Kathleen White

Ralph Marquez

Larry Soward


AGENDA


Wednesday, June 9, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


  

                   HEARING REQUESTS

 

Item 1.       Docket No. 2004-0470-AIR. Consideration of application by United Galvanizing Inc. for renewal of Air Quality Permit No. 20948 to authorize the continued operation of its galvanizing facility. The plant site is located at 6123 Cunningham Rd. in Houston, Harris 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. (Dois Webb/Rebecca Davis)


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

 

Item 2.       Docket No. 2003-1416-DIS. Consideration of a petition from Porter Water Supply Corporation (Applicant), for its conversion to Porter Special Utility District in Montgomery County, Texas, pursuant to Texas Water Code Chapters 49 and 54. The Commission will also consider hearing requests and related responses and replies. (TCEQ Internal Control No. 08172001-D08; Rob Cummins, Todd Galiga)


Grant the hearing request and refer to SOAH on the issues of overlapping jurisdiction and providing sewer service, making available the agency's ADR services to the parties. RM/LS; all agree.

 

Item 3.       Docket No. 2004-0266-MWD. Consideration of the application by Ronald Eugene Shafer for a new permit, proposed TCEQ Permit No. WQ0004573000, to authorize the beneficial land application of domestic septage on 22.92 acres. The land application site will be located on County Road 423, 1 mile northwest of the intersection of Farm-to-Market Road 3025 and County Road 423, 2 miles southwest of the intersection of Farm-to-Market Road 3025 and State Highway 108, approximately 6 miles northwest of the City of Stephenville in Erath County, Texas. The Commission will also consider request for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Jason Haas, Tassie Fish)


Grant the request for reconsideration; remand the application to the Executive Director to amend the permit, which would involve a required nutrient management plan, address the buffer zone issue as discussed and maximum phosphorous levels in the field and then refer the application back to the Commission for issuance of the permit at a later agenda date. KW/LS; all agree.

   

Item 4.       Docket No. 2004-0469-MWD. Consideration of the application by City of Ennis for a major amendment of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10443-002 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 2,500,000 gallons per day to a daily average flow not to exceed 4,000,000 gallons per day; to remove effluent limitations and monitoring requirements for cadmium, lead, silver, cyanide and mercury, and to reduce the biomonitoring frequency. The facility is located approximately 1.5 miles south of the intersection of State Highway 34 and Farm-to-Market Road 1183, and approximately 2.5 miles south of the intersection of Interstate Highway 45 and State Highway 34 in Ellis 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. (Jacquelyn Boutwell/Julian Centeno, Jr.)  


Deny all hearing requests, adopt the Executive Director's Response to Comments and grant the amendment to the permit. KW/RM; all agree.          

                   AGRICULTURAL ENFORCEMENT AGREED ORDER

 

Item 5.       Docket No. 2003-1257-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Niles Jennet & Donald Lo Piccolo dba Bluebonnet Dairy in Erath County; Water Quality Permit No. 3286-000; 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 Texas Administrative Code ch. 60. (Jill Reed, Tom Greimel)


Item continued to the June 23, 2004 agenda.

    

                   AIR QUALITY ENFORCEMENT AGREED ORDERS

 

Item 6.       Docket No. 2003-0580-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amy Food Inc. in Harris County; Air Account No. HX-3206-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 Tex. Admin. Code ch. 60. (Rebecca Johnson, Tom Greimel)


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

   

Item 7.       Docket No. 2003-1301-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bollinger Texas City, L.P. in Galveston County; Air Account No. GB-0593-H; Regulated Entity ID No. 100218627; 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. (Rebecca Clausewitz, Thomas Greimel)


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

   

Item 8.       Docket No. 2003-1231-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Calpine Natural Gas, L.P. in Brazoria County; Air Account No. BL-0441-L, Regulated Entity No. RN102568987; 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. (A. Sunday Udoetok, Thomas Griemel)


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

   

Item 9.       Docket No. 2003-1280-AIR-E. Consideration of an Agreed Order assessing administrative penalties of BP Amoco Chemical Company in Brazoria County; Air Account No. BL-0002-S, Regulated Entity ID No. RN100238708; 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. (Miriam Hall, Tom Greimel)


Item remanded to the Executive Director.

   

Item 10.     Docket No. 2003-0485-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Regal Food Service, Inc. in Harris County; Fleet ID No. 10276, Regulated Entity Reference No. RN100678895; 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. (Merrilee Hupp, Tom Greimel)


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

   

Item 11.     Docket No. 2003-1521-AIR-E. Consideration of an Agreed Order assessing administrative penalties against TEMA Oil and Gas Company in Galveston County and Liberty County; Air Account Nos. GB-0540-F and LH-0259-J; Regulated Entity ID Nos. RN102577111 and RN103711735; 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. (Rebecca Clausewitz, Tom Greimel)


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

   

Item 12.     Docket No. 2002-1077-AIR-E. Consideration of an Agreed Order assessing administrative penalties against DMV Stainless USA, Inc. in Harris County; TCEQ ID No. HG-3179-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 Tex. Admin. Code ch. 60. (Richard O'Connell, Lisa Lemanczyk)


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

 

Item 13.     Docket No. 2003-0535-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ultra Fuel and Oil, LLC in El Paso County; Air Account No. EE-0813-R, Regulated Entity Reference Number RN100810233; 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. (Lori Thompson, Tom Greimel)


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

   

Item 14.     Docket No. 2003-1358-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Linde Gas, Inc. in Harris County; TCEQ Air Account ID No. HX-2334-A, Regulated Entity ID No. RN100217207; 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. (Brandon Smith, Tom Greimel)


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

   

Item 15.     Docket No. 2003-1462-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Stericycle, Inc. in Kaufman County; Air Account No. KB-0006-V, Regulated Entity ID No. RN100653161; 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, Tom Greimel)


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

   

Item 16.     Docket No. 2003-1418-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Lyondell-Citgo Refining L.P. in Harris County; Air Account No. HG-0048-L, Regulated Entity No. RN100218130; 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. (Carl Schnitz, Tom Greimel)


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

   

Item 17.     Docket No. 2003-1086-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johns Manville in Johnson County; Air Account No. JH-0025-O; 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, Tom Greimel)

   

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

 

Item 18.     Docket No. 2003-1315-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crown Cork & Seal Company, Inc. in Taylor County; Air Account No. TB-0016-Q, Regulated Entity No. RN100602937; 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. (Carl Schnitz, Tom Greimel)


Re-posted as Item # 49

   

Item 19.     Docket No. 2003-1402-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Maverick Tube, L.P. in Montgomery County; Air Account No. MQ-0028-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, including specifically 30 Tex. Admin. Code ch. 60. (Mauricio Olaya, Thomas Griemel)


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

   

Item 20.     Docket No. 2003-1453-AIR-E. Consideration of an Agreed Order assessing administrative penalties of The Goodyear Tire & Rubber Company in Smith County; Air Account No. SK0021C, Regulated Entity ID No. RN102456597; 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. (Thomas Greimel)


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

 

Item 21.     Docket No. 2003-1216-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of University of Texas Southwestern Medical Center in Dallas County; Air Account No. DB-2459-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382 and Tex. Water Code ch. 7 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Jorge Ibarra, P.E., Tom Greimel)

Item continued to the July 14, 2004 agenda.

                   INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 22.     Docket No. 2003-1439-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Protherm Services Group, LLC in Harris County; Water Quality Permit No. 0003974-000 (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. (Sandy VanCleave, Tom Greimel)


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

   

Item 23.     Docket No. 2003-1333-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kayco Composites, LLC and Amon Enterprises, Inc. in Dallas County; Solid Waste Registration Nos. 65565 and 35004; 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. (Laura Clark, Tom Greimel)


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

    

                   MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDER

 

Item 24.     Docket No. 2003-0131-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Pacifico Transportation, Ltd., in Tom Green County; TCEQ ID Nos. F11534 and RN102923489; Texas Pollutant Discharge Elimination System Stormwater Permit Registration No. TXR05O815; for industrial solid waste and air violations pursuant to the Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code chs. 361, 371 and 382, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (David Speaker, Lisa Lemanczyk)


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


                   MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER

 

Item 25.     Docket No. 2003-0197-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Quality Caliche Pit, Inc. in Hidalgo County; TCEQ ID Nos. 455150022 and RN102952843; 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. (Wendy Cooper, Lisa Lemanczyk)


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


                   MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

 

Item 26.     Docket No. 2004-0040-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Richard Allen Verry in Harris County; Texas Pollutant Discharge Elimination System No. 12310-001; 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. (Michael Limos, Tom Greimel)


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

   

Item 27.     Docket No. 2003-1352-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jimmie Wayne Massey dba Oak Hollow Plant in Matagorda County; Texas Pollutant Discharge Elimination System Permit No. 11768-001; 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. (Christina McLaughlin, Tom Greimel)


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

    

                   PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 28.     Docket No. 2003-1087-PST-E. Consideration of an Agreed Order assessing administrative penalties of Mughal Nasir dba 61st Street Food Mart in Galveston County; Petroleum Storage Tank Facility ID No. 005474, Regulated Entity ID No. RN101873081; 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. (Cari Bing, Thomas Griemel)


Item remanded to the Executive Director.

   

Item 29.     Docket No. 2003-0214-PST-E. Consideration of an Agreed Order assessing administrative penalties against Alamo Star, Inc. dba Glen Super Mart in Bexar County; Petroleum Storage Tank Facility ID No. 39474; 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. (Rebecca Clausewitz, Tom Greimel)


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

   

Item 30.     Docket No. 2003-0905-PST-E. Consideration of an Agreed Order assessing administrative penalties against ME TECH, INC. in Jefferson County; Petroleum Storage Tank Facility ID No. 17652, Regulated Entity Reference No. RN101442986; 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, Tom Greimel)


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

   

Item 31.     Docket No. 2002-0454-PST-E. Consideration of an Agreed Order assessing administrative penalties against Panjwani Enterprises, Inc. dba Conoco Truck Stop in Montgomery County; TCEQ ID No. 0000939; 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, Lisa Lemanczyk)


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

   

Item 32.     Docket No. 2002-0870-PST-E. Consideration of an Agreed Order assessing administrative penalties against Petro-Chemical Transportation, Inc. in Dallas County; TCEQ ID No. RN103950572; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Lisa Lemanczyk)


Item remanded to the Executive Director.

 

Item 33.     Docket No. 2003-0798-PST-E. Consideration of an Agreed Order assessing administrative penalties against Performance Food Group of Texas, L.P. dba PFG of Texas-Victoria in Victoria County; PST Facility ID No. 36751; 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. (Elvia Maske, Tom Greimel)


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

 

Item 34.     Docket No. 2003-1080-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shaheen Grocery, Inc. in Harris County; Petroleum Storage Tank Facility ID No. 50255, Regulated Entity Reference No. RN102230687; 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. (Sushil Modak, Tom Greimel)


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

   

Item 35.     Docket No. 2003-0864-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Don Calvert dba Big Jacks Grocery in Denton County; PST Facilty ID No. 8171; 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. (Joseph Daley, Tom Greimel)


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

   

Item 36.     Docket No. 2003-1015-PST-E. Consideration of an Agreed Order assessing administrative penalties of Bradley Glasscock dba Super C West in Rusk County; Petroleum Storage Tank Facility ID No. 25321; 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, Thomas Greimel)


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

   

Item 37.     Docket No. 2003-1508-PST-E. Consideration of an Agreed Order assessing administrative penalties of Bay Oil Company in Galveston County; Regulated Entity No. 101768711; 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. (Catherine Albrecht, Tom Greimel)


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


                   PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

   

Item 38.     Docket No. 2003-0811-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of New Blessing, Inc. dba AM-PM Mini Mart II in Tarrant County; TCEQ ID Nos. 9161 and RN101378040; 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. (Gitanjali Yadav, Lisa Lemanczyk)


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

   

Item 39.     Docket No. 2003-0843-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Michael Reid and Angela Reid dba Mike's Mini Mart in Gregg County; TCEQ ID. No. 40447; 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. (Snehal R. Patel, Lisa Lemanczyk)


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

    

                   PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDER

 

Item 40.     Docket No. 2003-1199-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Custom Food Group, L.P. dba Custom Food Group in Brazoria County; Public Water Supply ID No. 0200504; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Christina McLaughlin, Tom Greimel)


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

    

                   WATER RIGHT ENFORCEMENT AGREED ORDER

 

Item 41.     Docket No. 2003-0595-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Graham in Young County; Public Water Supply No. 2520001, Regulated Entity ID No. RN101386308; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality. (Thomas Greimel)


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

    

                   RESOLUTION

 

Item 42.     Docket No. 2004-0645-RES. Consideration of a resolution to fill 24 vacancies on the Galveston Bay Council. The Galveston Bay Council is an advisory body to the Texas Commission on Environmental Quality whose function is to advise the commission on the implementation of The Galveston Bay Plan. (Helen Drummond, Bob Brush) (Rule Project No. 2004-060-OTH-NR)


Approve the resolution to fill 24 vacancies on the Galveston Bay Council. KW/LS; all agree.

    

                   RULE MATTERS

 

Item 43.     Docket No. 2004-0130-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. 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 March 19, 2004 issue of the Texas Register (29 TexReg 2927). (Karen Hill, Brian MacLeod, Alan Henderson) (Rule Project No. 2003-050-117-AI)


Approve of the rules review and readoption of 30 TAC Chapter 117. RM/KW; all agree.

 

Item 44.     Docket No. 2003-0772-RUL. Consideration for adoption of new Sections 106.491, 106.496, and 106.533; amended Section 106.50; and the repeal of Sections 106.5, 106.201 - 106.203, 106.491, 106.493, 106.496, and 106.533 of 30 TAC Chapter 106, Permits by Rule, and revisions to the state implementation plan regarding Section 106.5.

 

The adopted rulemaking eliminates the concrete batch plant permit by rule (PBR) and corresponding public notice requirements, reduces registration fees, eliminates the single-chambered incinerator PBR, allows law enforcement agencies to use a PBR to incinerate confiscated illegal drug evidence, minimizes registration requirements, establishes a notification procedure, updates technical requirements for trench burners and aboveground air curtain incinerators, provides for a rapid authorization mechanism for remediation projects at gasoline stations and dry cleaning facilities, and establishes technical requirements for all facilities performing remediation activities. The proposed rules were published in the January 30, 2004 issue of the  Texas Register (29 TexReg 902). (Anne Inman, Garrett Arthur, Debra Barber) (Rule Project No. 2003-030-106-AI)


Approve the new, amended, and repealed sections of 30 TAC Chapter 106 and revisions to the State Implementation Plan regarding Section 106.5. RM/KW; all agree.

    

Item 45.     Docket No. 2004-0596-RUL. Consideration for publication of, and hearing on, proposed amended sections 101.300, 101.302 - 101.304, 101.311, 101.356, 101.359, 101.370, 101.373, 101.374, and 101.376; and corresponding revisions to the state implementation plan (SIP).

 

The proposed rulemaking would amend the emissions banking and trading rules in Subchapter H, Emissions Banking and Trading, to accommodate changes in emissions inventories, promote smooth program administration, establish a system to regulate discrete emission credit use, and correct the discrete emission credit generation equation. (Beecher Cameron, Cory Chism, Dan Long, Alan Henderson) (Rule Project Number 2003-064-101-AI)


Grant the publication of, and hearing on, proposed amended sections 101.300, 101.302 - 101.304, 101.311, 101.356, 101.359, 101.370, 101.373, 101.374, and 101.376; and corresponding revisions to the state implementation plan. KW/RM; all agree.

   

                   EXECUTIVE SESSION

 

Item 46.     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 47.     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 48.     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.

 

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ADDENDUM TO THE AGENDA


Wednesday, June 9, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 49.     Docket No. 2003-1315-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crown Cork & Seal Company, Inc. in Taylor County; Air Account No. TB-0016-Q, Regulated Entity No. RN100602937; for 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, including specifically 30 Texas Administrative Code ch. 60. (Carl Schnitz, Tom Greimel)


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




AGENDA


Wednesday, June 9, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 1.       TCEQ Docket No. 2001-0851-MSW-E; SOAH Docket No. 582-03-1053. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Reola M. Bonugli, Brothers' Paving Inc., Roy Soliz, Backhoe Services, Inc. and Ramon Soliz dba R&R Materials in Webb County, Texas; TCEQ ID No. 45516001; regarding municipal solid waste and water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality.


Remand this item to the Executive Director with instructions to seek recommendations for how we can address this situation and bring other responsible parties to the table to see what makes sense as far as cleaning up the site, including whether VCP would be legally permissible. RM/KW; all agree.

 

Item 2.       TCEQ Docket No. 2002-1289-UCR; SOAH Docket No. 582-03-1218. Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding the application of La Joya Water Supply Corporation to amend its sewer Certificate of Convenience and Necessity No. 20785 to add approximately 26 connections and 80 acres in Starr County to the area it is currently certificated to serve. The Commission will also consider the application and related filings, exceptions and replies.


Adopt the ALJ's PFD and Order except that the ALJ's Finding of Fact 29 with regard to environmental integrity is deleted and the ordering provision regarding denial of the application is amended to provide the denial is without prejudice. KW/RM; all agree.