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1 .

Continued from the September 24, 2008 agenda.
Item 1. Docket No. 2007-1424-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Coast Composite Marine Specialist Inc. in Galveston County; TCEQ ID No. RN100887306; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Anna Cox, Lena Roberts)


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2 .

HEARING REQUESTS/REQUESTS FOR RECONSIDERATION

Item 1. Docket No. 2005-0272-AIR. Consideration of application by Lone Star Steel Company, L.P., now U.S. Steel Tubular Products, Inc., for renewal of Air Quality Permit No. 3342 and PSD-TX-838 to authorize the continued operation of a steel pipe manufacturing plant consisting of two electric arc furnaces and a speciality tubing facility. The plant site is located at 6866 Highway 259 South in Lone Star, Morris 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. (Dois Webb/Douglas Brown)


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3 . Item 2. Docket No. 2008-1406-MWD. Consideration of the application by LCS Corrections Services, Inc. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014802001, which would authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The wastewater treatment facility will be located at 4909 Farm-to-Market Road 2826, approximately 470 feet west of the centerline of County Road 81 in the southwest quadrant of the intersection of County Road 81 and Farm-to-Market Road 2826, southwest of the City of Robstown in Nueces County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director=s Response to Comments. (Alicia Lee, Kent H. Trede)


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4 . AGREED ORDERS, CITATIONS, DEFAULT ORDERS

See complete agenda for Agreed Orders, Citations, and Default Orders here. (#3-71, pages 2-12)

Discussed Items #6, 8, 27, 33, 54, 56, 63, 64, 12, and 67


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5 . POST CLOSURE MATTER

Item 72. Docket No. 2006-0349-IHW. Consideration of the application by U. S. Steel Tubular Products, Inc. (formerly Lone Star Steel Company, L.P.) for issuance of a post-closure order to authorize post-closure care of solid and hazardous waste units pursuant to Tex. Health & Safety Code ch. 361; Tex. Water Code ch. 7; 40 Code of Federal Regulations Parts 264, 265, 270 and 271; and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 335. The facility is located at 6866 US highway 259 South, in Morris County, Texas. The Commission will also consider requests for hearing or reconsideration and related responses. (Angelyn Eastman, Susan Jere White, and Dawn Burton)


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6 . MISCELLANEOUS MATTER

Item 73. Docket No. 2008-1608-MIS. Consideration of the Biennial Report to the 81st Legislature for FY 2007 - FY 2008, as required by the Texas Water Code, Sec. 5.178. The Biennial Report is due December 1 before each regular legislative session.


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7 . RULE MATTER

Item 74. Docket No. 2008-0771-RUL. Consideration of the adoption of an amendment to Section 1.10 of 30 TAC Chapter 1, Purpose of Rules, General Provisions. The adoption would revise the number of copies submitted to the Chief Clerk for documents filed for commission meetings and define the acronym SOAH as the State Office of Administrative Hearings. The proposed rule was published in the August 22, 2008 issue of the Texas Register (33 TexReg 6726). (LaDonna Castañuela, Michael Parrish, Alicia Lee) (Rule Project No. 2008-018-001-AS)


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8 . EXECUTIVE MEETING

See complete Executive Meeting agenda here. (#75-77, page 12-13)

None

9 .

Item 1. TCEQ Docket No. 2007-0543-AGR-E; SOAH Docket No. 582-08-0090. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Klaas Talsma dba Talsma Dairy in Erath County, Texas; TCEQ ID No. WQ0003145000; regarding violations pursuant to 30 Tex. Admin. Code § 321.42(s), Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental Quality. The Commission will also consider timely filed exceptions and replies. (Barham Richard)


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10 . Item 2. TCEQ Docket No. 2008-0099-MIS; SOAH Docket No. 582-08-1502. Consideration of the Administrative Law Judge’s Proposal for Decision and Order regarding the Executive Director’s petition for designation of the Central Texas - Trinity Aquifer - Priority Groundwater Management Area (PGMA) and the Executive Director’s recommendations concerning creation of Groundwater Conservation Districts in the PGMA pursuant to Chapter 35 of the Texas Water Code and 30 TAC Chapter 294 of the rules of the Texas Commission on Environmental Quality. The proposed Central Texas - Trinity Aquifer - PGMA would be created to cover Bosque, McLennan, Coryell, Hill, and Somervell Counties, Texas. The Commission will also consider exceptions and replies. (Robin Smith)


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11 . Item 3. TCEQ Docket No. 2006-2022-MSW-E; SOAH Docket No. 582-08-0669. Consideration of the Administrative Law Judge's Proposal for Decision and Default Order assessing administrative penalties and requiring certain actions of Michael Eugene French in Kaufman County, Texas; TCEQ ID No. 455040169; regarding municipal solid waste violations pursuant to 30 Tex. Admin. Code § 330.15(c) and the rules of the Texas Commission on Environmental Quality. The Commission will also consider timely filed exceptions and replies. (Anna Cox)


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12 . Item 4. TCEQ Docket No. 2007-1828-UCR. Consideration of a request for a Commission order approving a contract designating service areas between the City of Schertz, water certificate of convenience and necessity (“CCN”) No. 10645, and Green Valley Special Utility District (“Green Valley”), water CCN No. 10646, in Guadalupe County, Texas pursuant to section 13.248 of the Texas Water Code. Currently, Green Valley holds a CCN that includes the proposed Keli Heights Subdivision. Green Valley received a request from HLH Development, L.P. to transfer approximately 33.501 acres of its CCN that covers the proposed subdivision to the City of Schertz. Under the agreement between the three parties, this transfer will occur. No customers or facilities are proposed to be transferred. (Ron Olson, Heidi Graham)


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