County; TCEQ ID No. MQ-0308-P; for municipal solid waste and air quality violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav, Sunday Odoetok)
Remanded to Executive Director, RH/RM. All Agree
Item 15. Docket No. 2000-1087-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Natural Mining International, Inc. in Brewster County; TCEQ Air Account No. BN-0025-H; for air violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash Petty, Sunday Udoetok)
Issue Default Order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2002-0690-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of National-Oilwell, L.P. in Gray County; TCEQ Industrial and Hazardous Waste Registration No. 31974; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT DEFAULT ORDER
Item 17. Docket No. 2001-1442-IHW-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Waggon-Cellers, South America, LLC in Randall County; TCEQ IHW Registration No. 85263; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code, ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Sunday Udoetok)
Issue default order, RH/RM. All Agree
LICENSED IRRIGATORS ENFORCEMENT AGREED ORDER
Item 18. Docket No. 2002-0669-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronald Wise dba Wise Landscape in Grimes County; TCEQ ID No. None; for landscape irrigator installer violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Admin. Code ch. 60. (Benjamin Joseph de Leon, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA MATTER ENFORCEMENT DEFAULT ORDER
Item 19. Docket No. 2000-1437-MLM-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of DJ Contractors, Inc. in El Paso County; TCEQ ID No.: NONE; for solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code chs. 361 and 371, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Sunday Udoetok)
Issue default order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2002-0812-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Recovery Technologies Group of Texas, Inc. in Harris County; Municipal Solid Waste Registration No. 6044095; 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. (Catherine Albrecht, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2000-1417-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Jeff Walker Jr. dba Walker Brothers Construction Co. in Newton County; TCEQ ID No. 455100030; for municipal solid waste and air violations pursuant to the Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Sunday Udoetok)
Remanded to Executive Director
Item 22. Docket No. 2001-1465-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Davis Young dba Young Auto Service in Parker County; TCEQ MSW ID No. None; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code chs. 361 and 371, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 23. Docket No. 2000-0440-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Enviro Save Oil Recovery Company of America in McLennan County; TCEQ ID No. A85645; 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. (Gitanjali Yadav, Sunday Udoetok)
Issue default order with changes, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 24. Docket No. 2002-0395-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Town of Little Elm in Denton County; Texas Pollutant Discharge Elimination System Permit No. 11600-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Bill Davis, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT DEFAULT ORDER
Item 25. Docket No. 1996-1160-OSI-E. Consideration of a Default Order assessing administrative penalties against Preston Allen in Tarrant County; TCEQ ID No. 4060; for on-site sewage installer violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Sunday Udoetok)
Re-posted as item #59
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 26. Docket No. 2002-1150-PST-E. Consideration of an Agreed Order assessing administrative penalties against Andrews Transport, Incorporated in Tarrant County; TCEQ ID No. None and RN No. 102042579; 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. (Jorge Ibarra, P.E., Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2001-0004-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Mohammad N. Qureshi dba HAH Gas Mart in Galveston County; Petroleum Storage Tank Facility ID No. 40144; 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. (Bill Davis, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2002-0818-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rinkle Grocery & Hardware, Inc. in Shelby County; Petroleum Storage Tank Facility No. 0012693; 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, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0513-PST-E. Consideration of an Agreed Order assessing administrative penalties against Petro-Chemical Transport Inc. in Dallas County; TCEQ PST 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. (Alfred Okpohworho, Sunday Udoetok)
Remanded to Executive Director
Item 30. Docket No. 2002-1178-PST-E. Consideration of an Agreed Order assessing administrative penalties against WHMC, Inc. dba West Houston Medical Center in Harris County; Petroleum Storage Tank Facility ID No. 0041596; 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. (Catherine Sherman, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2002-0850-PST-E. Consideration of an Agreed Order assessing administrative penalties against Signal Fuels Co. in Potter and Gray Counties; Petroleum Storage Facility ID Nos. 27190, 5860, and 5861; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Michael Meyer, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 2002-0172-PST-E. Consideration of an Agreed Order assessing administrative penalties against SZS Enterprises, Inc. dba Korner Food Mart in Navarro County; Petroleum Storage Tank Facility ID No. 27519; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandy VanCleave, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-1486-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lytle Quik-Stop Corp. dba Lytle Fast Stop and Terry Giannas dba Lytle Quik-Stop in Atascosa County; Petroleum Storage Tank Facility ID No. 0072533; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Todd Huddleson, Sunday Udoetok)
Remanded to the ED
Item 34. Docket No. 2001-1360-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tri-County Petroleum, Inc. in Waller 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. (Gitanjali Yadav, A. Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 35. Docket No. 2001-0380-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Shive Hari Inc., dba Texas Food Store in Tarrant County; TCEQ PST ID No. 0070037; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 36. Docket No. 2001-0020-PST-E. Consideration of a Default Order assessing administrative penalties against USA Express Inc. in Harris County; TCEQ PST Facility ID Nos. 0035164, 0005488, 0035329, and 0046112; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, Tex Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, A. Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 37. Docket No. 2001-0019-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Star Tex Distributors, Inc. in Harris County; TCEQ PST Facility ID No. 0042777; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, A. Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 38. Docket No. 2001-0629-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Star Tex Distributors, Inc. in Galveston County; TCEQ PST Facility ID No. 33625; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, Tex Health and Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, A. Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 39. Docket No. 2001-1061-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Steve Parks dba Steve's Country Store in Edwards County; TCEQ PST ID No. 10762; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kelly W. Mego, Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 40. Docket No. 2002-0743-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bill's Welding & Roustabout, Inc. in Garza County; TCEQ PST Facility ID No. 61088; 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. (Laurencia Fasoyiro, A. Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 41. Docket No. 2001-0850-PST-E. Consideration of a Default Order assessing administrative penalties against Saheem Enterprises Inc. dba Corner Food Mart in Bexar County; TCEQ PST ID No. 71755; for petroleum storage tank violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 42. Docket No. 2002-0843-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Leland Duncan dba Duncan's Full Service in Lubbock County; TCEQ ID No. 27008; for petroleum storage tank violations pursuant to ch. 26 of the Texas Water Code and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Robin Chapman, Lisa Uselton Dyar)
Issue default order, RH/RM. All Agree
Item 43. Docket No. 2002-0128-PST-E. Consideration of a Default Order assessing administrative penalties against MMN Incorporated dba Country Bear Mobil in Tarrant County; TCEQ PST ID No. 0072177; 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. (Troy D. Nelson, Sunday Odoetok)
Issue default order, RH/RM. All Agree
Item 44. Docket No. 2002-0072-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Al-Hayat, Inc. dba Honey Stop #1 in Walker County; TCEQ PST Facility ID No. 29412; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, A. Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 45. Docket No. 2001-0848-PST-E. Consideration of a Default Order assessing administrative penalties against Kaif Kalolwala dba RAJ Transport Company in Harris 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. (Alfred Okpohworho, Sunday Udoetok)
Issue default order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 46. Docket No. 2002-1066-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of An Hung Enterprises, Inc. dba E & J Super Food Mart in Harris County; Public Water Supply No. 1012657; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kimberly McGuire, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
Item 47. Docket No. 2001-0149-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clarence Reeves dba Pleasant Ridge Addition and Timber Creek Addition in Cooke County; Public Water Supply Nos. 0490041 and 0490030; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Cheryl Thompson, Sunday Udoetok)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDERS
Item 48. Docket No. 2002-1403-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Patrick Asogwa in Hildalgo County; TCEQ ID No. 17902; and TCEQ Surface Water License No. 043-64-3484 for public drinking water operator violations pursuant to Tex. Water Code chs. 7 and 37 and the rules of the Texas Commission on Environmental Quality. (James Biggins, Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 49. Docket No. 2001-0489-PWS-E. Consideration of a Default Order assessing administrative penalties against Intercontinental Water Supply Corporation in Harris County; TCEQ PWS ID No. 1010827; CCN No. 12531; for public water utility violations pursuant to the Texas Water Code ch. 13 and the rules of the Texas Commission on Environmental Quality.(James Biggins, Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 50. Docket No. 2001-0636-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Dale Madrigal, Individually, and Iowa Water Supply Corporation in Bee County; TCEQ Public Water Supply ID No. 0130060; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (James Biggins, Sunday Udoetok)
Issue default order, RH/RM. All Agree
Item 51. Docket No. 2000-0830-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Dorothy A. Essex dba Oak Hill Acres Mobile Home Subdivision in Bexar County; TCEQ PWS ID No. 0150156; for public drinking water violations pursuant to Tex. Water Code chs. 5 and 13, Tex. Health & Safety Code ch. 341, and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Lisa Uselton Dyar)
Issue default order, RH/RM. All Agree
MISCELLANEOUS AGENDA ITEM
Item 52. Docket No. 2003-0553-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 staff recommendations as reflected in the adopted Resolution including Exhibit A, which contains the names of the donors and descriptions and statements of the purposes of the gifts and which is attached to and incorporated in these minutes, RM/RH. All Agree
RULE MATTERS
Item 53. Docket No. 2002-0955-RUL. Consideration for adoption of amended and new sections of 30 TAC Chapter 113, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants which incorporate by reference United States Environmental Protection Agency rules concerning national emission standards for hazardous air pollutants for source categories in implementation of the 1990 Amendments to the Federal Clean Air Act. These technology-based standards are commonly referred to as the maximum achievable control technology (MACT) standards. The rulemaking will add 18 new MACT standards, and update 34 MACT standards previously adopted by the commission by updating the federal promulgation dates cited in the commission rules.
The 18 new federal MACT standards include Polyvinyl Chloride and Copolymers Production; Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand Alone Semichemical Pulp Mills; Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations; Primary Copper Smelting; Secondary Aluminum Production; Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units; Municipal Solid Waste Landfills; Manufacturing of Nutritional Yeast; Solvent Extraction for Vegetable Oil Production; Wet-Formed Fiberglass Mat Production; Paper and Other Web Coating; Surface Coating of Large Appliances; Surface Coating of Metal Coil; Leather Finishing Operations; Cellulose Products Manufacturing; Boat Manufacturing; Rubber Tire Manufacturing; and Friction Materials Manufacturing Facilities.
The 34 MACT standards being amended in this rulemaking include Synthetic Organic Chemical Manufacturing Industry; Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; Organic Hazardous Air Pollutants for Equipment Leaks; Coke Oven Batteries; Ethylene Oxide Emissions Standards for Sterilization Facilities; Pulp and Paper Industry; Halogenated Solvent Cleaning; Group I Polymers and Resins; Epoxy Resins Production and Non-Nylon Polyamides Production; Phosphoric Acid Manufacturing Plants; Phosphate Fertilizers Production Plants; Petroleum Refineries; Off-Site Waste and Recovery Operations; Aerospace Manufacturing and Rework Facilities; Oil and Natural Gas Production Facilities; Shipbuilding and Ship Repair (Surface Coating); Containers; Individual Drain Systems; Closed Vent Systems, Control Devices, Recovery Devices, and Routing to a Fuel Gas System or a Process; Equipment Leaks - Control Level 1; Equipment Leaks - Control Level 2; Oil Water Separators and Organic-Water Separators; Storage Vessels (Tanks) - Control Level 2; Generic Maximum Achievable Control Technology Standards; Hazardous Waste Combustors; Pharmaceuticals Production; Natural Gas Transmission and Storage Facilities; Group IV Polymers and Resins; Portland Cement Manufacturing Industry; Pesticide Active Ingredient Production; Manufacture of Amino/Phenolic Resins; Polyether Polyols Production; Publicly Owned Treatment Works; and Ferroalloys Production: Ferromanganese and Silicomanganese. The proposed text was published in the April 4, 2003 issue of the Texas Register (28 TexReg 2891). (Keith Sheedy, Steve Hagle, Dan Joyner, Alan Henderson) (Rule Log No. 2002-036a-113-AI)
Approve adoptions of amended and new sections of 30 TAC Chapter 113, RM/KW. All Agree
Item 54. Docket No. 2003-0632-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 101, General Air Quality Rules; Subchapter F, Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities; Division 3, Operational Requirements, Demonstrations, and Actions Required to Reduce Excessive Emissions; Sections 101.221 - 101.223; and corresponding revisions to the Texas state implementation plan.
The proposed rulemaking would improve consistency with United States Environmental Protection Agency policy regarding excess emissions during maintenance, startup, and shutdown activities, and malfunction events. (Brad Toups, Janis Hudson, Alan Henderson) (Rule Log Number 2003-038-101-AI)
Reposted as Item No. 60
EXECUTIVE SESSION
Item 55. 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 56. 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 57. 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
(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

Wednesday, June 18, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 58. Docket No. 2003-0266-RUL. Consideration for publication of, and hearing on, the following proposed amended sections of 30 TAC Chapter 106, Permits by Rule.
Section 106.147 Asphalt Concrete Plants
Section 106.261 Facilities (Emission Limitations)
Section 106.262 Facilities (Emission and Distance Limitations) (Previously SE 118)
The proposed amendments to Section 106.147 would state that upon the effective date of a standard permit for hot mix asphalt plants, registrations under that section would no longer be accepted. The proposed amendments to Section 106.261 and Section 106.262 would incorporate into rule the current agency practice of prohibiting the use of Section 106.261 and Section 106.262, with certain exceptions for changes in chemicals, for construction of or changes to facilities for which a standard permit is in effect. (Beecher Cameron, John Minter, Debra Barber) (Rule Log No. 2002-057-106-AI)
Approve publication of and hearing on 30 TAC Chapter 106, Permits by Rule, RH/RM. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, June 18, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 59. TCEQ Docket No. 1996-1160-OSI-E. Consideration of a Default Order assessing administrative penalties against Preston Allen in Tarrant and Johnson Counties; TCEQ ID No. 4060; for on-site sewage installer violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Sunday Udoetok)
Remanded to Executive Director


THIRD ADDENDUM TO AGENDA

Wednesday, June 18, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 60. Docket No. 2003-0632-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 101, General Air Quality Rules; Subchapter F, Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities; Division 3, Operational Requirements, Demonstrations, and Actions to Reduce Excessive Emissions; Sections 101.221 - 101.223; and corresponding revisions to the Texas state implementation plan.
The proposed rulemaking would improve consistency with United States Environmental Protection Agency policy regarding excess emissions during maintenance, startup, and shutdown activities, and malfunction events. (Brad Toups, Janis Hudson, Alan Henderson) (Rule Log Number 2003-038-101-AI)
Continued to July 9, 2003


AGENDA

Wednesday, June 18, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ 2001-0359-PWS-E; SOAH Docket No. 582-02-3915. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding an enforcement action alleging that Marvin Roger Boyd, individually, and Rocket Water Company, Inc., dba Blanco River Ranch Water System and dba Oak Forest Water System (Respondents), violated Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and 30 Tex. Admin. Code chs. 70, 288, 290, and 291. This facility is located in Hays County, Texas.
Remanded to the ED
Item 2. TCEQ Docket No. 2002-1115-UCR; SOAH Docket No. 582-03-0674. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the City of Elgin's Petition to Cancel Certificate of Convenience and Necessity No. 20120 in Bastrop County, Texas.
Continued to the July 23, 2003