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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, May 14, 2014
9:30 a.m. CT

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


1.

MISCELLANEOUS MATTER

Docket No. 2014-0078-RES.
Consideration of a Resolution appointing new members to the Water Utility Operator Licensing Advisory Committee at the Texas Commission on Environmental Quality. The resolution would appoint new members to replace outgoing members or appoint existing members to a second term. The Advisory Committee operates through the Occupational Licensing Section of the Permitting & Registration Support Division. The Advisory Committee assists and advises the TCEQ on matters related to the training and licensing of water and wastewater operators. The Advisory Committee was created pursuant to 30Texas Administrative Code, Chapter 5, Advisory Committees and Groups. The Advisory Committee consists of 13 members, representing various water and wastewater regulated entities, from diverse geographic areas of the state, ethnic groups, businesses, government entities, and associations. (Paul Munguía,Alicia Ramirez) (Rule Project No. 2014-016-RES-NR)


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2.

ENFORCEMENT DOCKET

See complete Enforcement Docket items at the following link (#2-43, pages 2-10).



http://www.tceq.state.tx.us/assets/public/comm_exec/agendas/comm/current/2014/140514.pdf

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44.

RULE MATTERS

Docket No. 2013-1626-RUL.
Consideration for publication of, and hearing on, proposed new Sections101.600-101.602 of 30 TAC Chapter 101, General Air Quality Rules. The proposed rulemaking would implement Senate Bill (SB) 1756, 83rd Legislature,2013, Regular Session, providing TCEQ with the authority to accept a surcharge from the applicant to cover the expenses incurred by expediting the processing of an application. The proposed rulemaking would allow the applicant to pay a surcharge to request the expedited processing of an application filed under 30TAC Chapter 106, 116, or 122 where the applicant has demonstrated that the purpose of the application will benefit the state or local economy. (Becky Southard, Booker Harrison) (Rule Project No. 2013-042-101-AI)


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45. Docket No.2014-0426-RUL.
Consideration for publication of, and hearing on, proposed amendments to:Section 55.201 of 30 TAC Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; Sections 305.49 and 305.154 of 30TAC Chapter 305, Consolidated Permits; Sections331.82,331.107, 331.108 and331.122, and new Section 331.110 of 30 TAC Chapter 331, Underground Injection Control. The proposed rulemaking would implement House Bill 1079,83rd Legislature, 2013, Regular Session. The proposed rulemaking will require that all new, amended, or renewed Class III Underground Injection Control permits include a permit range table. This table will have concentration ranges for each of the groundwater quality parameters listed in the restoration table of each Production Area Authorization (PAA) associated with a permit. The restoration table values of the PAA must be within the respective ranges in the permit range table. If a permittee requests revision of a restoration table value,the requested revised value must be within the respective range of the permit range table; otherwise, the permit range table must be amended, which is subject to an opportunity for a contested case hearing. The proposed rulemaking also changes the conditions that determine when an application for a PAA may be subject to an opportunity for a contested case hearing, consistent with the requirements of HB 1079. (David Murry, Don Redmond) (Rule Project No. 2013-058-331-WS)


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46. Docket No. 2013-1382-RUL.
Consideration for publication of, and hearing on, proposed amendment to Section 290.272 of 30 TAC Chapter 290, Public Drinking Water; amendment to Section 291.87 of 30 TAC Chapter 291, Utility Regulations; and amendments to Sections 293.1, 293.12, 293.41, 293.44 ,293.51, 293.54, 293.63, 293.81, 293.94,and 293.171 of 30 TAC Chapter 293, Water Districts. The proposed rulemaking would implement House Bill (HB) 738, HB 1050, HB 1461, HB 2704, and Senate Bill 902, 83rd Legislature, 2013, Regular Session, relating to customer notification of water loss by a retail public utility and the powers, duties, and administration of water districts, specifically in the areas of: creation provisions(municipal utility districts only); contracting; issuance of bonds and bond anticipation notes; audit filings; impact fees; and, recreational facilities. The proposed rulemaking would also make non-substantive changes to update citations and terminology and conform with Texas Register requirements.(Justin Taack, Kayla Murray) (Rule Project No. 2013-054-293-OW)


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47.

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.

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EXE.

EXECUTIVE MEETING

Item 48
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 551of 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.

Item 49
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 Sections551.071 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 of the Government Code.

Item 50
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 551.074of 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.




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