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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

- Commissioners Agenda Meeting -

Wednesday, December 11, 2013
9:30 a.m. CT

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


1. PROPOSALS FOR DECISION

1. Docket No. 2012-2608-AIR; SOAH Docket No. 582-13-1520.
Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of El Paso Electric Company for Air Quality Permit Nos. 102294 and PSD-TX-1290 that would authorize construction and operation of the Montana Power Station, a natural gas-fueled electric generating comprised of four simple cycle combustion turbine generators located in El Paso 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. (Becky Petty)


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2. Docket No. 2012-0486-PST-E; SOAH Docket No. 582-13-2091.
Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of MAGIC PRO INC d/b/a Pro Quick Lube in Dallas County, Texas; RN101556298; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 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. (Rebecca M. Combs)


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3. HEARING REQUEST/REQUEST FOR RECONSIDERATION

3. Docket No. 2013-1036-MWD.
Consideration of the application by New Way Land Development, LLC for a new permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015058001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility will be located at the intersection of Interstate Highway 35 and Ranch Road 3408 in La Salle 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. (Stefanie Skogen/David Akoma)

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4. CERTIFIED QUESTION

4. Docket No. 2005-1490-WR; SOAH Docket No. 582-10-4184.
Consideration of the Administrative Law Judges’ request to answer certified questions regarding the Application by the Brazos River Authority (BRA) for Water Use Permit No. 5851 and related filings, pursuant to Texas Water Code (TWC) Chapter 11 and the Commission’s rules, including 30 Texas Administrative Code § 80.131. The Administrative Law Judges seek the Commission’s answers to the following certified questions: 1) Commission interpretation of the deadlines established by the Environmental Flows Advisory Committee and TWC § 11.147(e-3) is needed: are the timing requirements of these provisions mandatory? 2) Does TWC § 11.147(e-3) require that newly adopted environmental flow standards be applied immediately, or may their implementation be addressed under a TWC § 11.147(e-1) “reopener” provision? 3) Assuming that timing requirements are directory or that application of new environmental low standards may be addressed through a “reopener” provision, which environmental flow standard should be applied to BRA’s pending application? 4) As a matter of policy, should the Commission consider establishing a “transition rule” for all applications that have been processed through technical review or referred to SOAH for contested case hearing, by which preexisting environmental flow standards might be applied to pending applications, with SB 3 standards subsequently implemented through TWC § 11.147(c-1)’s “reopener” provision? The Commission will also consider the briefs timely-filed by the parties. BRA’s service area includes the following counties: Parmer, Castro, Swisher, Bailey, Lamb, Hale, Floyd, Cochran, Hockley, Archer, Lubbock, Crosby, Baylor, Dickens, King, Knox, Jack, Terry, Lynn, Mitchell, Chambers, Young, Garza, Throckmorton, Kent, Haskell, Stonewall, Parker, Palo Pinto, Dawson, Scurry, Borden, Fisher, Stephens, Jones, Shackelford, Johnson, Hood, Nolan, Erath, Eastland, Taylor, Callahan, Somervell, Hill, Comanche, Bosque, Brown, Freestone, Hamilton, McLennan, Limestone, Mills, Coryell, Leon, Falls, Lampasas, Robertson, Bell, Madison, Milam, Burnet, Brazos, Grimes, Williamson, Burleson, Travis, Lee, Washington, Bastrop, Fayette, Waller, Harris, Austin, Colorado, Fort Bend, Galveston, Matagorda, Wharton, and Brazoria. (Robin Smith)


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5. DISTRICT MATTER

5. Docket No. 2013-1245-DIS.
Consideration of a resolution by the Board of Directors of Riviera Water Control and Improvement District (District), for conversion of the District to a municipal utility district. The District currently provides sewer service to residential and commercial connections within approximately 248 acres in Kleberg County. The District requests that the Commission convert the District pursuant to Texas Water Code, Chapters 49 and 54, and 30 TAC Section 293.15. (Hollis Henley, Craig Barnes)


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6. MISCELLANEOUS MATTERS

6. Docket No. 2013-2059-MIS.
Consideration of the re-nomination and reappointment of five positions on the Tax Relief for Pollution Control Property Advisory Committee and the nomination and appointment of one person to fill the vacant independent technical expert position and one person to fill a vacant industry position. House Bills 3206 and 3544, 81st Legislature, 2009, amended Texas Tax Code (TTC), Section 11.31 to require the Texas Commission on Environmental Quality (TCEQ) to form a permanent advisory committee that will make recommendations to the TCEQ commissioners on matters relating to property tax exemptions for pollution control property. TTC, Section 11.31(n) requires the advisory committee to have representatives from industry, appraisal districts, taxing units, environmental groups, and members who are not representatives of any of the aforementioned entities but have substantial technical expertise in pollution control technology and environmental engineering. House Bill 2280, 82nd Legislature, 2011, amended TTC, Section 11.31(n) to require that at least one member of the advisory committee be a representative of a school district or junior college district in which property is located that is or previously was subject to an exemption under this section. (Chance Goodin, Ron Olson)


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7. Docket No. 2011-0345-MIS.
Consideration of the adoption of the renewal with changes of the Texas Pollutant Discharge Elimination System (TPDES) Municipal Separate Storm Sewer System (MS4) general permit, TXR040000, authorizing the discharge of stormwater and certain non-stormwater discharges from municipal separate storm sewer systems state-wide into surface water in the state. The general permit was published in the August 24, 2012, issue of the Texas Register (37 TexReg 6803). (Hanne Nielsen, Robert Brush) (Rule Project No. 2011-017-OTH-NR)


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8. TMDL MATTER

8. Docket No. 2012-2574-TML.
Consideration for approval of an Implementation Plan for Seventeen Total Maximum Daily Loads for Bacteria corresponding to seventeen assessment units (AUs) in the Greater Trinity River and Tributaries (Segments 0805, 0822A, 0822B, 0841, 0841B, 0841C, 0841E, 0841G, 0841H, 0841J, 0841L, 0841M, 0841R, 0841T, and 0841U) of the Trinity River Basin in Dallas and Tarrant Counties. (Ron Stein, Robert Brush) (Project No. 2013-011-TML-NR)


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Enf. ENFORCEMENT DOCKET

See complete Enforcement Docket items at the following link (#9-44, pages 4-11).




http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2013/131211.pdf

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45. STATE IMPLEMENTATION PLAN MATTERS

45. Docket No. 2013-1682-SIP.
Consideration for publication of, and hearing on, the proposed Emissions Inventory (EI) State Implementation Plan (SIP) Revision for the 2008 Eight-Hour Ozone National Ambient Air Quality Standard (NAAQS) for the Houston-Galveston-Brazoria and Dallas-Fort Worth Areas. The proposed SIP revision would satisfy the Federal Clean Air Act, Section 172(c)(3) and Section 182(a)(1) EI reporting requirements for the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas under the 2008 eight-hour ozone NAAQS. States are required to submit a comprehensive, accurate, current EI from all sources in nonattainment areas within two years of the July 20, 2012 effective date of designations. (Nina Castillo, Terry Salem) (Non-Rule Project No. 2013-016-SIP-NR)


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46. Docket No. 2013-2092-SIP.
Consideration of the withdrawal of the following sections in 30 Texas Administrative Code Chapter 39, Public Notice; Chapter 101, General Air Quality Rules; Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and Chapter 122, Federal Operating Permits Program; from United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan (SIP). Chapter 116, Subchapter L, Sections 116.1400, 116.1402, 116.1404, 116.1406, 116.1408, 116.1410, 116.1414, 116.1416, 116.1418, 116.1420, 116.1422, 116.1424, 116.1426 and 116.1428, adopted by the commission on February 22, 2006 for anticipated FutureGen projects and submitted to EPA on March 9, 2006. Chapter 39, Sections 39.402(a)(10), 39.419(e)(3), and 39.420(h), which are specific public participation requirements for applications for permits for specific designated facilities, adopted by the commission on June 2, 2010 and submitted to EPA on July 2, 2010. These sections to be withdrawn from EPA consideration are those for which no application for the specific designated facility has been received nor is expected to be received. Chapter 101, Section 101.28, regarding stringency determinations for federal operating permits, adopted by the commission on December 1, 1999 and submitted to EPA on December 17, 1999. Chapter 122, Sections 122.215, and 122.218, regarding minor permit revision procedures for the federal operating permits program, adopted May 9, 2001 and submitted to EPA October 4, 2001; Section 122.216, regarding minor permit revision procedures for the federal operating permits program, amended May 9, 2001, and submitted to EPA October 4, 2001; and Section 122.217, regarding minor permit revision procedures for the federal operating permits program, as amended by the commission on November 20, 2002 and submitted to EPA on August 11, 2003. These sections were originally submitted to EPA as a SIP revision in support of the Texas Title V Federal Operating Permit Program at the request of EPA. These five sections to be withdrawn from EPA consideration are those for which there is no requirement for inclusion in the SIP under the requirements of the Federal Clean Air Act. (Michael Wilhoit, Janis Hudson, Terry Salem) (Rule Project No. 2014-009-SIP-NR)


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47. RULE MATTERS

47. Docket No. 2013-1674-RUL.
Consideration for publication of, and hearing on, proposed amendment of Section 305.541 of 30 TAC Chapter 305, Subchapter P, Effluent Guidelines and Standards for Texas Pollutant Discharge Elimination System Permits. The proposed rulemaking would adopt by reference 40 Code of Federal Regulations Part 449, which established technology-based effluent limitation guidelines and new source performance standards to control discharges of pollutants from airport de-icing operations. (Laurie Fleet, Stefanie Skogen) (Rule Project No. 2013-052-305-OW)


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48. Docket No. 2013-2058-RUL.
Consideration for publication of, and hearing on, proposed repealed Sections 114.640, 114.642, 114.644, 114.646, 114.648 and simultaneously proposed new Sections 114.640, 114.642, 114.644, 114.646, 114.648 of 30 Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter K, Mobile Sources Incentive Programs, Division 4, Texas Clean School Bus Program; and corresponding revisions to the state implementation plan. The proposed rulemaking would repeal and re-propose 30 TAC Chapter 114, Subchapter K, Division 4, to extend the expiration date to August 31, 2019, for the Texas Clean School Bus Program rules to be consistent with statutory changes by House Bill 1796, 81st Legislature, 2009, Regular Session. (Joe Briseño, Terry Salem) (Rule Project No. 2014-008-114-AD)


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Pub. PUBLIC COMMENT SESSION

49. 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.

None


Exec. EXECUTIVE MEETING

No Closed Session




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