AGENDA

Wednesday, April 30, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

EXECUTIVE SESSION
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, April 30, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from agenda of February 20, 2003.
Item 1. Docket No. 2003-0035-RUL. Consideration for publication of proposed new Section 335.26 and amended Sections 335.1 and 335.4 - 335.6 of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The proposed rulemaking would change the timing of deed recordation and notification rules for burial of livestock carcasses and exotic livestock carcasses from agricultural operations to allow immediate burial. The proposed rules would also allow the burial of small quantities of livestock carcasses and exotic livestock carcasses on a farm without deed recordation or notice to the commission. (Tom Weirich, Richard Egan, and Michael Bame) (Rule Log No. 2002-062-335-WS)
Remanded to Executive Director


Huston
Marquez
White

AGENDA

Wednesday, April 30, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 1. Docket No. 2002-0921-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Gerald B. Dipple, Jr. dba Remington Tanner Dairy in Erath County; Texas Pollutant Discharge Elimination System Permit No. 03112; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Sherry Smith)
Issue agreed order, RH/RM. All Agree
AIR QUALITY ENFORCEMENT DEFAULT ORDER
Item 2. Docket No. 2002-0068-AIR-E. Consideration of a Default Order assessing administrative penalties against Fortson Contracting, Inc. in Navarro County; TCEQ Air Account No. NB-0150-I; 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. (Diana Grawitch, Shannon Strong)
Remanded to Executive Director
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2001-0096-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Young Brothers, Inc., Contractors in Brazos County; TCEQ Air Account No. 91-7485-I; 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, Shannon Strong)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2002-0184-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BurCo Concrete, Inc. in Montgomery County; Air Account No. 94-2041-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. (Catherine Sherman, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2002-1192-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Citgo Products Pipeline Company in Tarrant County; Air Account No. TA-0034-C; 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 Texas Administrative Code ch. 60. (Judy Fox, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2002-1273-AIR-E. Consideration of an Agreed Order assessing administrative penalties against HEC Petroleum, Inc. in San Patricio County; TCEQ Air Account No. SD-0086-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, including specifically 30 Texas Administrative Code ch. 60. (Edward R. Moderow, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2002-1220-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mission Resources Corporation in Austin County; Air Account No. AH-0061-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, including specifically 30 Texas Administrative Code ch. 60. (Trina Grieco, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2002-1258-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Royal Baths Manufacturing Company, LTD. in Harris County; Air Account No. HG-5032-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, including specifically 30 Texas Administrative Code ch. 60. (Kimberly McGuire, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2002-1080-AIR-E. Consideration of an Agreed Order assessing administrative penalties against W. Silver Inc. in El Paso County; Air Account No. EE-0091-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, including specifically 30 Texas Administrative Code ch. 60. (Gloria Stanford, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2002-0750-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rhodia, Inc. in Harris County; Air Account No. HG-0697-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. (Carl Schnitz, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2003-0020-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Earthgrains Baking Companies, Inc., a wholly owned subsidiary of Sara Lee Bakery Group, Inc. in Lamar County; Air Account No. LA-0069-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, including specifically 30 Texas Administrative Code ch. 60. (Sheila Smith, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2002-1360-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Republic Waste Services of Texas, Ltd. in Hidalgo County; TCEQ Air Account No. HN-0225-K; Regulated Entity ID No. RN100542364; 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 Texas Administrative Code ch. 60. (Sandra Hernández Alanís, Sherry Smith)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE DEFAULT ORDER
Item 13. Docket No. 2001-0842-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Carolyn Krone in Henderson County; TCEQ ID No. NONE; 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. (Alfred Okpohworho, Shannon Strong)
Issue default order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 14. Docket No. 2001-0288-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Prestige Metals Plating, Inc., in Bexar County; TCEQ SWR No. 39401; for industrial and hazardous 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. (Rebecca Nash Petty, Shannon Strong)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2002-0986-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Wells County in Jim Wells County; Unauthorized Site Nos. 45514013 and 45514017; for air quality and municipal solid 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. (Audra Baumgartner, Sherry Smith)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2002-0934-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Vegas World Oil Services, Inc. in Bexar County; Used Oil Registration No. A85429; 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, including specifically 30 Texas Administrative Code ch. 60. (Steven Lopez, Sherry Smith)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2000-1182-MWD-E. Consideration of an Agreed Order assessing administrative penalties against NJB & Sons, Inc. in McLennan County; TPDES Permit No. 10888-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality. (Lisa Lemanczyk, Shannon Strong)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2002-1322-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Buffalo in Leon County; Texas Pollutant Discharge Elimination System No. 10022-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Michael Meyer, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2001-0988-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of West Tawakoni in Hunt County; Texas Pollutant Discharge Elimination System Permit No. 11331-001 (expired); 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, Sherry Smith)
Issue agreed order, RH/RM. All Agree
ON SITE SEWAGE INSTALLER ENFORCEMENT AGREED ORDER
Item 20. Docket No. 2002-0665-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Randy Koonsman dba Koonsman Backhoe in Knox County; On-site Sewage Facility Installer No. 5888; for on-site sewage violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Laurie Eaves, Sherry Smith)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 21. Docket No. 2002-0307-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Thoroughbred Properties, Inc. dba Douglass General Store in Nacogdoches County; TCEQ PST Facility ID No. 0002202; 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, Shannon Strong)
Remanded to Executive Director
Item 22. Docket No. 2001-1166-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Seung Jae Lee dba Young's Mart 2 and John Cha dba Young's Mart 2 in Jim Wells County; TCEQ PST Facility ID No. 61902; 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. (Gitanjali Yadav, Shannon Strong)
Issue default order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2002-0731-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammad Khan Khokhar dba Go 4 It Food & Fuel in Fort Bend County; Petroleum Storage Tank Facility ID No. 48125; 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, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2002-0823-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ahmad Issa dba Kwik Mart in Tarrant County; Petroleum Storage Tank Facility ID No. 0050022; 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. (Jorge Ibarra, P.E., Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 25. Docket No. 2002-0472-PST-E. Consideration of an Agreed Order assessing administrative penalties against Payless Fuel Centers of Texas, LLC dba Payless Fuel Center in Dallas County; Petroleum Storage Tank Facility ID No. 0055093; 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, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2002-0959-PST-E. Consideration of an Agreed Order assessing administrative penalties against Texas SAI, Inc., dba Texas Star Grocery in Galveston County; Petroleum Storage Tank Facility ID No. 0073258; 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. (Bradley Brock, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2002-1212-PST-E. Consideration of an Agreed Order assessing administrative penalties against Harris Methodist Southwest dba Harris Methodist Southwest Hospital in Tarrant County; Petroleum Storage Tank Facility ID No. 0046352; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Judy Fox, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2001-0820-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chaudray, Inc. dba Hoff's Food Stop in San Patricio County; TCEQ PST Facility ID No. 53420; 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)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2002-0758-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petroleum Wholesale, Inc. in Harris 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. (Catherine Sherman, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2002-0721-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lindell, Incorporated dba Pic Quick in Williamson County; Petroleum Storage Tank Facility ID No. 0037501; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Lawrence King, Sherry Smith)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 31. Docket No. 2002-1062-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Princeton in Collin County; Public Water Supply No. 0430008; for drinking water quality violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kent Heath, Sherry Smith)
Remanded to Executive Director
Item 32. Docket No. 2001-1358-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Flat Creek Cove Water Supply in Henderson County; TCEQ PWS ID No. 1070155; 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. (Shannon Strong)
Issue agreed order, RH/RM. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 33. Docket No. 2002-1227-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Antonio C. Huerta dba Tony's Septic Cleaning in McCulloch County; Sludge Transporter ID No. None; 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 Texas Administrative Code ch. 60. (Gary Shipp, Sherry Smith)
Issue agreed order, RH/RM. All Agree
RULE MATTERS
Item 34. Docket No. 2002-1375-RUL. Consideration of the adoption of proposed amendments to Chapter 114, Control of Air Pollution from Motor Vehicles, Sections 114.21, Exemptions; 114.260, Transportation Conformity; and 114.452, Control Requirements; and corresponding revisions to the state implementation plan.
The adoption would: consolidate requirements for motor vehicle dealers and establish a retention period for certain records in Section 114.21; incorporate by reference amendments to federal regulations on transportation conformity and establish a compliance date in Section 114.260; and delay the deadline for lawn and garden equipment operators in the Houston/Galveston ozone nonattainment area to file emission reduction plans in Section 114.452. The proposed rules were published in the February 7, 2003 issue of the Texas Register (28 TexReg 1043). (Morris Brown, Margie McAllister, Roland Castaneda, Kerri Rowland, Joseph Thomas)(Rule Log No. 2003-008-114-AI)
Approve adoption of amendments to Chapter 114, sections 114.21, 114.260 and 114.452, and corresponding revisions to the state implementation plan. RM/RH. All Agree
Item 35. Docket No. 2003-0303-RUL . Consideration for publication of, and hearing on, amended sections in 30 TAC Chapter 30, Occupational Licenses and Registrations, Sections 30.237, 30.240, 30.242, 30.244, and 30.246.
The proposed rulemaking would allow individuals licensed as professional geoscientists by the State of Texas, to become site evaluators, provided the individuals meet the other requirements for a site evaluator license. The proposed rules would not allow a person who is only certified as a professional soil scientist to obtain a site evaluator license. Additionally, the proposed rulemaking would delete experience requirements for obtaining Installer II and site evaluator licenses and delete requirements that are no longer applicable. (Warren Samuelson, Jacquelyn Boutwell, Michael Bame) (Rule Log No. 2003-009-030-WT)
Approve publication and hearing on amended sections in 30 TAC Chapter 30, RH/KW. All Agree
Item 36. Docket No. 2003-0305-RUL. Consideration for publication of amended Sections 312.8, 312.50, and 312.64 of 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation; and amended Sections 321.32, 321.35, 321.39, 321.55, 321.252, 321.255, 321.271, and 321.274 of 30 TAC Chapter 321, Control of Certain Activities by Rule.
The proposed rulemaking would implement Texas Civil Statutes, Article 3271b, by requiring a person who prepares and submits geoscientific information to the agency to be a licensed professional geoscientist. (Michael Chadwick, John Williams, Michael Bame) (Rule Log No. 2001-051C-312-WS)
Approve publication of amended Sections 312.8, 312.50, and 312.64 of 30 TAC Chapter 312, and amended Sections 321.32, 321.35, 321.39, 321.55, 321.252, 321.255, 312.271 and 321.274, RH/RM. All Agree
Item 37. Docket No. 2003-0387-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; Subchapter A, Definitions, Section 115.10; Subchapter C, Volatile Organic Compound Transfer Operations, Sections 115.216 and 115.217; Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes, Sections 115.352, 115.354, 115.357, and 115.359; and Subchapter H, Highly-Reactive Volatile Organic Compounds, Sections 115.722, 115.725 - 115.727, 115.729, 115.764, 115.767, 115.781, 115.783, 115.785, 115.787, and 115.789; and corresponding revisions to the state implementation plan (SIP).
The proposed rulemaking would include revisions to the source control requirements which are already included within the SIP submitted for the Houston/Galveston ozone nonattainment area. The amendments also modify existing portions of the Chapter 115 rules which apply in the Beaumont/Port Arthur, Dallas/Fort Worth, and El Paso ozone nonattainment areas, as well as in 95 attainment counties located in east and central Texas, in order to improve implementation of the existing Chapter 115 rules. (Eddie Mack, Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Log No. 2003-027-115-AI)
Approve publication and hearing on proposed amendments to 30 TAC Chapter 115, and corresponding revisions to the state implementation plan (SIP). RM/KW. All Agree
EXECUTIVE SESSION
Item 38. 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 met in Executive Session, no action taken
Item 39. 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 met in Executive Session, no action taken
Item 40. 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 met in Executive Session, no action taken
(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.)
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, April 30, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 41. Docket No. 2003-0495-DIS. CONSIDERATION OF THE APPLICATION BY FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT FOR APPROVAL OF $28,230,000 SPECIAL ASSESSMENT AND TAX INCREMENT CONTRACT REVENUE SERIES 2003A BONDS AND $10,836,990 TAX INCREMENT CONTRACT REVENUE SERIES 2003C BONDS. For Commission consideration. Applicant requests approval of a bond issue to finance construction of water, sewer and drainage improvements to serve the land within the District and fill and other drainage improvements required to reclaim developable land in the District.
Remanded to Executive Director


OLD BUSINESS AGENDA

Wednesday, April 30, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item carried forward from agenda of March 19, 2003.
Item 1. TCEQ Docket No. 2001-0130-PST-E; SOAH Docket No. 582-02-2948. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Alauddin Investments, Inc. dba Kwik Trip Food Store, for alleged petroleum storage tank violations at its facility located at 551 Fredricksburg Road, San Antonio, Bexar County, Texas.
Accept the Administrative Law Judge's proposal for decision and order, accept the exceptions as submitted by the executive director and modify corrections to order, as recommended by General Counsel, RH/RM. All Agree


ADDENDUM TO AGENDA

Wednesday, April 30, 2003

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

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

Item 1. TCEQ Docket No. 2003-0453-IWD. Consideration of the Motion to Overturn filed by Dow Chemical Company concerning the issuance of TPDES Permit No. 00007 by the Executive Director on March 21, 2003. The permit authorizes the treatment and disposal of wastes from the company's inorganic chemical manufacturing plant located at 2301 North Brazosport Boulevard north of the City of Freeport in Brazoria County, Texas. The discharge is to the Brazos River Tidal in Segment No. 1201 of the Brazos River Basin.
No action will be taken on this matter, MTO withdrawn.
Item 2. TCEQ Docket No. 2003-0461-IWD. Consideration of the Motion to Overturn filed by the Executive Director with regard to the issuance of TPDES Permit No. 01039 to Texas Genco, LP on March 17, 2003. The permit authorizes Texas Genco, LP to treat and dispose of wastes from the T.H. Wharton Electric Generating Station, a steam electric station, located at 16301 State Highway 249, approximately 1,000 feet south of the intersection of Mills Road and State Highway 249, in the City of Houston, Harris County, Texas. The discharge is via a facility drainage ditch to Greens Bayou Above Tidal in Segment No. 1016 of the San Jacinto River Basin.
The Commission granted the Motion to Overturn, set aside TPDES Permit No. 01039 issued by the Executive Director on March 17, 2003, and remanded the application to the Executive Director in order to allow for additional discussions with the U.S. Environmental Protection Agency regarding water quality standards issues. In addition, the Commission stated that, as provided by 30 Texas Administrative Code Section 305.62(g), the permit granted by the Commission on December 16, 1999 remains in effect until action on the application has been finally determined by the Commission. RM/KW. All Agree