AGENDA

Wednesday, July 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
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.
No Action Taken
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.
No Action Taken


AGENDA

Wednesday, July 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

HEARING REQUESTS
Item 1. Docket No. 2003-0525-WR. Consideration of Application No. 5768 from FSP Development of Texas, LLC (FSP) for a Water Use Permit which would authorize FSP to construct and maintain three (3) small dams on an unnamed tributary of Yorks Creek, tributary of Onion Creek, tributary of the Colorado River, Colorado River Basin, and impound a combined total of .07 acre-foot of water in the three (3) reservoirs having a combined surface area of 0.0734 acres for in-place recreation (aesthetic) purposes in Hays County. The dams will range from 1 foot to 2.5 feet in height. No diversion of water from the reservoirs is requested by this application. The reservoir complex is located bearing S 45W, 5,800 feet from the northeast corner of the Jesus Perez League No. 14, Abstract 363, also being 30.060N Latitude and 97.999W Longitude in the Sierra West Subdivision in Hays County. The Commission will also consider hearing requests, related responses an replies, and public comment. (Michael Hughes, David Koinm)
Deny hearing request, and issue the permit, RM/KW. All Agree
Item 2. Docket No. 2003-0545-MWD. Consideration of permit application # 11077-003, submitted by THE CITY OF FATE for a new permit (proposed TPDES Permit No. 11077-003), which will authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 474,000 gallons per day. This facility was previously permitted under TPDES Permit No. 11077-001 which expired December 1, 2001. The facility is located approximately 0.01 mile east of State Highway 66 or approximately 0.04 mile northeast of the intersection of State Highway 66 and State Highway 551 in Rockwall County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment, the Executive Director's response to comments and a request for reconsideration of the Executive Director's decision. (Robert Martinez/Zdenek Matl)
Deny Request for Reconsideration and adopt Executive Director's response to comments and issue the permit, RH/RM
Item 3. Docket No. 2003-0499-MWD. Consideration of permit application # 10161-001, submitted by CITY OF DUMAS, for a permit renewal to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 1,440,000 gallons per day via surface irrigation of 525 acres of land. This application was submitted to the TCEQ on May 11, 2001. The existing wastewater treatment facility serves the City of Dumas. The facility and disposal site are located approximately 1.0 mile east of U.S. Highway 287, south of the City of Dumas on East 20th Street in Moore County, Texas. The facility and disposal site are located in the drainage basin of Lake Meredith in Segment No. 0102 of the Canadian River Basin. The commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Kent H. Trede / Todd Burkey)
Deny hearing request, adopt Executive Director's response to comments and issue the permit, RH/KW. All Agree
Item 4. Docket No. 2003-0544-MWD. Consideration of permit application # 13596-001, submitted by NANTUCKET LIMITED, for a permit renewal to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. This application was submitted to the TCEQ on December 30, 1999. The existing wastewater treatment facility serves a small residential community. The facility is located southeast of College Station, off the southern right-of-way line of State Highway 6, approximately 4.1 miles southeast of the intersection of State Highway Loop 507 and State Highway 6 in Brazos County, Texas. The commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Kent H. Trede / Jacquelyn Boutwell)
Remanded to Executive Director
DISTRICT MATTER
Item 5. Docket No. 2003-0330-DIS. Consideration of an application by Fort Bend County Water Control and Improvement District No. 3 requesting approval of additional powers to provide drainage services within the District pursuant to Texas Water Code, Section 51.332. (TCEQ Internal Control No. 01072003-D06; Rob Cummins, Todd Burkey)
Grant application by Fort Bend County Water Control and Improvement District No. 3, RH/RM. All Agree
AGRICULTURAL ENFORCEMENT DEFAULT ORDER
Item 6. Docket No. 2001-0821-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Rowntree Cattle Company, L.L.C. in Erath County; TCEQ ID No.: NONE; for dairy operation water quality violations pursuant to the 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 Nash Petty, Mac Vilas)
Issue default order, RH/KW. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 7. Docket No. 2002-1006-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crockett Gas Processing Company in Crockett County; Air Account No. CZ-0011-M; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Sheila Smith, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 8. Docket No. 2002-0991-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Degussa Corporation in Aransas County; Air Account Number AD-0001-F; 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. (Audra Baumgartner, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 9. Docket No. 2002-1329-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tenaska III Partners, LTD. dba Tenaska III Texas Partners in Lamar County; Air Account No. LA-0045-F; 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. (Thomas Greimel, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 10. Docket No. 2003-0090-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Western Gas Resources, Inc. in Pecos County; Air Account No. PE-0195-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. (Sheila Smith, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 11. Docket No. 2002-1363-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Apache Corporation in Wharton County; Air Account No. WF-0098-I; 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. (Gloria Stanford, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 12. Docket No. 2002-0910-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dionisio Sotelo dba D&D Paint and Body Shop in Brazoria County; Air Account No. BL-0775-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Catherine Sherman, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 13. Docket No. 2002-1431-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Huntsman Petrochemical Corporation in Jefferson County; Regulated Entity No. 100217389, Air Account No. JE-0135-Q, Air Permit No. 16989/PSD-TX-794; 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, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 14. Docket No. 2002-0587-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Expro Engineering, Inc. in Matagorda County; Air Account No. MH-0150-F; 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. (Rebecca Johnson, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 15. Docket No. 2001-0008-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of BASF Corporation in Brazoria County; TCEQ Air Account No. BL-0021-O; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code chs. 370 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 16. Docket No. 2002-0625-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Miracles Never Cease, Inc. in Dallas County; TCEQ Air Account No. DB-1171-M; 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.(David Speaker, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 17. Docket No. 2001-0615-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Merit Energy Company in Harris County; Air Account No. HG-4368-I; 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. (Kelly W. Mego, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 18. Docket No. 2002-1022-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blue Dolphin Pipe Line Company in Brazoria County; TCEQ ID No. BL-0421-R; 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. (Benjamin J. de Leon, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 19. Docket No. 2002-1040-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lyondell-Citgo Refining, L.P. in Harris County; TCEQ ID No. HG-0048-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, including specifically 30 Tex. Admin. Code ch. 60. (Benjamin J. de Leon, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 20. Docket No. 2002-1050-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Atofina Petrochemicals, Inc. in Harris County; Air Account No. HG-4662-F; 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, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 21. Docket No. 2002-0104-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Joe Ledbetter dba Joe's Auto Body in Dallas County; TCEQ Air Account No. DB-5047-J, 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. (Benjamin J. de Leon, Mac Vilas)
Issue default order, RH/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 22. Docket No. 1999-1594-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Courtney & Company, Inc. in Galveston County; TCEQ SWR ID No. 86220; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Mac Vilas)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT DEFAULT ORDER
Item 23. Docket No. 2002-0363-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Insignia, Inc. in Comal County; TCEQ Solid Waste Registration No. 84329; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Rebecca Nash Petty, Mac Vilas)
Issue default order, RH/KW. All Agree
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDERS
Item 24. Docket No. 2002-0401-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harlingen Consolidated Independent School District in Cameron County; Petroleum Storage Tank Facility No. 54006; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Mac Vilas)
Reposted as Item #66
Item 25. Docket No. 2002-1093-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Westphalia Water and Sewer Supply Corporation in Falls County; Water Quality ID No. 13571-001 and Air Account No. FA-0061-E; for air quality and water quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (David Van Soest, Mac Vilas)
Issue agreed order, RH/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 26. Docket No. 2002-0950-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nathaniel Energy Corporation in Dallas County; TCEQ Tire Storage Registration No. 44115; 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. (Cheryl Thompson, Mac Vilas)
Issue agreed order, RH/KW. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 27. Docket No. 2002-1336-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Military Highway Water Supply Corporation in Hidalgo County; Texas Pollutant Discharge Elimination System Permit No. 13462-001; 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. (Steven Lopez, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 28. Docket No. 2002-0336-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kingsville in Kleberg County; Water Quality Permit No. 0010696-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Edward R. Moderow, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 29. Docket No. 2000-0395-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Longview in Greg County; TCEQ ID No. 10589-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Mac Vilas)
Issue agreed order, RH/KW. All Agree
ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT AGREED ORDER
Item 30. Docket No. 2002-1330-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Majid Asadifar dba Westwood Auto Parts in Fort Bend County; On-Site Sewage Facility Permit No. 079072; for on-site sewage facility violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Subhash Jain, Mac Vilas)
Issue agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 31. Docket No. 2002-0422-PST-E. Consideration of an Agreed Order assessing administrative penalties against C & R Distributing, Inc. in El Paso County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jill Kelley, Mac Vilas)
Remanded to the Executive Director
Item 32. Docket No. 2002-0760-PST-E. Consideration of an Agreed Order assessing administrative penalties against Metro Stores, Inc. dba Antoine Chevron in Harris County; Petroleum Storage Tank Facility ID No. 0074381; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Catherine Sherman, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 33. Docket No. 2002-1309-PST-E. Consideration of an Agreed Order assessing administrative penalties against Advance Petroleum Distributing Company, Incorporated in Tarrant County; TCEQ Facility ID No. None; RN No. 102485877; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra, P.E., Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 34. Docket No. 2002-0978-PST-E. Consideration of an Agreed Order assessing administrative penalties against Flash Mart Stores, Inc. dba Sylvan Texaco in Dallas County; Petroleum Storage Tank ID No. 0072629 ; 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. (J. Craig Fleming, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 35. Docket No. 2002-1010-PST-E. Consideration of an Agreed Order assessing administrative penalties against Grady Crawford Construction Company, Inc. in Gregg County; Petroleum Storage Tank Facility ID No. 41086; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Carolyn V. Lind, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 36. Docket No. 2002-1361-PST-E. Consideration of an Agreed Order assessing administrative penalties against La Lomita Transport Company, Inc. in Starr County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Sandra Hernandez Alanis, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 37. Docket No. 2001-1486-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lytle Quik-Stop Corp. dba Lytle Fast Stop and Terry Giannas dba Lytle Quik-Stop in Atascosa County; Petroleum Storage Tank Facility ID No. 0072533; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Todd Huddleson, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 38. Docket No. 2003-0072-PST-E. Consideration of an Agreed Order assessing administrative penalties against Craig and Tina Robin dba Lakeview Hardware and Grocery in Orange County; Petroleum Storage Tank Facility ID No. 0074677; 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, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 39. Docket No. 2002-0709-PST-E. Consideration of an Agreed Order assessing administrative penalties against P.M. Fuel Service, Incorporated in Dallas County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 40. Docket No. 2001-1156-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dr Pepper Bottling Company of Texas dba Big Red/Seven Up Bottling Company of South Texas in Nueces County; Petroleum Storage Tank Facility ID No. 47841; for petroleum storage tank violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash Petty, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 41. Docket No. 2002-0641-PST-E. Consideration of an Agreed Order assessing administrative penalties against Pilkington's Big Tex Oil Distributors, Inc. in Bell County; Common Carrier ID No. WA00017; 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. (Troy D. Nelson, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 42. Docket No. 2002-0845-PST-E. Consideration of an Agreed Order assessing administrative penalties against Pilkington's Big Tex, Inc. in Bell County; TCEQ PST ID Nos. 11564 and 46789; 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. (Troy D. Nelson, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 43. Docket No. 2001-1010-PST-E. Consideration of an Agreed Order assessing administrative penalties against Saba Nassif dba OST Chevron in Harris County; TCEQ PST ID No. 0029293; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Troy D. Nelson, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 44. Docket No. 2001-1065-PST-E. Consideration of an Agreed Order assessing administrative penalties against Brant-Sta, Inc. dba Max-A-Mart in Rains County; TCEQ PST Facility ID No. 60014; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 45. Docket No. 2002-1195-PST-E. Consideration of an Agreed Order assessing administrative penalties against Desert Hills, L.P. dba Desert Hills Carwash & Convenience Store in El Paso County; Petroleum Storage Tank Facility ID No. 0073172; 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. (Bradley Brock, Mac Vilas)
Issue agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 46. Docket No. 2001-0336-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Calderon Enterprises, Incorporated in Dallas County; TCEQ ID No. 0015578; for petroleum storage tank violations pursuant to the Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Mac Vilas)
Issue default order, RH/KW. All Agree
PETROLEUM STORAGE TANK MOTION TO VACATE ENFORCEMENT DEFAULT ORDER AND SUBSTITUTE AGREED ORDER
Item 47. Docket No. 2002-0557-PST-E. Consideration of a Motion to Vacate the Default Order and substitute the Agreed Order and the Agreed Order assessing administrative penalties against Proton PRC, Ltd. in Henderson County; TCEQ ID No. None; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (David Speaker, Mac Vilas)
Grant motion to vacate and substitute agreed order and adopt agreed order, RH/KW. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 48. Docket No. 2000-0920-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Darryl Winstead and Marjorie Winstead dba San Gabriel Water Works and Indian Springs Water Works in Travis and Williamson Counties; Public Water System Nos. 2460046 and 2270210; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Brian Lehmkuhle, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 49. Docket No. 2002-0848-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Allen Watts dba Lago Vista Water Supply in Guadalupe County; TCEQ PWS ID No. 0940029; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Mac Vilas)
Continued to August 6th Agenda
Item 50. Docket No. 2002-0774-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Carlos Flores dba Del Rio Fisherman's Headquarters in Val Verde County; TCEQ PWS ID No. 2330016; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Benjamin de Leon, Sunday Udoetok)
Issue agreed order, RH/KW. All Agree
Item 51. Docket No. 2001-0138-PWS-E. Consideration of an Agreed Order assessing administrative penalties against A.D. Stenger dba Ridgewood Village Water System in Travis County; TCEQ PWS ID No. 2270015; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Darren Ream, Mac Vilas)
Issue agreed order, RH/KW. All Agree
Item 52. Docket No. 2001-1379-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Walter J. Carroll Water Company, Inc. at Emerald Forest, Grande Casa, Spanish Grant, and Lakeview Ranchettes in Ellis County; TCEQ PWS ID Nos. 0700057, 0700058, 0700063, and 0700064; CCN No. 11543; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Mac Vilas)
Issue agreed order, RH/KW. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 53. Docket No. 2002-0374-PWS-E. Consideration of a Default Order assessing administrative penalties against ABF, Inc. dba Clearwater Distribution in Harrison County; TCEQ PWS ID No. 1020063; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Troy D. Nelson, Mac Vilas)
Continued to August 6, 2003, RM/RH. All Agree
MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDERS
Item 54. Docket No. 2003-0697-UCR. Consideration of whether to affirm, modify or set aside an Emergency Order requiring the City of Donna (Donna) in Hidalgo County, Texas, to continue to provide continuous and adequate water and sewer service to Victoria Palms Resort, Inc., (VPR) pursuant to Texas Water Code Section 13.041(d)(1) and Title 30, Section 291.14(a)(1) of the Texas Administrative Code. The Commission considered VPR's application at an emergency agenda meeting on June 27, 2003, and issued an Emergency Order requiring Donna to reinstate water and sewer service to VPR. The Emergency Order expires on July 27, 2003, unless extended. (Todd Burkey, Sheresia Perryman)
Affirm and modify the emergency order to extend it to 150 days, and instructed staff to fast track application, RM/KW. All Agree
Item 55. Docket No. 2003-0604-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on June 23, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code sections 5.501(c)(1), 5.507, and 13.4132 to address the abandonment of a retail public utility (Utility) by V V Water Supply System, Inc., located on the north side of Farm-to-Market 426, 3 miles east of loop 288, Denton, Denton County, Texas; TCEQ PWS No. 00610052; CCN No. 11524; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. The Emergency Order appointed Joe Mulroy as temporary manager of the Utility. (Robert Hernandez)
Affirm the Emergency Order, RH/RM. All Agree
RULE MATTERS
Item 56. Docket No. 2003-0080-RUL. Consideration for adoption of the repeal of Sections 122.131 and 122.511 - 122.516 in 30 TAC Chapter 122, Federal Operating Permits Program; and approval of the inclusion of previously adopted Section 122.217 in the Texas state implementation plan (SIP).
The adoption would repeal Sections 122.131 and 122.511 - 122.516, which are obsolete requirements for the phased permit process and industry and county-specific general operating permits. The commission action also would approve the submission to the United States Environmental Protection Agency of the previously adopted Section 122.217 to be included in the SIP. The proposed rules were published in the March 21, 2003 issue of the Texas Register (28 TexReg 2466). (Beryl Thatcher, Terry Salem, Debra Barber) (Rule Log No. 2002-056-122-AI)
Adopt amendments to 30 TAC Chap 122 and approve the inclusion of previously adopted Section 122.217 in the Texas state implementation plan (SIP), RH/KW. Marquez absent from dais.
Item 57. Docket No. 2003-0619-RUL. Consideration for publication of, and hearing on, proposed amended Section 290.108, Radionuclides Other than Radon, of 30 TAC Chapter 290, Public Drinking Water. The proposed amendment would limit the level of uranium in water supplied by community public water systems and would revise the monitoring requirements for combined radium-226 and radium-228, gross alpha particle radioactivity, and beta and photon radioactivity. (Tony Bennett, John Deering, Ray Austin) (Rule Log No. 2001-022-290-WT)
Continued for 1 year, KW/RM. All Agree
Item 58. Docket No. 2003-0588-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 290, Public Drinking Water, Sections 290.38, 290.39, 290.41 - 290.47, 290.104, 290.106, 290.107, 290.111, 290.117, 290.121, and 290.122.
The proposed amendments would address requirements of the federal Long Term 1 Enhanced Surface Water Treatment Rule, Filter Backwash Recycling Rule, Lead and Copper Rule Minor Revisions, and Public Notification Rule promulgated by the United States Environmental Protection Agency. The proposed amendments would also specify how the agency implements the minimum capacity requirements for public water system facilities and adopt a performance standard for the laboratories at surface water treatment plants. (Jack Schulze, Geoff Kirshbaum, Ray Austin) (Rule Log No. 2003-013-290-WT)
Reposted as Item No. 65
Item 59. Docket No. 2003-0309-RUL. Consideration of the adoption of amended Sections 213.3 and 213.5 of 30 TAC Chapter 213, Edwards Aquifer.
The adoption would implement Texas Civil Statutes, Article 3271b, Texas Geoscience Practice Act, by requiring a person who prepares and submits geoscientific information to the agency to be a licensed professional geoscientist. The proposed rules were published in the May 2, 2003 issue of the Texas Register (28 TexReg 3700). (Julie Talkington, John Williams, Michael Bame) (Rule Log No. 2001-051A-213-WT)
Approve adoption of amendments 30 TAC Chapter 213, Edward Aquifer, RM/RH. White absent from dais.
Item 60. Docket No. 2003-0305-RUL. Consideration of the adoption of amended Sections 312.8, 312.50, and 312.64 of 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation; and amended Sections 321.32, 321.35, 321.39, 321.55, 321.252, 321.255, 321.271, and 321.274 of 30 TAC Chapter 321, Control of Certain Activities by Rule.
The adoption would implement Texas Civil Statutes, Article 3271b, Texas Geoscience Practice Act, by requiring a person who prepares and submits geoscientific information to the agency to be a licensed professional geoscientist. Article 3271b also allows certain specified engineers to publicly practice geoscience. The proposed rules were published in the May 16, 2003 issue of the Texas Register (28 TexReg 3919). (Michael Chadwick, John Williams, Michael Bame) (Rule Log No. 2001-051C-312-WS)
Approve adoption of 30 TAC Chap 312, Sludge Use, Disposal, and Transportation, RM/RH. White absent from dais.
Item 61. Docket No. 2002-1423-RUL. Consideration of the adoption of new Sections 90.50, 90.52, 90.54, 90.56, 90.58, 90.60, 90.62, 90.64, 90.66, 90.68, 90.70, and 90.72 of 30 TAC Chapter 90, Regulatory Flexibility and Environmental Management Systems.
The adoption would implement Texas Water Code, Section 5.755, added by House Bill 2912, 77th Legislature, 2001, which directs the commission to develop an initial rule for a strategically directed regulatory structure that will provide incentives for enhanced environmental performance based on a person's compliance history classification and voluntary measures undertaken by the person to improve environmental quality. A person may apply for regulatory incentives by meeting the criteria regarding compliance history and voluntary measures and either the regulatory flexibility requirements found in Chapter 90, Subchapter B; the requirements for using an environmental management system found in Chapter 90, Subchapter C; the requirements for flexible permits under 30 TAC Chapter 116; or the requirements for programs authorized as innovative by the executive director. A person may not apply for incentives under the occupational licensing programs or other programs specifically exempted by statute. These adopted rules also contain provisions that provide for a single point of contact within the agency for innovative programs; allow the person or executive director to terminate the regulatory incentives granted under these rules; and require the applicant to provide notice and allow an opportunity for public comment. The proposed rules were published in the March 7, 2003 issue of the Texas Register (28 TexReg 2023). (Chris Brown, David Guarino, Dan Joyner, Kathy Ramirez) (Rule Log No. 2001-072-090-AD)
Approve adoption of 30 TAC Chap 90, Regulatory Flexibility and Environmental Management Systems, RH/RM. All Agree
Item 62. 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.
Did Not Meet in Executive Session
Item 63. 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.
Did Not Meet in Executive Session
Item 64. 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.
Did Not Meet in Executive Session
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TCEQ AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TCEQ AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, July 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 65. Docket No. 2003-0588-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 290, Public Drinking Water, Sections 290.38, 290.39, 290.41 - 290.47, 290.104, 290.106, 290.107, 290.111, 290.117, 290.121, and 290.122.
The proposed amendments would address requirements of the federal Long Term 1 Enhanced Surface Water Treatment Rule, Filter Backwash Recycling Rule, Lead and Copper Rule Minor Revisions, and Public Notification Rule promulgated by the United States Environmental Protection Agency. The proposed amendments would also: specify how the agency implements the minimum capacity requirements for public water systems; provide requirements for laboratories at surface water treatment plants; describe air relief device requirements; revise sanitary control easement, operator certification, security, maintenance, meter calibration, and electrical wiring requirements; revise reporting requirements; add items to "Appendix I, Assessment of Hazard and Selection of Assemblies;" reorganize and modify source water, water treatment, and turbidity requirements; and provide non-substantive revisions, including typographical error and formatting corrections, to conform with Texas Register requirements. (Jack Schulze, Geoff Kirshbaum, Ray Austin) (Rule Log No. 2003-013-290-WT)
Approve publication and hearing, RH/RM. All Agree
Item 66. Docket No. 2002-0401-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harlingen Consolidated Independent School District in Cameron County; Petroleum Storage Tank Facility No. 54006 and Water Quality Permit No. 11659-001; for petroleum storage tank and 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. (Sandra Hernández Alanís, Mac Vilas)
Issue agreed order, RH/KW. All Agree


OLD BUSINESS AGENDA

Wednesday, July 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from Agenda of June 18, 2003.
Item 1. TCEQ Docket No. 2002-1115-UCR; SOAH Docket No. 582-03-0674. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the City of Elgin's Petition to Cancel Certificate of Convenience and Necessity No. 20120 in Bastrop County, Texas.
Continued to September 10th Agenda


AGENDA

Wednesday, July 23, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2001-0305-AIR-E; SOAH Docket No. 582-02-2950. Consideration of the Administrative Law Judge's Proposal for Decision and Order alleging that Lindon Stewart burned and disposed of household and construction debris in violation of the Texas Health and Safety Code and the Commission's rules. The respondent, at the time of violations, was located at 5620 Fall Creek Highway, Grandbury, in Hood County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order with changes, RH/RM. All Agree