Kathleen White

Larry Soward

Ralph Marquez


AGENDA


Wednesday, October 22, 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.

Commissioners did not meet in closed 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.

Commissioners did not meet in closed 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.

Commissioners did not meet in closed session.




                   

OLD BUSINESS AGENDA


Wednesday, October 22, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item continued from agenda of September 24, 2003.

Item 1.

Docket No. 2003-0758-RUL. Consideration of a petition for rulemaking under 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds.

 

This petition was filed by Public Citizen’s Texas Office, Environmental Defense, Texas Public Interest Research Group, and the Sustainable Energy and Economic Development Coalition. The petitioners request that the commission amend or add rules to require boilers, process heaters, and stationary engines and gas turbines at minor sources in the East Texas Region to meet requirements currently applicable only to such sources in the Houston/Galveston ozone nonattainment area; clarify the reporting requirements for exempt units; require that as of June 1, 2006, stationary diesel engines use only low sulfur diesel; require registration and signage for diesel units claimed exempt; and require that all stationary, diesel reciprocating internal combustion engines in the East Texas Region meet the emission rate specified in the air quality standard permit for electric generating units by May 1, 2010. (Eddie Mack, Janis Hudson, Debra Barber) (Rule Log No. 2003-068-PET-AI)

Approve the ED’s recommendation to deny the petition. RM/KW; all agree.




AGENDA


Wednesday, October 22, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S



 

HEARING REQUEST

Item 1.

Docket No. 2003-0720-WR. Consideration of an amendment to an application by Troyat Underwood to extend or delete the expiration date in Certificate of Adjudication No. 12-3526, which allows the diversion of 20 acre feet of water per year for agricultural use on 20 acres of land from a reservoir with 20 acre feet of capacity which is exempt from permitting under Section 11.142 of the Texas Water Code in Comanche County. The diversion is from an unnamed tributary of the Sabanal River, Brazos River Basin, Comanche County. Underwood seeks to delete the expiration date of December 31, 2000 and to divert an additional 10 acre feet of water per year from the reservoir to irrigate an additional 73 acres of land in Comanche County. The Executive Director recommends that the application be granted with an expiration date of December 31, 2009. The Commission will consider any hearing requests or responses which have been filed. (Robin Smith/Kathy Hopkins)

Grant Ms. Swafford’s hearing request, refer the matter to SOAH for a hearing with a maximum duration of 4 months, and request ADR staff contact Ms. Swafford to determine if she would like to resume mediation. KW/RM; all agree.

 

AIR QUALITY ENFORCEMENT AGREED ORDERS

Item 2.

Docket No. 2000-0565-AIR-E. Consideration of an Amended Agreed Order requiring certain actions of Air Liquide America Corporation in Brazoria County; Air Account No. BL-0626-U; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (David Speaker, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 3.

Docket No. 2002-0365-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Das Brot, Inc. dba Texas Crumb & Food Products in Dallas County; TCEQ ID No. DB-3131-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, including specifically 30 Tex. Admin. Code ch 60. (Richard O’Connell, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 4.

Docket No. 2003-0520-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Acadia Elastomers Corporation dba JM Clipper Corporation in Nacogdoches County; Air Account No. NA-0035-U, Air Permit No. 16885; 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. (Catherine Sherman, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 5.

Docket No. 2003-0285-AIR-E. Consideration of an Agreed Order assessing administrative penalties against G-P Gypsum Corporation in Hardeman County; TCEQ Air Account No. HE-0006-D, Air Permit No. O-01088; 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. (Carolyn Easley, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 6.

Docket No. 2003-0548-AIR-E. Consideration of an Agreed Order assessing administrative penalties against High Island Petrochemicals, L.L.C. in Chambers County; Air Account No. CI-0113-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. (Laura Clark, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 7.

Docket No. 2003-0410-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oasis Pipe Line Company Texas L.P.in Caldwell County; Air Account No. CA-0027-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 8.

Docket No. 2002-1310-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Osburn Contractors, Incorporated in Dallas County; Air Account No. 93-2818-Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jorge Ibarra, P.E., Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 9.

Docket No. 2003-0262-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ocean Energy, Inc.; Todville Production Facility; Taylor Lake Facility; Seabrook No. 1 & Clear Creek No. 1 Facility in Harris County; TCEQ Air Acct. ID Nos. HX-1530-F, HX-1519-Q, TCEQ Central Registry No. RN103016788; 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. (Terry Murphy, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 10.

Docket No. 2003-0263-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Quicksilver Resources, Inc. in Harris County; Air Account No. FG-0629-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, including specifically 30 Texas Administrative Code ch. 60. (J. Craig Fleming, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 11.

Docket No. 2003-0541-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ysleta Independent School District in El Paso County; Air Account No. EE-1018-R; for air 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, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 12.

Docket No. 2003-0607-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Lifetime Doors, Inc. in Robertson County; Air Account No. RI-0010-S; 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. (Laura Clark, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

EDWARDS AQUIFER ENFORCEMENT AGREED ORDER

Item 13.

Docket No. 2003-0399-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Hays Consolidated Independent School District in Hays County; Edwards Aquifer Protection Program File No. 02070204; for Edwards Aquifer 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. (Rick Ciampi, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER

Item 14.

Docket No. 2003-0349-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Universal Forest Products Texas Limited Partnership dba Universal Forest Products in Walker County; Solid Waste Registration No. 86058; 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, including specifically 30 Texas Administrative Code ch. 60. (Catherine Sherman, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 15.

Docket No. 2003-0255-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Participation Development Corporation (Texas), Inc. in Henderson County; Texas Pollutant Discharge Elimination System Permit No. 11506-001; 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. (Sushil Modak, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 16.

Docket No. 2003-0365-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southwest Nut Company in El Paso County; Regulated Entity No. 102924529; 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. (Laura Clark, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 17.

Docket No. 2003-0171-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Plains Cotton Cooperative Association in Comal County; Texas Pollutant Discharge Elimination System Permit No. 00335; 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. (Merrilee Gerberding, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDER

Item 18.

Docket No. 2003-0106-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jose Fernandez in Hidalgo County; Regulated Entity ID No. RN102004348; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jaime Garza, Laurie Eaves)

Remanded to the Executive Director.

 

MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

Item 19.

Docket No. 2002-1340-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of La Grulla in Starr County; Municipal Solid Waste Permit No. 1033AE, Regulated Entity Nos. RN102213402 and RN102955028, Used Oil Registration No. None; for municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 371, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Jaime Garza, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

Item 20.

Docket No. 2002-0221-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Brownsville Navigation District in Cameron County; Expired TCEQ TPDES Permit No. 10332-005; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robert Hernandez, Laurie Eaves)

Remanded to the Executive Director. KW/RM; all agree.

Item 21.

Docket No. 2002-1183-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of H.I.S. INSTEAD, Inc. in Gregg County; TCEQ Regulated Entity Reference Number RN103065041; 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. (Steven Lopez, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 22.

Docket No. 2003-0078-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Florence in Williamson County; Texas Pollutant Discharge Elimination System Permit No. 10944-001; 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. (Thomas E. Jecha, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 23.

Docket No. 2003-0141-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Double Diamond Utilities Co. in Palo Pinto County; Texas Pollutant Discharge Elimination System Permit No. 02789-201A; 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. (David Van Soest, Laurie Eaves)

Remanded to the Executive Director.

Item 24.

Docket No. 2003-0139-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Rhome in Wise County; Texas Pollutant Discharge Elimination System Permit No. 10701-002; 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. (Thomas Greimel, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 25.

Docket No. 2002-1425-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Yantis in Wood County; Texas Pollutant Discharge Elimination System Permit No. 12187-001, Regulated Entity No. 101918589, 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. (Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 26.

Docket No. 2002-0930-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Shamrock in Wheeler County; Water Quality Permit No. 10279-003; 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. (Ronnie Kramer, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 27.

Docket No. 2003-0174-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Reed Parque Limited Partnership in Harris County; Texas Pollutant Discharge Elimination System Permit No. 13968-001; 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. (Steven Lopez, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 28.

Docket No. 2003-0121-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Conroe Sand & Clay LTD. in Montgomery County; Regulated Entity No. RN102910221; 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. (Rebecca Johnson, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

PETROLEUM STORAGE TANKS ENFORCEMENT AGREED ORDERS

Item 29.

Docket No. 2002-0372-PST-E. Consideration of an Agreed Order assessing administrative penalties against K. R. Andani Corporation dba GP Mart in Dallas County; TCEQ ID No. 0021876; for petroleum storage tank violations and air quality violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Richard S. O’Connell, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 30.

Docket No. 2003-0338-PST-E. Consideration of an Agreed Order assessing administrative penalties against Andrews Transport Inc. in Fort Bend County; Regulated Entity No. 100670975; 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. (Kimberly McGuire, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

PETROLEUM STORAGE TANKS ENFORCEMENT DEFAULT ORDER

Item 31.

Docket No. 2002-0187-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Nizar Makani dba King Food Mart in Denton County; TCEQ 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. (Diana Grawitch, Laurie Eaves)

Approved the default order; KW/LS; all agree.

 

PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

Item 32.

Docket No. 1999-1093-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Norman Barnett dba Villa Utilities in Harris and Chambers Counties; TCEQ ID Nos. 0360026, 1011183, 1011684, 1010945, 1010204, and 0360042; TCEQ CCN No. 12079; for public drinking water violations pursuant to Tex. Water Code ch. 13 and section 5.702, Tex. Health & Safety Code ch. 341, and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 33.

Docket No. 2003-0363-PWS-E. Consideration of an Agreed Order assessing administrative penalties against 1500 Barton Springs, Inc. dba Crestview RV Center in Hays County; Public Water Supply 1050026; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kent Heath, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 34.

Docket No. 2003-0511-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Butler Water Supply Corporation in Freestone County; Public Water Supply No. 0810013; for drinking water quality violations pursuant to Tex. Health & Safety Code Ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Elvia Maske, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 35.

Docket No. 2003-0209-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Weslaco in Hidalgo County; Public Water Supply No. 1080011, Certificate of Convenience No. 10568, for water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kent Heath, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

Item 36.

Docket No. 2003-0253-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Springtown in Parker County; Public Water Supply No. 1840003; RN101392397; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Judy Fox, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

WATER RIGHT ENFORCEMENT AGREED ORDER

Item 37.

Docket No. 2003-0506-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Cooper in Delta County; Public Water Supply No. 0600001, RN No. 101212082; for water rights 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, Laurie Eaves)

Approved the agreed order; KW/LS; all agree.

 

MUNICIPAL SOLID WASTE

Item 38.

Docket No. 2003-0677-MSW. Consideration of nominations and appointment of ten individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council. Contact: (Gary W. Trim)

Approve the ED’s nominations, KW/RM; all agree.

 

RULE MATTERS

Item 39.

Docket No. 2003-0822-RUL. Consideration for publication of, and hearing on, a proposed amendment to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; Subchapter H, Highly-Reactive Volatile Organic Compounds; Section 115.769, Counties and Compliance Schedules; and a corresponding revision to the state implementation plan (SIP).

 

The proposed rulemaking would include a revision to the source control requirements which are already included within the SIP submitted for the Houston/Galveston ozone nonattainment area. (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Log No. 2004-008-115-AI)

Approve publication of, and hearing, on proposed amendment to 30 TAC Chapter 115, RM/KW; all agree.

Item 40.

Docket No. 2003-0753-RUL. Consideration of the adoption of amendments to 30 TAC Chapter 114, Subchapter K, Division 3, Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles, Sections 114.620 - 114.622, and 114.629; and new Section 114.623. The adopted amendments implement House Bill 1365, 78th Legislature, Regular Session, 2003.

 

The adoption would expand the types of applicants and projects eligible for Texas Emissions Reduction Plan funding, add counties to the list of the affected counties wherein projects are eligible for funding, and establish a simplified grant and reimbursement process for small businesses. The notice of intent to adopt this emergency rulemaking was published in the October 3, 2003 issue of the Texas Register. (Steve Dayton, Rebecca Davis, Debra Barber) (Rule Log No. 2003-053-114-AI)

Approve adoption of amendments to 30 TAC Chapter 114, RM/KW; all agree.

Item 41.

Docket No. 2003-0754-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 114, Subchapter K, Division 3, Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles, Sections 114.620 - 114.622, and 114.629; and new Section 114.623; and corresponding changes to the state implementation plan. The proposed amendments implement House Bill 1365, 78th Legislature, Regular Session, 2003.

 

The proposed rulemaking would expand the types of applicants and projects eligible for the Texas Emissions Reduction Plan funding, add counties to the list of the affected counties wherein projects would be eligible for funding, and establish a simplified grant and reimbursement process for small businesses. (Steve Dayton, Rebecca Davis, Debra Barber) (Rule Log No. 2003-048-114-AI)

Approve publication of, and hearing on, proposed amendment to 30 TAC Chapter 114, RM/KW; all agree.

Item 42.

Docket No. 2003-0387-RUL. Consideration for adoption of 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 adopted 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 would 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. The proposed rules were published in the May 16, 2003 issue of the Texas Register (28 TexReg 3905). (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Log No. 2003-027-115-AI)

Approve adoption of amendments to 30 TAC Chapter 115, RM/KW; all agree.

 

STATE IMPLEMENTATION PLAN

Item 43.

Docket No. 2003-0944-SIP. Consideration for publication of and hearing on a proposed revision to the Texas State Implementation Plan (SIP).

 

The proposed revision would incorporate a memorandum of agreement (MOA) and associated supporting documentation between the North Central Texas Council of Governments (NCTCOG) and TCEQ into the SIP. This MOA commits the NCTCOG to provide the Dallas-Fort Worth International Airport with offsets in the amount of 0.32 tons per day (tpd) of nitrogen oxides (NOx) and 0.07 tpd of volatile organic compounds (VOCs) in 2007, to include the airport project?s emissions into the regional transportation plans (Metropolitan Transportation Plan and Transportation Improvement Plan), and to adjusting the calculated 2015 on-road emission estimates by an increase of 1.17 tpd and 0.26 tpd for NOx and VOCs, respectively, in future transportation conformity demonstrations. This commitment is needed in order for the Federal Aviation Administration to address requirements under state and federal general conformity regulations. A SIP revision is required in order to make the NCTCOG commitments federally enforceable. (Eve Hou, John Minter)

Reposted as Item 47.

 

EXECUTIVE SESSION

Item 44.

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.

No action taken.

Item 45.

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.

No action taken.

Item 46.

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.

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 OFFICE OF THE CHIEF CLERK AT (512) 239-3300 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 THE OFFICE OF THE CHIEF CLERK AT (512) 239-3300 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, October 22, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S



Item 47.

Docket No. 2003-0944-SIP. Consideration for publication of and hearing on a proposed revision to the Texas State Implementation Plan (SIP).

 

The proposed revision would incorporate a memorandum of agreement (MOA) between the North Central Texas Council of Governments’ Regional Transportation Council (“RTC”) and the TCEQ into the SIP. This MOA commits the RTC to provide the Dallas-Fort Worth International Airport with offsets in the amount of 0.18 tons per day (tpd) of nitrogen oxides (NOx) and 0.04 tpd of volatile organic compounds (VOCs) in 2007, to include the airport project’s emissions into the regional transportation plans (Metropolitan Transportation Plan and Transportation Improvement Plan), and to adjust the calculated 2015 on-road emission estimates by an increase of 1.16 tpd and 0.26 tpd for NOx and VOCs, respectively, in future transportation conformity demonstrations. This commitment is needed in order for the Federal Aviation Administration to address requirements under state and federal general conformity regulations. A SIP revision is required in order to make the RTC’s commitments federally enforceable. (Eve Hou, John Minter)

Approve publication of, and hearing on, proposed revision to the Texas State Implementation Plan, RM/KW; all agree.




OLD BUSINESS AGENDA


Wednesday, October 22, 2003


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S



 

Item carried forward from Agenda of September 24, 2003.

Item 1.

TCEQ Docket No. 2002-0834-UCR; SOAH Docket No. 582-02-3838. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of the City of Southlake to amend its water Certificate of Convenience and Necessity No. 10101 and decertify a portion of AquaSource Utility, Inc.'s water Certificate of Convenience and Necessity No. 11157 in Denton County.

Item continued to the November 19, 2003 agenda.

 

Item continued from agendas of June 18, 2003, July 23, 2003, and September 10, 2003.

Item 2.

TCEQ Docket No. 2002-1115-UCR; SOAH Docket No. 582-03-0674. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the City of Elgin's Petition to Cancel Certificate of Convenience and Necessity No. 20120 in Bastrop County, Texas.

Item continued to December 3, 2003, RM/JS; all agree.