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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, August 22, 2012
9:30 a.m. CT

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


1.

PROPOSAL FOR DECISION

TCEQ Docket No. 2010-0837-WR; SOAH Docket No. 582-11-3522.
Consideration of the Administrative Law Judges Proposal for Decision and Order regarding the application of the City of Lubbock to amend its water use Permit No. 3985 in Lubbock County, pursuant to the rules of the Texas Commission on Environmental Quality and Tex. Water Code chs. 5 and 11. The Commission will also consider the application, record, timely related filings, exceptions and replies. (James Aldredge, Ron Ellis)
MOTION TO OVERTURN

Item continued to 10/17/12 Agenda


2. Docket No. 2012-1329-SLG.
Consideration of Motions to Overturn regarding the Executive Director’s decision to issue Beneficial Land Use Registration No. 710921 to Childress Outhouses, LLC for the facility located at 605 County Road 121, Marble Falls in Burnet County, Texas. The Commission will also consider timely filed responses and replies to the Motions to Overturn.

Item removed from Agenda


3.

MISCELLANEOUS MATTER

Docket No. 2012-0258-RES.
Consideration of a resolution appointing seven nominees to replace sevenWater Utility Operator Licensing Advisory Committee ("the Advisory Committee") members whose terms expire August 31, 2012 and approve continuing the existence of the Advisory Committee until August 31, 2016. The Advisory Committee operates through the Occupational Licensing Section of the Permitting and 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 Title 30 of the Texas Administrative Code (TAC), Chapter 5. (Paul Munguía, Dinniah Tadema) (Rule Project No. 2012-032-RES-NR)


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4.

TMDL MATTERS


Docket No. 2011-2091-TML.
Consideration for final adoption of Three Total Maximum Daily Loads for Indicator Bacteria corresponding to three assessment units in three segments in the Carters Creek watershed (1209C, 1209D, and 1209L), of the Brazos River Basin, in Brazos County. (Ron Stein, Robert Brush) (Project No. 2012-013-TML-NR)

Items #4 and #5 taken up together


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5. Docket No. 2011-2092-TML.
Consideration for final approval of an Implementation Plan for three Total Maximum Daily Loads (TMDLs) for indicator bacteria in the Carters Creek watershed (Segments 1209C, 1209D, and 1209L), in Brazos County. (Ronald Stein, Robert Brush) (Project No. 2012-014-TML-NR)

Items #4 and #5 taken up together


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ED.

ENFORCEMENT DOCKET

See complete Enforcement Docket agenda at the following link (#6-38, pages 2-9)

Item #35 Remanded

Commissioner comments on #36; Public comment and Commission discussion on #17



http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2012/120822.pdf

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39.

STATE IMPLEMENTATION PLAN MATTER

Docket No. 2012-1087-SIP.
Consideration for publication of, and hearing on, proposed Federal Clean Air Act (FCAA), Section 110(a)(1) and (2) Infrastructure and Transport State Implementation Plan (SIP) Revision for the 2008 Ozone National Ambient Air Quality Standards. The proposed SIP revision would outline the requirements of FCAA, Section 110(a)(2)(A) through (M) and the Texas provisions supporting the requirements. These requirements include basic program elements such as enforceable emission limitations and control measures, air quality monitoring and modeling, a permitting program, adequate funding and personnel, authority under state law to carry out the plan, emissions reporting, emergency powers, public participation, and fee collection. This SIP revision would also include a technical demonstration to support that Texas meets the interstate transport requirements of FCAA, Section 110(a)(2)(D)(i)(I). (Shelley Naik, Amy Browning) (Non-Rule Project No. 2012-004-SIP-NR)


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40.

RULE MATTERS


Docket No. 2012-0822-RUL.
Consideration for publication of, and hearing on, an amendment to 30 TAC Chapter 106, Permits by Rule, Subchapter E, Aggregate and Pavement. The proposed rulemaking would amend Section 106.141, Batch Mixers, to also include medium-sized batch mixing operations used in temporary construction and repair operations. Currently, these operations must apply for a case-by-case new source review permit or meet the requirements of the concrete batch plant standard permit, neither of which were designed to meet the operational needs or environmental concerns associated with medium-sized batch mixers. (Becky Southard, Becky Petty) (Rule Project No. 2012-007-106-PR)


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41. Docket No. 2009-2039-RUL.
Consideration for adoption of amended Sections 114.6, 114.312, and 114.314 - 114.319, repealed Section 114.313, and new Section 114.313 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and corresponding revisions to the state implementation plan. The adoption would revise definitions; establish new designated alternative limits for Texas low emission diesel fuel properties; remove expired registration requirements and establish new registration requirements for identifying production and import facilities; revise approval procedures for alternative diesel fuel formulations; specify that theapprovals of all additive-based alternative diesel fuel formulations would be subject to revocation if the composition of the additive is found to be altered; allow all alternative diesel formulations approved by the Texas Commission on Environmental Quality prior to April 1, 2012, to remain in effect; revise reporting requirements to include production and import facility data; require alternative emission reduction plans using the Unified Model to determine compliance each calendar quarter; remove expired early gasoline sulfur reduction credits provisions; and make other clarifying changes as needed for accuracy and consistency. The proposed rules were published in the March 23, 2012, issue of the Texas Register (37 TexReg 2009). (Morris Brown, John Minter) (Rule Project No. 2009-001-114-EN)


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EXE.

EXECUTIVE MEETING



Item 42
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.

Item 43
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.

Item 44
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 Executive Session




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