Kathleen White

Ralph Marquez

Larry Soward


AGENDA


Wednesday, December 17, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


8:30 a.m..- Cancelled

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.


Cancelled.

 

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.


Cancelled.

 

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.


Cancelled.




OLD BUSINESS AGENDA


Wednesday, December 17, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S



                   Item continued from agendas of November 5 & 19, 2003 and December 3, 2003.

 

Item 1.       Docket No. 2003-0632-RUL. Consideration of the adoption of 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 amendments would establish the outcome of proving specific criteria regarding certain unauthorized emissions, and would modify the rules to improve implementation. The proposed rules were published in the July 25, 2003 issue of the Texas Register (28 TexReg 5787). (Brad Toups, Janis Hudson, Alan Henderson) (Rule Log Number 2003-038-101-AI)


Adopt the rule as filed with a sunset expiration of June 30, 2005. KW/RM; all agree.


                   Item continued from agenda of December 3, 2003.

 

Item 2.       Docket No. 2001-1005-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dennis Schouten, Cornelius Schouten, and Nicholas Schouten, dba Dennis Schouten Dairy in Erath County; TCEQ ID No. 04133-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality including specifically 30 Tex. Admin. Code ch. 60. (James P. Biggins, Benjamin de Leon)


Continued to the January 14, 2004 agenda.




AGENDA


Wednesday, December 17, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S

 


                   HEARING REQUESTS

 

Item 1.       Docket No. 2003-0998-AIR. Consideration of application by APAC Texas, Inc. for the proposed change of location of Air Quality Permit No. 6959D to authorize the applicant to change the location of a portable hot-mix asphalt plant currently located in Ennis, Ellis County. The proposed new site is located 1.3 miles south of the U.S Highway 67 and Ward Road intersection, in Midlothian, Ellis County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s Response to Comments. (Josh Reddoch / Laura Pfefferle)                 


Deny the Hearing Requests, adopt the Executive Director's Response to Comments, grant the permit relocation. RM/KW; all agree.

 

Item 2.       Docket No. 2003-0756-WR. Consideration of the City of Austin's application to amend Certificate of Adjudication 14-5471C to add an additional diversion point on the Colorado River approximately 12.9 miles downstream of Longhorn Dam near the confluence of the Colorado River and Onion Creek in Travis County. The maximum diversion rate at the proposed point is 13.93 cubic feet per second for a total annual volume of 9,412 acre-feet. The water will be diverted and used for industrial cooling at the City’s electrical generation plant known as Sand Hill Energy Center. The amendment also allows the City to use the bed and banks of the Colorado River to convey water from Town Lake to the proposed diversion point. Certificate of Adjudication 14-5471B currently authorizes the City to maintain a dam (Longhorn Dam) on the Colorado River and a reservoir (Town Lake) on the Colorado River, Colorado River Basin, in Travis County, and to divert, circulate, and re-circulate water from the perimeter at an unspecified rate for industrial (cooling) purposes. The City is also authorized to divert water from the Colorado River at the confluence of the Colorado River and Cedar Creek, in Fayette County, and from the perimeter of Cedar Creek Reservoir, also in Fayette County. The total amount of water diverted from the three diversion points may not exceed 24,000 acre-feet per year. The proposed amendment will not increase the total amount that may be diverted. The Commission will also consider hearing requests, and related responses and replies. No public comment will be allowed, although the Commission may ask questions. (Craig Mikes, Jason Haas)


Grant the Hearing Request, refer to ADR for a period of 4 to 8 weeks, if it is not resolved in ADR then refer to SOAH for an evidentiary hearing with a duration not to exceed 8 months. KW/RM; all agree.

 

Item 3.       Docket No. 2003-0762-DIS. Petition by REAL PROPERTY EXCHANGE, L.C., Gene P. McCutchin, Michael C. Ramos, Trustee for FIRST STATE BANK OF TEXAS, David W. Light III, General Partner of DAVID W. LIGHT FAMILY PARTNERSHIP, LTD., Susan Light Lawhon, and David W. Light III, for the Creation of Collin County Municipal Utility District No.1; Pursuant to Texas Water Code Chapters 49 and 54. The proposed district will include 520.748 acres of territory located in Collin County. The Commission will also consider hearing requests and related responses and replies. (Internal Control No. 04092003-D04, Todd Burkey/Rob Cummins)


Grant the Hearing Requests of the City of Celina and the Collin County Commissioner's Court; refer to SOAH for a period of 6-8 months with an initial referral to ADR for a period of 4-8 weeks. The contested case hearing is to be held in Collin County at a location to be determined by SOAH. KW/LS; all agree.

  

                   AGRICULTURAL ENFORCEMENT DEFAULT ORDER

 

Item 4.       Docket No. 2001-0236-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of John Roof dba Roof Dairy in Johnson County; TCEQ ID No. None; for dairy operation water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Mariam Hall)


Continued to the January 28, 2004 Commissioners Agenda. LS/RM; all agree.


                   AIR QUALITY ENFORCEMENT AGREED ORDERS

 

Item 5.       Docket No. 2003-0630-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Equistar Chemicals, L.P. in Harris County; Air Account No. HG-0770-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, including specifically 30 Texas Administrative Code ch. 60. (Laura Clark, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 6.       Docket No. 2003-0239-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B & E Grain, Incorporated in Johnson County; Air Account No. JH-0051-N, RN100823657; 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. (Judy Fox, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 7.       Docket No. 2002-1334-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Owens Corning in Randall County; TCEQ Air Account No. RB-0010-D; for air quality violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jill Reed, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 8.       Docket No. 2003-0443-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Protherm Services Group, LLC in Harris County; Regulated Entity Reference No. RN100590462, Vehicle Fleet ID No. 10621; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Sheila Smith, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 9.       Docket No. 2002-1308-AIR-E. Consideration of an Agreed Order assessing administrative penalties against PTP Auto Tech, Incorporated dba MAACO Auto Painting and Body Works in Denton County; Air Account No. DF-0462-H; 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. (Jorge Ibarra, P.E., Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 10.     Docket No. 2002-1272-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Motiva Enterprises, L. L. C. in Jefferson County; Air Account No. JE-0095-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (John Barry, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

    

                   INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

 

Item 11.     Docket No. 2003-0200-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Ergon Asphalt and Emulsions, Inc. in Titus County; Texas Pollutant Discharge Elimination System Permit No. 03877; 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. (Rick Ciampi, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

    

                   LICENSED IRRIGATORS ENFORCEMENT DEFAULT ORDER

 

Item 12.     Docket No. 2002-1186-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Grover Bruce in Tarrant County; TCEQ ID No. None; for landscape irrigaton installer violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Laurencia Fasoyiro, Mariam Hall)


Remanded to the Executive Director.

 

                   MULTIPLE MEDIA ENFORCEMENT AGREED ORDER             

Item 13.     Docket No. 2003-0170-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of The Colony in Denton County; Texas Pollutant Discharge Elimination System Permit No. 11570-001, Public Water Supply No. 0610081; for water quality and water rights violations pursuant to Tex. Water Code chs. 7, 11, and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kent Heath, Miriam Hall)

 

Approve the Agreed Order. KW/RM; all agree.


                   MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER

 

Item 14.     Docket No. 2002-0829-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bobby Yancey in Montgomery County; TCEQ ID No. 31979; for municipal solid 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, including specifically 30 Tex. Admin. Code ch. 60. (Benjamin J. de Leon, Miriam Hall)


Approve the Default Order. KW/RM; all agree.


                   MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

 

Item 15.     Docket No. 2002-1426-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Stockdale in Wilson County; Texas Pollutant Discharge Elimination System Permit No. 10292-001, Regulated Entity No. 101391654; 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. (Laurie Eaves, Miriam Hall)


Continued to the January 14, 2004 agenda.


                   PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 16.     Docket No. 2003-0272-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shair Hakemy dba 75 & Parker Company in Collin County; Petroleum Storage Tank Facility ID No. 0005654; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Judy Fox, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

 

Item 17.     Docket No. 2003-1055-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ken's Texaco, Inc. in Bexar County; Petroleum Storage Tank Facility ID No. 0011737; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (John Barry, Miriam Hall)  


Approve the Agreed Order. KW/RM; all agree.

 

Item 18.     Docket No. 2003-0930-PST-E. Consideration of an Agreed Order assessing administrative penalties against ALPHA BETA ENTERPRISES, INC. in Dallas County; Petroleum Storage Tank Facility ID No. 0009064, Regulated Entity ID No. RN101643997; 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. (Cari Bing, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 19.     Docket No. 2003-0158-PST-E. Consideration of an Agreed Order assessing administrative penalties against Betts Oil & Butane, Inc. in Hidalgo County; Regulated Entity ID No. 101685212; 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. (Tom Jecha, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 20.     Docket No. 2003-0774-PST-E. Consideration of an Agreed Order assessing administrative penalties against Faye Dutton dba Paradise Grill & Grocery in Grayson County; Petroleum Storage Tank Facility ID No. 43124; 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. (Laurie Eaves, Miriam Hall)


Remanded to the Executive Director.

   

Item 21.     Docket No. 2003-0837-PST-E. Consideration of an Agreed Order assessing administrative penalties against Cosby Management, Inc. in Dallas County; Petroleum Storage Tank Facility ID No. 18861; 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. (Laura Clark, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 22.     Docket No. 2003-0828-PST-E. Consideration of an Agreed Order assessing administrative penalties against R & S Leasing dba Sonnys Food Store Inc. in Washington County; Petroleum Storage Tank Facility ID No. 9487; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Steven Lopez, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

 

Item 23.     Docket No. 2002-1366-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sundance Car Wash LLP dba Sundance Car Wash in Lubbock County; Petroleum Storage Tank Facility ID No. 4003; 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. (Jill Reed, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 24.     Docket No. 2003-0899-PST-E. Consideration of an Agreed Order assessing administrative penalties against Stan Quaintance dba The Barn Drive Thru in Bell County; Petroleum Storage Tank Facility ID No. 35541; 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. (Erika Fair, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 25.     Docket No. 2003-1036-PST-E. Consideration of an Agreed Order assessing administrative penalties against Texas Panhandle Mental Health Mental Retardation in Potter County; Petroleum Storage Tank Facility ID No. 0025242; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (John Barry, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.

   

Item 26.     Docket No. 2002-0028-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Antonio Independent School District in Bexar County; Petroleum Storage Tank Facility ID No. 03073; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Erika Fair, Miriam Hall)


Approve the Agreed Order. KW/RM; all agree.


                   PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER

 

Item 27.     Docket No. 2002-0981-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of HMW Special Utility District dba Kipling Oaks Section 1 in Montgomery County; TCEQ ID No. 1700228; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Texas Water Code chs. 7 and 13, and the rules of the Texas Commission on Environmental Quality. (Lindsay Andrus, Miriam Hall)


Continued to the January 28, 2004 Commissioners Agenda. KW/RM; all agree.


                   AIR QUALITY EMERGENCY ORDER

 

Item 28.     Docket No. 2003-0750-AIR-E. Consideration of an Emergency Order requiring Orange Crush Recyclers Management, L.L.C. to cease operations of its rock crusher plant which is operating without the necessary air quality permit, in Dallas County; TCEQ ID No. RN103081394; pursuant to Tex. Water Code sections 5.5145, 5.501, and 5.505 and ch. 7, and Tex. Health & Safety Code ch. 382. Tex. Water Code section 5.5145 requires the Commission to issue an emergency order suspending operations of a rock crusher plant that is operating without the necessary permit. Operations may not recommence until the plant obtains the required permit or 180 days after the Emergency Order is issued, whichever is earlier. (Darren Ream)


Remanded to the Executive Director.


                   AFFIRM, MODIFY OR SET ASIDE EMERGENCY ORDERS

 

Item 29.     Docket No. 2003-0378-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 20, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501, 5.507, and 13.4132, Tex. Health & Safety Code ch. 341, and 30 Tex. Admin. Code chs. 35, 288, 290, and 291 to address the abandonment of a retail public utility (Utility) by Sandy Beach Villa Resort, Inc. dba Sandy Beach Recreational Park, TCEQ ID No. 0250032, in Brown County, to ensure continued operation of the Utility, and to provide continuous and adequate service to customers. The Emergency Order appointed Patrick King as temporary manager of the Utility. (Diana Grawitch)


Affirm the Emergency Order. RM/LS; all agree

 

Item 30.     Docket No. 2003-1387-PWS-E. Consideration of whether to affirm, modify, or set aside an Emergency Order pursuant to Tex. Water Code Sections 5.501, 5.507, and 13.4132, and 30 Tex. Admin. Code chs. 35 and 291 to address the continuing unauthorized abandonment of a retail public utility (Utility) by W. Oak Phoenix Corp., located 1.4 miles west of Highway 986 on County Road 2320, in Hunt County, TCEQ ID No. 1160097; to ensure continued operation of the Utility, and to provide continuous and adequate service to the Utility’s customers. The Emergency Order appoints George Oberdorf as temporary manager of the Utility. (Laurencia Fasoyiro)


Approve the emergency order as modified. KW/LS; all agree.


                   RULE MATTERS

 

Item 31.     Docket No. 2003-0698-RUL. Consideration of the adoption of amendments to 30 TAC Chapter 332, Composting, Sections 332.3, 332.8, 332.31, 332.37, 332.41, and 332.47.

 

This rulemaking implements the requirements of House Bill 1791, 78th Legislature, 2003, and House Bill 7, 78th Legislature 2003, Third Called Session, which require facilities that are composting grease trap waste to be permitted by the commission, where they are currently only required to be authorized by a registration. Existing operating facilities will be required to obtain a permit. Owners and operators for currently pending registration applications will be required to obtain a permit rather than a registration. All proposed sites will be required to apply for a permit. For existing facilities to continue operating, they must submit a timely application for a permit that is declared administratively complete by the commission by June 1, 2004. The proposed rules were published for comment in the August 22, 2003 issue of the Texas Register (28 TexReg 6726). (Jeff Davis, Steve Shepherd, Debi Dyer) (Rule Project No. 2003-045-332-WS)


Approve the adoption. KW/LS; all agree.

 

Item 32.     Docket No. 2003-1274-RUL. Consideration for publication of, and hearing on, proposed new Sections 70.201 - 70.206 of 30 TAC Chapter 70, Enforcement. The proposed new sections would implement Senate Bill 1265, 78th Legislature, Regular Session, 2003.

 

The proposed rulemaking would establish procedures for Texas peace officers to use when referring alleged environmental violations for criminal enforcement review. (Paul Sarahan, Micheal Blinn, Michael Bame) (Rule Log No. 2003-061-070-AD)


Item continued to the January 28, 2004 Commissioners Agenda. RM/KW; all agree.


                   EXECUTIVE SESSION

 

Item 33.     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.


Commissioners did not meet in executive session.

 

Item 34.     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.


Commissioners did not meet in executive session.

 

Item 35.     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.


Commissioners 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 OFFICE OF THE CHIEF CLERK AT (512) 239-3300 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TCEQ AGENDA ARE REQUESTED TO CONTACT THE OFFICE OF THE CHIEF CLERK AT (512) 239-3300 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)


REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.  




ADDENDUM TO AGENDA


Wednesday, December 17, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 36.     Docket No. 2003-0724-RUL. Consideration for the adoption of the repeal of 30 TAC Chapter 449, General Provisions; 30 TAC Chapter 450, Planning and Implementation Fees; and 30 TAC Chapter 451, Disposal Site Management and Operation.

 

Chapters 449 - 451 were originally adopted to implement the powers and duties assigned to the Texas Low-Level Radioactive Waste Disposal Authority, that no longer exists. The rules in these chapters are being superseded by other rules of the commission; therefore, these obsolete and unused rules are being repealed. The proposed repeals were published in the August 23, 2003 issue of the Texas Register (28 TexReg 6711, 6719, 6722, 6735). (Susan Jablonski, Devane Clarke, Don Redmond, Alan Henderson) (Rule Project Numbers 2003-015-449-WS, 2003-016-450-WS, and 2003-017-451-WS)


Approve the adoption of the repeal of 30 Texas Administrative Code Chapters 449, 450 and 451. KW/RM; all agree.

 

Item 37.     Docket No. 2003-0711-RUL. Consideration for adoption of new, amended, and repealed sections of 30 TAC Chapter 37, Financial Assurance; amended sections of 30 TAC Chapter 39, Public Notice; amended sections of 30 TAC Chapter 305, Consolidated Permits; and new, amended, and repealed sections of 30 TAC Chapter 336, Radioactive Substance Rules.

 

The adopted rulemaking would implement House Bills 1567 and 1678, 78th Legislature, Regular Session, 2003, and the corresponding amendments to Texas Health and Safety Code, Chapter 401. House Bill 1567 provides for the licensing of a low-level radioactive waste disposal facility and establishes procedures for the commission to accept and evaluate license applications from private entities to dispose of low-level radioactive waste. House Bill 1678 changes the "radiation and perpetual care fund" to "perpetual care account" in the general revenue fund. The rulemaking would also incorporate new United States Nuclear Regulatory Commission requirements regarding Deliberate Misconduct by Unlicensed Persons (63 FR 1890 and 63 FR 13373) and Revision of the Skin Dose Limit (66 FR 16298). The proposed rules were published in the August 23, 2003 issue of the Texas Register (28 TexReg 6711, 6719, 6722, 6735). (Susan Jablonski, Devane Clarke, Don Redmond, Alan Henderson) (Rule Project Number 2003-037-336-WS)


Approve the adoption of the rules as filed in the Chief Clerk's Office with the amended language to Sections 336.803, 336.805, 336.809 and 336.823 proposed by Commissioner Soward requiring certain information to be posted or maintained on the web by the agency such as notice of the applications declared administratively complete, notice of the application selected for technical review, and the identity of all applicants filing applications as well as the web site address link required by amended Section 336.805 requiring all applicants to provide a complete copy of their applications on the web and related web address link and substituting "The Commission in an Open Meeting" for "Executive Director" in Sections 336.336(c), 336.337(c) and 336.338(b) with regard to the annual review of financial assurance. KW/LS; all agree.




OLD BUSINESS AGENDA


Wednesday, December 17, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S



                   Item continued from November 5, 2003 agenda.

 

Item 1.       Docket No. 2000-0622-MSW; SOAH Docket No. 582-01-0412. Consideration of the City of Dumas' application to amend Permit No. MSW-211-B for a MSW landfill located in Moore County. The application includes the City of Dumas revised Site Operating Plan submitted in response to the Court's decision in Micky Price v. Texas Natural Resources Conservation Commission, Cause No. GN2-01636, 250th District Court, Travis County, Texas to remand the Commission's Order granting the permit.


Refer to ADR until January 15, 2004; if settlement is not reached by that date, refer to SOAH for a hearing on the limited issue of adequacy of the amended Site Operating Plan. KW/RM; LS abstained.

 

Continued from agendas of June 18, July 23, September 10, October 22, 2003, and December 3, 2003.

 

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.


Dismiss the matter without prejudice. KW/RM; all agree.




AGENDA


Wednesday, December 17, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 1.       TCEQ Docket No. 2001-1178-PST-E; SOAH Docket No. 582-03-1647. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against Tideport Petroleum, Inc. in Bexar County, Texas; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality.


Approve the adoption of the ALJ’s PFD with the ED’s exceptions. KW/RM; all agree.