AGENDA

Wednesday, December 18, 2002

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.
Commission did not meet in Executive Session
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.
Commission did not meet in Executive Session
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.
Commission did not meet in Executive Session


OLD BUSINESS AGENDA

Wednesday, December 18, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Continued from November 6, 2002 and November 20, 2002 agendas
Item 1. Docket No. 2002-1143-AIR. Consideration of application by Laboratory Tops, Inc. for a new permit at an existing facility to authorize manufacturing of laboratory work surfaces previously authorized under Permit by Rule. The facility is located at 206 Allison Drive, Taylor, Williamson 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. (Orlando Vasquez/Garrett Arthur)
Grant hearing request of Mr. Qualls, and refer to the State Office of Administrative Hearings the issue of whether the proposed emissions adversely affect Mr. Qualls' health or negatively impact the use of his residence, and duration of the hearing 4 months from preliminary hearing to PFD issuance, RM/RH. All Agree
Item carried forward from Agenda of December 4, 2002.
Item 2. Docket No. 2002-0727-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Chapter 39, Public Notice; and Chapter 331, Underground Injection Control:
Amended:
Section 39.403 Applicability
Section 331.2 Definitions
Section 331.5 Prevention of Pollution
Section 331.7 Permit Required
Section 331.47 Pond Lining
Section 331.121 Class I Wells
Section 331.163 Well Construction Standards
New:
Section 331.17 Pre-Injection Units Registration
Section 331.18 Registration Application, Processing, Notice, Comment, Motion to Overturn
The adoption would provide underground injection control standards and requirements for permitted and registered pre-injection units associated with Class I nonhazardous, noncommercial injection wells. The adoption includes a new registration process and application, processing, notice, comment, and other procedural requirements. The proposed Chapter 39 rule was published in the September 6, 2002 issue of the Texas Register (27 TexReg 8411), and the proposed Chapter 331 rules were published in the July 12, 2002 issue of the Texas Register (27 TexReg 6227). (Devane Clarke, Richard Egan, Ray Austin) (Rule Log No. 2000-055-331-WS)
Adopt following amended and new sections of 30 TAC Chapter 39, Public Notice; and Chapter 331, Undergound Injection Control, RM/KW. All Agree


AGENDA

Wednesday, December 18, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

AIR QUALITY ENFORCEMENT AGREED ORDERS
Item1. Docket No. 2002-0155-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hanson Aggregates Central Inc. dba Hanson Concrete South Central in Tarrant County; Air Account No. TA-0754-H; 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. (Judy Fox, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 2. Docket No. 2002-0667-AIR-E. Consideration of an Agreed Order assessing administrative penalties against the City of Irving in Dallas County; Air Account No. DB-4237-J; 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. (Alayne Furgurson, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 3. Docket No. 2001-1189-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Owens Corning Corporation in Ellis County; Air Account No. ED-0051-O; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Stacey Young, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2002-0151-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Advanced Drainage Systems, Incorporated in Ellis County; Air Account No. ED-0288-E; 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. (Jorge Ibarra, P.E., Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2000-1011-AIR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Maxim Production Co., Inc. in Wharton County; TCEQ ID No. WF-0111-S; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Brian Lehmkuhle)
Continued to January 8th and then Remanded to the Executive Director
Item 6. Docket No. 2002-0590-AIR-E. Consideration of an Agreed Order assessing administrative penalties against ONEOK Texas Field Services, L.P. in Hutchinson County; Air Account No. HW-0068-A; 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. (Ronnie Kramer, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2001-0742-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amerada Hess Corporation in Gaines County; Air Account No. GA-0085-T; 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. (Dan Landenberger, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-0235-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Western Gas Resources, Inc. in Reagan County; Air Account No. RC-0004-K; 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. (Mark Newman, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-0085-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Akzo Nobel Chemical, Inc. in Harris County; TCEQ Air Permit Nos. 9402 and N022; Air Account No. HG-0037-Q for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Brian Lehmkuhle)
Reposted as Item No. 49
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 10. Docket No. 2002-0201-IHW-E. Consideration of an Agreed Order assessing administrative penalties against KMCO, L.P. in Harris County; Solid Waste Registration No. 31904; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7, 26, and 27, and the rules of the Texas Commission on Environmental Quality. (Catherine Sherman, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 11. Docket No. 2002-0251-ISW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southeast Texas Industries, Inc. in Orange County; Industrial Solid Waste No. 39836; for industrial 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. (Susan Kelly, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 12. Docket No. 2002-0395-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Star Steel Texas, Inc. in Orange County; Texas Pollutant Discharge Elimination System Permit No. 01971; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Michael Meyer, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 13. Docket No. 2001-1123-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Alamo Water Supply Corporation in Hidalgo and Willacy Counties; Water Quality Permit No. 13747-002 and Public Water Supply No. 1080029; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 14. Docket No. 2001-1573-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of L.F. Manufacturing, Incorporated in Lee County; Air Account Number LF-0053-U and Solid Waste Registration No. 84034; for water quality and industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Lawrence King, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2002-0528-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ted Booher dba Rapid Environmental Services in Harris County; Used Oil Handler Registration No. A85374; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Steven Lopez, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 16. Docket No. 2002-0408-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Scrap Tire Recycling, Inc. and Eugene Barnes in Harris County; TCEQ ID No. 455120037; for municipal solid waste violations pursuant to ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Brian Lehmkuhle)
Issue default order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2002-0340-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Menard in Menard County; Texas Pollutant Discharge Elimination System Permit No. 10345-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Gary Shipp, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2002-0493-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Hardin Independent School District in Liberty County; Texas Pollutant Discharge Elimination System Permit No. 13135-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Trina Grieco, Brian Lehmkuhle)
Remanded to the Executive Director
ON-SITE SEWAGE INSTALLERS ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2002-0198-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Micheul Hudman in Callahan County; On-site Sewage Facility Installer No. OS3171; for on-site sewage installation violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Kimberly McGuire, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2002-0135-PST-E. Consideration of an Agreed Order assessing administrative penalties against HAWA, Inc. dba Food Mart in Tarrant County; Petroleum Storage Tank Facility No. 10474; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Jaime Garza, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2002-0437-PST-E. Consideration of an Agreed Order assessing administrative penalties against Big Chief Distributing Company in Bell 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. (J. Craig Fleming, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 2001-1067-PST-E. Consideration of an Agreed Order assessing administrative penalties against Silkot International, Inc. d.b.a. Speed Trak 2 in Smith County; Petroleum Storage Tank Facility ID. No. 211; 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 Lind, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 2002-0243-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tiendas Conveniente Inc. dba In 'n' Out Convenience Store in El Paso County; Petroleum Storage Tank Facility No. 0048761; 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. (A. Sunday Udoetok, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2002-0093-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Petroleum Transports, Inc. in Taylor County; Common Carrier 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. (Elvia Maske, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2002-0650-PST-E. Consideration of an Agreed Order assessing administrative penalties against King K. Cole, Inc. in Leon 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. (Miriam Hall, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0012-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Murphy Resources Incorporated dba Texaco C Mart in Tarrant County; TCEQ PST Facility ID No. 73239; 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. (Robert Hernandez, Brian Lehmkuhle)
Continued to the January 8 agenda and then Remanded to the Executive Director
Item 27. Docket No. 2002-0460-PST-E. Consideration of an Agreed Order assessing administrative penalties against Grecoair, Inc. in El Paso County; TCEQ PST Facility ID No. 0072171; 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. (Laurencia Fasoyiro, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2001-1241-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lockhart Grocery, Inc. in Caldwell County; TCEQ PST ID NO: 46119; 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. (Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0053-PST-E. Consideration of an Agreed Order assessing administrative penalties against Eddy Quiroga dba Quiroga Trucking in Galveston County; TCEQ PST 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. (Shannon Strong, Brian Lehmkuhle)
Remanded to the Executive Director
Item 30. Docket No. 2001-1164-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clara Gates dba The Morales Store in Jackson County; Petroleum Storage Tank Facility ID No. 1392; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2002-0397-PST-E. Consideration of an Agreed Order assessing administrative penalties against Oil Patch Brazos Valley Inc. in Fort Bend 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. (Trina Grieco, Brian Lehmkuhle)
Remanded to the Executive Director
Item 32. Docket No. 2002-0337-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KMKA Corporation dba Speedy Food Mart in Harris County; Petroleum Storage Tank Facility ID No. 0061693; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Johnson, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2002-0419-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Exxon-Mobil Corporation in Dallas County; Petroleum Storage Tank Facility No. 0026584; 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. (A. Sunday Udoetok, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 34. Docket No. 2002-0503-PST-E. Consideration of an Agreed Order assessing administrative penalties against Gidden Distributing, Inc. in Bell County; Petroleum Storage Tank Facility ID No. 16476; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Sandy VanCleave, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2002-0807-PST-E. Consideration of an Agreed Order assessing administrative penalties against East Texas Petroleum Company, Inc. in Dawson 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. (Dan Landenberger, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 36. Docket No. 2002-0423-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Petroleum Transports, Inc. in Harris, Galveston, Fort Bend, and Bell Counties; 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. (Catherine Sherman, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2002-0114-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dade Aviation, Inc. in El Paso County; Petroleum Storage Tank Facility ID No. 0012357; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Kevin Smith, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 38. Docket No. 2002-0570-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of William Smith dba Tallows Mobile Home Park in Harris County; Public Water Supply No. 1010863; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Shawn Stewart, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
Item 39. Docket No. 2002-0330-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sun Lee Investments, Inc. in Harris County; PWS ID No. 1012400; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Commission on Environmental Quality. (Richard O'Connell, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 40. Docket No. 2002-0575-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Dale Haggard dba Haggard Water dba Whispering Pines Subdivision and dba Spring Valley Subdivision in Cass County; TCEQ ID Nos. 0340024 and 0340026; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Commission on Environmental Quality. (Diana Grawitch, Brian Lehmkuhle)
Issue default order, RH/RM. All Agree
EMERGENCY ORDER (MODIFY, AFFIRM, OR SET ASIDE)
Item 41. Docket No. 2002-1283-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on November 25, 2002 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501(c)(1) and 13.4132 and 30 Tex. Admin. Code Section Sections 35.201 and 291.143(a) to address the abandonment of a retail public utility (Utility) by Dorothy Rolater and Athalea Lane, as Co-Trustees of Boyd Living Trust, dba Boyd Acres Water System in Denton County, to ensure continued operation of the Utility, and to provide continuous and adequate service to customers. The Emergency Order appointed George Oberdorf as temporary manager of the Utility. (Robin Chapman, Brian Lehmkuhle)
Approve staff recommendations and modify order, RH/RM. All Agree
DISTRICT MATTER
Item 42. Docket No. 2002-0990-DIS. Consideration of an application approving the petition of Canyon Lakes 292, Ltd., a landowner (Petitioner), for dissolution of West Harris County Municipal Utility District No. 20 (District). The Petitioner requests the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 07222002-D02; Rob Cummins)
Approve dissolution of district, RM/RH. All Agree
RULE MATTERS
Item 43. Docket No. 2002-0922-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 20, Rulemaking. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the August 23, 2002 issue of the Texas Register (27 TexReg 7997). (Debi Dyer) (Rule Log No. 2002-014-020-AD)
Approve adoption of rules review and readoption of 30 TAC Chapter 20, RH/RM. All Agree
Item 44. Docket No. 2002-0941-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 10, Commission Meetings. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the August 30, 2002 issue of the Texas Register (27 TexReg 8248). (Ray Austin, Richard Egan) (Rule Log No. 2002-017-010-AD)
Adopt rules review and readoption of 30 TAC Chapter 10, RH/RM. All Agree
Item 45. Docket No. 2002-1038-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter B, New Source Review Permits, Division 1, Permit Application, Section 116.112, Distance Limitations, and corresponding revisions to the state implementation plan. The rulemaking will add a distance limitation for concrete crushing facilities to implement House Bill 2912, Section 5.07, 77th Legislature, 2001, which requires the commission to prohibit the location or operation of concrete crushing facilities within 440 yards of a building used as a single or multi-family residence, school, or place of worship. In accordance with the bill, the distance limitation will not apply to existing concrete crushing facilities, which are those facilities that were authorized and actually located or operating at the site as of September 1, 2001. The proposed rules were published in the September 27, 2002 issue of the Texas Register (27 TexReg 9106). (Beecher Cameron, Garrett Arthur, Clifton Wise) (Rule Log No. 2001-077-116-AI)
Approve adoption of amendment to 30 TAC Chapter 116, RM/KW. All Agree
EXECUTIVE SESSION
Item 46. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in executive session
Item 47. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in executive session
Item 48. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TCEQ PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commission did not meet in executive session
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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, December 18, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 49. Docket No. 2002-0085-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Akzo Nobel Chemical, Inc. in Harris County; TCEQ Air Permit Nos. 9402 and N022; Air Account No. HG-0037-Q for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Commission on Environmental Quality. (Laurencia Fasoyiro, Brian Lehmkuhle)
Issue agreed order, RH/RM. All agree
Item 50. Docket No. 2002-1369-RES. Consideration of a resolution honoring Gregg Cooke's service as Region 6 Administrator of the Environmental Protection Agency.
Approve Resolution
Item 51. Docket No. 2002-1373-RES. Consideration of a Memorandum of Agreement between the U.S. Environmental Protection Agency Region 6, the U.S. Environmental Protection Agency Office of Transportation and Air Quality, the Texas Commission on Environmental Quality and the Texas Council on Environmental Technology for the Evaluation and Development of Innovative Control Technologies.
Approve Memorandum of Agreement, RH/KW. All Agree


AGENDA

Wednesday, December 18, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2002-0431-UCR; SOAH Docket No. 582-02-3005. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of the City of Lyford to obtain a Water Certificate of Convenience and Necessity in Willacy County, Texas.
The Commission did not adopt the proposed SOAH order, but instead adopted an order remanding the application to the Executive Director as recommended by all parties, RH/KW. All Agree


AGENDA

Wednesday, December 18, 2002

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

2:00 p.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. Docket No. 2002-1370-MIS. Signing ceremony for the Early Action Compact. Signatories will include the Texas Commission on Environmental Quality, the Environmental Protection Agency, and the Capitol Area Planning Council (CAPCO). The Early Action Compact relates to early planning, implementation, and emission reductions leading to expeditious attainment and maintenance of the 8-hour ozone standard.
All parties signed