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HEARING REQUESTS |
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Item 1. |
Docket No. 2002-1382-AIR. Consideration of application by the U.S. Department
of Energy for amendment of Air Quality Permit Number 21233 which would
authorize increased production and a change in the character of emissions in Building
11-50 at the Pantex Plant. The plant is located at the intersection of Highway 60 and
FM 2373, Carson 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. (John Minter/Patricio Griego) |
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Deny hearing request and approve permit and adopt Response to Comments, RM/RH. All Agree |
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Item 2. |
Docket No. 2002-1387-IHW. Consideration of an application by the United States
Air Force - Kelly AFB, San Antonio for a Class 3 modification to Compliance Plan
No. CP-50310 which authorizes the final Corrective Action Program for the
remediation of ground-water quality associated with releases from RCRA-regulated
unit Site S-8 to specified standards and to monitor the concentration of hazardous
constituents in groundwater until compliance with specified ground-water quality
standards have been attained. The facility is located on an approximately 4,660 - acre
tract of land in Bexar County, bounded to the west by Lackland AFB, to the south by
S.W. Military Drive and Leon Creek, to the east by the Union Pacific So San Yards,
and to the north by Highway 90. It is approximately seven miles southwest to the
center of the City of San Antonio. The commission will also consider requests for
hearing or reconsideration, related responses and replies, public comment and the
Executive Director's Responses to Comments. (Mark Weegar/John Deering) |
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Continued to April 16, 2003 |
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Item 3. |
Docket No. 2003-0123-MWD. Consideration of permit application # 14320-001,
submitted by Tidwell Wastewater Utility, L.L.C., for a new permit (proposed
TPDES Permit No. 14320-001), which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 400,000 gallons per day. The
wastewater treatment facility will serve a residential subdivision. The wastewater
treatment facility will be located at 8911 Sam Houston Parkway, approximately 1,700
feet west of East Beltway 8, and approximately 2,500 feet north of Tidwell Road in
Harris County, Texas. The Commission will also consider hearing requests, related
responses and replies, public comment and the Executive Director's response to
comments. (Jacquelyn Boutwell/Ronald Riggins) |
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Remanded to Executive Director |
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Item 4. |
Docket No. 2003-0124-MWD. Consideration of permit application # 14343-001,
submitted by GASTON 1093, A TEXAS JOINT VENTURE for a new permit
(proposed TPDES Permit No. 14343-001), which will authorize the discharge of
treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per
day. The facility will be located approximately 500 feet east and 3,250 feet north of
the intersection of Farm-to-Market Road 1093 and Farm-to-Market Road 723 in Fort
Bend 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.
(Anthony Tatu/Zdenek Matl) |
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Deny Request for Reconsideration and Issue the Permit and adopt Response to Comments, RH/RM.
All Agree |
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DISTRICT MATTER |
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Item 5. |
Docket No. 2002-1164-DIS. Consideration of an application of Woodland Pines, L.P.
and Alexander 263, Ltd., landowners (Petitioners), for dissolution of Harris County
Municipal Utility District No. 294 (District). The Petitioners request that the
Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to
49.327. (TCEQ Internal Control No. 09042002-D14; Rob Cummins, Lara Nehman) |
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Approve Dissolution of Harris County Municipal Utility District No. 294, RM/RH. All Agree |
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AGRICULTURAL ENFORCEMENT AGREED ORDERS |
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Item 6. |
Docket No. 2002-0897-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Crider Dairy, Inc. in
Johnson County; Texas Pollutant Discharge Elimination System Permit No.
WQ0004160-000; for agriculture violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Wendy
Cooper, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 7. |
Docket No. 2002-0797-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against Jack Vanden Berge dba Jack Vanden Berge Dairy
in Erath County; Wastewater Registration No. WQ0003184-000; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Jorge Ibarra, P.E., Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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AIR QUALITY ENFORCEMENT AGREED ORDERS |
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Item 8. |
Docket No. 2001-1088-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BP Products North
America, Inc. in Galveston County; TCEQ Air Account No. GB-0004-L; 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. (David Speaker) |
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See Item 56 |
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Item 9. |
Docket No. 2002-0429-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Premcor Refining
Group, Inc. in Jefferson County; Air Account No. JE-0042-B; 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. (John Barry, Sushil
Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 10. |
Docket No. 2002-1126-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Valley Co-Op Oil Mill in
Cameron County; TCEQ Air Account No. CD-0106-C and Regulated Entity ID No.
RN102261021; 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 Tex. Admin. Code ch. 60. (Jaime Garza, Sushil
Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 11. |
Docket No. 2002-0882-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Universal Urethanes, Inc. in Harris County; Air
Account No. HG-2798-Q; 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. (Trina Grieco, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 12. |
Docket No. 2002-0856-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Thelin Recycling Company,
L.L.C. in Tarrant County; Air Account No. TA-3987-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, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 13. |
Docket No. 2002-1027-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Seminole Pipeline Company in Brazoria County;
Air Account No. BL-0338-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. (Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 14. |
Docket No. 2002-0819-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of LBC Houston, L.P. in
Harris County; Air Account No. HG-0029-P; 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, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 15. |
Docket No. 2001-1464-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Prism Gas Systems, Inc. in
Cass County; Air Account No. CG-0036-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. (Carolyn V. Lind, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 16. |
Docket No. 2002-0999-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against San Miguel Electric Cooperative, Inc. in Atascosa
County; Air Account No. AG-0007-G; Air Permit No. 4180A ; 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. (Malcolm A. Ferris,
Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 17. |
Docket No. 2002-0788-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against San Patricio County in San Patricio County; Air
Account Number 94-2405-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. (Audra Baumgartner, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 18. |
Docket No. 2002-0436-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Occidental Chemical
Corporation in San Patricio County; TCEQ Air Account No. SD-0092-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. (Edward
Moderow, Sushil Modak) |
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Continued to March 19, 2003 |
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Item 19. |
Docket No. 2002-0347-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Bryan Neal dba Bryan Excavation Company in
Harris County; Air Account No. 93-7126-R; 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. (Trina Grieco, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
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Item 20. |
Docket No. 2002-1049-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Samuel Holcomb dba
Holcomb Oil Recycling in Harris County; TCEQ ID No. A85038; for municipal
solid waste violations pursuant to the Texas Solid Waste Disposal Act, 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, including specifically 30 Texas Admin. Code
ch. 60. (Diana Grawitch, David Speaker) |
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Issue agreed order, RM/RH. All Agree |
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Item 21. |
Docket No. 2002-1058-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Magic Valley Roofing & Construction Company,
Incorporated in Cameron County; TCEQ ID No. HAT0031; 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. (Jaime Garza,
Sushil Modak) |
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Remanded to the Executive Director |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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Item 22. |
Docket No. 2002-0047-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Hadeel Corporation dba H and H Food Mart
Texaco in Tarrant County; TCEQ PST Facility ID No. 05593; for petroleum storage
tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex.
Health & Safety Code, and the rules of the Texas Commission on Environmental
Quality. (Lisa Lemanczyk, David Speaker) |
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Issue agreed order, RM/RH. All Agree |
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Item 23. |
Docket No. 2002-0901-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Barney Holland Oil
Company dba Big Daddy's Express Mart in Tarrant County; Petroleum Storage
Tank Facility ID No. 0005600; 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. (Wendy Cooper, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 24. |
Docket No. 2002-0304-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BASN Corporation dba
Swif-T Food Store in Tarrant County; Petroleum Storage Tank Facility ID No.
0042957; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Gary
Shipp, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 25. |
Docket No. 2002-0580-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Exxon Mobil Corp. in Bexar
County; Petroleum Storage Tank Facility ID No. 26074; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Thomas Greimel, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 26. |
Docket No. 2002-0270-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Exxon Mobil Corporation in
Galveston County; Petroleum Storage Tank Facility ID Nos. 0026177 and 0026709;
for petroleum storage tank 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. (Trina Grieco, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 27. |
Docket No. 2002-0657-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mike's Convenience Store,
Inc. in Milam County; Petroleum Storage Tank Facility ID No. 22305; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Sarah Slocum, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 28. |
Docket No. 2002-0535-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ultramar Diamond Shamrock dba Stop N Go
#2614 in Galveston County; Petroleum Storage Tank Facility ID No. 0035280; 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. (Miriam Hall, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 29. |
Docket No. 2002-0489-PST-E. Consideration of an Agreed Order assessing
administrative penalties against United Brothers Corporation dba Super Lucky
Lady Fina in Tarrant County; Petroleum Storage Tank Facility ID No. 0051519; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., Sushil
Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 30. |
Docket No. 2002-0963-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Roundup Partners LP dba Star Stop in Haskell
County; Petroleum Storage Tank Facility ID No. 0074331; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (George Ortiz, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 31. |
Docket No. 2002-0598-PST-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Rockwall in Rockwall County;
Petroleum Storage Tank Facility ID Nos. 0016731 and 0018013; for petroleum storage
tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Wendy Cooper, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 32. |
Docket No. 2002-0818-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Rinkle Grocery & Hardware, Inc. in Shelby
County; Petroleum Storage Tank Facility No. 0012693; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (John Barry, Sushil Modak) |
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Remanded to the Executive Director |
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Item 33. |
Docket No. 2002-0301-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Office Creek Corporation
dba Artic Beer and Wine in Denton County; Petroleum Storage Tank Facility No.
0070187; 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, Sushil Modak) |
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Continued to March 19, 2003, RH/RM. All Agree |
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Item 34. |
Docket No. 2002-0998-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Noble Business, Inc. dba J's Food & News in
Tarrant County; Petroleum Storage Tank Facility ID No. 0057049; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Judy Fox, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 35. |
Docket No. 2002-0783-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Matthew Smithey dba Mesquite Junction
Convenience Store in Guadalupe County; Petroleum Storage Tank Facility ID No.
48375; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Sarah Slocum,
Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 36. |
Docket No. 2002-0785-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of La Feria in
Cameron County; Petroleum Storage Tank Facility ID No. 43859; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Sarah Slocum, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 37. |
Docket No. 2002-0533-PST-E. Consideration of an Agreed Order assessing
administrative penalties against CP Transport, Inc. 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. (Sarah Slocum,
Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
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Item 38. |
Docket No. 2001-0347-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Beltway Express, Inc. dba
Beltway Express Food Mart in Harris County; TCEQ PST ID No. 74225; for
petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code,
ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Commission on
Environmental Quality. (Kelly Mego, David Speaker) |
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Issue Default Order, RM/RH. All Agree |
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PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS |
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Item 39. |
Docket No. 2002-0262-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jackie Duncan dba Jackie's
Water Company in Dimmit County; Public Water Supply ID No. 0640030; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex.
Water Code ch. 13, and the rules of the Texas Commission on Environmental Quality.
(Malcolm Ferris, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 40. |
Docket No. 2002-0881-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Gulshan Enterprises, Inc. dba Handi Plus 18 in
Brazos County; Public Water Supply No. 0210052; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Commission on Environmental Quality. (Subhash Jain, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 41. |
Docket No. 2002-0769-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Poteet in
Atascosa County; Public Water Supply ID No. 0070005; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Commission on Environmental Quality. (Malcolm A. Ferris, Sushil Modak) |
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Issue agreed order, RM/RH. All Agree |
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Item 42. |
Docket No. 2002-0954-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Arnold Palmer Golf Management LLC dba Tour
18 Golf Course in Harris County; Public Water Supply ID No. 1012834; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Commission on Environmental Quality. (John Mead, Sushil
Modak) |
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Issue agreed order, RM/RH. All Agree |
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INDUSTRIAL WASTE DISCHARGE EMERGENCY ORDER |
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Item 43. |
Docket No. 2003-0103-IWD. Consideration of whether to affirm, modify or set aside
an Emergency Order issued after a request by Diamond Shamrock Refining
Company, L.P. (Diamond Shamrock) pursuant to Texas Water Code, Section 5.509
and 30 Texas Administrative Code, Sections 35.301 through 35.303. The Executive
Director granted the Emergency Order on January 24, 2003. The Order will expire
180 days after issuance. The Emergency Order increases the volume effluent
limitations of Diamond Shamrock's current TPDES Permit No. 01353 from 800,000
gallons per day to 1,500,000 gallons per day; suspends the annual flow limitation of
20 million gallons and the requirement that the minimum flow in the Nueces/Lower
Frio River be 200 cfs at the time of the discharge; and replaces the mass effluent
limitations of the current permit with concentration based effluent limitations.
Diamond Shamrock is authorized to operate its wastewater treatment facility under
Texas Pollutant Discharge Elimination System Permit No. 01353. The facility is
located at 301 Leroy Street in the City of Three Rivers, Live Oak County, Texas,
with an irrigation (disposal) site located adjacent to the southwest side of Interstate
Highway 37, approximately one mile northwest of the intersection of Interstate
Highway 37 and State Highway 72, north of the City of Three Rivers in Live Oak
County, Texas. Diamond Shamrock sought the Emergency Order to prevent
uncontrolled releases or overtopping from an onsite irrigation reservoir that stores
treated wastewater. The discharge is to an unnamed ditch, then to the Nueces/Lower
Frio River in Segment No. 2106 of the Nueces River Basin. (Jason Haas, Michael
Sunderlin) |
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Affirm the Emergency Order, RH/KW. All Agree |
|
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PUBLIC WATER SYSTEM EMERGENCY ORDER |
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Item 44. |
Docket No. 2000-1314-PWS-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on January 27, 2003 by the Executive Director of
the Texas Commission on Environmental Quality pursuant to Tex. Water Code
Sections 5.501, 5.507 and 13.4132 to address the abandonment of a retail public utility
(System) by Arete Real Estate and Development Company, Inc., JoJac/SeJac
Ltd., and Emmes Bay Oaks Harbor LLC dba Bay Oaks Harbor Subdivision, in
Harris County; TCEQ PWS No. 1013170; to ensure continued operation of the
System; and to provide continuous and adequate service to customers. The
Emergency Order appointed John Fultz as temporary manager of the System.
(Shannon Strong, David Speaker) |
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Affirm the Emergency Order as modified, RM/RH. All Agree |
|
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MISCELLANEOUS AGENDA ITEM |
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Item 45. |
Docket No. 2003-0100-MIS. Consideration of gifts and donations of $500.00 or
more in value given to the TCEQ, submitted for approval in accordance with Chapter
575 to the Government Code, concerning acceptance of gifts by certain state agencies.
[Elizabeth West] |
|
Approve staff recommendations as reflected in the adopted Resolution including Exhibit A, which
contains the names of the donors and descriptions and statements of the purposes of the gifts and
which is attached to and incorporated in these minutes, RH/RM. All Agree |
|
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MUNICIPAL SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY ADVISORY COUNCIL |
|
Item 46. |
Docket No. 2003-0034-MSW. Consideration of nomination and appointment of a
general public representative to the Municipal Solid Waste Management and
Resource Recovery Advisory Council. (Gary W. Trim) |
|
Approve appointing, H.C. Clark, Geologist, City of Houston, RH/KW. All Agree |
|
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GENERAL PERMIT |
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Item 47. |
Docket No. 2003-0233-IWD. Consideration of issuance of general permit number
TXR150000 which regulates storm water associated with certain construction
activities and certain non-storm water discharges on a state-wide basis. The
Commission will also consider public comment and the Executive Director's response
to comments. (Steve Ligon, Bob Brush) |
|
Approve the issuance of the revised General Permit and adoption of the revised Response to
Comments, RH/RM. All Agree |
|
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RULE MATTERS |
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Item 48. |
Docket No. 2003-0080-RUL. Consideration for publication of, and hearing on, the
proposed repeal of Sections 122.131 and 122.511 - 122.516 in 30 TAC Chapter 122,
Federal Operating Permits; and hearing on the proposed inclusion of previously
adopted Section 122.217 in the Texas state implementation plan (SIP). |
|
|
The repeal of Sections 122.131 and 122.511 - 122.516 would repeal obsolete
requirements for the phased permit process and industry and county-specific general
operating permits. Section 122.217 was previously adopted, but was not submitted to
the United States Environmental Protection Agenda as a revision to the SIP. This
hearing on the proposed inclusion of Section 122.217 in the SIP would satisfy the SIP
public notice and comment requirements of 40 Code of Federal Regulations Part 51
for SIP revisions. (Beryl Thatcher, Terry Salem, Debra Barber) (Rule Log No.
2002-056-122-AI) |
|
Approve Publication and Hearing on repeal of Sections 122.131 and 122.511 - 122.516 in 30 TAC
Chapter 122, Federal Operating Permits, RM/RH. All agree |
|
Item 49. |
Docket No. 2002-1139-RUL. Consideration of the adoption of amendments to 30
TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds,
Subchapter B, Combustion at Major Sources, Division 4, Cement Kilns, Sections
117.260, 117.265, 117.279, and 117.283; Subchapter E, Administrative Provisions,
Sections 117.524 and 117.570; and corresponding revisions to the state
implementation plan. |
|
|
The adopted rulemaking would add flexibility to the existing Chapter 117 cement kiln
rules including adding a technology option for preheater/precalciner kilns, expanding
the technology option for long wet and long dry kilns, allowing emission reduction
credits to be used to meet the nitrogen oxides (NOx) control requirements, and
revising the averaging period for the NOx emission source cap from a 30-day rolling
average to a 90-day rolling average. The proposed rules were published in the
November 8, 2002 issue of the Texas Register (27 TexReg 10562). (Eddie Mack,
Kerri Rowland, Debra Barber) (Rule Log No. 2002-070b-117-AI) |
|
Adopt amendments to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds,
Subchapter B, Sections 117.260, 117.265, 117.279 and 117.283; Subchapter E, 117.524 and 117.570,
RH/RM. All Agree |
|
Item 50. |
Docket No. 2002-1196-RUL. Consideration for adoption of amended Section 9.1 and
new Sections 9.10 - 9.17 of 30 TAC Chapter 9, Training for Commissioners; and
amended Section 10.7 of Chapter 10, Commission Meetings. |
|
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The revisions to Chapter 9 would change the chapter title to "Training" and would
incorporate existing language into Subchapter A, Training for Commissioners, and
create a new Subchapter B, Employee Training and Education, which establishes
eligibility, obligations, reimbursement, and recordkeeping and reconfirms at-will
status of employees for the training and education programs at the agency. The
revisions would also eliminate the requirement in Chapter 10 for audio recordings of
commission meetings to serve as the minutes. Instead, the meeting minutes would be
prepared by the chief clerk's office, approved by general counsel, and state the subject
of each deliberation and indicate each vote, order, decision, or other action taken. An
audio recording of each commission open meeting would still be required. The
proposed rules were published in the November 22, 2002 issue of the Texas Register
(27 TexReg 10890 and 10893). (Willie Bell, Tracey Lee Williamson, Clifton Wise)
(Rule Log No. 2002-067-009-AD) |
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Adopt amended Section 9.1 and New Sections 9.10 - 9.17 of 30 TAC Chapter 9, Training for
Commissioners, and amended Section 10.7 of Chapter 10, Commission Meetings, RH/KW. All
Agree |
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Item 51. |
Docket No. 2002-1172-RUL. Consideration of the adoption of amendments to 30
TAC Chapter 20, Rulemaking, Section 20.9, Submission of Documents; and Section
20.15, Petition for Adoption of Rules; and the repeal of Section 20.19, Working
Committees and Groups. |
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As a result of the quadrennial review of this chapter, Section 20.9 would be reworded
to amend the deadline for the submission of documents to the executive director.
Section 20.15 would include an update of the agency's name. Section 20.19 would
repeal the section, because the rule language is already more appropriately addressed
in Chapter 5, Advisory Groups. The proposed rules were published in the November
22, 2002 issue of the Texas Register (27 TexReg 10895). (Debi Dyer, Jason Haas)
(Rule Log No. 2002-060-020-AD) |
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Adopt amendments of 30 TAC Chapter 20, Rulemaking, Section 20.9, Submission of Documents and
Section 20.15, Petition for Adoption of Rules, and the repeal of Section 20.19, Working Committees
and Groups, RH/KW. All Agree |
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STATE IMPLEMENTATION PLAN |
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Item 52. |
Docket No. 2002-1190-SIP. Consideration of the adoption of the revision to the state
implementation plan (SIP) concerning the attainment demonstration for the
Dallas/Fort Worth (DFW) ozone nonattainment area. |
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The adopted SIP would include the incorporation of the energy efficiency program.
(Mike Magee, Kerri Rowland, Debra Barber) (Rule Log No. 2002-070a-SIP-AI) |
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Adopt revisions to the state implementation plan concerning Dallas/Fort Worth (DFW) ozone
nonattainment area, RM/RH. All Agree |
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EXECUTIVE SESSION |
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Item 53. |
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. |
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Commissioner's did not meet in Executive Session |
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Item 54. |
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. |
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Commissioner's did not meet in Executive Session |
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Item 55. |
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. |
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Commissioner's did not meet in Executive Session |
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(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.) |
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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 |