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- Commissioners Agenda Meeting -
Wednesday, October 31, 2012
TCEQ Agenda Room
Cntd. Item continued from the October 17, 2012 agenda.
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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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.
4. Docket No. 2012-0815-WR.
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.
See complete Enforcement Docket agenda at following link (items #7-#22).
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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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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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.
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