Kathleen White                                                          OLD BUSINESS AGENDA

Ralph Marquez

Larry Soward                                                             Wednesday, May 26, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E



                  Continued from the April 28, 2004 agenda.

 

Item 1.      Docket No. 2003-0908-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Air Liquide America L.P. in Harris County; Petroleum Storage Tank Facility ID No. 46364, Regulated Entity ID No. RN100233998; 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. (Bill Davis, Sushil Modak)


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

                   

                  Continued from the May 12, 2004 agenda.

 

Item 2.      Docket No. 2003-1208-PST-E. Consideration of an Agreed Order assessing administrative penalties against SAZ, Inc. dba One Market in Nueces County; Petroleum Storage Tank Facility ID No. 0018002; 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. (Vanessa Davis, Terry Murphy)


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

 

Continued from the March 10 & May 12, 2004 agendas.

 

Item 3.      Docket No. 2004-0051-IWD. Consideration of permit application 03076, submitted by Skinner Nurseries, Inc, for a major amendment to TCEQ Permit No. 03076 to reduce the monitoring frequencies for all the parameters monitored at Outfalls 001 and 003 to a frequency of once per quarter. The current permit authorizes the discharge of excess water from a recycle irrigation system on an intermittent and variable basis via Outfall 001, and excess water from a recycle irrigation system on an intermittent and variable bais via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing TPDES Permit No. 03076, issued on August 20, 1999. The applicant operates a 120 acre woody ornamental plant nursery. The plant site is located at the intersection of Broze Road and Farm-to-Market Road 1960, approximately 5.5 miles east of Interstate Highway 45, Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Michael Hughes/Kelly Holligan)


Remanded to the Executive Director.




    




AGENDA


Wednesday, May 26, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E


                  HEARING REQUESTS

 

Item 1.      Docket No. 2004-0268-AIR. Consideration of application by Alamo Concrete Products, Ltd. for Air Quality Permit No. 55422 to authorize the construction of a permanent concrete batch plant. The proposed facility is to be located at 3500 Yarrington Road, San Marcos, Hays 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. (Helga Chatelle/Don Long)


Deny all hearing requests as a matter of law, adopt the Executive Director's Response to Comments and grant the permit. KW/RM; all agree.

 

Item 2.      Docket No. 2004-0467-MWD. Consideration of the application by Parker Creek Estates, L.P. for a new permit, proposed TPDES Permit No. WQ0014442001, to authorize the discharge of treated domestic wastewater at an Interim I volume not to exceed a daily average flow of 0.08 million gallons per day (MGD), an Interim II volume not to exceed a daily average flow of 0.16 MGD, an Interim III volume not to exceed a daily average flow of 0.24 MGD and a Final volume not to exceed a daily average flow of 0.48 MGD. The facility will be located approximately 5,200 feet south-southeast of the intersection of Farm-to-Market Road 548 and Crenshaw Road in Rockwall County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Lisa Roberts, Firoj Vahora)


Continue this item to the June 23, 2004 agenda. KW/RM; all agree.

   

Item 3.      Docket No. 2004-0213-MWD. Consideration of the application by Joshua Evan McFarland for a new permit, proposed TPDES Permit No. WQ0014407001, to authorize the discharge of treated domestic wastewater with a daily average flow not to exceed 0.023 million gallons per day. The wastewater treatment facility serves the Country Lane Mobile Home Park. The facility is located approximately 1.8 miles south of the intersection of Interstate Highway 20 and State Highway 43, and approximately 5,800 feet east of State Highway 43 in Harrison 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. (John Williams/David Akoma)                         


Grant the hearing request from Sheriff W.T. McCool, deny all other hearing requests. Refer to ADR for a period of 4 to 6 weeks, then as necessary to SOAH for a period of 4 months. The Chief Clerk will refer to SOAH the following issue for a contested case hearing: whether operation of the facility, and in particular the 2.0 milligrams per liter dissolved oxygen minimum level, will create an odor nuisance for property owners less than one mile downstream from the facility’s discharge point? All other issues were denied. RM/KW; all agree.

   

Item 4.      Docket No. 2004-0466-MWD. Consideration of the application by Bell County Water Control and Improvement District No. 1 for a new permit, proposed TPDES Permit No.WQ0014387001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day. The facility will be located on the south side of Farm-to-Market Road 2410, approximately 0.4 mile west of the intersection of Stillhouse Lake Road and Chapparal Road in Bell 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. (Anthony Tatu, Ron Riggins)   


Deny the request for reconsideration, adopt the Executive Director's Response to Comments and grant the permit with the change of the permit expiration date from May 1, 2006 to May 1, 2009. RM/LS; all agree.


                  AIR QUALITY ENFORCEMENT AGREED ORDERS

 

Item 5.      Docket No. 2002-0208-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Interstate Highway Construction, Inc. in Potter County; TCEQ ID No. 90-7899-L; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Carl Schnitz)


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

   

Item 6.      Docket No. 2002-0292-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Dynegy Midstream Services, Limited Partnership in Pecos County; TCEQ ID No. PE-0190-V; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Alfred Okpohworho, Carl Schnitz)


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

 

Item 7.      Docket No. 2003-1304-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Brazos Valley Energy L.P. dba Brazos Valley Electric Generating Facility in Fort Bend County; Air Account No. FG-0595-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, including specifically 30 Texas Administrative Code ch. 60. (Chad Blevins, Merrilee Hupp)


Remanded to the Executive Director.

   

Item 8.      Docket No. 2003-1262-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Crown Cork & Seal Company (USA), Inc. in Fort Bend County; Air Account No. FG-0082-W, Regulated Entity Reference No. RN100218072; 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, Merrilee Hupp)


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

   

Item 9.      Docket No. 2003-0650-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Huntsman Petrochemical Corporation in Jefferson County; Air Account No. JE-0052-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, including specifically 30 Texas Administrative Code ch. 60. (Cheryl Thompson, Merrilee Hupp)


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

   

Item 10.    Docket No. 2003-1305-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Casita Enterprises, Inc. in Navarro County; Title V Operating Permit No. O-01802, Regulated Entity ID No. RN100215664; 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. (Bill Davis, Merrilee Hupp)


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

   

Item 11.    Docket No. 2003-0187-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Coast Waste Disposal Authority in Galveston County; Air Account GB-0032-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. (Lawrence King, Merrilee Hupp)


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

   

Item 12.    Docket No. 2003-1438-AIR-E. Consideration of an Agreed Order assessing administrative penalties against E. R. Carpenter, L.P. in Harris County; Air Account No. HG-0141-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, including specifically 30 Texas Administrative Code ch. 60. (Kimberly Morales, Merrilee Hupp)


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

   

Item 13.    Docket No. 2003-1366-AIR-E. Consideration of an Agreed Order assessing administrative penalties of E. D. Baker Company, LTD. in Hutchinson County; Air New Source Review Permit No. 54240; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Ronnie Kramer, Merrilee Hupp)


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

   

Item 14.    Docket No. 2003-1426-AIR-E. Consideration of an Agreed Order assessing administrative penalties of BP Amoco Chemical Company in Galveston County; Air Account No. GB-0001-R; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Sandy VanCleave, Merrilee Hupp)


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

   

Item 15.    Docket No. 2003-0670-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BP America Production Company in Upton County; Air Account No. UB-0001-M, Regulated Entity ID No. RN100224278; 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. (Miriam Hall, Merrilee Hupp)


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

 

Item 16.    Docket No. 2003-1323-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Franklin Building Materials, Inc. in El Paso County; Air Account No. EE-0862-E, Regulated Entity Reference No. RN100815554; 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. (Jill Reed, Merrilee Hupp)


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

    

                  EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

 

Item 17.    Docket No. 2003-1065-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Sac-N-Pac Stores, Inc. in Hays County; Edwards Aquifer Protection Program ID No.: 95112702A, RN102965423; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Cari Bing, Merrilee Hupp)


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

    

                  MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS

 

Item 18.    Docket No. 2001-0343-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Sneed Shipbuilding, Inc. in Orange County; TCEQ ID No. OC-0065-S; for air quality and municipal solid waste violations pursuant to the Texas Clean Air Act and the Texas Solid Waste Disposal Act, Tex. Health & Safety Code chs. 361 and 382, the Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Gitanjali Yadav, Carl Schnitz)


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

 

Item 19.    Docket No. 2003-1127-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Northwest Petroleum LP in Williamson County; Petroleum Storage Tank Facility ID No. 71238, Regulated Entity Reference No. RN101491728; 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. (Sheila Smith, Merrilee Hupp)


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

   

                  MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS

 

Item 20.    Docket No. 2002-0300-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of Brownwood in Brown County; TCEQ ID No. 1562; 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. (David Speaker, Carl Schnitz)


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

   

Item 21.    Docket No. 2003-0512-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Polk County in Polk County; Municipal Solid Waste Permit No. 1384; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Jorge Ibarra, P.E., Merrilee Hupp)


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


                  MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER

 

Item 22.    Docket No. 2003-0198-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bobby Ray Waldrep dba Waldrep Salvage in Cameron County; TCEQ ID No. 14413; 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. (Robin Chapman, Carl Schnitz)


Re-posted as Item 48.

    

                  MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

 

Item 23.    Docket No. 2003-1344-MWD-E. Consideration of an Agreed Order assessing administrative penalties against City of Daingerfield in Morris County; Texas Pollutant Discharge Elimination System Permit No. 10499-001, Regulated Entity ID. No. RN102177953; 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. (Mike Meyer, Merrilee Hupp)


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

   

Item 24.    Docket No. 2003-1349-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Coolidge in Limestone County; Texas Pollutant Discharge Elimination System Permit No. 10496-001, Regulated Entity ID No. RN101919025; 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. ( Bill Davis, Merrilee Hupp)


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

   

Item 25.    Docket No. 2003-1441-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Memorial Hills Utility District in Harris County; Texas Pollutant Discharge Elimination System Permit No. 11044-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (J. Mac Vilas, Merrilee Hupp)

   

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

 

Item 26.    Docket No. 2003-1306-MWD-E. Consideration of an Agreed Order assessing administrative penalties of AquaSource Utility, Inc. in Harris County; TPDES Permit No. 11375-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Christina McLaughlin, Merrilee Hupp)


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

   

Item 27.    Docket No. 2003-0013-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Town of Buckholts in Milam County; Texas Pollutant Discharge Elimination System Permit No. 11875-001; for water quality violations pursuant to Tex. Admin. Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Tel Croston, Merrilee Hupp)


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

   

Item 28.    Docket No. 2003-0082-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Sabinal in Uvalde County; Texas Pollutant Discharge Elimination System Permit Nos. 14342-001 and 10604-001(Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jaime Garza, Merrilee Hupp)


Remanded to the Executive Director.

    

ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT AGREED ORDER

 

Item 29.    Docket No. 2003-0067-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Gordon Newman in Fort Bend County; TCEQ ID No. 079059; for on-site sewage operation violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Lindsay Andrus, Carl Schnitz)


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


                  PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 30.    Docket No. 2003-1171-PST-E. Consideration of an Agreed Order assessing administrative penalties against Alyan Inc. dba Stop N Drive 22 in Orange County; Petroleum Storage Tank Facility ID No. 43542; 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. (Sandy VanCleave, Merrilee Hupp)


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

   

Item 31.    Docket No. 2003-1046-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Boening Brothers Dairy, Inc. in Wilson County; Petroleum Storage Tank Facility ID No. 0011987; 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. (Bradley Brock, Merrilee Hupp)


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

   

Item 32.    Docket No. 2003-0135-PST-E. Consideration of an Agreed Order assessing administrative penalties of Siber Enterprise, Inc. dba Star Food and Grocery in Harris County; Petroleum Storage Tank Facility ID No. 0039774; 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. (Trina Grieco, Merrilee Hupp)


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

 

Item 33.    Docket No. 2003-1057-PST-E. Consideration of an Agreed Order assessing administrative penalties of John Michael Corder in Harris County; Petroleum Storage Tank Facility ID No. 29311 and Regulated Entity Reference No. RN101775104; 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. (Ronnie Kramer, Merrilee Hupp)


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

   

Item 34.    Docket No. 2003-1505-PST-E. Consideration of an Agreed Order assessing administrative penalties of Jack Ray & Sons Oil Co., Inc. in Dallas County; Regulated Entity Reference No. RN101563039; 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. (Erika Fair, Merrilee Hupp)


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

   

Item 35.    Docket No. 2003-1164-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gustavo Garcia and Ulysia Garcia dba Diamond G in Jim Wells County; Petroleum Storage Tank Facility ID No. 10378; 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. (Audra Ruble, Merrilee Hupp)


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

   

Item 36.    Docket No. 2003-1270-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mary J. Krenek dba Logansport Food Mart in Nacogdoches County; Petroleum Storage Tank Facility ID No. 25415, Regulated Entity Reference No. RN101835494; 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, Merrilee Hupp)


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

   

Item 37.    Docket No. 2003-0782-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jose G. Nieto and Luis A. Nieto dba Nietos Service Station 2 in Hidalgo County; Petroleum Storage Tank Facility ID No. 35981; 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. (Cheryl Thompson, Merrilee Hupp)


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

 

Item 38.    Docket No. 2003-0870-PST-E. Consideration of an Agreed Order assessing administrative penalties against Brijesh Patel and Seema Patel dba Lakeside Food Mart in Houston County; Petroleum Storage Tank Facility ID No. 25511; 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. (Keith L. Fleming, Merrilee Hupp)


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

   

Item 39.    Docket No. 2003-0829-PST-E. Consideration of an Agreed Order assessing administrative penalties against Samir Ibrahim in Harris County; Petroleum Storage Tank Registration No. 23141, Regulated Entity Reference No. RN101377760; 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. (Ronnie Kramer, Merrilee Hupp)


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

    

                  PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

 

Item 40.    Docket No. 2002-0066-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shawn Fuller dba Country Village Mobile Home Park in Lubbock County; TCEQ ID No. 1520249; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Carl Schnitz)


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

   

Item 41.    Docket No. 2003-0030-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lake Brownwood Christian Retreat in Brown County; Public Water Supply ID No. 0250030; for drinking water quality violations pursuant to Tex. Health & Satety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Merrilee Hupp)


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

   

Item 42.    Docket No. 2003-0360-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kathie Bryant dba Buena Vista Water System in Burnet County; Public Water Supply ID No. 0270008; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Lawrence King, Merrilee Hupp)


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

    

                  WATER RIGHT ENFORCEMENT AGREED ORDER

 

Item 43.    Docket No. 2003-0318-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Pecan Gap in Delta County; TCEQ ID No. 0600016; for water rights violations pursuant to the Tex. Water Code chs. 7 and 11 and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Carl Schnitz)


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

    

                  RULE MATTER

 

Item 44.    Docket No. 2003-1124-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 344, Landscape Irrigation. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the January 9, 2004 issue of the Texas Register (29 TexReg 383). (Emily Barrett) (Rule Project No. 2004-020-344-WT)


Approve the rules review and readoption of 30 TAC Chapter 344. KW/LS; all agree.

   

                  EXECUTIVE SESSION

 

Item 45.    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.


No action taken.

 

Item 46.    Docket No. 1999-0024-EXE. The Commission will conduct a closed meeting to receive legal advice and will discuss pending or contemplated litigation, settlement offers, and/or the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of specific Commission employees, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.


No action taken.

 

Item 47.    Docket No. 1999-0025-EXE. The Commission will conduct a closed session to discuss their duties, roles, and responsibilities as Commissioners of the TCEQ pursuant to Section 551.074 of the Open Meetings Act, Codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.


No action taken.

 

(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TCEQ AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT OFFICE OF THE CHIEF CLERK AT (512) 239-3300 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TCEQ AGENDA ARE REQUESTED TO CONTACT THE OFFICE OF THE CHIEF CLERK AT (512) 239-3300 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)

 

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







ADDENDUM AGENDA


Wednesday, May 26, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E


 

Item 48.    Docket No. 2003-0198-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Bobby Ray Waldrep dba Waldrep Salvage in Cameron County; TCEQ ID No. 14413, RN102849205; 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. (Robin Chapman, Carl Schnitz)


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





AGENDA


Wednesday, May 26, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 P.M.

12100 Park 35 Circle

Room 201S, Bldg. E


                  RULE MATTERS

 

Item 1.      Docket No. 2004-0475-RUL. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan concerning the attainment demonstration for the Beaumont-Port Arthur ozone nonattainment area. The proposal contains results of photochemical modeling and technical analyses in support of the demonstration of attainment of the 8-hour ozone standard, and a new Motor Vehicle Emissions Budget using MOBILE6, the newest version of the United States Environmental Protection Agency's emission factor model for mobile sources. (Mike Magee, Janis Hudson) (Project Number 2004-053-SIP-NR)


Approve publication of, and hearing on, a proposed revision to the state implementation plan concerning the attainment demonstration for the Beaumont-Port Arthur ozone nonattainment area. RM/KW; all agree.

   

Item 2.      Docket No. 2004-0485-RUL. Consideration for publication of notice and hearing on a proposed revision to the state implementation plan (SIP) concerning the rate-of-progress (ROP) demonstration for the Beaumont/Port Arthur (BPA) ozone nonattainment area. The proposed SIP revision will update emission inventories, ROP budgets, and motor vehicle emission budgets (MVEB) to reflect the use of new EPA emission factor models (NONROAD and MOBILE6) and new motor vehicle activity estimates. The revised emission inventories, ROP budgets, and MVEBs are consistent with concurrent SIP proposals. Additionally, new emission inventories, ROP budgets, and MVEBs are being proposed for milestone years 1999, 2002, and 2005 because the BPA area has been reclassified with a new attainment date of 2005. (Mike Magee, Terry Salem) (Project Number 2004-049a-SIP-NR)


Approve publication of, and hearing on, proposed revision to the state implementation plan (SIP) concerning the rate-of-progress (ROP) demonstration for the Beaumont/Port Arthur (BPA) ozone nonattainment area. RM/KW; all agree.

   

Item 3.      Docket No. 2004-0474-RUL. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Houston/Galveston/Brazoria (HGB) ozone nonattainment area. The proposed SIP revision reflects a strategy based on nitrogen oxides and point source highly-reactive volatile organic compound emission reductions rather than solely a nitrogen oxides emission reduction plan. This proposal contains results of photochemical modeling and technical documentation in support of the attainment demonstration. As a result of these analyses, the proposal revises a number of nitrogen oxides control strategies and the highly-reactive volatile organic compound emission reduction requirements.

 

Additionally, the proposal contains a revision to the environmental speed limit strategy. The currently posted speed limits, at five miles per hour (mph) below what was posted before May 1, 2002, where speed limits were 65 mph or higher, are maintained and the reinstatement of the 55 mph speed limit on May 1, 2005 is removed, as required by House Bill 1365, 78th Legislature, Regular Session, 2003. (Kelly Keel, Janis Hudson) (Project Number 2004-042-SIP-NR)


Item continued to the June 23, 2004 agenda. RM/KW; all agree.

   

Item 4.      Docket No. 2004-0484-RUL. Consideration for publication of notice and hearing on a proposed revision to the state implementation plan (SIP) concerning the rate-of-progress (ROP) demonstration for the Houston-Galveston-Brazoria ozone nonattainment area. The proposed SIP revision will update the emission inventories, ROP budgets, and motor vehicle emission budgets (MVEB) to reflect the use of new EPA emission factor models (NONROAD and MOBILE6) and new motor vehicle activity estimates. The updated emission inventories, ROP budgets, and MVEBs are consistent with concurrent SIP proposals. (Kelly Keel, Terry Salem) (Project Number 2004-049b-SIP-NR)


Item continued to the June 23, 2004 agenda. RM/KW; all agree.

 

Item 5.      Docket No. 2004-0308-RUL. Consideration for publication of, and hearings on, proposed new Sections 115.620 - 115.622, 115.626, 115.627, and 115.629 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; and corresponding revisions to the state implementation plan.

 

The proposed rulemaking would implement new rules per commission directive of December 5, 2001, concerning consideration of a petition from Fluoro-Seal. The rules would be placed in Division 2, Portable Fuel Containers, in Subchapter G, Consumer-Related Sources. The provisions would specify performance standards, testing requirements, and labeling requirements for portable fuel containers manufactured on or after January 1, 2006, for sale in Texas. The rules would apply statewide. (Roland Castaneda, Les Trobman, Joseph Thomas) (Rule Project No. 2004-033-115-AI)


Approve publication of, and hearings on, proposed new Sections 115.620 - 115.622, 115.626, 115.627, and 115.629 of 30 TAC Chapter 115 and corresponding revisions to the state implementation plan. KW/RM; all agree.

 

Item 6.      Docket No. 2004-0546-RUL. Consideration for publication of, and hearings on, proposed amended Sections 115.352, 115.354 - 115.357, and 115.359 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; and corresponding revisions to the state implementation plan. The proposed amendments are being proposed in Subchapter D (Petroleum Refining, Natural Gas Processing, and Petrochemical Processes), Division 3 (Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes).

 

The proposed rulemaking would remove certain recordkeeping requirements from the general volatile organic fugitive emissions rules in Subchapter D, Division 3, and make the requirements applicable only to sources of highly-reactive volatile organic compound fugitive emissions in rule amendments that are being proposed as part of a concurrent rulemaking in 30 TAC Chapter 115, Subchapter H. The proposed amendments would also make a variety of changes to correct typographical errors, update cross-references, add flexibility, and achieve the intended emission reductions of the program. (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Project No. 2004-052-115-AI)


Item continued to the June 23, 2004 agenda. RM/KW; all agree.

   

Item 7.      Docket No. 2004-0309-RUL. Consideration for publication of, and hearings on, the proposed repeal of Sections 114.452 and 114.459 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-Road Engines; Division 6, Lawn Service Equipment Operating Restrictions; and corresponding revisions to the state implementation plan.

 

The proposed rulemaking would repeal the lawn service equipment operating restrictions that are scheduled to go into effect April 1, 2005. (Roland Castaneda, Rebecca Davis, Debra Barber) (Rule Project No. 2004-034-114-AI)


Approve publication of, and hearings on, proposed repeal of Sections 114.452 and 114.459 of 30 TAC Chapter 114 and corresponding revisions to the state implementation plan. KW/RM; all agree.

 

Item 8.      Docket No. 2004-0306-RUL. Consideration for publication of, and hearings on, proposed amended Sections 114.2, 114.50, 114.52, and 114.53 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter A, Definitions, and Subchapter C, Vehicle Inspection and Maintenance and Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program, Division 1, Vehicle Inspection and Maintenance; and corresponding revisions to the state implementation plan.

 

The proposed rulemaking would remove all references to the inspection and maintenance program in Chambers, Liberty, and Waller Counties before the scheduled program implementation date of May 1, 2005 in these three counties. The proposed rulemaking would also remove the requirement for these three counties to submit individually or collectively an alternative control plan with strategies that would be implemented instead of an inspection and maintenance program. (Bob Wierzowiecki, Garrett Arthur, Alan Henderson) (Rule Project No. 2004-035-114-AI)


Approve publication of, and hearings on, proposed amended Sections 114.2, 114.50, and 114.53 of 30 TAC Chapter 114, and corresponding revisions to the state implementation plan, with the change of the hearing dates from June to August 2, 3 and5, and close of comment period on August 9 to be consistent with the SIP narratives and rules. KW/RM; all agree.

   

Item 9.      Docket No. 2004-0307-RUL. Consideration for publication of, and hearings on, the proposed repeal of Sections 114.500, 114.502, 114.507, and 114.509 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter J, Operational Controls for Motor Vehicles; Division 1, Motor Vehicle Idling Limitations; and corresponding revisions to the state implementation plan.

 

The proposed rulemaking would repeal the rules that prohibit a motor vehicle over 14,000 pounds from idling for more than five consecutive minutes in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties during the period of April 1 through October 31 of each calendar year. (Morris Brown, Rebecca Davis, Debra Barber) (Rule Project No. 2004-043-114-AI)


Approve publication of, and hearings on, proposed repeal of Sections 114.500, 114.502, 114.507, and 114.509 of 30 TAC Chapter 114, and corresponding revisions to the state implementation plan, with the change in the draft RIA and the Takings sections to be changed from "lawn and garden" to "idling restrictions". KW/RM; all agree.

 

Item 10.    Docket No. 2004-0629-RUL. Consideration for publication of, and hearings on, amended Sections 115.10, 115.720, 115.722, 115.725 - 115.727, 115.729, 115.769, 115.780 - 115.783, and 115.786 - 115.789; new Sections 115.766, 115.767, and 115.790 - 115.793; and repealed Sections 115.766 - 115.768 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; corresponding revisions to the state implementation plan. The amended, new, and repealed sections are being proposed in 30 TAC Chapter 115, Subchapter A (Definitions); Subchapter H (Highly-Reactive Volatile Organic Compounds), Division 1 (Vent Gas Control), Division 2 (Cooling Tower Heat Exchange Systems), Division 3 (Fugitive Emissions), and Division 4 (Enforcement of Site-wide Caps).

 

The proposed rulemaking would achieve emission reductions in support of the attainment demonstration of the national ambient air quality standard for ozone in the Houston/Galveston ozone nonattainment area and would implement measures to ensure compliance with the specific strategies to control HRVOC emissions. The proposed amendments would also make a variety of changes to correct typographical errors and update cross-references. (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Project No. 2004-037-115-AI)


Item continued to the June 23, 2004 agenda. RM/KW; all agree.