Commissioner Baker, who serves as Governor Rick Perry’s designee on the Restoration Council, will join federal officials to take public comment on the Restoration Council’s Draft Initial Comprehensive Plan to restore the ecosystem and economy of the Gulf Coast Region.

Monday, June 10, 2013 – 6:00-8:00 p.m.
Texas A&M University, Galveston
200 Seawolf Parkway, Bldg 3007

The Council released the Draft Initial Comprehensive Plan this afternoon. To view the Plan and associated documents, and to get additional details on the upcoming public meetings as they become available, visit RestoretheGulf.gov

 Online comments can be submitted here. 

The Gulf Coast Ecosystem Restoration Council is comprised of governors, or their designees, from five affected Gulf Coast states, the Secretaries from the U.S. Department of the Interior, Commerce, Agriculture, and Homeland Security, as well as the Secretary of the Army, and the Administrator of the U.S. Environmental Protection Agency. The council is chaired by the Secretary of Commerce.

See more details on the June 10 meeting.

Persons with disabilities who need special accommodations at the meeting should call the TCEQ's Office of the Chief Clerk at 512-239-3300 or 1-800-RELAY-TX (TDD) at least one week prior to the meeting.

Agreed orders were issued for the following enforcement categories: 18 air quality, one industrial hazardous waste, three industrial waste discharge, three multi-media, one municipal solid waste, 11 municipal waste discharge, 15 petroleum storage tank, 15 public water system, and two water quality.

Default orders were issued for the following categories: one dry cleaner; one industrial waste discharge; one municipal solid waste; four petroleum storage tank, of which two were default and shut-down orders; and one public water system.

Included in the total are fines of $265,562 against Zenergy, Inc. in Brazoria County for failure to install vapor recovery systems and air emissions violations stemming from an investigation on Jan. 28, 2011. Further violations in this order include failure to obtain proper authorizations. The affected oil and gas well was capped on Jan. 17, 2011 and did not resume production until it was properly authorized.

In addition, on April 24, April 25, May 16 and May 17, 2013, the executive director approved  144 agreed orders, each $7,500 or less, totaling $462,347.

The TCEQ's next agenda meeting is scheduled for June 5, 2013. Agenda items from all commission meetings and work session agendas can be viewed on the TCEQ website. The meeting is also webcast live for free, and archived meetings are available.

June 27, 2013--Tyler
Holiday Inn South Broadway, 5701 South Broadway

July 18, 2013—New Braunfels
New Braunfels Civic Convention Center, 375 S. Castell Avenue

August 1, 2013--Brownwood
4-H Conference Center, 5600 FM 3021

The workshops will educate dam owners about state dam safety laws and regulations, dam failure modes and case histories, owner responsibilities/liabilities and security issues, dam operations, maintenance and inspections, and developing and implementing emergency action plans.

Lunch and refreshments are included in the registration fee. Participants will also receive a copy of the Dam Owner and Operator Safety Workshop Participant Manual, and have the opportunity to speak one-on-one with TCEQ dam safety personnel.

Early registration cost for the workshop is $49. Workshop hours are from 8:30 a.m. to 1:30 p.m., with registration sign-in beginning at 8:00 a.m. Walk-in and on-site registrations will be accepted.

Registration is available online. For questions about the workshops, contact Mary Kelley at 512-239-3143, or Warren Samuelson at 512-239-5195, or by e-mail.

The Texas Commission on Environmental Quality today reiterated its commitment to international cooperation at the state level, by signing a memorandum of cooperation between the TCEQ and its counterpart in Coahuila, Secretaría de Medio Ambiente de Coahuila (SEMA).

SEMA Secretary Biol. Eglantina Canales Gutiérrez and TCEQ Commissioner Carlos Rubinstein (front) sign memorandum of cooperation, as Coahuila Director of Conservation Alejandra Carrera, Coahuila Attorney General Javier de Jesús Rodríguez, TCEQ Chairman Bryan W. Shaw, Ph.D., and TCEQ Commissioner, Toby Baker look on.

The Texas Commission on Environmental Quality today reiterated its commitment to international cooperation at the state level, by signing a memorandum of cooperation between the TCEQ and its counterpart in Coahuila, Secretaría de Medio Ambiente de Coahuila (SEMA).

TCEQ Commissioner Carlos Rubinstein and SEMA Secretary Biol. Eglantina Canales Gutiérrez met during the TCEQ’s annual Environmental Trade Fair to celebrate the historic event.

“There are many areas where we can work together to protect our shared environment,” said Commissioner Rubinstein. “This agreement provides the framework for us to work collectively to solve environmental problems we both face.”

“This agreement reaffirms the good will that exists between our two states to collaborate in all matters related to conservation and management of our natural resources, seeking to improve the quality of life of our residents,” said Secretary Canales.

The TCEQ and Coahuila have partnered since 1997 on cooperative environmental agreements, including exchanges of technical data and siting of ambient air monitors.

Among this year’s award recipients: a creative landscaping project at a national cemetery, a wildlife habitat conservation plan along a national wildlife refuge, an 11-year-old’s effort to keep his city clean, a university’s innovation to destroy a invasive species impacting the environment, a coordinated effort to save a creek, a pioneering way to reduce airplane manufacturing waste, a coalition formed to help balance an aquatic ecosystem, a chemical company’s dedication to water conservation, a refinery’s alternative energy efforts, and a coal company’s restoration initiative.

Created by the Texas Legislature in 1993, the Texas Environmental Excellence Awards honor individuals, organizations, and businesses that protect our state’s human and natural resources while ensuring clean air, clean water, and the safe management of waste.

“This is the fifth year I have been involved in this presentation, and awarding these recipients continues to be a special honor,” said Chairman Bryan Shaw, Ph.D.  “I applaud their dedication to our natural resources, and service to our state.”

“It doesn’t surprise me these award winners call Texas home.  Their commitment to the environment, and their innovative efforts embody what I believe makes Texans outstanding stewards of our bountiful natural and human resources,” said Commissioner Carlos Rubinstein.

“From a corporation, to an 11-year-old child, the initiatives shown by these honorees serve as an inspiration to us all – that each of us, individually, can do our part to protect our state’s environment,” said Commissioner Toby Baker.

The TCEQ commissioners will present the awards to the winners at a banquet, to be held May 1, 2013, as part of the TCEQ Environmental Trade Fair and Conference at the Austin Convention Center, April 30 - May 1, 2013.

2013 Texas Environmental Excellence Award winners:

BRAZORIA

Dow Chemical (Category: Water Conservation)

CHILDRESS

Texas Water Resources Institute, Texas A&M AgriLife (Category: Agriculture)

CONROE

Conroe Habitat Improvement Project Coalition (Category: Civic/Community)

DALLAS

Associated Air Center (Category: Pollution Prevention)

DUMAS

Diamond Shamrock Refining (Category: Technical/Technology)

EL PASO

U.S. Department of Veterans Affairs, Fort Bliss National Cemetery (Category: Water Conservation)

JEWETT

Westmoreland Coal Company (Category: Innovative Operations/Management)

LAREDO

Oscar Medina IV (Category:  Youth)

RIO HONDO

Mary Jo Bogatto (Category:  Individual)

SAN MARCOS

Texas State University (Category: Education)

Default orders were issued for the following enforcement categories: one Edwards Aquifer, one irrigation licensing, one municipal solid waste, two petroleum storage tank, and two public water system.

There were two petroleum storage tank default and shutdown orders.

In addition, on April 16, the executive director approved 61 agreed orders, each $7,500 or less, totaling $151,204.

Information on today's agenda items is available for viewing.

The TCEQ's next agenda meeting is scheduled for May 22.  Agenda meetings are webcast live through TexasAdMin.com , where archived meetings are also available.

1) TCEQ first arrived on-site at 9:37 p.m., Wednesday evening. The TCEQ Mobile Command Post arrived at 4:00 a.m., Thursday morning and is located a ½ mile from the blast site in West. It was up and running at 5:00 a.m. We  are working under the incident command and are the lead for coordinating state assets to conduct air monitoring, plume modeling, and assessing all environmental concerns. Environmental assessments are underway.

2) To address immediate safety concerns, 12 Area RAE monitors have been set up around perimeter to monitor the air at distances ranging from a half-mile to a quarter-mile.  At first light an entry team of TCEQ Emergency Response  Contractors, 6th Civil Support Team, and EPA Contractors began to characterize the site to determine current facility emissions within the exclusion zone. TCEQ is actively monitoring air quality to assess any immediate health effects or threats.

At TCEQ headquarters in Austin, staff have compiled information about the company’s permits and compliance history.

AIR PERMIT AUTHORIZATIONS:

           There are two air permit authorizations:

a.  Permit #79803 for two 12,000-gallon anhydrous ammonia storage tanks; and

b.  Permit #80404 for the material loading and storage operations of dry fertilizer materials.

The first air permit was issued on December 12, 2006 after technical review and with no comments received following an opportunity for public comment and contested case hearing.

The second permit was issued on March 15, 2007 after technical review and with no comments received following an opportunity for public comment and contested case hearing.

West Fertilizer Co. was originally constructed in 1962 prior to state and federal requirements to obtain authorization for emission of air contaminants. As a result, this facility was ‘grandfathered’ until state law required grandfathered facilities to obtain authorization, in this instance, September 1, 2004. Following a 2006 citizen complaint, the TCEQ investigated and issued a notice of violation.

In addition, to all appropriate rules and regulations of the agency, the facility operates under general and special permit conditions and other technical requirements. 

More specifically, the applications were reviewed for protectiveness to ensure that emissions from normal, day to day operations would not have impacts off property. For the anhydrous ammonia application this included air dispersion screen modeling as well as special conditions in the permit to mitigate potential releases of ammonia. While this permit contains requirements that reduce the risk of an ammonia release, the TCEQ does not authorize upsets or emission events.

INVESTIGATIONS:

This facility has been subject to routine oversight and complaint driven investigations:

a. Investigation No. 10077 (Incident No. 6055): Dust complaint investigation conducted September 18, 2002 to October 3, 2002 – no nuisance conditions noted.

b. Investigation No. 483529 (Incident No. 76859): Odor complaint investigation conducted June 20, 2006 - The TCEQ observed the facility had lost their grandfather permitting status and were required to obtain authorization.  Per state law, grandfathered facilities in this instance were required to file a permit application by September 1, 2004.  Notice of Violation issued on June 21, 2006 for operating without authorization and subsequently resolved on December 21, 2006 following submission of air permit application with TCEQ.  (See Investigation No. 534828 below)  

c. Investigation No. 513398:  Site review investigation conducted on September 20, 2006 - no concerns noted.

d. Investigation No. 518224:  Consistent with agency practice, TCEQ conducted an investigation and provided comment on draft permit provisions on November 2, 2006 - no additional changes made to draft permit.  Permit No. 79803 was issued on December 12, 2006 after a technical review and an opportunity for public comment period and contested case hearing.

e. Investigation No. 534828:  Follow up investigation reviewing compliance documentation conducted on December 20, 2006, regarding violation documented from Investigation No. 483529 - violation resolved by obtaining needed permits listed above.

f. Investigation No. 536904:  Consistent with agency practice, TCEQ conducted a site investigation re: draft permit provisions on January 16, 2007. 

g. Investigation No. 542417:  Consistent with agency practice, TCEQ conducted a file review re: draft permit provisions on February 28, 2007 - no additional changes made to draft permit.   Permit No. 80404 was issued on March 15, 2007 after a technical review and an opportunity for public comment period and contested case hearing.

TCEQ has not received any complaints regarding this facility since those documented above.

TCEQ is cooperating with other state, federal, and local authorities during emergency response as well as with subsequent investigations.

Commissioner Carlos Rubinstein
Texas Commission on Environmental Quality
Contact: Terry Clawson 512-239-0046

AUSTIN – Agriculture Commissioner Todd Staples and Texas Commission on Environmental Quality Commissioner Carlos Rubinstein today urged the International Boundary and Water Commission (IBWC) and the U.S. State Department to compel Mexico to deliver Rio Grande system water to the United States. Under a 1944 Treaty, Mexico must deliver an average of 350,000 acre-feet of water annually to the United States. Mexico has withheld more than 430,000 acre-feet owed to the U.S. to date, and the water deficit continues to grow, causing water suppliers across the Rio Grande Valley to run out of water.

In 2012, the IBWC was notified that millions of citizens in the Rio Grande Valley would face irreparable and catastrophic harm if Mexico did not immediately address the water deficit. Cameron County Irrigation District #2, one of the Valley’s largest irrigation districts, has notified irrigation users that as of April 12 they will no longer take orders for new water deliveries. Farmers in the district will only have access to water currently committed. This will have catastrophic consequences to crop yields in this district and may result in total crop losses in some instances. Because of the interconnected nature of Valley’s water distribution system, cities and industrial water users have difficult time acquiring water when irrigation water is exhausted.

“We are facing an absolute water crisis right now and we need Mexico to deliver the water entitled to Texas and the United States,” Commissioner Staples said. “We need a renewed commitment by our federal government to insist that Mexico release water belonging to the United States. In a state as large and drought-prone as Texas, water is absolutely critical to the well-being of our citizens, industries and economic health. This is not just a matter of two countries fighting over limited water. That fight happened decades ago and now we must hold Mexico to the deal to which they and we agreed.”

“Since November, the State of Texas has repeatedly warned the IBWC, the U.S. State Department and Mexico water officials in face-to-face discussions that if the Mexico water deficit issue was not resolved, this situation would occur,” said Commissioner Rubinstein. “Now it is occurring, thanks to our federal entities’ inability to secure a meaningful water delivery agreement. This is just the first domino falling, next we could see other irrigation districts running out of irrigation water, rising water prices, then inability of districts and municipalities to finance push water purchases, and finally push water simply being unavailable at any price. It is crucial to the socioeconomic structure of the Rio Grande Valley, and indeed the entire state, that the State Department steps up their commitment to have Mexico comply with the water treaty and release water to Texas.”

The Valley’s two other largest districts, Hidalgo County Water District #9 and Delta Lake Irrigation District, have announced that without substantial new inflows from Mexico or substantial rain, they too will likely stop taking orders within 30 days.

Mexico is obligated to provide water to the U.S. under the 1944 Water Treaty, unless Mexico is suffering exceptional drought conditions. As these drought maps (prepared with input from Mexico) show, Mexico’s portion of the Rio Grande basin that contributes to treaty inflows has not been under exceptional drought conditions since at least May 2012.

Addressing the IBWC, Rubinstein said, “I look forward to receiving from you very soon a credible plan we can review and gain comfort in that actually and in a meaningful way addresses this situation. Conversely, continued delays by Mexico to commit to such a plan that in fact addresses the current deficit in a meaningful way now, speaks volumes about their commitment to actual future long term plans to prevent this situation going forward.”

Texas Gov. Rick Perry recently sent a letter to President Barack Obama, requesting that he and Secretary of State John Kerry “…immediately work with the government of Mexico to ensure that it lives up to the terms of the 1944 Water Treaty.”

What others are saying:

“We were forced to stop taking water orders on Friday. We have been talking to the IBWC since November, warning them this was going to happen. What have they been doing since then?” said Sonia Lambert, General Manager, Cameron County Irrigation District #2. “We know they have been meeting in Washington D.C., but meeting without inviting any of the people who are actually being impacted by the shortages? It just seems arrogant, at best. The IBWC seems to always wait until we have a crisis, then react.”

“We will have to stop taking water orders by the end of May or early June, barring no new inflows and no substantial rains,” said Frank ‘JoJo’ White, General Manager, Hidalgo County Water District #9. “It’s frustrating that the IBWC has been aware of this for so long and yet they have not done anything. You wonder what their job description is?”

“It looks like we will run out of water and will have to stop taking orders on or about June 2,” said Troy Allen, General Manager, Delta Lake Irrigation District. “About half of our municipal suppliers are already having trouble paying for their water supply, and it’s not going to get any better for them, unless Mexico starts paying its deficit. We have warned the IBWC and warned them, and we’ve just beat that horse to death with them, and they have yet to get any significant results toward resolving the issue.”

Included in the total are fines of $162,080 against Total Petrochemicals and Refining USA, in Jefferson County, for various air quality enforcement violations. Of that total, $81,040 will be used by the Southeast Texas Regional Planning Commission, for its regional air monitoring network.

Default orders were issued for the following enforcement categories: one irrigation licensing, and one petroleum storage tank.

In addition, on April 3 and April 5, the executive director approved 95 agreed orders, each $7,500 or less, totaling $273,920.

Information on today's agenda items is available for viewing.

The TCEQ's next agenda meeting is scheduled for April 24. Agenda meetings are webcast live through TexasAdMin.com , where archived meetings are also available.

The TCEQ is responsible for protecting water rights and ensuring that water is only diverted according to permitted levels. Diversions are managed more closely in times of drought, to avoid shortages, based on the priority date of each water right—earliest first.  If restrictions become necessary, junior water rights, or those rights issued most recently, are suspended or adjusted before the senior water rights in the area.

Texas water law provides that riparian landowners, those that own land adjacent to a river or stream, have a right, superior to appropriated water rights, to take water from the river or stream for domestic and livestock purposes.

The executive director and his staff closely monitor drought conditions throughout the state and takes action when necessary to control diversions.

We encourage public water systems to implement their drought contingency plans. These plans manage water usage, reduce peak demand and extend water supplies.

Water is a precious resource, and the TCEQ encourages all Texans to conserve, especially in times of drought.

More information:

Drought 

Conservation information

Agreed orders were issued for the following enforcement categories: 13 air quality, two industrial waste discharge, two multi-media, 19 municipal waste discharge, 19 petroleum storage tank, 11 public water system, four water quality, and one water right.

Default orders were issued for the following categories: six petroleum storage tank, of which five were default and shut-down orders, and one public water system.

Penalties were also assessed in a municipal wastewater discharge case following hearings at the State Office of Administrative Hearings.

Included in the total are fines of $107,500 against E.I. Dupont de Nemours and Company in Orange County for effluent discharge and reporting violations stemming from an investigation on May 8, 2012.

In addition, on March 5, March 11, and March 22, 2013, the executive director approved 198  agreed orders, each $7,500 or less, totaling $384,218.

The TCEQ's next agenda meeting is scheduled for April 10, 2013. Agenda items from all commission meetings and work session agendas can be viewed on the TCEQ website. The meeting is also webcast live for free, and archived meetings are available.

"The State of Texas is appreciative of the Fifth Circuit’s decision to stay the lower court ruling. As we said previously, this case is an attempt to rewrite the Texas Water Code. It is critical that the state retain the ability to regulate state surface water as provided under state law, and not the Endangered Species Act."

See the U.S. Court of Appeals Order 13-40317.

Agreed orders were issued for the following enforcement categories: two air quality, two municipal solid waste, ten municipal waste discharge, eight petroleum storage tank, and one public water system.

Default orders were issued for the following enforcement categories: one Edwards Aquifer, one municipal solid waste, and one petroleum storage tank.

There were three petroleum storage tank enforcement default and shutdown order.

In addition, on February 14, the executive director approved 75 agreed orders, each $7,500 or less, totaling $195,364.

The TCEQ's next agenda meeting is scheduled for March 27.  Agenda meetings are webcast live through TexasAdMin.com, where archived meetings are also available.

Today, the Texas Senate unanimously confirmed the appointment of Toby Baker of Austin to serve as a Commissioner of the Texas Commission on Environmental Quality. Comm. Baker has been serving in that capacity since his appointment by Governor Rick Perry on April 16, 2012. His term will expire on Aug. 31, 2017.

“I am honored and humbled by the Senate’s support for my appointment,” said Baker. “When Governor Perry asked me to serve in this capacity I was excited about an opportunity to serve this great state, in a policy area about which I care deeply. Over the next four years, I will work for all Texans to offer responsible stewardship of our environment in a way that also promotes our vibrant Texas economy.”

Since his appointment, Commissioner Baker also serves as the Governor’s designee to the Gulf Coast Ecosystem Restoration Council, the Coastal Land Advisory Board, and the state’s representative to the Gulf of Mexico Alliance. Baker was most recently a policy and budget advisor on energy, natural resources, and agriculture issues for the Governor’s Office, where he was also the liaison between the office and members of the Legislature, constituents, the Railroad Commission of Texas, the TCEQ, the Texas Parks and Wildlife Department, the Texas Department of Agriculture, the Texas Animal Health Commission, and the General Land Office. He is a past natural resource policy advisor to Sen. Craig Estes, and the former director and clerk of the Texas Senate Subcommittee on Agriculture, Rural Affairs, and Coastal Resources.

Baker received a bachelor’s degree from Texas A&M University, where he was a member of the Corps of Cadets, and a Master of Public Service and Administration from the Texas A&M George Bush School of Government and Public Service. He is also a graduate of the National Outdoor Leadership School and the Governor’s Executive Development Program at the University of Texas LBJ School of Public Affairs.

He is married and has two sons.

Default orders were issued for the following enforcement categories:  one petroleum storage tank and one public water system.

There was one petroleum storage tank enforcement default and shutdown order.

In addition, on February 6, the executive director approved 70 agreed orders, each $7,500 or less, totaling $149,789.

Commissioners today voted to affirm, with certain modifications, an Emergency Order issued by the executive director on January 29, to the Lower Colorado River Authority, to amend its 2010 Water Management Plan.

The TCEQ's next agenda meeting is scheduled for February 27. Agenda meetings are webcast live through TexasAdMin.com , where archived meetings are also available.