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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, October 31, 2012
9:30 a.m. CT

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


Cntd. Item continued from the October 17, 2012 agenda.
Item 1
Docket No. 2012-0501-RUL.
Consideration of the adoption of amended sections of 30 TAC Chapter 106, Permits by Rule and the non-rule Air Quality Standard Permit for Oil and Gas Handling and Production Activities. The adopted amendments remove certain counties from the applicability of subsections (a) through (k) of Section 106.352, Oil and Gas Handling and Production Facilities and from the non-rule Air Quality Standard Permit which relate to the control of oil and gas facilities in the Barnett Shale region. The adopted amendments clarify the measurement of minimum separation between oil and gas facilities and receptors where a local ordinance exists requiring equal or greater distance, and extend the deadline in Section 106.352 to notify the Commission of an existing facility location and method of authorization. The proposed rules were published in the June 15, 2012 issue of the Texas Register (37 TexReg 4341). (Tasha Burns, Betsy Peticolas) (Rule Project No. 2012-020-106-AI)


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1.

PROPOSAL FOR DECISION

Docket No. 2011-2253-PWS-E.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Old Tymer Enterprises, Inc. in Bexar County; RN1012404399; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 5, and the rules of the Texas Commission on Environmental Quality. The Commission will also consider the record, timely related filings, and exceptions and replies. (Jennifer Cook)


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2.

HEARING REQUESTS/REQUESTS FOR RECONSIDERATION

Docket No. 2012-1820-IHW.
Consideration of an application by US Ecology Texas, Inc., for a ten-year renewal and major amendment of Permit No. 50052 that would authorize continued hazardous and industrial solid waste management activities, including operation of a landfill, continued implementation of the facility compliance plan for groundwater monitoring and corrective action, and changes to the existing permit and compliance plan. The facility is located on a 240-acre tract of land on Petronila Road and County Road 69, approximately 3.5 miles south of Robstown, Texas, in Nueces County, Texas. The Commission will also consider the draft permit, requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s Response to Comments. (Diane Goss, Glenn Hall, Srinath Venkat, Brad Wilkinson)


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3. Docket No. 2011-1424-MSW.
Consideration of an application by the City of Levelland for proposed Permit No. 2369 to authorize the construction and operation of a new Type I and Type IV Arid Exempt municipal solid waste landfill. The facility is proposed to be located on Bobwhite Road, 2.5 miles east of U.S. 385 and o.5 miles south of FM 1585 in Hockley County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, andthe Executive Director’s Response to Comments. (Daniel Ingersoll, Dwight Russell)


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4. Docket No. 2012-0815-WR.
Consideration of an application by Saddle Creek Development LTD for a Water Use Permit (Application No. 12202) for authorization to modify and maintain an existing dam and reservoir on Brown Branch, tributary of the Clear Fork Trinity River, tributary of the Trinity River, Trinity River Basin, for in-place recreational use in Parker County, Texas. The reservoir has a capacity of 6.7 acre feet and a surface area of 1.32 acres. The Applicant proposes to maintain the reservoir at a constant level with groundwater from an existing well. The Commission will also consider requests for hearing or reconsideration, and related responses and replies. (Michael Gill, Ross Henderson)


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5.

MISCELLANEOUS MATTERS

Docket No. 2012-1395-MIS.
Consideration of the Executive Director's findings and recommendations on whether a watermaster should be appointed for the Brazos River Basin, the Brazos-Colorado Coastal Basin, the Colorado River Basin, and the Colorado-Lavaca Coastal Basin. Texas Water Code, Section 11.326(g) requires that in river basins where no watermaster has been appointed, the Executive Director shall evaluate the river basin at least once every 5 years to determine whether a watermaster should be appointed, and report the findings and make recommendations to the Commission. The Commission shall include the findings and recommendations in the Commission's Biennial Report to the legislature. The Commission will also consider the Executive Director's Proposal to Address Water Use Reporting, procedures for responding to priority calls, and river basin monitoring activities. (L’Oreal Stepney, Ramiro Garcia, Kellye Rila, Robin Smith)


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6. Docket No. 2012-0815-WR.
Consideration of the appeal filed by Salado at Walnut Creek Partners, LLC with regard to the Executive Director's negative use determination on Application No. 15502, dated July 13, 2012, for certain property at the Salado at Walnut Creek Apartments in Travis County, Texas. The Commission will also consider the application and all timely responses and reply briefs.


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ED.

ENFORCEMENT DOCKET

See complete Enforcement Docket agenda at following link (items #7-#22).



http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2012/121031.pdf

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23.

STATE IMPLEMENTATION PLAN

Docket No. 2012-1636-SIP.
Consideration for publication of, and hearing on, a proposed revision to the Texas Air Quality State Implementation Plan (SIP): the Federal Clean Air Act (FCAA), Section 110(a)(1) and (2) Infrastructure and Transport SIP Revision for the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The proposed SIP revision would outline the requirements of FCAA, Section 110(a)(2)(A) through (M), and the Texas provisions supporting the requirements for the 2010 SO2 NAAQS. 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). (Mary Ann Cook, Amy Browning) (Non-Rule Project No. 2012-022-SIP-NR)


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24.

RULE MATTER

Docket No. 2012-1388-RUL.
Consideration for publication of, and hearing on, proposed amendments to 30 Texas Administrative Code (TAC) Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter D, Combustion Control at Minor Sources in Ozone Nonattainment Areas, Division 2, Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources, Sections 117.2103, 117.2130, 117.2135, and 117.2145, and corresponding revisions to the state implementation plan. The proposed rulemaking would provide an exemption from the emission testing requirements in Chapter 117 for engines that are used exclusively for product testing and personnel training, operate in limited service, and meet the applicable federal emissions standards in 40 Code of Federal Regulations Part 89. Engines used in this type of service would be required to install and operate a non-resettable elapsed run time meter, maintain records of daily hours of operation, and maintain records demonstrating compliance with the applicable federal emissions standards. The proposed rulemaking is a follow-up to the Commission’s decision on May 30, 2012, to initiate rulemaking on the issues included in the petition for rulemaking filed by Halliburton Energy Services, Incorporated. (Javier Galván, Alexis Lorick) (Rule Project No. 2012-031-117-AI)


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25.

PUBLIC COMMENT SESSION

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.

EXE.

EXECUTIVE MEETING

Item 26
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 27
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 28
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.




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