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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, October 9, 2013
9:30 a.m. CT

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


1. PROPOSALS FOR DECISION

1. Docket No. 2012-0786-UCR; SOAH Docket No. 582-12-6250.
Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the appeal by BFE Water Company of the ratemaking action of the City of Cresson and motion for interim rate relief, Application No. 37311-A in Parker County, Texas, pursuant to rules of the Texas Commission on Environmental Quality in 30 TAC Chapter 291 and Texas Water Code Chapter 13. The Commission will also consider the application, record, timely related filings, exceptions and replies. (Kayla Murray, Brian Dickey)


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2. Docket No. 2012-0996-PST-E.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Yahya Jafreh a/k/a John Jafreh in Walker County, Texas; RN102274438; 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. (Steven M. Fishburn)


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3. HEARING REQUESTS/REQUESTS FOR RECONSIDERATION

3. Docket No. 2013-1406-MSW.
Consideration of an application by the North Texas Municipal Water District for proposed Permit Amendment No. 53-A to authorize the relocation and new construction of an existing Type V Transfer Station. The facility is located approximately 0.2 miles east of the intersection of N. Plano Road and E. Lookout Drive in Collin 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. (Steve Shepherd, Mario Perez)


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4. Docket No. 2013-1506-MSW.
Consideration of Parts I and II of the application by Rancho Viejo Waste Management, LLC for a land-use only determination on proposed Permit No. 2374, which would authorize the construction and operation of a new Type I municipal solid waste landfill, a Type V liquid processing facility for grease trap and grit trap waste, and a recycling facility. The facility is proposed to be located in Webb County, Texas, approximately 20 miles east of Laredo and approximately five miles southeast of U.S. Highway 59 at Ranchitos Las Lomas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Daniel Ingersoll, P. Hunt Prompuntagorn)


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5. Docket No. 2013-1281-MWD.
Consideration of the application by Victorian Gardens, Ltd. for a new permit, proposed TCEQ Permit No. WQ0015056001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility will be located 1,640 feet northwest of the intersection of Bissonnet Street and Clodine Road in northeast Fort Bend 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. (Stephanie Skogen, Dex Dean)


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6. MISCELLANEOUS MATTERS

6. Docket No. 2013-1762-WR.
Consideration of whether to affirm, modify, or set aside the Executive Director's Order suspending certain water rights in the Colorado River Basin, San Saba River, signed on August 26, 2013. On August 19, 2013, Nick Singleton, and on August 21, 2013, Mary Donley, made a "senior call" for riparian domestic and livestock use. The Order was issued by the Executive Director pursuant to Texas Water Code Section 11.053 and 30 Tex. Admin. Code Chapter 36. The Order has a term until February 21, 2014, unless modified or terminated, and was issued by the Executive Director without a hearing. Water rights junior to 1900 were suspended for Nick Singleton, except for one municipal water right. Two upstream water rights were suspended for Mary Donley. The Order allows diversion and impoundment by the suspended water rights holders during certain higher flow levels if conditions change to cause temporary higher flow levels in the San Saba River watershed during the term of the Order. The Order affects certain water rights in Menard, McCulloch, and Schleicher Counties. (Kellye Rila, Robin Smith)


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7. Docket No. 2013-1083-UCR.
Consideration of a request for a Commission order approving a contract designating service areas between B H PWSC ("BHP"), water Certificate of Convenience and Necessity ("CCN") No. 10064, and the City of Royse City, water CCN No. 12827, in Collin County, Texas pursuant to section 13.248 of the Texas Water Code. Currently, BHP and the City of Josephine hold dual certifications to an area of land consisting of approximately 11.77 acres. Under the Agreement, BHP will transfer its certification to the 11.77-acre area to the City of Royse City, making that area dually certified to the City of Royse City and the City of Josephine. Additionally, BHP and the City of Royse City hold dual certifications to an area of land consisting of approximately 76.23 acres. Under the Agreement, BHP will release its certification to the 76.23-acre area, making that area singly certified to the City of Royse City. No customers or facilities are proposed to be transferred. (Jessica Rogers, John Lock)


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8. Docket No. 2013-1655-MIS.
Consideration of material changes to contracts for goods and services awarded under Chapter 2155 of the Texas Government Code executed during the previous quarter. (Elizabeth West)


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9. Docket No. 2013-1657-MIS.
Consideration of gifts and donations of $500.00 or more in value given to the TCEQ, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies. (Elizabeth West)


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Enf. ENFORCEMENT DOCKET

Item #38 Remanded
See the following link for Enforcement Docket descriptions (#10-43, pages 3-10).




http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2013/131009.pdf

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44. RULE MATTER

44. Docket No. 2012-2362-RUL.
Consideration of the adoption of amended Sections 115.240, 115.242 - 115.246, new Section 115.241, and repeal of Sections 115.241, 115.247, and 115.249 of 30 TAC Chapter 115, corresponding revisions to the state implementation plan, and consideration of the withdrawal from the United States Environmental Protection Agency amendments to Section 115.247, as adopted by the Commission on June 27, 2007, as a revision to the state implementation plan. The adopted rulemaking revises Chapter 115, Subchapter C, Division 4 establishing that owners and operators of gasoline dispensing facilities are no longer required to install Stage II equipment and requiring the decommissioning of Stage II equipment at all gasoline dispensing facilities no later than August 31, 2018. Gasoline dispensing facilities electing to retain Stage II equipment until the mandatory removal date of August 31, 2018 would be required to comply with current Stage II rules. The proposed rules were published in the May 10, 2013 issue of the Texas Register (38 TexReg 2823). (Santos Olivarez, Terry Salem/Becky Petty) (Rule Project No.2013-001-115-AI)

#44 and #45 taken up together


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45. STATE IMPLEMENTATION PLAN MATTER

45. Docket No. 2012-2361-SIP.
Consideration of the adoption of revisions to the Stage II Vapor Recovery Program State Implementation Plan (SIP) revision. The adopted SIP revision incorporates revisions to Chapter 115, Subchapter C, Division 4 (Rule Project No. 2013-001-115-AI) establishing that owners and operators of gasoline dispensing facilities are no longer required to install Stage II equipment and requiring the decommissioning of Stage II equipment at all gasoline dispensing facilities no later than August 31, 2018. Gasoline dispensing facilities electing to retain Stage II equipment until the mandatory removal date of August 31, 2018 would be required to comply with current Stage II rules. The SIP revision includes a detailed assessment demonstrating that decommissioning of Stage II vapor controls does not interfere with attainment or maintenance of areas classified as moderate or above for the ozone National Ambient Air Quality Standards. (Santos Olivarez, Terry Salem/Becky Petty) (SIP Project No. 2013-002-SIP-NR)

#44 and #45 taken up together


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Exec. EXECUTIVE MEETING

46. Docket No. 2013-0001-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.

47. Docket No. 2013-0002-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.

48. Docket No. 2013-0003-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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