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1. PROPOSALS FOR DECISION

1. TCEQ Docket No. 2010-0403-IWD; SOAH Docket No. 582-10-5940.
Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding the application by Navarro Generating LLC for a new wastewater discharge permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004870000 pursuant to rules of the Texas Commission on Environmental Quality and Texas Water Code Chapter 26. The facility would be located at the intersection of Farm-to-Market Road 1394 and Southwest County Road 2100, approximately 3.3 miles southwest of Richland, Navarro County, Texas. The Commission will also consider timely public comments and the Executive Director's Response to Comments, the record, timely related filings, exceptions and replies. (Christiaan Siano, Tres Koenings)

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2. TCEQ Docket No. 2009-1905-IWD-E; SOAH Docket No. 582-10-5396.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of BIGD HAZMAT, INC., Duncan Services, Inc. and Robert L. Duncan in Gregg County; RN105385181; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Texas Administrative Code ch. 60. The Commission will also consider the record, timely related filings, exceptions and replies. (Kari Gilbreth)

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3. TCEQ Docket No. 2010-0222-PWS-E; SOAH Docket No. 582-10-5983.
Consideration of the Administrative Law Judge’s Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Mostafa A. Soliman d/b/a Willowbrook Subdivision in Waller County; RN101256121; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. The Commission will also consider the record, timely related filings, exceptions and replies. (Jeff Huhn)

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4. TCEQ Docket No. 2010-0834-PST-E; SOAH Docket No. 582-11-1277.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties against DOBANI INC. d/b/a Gulf Freeway Shell in Harris County, Texas; RN101781235; regarding petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, 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. (Phillip M. Goodwin)

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5. MISCELLANEOUS MATTER

5. Docket No. 2011-1369-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

Commissioner comments and questions on #41, 60, 62, and 55; Items #21 and #31 Remanded

See the following link for complete Enforcement Docket items (#6-70, page 2-15)



http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2011/111018.pdf

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71. RULE MATTERS

71. Docket No. 2011-1252-RUL.
Consideration for publication of, and hearing on, proposed new 30 Texas Administrative Code (TAC) Chapter 36, Suspension or Adjustment of Water Rights During Drought or Emergency Water Shortage. The proposed rulemaking would implement House Bill 2694, Section 5.03, 82nd Legislature, 2011, Regular Session, relating to the executive director's suspension or adjustment of water rights during drought or emergency water shortage. The proposed rulemaking would define "drought" and "emergency shortage of water," set out procedures for the executive director's order under this chapter, provide the terms of the order and conditions that must be met before an order can be issued, and establish an appeal process of the Executive Director's order to the Commission. (Robin Smith) (Rule Project No. 2011-033-036-LS)

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72. Docket No. 2011-1219-RUL.
Consideration for publication of, and hearing on, a proposed amendment to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter K, Mobile Source Incentive Programs, Division 3, Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles, Section 114.622, Incentive Program Requirements, and corresponding revisions to the state implementation plan. The proposed rulemaking would implement part of House Bill (HB) 3399, from the 82nd Legislature, 2011, Regular Session, relating to requirements for receiving an incentive grant under the Diesel Emissions Reduction Incentive Program. The revisions to 30 TAC Chapter 114, as required by HB 3399, incorporate changes and additions to the program eligibility criteria, including: changes to the period over which a grant-funded vehicle must be operated; establish specific criteria for decommissioning a vehicle or vehicle engine under the program; and add provisions to allow a vehicle that has been leased or otherwise commercially financed to be replaced under the program. The revisions also include provisions, as required by HB 3399, that the executive director shall waive eligibility requirements on a finding of good cause. (Betsy Peticolas, Steve Dayton) (Rule Project No. 2011-050-114-EN)

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73. Docket No. 2011-1220-RUL.
Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter K, Mobile Source Incentive Programs, Division 5, Texas Clean Fleet Program, Sections 114.650 - 114.654, and corresponding revisions to the state implementation plan. The proposed rulemaking would implement part of House Bill (HB) 3399, from the 82nd Legislature, 2011, Regular Session, relating to requirements for receiving an incentive grant under the Texas Clean Fleet Program. The revisions to 30 TAC Chapter 114, as required by HB 3399, incorporate changes and additions to the program eligibility criteria, including: changes to the number of vehicles that must be included in a grant and that may be awarded funding by the Commission; changes to allow a vehicle that has been leased or commercially financed to be replaced under the program; and establishing criteria for decommissioning a vehicle or vehicle engine replaced under the program. The revisions also include provisions, as required under HB 3399, that the executive director shall waive the ownership and use requirements for the vehicle being replaced, upon a finding of good cause. (Betsy Peticolas, Steve Dayton) (Rule Project No. 2011-051-114-EN)

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74. Docket No. 2011-1221-RUL.
Consideration for publication of, and hearing on, a proposed new Division 6, Alternative Fueling Facilities Program, Sections 114.660 - 114.662 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter K, Mobile Source Incentive Programs, and corresponding revisions to the state implementation plan. The proposed rulemaking would implement part of Senate Bill 385, from the 82nd Legislature, 2011, Regular Session, relating to establishing the criteria for prioritizing facilities to receive grants under the Alternative Fueling Facilities Program. Facilities eligible to receive grants under the program include a facility to store, compress, or dispense alternative fuels in a nonattainment area. Under the program, alternative fuels are defined as a fuel, other than gasoline or diesel fuel, other than biodiesel fuel, including electricity, compressed natural gas, liquefied natural gas, hydrogen, propane, or a mixture of fuels containing at least 80% methanol by volume. (Betsy Peticolas, Steve Dayton) (Rule Project No. 2011-052-114-EN)

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75. Docket No. 2011-1222-RUL.
Consideration for publication of, and hearing on, a proposed new Division 7, Texas Natural Gas Vehicle Grant Program, Sections 114.670 - 114.672 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter K, Mobile Source Incentive Programs, and corresponding revisions to the state implementation plan. The proposed rulemaking would implement part of Senate Bill 385, from the 82nd Legislature, 2011, Regular Session, relating to establishing the criteria for prioritizing qualifying vehicles eligible to receive grants under the Texas Natural Gas Vehicle Grant Program. (Betsy Peticolas, Steve Dayton) (Rule Project No. 2011-053-114-EN)

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76. PUBLIC COMMENT SESSION

76. 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 Comments

77-9. EXECUTIVE MEETING

77. Docket No. 2011-0001-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.

78. Docket No. 2011-0002-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.

79. Docket No. 2011-0003-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 asrequired by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.

Commission did not meet in Executive Session