The TCEQ Alternative Fueling Facility Program (AFFP) grants are part of the Texas Emissions Reduction Plan, and are offered to eligible entities that intend to build stations dispensing alternative fuels within the EPA defined non-attainment areas of Houston-Galveston-Brazoria, Dallas-Fort Worth, and El Paso. These fueling stations must be located within the county boundaries of the EPA designated non-attainment counties and must be made available to the public.

Eligible projects will offset a portion of the cost of either the construction of new facilities dispensing alternative fuel to vehicles and equipment, or the substantial reconstruction of existing facilities to provide new services or capabilities dispensing alternative fuel to vehicles and equipment.

Eligible alternative fuels will include: biodiesel, hydrogen, methanol, natural gas, propane, and electricity.

Grant applications will be accepted until July 31, 2012, 5:00 p.m. CDT.

TCEQ will conduct a grant application workshop to review AFFP grant requirements and application procedures for potential applicants. The workshop will be held June 13, 2012, 1:30 p.m. at TCEQ Austin headquarters, 12100 Park 35 Circle, Building F, Room 2210.  Additional workshops in other areas of the state are under consideration. Notice will be posted on the TERP Web page if scheduled.

Map of eligible counties.

For additional up-to-date information on the grant application process, eligibility requirements, and copies of the application forms for the AFFP, visit the Texas Emissions Reduction Plan website, or call 800-919-TERP (8377).

The workshops are designed to build consensus among toxicologists in government, industry and the non-profit sector, on risk assessment methods for developing safe levels of chemicals.  During the fourth workshop, a panel of scientists will discuss case studies designed to illustrate risk assessment recommendations.

“This workshop series is helpful to illustrate how the recommendations of the National Academy of Sciences can be applied to real-world issues,” says Dr. Michael Honeycutt, chief toxicologist for the TCEQ. “I am proud the TCEQ is hosting this workshop that will bring a panel of esteemed scientists to Austin to evaluate and discuss case studies on the latest scientific methods in risk assessment.”

Sessions will be webcast at no charge beginning at 1:00 p.m. on May 22. Participants are encouraged to register to access presentations.

The registration fee for other attendees is $150 for the full workshop. The registration fee is waived for State/Tribal/Provincial risk assessors and students.  Register to attend the full workshop in person or register at the door.

The comment meeting is open to the public and is scheduled for Thursday, May 17, 2012 at the College Station Utilities Meeting and Training Facility at 1603 Graham Road located in College Station, TX 77845, at 6:30 p.m.

High concentrations of bacteria such as E. coli and fecal coliform, found in both human and animal waste, may indicate a health risk to people who swim or wade in the creeks. Concentrations of
E. coli in the Carters Creek area, exceed the state’s standard for contact recreation.  The goal of the TMDL project is to restore the water quality and contact use in Carters Creek.  The project area is in the Brazos River Basin.

A TMDL becomes part of the state’s Water Quality Management Plan after it is adopted by the commission and approved by the EPA. An Implementation Plan has been developed with extensive public involvement that outlines the measures that will be taken to reduce bacteria loadings to the creeks.

At this meeting, individuals have the opportunity to present oral statements in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (512) 239-3129.  Requests should be made as far in advance as possible.

Copies of the draft TMDLs and the draft Implementation Plan will be available here or by calling
(512) 239-6682.

State Sen. Eddie Lucio Jr., Rep. Rene O. Oliveira, Rep. Eddie Lucio III, TCEQ Chairman Bryan W. Shaw, Ph.D., TCEQ Commissioner Carlos Rubinstein, and TCEQ Commissioner Toby Baker signed the check and presented it to BISD Board President Dr. Enrique Escobedo Jr.

The grant will fund diesel particulate filters for older diesel school buses to reduce particulate matter by 85 to 90 percent. Schoolchildren can breathe these particles in the bus cabin as well as when they board, exit, or loiter near idling buses.

“Brownsville ISD is pleased to be selected as a beneficiary in this program,” said Brownsville ISD Superintendent Carl A. Montoya, Ph.D. “Retrofitting a good portion of our bus fleet provides significant benefits to our children and community in the form of cleaner air. We are also grateful to our local lawmakers for promoting these initiatives.”

BISD has 57 schools serving approximately 50,000 children and operates 304 buses. Approximately 27,000 students ride a school bus daily.

“I am proud to be an advocate for this program and it’s great to see it working for the people of Brownsville,” said Sen. Eddie Lucio Jr. “Not only does the program reduce exhaust emissions, it provides education to school districts about clean school bus options, which improve the environment for everyone.”

“I join my colleagues in applauding TCEQ’s Texas Clean School Bus Program. These grants help schools with the funding they need to ensure their buses have the latest technology to safeguard the cabin air for our youngest Texans, who deserve only the best,” said Rep. Rene O. Oliveira.
 
“While I have always been deeply connected and involved in children’s issues, I am especially proud that this program benefits schoolchildren and their environment. Passing significant legislation like this retrofit program not only benefits the Rio Grande Valley, but the entire state of Texas,” said Rep. Eddie Lucio III.

“We’re proud to be able to help Brownsville ISD make the air a little cleaner for the schoolchildren, who will be the direct beneficiaries of this program,” said TCEQ Chairman Bryan W. Shaw, Ph.D.

“Kids are our most precious assets,” said TCEQ Commissioner Carlos Rubinstein.  “I’m pleased that the TCEQ, these Valley legislators, and Brownsville ISD could all work together to make a difference for them.”

“This program, which provides immediate benefits to our children, is a great example of how state and local government should work, and I’m proud to be part of it,” said TCEQ Commissioner Toby Baker.

The Texas Clean School Bus Program began in 2008. The TCEQ has granted $2.9 million in the Valley and more than $16 million statewide to retrofit approximately 6,400 school buses with pollution-control equipment.

For more information visit the TCEQ’s Clean School Bus Program website.

This EPA administration has been unwavering in its determination to impose new regulations and new costs on Americans and American industry, often without any real scientific determination that new laws will result in any environmental benefits.

Dr. Armendariz’s mistake was that he slipped and unveiled the EPA’s questionable and draconian enforcement philosophy.  The TCEQ hopes that perhaps the resulting nationwide cry of outrage will be heard in Washington, D.C.

Among this year’s honorees are: a company that reduced water consumption by more than 500 million gallons in a year; an elementary school with a student-led  team that launched a slew of conservation activities and raised environmental awareness; a regional partnership that works on projects to improve and protect water quality in the Arroyo Colorado; a major city that addresses issues with fats, oils and grease through preventive maintenance to wastewater lines and educating the public on proper disposal; a high school junior who started a recycling program for her school’s cafeteria; a pair of companies that worked together to develop and test an innovative coating for steel that reduces air emissions; a small city’s plan that makes environmental practices part of its routine operations; a groundwater conservation district’s project that raised 200 bushels of corn with only 12 inches of irrigation water per acre; and a botanical garden that inspires both students and teachers to preserve nature while giving hands-on training.

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.

“I commend all of these winners for taking on and solving difficult problems, particularly in the increasingly important area of water conservation,” said TCEQ Chairman Bryan W. Shaw, Ph.D.

“Environmental protection is everyone’s business. It is encouraging to see so many people of all ages who are actively involved,” said TCEQ Commissioner Carlos Rubinstein.

“It is inspiring to see both public and private entities going above and beyond regarding the environment and it makes our job easier,” said TCEQ Commissioner Toby Baker.

The TCEQ commissioners will formally present the awards to the winners at the annual awards banquet on May 2, 2012, at 6:30 p.m. as part of the TCEQ Environmental Trade Fair and Conference at the Austin Convention Center, May 1–2.

2012 Texas Environmental Excellence Award Winners

RIO GRANDE VALLEY/COLLEGE STATION
Arroyo Colorado Watershed Partnership, Texas Water Resources Institute
(Category: Civic/Community)

COPPELL
City of Coppell
(Category: Innovative Operations/Management)

DALLAS
Dallas Water Utilities
(Category: Pollution Prevention)

DUMAS
North Plains Groundwater Conservation District
(Category: Agriculture)

EL PASO
Chester E. Jordan Elementary School
(Category: Youth)

GRAPELAND/JACKSONVILLE
Nucor Vulcraft Group, Grapeland, and Century Industrial Coatings, Jacksonville
(Category: Technical/Technology)

HOUSTON
Anheuser-Busch Houston Brewery
(Category: Water Conservation)

ORANGE
Shangri La Botanical Gardens and Nature Center
(Category: Education)

SUGAR LAND
Hannah Jordan Bevers
(Category: Individual)

June 4, 2012 — Mineral Wells
Hills Country Club, 4801 Highway 180 E.

July 12, 2012 — Austin
J.J. Pickle Research Campus, 10100 Burnet Road, Commons Bldg.

July 26, 2012 — Nacogdoches
Fredonia Hotel, 200 N. Fredonia

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.

A continental breakfast and lunch 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 $35. Workshop hours are from 9:00 a.m. to 1:30 p.m., with registration sign-in beginning at 8:30 a.m. Walk-in and on-site registrations will be accepted.

For registration and workshop information, visit the Dam Safety Workshop for Owners and Operators Web page, or contact Kimberly Ferraro, 512-239-3115, or Warren Samuelson, 512-239-5195.

During the last five years as TCEQ commissioner, I have been privileged to work with incredibly talented and capable individuals dedicated to protecting all Texans. I am proud of all we have accomplished.

While I will not be seeking election to the Railroad Commission, I know there is still much to be done at the agency and look forward to working with Chairman Smitherman and Commissioner Porter.

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

In addition, there was one wastewater operator certification enforcement default order.

Penalties were also assessed in one petroleum storage tank case, following a hearing at the State Office of Administrative Hearings.

On March 27 and 29, the Executive Director approved 87 agreed orders, each $7,500 or less, totaling $219,881.

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

The TCEQ's next agenda meeting is scheduled for April 30. 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 at TexasAdMin.com.

COMMISSIONERS STAPLES, RUBINSTEIN REQUEST FEDERAL ACTION TO RESCIND WATER DELIVERY TO MEXICO THAT HARMS DROUGHT-STRICKEN TEXANS

AUSTIN —Texas Agriculture Commissioner Todd Staples and Texas Commission on Environmental Quality Commissioner Carlos Rubinstein are challenging the International Boundary and Water Commission’s (IBWC) unilateral decision to deliver Rio Grande water to Mexico while Texas continues to suffer through unprecedented drought and water shortages.  

“In the wake of the worst one-year drought in Texas history, we are asking this federal commission, run by an appointee of President Obama, to act immediately to rescind this devastating decision,” Commissioner Staples said. ”Sending water to Mexico at a time when Texas reserves are extremely vulnerable further jeopardizes our water resources and jobs here at home.” 

As Texas struggles with nearly $8 billion in agricultural losses attributed to the drought and citizens continue to face severe water shortages and restrictions, the IBWC has ordered the early release of millions of gallons of water from the Rio Grande River system to Mexico.  The IBWC’s action disrupts the strategic plans Texas water users have put in place to address drought; wastes water; and sets a dangerous precedent of catering to Mexico’s demands for water.

“As I expressed to IBWC Commissioner Drusina in the halls of the Texas Capitol, his decision focused only on the interests of Mexico,” said TCEQ Commissioner Carlos Rubinstein. “What he should have done is negotiate with Mexico with American irrigators foremost in mind to ensure that their interests were protected under the terms of the 1906 Convention.”

Members of the Rio Grande Compact Commission, which works to ensure Colorado, New Mexico and Texas receive equitable shares of water from the Rio Grande River, have voiced opposition to the IBWC decision. 

“I am concerned that the interests of United States water users in Texas were not protected by the IBWC’s actions,” said Rio Grande Compact Commissioner Patrick Gordon. “The delivery of water to Mexico as requested by IBWC does not comply with the language in the 1906 Convention, which provides for a specified water delivery schedule to Mexico when the water is in the El Paso area; not when Mexico simply just requests delivery of water.”

Read the letter from Commissioner Staples and Commissioner Rubinstein.

In November, 2011 the TCEQ responded to a senior priority call in the Neches River Basin by notifying certain junior water-right holders that their right to divert was suspended. The senior priority call has now been rescinded and the previously suspended water right holders can divert water again.

The TCEQ continues to monitor the situation closely and strives to balance protection of senior and superior surface water rights while attempting to minimize the impact to junior water-right holders, within TCEQ’s authority. Please note that should another priority call be made or should drought conditions persist or worsen, suspensions of junior water rights may again be necessary.

These actions are guided by the priority doctrine in Texas law. The most senior water rights are served first during times of drought with domestic and livestock uses superior to any appropriated rights. Water rights are suspended or curtailed by priority date, with the most recently issued – or “junior” – priority users suspended before senior water rights in the area.

Drought conditions continue to be widespread across the state. The TCEQ has asked that all Neches River water-right holders take steps to conserve water, implement their drought contingency plans, and prepare for possible suspensions or curtailments should drought conditions persist. 

Water is a precious resource – all Texans are encouraged to conserve, especially during times of drought. 

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

Default orders were issued for the following categories: one licensed irrigator and two public water system.

Penalties were assessed in the following categories following hearings at the State Office of Administrative Hearings:  one petroleum storage tank case.

On March 2, the executive director approved 80 agreed orders, each $7,500 or less, totaling $170,891.

Included in the total are fines of $269,775 against TOTAL Petrochemicals USA, Inc. in Jefferson County, for air quality violations stemming from an investigation conducted in April 2011. Emissions exceeded permitted limits on numerous occasions due to maintenance deficiencies. Of the total, $53,955 will be used for a home energy efficiency program in West Port Arthur and $53,955 will be used to enhance the Southeast Texas Regional Air Monitoring Network.

The TCEQ's next agenda meeting is scheduled for April 11. 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.

Agreed orders were issued for the following enforcement categories: seven air quality, one industrial hazardous waste, one multimedia, four municipal waste discharge, one petroleum storage tank, and five public water system.

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

Penalties were assessed in the following categories following hearings at the State Office of Administrative Hearings:  one petroleum storage tank case.

On Feb. 9 and Feb. 24, the executive director approved 49 agreed orders, each $7,500 or less, totaling $144,723.

Included in the total are fines of $149,249 against Explorer Pipeline Company in Jefferson County, for air quality violations stemming from an investigation in April and May of 2011. TCEQ investigators found the company did not report an emissions event in a timely manner and it failed to prevent unauthorized emissions due to leaking seals on a manifold valve.

The TCEQ's next agenda meeting is scheduled for March 28. 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.

Covar began his career in state government when he clerked for Chairman Dennis Bonnen (State Representative District 25) on the House Environmental Regulation Committee.  From 2005 to 2007, Covar also worked as the environmental and natural resource adviser to Governor Rick Perry. In this role, Covar was responsible for advising the governor and senior staff on all major budget and policy issues pertaining to the TCEQ, the Texas Railroad Commission, and Texas Parks and Wildlife.

At the TCEQ, Covar served as the executive assistant to Chairman Bryan W. Shaw, Ph.D. and later as assistant deputy executive director.

“Mr. Covar brings a tremendous amount of legislative experience and environmental knowledge to this position,” said TCEQ Chairman Shaw. “Zak will maintain the steady leadership that’s been in place at this agency for the past several years and will build on those successes.”

TCEQ Commissioner Buddy Garcia called Covar “an outstanding manager who understands the issues and the challenges facing this agency and this state. Zak has the proven skill and experience to move this agency forward.”

“Mr. Covar has a proven track record of solving complex environmental and organizational issues,” said TCEQ Commissioner Carlos Rubinstein. “Zak will lead this agency into the future and provide stability and consistency. He will do a great job for all Texans.”

“I appreciate the support and the vote of confidence from the TCEQ Commissioners,” said Covar. “It is a great honor to serve the people of Texas in this capacity. I understand and accept the tremendous responsibility that comes with this position and I vow to protect all our Texas resources.”

A native Texan, Covar earned a Bachelor of Science in Poultry Science from Texas A&M University. He and his wife Krista have a daughter and identical twin boys.

“It has been my honor to work for the people of this great state for more than a quarter-century, but now it’s time for me and my family to explore new opportunities and to start writing the next chapter of our lives,” said Vickery. “I’m extremely grateful to have worked with so many dedicated employees at the TCEQ and its predecessor agencies on a wide range of environmental issues. Texas is a better place because of the tremendous work being done each and every day to vigorously protect the environment using sound science and common sense. I will miss my friends and family at the TCEQ.”

Vickery began his career in state government 25 years ago as an enforcement coordinator with the Texas Water Commission, a predecessor agency of the TCEQ. He worked in virtually every area of the agency including industrial and hazardous waste and municipal solid waste enforcement, waste tires, director of field operations, deputy director office of compliance and enforcement, deputy director office of permitting and registration, deputy executive director, and as executive director in June 2008.

“Mark’s knowledge and experience on environmental matters is second to none,” said TCEQ Chairman Bryan W. Shaw, Ph.D. “We’ve relied on that experience for decades as Mark guided this agency through some of the most challenging environmental issues this state has ever faced. We owe a tremendous debt to Mark for his dedicated service and his steady leadership of this agency.”

TCEQ Commissioner Buddy Garcia said, “Mark is a class act and true gentleman.  His wit and good nature is only surpassed by his demonstrated dedication. We will miss his direct approach to facing tough issues and his innovative ideas to finding solutions.”

“It has been a distinct honor and pleasure to have worked with Mark for so many years at the TCEQ and our predecessor agencies dating back to the Texas Water Commission days,” said TCEQ Commissioner Carlos Rubinstein. “In every way, Mark always puts the interest of this state and our responsibility as an agency first.  He successfully guided the agency through difficult legislative sessions, challenging budget decisions and reallocation of resources, the legislative Sunset process, contentious situations with other governmental entities—and he did it with class.”

Vickery will remain at the TCEQ as long as necessary to allow the agency to transition smoothly.