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HEARING REQUESTS |
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Item 1. |
Docket No. 2003-0022-AIR. Consideration of application by Johns Manville
International, Inc. for amendment of Air Quality Permit No. 46253 to authorize an
additional blowing agent used in foam insulation manufacturing. The plant site is
located at 906 Hillcrest Drive North in Sulphur Springs, Hopkins 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. (Craig Richardson/John Minter) |
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Application Withdrawn |
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Item 2. |
Docket No. 2003-0126-AIR. Consideration of application by Texas Petrochemicals,
L.P. for New Air Quality Permit 46426 to authorize the construction of the Sims
Bayou Cogeneration Facility. The proposed facility will be located at 8600 Park Place
Blvd. in Houston, Harris County, Texas. The Commission will also consider
requests for hearing or reconsideration, related responses and replies, public comment,
and the Executive Director's Response to Comments. (Adam Talianchich/Daniel
Long) |
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Granted hearing requests of Juan & Dora Amaya; Tina & David Amaya, deny the hearing request of
Unidos Contra Environmental Racism (UCER); hearing issue for the Administrative Law Judge to
consider is whether the air quality analyses performed for the application demonstrate that the
emissions from the proposed project will not have adverse impacts on the requesters' health and
welfare and that of their families, and that the duration of the hearing be 4 months from preliminary
hearing to PFD issuance with referral to ADR for 4 to 6 weeks, KW/RH. All Agree |
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Item 3. |
Docket No. 2003-0181-AIR. Consideration of application by Rainbow Materials,
Inc., for the registration of a Standard Permit for Concrete Batch Plant to authorize
the construction and operation of a concrete batch plant. The proposed plant site is
located five miles west of Pedernales River Bridge on Highway 71 West, near
Spicewood, Burnet 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. ( Michael Gould/Garrett Arthur) |
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Application Withdrawn |
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Item 4. |
Docket No. 2003-0027-WR. Consideration of the San Marcos River Foundation's
application for a water right to appropriate approximately 1.3 million acre feet of
water per annum on the Guadalupe River to maintain streamflows for instream use,
and inflow of freshwater to the Guadalupe Estuary. No water will be diverted from
the river for this application. The two reference points for this application are at
Palmetto State Park in Gonzales County approximately 10 miles northwest of the
City of Gonzales, and the west bank of the Guadalupe River at State Highway 35
bridge, approximately 2.3 miles northeast of Tivoli, Texas in Refugio and Calhoun
Counties. The commission will consider the application and the hearing requests
filed on the application, including written arguments from amicus curiae, statutory
parties, and hearing requesters. No public comment will be allowed, although the
Commission may ask questions. (Iliana Delgado, Robin Smith) |
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Deny San Marcos River Foundation's application and return the application fee, RH/RM. All Agree |
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AGRICULTURAL ENFORCEMENT AGREED ORDER |
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Item 5. |
Docket No. 2002-0550-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lewis McCreary and Jeff
Koricanek dba Koricanek Poultry Farm in Lavaca County; TCEQ ID No. None;
for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules
of the Texas Commission on Environmental Quality. (Edward R. Moderow, Terry
Murphy) |
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Issue agreed order, RH/RM. All Agree |
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AIR QUALITY ENFORCEMENT AGREED ORDERS |
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Item 6. |
Docket No. 2002-0612-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of AES Deepwater, Inc. in
Harris County; Air Account No. HG-1495-V; 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. (Carl Schnitz, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 7. |
Docket No. 2002-0767-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Conoco Inc. in Irion
County; Air Account No. IA-0001-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. (George Ortiz, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 8. |
Docket No. 2001-1331-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Dynegy Midstream Services, L.P. in Wise and
Denton Counties; Air Account Nos. WN-0005-E, WN-0109-O, WN-0183-C,
DF-0008-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. (Judy Fox, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 9. |
Docket No. 2002-0879-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Goodyear Tire and Rubber
Company in Jefferson County; Air Account No. JE-0039-N and Air Permit Nos.
20040/PSD-TX-801, 39370, and 38755; 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. (Laura Clark, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 10. |
Docket No. 2002-0497-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Varco, L.P. dba Tuboscope
Vetco International, Inc. in Harris County; Air Account No. HG-0878-I; 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, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 11. |
Docket No. 2002-0863-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Equistar Chemicals, L.P. in Harris County; Air
Account No. HG-0770-G; 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, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 12. |
Docket No. 2002-0321-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against United Services Automobile Association in Bexar
County; Air Account No. BG-1306-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 Clausewitz, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 13. |
Docket No. 2002-0836-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Garcia Grain Trading
Corporation in Hidalgo County; TCEQ Air Account No. HN-0313-M; 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. (Jaime
Garza, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 14. |
Docket No. 2000-1287-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Fast Fabricators, Inc., in Tarrant County; TCEQ
Air Account No. TA-3797-O; for air quality violations pursuant to the Texas Clean
Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Texas Water Code,
and the rules of the Texas Commission on Environmental Quality. (Darren Ream,
Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 15. |
Docket No. 2002-0373-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Valence Operating
Company in Hopkins County; Air Account No. HR-0018-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. (Carolyn V. Lind,
Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 16. |
Docket No. 2002-0634-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Timothy P. Richardson dba Integrity Tree Care
and Landscaping in Smith County; Air Account No. SK-0575-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. (Carolyn V. Lind,
Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 17. |
Docket No. 2002-0795-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Industrial Pipe and Plastics of Texas, Inc. in
Karnes County; Air Account No. KA-0041-H; General Operating Permit No.
O-01701; 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 Clausewitz, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 18. |
Docket No. 2002-0181-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Diamond Shamrock
Refining Company, L.P. in Moore County; Air Account No. MR-0008-T; for air
quality violations pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex.
Water Code chs. 7 and 26, and the rules of the Texas Commission on Environmental
Quality. (Ronnie Kramer, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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EDWARDS AQUIFER AGREED ORDER |
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Item 19. |
Docket No. 2002-0215-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against Beck-Reit & Sons Construction Company, Ltd. in
Bexar County; TCEQ ID No. None; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Malcolm A. Ferris, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
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Item 20. |
Docket No. 2002-0645-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ameripol Synpol
Corporation in Jefferson County; Solid Waste Registration No. 30144; for
industrial & hazardous 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. (Steven Lopez, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 21. |
Docket No. 2002-0346-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of GB Biosciences Corporation
in Harris County; TCEQ Solid Waste Registration No. 30552; for industrial &
hazardous 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.
(Trina Grieco, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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MULTI-MEDIA ENFORCEMENT AGREED ORDER |
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Item 22. |
Docket No. 2001-1172-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Valley By Products, Inc. in
El Paso County; TCEQ Air Account No. EE-1074-H and TCEQ Water Quality
Permit No. 01243-001; for air and water quality violations pursuant to ch. 382 of the
Texas Health and Safety Code, chs. 7 and 26 of the Texas Water Code and the rules of
the Texas Commission on Environmental Quality. (John Sumner, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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MULTI-MEDIA ENFORCEMENT DEFAULT ORDER |
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Item 23. |
Docket No. 2002-0206-MLM-E. Consideration of an Default Order assessing
administrative penalties and requiring certain actions of Jamil Sayfi dba Farmers
Travel Center in Bexar County; TCEQ PST ID No. 0004186; for industrial and
hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 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. (Lisa Lemanczyk, Terry Murphy) |
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Issue default order, RH/RM. All Agree |
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
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Item 24. |
Docket No. 2002-0648-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BARGAS, INC. in Tom
Green County; Used Oil Transporter ID No. None; 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. (Gary Shipp, Terry
Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 25. |
Docket No. 2001-1171-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Weatherford in
Parker County; Municipal Solid Waste Permit No. 047; for water quality and
municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Pamela Campbell, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 26. |
Docket No. 2002-0382-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jim Hogg County in Jim
Hogg County; TCEQ ID No. HAW003; 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, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 27. |
Docket No. 2002-0780-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against TexPenn, Inc. in Harris County; Used Oil Handler
Registration No. A85139; 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. (A. Sunday Udoetok, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
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Item 28. |
Docket No. 2002-0876-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Fort Bend County Municipal Utility District No. 23
in Fort Bend County; Texas Pollutant Discharge Elimination System Permit No.
11999-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Catherine
Sherman, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 29. |
Docket No. 2002-0900-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Southern Livestock, Inc. in Gonzales County;
Texas Pollutant Discharge Elimination System Permit No. 03970-000; EPA ID No.
TX0130338; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Commission on Environmental Quality. (Edward R.
Moderow, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 30. |
Docket No. 2002-0701-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Pasadena in Harris County; Texas
Pollutant Discharge Elimination System Permit No. 10053-005; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Commission on Environmental Quality. (Sheila Smith, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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ON SITE SEWAGE FACILITY ENFORCEMENT AGREED ORDER |
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Item 31. |
Docket No. 2002-0961-OSS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Thomas and Sherry Nickels
in Harris County; On-Site Sewage Facility Permit No. 101155; for on-site sewage
facility violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code
ch. 7, and the rules of the Texas Commission on Environmental Quality. (Michael
Meyer, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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Item 32. |
Docket No. 2002-0083-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Juan R. Garza dba Circle
Palms in Starr County; Petroleum Storage Tank Facility ID No. 30374; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis,
Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 33. |
Docket No. 2002-0102-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Maria Isabel Solis formerly doing business as The
Goldmine in Starr County; Petroleum Storage Tank Facility No. 47006; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis,
Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 34. |
Docket No. 2002-0339-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Darnell & Dickson
Construction, Inc. in Tom Green County; Petroleum Storage Tank Facility ID No.
21397; 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,
Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 35. |
Docket No. 2002-0187-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Nizar Makani dba King
Food Mart in Denton County; Petroleum Storage Tank Facility ID No. 27149; 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. (Bill Davis, Terry Murphy) |
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Remanded to Executive Director |
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Item 36. |
Docket No. 2002-0028-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of San Antonio Independent
School District in Bexar County; Petroleum Storage Tank Facility ID No. 03073; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Erika Fair, Terry
Murphy) |
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Remanded to Executive Director |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
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Item 37. |
Docket No. 2002-0869-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Five Star Transportation, L.P. in Harris County;
Public Water Supply No. 1012510; 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, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 38. |
Docket No. 2002-0715-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ARC Communities 8 LLC
dba Aledo Estates Manufactured Home Community in Parker County; Public
Water Supply ID No. 1840041; for drinking water quality violations pursuant to Tex.
Health & Safety Code ch. 341 and the rules of the Texas Commission on
Environmental Quality. (Cheryl Thompson, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 39. |
Docket No. 2001-1475-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Renfaire Water Supply, Inc. in Grimes County;
Public Water Supply ID No. 0930057; for drinking water quality violations pursuant
to Tex. Health & Safety Code chs. 13 and 341 and the rules of the Texas Commission
on Environmental Quality. (Michael Meyer, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 40. |
Docket No. 2002-0802-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Fielder Burnett dba
Ponderosa Mobile Home Complex in Randall County; Public Water Supply ID No.
1910044; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Commission on Environmental Quality. (Ronnie
Kramer, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 41. |
Docket No. 2002-0939-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jim Hubble and Judy
Hubble dba Judy K's Kountry Kitchen in Ector County; Public Water Supply No.
0680210; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Commission on Environmental Quality. (Kent
Heath, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 42. |
Docket No. 2002-0974-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Jarvis Entertainment Group, Inc. dba Tomball
Bowling Center in Harris County; Public Water Supply No. 1012205; 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, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 43. |
Docket No. 2002-0857-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Huff Brous McDowell &
Montesi Management, Inc. in Tarrant County; Public Water Supply No. 2200319;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Terry
Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 44. |
Docket No. 2002-0885-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Escondido Creek Estates,
Inc. in Kleberg County; Public Water Supply ID No. 1370034; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Commission on Environmental Quality. (Edward R. Moderow, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 45. |
Docket No. 2002-0782-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Arthur Bayer dba Bayer
Water System in Harris County; Public Water Supply No. 1010212; 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, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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Item 46. |
Docket No. 2002-0889-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Best Friend's Treasures, Inc. dba BFT Family
Trailer Park in Waller County; Public Water Supply No. 2370069; 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, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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SLUDGE ENFORCEMENT AGREED ORDER |
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Item 47. |
Docket No. 2002-1231-SLG-E. Consideration of an Agreed Order assessing
administrative penalties against Marta Caballero dba Caballero's Septic Cleaning
in Hidalgo County; Sludge Transporter Registration No. 23254; for water quality
violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and
the rules of the Texas Commission on Environmental Quality, including specifically
30 Tex. Admin. Code ch. 60. (Sandra Hernandez Alanis, Terry Murphy) |
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Issue agreed order, RH/RM. All Agree |
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RULE MATTERS |
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Item 48. |
Docket No. 2002-0955-RUL. Consideration for publication of, and hearing on,
proposed amended and new sections of 30 TAC Chapter 113, Standards of
Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants
that would incorporate by reference United States Environmental Protection Agency
rules concerning national emission standards for hazardous air pollutants for source
categories in implementation of the 1990 Amendments to the Federal Clean Air Act.
These technology-based standards are commonly referred to as the maximum
achievable control technology (MACT) standards. The rulemaking will add 18 new
MACT standards, and update 34 MACT standards previously adopted by the
commission by updating the federal promulgation dates cited in the commission rules.
(Keith Sheedy, Steve Hagle, Dan Joyner, Alan Henderson) (Rule Log No.
2002-036a-113-AI) |
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Reposted as Item 55 |
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Item 49. |
Docket No. 2002-1222-RUL. Consideration for the adoption of amended Section
305.48, Additional Contents of Applications for Wastewater Discharge Permits, of 30
TAC Chapter 305, Consolidated Permits, and new Section 308.91, Criteria
Applicable to Cooling Water Intake Structures under the Clean Water Act, Section
316(b), of 30 TAC Chapter 308, Criteria and Standards for the National Pollutant
Discharge Elimination System. |
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The rulemaking incorporates by reference the new United States Environmental
Protection Agency requirements in 40 Code of Federal Regulations, Section 122.21(r),
Applications for Facilities with Cooling Water Intake Structures, and Part 125,
Subchapter I, Requirements Applicable to Cooling Water Intake Structures for New
Facilities Under Section 316(b) of the Act. The rulemaking also corrects the name for
Standard Industrial Classification (SIC) code and requires that Texas Pollutant
Discharge Elimination System permit applications also provide North American
Industry Classification System codes, which have replaced SIC codes. The proposed
rules were published in the December 6, 2002 issue of the Texas Register (27 TexReg
11479). (Curtis Seaton, Robin Smith, Joseph Thomas) (Rule Log No.
2002-066-305-WT) |
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Approve adoption of amended section 305.48 of 30 TAC Chapter 305 and new section 308.91 of 30
TAC Chapter 308, RH/RM. All Agree |
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Item 50. |
Docket No. 2003-0207-RUL. Consideration for publication of, and hearing on,
amended Section 1.3 and proposed new Section 1.13 of 30 TAC Chapter 1, Purpose
of Rules, General Provisions; and new Sections 70.1 - 70.8, General Rules, Sections
70.20 - 70.33, Rules of Practice; and repealed Sections 70.1 - 70.11, Enforcement
Generally, Section 70.51, Mandatory Enforcement Hearings, and Sections 70.101 -
70.109, Enforcement Referrals to SOAH, of 30 TAC Chapter 70, Enforcement. |
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The proposed modifications to Chapter 1 would include making it a rule requirement
that customers and regulated entities submit a completed core data form showing basic
identity information, and keep a copy of the form. The proposed modifications to
Chapter 70 would include making a clear distinction between rules that describe
general enforcement matters and rules of practice in enforcement cases. The proposed
rules would modify the requirements for the executive director to serve the Executive
Director's Preliminary Report on a respondent. (Richard O'Connell, Debra Barber)
(Rule Log No. 2002-063-070-AD) |
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Remanded to Executive Director |
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Item 51. |
Docket No. 2003-0232-RUL. Consideration for publication of, and hearing on,
proposed repeal of Section 116.170; amended Sections 116.12, 116.114 - 116.116,
116.143, 116.150, 116.313, 116.315, and 116.715; and new Sections 116.120,
116.170, and 116.172 of 30 TAC Chapter 116, Control of Air Pollution by Permits
for New Construction or Modification, and corresponding revisions to the state
implementation plan. |
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The proposed rulemaking would require emission reductions be certified as offsets
under Chapter 101, Subchapter H, retaining Chapter 116 as a future internal offset
certification method, ensure timely submission of updated and additional information
used to process new source review applications including the establishment of a
voidance process, require an application for permit renewal to be submitted at least six
months but no earlier than 18 months prior to the permit expiration date, and allow an
additional 18 months before voiding a permit to begin construction of authorized
projects for delays caused by third party litigation or other specific reasons. (Beecher
Cameron, Garrett Arthur, Clifton Wise) (Rule Log No. 2003-003-116-AI) |
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Approve publication and hearing on, proposed repeal of Section 116.170; amended Sections 116.12,
116.114 - 116.116, 116.143, 116.150, 116.313, 116.315, and 116.715; and new Sections 116.120,
116.170, and 116.172 of 30 TAC Chapter 116, and the corresponding SIP revisions. RH/RM. All
Agree |
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EXECUTIVE SESSION |
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Item 52. |
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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Commission met in Executive Session, no action taken |
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Item 53. |
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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Commission met in Executive Session, no action taken |
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Item 54. |
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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Commission met in Executive Session, no action taken
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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 |