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- Commissioners Agenda Meeting -

Wednesday, October 23, 2013
9:30 a.m. CT

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

Spec. Chairman Shaw Announces departure of General Counsel Les Trobman

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1. Docket No. 2013-1280-MWD.
Consideration of the application by Walton Texas, LP for renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014439001 which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 700,000 gallons per day. The wastewater treatment facility will be located approximately 7,000 feet southwest of the intersection of State Highway 21 and Farm-to-Market Road 2720 in northwest Caldwell 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. (Kathy Humphreys, Larry Diamond)

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2. Docket No. 2013-1488-SLG.
Consideration of the Motion to Overturn (“Motion”) filed on August 16, 2013, by James, Amy, Jim & Joanne Story; Los Sendaros Ranch LTD; Eddie Moore; Cal Taylor; Evergreen UWCD; City of Nixon; and George & Maria Blanch (“Movants”), which requests that the Commission overturn the Executive Director’s approval of the application by Gordon Clifford Swenson (“Applicant”) for Registration No. 710926 in Wilson County under Texas Health and Safety Code Chapter 361 and 30 Texas Administrative Code Chapter 312. The Commission will also consider the Response briefs filed by the Applicant, the Executive Director, and the Office of Public Interest Counsel and the Reply brief filed by the Movants. (Stefanie Skogen)


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3. Docket No. 2012-2137-RAW.
In compliance with 30 Texas Administrative Code (TAC) Section 336.736 (c), Waste Control Specialist's financial assurance mechanisms and cost estimates are reviewed to assure that sufficient funds are available for completion of the low level radioactive waste disposal site closure plan, assuming that the work has to be performed by an independent contractor. (Charles Maguire)

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4. Docket No. 2013-1046-MIS.
Consideration of the adoption of the renewal with amendment of general permit number WQG200000, authorizing the disposal of wastewater by evaporation or beneficial irrigation adjacent to water in the state from livestock manure compost operations. Public notice of the proposed draft permit was published in the June 7, 2013 issue of the Texas Register (38 TexReg 3685). (Laurie Fleet, Robert Brush) (Non-Rule Project No. 2013-027-OTH-NR)

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5. Docket No. 2013-1509-MIS.
Consideration of the adoption of revisions to The New Technology Implementation Grant Program: Guidelines for Grants (RG-484). The New Technology Implementation Grant (NTIG) program is established under Texas Health and Safety Code (THSC), Chapter 391. The commission is to adopt guidelines and criteria consistent with the statutory requirements. The commission adopted the current NTIG guidelines in 2010. The revisions to the guidelines implement changes to THSC, Chapter 391, by House Bill (HB) 2446 and Senate Bill (SB) 1727, 83rd Texas Legislature, 2013. Eligible project categories under the NTIG program include Advanced Clean Energy Projects as defined by THSC, Section 382.003. HB 2446 amended the definition of an Advanced Clean Energy Project to include projects involving natural gas. The revisions to the guidelines incorporate this change. The eligible project categories also include New Technology Projects that reduce emissions of regulated pollutants from point sources. The original provisions in THSC, Section 391.002(b)(1), required that projects under this category involve capital expenditures that exceed $500 million. SB 1727 removed the capital expenditure limitation. The revisions to the guidelines remove this requirement to be consistent with the statutory requirements. (Jody Ibarguen, Ross Henderson)

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6. Docket No. 2013-1391-MIS.
Consideration of the adoption of the designation recommendation for the 2012 primary annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) for submittal to the governor for his consideration and transmittal to the United States Environmental Protection Agency (EPA). The EPA will consider the state recommendation in making final 2012 PM2.5 NAAQS designations and area boundary determinations. The EPA revised the primary annual PM2.5 NAAQS on December 14, 2012 strengthening the standard from 15.0 micrograms per cubic meter (μg/m3) to 12.0 μg/m3. The EPA recommends that states identify violating areas using the most recent three years of certified air quality data (2010 through 2012) and submit a recommendation to the EPA no later than December 13, 2013. Staff recommends that all counties in the State of Texas with PM2.5 monitors meeting the revised NAAQS be designated attainment with all other counties of the state designated as unclassifiable/attainment. (Kristin Jacobsen, Alexis Lorick)

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Items #36 and #38 Remanded.
See complete Enforcement Docket items at the following link (#7-38, pages 3-9)


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39. Docket No. 2013-1612-RUL.
Consideration of a petition for rulemaking under Section 20.15 of 30 Texas Administrative Code (TAC) Chapter 20, Rulemaking. The petition was filed with the Texas Commission on Environmental Quality by the Dallas County Medical Society on August 28, 2013. The petitioner is requesting amendments to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter E, Multi-Region Combustion Control, Division 1, Utility Electric Generation in East and Central Texas. The petitioner is requesting a rulemaking that further limits nitrogen oxides (NOX) emissions from electric generating units in East and Central Texas by requiring that certain coal-fired power plants in East Texas meet more stringent NOX emission standards based on selective catalytic reduction technology within five years, specifically the eight coal-fired electric generating units located at Big Brown Steam Electric Station (Freestone County), Monticello Steam Electric Station (Titus County), and Martin Lake Electrical Station (Rusk County). The petitioner is also requesting that the commission hold a public hearing to accept comments on this rulemaking. (Javier Galván, Terry Salem) (Project No. 2013-060-PET-NR)

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40. Docket No. 2013-0413-RUL.
Consideration for adoption of an amendment to Section 115.453 of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the state implementation plan. The adopted rulemaking will allow the use of airless and air-assisted airless spray application systems for the coating of miscellaneous metal parts and products,miscellaneous plastic parts and products, and automotive/transportation and business machine plastic parts, and for the application of motor vehicle materials in the Dallas-Fort Worth and Houston-Galveston-Brazoria 1997 eight-hour ozone nonattainment areas. The adopted rulemaking implements reasonably available control technology requirements consistent with the United States Environmental Protection Agency’s 2008 Miscellaneous Metal and Plastic Parts Coatings Control Techniques Guidelines recommendations. The proposed rules were published in the June 07, 2013 issue of the Texas Register (38 TexReg 3499). (Frances Dowiak, Amy Browning) (Rule Project No. 2013-012-115-AI)

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41. Docket No. 2013-1342-RUL.
Consideration for publication of, and hearing on, proposed new and amended Sections of 30 TAC Chapter 39, Public Notice; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; Chapter 101, General Air Quality Rules; Chapter 106, Permits by Rule; Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and Chapter 122, Federal Operating Permits Program and corresponding revisions to the State Implementation Plan (SIP). New and amended Sections 39.411(e)(11), (15) and (16), and (f)(4) and (8), 39.412(a) - (d), 39.419(e)(1), 39.420(e)(4), 101.1, 101.10, 101.201, 106.2, 106.4, 116.12, 116.111, 116.160, 116.164, 116.169, 116.610, 116.611, and 122.122 would be submitted to the United States Environmental Protection Agency as revisions to the SIP. The proposed rulemaking implements House Bill 788, 83rd Legislature, 2013, Regular Session, which requires that the commission adopt rules for the authorization of emissions of greenhouse gases (GHGs) to the extent required under federal law. The proposed rules establish GHGs thresholds for Title V and Prevention of Significant Deterioration (PSD) permits, clarify how emissions of GHGs are implemented in the emissions inventory and emissions fee rules, specify the PSD GHG permit applications are not subject to requirements regarding a contested case hearing, and specify that GHGs do not have a reportable quantity (RQ) for emissions event reporting purposes. The proposed rules also address a rulemaking petition from 3M Company to establish an RQ of 5,000 pounds for C6 Fluoroketone, a fire protection fluid. (Tasha Burns, John Minter) (Rule Project No. 2013-040-116-AI)

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42. Docket No. 2013-0711-RUL.
Consideration for adoption of amended Section 336.1115 of 30 TAC Chapter 336, Radioactive Substance Rules. The adoption would amend requirements for the release for unrestricted use of outdoor areas at source material recovery sites or by-product disposal sites. The adopted rulemaking would also remove existing language in Section 336.1115(e) to eliminate the uranium soil concentration standard, leaving a radium soil concentration limit coupled with the radium benchmark dose approach method for the release of outdoor areas. The proposed rule was published in the July 5, 2013 issue of the Texas Register(38 TexReg 4300). (Tony Gonzalez, Don Redmond) (Rule Project No. 2013-029-336-WS)

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43. 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 Comment


Intr. Chairman Shaw announces New General Counsel - Anne Idsal

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