TCEQ Commission Marked Agenda, 7 April 2004

Kathleen White

Ralph Marquez

Larry Soward

OLD BUSINESS AGENDA

Wednesday, April 7, 2004

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S

Continued from the February 25, 2004 agenda.

Item 1. Docket No. 2003-1490-RUL. Consideration for publication of proposed amended Sections 288.1 - 288.5, 288.20 - 288.22, and 288.30 of 30 TAC Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements.

This rulemaking would implement House Bill 2660, 78th Legislature, Regular Session, 2003, which amended Texas Water Code, §11.1271, to require that certain existing surface water right holders and future surface water right applicants include specific and quantified five-year and ten-year targets for water savings within their water conservation plans by May 1, 2005. This rulemaking will also implement House Bill 2663, 78th Legislature, Regular Session, 2003, which amended Texas Water Code, §11.1272, to establish target quantifiable goals for drought contingency plans of wholesale and retail public water suppliers and irrigation districts by May 1, 2005. (Bill Billingsley, Kathy Brown, Kathy Ramirez) (Rule Project No. 2004-004-288-WT)

Approve rule package for publication as amended by Executive Director to change “quantifiable” to “quantified” throughout the rule package and the add the following language to the section-by-section discussion section of the preamble: “The commission specifically solicits comments on changes to ensure entities preparing water conservation plans assess all reasonable water conservation measures in deciding what options to include and to ensure that the commission has adequate information for reviewing applications for new or amended permits to ensure that all appropriate conservation measures are included.” KW/LS; all agree.

AGENDA

Wednesday, April 7, 2004

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S

HEARING REQUESTS

Item 1. Docket No. 2004-0216-IWD. Consideration of permit application 03477, submitted by Inteplast Group, Ltd. for a major amendment with renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 03477 to authorize the discharge of contact and non-contact cooling water from additional sources via Outfall 001; authorize the discharge of fire-fighting water, potable water, landscape drainage, and facility (buildings & pavement) washwater via Outfalls 002 and 003; and to authorize the routing of reverse osmosis regenerate water to the metal removal treatment system and eventual discharge via Outfall 001. The current permit authorizes the discharge of contact cooling water, non-contact cooling water (from HVAC and chiller systems), cooling tower blowdown, reverse osmosis reject water, and treated domestic wastewater (previously monitored at Outfall 101) at a daily average flow not to exceed 533,000 gallons per day via Outfall 001; and storm water runoff, raw water from the fire protection system, and air conditioning condensate on an intermittent and flow variable basis via Outfalls 002 and 003. Issuance of this TPDES permit will replace the existing TPDES Permit No. 03477, issued on June 1, 1999. The applicant operates a plastics extrusion facility manufacturing plastic film, plastic bags, and plastic corrugated sheets. The plant site is located at 101 Inteplast Blvd., adjacent to Farm-to-Market Road 1593, approximately 3.5 miles south of the City of Lolita, Jackson 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/Michael Sunderlin)

Continue to May 26, 2004 agenda to allow for mediation efforts by ADR and to allow the ED the opportunity to file a revised Response to Comments and Response to Hearing Request. RM/KW; all agree.

Item 2. Docket No. 2004-0054-MSW. Consideration of an application by the City of Anson for a permit (Proposed Permit No. 2301) to authorize a new Type I-AE municipal solid waste disposal facility. The proposed site covers approximately 51.21 acres. The facility is to be located approximately 9 miles east of the City of Anson, approximately one mile west of the intersection of U.S. Highway 180 and FM 600 in Jones County. The commission will also consider requests for hearing and related responses and replies, public comment and the Executive Director's Response to Comments. (Wesley McCoy/Todd Galiga)

Grant the hearing requests of Mike & Suzanne Alexander, Alexander Cattle Company, Jet & Cherry Bartlett, Vance Boyd, Dana Smith Holt, and Monty & Charlotte Vogler; deny all other hearing requests; refer to SOAH for a maximum duration of 9 months from the date of the preliminary hearing on the following issues: (1) does the proposed permit qualify for an arid exemption, (2) does the Applicant’s compliance history and lack of experience justify additional permit conditions or a limited permit term, (3) is the facility compatible with surrounding land use and projected growth and development, (4) is groundwater monitoring required, (5) are the proposed surface water controls adequate, (6) does the site violate site selection criteria regarding floodplains, (7) is the proposed landfill compatible with the Regional Solid Waste Plan, (8) does the application include adequate proof of property interests, (9) has the applicant submitted a complete and accurate application, (10) are the proposed buffer zone and screening adequate, (11) does the application contain adequate information on geology and hydrology, (12) are the landfill cells, liner, and cover properly designed, (13) is the proposed Site Operating Plan adequate, (14) is the Applicant’s evaluation of endangered or threatened species adequate, (15) does the application include adequate transportation information, (16) is the proposed financial assurance for the landfill adequate, (17) should the permit be for the life of the landfill, (18) will the landfill adversely affect the requesters’ use and enjoyment of their land and homes, (19) will the landfill create nuisance conditions for the requesters, (20) will the landfill adversely affect the requesters’ surface and ground waters, and (21) will dust, odors, and air pollutants from the landfill adversely impact the health of the requesters and their families. KW/LS; all agree.

Item 3. Docket No. 2004-0215-AIR. Consideration of application by Terrie L. O’Brien dba All Pets Go To Heaven Crematorium for Air Quality Permit No. 53363 to authorize the construction of an animal carcass incinerator. The proposed facility is located 3140 FM 780, in Ferris, 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. (Adam Talianchich/Rebecca Davis).

Grant the hearing requests of Robert & Michele Batchler, Abinadad Carillo, Jesus Gallardo, Saul Gallardo, Roberto Quezada, Jorge Diaz, Karen Garcia, Gerardo Jaquez, Jose Montes, Carlos & Hermila Frias, Cecilia Frias, Elizabeth Rodriguez, Diane Spurgin, C. R. & Florine Talkington, Don & Judy Thomas, Sharon Williams, and Enrique & Cindy Zuniga; allow the hearing requests of Presley & Donna Miller, Carolyn Kuykendall, Terry Cross, and Todd & Jeannette Adams to be considered by the Administrative Law Judge (ALJ) for party status; refer to SOAH for a maximum duration of 6 months from the date of the preliminary hearing on the following issues: (1) will operation of the facility adversely affect human health; and (2) will operation of the facility adversely affect the ability of nearby residents to use and enjoy their property. KW/RM; all agree.

AGRICULTURAL ENFORCEMENT AGREED ORDERS

Item 4. Docket No. 2003-0046-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pilgrim Poultry, G.P. in Camp County; TCEQ ID No. 04032; for 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. (Paul Sarahan, Lisa Lemanczyk)