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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, February 12, 2014
9:30 a.m. CT

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


1. PROPOSALS FOR DECISION

1. TCEQ Docket No. 2013-0657-AIR; SOAH Docket No. 582-13-4611.
Consideration of the Administrative Law Judges' Proposal for Decision and Order regarding the application of ExxonMobil for Air Quality Permit No. 102982 to construct a new ethylene production unit in Harris County, Texas. The Commission will also consider timely public comments and the Executive Director's Response to Comments; the record, timely related filings, exceptions and replies. (Booker Harrison)


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2. TCEQ Docket No. 2012-0971-AIR; SOAH Docket No. 582-12-6347.
Consideration of the Administrative Law Judges' Proposal for Decision and Order regarding the application of EOG Resources, Inc. for Air Quality Permit No. 95412 to construct and operate an industrial sand processing plant in Cooke County, Texas. The Commission will also consider timely public comments and the Executive Director's Response to Comments; the record, timely related filings, exceptions and replies. (Douglas Brown)


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3. Docket No. 2012-1867-PST-E; SOAH Docket No. 582-13-4345.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of DEFY INC. d/b/a Shop N Save Food Mart in Bexar County, Texas; RN102789591; 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. The Commission will also consider the record, timely related filings, exceptions and replies. (Phillip M. Goodwin, P.G.)


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4. EMERGENCY ORDER

4. TCEQ Docket No. 2014-0124-WR.
Consideration of whether to affirm, modify, or set aside an Emergency Order issued by the Executive Director (ED) on January 27, 2014, under Tex. Water Code § 11.139, to the Lower Colorado River Authority (LCRA) to amend its 2010 Water Management Plan (WMP), Permit No. 5838. The Emergency Order grants LCRA’s request to temporarily change the process required in its 2010 WMP for curtailment of interruptible stored water at higher levels of combined storage in Lakes Buchanan and Travis. LCRA has the right to divert and use up to 1.5 million acre feet from Lakes Buchanan and Travis, in Travis, Llano, and Burnet Counties, Texas, under Certificates of Adjudication Nos. 14-5478 and 14-5482. These certificates require LCRA to develop the WMP, Permit No. 5838, which provides how LCRA makes water available from these lakes to help meet “firm” water customer needs, downstream interruptible irrigation demands, and environmental flow needs of Matagorda Bay and the Lower Colorado River. The WMP also provides how LCRA will manage and curtail supplies from the lakes during times of drought including through a repeat of the Drought of Record. Due to the drought and continuing low inflows, on December 13, 2013, LCRA requested an emergency order to change the triggers for curtailment of interruptible water based upon the combined storage levels of Lakes Buchanan and Travis on March 1, 2014 at 11:59 p.m. The ED’s Emergency Order temporarily amends the WMP by revising the trigger dates, combined storage levels, and release amounts for providing service to LCRA’s interruptible customers for first crop irrigation, as was requested by LCRA. (Robin Smith, Kathy Alexander)


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5. MISCELLANEOUS MATTER

5. Docket No. 2013-1001-UCR.
Consideration of a request for a Commission Order approving a contract designating service areas between the City of Huntsville (“City”), water Certificate of Convenience and Necessity (“CCN”) No. 12824, and Walker County Special Utility District (“District”), water CCN No. 11304, in Walker County, Texas pursuant to section 13.248 of the Texas Water Code. Currently, the District is singly certified to three portions of land consisting of approximately 216.18 acres. Under the Agreement, the District will transfer its certification to these three portions of land to the City, making those portions singly certified to the City. No customers or facilities are proposed to be transferred. (Jessica Rogers, Heidi Graham)


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Enf. ENFORCEMENT DOCKET

Item #22 Continued to 2/26 Agenda
No discussion or public comments

See complete Enforcement Docket items at the following link (#6-27, pages 3-7)



http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2014/140212.pdf

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28. RULE MATTERS

28. Docket No. 2013-1939-RUL.
Consideration for publication of, and hearing on, proposed amendments to Sections 116.13, 116.710, 116.711, 116.715, 116.716, 116.717, 116.718, 116.721, and 116.765 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification. Sections 116.13; 116.710; 116.711(1), (2)(A), (B) and (C)(i) and (ii), (D) – (J), and (L) – (N); 116.715(a) – (e) and (f)(1) and (2)(B);116.716; 116.717; 116.718; 116.721; and 116.765, will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan (SIP). The proposed rulemaking would revise the Flexible Permit Program (FPP) rules by deleting portions of rule language adopted in 2010 that are no longer necessary for SIP approval. The rule language proposed for deletion primarily relates to monitoring, recordkeeping, reporting, and applicability of federal major New Source Review (NSR) requirements. Select portions of the 2010 amendments which EPA has identified as necessary for SIP approval would remain. Once submitted to EPA, this rulemaking is expected to result in satisfying the condition for the approval of the FPP as a Texas minor NSR permitting program. (Michael Wilhoit, Janis Hudson) (Rule Project No. 2014-001-116-AI)


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29. Docket No. 2013-0544-RUL.
Consideration of the adoption of amended Sections 307.2 - 307.4, 307.6 - 307.10 of 30 TAC Chapter 307, Texas Surface Water Quality Standards. The adoption would provide revision of the State's surface water quality standards, as provided for in Section 26.023 of the Texas Water Code, and as required by Section 303(c) of the Federal Clean Water Act. The proposed rules were published in the September 13, 2013, issue of the Texas Register (38 TexReg 5998). (Debbie Miller, Robert Brush) (Rule Project No. 2012-001-307-OW)


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30. Docket No. 2012-2484-RUL.
Consideration of the adoption of new Sections 298.400, 298.405, 298.410, 298.415, 298.425, 298.430, 298.435, 298.440, 298.450, 298.455, 298.460, 298.465, 298.470, 298.475, 298.480, 298.485, 298.490, 298.500, 298.505, 298.510, 298.515, 298.520, 298.525, 298.530, 298.535, and 298.540 of 30 TAC Chapter 298, Environmental Flow Standards for Surface Water. The adoption would implement House Bill 3 and Senate Bill 3, 80th Legislature, 2007, Regular Session, relating to the establishment of environmental flow standards included in a permit or amended water right in the river and bay systems consisting of the Nueces River and Corpus Christi and Baffin Bays; the Rio Grande, Rio Grande estuary, and Lower Laguna Madre; and the Brazos River and its associated bay and estuary system. The proposed rules were published in the September 20, 2013, issue of the Texas Register (38 TexReg 6176). (Kathy Alexander, Robin Smith) (Rule Project No. 2013-009-298-OW)


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31. Docket No. 2013-1109-RUL.
Consideration of the adoption of amendments to Sections 114.1, 114.2, 114.21, 114.50, 114.53, 114.82 - 114.84, and 114.87 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and corresponding revisions to the state implementation plan. The adoption will implement House Bill 2305 from the 83rd Texas Legislature, 2013, Regular Session, relating to replacing the dual windshield sticker system for vehicle inspection and registration with a single registration insignia sticker and modifying the method used to collect the state portion of the vehicle safety and emissions inspection fee in addition to minor non-programmatic updates to rule language to correct outdated references and for general clarity. The proposed rules were published in the October 11, 2013 issue of the Texas Register (38 TexReg 7067) (Edgar Gilmore, Terry Salem) (Rule Project No. 2013-035-114-AI)

Items #31 and #32 taken up together


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32. STATE IMPLEMENTATION PLANMATTER

32. Docket No. 2013-1108-SIP.
Consideration for the adoption of a revision to the Texas Inspection and Maintenance (I/M) State Implementation Plan (SIP) and corresponding rule revisions. The adoption will implement House Bill 2305 from the 83rd Texas Legislature, 2013, Regular Session, replacing the dual windshield sticker system for vehicle inspection and registration with a single windshield sticker system and modifying the method used to collect the state portion of the vehicle safety and emissions inspection fee. The adoption includes minor non-programmatic updates to rule language to correct outdated references and for general clarity. (Mary Ann P. Cook, Terry Salem) (Project No. 2013-041-SIP-NR)

Items #31 and #32 taken up together


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34. PUBLIC COMMENT SESSION

34. 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.

No public comment


35. EXECUTIVE MEETING

Commission did not meet in Executive Session




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