Kathleen White

Ralph Marquez

Larry Soward


AGENDA


       Wednesday, March 10, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


                   HEARING REQUESTS

 

Item 1.       Docket No. 2004-0052-AIR. Consideration of application by City Public Service for the renewal of Air Quality Permits Nos. 1491 and 1492 to authorize the continued operation of their utility boilers, J.T. Deely Unit 1 and J.T. Deely Unit 2. Both units are located at the Calaveras Lake Site at 9599 Gardner Road in San Antonio, Bexar 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. (Maria Garcia / Daniel Long)


Deny all hearing requests as a matter of law, approve the Executive Director's Response to Comments, and grant the permits. KW/RM; all agree.

 

Item 2.       Docket No. 2004-0047-MWD. Consideration of permit application # 10537-001, submitted by City of Plainview, for a renewal of the existing permit (TCEQ Permit No. 10537-001 issued March 17, 1995), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 3,300,000 gallons per day. The permittee also requests to incorporate into the TPDES permit the current method of disinfection of effluent by chlorination/dechlorination, based on existing NPDES Permit No. TX0047571 issued on January 17, 1997. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,300,000 gallons per day. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10537-001 will replace the existing NPDES Permit No. TX0047571 issued on January 17, 1997 and TCEQ Permit No. 10537-001. The wastewater treatment facility serves the City of Plainview. The wastewater treatment facility is located adjacent to Running Water Draw, approximately 2 miles southeast of the intersection of U.S. Highway 70 and State Highway Loop 445 (U.S. Highway- Business Route 87) in Hale County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Jason Haas/Ronald Riggins)


Deny the hearing request, approve the Executive Director's Response to Comments, and grant the permit renewal. KW/RM; all agree.

 

Item 3.       Docket No. 2004-0051-IWD. Consideration of permit application 03076, submitted by Skinner Nurseries, Inc, for a major amendment to TCEQ Permit No. 03076 to reduce the monitoring frequencies for all the parameters monitored at Outfalls 001 and 003 to a frequency of once per quarter. The current permit authorizes the discharge of excess water from a recycle irrigation system on an intermittent and variable basis via Outfall 001, and excess water from a recycle irrigation system on an intermittent and variable bais via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing TPDES Permit No. 03076, issued on August 20, 1999. The applicant operates a 120 acre woody ornamental plant nursery. The plant site is located at the intersection of Broze Road and Farm-to-Market Road 1960, approximately 5.5 miles east of Interstate Highway 45, Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Michael Hughes/Kelly Holligan)


Continue this item to May 12, 2004, to allow for an initial referral to ADR for 4-6 weeks. KW/RM; all agree.

 

Item 4.       Docket No. 2003-0693-IWD. Consideration of permit application 04365, submitted by Halliburton Energy Services, Inc. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04365, to authorize the discharge of treated metal machine coolant/lubricants and vehicle wash water at a daily average flow not to exceed 720 gallons per day. The applicant operates a facility manufacturing oil and gas field machinery and equipment. The plant site is located at 2001 South Interstate 35 West, along the west side of Interstate Highway 35, approximately three miles south of the City of Alvarado, Johnson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (John Williams/Kimberly Wilson)


Re-posted as Item 26.

 

Item 5.       Docket No. 2004-0004-MWD. Consideration of permit application No. 14422-001, submitted by City of Sunset, for a new permit to authorize the discharge of treated domestic wastewater with a daily average flow not to exceed 20,000 gallons per day. The wastewater treatment facility will serve the City of Sunset. The facility will be located approximately 1,000 feet north-northwest of the intersection of U.S. Highway 287 and State Highway 101 West and west of the City of Sunset in Montague County, Texas. The Commission will also consider requests for reconsideration, related responses and replies, public comment and the Executive Director's response to comments. (Todd Burkey/Phillip Urbany)

    

Deny the request for reconsideration, approve the Executive Director's Response to Comments, and grant the permit. KW/RM; all agree.


                   AIR QUALITY ENFORCEMENT AGREED ORDERS

 

Item 6.       Docket No. 2003-1048-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Fort Dearborn Company in Tarrant County; Air Account No. TA-0172-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. (David Van Soest, Steven Lopez)


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

   

Item 7.       Docket No. 2003-1095-AIR-E. Consideration of an Agreed Order assessing administrative penalties against WTG Gas Processing, L. P. in Martin County; Air Account No. MF-0001-W, Regulated Entity Reference No. RN100212653; 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, Steven Lopez)


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

    

                   MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER

 

Item 8.       Docket No. 2002-0679-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Waste Environmental Controls of South Texas, Ltd. in Cameron County; Unauthorized Site No. 455150049; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality. (Snehal R. Patel, Lisa Lemanczyk)


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

    

                   MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS

 

Item 9.       Docket No. 2003-0128-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thousand Trails, Inc. in Rains County; TPDES Permit No. 12861-001; 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. (Terry Murphy, Steven Lopez)


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

   

Item 10.     Docket No. 2002-1167-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Galveston County WCID No. 1 in Galveston County; Texas Pollutant Discharge Elimination System Permit No. 10173-001; 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. (J. Craig Fleming, Steven Lopez)

    

Item remanded to the Executive Director.


                   PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS

 

Item 11.     Docket No. 2003-1187-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of 7-Eleven, Inc. in Dallas County; Petroleum Storage Tank Facility ID No. 07387, Regulated Entity Reference No. RN102265527; 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, including specifically 30 Texas Administrative Code ch. 60. (Todd Huddleson, Steven Lopez)


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

   

Item 12.     Docket No. 2003-0790-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kohettur Inc. in Harris County; Petroleum Storage Tank Facility ID No. 39734; 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. (J. Craig Fleming, Steven Lopez)


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

   

Item 13.     Docket No. 2003-0923-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Daren Day dba Mac's Shell in Henderson County; Petroleum Storage Tank Facility ID No. 0029604, Regulated Entity Reference No. RN100534262; 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. (Gilbert Angelle, Steven Lopez)


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

   

Item 14.     Docket No. 2003-0892-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phuong Cong Huynh dba P & H Food No. 2 in Harris County; Petroleum Storage Tank Facility ID No. 69591, Regulated Entity ID No. RN101434199; 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. (Jaime Garza, Steven Lopez)


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

   

Item 15.     Docket No. 2003-0831-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of No Thi Ky Vo dba Kellys Texaco in Bexar County; Petroleum Storage Tank Facility ID No. 0024374, Regulated Entity Reference No. RN102233624; 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. (Sheila Smith, Steven Lopez)


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

    

                   PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDER

 

Item 16.     Docket No. 2002-1088-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Utilities Company in Smith County; TCEQ ID No. 2120063; and CCN No. 10762 for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Texas Water Code ch. 13, and the rules of the Texas Commission on Environmental Quality. (David Speaker, Lisa Lemanczyk)


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

    

                   DISTRICT MATTER

 

Item 17.     Docket No. 2003-0907-DIS. Consideration of an application of Terrabrook Eagle Springs, L.P., landowner (Applicant), for dissolution of Harris County Municipal Utility District No. 292 (District). The Applicants request that the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TCEQ Internal Control No. 09022003-D21; Rob Cummins, Gabriel Soto)


Item remanded to the Executive Director.

    

                   RULE MATTERS

 

Item 18.     Docket No. 2003-0822-RUL. Consideration of the adoption of an 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 adoption would include a revision to the source control requirements that are already included within the SIP submitted for the Houston/Galveston ozone nonattainment area. The proposed rule was published in the November 7, 2003 issue of the Texas Register (28 TexReg 9715). (Ashley Forbes, Janis Hudson, Alan Henderson) (Rule Project No. 2004-008-115-AI)


Adopt amendment to 30 TAC Chapter 115 and corresponding revision of the SIP. RM/KW; all agree.

 

Item 19.     Docket No. 2003-1167-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 307, Texas Surface Water Quality Standards. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the November 21, 2003 issue of the Texas Register (28 TexReg 10515). (Emily Barrett) (Rule Project No. 2004-005-307-WT)


Adopt the rules review and readoption of 30 TAC Chapter 307. KW/LS; all agree.

   

Item 20.     Docket No. 2003-1415-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the December 5, 2003 issue of the Texas Register (28 TexReg 10978). (Joseph Thomas) (Rule Project No. 2004-019-114-AI)


Adopt the rules review and readoption of 30 TAC Chapter 114. RM/KW; all agree.

   

Item 21.     Docket No. 2003-0717-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 11, Contracts. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the December 12, 2003 issue of the Texas Register (28 Tex Reg 11117). (Michael Bame) (Rule Project No. 2003-041-011-AD)


Adopt the rules review and readoption of 30 TAC Chapter 11. KW/RM; all agree.

   

Item 22.     Docket No. 2003-1378-RUL. Consideration of the adoption of the rules review and readoption of 30 TAC Chapter 230, Groundwater Availability Certification for Platting. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the December 19, 2003 issue of the Texas Register (28 TexReg 11361). (Joseph Thomas) (Rule Project No. 2004-006-230-WT)


Adopt the rules review and readoption of 30 TAC Chapter 230. KW/RM; all agree.

 

EXECUTIVE SESSION

 

Item 23.     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 24.     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 25.     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.


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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.




ADDENDUM TO THE AGENDA


Wednesday, March 10, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


9:30 a.m.

12100 Park 35 Circle

Bldg E, Room 201S


 

Item 26.     Docket No. 2003-0693-IWD. Consideration of permit application 04365, submitted by Halliburton Energy Services, Inc. for a new permit, proposed TCEQ Permit No. 04365, to authorize the discharge of treated metal machine coolant/lubricants and vehicle wash water at a daily average flow not to exceed 720 gallons per day and a daily maximum flow not to exceed 21,600 gallons per day via irrigation of 0.66 acres of landscaping, including natural grass and trees. The applicant operates a facility manufacturing oil and gas field machinery and equipment. The plant site is located at 2001 South Interstate 35 West, along the west side of Interstate Highway 35, approximately three miles south of the City of Alvarado, Johnson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (John Williams/Kimberly Wilson)


Continue this item to May 12, 2004, to allow for an initial referral to ADR for 4-6 weeks. RM/KW; all agree.




AGENDA


Wednesday, March 10, 2004


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY


1:00 p.m.

12100 Park 35 Circle

Bldg E, Room 201S



 

Item 1.       TCEQ Docket No. 2001-0540-IHW-E; SOAH Docket No. 582-03-0006. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Galveston Environmental Services, Inc. in Galveston County, Texas; TCEQ ID 34323; regarding industrial hazardous waste violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 361, and the rules of the Texas Commission on Environmental Quality.


Adopt the ALJ's PFD with the Executive Director's exceptions. RM/KW; all agree.

 

Item 2.       TCEQ Docket No. 1995-1004-ISW-E; SOAH Docket No. 582-95-1044. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Fina Oil & Chemical Company and Fina Pipe Line Company in Howard County, Texas; TCEQ ID 52083; regarding industrial solid waste violations pursuant to Chapters 7 and 26 of the Tex. Water Code and the rules of the Texas Commission on Environmental Quality.


Adopt the ALJ's PFD. KW/ RM; all agree.