Kathleen White
Ralph Marquez
Larry Soward


OLD BUSINESS AGENDA


Wednesday, January 14, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S



                   Continued from the December 3 and December 17, 2003 agendas.

 

Item 1.        Docket No. 2001-1005-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dennis Schouten, Cornelius Schouten, and Nicholas Schouten, dba Dennis Schouten Dairy in Erath County; TCEQ ID No. 04133-000; 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 Tex. Admin. Code ch. 60. (James P. Biggins, Benjamin de Leon)


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





AGENDA


Wednesday, January 14, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S



                   HEARING REQUESTS

 

Item 1.        Docket No. 2003-0707-AIR. Consideration of application by Southwestern Electric Power Company for renewal of Air Quality Permit No. 6269 to authorize the continued operation of Utility Boiler 1 at the HW Pirkey Power Plant . The plant site is located at 2400 Farm Road 3251, Hallsville, Harrison 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. (Norma Rodriguez/John Minter)


Issue the permit and adopt the Executive Director's response to comments, as the hearing request was withdrawn. KW/LS; all agree.

   

Item 2.        Docket No. 2003-1411-AIR. Consideration of application by BP Products North America, Inc. for renewal of permit number 9606 for Alkylation Unit No. 3 to authorize the continued operation of alkylation unit No. 3. The existing facility is located at 2401 5th Avenue South in Texas City, Galveston 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. (Stephen E. Anderson / Garrett Arthur)


Deny the hearing request, approve the permit renewal, adopt the Executive Director's response to comments. RM/KW; all agree.

   

Item 3.        Docket No. 2003-1410-AIR. Consideration of application by BP Products North America, Inc. for renewal of Air Quality Permit No. 22107 to authorize continued operation of the wastewater treatment plant flare at the BP Products North America, Texas City site. The facility is located at 2401 5th Ave. S in Texas City, Galveston 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. (Heather Simon / Garrett Arthur)


Deny the hearing request, approve the permit renewal, adopt the Executive Director's response to comments. RM/KW; all agree.

   

Item 4.        Docket No. 2003-1434-AIR. Consideration of application by Union Carbide Corporation for renewal of Air Quality Permit No. 18369 to authorize the continued operation of its SVR-2 Vinyl Resins Facility and for renewal of Air Quality Permit No. 2958A to authorize the continued operation of its Boiler 53 turbine. Permit No. 2958A would also be altered to authorize the additional emission of 0.94 tons per year of volatile organic compounds under 30 TAC 106.261. Both facilities are at the plant site located at 3301 Fifth Avenue South, in Texas City, Galveston 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. (Rich Carpenter/Richard Hughes/Rebecca Davis)


Deny the hearing request, issue the permit and adopt the Executive Director's response to comments. KW/RM; all agree.

 

Item 5.        Docket No. 2003-1409-AIR. Consideration of application by Jones Blair Company for the amendment of Air Quality Permit No. 4523 to add several grandfathered facilities and other existing facilities authorized under 30 TAC Chapter 106, Permits By Rule. The site is located at 2728 Empire Central in Dallas, Dallas County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (John Barrientez / Rebecca Davis)


Deny Ms. Esther S. Benavides' continuance request, but grant her hearing request and refer to SOAH the following issue for a hearing with a duration of four months: Will the air emissions identified in the draft permit adversely affect Ms. Benavides' health; deny all other requests, but request the ALJ reconsider the requests of Ms. Gomez, Ms. Garza, and Ms. Guendulain if they appear at the hearing. RM/KW, all agree.


                   AGRICULTURAL ENFORCEMENT AGREED ORDER

 

Item 6.        Docket No. 2001-1368-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Steve Henricus Byl and Paul Byl dba Dutch Cowboy Dairy in Erath County; TCEQ ID No. 03316; for dairy operation water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Benjamin J. de Leon, Becky Petty)


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

    

                   AIR QUALITY ENFORCEMENT AGREED ORDERS

 

Item 7.        Docket No. 2003-0651-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Weatherford Aerospace, Inc. in Parker County; Air Account No. PC-0008-N; 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. (Wendy Cooper, Kent Heath


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

   

Item 8.        Docket No. 2003-0540-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Woolslayer Companies, Inc. in Liberty County; Air Account No. LH-0213-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. (Trina Grieco, Kent Heath)


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

Item 9.        Docket No. 2001-1044-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ExxonMobil Oil Corporation dba Mobil Chemical Company in Jefferson County; TCEQ ID No. JE-0062-S; for air quality violations pursuant to Tex. Health and Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (David Speaker, Becky Petty)


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

   

Item 10.     Docket No. 2002-0176-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Saint-Gobain Vetrotex America, Inc. in Wichita County; Air Account No. WH-0014-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. (Vanessa Davis, Kent Heath)


Re-posted as Item 57.

   

Item 11.     Docket No. 2003-0108-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Northern Natural Gas Company in Schleicher County; Air Account No. SF-0036-Q; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Carl Schnitz, Kent Heath)


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


                   AIR QUALITY ENFORCEMENT DEFAULT ORDER

   

Item 12.     Docket No. 2002-0714-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Matt Dietz dba Matt Dietz Company in Zapata County; TCEQ ID No. ZA-0177-P; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. (Shannon Strong, Becky Petty)


Remanded to the Executive Director.


                    INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER

 

Item 13.     Docket No. 2003-0290-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Air Liquide America LP in Brazoria County; Texas Pollutant Discharge Elimination System Permit No. 01954; for water quality violations pursuant to Tex. Water Code chs. 5, 7 and 26, Tex. Health & Safety Code chs. 341, 361 and 370, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Sherry Smith, Kent Heath)


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

    

                   MULTI-MEDIA MATTER ENFORCEMENT DEFAULT ORDER

 

Item 14.     Docket No. 2002-0952-MLM-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of M Transports, Incorporated in Cameron County; TCEQ ID No. HAU0031; for used oil and water quality violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 371, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Shannon Strong, Becky Petty)

    

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


                    MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

 

Item 15.     Docket No. 2002-1034-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Fort Bend County Municipal Utility District No. 112 in Fort Bend County; Texas Pollutant Discharge Elimination System Permit No. 13628-001; 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, Kent Heath)


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

   

Item 16.     Docket No. 2002-0945-MWD-E. Consideration of an Agreed Order concerning Central Independent School District Public Facility Corporation dba Central Independent School District in Angelina County; TCEQ ID No. 12214-001; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Robin Chapman, Becky Petty)


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

   

Item 17.     Docket No. 2003-0362-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lipar Group, Inc. in Montgomery County; Texas Pollutant Elimination System Permit No. 14029-001; 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. (David Van Soest, Kent Heath)


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


                   PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 18.     Docket No. 2003-0982-PST-E. Consideration of an Agreed Order assessing administrative penalties against Michael Meadows dba Independence Food Center in Washington County; Petroleum Storage Tank Facility ID No. 0036794; 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. (Subhash Jain, Kent Heath)


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

 

Item 19.     Docket No. 2003-1049-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ajay & Anil Interests, Inc. in Matagorda County; Petroleum Storage Tank Facility ID No. 0033597, Regulated Entity Reference No. RN101748796; 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. (Suzanne Walrath, Kent Heath)


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

   

Item 20.     Docket No. 2003-0160-PST-E. Consideration of an Agreed Order assessing administrative penalties against Donna Independent School District in Hidalgo County; Petroleum Storage Tank Facility No. 45503 and Regulated Entity ID No. RN102465051; 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. (Gloria Stanford, Kent Heath)


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

   

Item 21.     Docket No. 2003-0961-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Columbus ISD in Colorado County; Petroleum Storage Tank Facility ID No. 49494, Regulated Entity ID No. RN101907053; 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. (Michael Meyer, Kent Heath)


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

   

Item 22.     Docket No. 2003-0975-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Khalid M. Hashmi dba CFM in Bell County; Petroleum Storage Tank ID No. 0033647, Regulated Entity ID No. RN101674372; 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. (Cari Bing, Kent Heath)


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

   

Item 23.     Docket No. 2003-0814-PST-E. Consideration of an Agreed Order assessing administrative penalties against Riad A. Saidi dba Madco Grocery in Harris County; Petroleum Storage Tank Facility ID No. 49027; 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, Kent Heath)


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

   

Item 24.     Docket No. 2002-0286-PST-E. Consideration of an Agreed Order assessing administrative penalties against Addison Enterprises, Inc. in Dallas County; TCEQ ID No. 0010887; for petroleum storage tank violations pursuant to Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality. (Benjamin J. de Leon, Becky Petty)


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

   

Item 25.     Docket No. 2002-1002-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Firoz Virani in Bexar County; TCEQ ID No. 47878; for petroleum storage tank violations pursuant to Tex. Water Code chs. 5, 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Snehal R. Patel, Becky Petty)


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

   

Item 26.     Docket No. 2001-0960-PST-E. Consideration of an Agreed Order assessing administrative penalties against PetroTex Fuels, Inc. in Orange County; TCEQ ID NO. 17618; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (David Speaker, Becky Petty)


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

   

Item 27.     Docket No. 2003-0867-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dan's Texaco Service, Inc. in Travis County; Petroleum Storage Tank Facility ID No. 23202, Regulated Entity ID No. RN101444131; 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. (Cari Bing, Kent Heath)


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

   

Item 28.     Docket No. 2003-0966-PST-E. Consideration of an Agreed Order assessing administrative penalties against Cyn-Gail Partners in Palo Pinto County; Petroleum Storage Tank Facility No. 0020407; 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. (Subhash Jain, Kent Heath)


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

   

Item 29.     Docket No. 2003-0800-PST-E. Consideration of an Agreed Order assessing administrative penalties against Medhat Ahmed Sharara dba Bellaire Mobil in Harris County; Petroleum Storage Tank Facility ID No. 0026342; 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. (Chris Friesenhahn, Kent Heath)


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

   

Item 30.     Docket No. 2003-0821-PST-E. Consideration of an Agreed Order assessing administrative penalties against The Adobe Group, Inc. dba Fisherman's Wharf in Cameron County; Petroleum Storage Tank Facility ID No. 14882; 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. (Edward R. Moderow, Kent Heath)


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

   

Item 31.     Docket No. 2003-0815-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mohammad Hassan Mansoori dba Sonny's Texaco in Dallas County; Petroleum Storage Tank Facility ID No. 13582; 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, Kent Heath)


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

   

Item 32.     Docket No. 2003-0818-PST-E. Consideration of an Agreed Order assessing administrative penalties against Snyder One-Stop, Inc. in Scurry County; Petroleum Storage Tank Facility ID No. 37741; 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. (Edward R. Moderow, Kent Heath)


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

   

Item 33.     Docket No. 2003-0812-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Henry T. Thornton dba Shade Grocery in Liberty County; Petroleum Storage Tank Facility ID No. 0011531; 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. (John Schildwachter, Kent Heath)


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

   

Item 34.     Docket No. 2003-0859-PST-E. Consideration of an Agreed Order assessing administrative penalties against Minesh Patel in Harris County; Petroleum Storage Tank Facility ID No. 29301, Regulated Entity No. 102401528; 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. (Merrilee Gerberding, Kent Heath)


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

   

Item 35.     Docket No. 2003-1071-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Raymond Martin dba Martin Oil Company dba In-N-Out Grocery #1 in Palo Pinto County; Petroleum Storage Tank Facility ID No. 11932; 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. (Christina McLaughlin, Kent Heath)


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

 

Item 36.     Docket No. 2003-0965-PST-E. Consideration of an Agreed Order assessing administrative penalties against Eastern Dhaka, Inc. dba Paks Food Store in Galveston County; Petroleum Storage Tank Facility ID No. 35237; 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, Kent Heath)


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


                   PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS

   

Item 37.     Docket No. 2003-0226-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of M&M Innovations, Inc. dba K&W Grocery in Ellis County; TCEQ ID No. 0018921; 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 Tex. Admin. Code ch. 60. (Lindsay Andrus, Becky Petty)


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

   

Item 38.     Docket No. 2003-0692-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Speedys Mart Incorporated dba Speedy Mart C-Stores, formerly known as National Mart Convenience Store in Harris County; TCEQ ID No. 0074264; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Rebecca Nash Petty)

    

Remanded to the Executive Director.


                    PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS

 

Item 39.     Docket No. 2002-0995-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Port Arthur in Jefferson County; Public Water Supply No. 1230009; for drinking water quality violations pursuant to Tex. Health & Safety Code chs. 341 and 361 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. (Kimberly McGuire, Kent Heath)


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

   

Item 40.     Docket No. 2003-0002-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Keith Lincecum dba Powers Water System in Brazoria County; TCEQ ID No. 0200159; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Texas Water Code chs. 5 and 13, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Rebecca Nash Petty)


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

   

Item 41.     Docket No. 2003-1256-PWS-E. Consideration of an Agreed Order assessing administrative penalties against The Consolidated Water Supply Corporation in Houston County; Public Water Supply No. 1130027; 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. (Laura Clark, Kent Heath)


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


                    RADIOACTIVE WASTE ENFORCEMENT DEFAULT ORDER

 

Item 42.     Docket No. 2003-0054-RAW-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Thomas J. Maloney in Brazoria County; TCEQ ID No. 1937; for radioactive waste violations pursuant to the Tex. Health & Safety Code chs. 361 and 401, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Admin. Code ch. 60. (Gitanjali Yadav, Becky Petty)


Remanded to the Executive Director.


                   AFFIRM, MODIFY OR SET ASIDE EMERGENCY ORDERS

 

Item 43.     Docket No. 2003-0270-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 5, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501, 5.507 and 13.4132 to address the abandonment of a retail public utility (System) by Arete Real Estate and Development Company, Inc., JoJac/SeJac Ltd., and Emmes Bay Oaks Harbor I, LLC dba Bay Oaks Harbor Subdivision, in Harris County; TCEQ PWS No. 1013170; to ensure continued operation of the System; and to provide continuous and adequate service to customers. The Emergency Order appointed John Fultz as temporary manager of the System. (Shannon Strong)


Re-posted as Item 56.

  

Item 44.     Docket No. 2003-1027-IHW. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on October 24, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501 and 5.512, and 30 Tex. Admin. Code Sections 35.1-35.30 and 35.402 to authorize Clean Harbors La Porte, L.P., to treat a single cylinder of hydrogen cyanide at Clean Harbors’ La Porte facility located at 500 Battleground Road, La Porte, Harris County, Texas. (Daniel Long, Joy Archuleta)


Affirm the emergency order. KW/RM; all agree.


                   AIR QUALITY ENFORCEMENT EMERGENCY ORDER

 

Item 45.     Docket No. 2003-0750-AIR-E. Consideration of an Emergency Order requiring Orange Crush Recyclers Management, L.L.C. to cease operations of its rock crusher plant which is operating without the necessary air quality permit, in Dallas County; TCEQ ID No. RN103081394; pursuant to Tex. Water Code sections 5.5145, 5.501, and 5.505 and ch. 7, and Tex. Health & Safety Code ch. 382. Tex. Water Code section 5.5145 requires the Commission to issue an emergency order suspending operations of a rock crusher plant that is operating without the necessary permit. Operations may not recommence until the plant obtains the required permit or 180 days after the Emergency Order is issued, whichever is earlier. (Darren Ream)


Adopt the emergency/shutdown order. KW/RM; all agree.


                    DISTRICT MATTER

 

Item 46.     Docket No. 2003-0940-DIS. Consideration of an application of Betty E. May and Carol Coy, landowners (Applicants), for dissolution of Knollwood Public Utility District in Trinity County. The Applicants request that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 09122003-D01; Rob Cummins, James Parker)


 Approve the application for dissolution. RM/KW; all agree.


                   RULE MATTERS

 

Item 47.     Docket No. 2003-0725-RUL. Consideration of the adoption of the amendment to 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter B, New Source Review Permits, Section 116.112, Distance Limitations, and corresponding revisions to the state implementation plan. The proposed amendment implements House Bills 555 and 1287, 78th Legislature, Regular Session, 2003.

 

The adoption would allow for the storage of an inoperative concrete crusher within 440 yards of a residence, school, or place of worship; clearly define how distance measurements should be taken and when they would be applicable for concrete crushers and other facilities; and allow concrete crushers to recycle broken concrete at temporary demolition sites within 440 yards of nearby buildings, unless the facility is located in a county with a population of 2.4 million or more, or in a county adjacent to such a county. The proposed rules were published in the October 10, 2003 issue of the Texas Register (28 TexReg 8810). (Blake Stewart, Laura Pfefferle, Clifton Wise) (Rule Project No. 2003-046-116-AI)

   

Approve the adoption. RM/KW; all agree.

 

Item 48.     Docket No. 2003-0772-RUL. Consideration for publication of, and hearing on, proposed new Sections 106.491, 106.496, and 106.533; amended Section 106.50; and the repeal of Sections 106.5, 106.201 - 106.203, 106.491, 106.493, 106.496, and 106.533 of 30 TAC Chapter 106, Permits by Rule, and corresponding revisions to the state implementation plan.

 

The proposed rulemaking would eliminate the concrete batch plant permit by rule (PBR) and corresponding public notice requirements, reduce registration fees, eliminate the single-chambered incinerator PBR, allow law enforcement agencies to use a PBR to incinerate confiscated illegal drug evidence, minimize registration requirements, establish a notification procedure, update technical requirements for trench burners and aboveground air curtain incinerators, provide for a rapid authorization mechanism for remediation projects at gasoline stations and dry cleaning facilities, and establish technical requirements for all facilities performing remediation activities. (Anne Inman, Garrett Arthur, Debra Barber) (Rule Project No. 2003-030-106-AI)


Re-posted as Item 55.


                   STATE IMPLEMENTATION PLANS

 

Item 49.     Docket No. 2003-0944-SIP. Consideration for publication of adopted revision to the Texas State Implementation Plan (SIP).

 

This revision incorporates 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)


Re-posted as Item 54.

   

Item 50.     Docket No. 2003-1512-SIP. Consideration for approval of the substitution of certain transportation control measures originally adopted in the April 2000 state implementation plan revision for Dallas-Fort Worth.

 

Approval would substitute certain transportation control measures originally adopted in the April 2000 state implementation plan revision for the Dallas-Fort Worth nonattainment area. The proposed replacements would achieve a net emission reduction increase of 59.4 pounds-per-day of nitrogen oxides and 372.8 pounds-per-day of volatile organic compounds in the following categories: (a) intersection improvements; (b) bicycle/pedestrian projects; (c) high-occupancy-vehicle facilities; (d) rail; (e) grade separations; (f) park-and-ride facilities; and (g) van pools. (Margie McAllister, Terry Salem)


Approve the substitution of certain transportation control measures originally adopted in the April 2000 state implementation plan revision for the Dallas-Fort Worth. KW/LS; all agree.


                    EXECUTIVE SESSION

 

Item 51.     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 52.     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 53.     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, January 14, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 54.     Docket No. 2003-0944-SIP. Consideration of adopted revision to the Texas State Implementation Plan.

 

This revision incorporates 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)


Adopt revision to the Texas State Implementation Plan. KW/RM; all agree.

 

Item 55.     Docket No. 2003-0772-RUL. Consideration for publication of, and hearing on, proposed new Sections 106.491, 106.496, and 106.533; amended Section 106.50; and the repeal of Sections 106.5, 106.201 - 106.203, 106.491, 106.493, 106.496, and 106.533 of 30 TAC Chapter 106, Permits by Rule, and revisions to the state implementation plan regarding Section 106.5.

 

The proposed rulemaking would eliminate the concrete batch plant permit by rule (PBR) and corresponding public notice requirements, reduce registration fees, eliminate the single-chambered incinerator PBR, allow law enforcement agencies to use a PBR to incinerate confiscated illegal drug evidence, minimize registration requirements, establish a notification procedure, update technical requirements for trench burners and aboveground air curtain incinerators, provide for a rapid authorization mechanism for remediation projects at gasoline stations and dry cleaning facilities, and establish technical requirements for all facilities performing remediation activities. (Anne Inman, Garrett Arthur, Debra Barber) (Rule Project No. 2003-030-106-AI)


Approve the publication of, and hearing on, proposed new Sections 106.491, 106.496, and 106.533; amended Section 106.50; and the repeal of Sections 106.5, 106.201 - 106.203, 106.491, 106.493, 106.496, and 106.533 of 30 TAC Chapter 106, and revisions to the state implementation plan regarding Section 106.5. RM/KW; all agree.


 

Item 56.     Docket Nos. 2000-1314-PWS-E and 2003-0270-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on December 5, 2003 by the Executive Director of the Texas Commission on Environmental Quality pursuant to Tex. Water Code Sections 5.501, 5.507 and 13.4132 to address the abandonment of a retail public utility (System) by Arete Real Estate and Development Company, Inc., JoJac/SeJac Ltd., and Emmes Bay Oaks Harbor I, LLC dba Bay Oaks Harbor Subdivision, in Harris County; TCEQ PWS No. 1013170; to ensure continued operation of the System; and to provide continuous and adequate service to customers. The Emergency Order appointed John Fultz as temporary manager of the System. (Shannon Strong)


Affirm the emergency order. RM/LS; all agree.

 

Item 57.     Docket No. 2002-1076-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Saint-Gobain Vetrotex America, Inc. in Wichita County; Air Account No. WH-0014-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. (Vanessa Davis, Kent Heath)


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





OLD BUSINESS AGENDA


Wednesday, January 14, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S




                   Item continued from the November 5, 2003 agenda.

 

Item 1.       Docket No. 2001-1410-AUD; SOAH Docket No. 582-02-1349. Consideration of the Administrative Law Judge's Proposal for Decision and order, pursuant to Tex. Water Code ch. 26 and the rules of the commission, denying the Petition of Key Science and Technology Associates, Inc., dba Key Associates contesting the Executive Director’s Notice of Overpayment, and ordering Key Science and Technology Associates, Inc., dba Key Associates to refund $685,730.75 to the Petroleum Storage Tank Remediation Fund. The Proposal for Decision and order include a finding of fraud and, pursuant to 30 Tex. Admin. Code § 334.534(e), the Executive Director is seeking the payment of interest in the amount of $200,230.44.


Adopt the ALJ's recommended order except with regard to fraud; thus, delete findings of fact 41 through 47 and conclusions of law 22 through 41and adopt the other findings and conclusions as revised by Judge Newchurch in his “Editorial Exceptions” as outlined in his October 3, 2003 letter; change the ordering provisions to delete language referring to payment of interest; and deny all other exceptions or recommended revisions to the order. KW/RM; LS opposed.





AGENDA


Wednesday, January 14, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 1.       TCEQ Docket No. 2001-1560-MLM-E; SOAH Docket No. 582-03-1988. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Coastline Resources, Inc. in San Patricio County, Texas; TCEQ Municipal Solid Waste Registration No. COU0008 and TCEQ Solid Waste Registration No.85547; regarding hazardous waste, used oil, used oil filter, and petroleum storage tank violations pursuant to Texas Water Code chs. 7 and 26, Texas Health & Safety Code chs. 361 and 371, and the rules of the Texas Commission on Environmental Quality.


Approve the PFD with the Executive Director’s exceptions. RM/LS; all agree.