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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, March 25, 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. 2012-2570-PST-E; SOAH Docket No. 582-13-4033.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Shashi C. Tanwar d/b/a Star Food Mart 1 in Tarrant County, Texas; RN102038916; 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. (David Terry)


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2. TCEQ Docket No. 2012-2291-PST-E; SOAH Docket No. 582-13-4305.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of SNAPPY PAPPY'S, LIMITED LIABILITY COMPANY (L.L.C.) in Camp County, Texas; RN105325070; 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. (Elizabeth Lieberknecht)


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3. HEARING REQUEST/REQUEST FOR RECONSIDERATION

3. Docket No. 2013-2138-MWD.
Consideration of the application by Algonquin Water Resources of Texas, LLC for a major amendment of TCEQ Permit No. WQ0013849001 to convert the existing permit from a Texas Land Application Permit (TLAP) authorizing disposal of treated domestic wastewater via irrigation to a Texas Pollutant Discharge Elimination System (TPDES) permit authorizing the discharge of treated domestic wastewater with a daily average flow not to exceed 200,000 gallons per day directly to water in the state. The facility is located approximately 1,250 feet northwest of the intersection of State Highway 155 and Farm-to-Market Road 2661 in Smith 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. (Alicia Ramirez, Sonia Bhuiya)


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4. GENERAL PERMITS

4. Docket No. 2013-2118-MIS.
Consideration of the adoption of the renewal with amendments of Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXG500000. This general permit authorizes the discharge of process wastewater, mine dewatering, stormwater associated with industrial activity, construction stormwater, and certain non-stormwater discharges into or adjacent to water in the state from quarries located greater than one mile from a water body within a water quality protection area in the John Graves Scenic Riverway. Public notice of the proposed draft permit was published in the November 15, 2013 issue of the Texas Register (38 TexReg 8299). (Dan Siebeneicher, Jessica Rogers) (Non-Rule Project No. 2013-003-OTH-NR)


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5. Docket No 2014-0054-RUL.
Consideration of the adoption of the New General Permit Number WQG100000, authorizing wastewater generated by industrial or water treatment facilities to be disposed of by evaporation from surface impoundments adjacent to water in the state. Public notice of the proposed draft permit was published in the December 20, 2013, issue of the Texas Register (38 TexReg 9363). (Laurie Fleet, Robert Brush) (Non-Rule Project No. 2014-005-OTH-NR)


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6. MISCELLANEOUS MATTER

6. Docket No. 2014-0230-MIS.
Consideration for final approval of the fourth revision to the Commission's Penalty Policy. (Bryan Sinclair, Kathleen Decker)


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Enf. ENFORCEMENT DOCKET

Question/discussion on Item #21
See complete Enforcement Docket items at the following link (#7-27, pages 3-7).




http://tceq.state.tx.us/assets/public/comm_exec/agendas/comm/current/2014/140326.pdf

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28. RULE MATTERS

28. Docket No 2013-2058-RUL.
Consideration of the adoption of repealed Sections 114.640, 114.642, 114.644, 114.646, 114.648 and simultaneous adoption of new Sections 114.640, 114.642, 114.644, 114.646, 114.648 of 30 Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter K, Mobile Sources Incentive Programs, Division 4, Texas Clean School Bus Program; and corresponding revisions to the state implementation plan. The adoption would repeal existing and adopt new 30 TAC Chapter 114, Subchapter K, Division 4, to extend the expiration date to August 31, 2019, for the Texas Clean School Bus Program rules to be consistent with statutory changes by House Bill 1796, 81st Legislature, 2009, Regular Session. The proposed rules were published in the December 27, 2013, issue of the Texas Register (38 TexReg 9439). (Joe Briseño, Terry Salem) (Rule Project No. 2014-008-114-AD)


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29. Docket No. 2013-1342-RUL.
Consideration of the adoption of new and amended Sections of 30 TAC Chapter 39, Public Notice; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; Chapter 101, General Air Quality Rules; Chapter 106, Permits by Rule; Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and Chapter 122, Federal Operating Permits Program, and corresponding revisions to the State Implementation Plan (SIP). New and amended Sections 39.411(e)(11), (15) and (16), and (f)(4) and (8), 39.412(a) - (d), 39.419(e)(1), 39.420(e)(4), 101.1, 101.10, 101.201, 106.2, 106.4, 116.12, 116.111, 116.160, 116.164, 116.169, 116.610, 116.611, and 122.122 will be submitted to the United States Environmental Protection Agency as revisions to the SIP. The adopted rules implement House Bill 788, 83rd Legislature, 2013, Regular Session, which requires that the commission adopt rules for the authorization of emissions of greenhouse gases (GHGs) to the extent required under federal law. The adopted rules establish GHGs thresholds for Title V and Prevention of Significant Deterioration (PSD) permits, clarify how emissions of GHGs are addressed in the emissions inventory and emissions fee rules, specify that GHG PSD permit applications are not subject to requirements regarding a contested case hearing, and specify that GHGs do not have a reportable quantity (RQ) for emissions event reporting purposes. The adopted rules also address a rulemaking petition from 3M Company to establish an RQ of 5,000 pounds for C6 Fluoroketone, a fire protection fluid. The proposed rules were published in the November 8, 2013, issue of the Texas Register (38 TexReg 7846). (Tasha Burns, John Minter) (Rule Project No. 2013-040-116-AI)


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30. Docket No. 2013-1913-RUL.
Consideration for publication of, and hearing on, proposed amendments to Sections 11.102 30 TAC Chapter 11, Contracts; and Section 14.9 30 TAC Chapter 14, Grants. The proposed rulemaking would implement House Bill (HB) 586, 83rd Legislature, 2013, Regular Session, to reflect the exemption of sovereign immunity for state-related breach of contract for engineering, architectural, or construction services, or for material related to those professional services as authorized under Texas Civil Practice and Remedies Code, Chapter 114 or the Texas Government Code. The proposed rulemaking would also implement HB 1487, 83rd Legislature, 2013, Regular Session, to reflect the new requirement to make grant awards in excess of $25,000 available to the public on the agency's generally accessible Internet website, and to state the purpose for which the grant was awarded. (Greg Yturralde, Kenley Maddux) (Rule Project No. 2013-051-011-AS)


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31. Docket No. 2013-1392-RUL.
Consideration for publication of, and hearing on, proposed amended Sections 115.10, 115.221, 115.222, 115.224 – 115.227, and 115.229 of 30 Texas Administrative Code Chapter 115, Control of Air Pollution from Volatile Organic Compounds and corresponding revisions to the state implementation plan. The proposed rulemaking would revise Chapter 115, Subchapter C, Division 2, concerning the requirements for Stage I vapor recovery testing to preserve existing Stage I testing requirements in ozone nonattainment counties and to specify Stage I testing requirements for gasoline dispensing facilities located in the 12 ozone nonattainment and 4 ozone maintenance counties that will be affected by the decommissioning of the Stage II vapor recovery equipment rule revision and in the 95 counties that are subject to the state Stage I rule but not Stage II requirements. The proposed Stage I rule revision would establish testing requirements that are more consistent with federal Stage I testing in 40 Code of Federal Regulations Part 63, Subpart CCCCCC. (Sarah Davis, Terry Salem) (Rule Project No. 2013-022-115-AI)


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32. Docket No. 2013-1869-RUL.
Consideration for publication of, and hearing on, amended Sections 114.301, 114.306, 114.307, 114.309, and repealed Section 114.304 of 30 Texas Administrative Code, Chapter 114, Control of Air Pollution from Motor Vehicles, and corresponding revisions to the state implementation plan. The proposed rulemaking would remove the prohibition on the increased use of methyl-tertiary-butyl-ether (MTBE) in gasoline to conform to the low Reid vapor pressure (RVP) gasoline requirements; remove the registration requirements for gasoline producers and importers that supply low RVP gasoline to theaffected counties; remove the annual reporting and certification requirements on the use of MTBE in low RVP gasoline; and make other non-substantive clarifying changes as needed for accuracy and consistency. (Morris Brown, Terry Salem) (Rule Project No. 2014-002-114-AI)


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33. Docket No. 2014-0101-RUL.
Consideration for publication of, and hearing on, amendments to Sections 312.4, 312.8, 312.10 - 312.13, 312.41, 312.42, 312.44, 312.45, 312.47, 312.50, 312.65, and 312.81 - 312.83 of 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation. The proposed rulemaking will address nuisance odors and unauthorized discharges of bulk sewage sludge by establishing new "core requirements" applicable to all classes of sewage sludge, establishing a new classification structure with corresponding requirements based upon treatment processes, and clarifying the executive director’s authority to include additional requirements as needed to address nuisance odors. (Brian Sierant, Michael Parr) (Project No. 2014-010-312-OW)


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Pub. 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


Exec. EXECUTIVE MEETING

35. Docket No. 2014-0001-EXE.
The Commission will conduct a closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director and General Counsel, 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 meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

36. Docket No. 2014-0002-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 meeting to take action on legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 ofthe Government Code.

37. Docket No. 2014-0003-EXE.
The Commission will conduct a closed meeting 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 meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

Commission did not meet in Closed Session




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