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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners' Agenda Meeting -

Wednesday, January 26, 2011
9:30AM CT

Room 201S, Bldg E
12100 Park 35 Circle
Austin, TX


1.

MORNING AGENDA

PROPOSALS FOR DECISION

TCEQ Docket No. 2009-0033-AIR; SOAH Docket No. 582-09-2005. Consideration of the Administrative Law Judges' March 29, 2010 Proposal for Decision and December 1, 2010 Proposal for Decision on Remand and Order regarding the application of Las Brisas Energy Center, LLC for Air Quality Permit No. 85013, Prevention of Significant Deterioration Air Quality Permit No. PSD-TX-1138, Plant-wide Applicability Limit Permit No. PAL41, and Hazardous Air Pollutant Permit No. HAP48 pursuant to rules of the Texas Commission on Environmental Quality in 30 TAC Chapter 116 and the Texas Clean Air Act, Texas Health and Safety Code Chapter 382, to construct four petroleum coke-fired steam-electric generating units and associated facilities. The units would be located at 6059 Joe Fulton Corridor, Corpus Christi, Nueces County, Texas. The Commission previously considered the Administrative Law Judges' March 29, 2010 Proposal for Decision at its June 30, 2010 afternoon Agenda. The Commission will also consider timely public comments and the Executive Director's Response to such comments; the application and related filings; exceptions and replies. (Erin Selvera, Ben Rhem)

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2. TCEQ Docket No. 2009-0372-UCR; SOAH Docket No. 582-09-3549. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Wiedenfeld Water Works, Inc. to change its water rates/tariffs under Certificate of Convenience and Necessity No. 12052 in Kerr, Kendall and Medina Counties, pursuant to rules of the Texas Commission on Environmental Quality in 30 TAC Chapters 80 and 291 and Texas Water Code, Chapter13. The Commission will also consider the application, related filings, record evidence and exhibits, exceptions and replies. (Kamal Adhikari, Stefanie Skogen)

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3. TCEQ Docket No. 2009-0862-MSW-E; SOAH Docket No. 582-10-1474. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Downstream Environmental, L.L.C. in Harris County, Texas; RN101662617; regarding municipal solid waste and water quality 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, including specifically 30 Tex. Admin. Code ch. 60. The Commission will also consider timely filed exceptions and replies. (Jennifer Cook)

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4. TCEQ Docket No. 2009-1612-PST-E; SOAH Docket No. 582-10-3449. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against and requiring certain actions of Earnest M. Teel in Anderson County, Texas; RN101802007; regarding 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. The Commission will also consider timely filed exceptions and replies. (Marshall Coover)

Item Continued


5.

HEARING REQUESTS/REQUESTS FOR RECONSIDERATION

Docket No. 2010-1711-AIR. Consideration of application by Splendora Ready Mix, Inc. for registration to use the Air Quality Standard Permit for Concrete Batch Plants, Registration No. 91552 which would authorize the construction of a permanent concrete batch plant. The plant site is located at 26670 Midline Rd, Splendora, Montgomery 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. (Catherine Chinni, Alexis Lorick)

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6. Docket No. 2010-0837-WR. Consideration of the application by the City of Lubbock for an amendment to Permit No. 3985 to authorize the diversion and use of all historic and future discharges of Canadian River Basin surface water-based return flows and groundwater-based return flows, including up to 10,081 acre-feet per year currently authorized for discharge by TPDES Permit No 10353-002, for agricultural, municipal, industrial and recreational purposes anywhere within Lubbock and Lynn Counties, and to convey such return flows using the bed and banks of the North Fork Double Mountain Fork Brazos River from the discharge point authorized by TPDES Permit No. 10353-002 to a downstream diversion point. The discharge point authorized by TPDES Permit No. 10353-002 is located near the point where F.M. 400 in Lubbock County crosses the North Fork Double Mountain Fork Brazos River, and the most downstream point of diversion sought is located approximately 14,300 feet downstream of the discharge, near the point where C.R. 7300 in Lubbock County crosses the North Fork Double Mountain Fork Brazos River, approximately 4.5 miles northeast of the City of Slaton, Texas in Lubbock County. Existing Water Use Permit No. 3985 authorizes the City of Lubbockto use, within the Brazos River Basin, 22,910 acre-feet of return flows per year created as a result of the City's use of municipal water purchased from the Canadian River Municipal Water Authority. The Commission will also consider requests for hearing or reconsideration, related responses and replies, and public comment. (Robin Smith, Ron Ellis)

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7.

MOTION TO OVERTURN

Docket No. 2010-1886-MIS. Consideration of a Motion to Overturn (titled a Motion for Reconsideration and/or Motion to Overturn) filed by the Citizens for Responsible Recycling regarding the Executive Director's October 28, 2010 approval of Scrap Storage Facility Registration No. 620073 for Genan, Inc. to transport, store, and process scrap tires at a facility to be located at 18038 Beaumont Highway in Houston, Harris County, Texas. The Commission will also consider timely filed responses and replies to the Motion to Overturn.

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8.

MISCELLANEOUS MATTERS

Docket No. 2010-0875-DIS. Discussion of compliance with the terms and conditions of the September 10, 2010 Compliance Agreement between the Executive Director of the Texas Commission on Environmental Quality (“TCEQ”) and the Kinney County Groundwater Conservation District, TCEQ ID No. 5196450; and RN102880663. (Kelly Mills, Jim Sallans)

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9. Docket No. 2010-1971-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TCEQ, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies. (Elizabeth West)

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ED.

ENFORCEMENT DOCKET


Comments on Items #64 and #52; Item #96 Remanded

See complete agenda at following link for all Agreed Orders, Default Orders and Citations (#10-108, pages 3-19).



http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2011/110126.pdf

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109.

RULE MATTERS

Docket No. 2010-0251-RUL. Consideration of adoption of the repeal of and new Section 106.352 of 30 Texas Administrative Code (TAC) Chapter 106, Permits by Rule and the issuance of a new non-rule air quality standard permit. Consideration of the withdrawal of the proposed repeal of Section 116.620 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification. The rulemaking in Chapter 106 and the new air quality standard permit update control requirements based on the latest information on emissions from oil and gas production facilities while providing control flexibility, authorize maintenance, startup, and shutdown operations, and require a single site-wide authorization for oil and gas production facilities. The proposed Chapter 106 and Chapter 116 rule actions and the public notice of the new standard permit were published in the August 13, 2010, issue of the Texas Register (35 TexReg 6937, 6997, 7109, respectively). (Beecher Cameron, Benjamin Rhem) (Rule Project No. 2010-018-106-PR)

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110. Docket No. 2010-0878-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle IdlingLimitations, Sections 114.512 and 114.517, and corresponding revisions to the state implementation plan. The proposed rulemaking would allow enforcement year-round; remove the expired prohibition for drivers using sleeper berths to idle in residential areas, school zones, and near hospitals; and remove expiration dates that are no longer applicable. Additionally, the proposed rulemaking would remove the duplicative exemption for a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less and replace it with a new exemption for armored vehicles; and retain the exemption for a motor vehicle when idling for heating or air conditioning while a driver is using the vehicle's sleeper berth for a government-mandated rest period and not within two miles of a facility offering external heating or conditioning, which expired on September 1, 2009. (Nina Castillo, Ross Henderson) (Rule Project No. 2009-054-114-EN)

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111. Docket No. 2010-1397-RUL. Consideration for publication of, and hearing on, proposed amendment to Section 293.44 of 30 TAC Chapter 293, Water Districts. The proposed rulemaking would facilitate regionalization and cooperative planning among water districts and other local government entities by providing clear authorization in the Commission's rules for a determination of a district's allowable cost participation in regional water, wastewater, and/or drainage facilities based on a cost-benefit analysis. (Greg Charles, Christiaan Siano) (Rule Project No. 2010-050-293-OW)

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112. Docket No. 2010-0642-RUL. Consideration of the adoption of the repeal of Sections 115.541, 115.542, and 115.545; new Sections 115.540 - 115.542, and 115.545; and amendments to Sections 115.543, 115.544, 115.546, 115.547, and 115.549 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds and corresponding revisions to the state implementation plan. The adoption will reformat the existing rule to simplify and clarify rule requirements. The adopted rulemaking will also make changes that provide additional flexibility for affected owners or operators by allowing for the use of alternative control options. Adopted changes will also facilitate rule enforcement. The proposed rules were published in the August 13, 2010, issue of the Texas Register (35 TexReg 6976). (Eddy Lin, Amy Browning) (Rule Project No. 2009-036-115-EN)

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113. Docket No. 2010-1526-RUL. Consideration for publication of, and hearing on, the proposed amendment to 30 TAC Chapter 328, Waste Minimization and Recycling, Subchapter F, Management of Used or Scrap Tires, Section 328.66. The proposed rulemaking would remove the requirement for applicants of Land Reclamation Projects Using Tires (LRPUT) to publish public notice in counties adjoining the county where the facility is proposed to be located. (Brooke Jackson, Steve Shepherd) (Rule Project No. 2010-059-328-CE)Item 114. Docket No. 2011-1684-RUL. Consideration for publication of, and hearing on, proposed amendments to Section 334.560 of 30 TAC Chapter 334, Underground and Aboveground Storage Tanks. The rulemaking would amend 30 TAC Chapter §334.560 “Reimbursable Cost Specifications” to increase certain reimbursable amounts relating to: (1) offsite accessfees charged by municipalities; (2) waste disposal costs; and (3) per diem costs. (Jonathan Walling, Cullen McMorrow) (Rule Project No. 2011-004-334-CE)

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PC.

PUBLIC COMMENT SESSION

The Commission will receive comments from the public on any matters within the jurisdiction of the TCEQ, with the exception of pending permitting matters or other contested cases which are subject to the ex parte prohibition found in Texas Government Code §2001.061. In the interest of time, speakers will be limited to three minutes each, with the total time for public comment limited to one hour.

None


EM.

EXECUTIVE MEETING


Commissioners did not meet in Closed Session


1-2A.

AFTERNOON AGENDA

PROPOSALS FOR DECISION

Item 1. TCEQ Docket No. 2007-0362-IHW; SOAH Docket No. 582-07-2674. Consideration of the Administrative Law Judges' Supplemental Proposal for Decision and Order Following the Remand Hearing and Order regarding the application of TexCom Gulf Disposal, L.L.C. for nonhazardous Industrial Solid Waste Permit No. 87758 pursuant to rules of the Texas Commission on Environmental Quality in Texas Health and Safety Code Chapter 361 and 30 TAC Chapters 37, 305 and 335 to authorize the operation of a commercial nonhazardous industrial solid waste management facility for the storage and processing of Class I and Class II nonhazardous industrial solid waste generated on-site and received from off-site sources on a commercial basis. The proposed facility would be located at 16185 Creighton Road on the corner of Creighton Road and FM 3080, southeast of the City of Conroe, in Montgomery County, Texas. The Commission will also consider the Original Proposal for Decision issued on April 25, 2008. The Commission will also consider timely public comments and the Executive Director's Response to Comments; the application and related filings, exceptions and replies associated with the Original and Supplemental Proposal for Decision. (Diane Goss & Don Redmond)

Item 2. TCEQ Docket No. 2007-0204-WDW; SOAH Docket No. 582-07-2673. Consideration of the Administrative Law Judges' Amended Proposal for Decision and Order Following Remand regarding the application of TexCom Gulf Disposal, L.L.C. for Underground Injection Control Permit Nos. WDW410, WDW411, WDW412, and WDW413 pursuant to rules of the Texas Commission on Environmental Quality in Texas Water Code Chapter 27 and 30 TAC Chapter 331 to authorize four Class I underground injection wells to dispose of nonhazardous industrial wastewater. The proposed facility would be located at 16185 Creighton Road on the corner of Creighton Road and FM 3080, southeast of the City of Conroe, in Montgomery County, Texas. The Commission will also consider the Original Proposal for Decision issued on April 25, 2008. The Commission will also consider timely public comments and the Executive Director's Response to Comments; the application and related filings, exceptions and replies associated with the Original and Supplemental Proposal for Decision. (Diane Goss & Don Redmond)

Afternoon Agenda Items #1 and #2 taken up together


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