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1. MISCELLANEOUS MATTERS

     1. Docket No. 2011-2271-UCR.
Consideration of a Petition for Expedited Release from Tri-Community Water Supply Corporation’s Certificate of Convenience and Necessity No. 10313 and the related April 25, 2012 District Court Agreed Judgment remanding the matter to the Texas Commission on Environmental Quality.

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2. Docket No. 2012-0421-MLM.
Consideration of a petition from the Executive Director for an Order approving the dissolution of the Bexar Metropolitan Water District of Bexar, Medina and Atascosa Counties, Texas, pursuant to Senate Bill 341, 82nd Leg. R.S. (2011). The Commission will also consider related issues regarding the reporting, integration, and regulatory assessment fee obligations of the San Antonio Water System. (Doug Holcomb, Christiaan Siano)

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Enf. ENFORCEMENT DOCKET

Commissioner comments on Item #12; outside comment and Commission discussion on Item #8

See complete Enforcement Docket agenda items at the following link (#3-41, pages 1-9).



http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2012/120530.pdf

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42. MISCELLANEOUS MATTER

     42. Docket No. 2011-1789-MIS.
Consideration for approval of an update to the Texas Nonpoint Source Management Program. This document is required to be submitted through the Governor's Office to the United States Environmental Protection Agency for continued eligibility for Section 319 Nonpoint Source Grant funds under the federal Clean Water Act. This document represents the joint submission of both the Texas Commission on Environmental Quality and the Texas State Soil and Water Conservation Board. (Monica Harris) (Project No. 2012-006-MIS-NR)

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43. PETITION MATTER

     43. Docket No. 2012-0751-RUL.
Consideration of a petition for rulemaking under Section 20.15 of 30 Texas Administrative Code (TAC) Chapter 20, Rulemaking. The petition was filed with the Texas Commission on Environmental Quality by Baker Botts L.L.P. on behalf of Halliburton Energy Services, Inc. on April 5, 2012. The petitioner is requesting amendments to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter D, Combustion Control at Minor Sources in Ozone Nonattainment Areas, Division 2, Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources. The petitioner is requesting a partial exemption for engines that are used exclusively for product testing and personnel training, operate in limited service, and meet the applicable federal emissions standards in 40 Code of Federal Regulations Part 89. The petitioner is also requesting revisions to the corresponding monitoring and recordkeeping requirements to reflect the new category of exempt engines. Additionally, the petitioner is requesting clarification that "product testing" as used in the new exemption is distinct from engine "testing" as used in Section 117.2130(c). (Javier Galvan, Amy Browning) (Project No. 2012-029-PET-NR)

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44. RULE MATTERS

     44. Docket No. 2011-1226-RUL.
Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 290, Public Drinking Water, Sections 290.38, 290.39, 290.46, 290.103, 290.109 - 290.112, 290.116, 290.119, 290.122, and 290.275; and 30 TAC Chapter 291, Utility Regulations, Sections 291.161 and 291.162. The proposed rulemaking would bring Chapters 290 and 291 into conformity with House Bill (HB) 805, 82nd Legislature, 2011, Regular Session and would make Chapters 290 and 291 more consistent with the federal Ground Water Rule (GWR) including a change to the definition of groundwater under the direct influence of surface water to make it consistent with 40 Code of Federal Regulations Section 141.2; the federal Total Organic Carbon (TOC) Rule; and United States Environmental Protection Agency (EPA) Method 334.0. The federal regulations implement the federal Safe Drinking Water Act. The statutory amendments made by HB 805 expand the counties to which the Emergency Preparedness Plan requirement applies and provides a timeline for newly affected water systems to comply. The proposed amendments made for the GWR establish rule language consistent with that used in the federal regulations. The proposed amendments to the TOC Rule are to correct an inaccuracy in the applicability statement that extended the state requirements of Section 290.112 to treatment plants that are not subject to the corresponding federal requirements. The proposed amendments also include EPA Method 334.0 as an approved alternative for measuring chlorine residual in drinking water. (Matt Court, Christiaan Siano) (Rule Project No. 2011-056-290-OW)

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45. Docket No. 2012-0501-RUL.
Consideration for publication of, and hearing on amended sections of 30 TAC Chapter 106, Permits by Rule and the non-rule Air Quality Standard Permit for Oil and Gas Handling and Production Activities. The proposed amendments would remove certain counties from the applicability of subsections (a) through (k) of Section 106.352, Oil and Gas Handling and Production Facilities and from the non-rule Air Quality Standard Permit which relate to the control of oil and gas facilities in the Barnett Shale region. The proposed amendments would clarify the measurement of minimum separation between oil and gas facilities and receptors where a local ordinance exists requiring equal or greater distance, and would extend the deadline in Section 106.352 to notify the Commission of an existing facility location and method of authorization. (Beecher Cameron, Betsy Peticolas) (Rule Project No. 2012-020-106-AI)

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Pub. PUBLIC COMMENT SESSION

     46. 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

     47. Docket No. 2012-0001-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.

     48. Docket No. 2012-0002-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 of the Government Code.

     49. Docket No. 2012-0003-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