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1.

TCEQ Docket No. 2008-1481-UCR; SOAH Docket No. 582-09-0660. Consideration of the Administrative Law Judges Proposal for Decision and Order regarding the application of North San Saba Water Supply Corporation to change its water rates under Certificate of Convenience and Necessity No. 11227 in San Saba County pursuant to the rules of the Texas Commission on Environmental Quality in 30 TAC Chapter 291 and Tex. Water Code Chapter 13. The Commission will also consider timely related filings, exceptions and replies. (Heidi Graham, Kayla Murray)

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2. TCEQ Docket No. 2009-1691-AIR; SOAH Docket No. 582-10-2070. Consideration of the application by East Texas Precast Co., Ltd. for registration to use the Air Quality Standard Permit for Concrete Batch Plants, Registration No. 86593 which would authorize the construction of a permanent concrete batch plant. The plant is currently permitted as a specialty concrete batch plant under the Air Quality Standard Permit for Concrete Batch Plants, Registration No. 50702. The plant site is located at 44855 Old Houston Hwy, Hempstead, Waller County, Texas. The Commission will also consider timely public comments and the Executive Directors Response to such comments; the application, and related filings, exceptions and replies. (Catherine Chinni, Amy Browning)

Item continued to June 16th agenda.

3. TCEQ Docket No. 2009-1483-AIR; SOAH Docket No. 582-10-1698. Consideration of the application by Quality Ready Mix, Ltd., L.L.P. for new Air Quality Standard Permit Registration No. 85181 to authorize the construction of a permanent concrete batch plant. The proposed plant site is located one mile north of Farm-to-Market 3377 on County Road 441/15, Mathis, San Patricio County, Texas. The Commission will also consider timely public comments and the Executive Directors Response to such comments; the application, and related filings, timely exceptions and replies.

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4.

5.

Docket No. 2009-0725-TML. Consideration to adopt eight final Total Maximum Daily Loads (TMDLs) for indicator bacteria in Greens Bayou Above Tidal and Tributaries (Segments 1016, 1016A, 1016B, 1016C, and 1016D), of the San Jacinto River Basin, in Harris County to satisfy federal water quality management planning requirements.

Items 5-9 taken up together.

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6. Docket No. 2009-1619-TML. Consideration for approval to publish and solicit public comment on Thirteen Draft TMDLs for indicator bacteria in Eastern Houston Watersheds, Segments 1006F, 1006H, 1007F, 1007G, 1007H, 1007I, 1007K, 1007M, 1007O, and 1007R of the San Jacinto River Basin, in Harris County.

Items 5-9 taken up together. See item 5 for clip.

7. Docket No. 2009-1618-TML. Consideration for approval to publish and solicit public comment on four draft TMDLs for indicator bacteria in Halls Bayou and Tributaries, Segments 1006D, 1006I, and 1006J of the San Jacinto River Basin, in Harris County.

Items 5-9 taken up together. See item 5 for clip.

8. Docket No. 2009-0757-TML. Consideration for approval to publish and solicit public comment on five draft TMDLs for indicator bacteria in Brays Bayou Above Tidal and Tributaries (Segments 1007B, 1007C, 1007E, and 1007L), of the San Jacinto River Basin, in Fort Bend and Harris Counties.

Items 5-9 taken up together. See item 5 for clip.

9. Docket No. 2009-1620-TML. Consideration for approval to publish and solicit public comment on four draft TMDLs for indicator bacteria in Sims Bayou Above Tidal and Tributary, (Segments 1007D, and 1007N), of the San Jacinto River Basin, in Harris and Fort Bend Counties

Items 5-9 taken up together. See item 5 for clip.

10.

Agreed Orders, Citations, and Default Orders. See complete agenda in link below(#10-82, pages 2-12).



http://www.tceq.state.tx.us/assets/public/comm_exec/agendas/comm/current/2010/100602.pdf

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83.

Docket No. 2009-1469-RUL. Consideration of the adoption of amended Sections 115.322 - 115.326, 115.352 - 115.357, 115.781, 115.782, and 115.786 - 115.788 and new Sections 115.358 and 115.784 of 30 Texas Admin. Code (TAC) Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the state implementation plan. The adoption would revise the Chapter 115 leak detection and repair rules in Subchapter D, Divisions 2 and 3, and Subchapter H, Division 3 to allow an optional alternative work practice to detect fugitive emission leaks using optical gas imaging instruments. The proposed rules were published in the December 25, 2009, issue of the Texas Register (34 TexReg 9315). (Robert Gifford, Janis Hudson) (Rule Project No. 2009-030-115-EN)

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84. Docket No. 2009-0203-RUL. Consideration of the adoption of new sections 101.150, 101.151, 101.153, and 101.155 of 30 TAC Chapter 101, General Air Quality Rules. The adoption would implement House Bill 1526 from the 80th Legislature, 2007, Regular Session, relating to incentives for owners or operators implementing a voluntary supplemental leak detection program using innovative technology. The proposed rules were published in the December 25, 2009 issue of the Texas Register (34 TexReg 9311). (Joe Janecka, Janis Hudson) (Rule Project No. 2007-040-101-CE)

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85. Docket No. 2009-1541-RUL. Consideration of the adoption of an amendment to 30 TAC Chapter 101, General Air Quality Rules, Subchapter A, General Rules, Section 101.27, Emissions Fees. The adoption will simplify the applicability requirements for determining if the owner or operator of a regulated entity is subject to being assessed an emissions fee and will simplify the rule language establishing the basis for determining the amount of the emissions fee. The proposed rules were published in the December 25, 2009, issue of the Texas Register (34 TexReg 9305). (Michael De La Cruz, Amy Browning) (Rule Project No. 2008-025-101-EN)

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86. Docket No. 2009-0991-RUL. Consideration of the adoption of amendments to 30 TAC Chapter 291, Utility Regulations, Sections 291.106 and 291.124. The adopted rulemaking would implement House Bill 1295 from the 81st Legislature, 2009, Regular Session, regarding notice for an application made to the Texas Commission on Environmental Quality to obtain or amend a Certificate of Convenience and Necessity. The statute requires that notice be given to each county and groundwater conservation district that is wholly or partially included in the area to be certificated. The adopted rulemaking would also implement Senate Bill 2126 from the 81st Legislature, 2009, Regular Session, to allow owners or managers of apartment houses to add up to a nine percent service charge to the water and wastewater portions of the tenants utility bills in submetered apartment dwelling units. The proposed rules were published in the January 29, 2010 issue of the Texas Register (35 TexReg 575). (Tammy Benter, Kayla Murray) (Rule Project No. 2009-039-291-OW)

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87. Docket No. 2009-1907-RUL. Consideration of the adoption of an amendment to Section 116.160 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification and corresponding revisions to the state implementation plan. The adoption would include references to 40 Code of Federal Regulations (CFR) Section 52.21(b)(12), the federal definition of best available control technology (BACT), 40 CFR Section 52.21(r)(4), the federal requirement that ensures sources or modifications which become major as a result of the relaxation of an enforceable limitation are subject to prevention of significant deterioration requirements, and 40 CFR Section 52.21(j), the federal requirement to use control technology that is equivalent or more stringent than BACT. The proposed rules were published in the January 29, 2010 issue of the Texas Register (35 TexReg 569). (Blake Stewart, Janis Hudson) (Rule Project No. 2010-005-116-PR)

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88. Docket No. 2009-1777-RUL. Consideration of the adoption of amendments to 30 TAC Chapter 39, Public Notice; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; Chapter 60, Compliance History; and Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and corresponding revisions to the state implementation plan (SIP). The rulemaking would adopt the repeal of Sections 39.402, 39.404 and 39.606; adopt new Section 39.402; and also adopt the amendments to Sections 39.106, 39.403, 39.405, 39.409, 39.411, 39.418 - 39.420, 39.501, 39.551, 39.601 - 39.605, 39.651, 39.653, 39.709, 55.152, 55.154, 55.156, 55.210, 60.1., 116.114 and 116.194.The following new and amended sections would be submitted to the United States Environmental Protection Agency (EPA) as revisions to the SIP: Sections 39.402(a)(1) - (6),(8), and (10) - (12), 39.405(f)(3) and (g), (h)(1)(A) - (4), (6), (8) - (11), (i) and (j), 39.409, 39.411(e)(1) - (4)(A)(i) and (iii), (4)(B), (5)(A) and (B), (6) - (10), (11)(A)(i) and (iii) and (iv), (11)(B) – (F), (13) and (15), and (f)(1) – (8), (g) and (h), 39.418(a), (b)(2)(A) and (c), 39.419(e), 39.420(c)(1)(A) - (D)(i)(I) - (II), (D)(ii), (c)(2), (d) - (e), and (h), 39.601, 39.602, 39.603, 39.604, and 39.605, 55.152(a)(1), (2), (5) and (6), 55.154(a), (b), (c)(1) - (3) and (5), and (d) - (g), 55.156(a), (b), (c)(i), (e) and (g), 116.114 and 116.194. In addition, §§39.411(a) and 55.152(b) as adopted in 1999, and amended §39.418(b)(3), submitted in 1999 as §39.418(b)(4), would not be withdrawn as revisions to the SIP and therefore remains for EPA review and consideration.In addition, Sections 39.407 and 55.150 would be submitted to the EPA as revisions to the SIP. The proposed order requests EPA to update the SIP to reflect that amended §§39.411(f)(7)(A) and 39.605(1)(D) make enforceable the commitments in Paragraph 7 in the Order of the Texas Air Control Board, predecessor agency to the Texas Commission on Environmental Quality, dated July 17, 1987 adopting commitments regarding the Prevention of Significant Deterioration (PSD) permit program in the Texas SIP.Consideration of the adoption of the withdrawal of new and amended rules which were previously submitted to EPA as revisions to the SIP on October 25, 1999, July 31, 2002 and March 9, 2006. The sections submitted in 1999 were Sections 39.201; 39.401; 39.403(a) and (b)(8) - (10); 39.405(f)(1) and (g); 39.409; 39.411(a), (b)(1) - (6) and (8) - (10) and (c)(1) - (6) and (d); 39.413(9), (11), (12), and (14); 39.418(a) and (b)(3) and (4); 39.419(a), (b), (d), and (e); 39.420(a), (b), and (c)(3) and (4); 39.423(a) and (b); 39.601; 39.602; 39.603; 39.604; and 39.605. The sections submitted in 2002 were new Section 39.404, and amended Sections 39.411, 39.419, 39.420; 39.603, 39.604, and 39.606. The sections submitted in 2005, were amended Sections 39.403(b)(8) - (10) and new (f), 39.411(a), (b)(1) - (6), (8) - (10), (c)(1) - (6), and (d); 39.419(a), (b), (d), and (e); and 39.420(a), (b), and (c)(3) and (4). In 2005, the commission also proposed to submit the repeal of Section 39.404, and the newly adopted Section 39.404, and to withdraw Sections 39.411, 39.419, and 39.420 as submitted in 2002. The commission would also adopt the withdrawal of the following rules which were submitted as revisions to the SIP on October 25, 1999: Sections 55.1; 55.21(a) - (d), (e)(2), (3) and (12), (f) and (g); 55.101(a), (b), (c)(6) - (8); 55.103; 55.150; 55.152(a)(1), (2), and (5); 55.154; 55.156; 55.200; 55.201(a) - (h); 55.203; 55.205; 55.209; and 55.211. In addition, §§39.411(a) and 55.152(b) as adopted in 1999, and amended §39.418(b)(3), submitted in 1999 as §39.418(b)(4), would not be withdrawn as revisions to the SIP.The adopted rulemaking would address EPAs evaluation of Texas SIP and corresponding rules regarding public participation for New Source Review permits, and EPAs November 26, 2008, proposed limited approval and limited disapproval of submitted rules in Chapters 39 and 55. This rulemaking is intended to address EPAs concerns and correct the deficiencies identified by EPA in the rules to obtain full SIP approval. The proposed rules were published in the January 15, 2010, issue of the Texas Register (35 TexReg 306). (Janis Hudson, Margaret Ligarde) (Rule Project No. 2010-004-039-LS)

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89. Docket No. 2009-2064-RUL. Consideration for publication of, and public hearing on a proposed amendment to Section 37.9105 of 30 TAC Chapter 37, Financial Assurance. The proposed rulemaking would remove the requirement that the environmental impairment insurance policy required of Class B sewage sludge operators must provide an automatic renewal option to the insured. (Rob Norris, Anthony Tatu) (Rule Project No. 2010-014-037-AD)

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90.

See complete Executive Meeting agenda in link below(#90-92, page 15).



http://www.tceq.state.tx.us/assets/public/comm_exec/agendas/comm/current/2010/100602.pdf