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TCEQ Commissioners' Agenda Meeting - February 13, 2008

1.

MORNING AGENDA - 9:30 A.M. CST

OLD BUSINESS AGENDA

Item continued from the January 30, 2008 agenda.
Item 1. TCEQ Docket No. 2007-0599-MSW. Consideration of the Motion to Overturn filed by the Texas Campaign for the Environment and Community Inpower and Development Association, concerning the Executive Director's November 28, 2007, temporary authorization for acceptance of Newpark Waste as alternate daily cover by the City of Port Arthur Landfill, MSW Permit No. 1815A, in Jefferson County, Texas. The Commission will also consider timely responses and replies to the Motion to Overturn. (Steve Shepherd)

[view discussion of item 1] 45 minutes 25 seconds

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2.

REGULAR AGENDA

HEARING REQUEST(S)/REQUEST(S) FOR RECONSIDERATION

Item 1. Docket No. 2007-1522-IWD. Consideration of the application by Tri-B Industrial Partners, L.P. (Owner) and Timely Integrated, Inc. (Operator) for a new water quality permit, Proposed Permit No. WQ0004800000 to authorize the disposal of truck wash water at a daily average flow not to exceed 270 gallons per day via evaporation. The facility site and evaporation pond are located at 13006 Gateway East, adjacent to Interstate Highway 10, approximately 2.3 miles southeast of the City of Soccorro, and approximately 2.5 miles northeast of the City of Clint, El Paso 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. (Timothy Reidy, Melinda Luxemburg)

[view discussion of item 2] 6 minutes 23 seconds

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3. Item 2. Docket No. 2007-1765-MWD. Consideration of the application by TCB Rental, Inc. for a new wastewater permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014725001, to authorize the discharge of treated domestic wastewater with a daily average flow not to exceed 25,000 gallons per day. The wastewater treatment facility will be located on the west side of Farm-to-Market Road 50, approximately 1.5 miles south of the intersection of Farm-to-Market Road 50 and Farm-to-Market Road 1361 in Burleson 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. (Chris Ekoh, Kent H. Trede)

[view discussion of item 3] 12 minutes 2 seconds

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4. AGREED ORDERS, CITATIONS, DEFAULT ORDERS

See complete agenda for Agreed Orders, Citations, and Default Orders here. (#3-72, pages 2-12)

Public comment on #28; Discussion of #28, 59, 62, and 66

[view discussion of item 4] 12 minutes 51 seconds

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5. GENERAL PERMIT

Item 73. Docket No. 2007-1588-WQ. Consideration of renewal with changes of General Permit No. TXR150000, which authorizes on a state-wide basis, the discharge of storm water runoff associated with small and large construction sites and certain non-storm water discharges into surface water in the state. The proposed general permit specifies which sites may be authorized under this general permit, which may obtain waivers, which may be eligible for coverage without submitting a notice of intent, and which must obtain individual permit coverage. The Commission will also consider public comment and the Executive Director's response to comments. (Cynthia Hooper, Robert Brush)

[view discussion of item 5] 4 minutes 16 seconds

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6. Item 74. Docket No. 2007-1738-UIC. Consideration of a request for a Commission order approving the designation of a portion of the Woodbine Formation in Navarro County as an exempt aquifer pursuant to 30 Tex. Admin. Code § 331.13(c); and directing the Executive Director of the Texas Commission on Environmental Quality to submit a program revision to the United States Environmental Protection Agency, pursuant to 40 C.F.R. §§ 144.7, 146.4, and 145.32, to reflect this aquifer exemption designation for the Underground Injection Control Program for the State of Texas. Currently, Corsicana Technologies, Inc. (CTI) has a Class I injection well permitted under TCEQ Permit No. WDW394, drilled in 2005, for injection of non-hazardous ammonia waste waters containing salts, polysulfides, amines, and alcohols. The injection well is located at CTI’s facility on the south side of Texas Highway 31 East, and approximately 4,000 feet east of Interstate 45 within the city of Corsicana in Navarro County. CTI cannot start disposal operations of the well without an aquifer exemption. (Fred Duffy, Don Redmond)

[view discussion of item 6] 16 minutes 25 seconds

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7. RULE MATTERS

Item 75. Docket No. 2007-0996-RUL. Consideration for publication of, and hearing on, proposed amendments to Sections 293.11, 293.32, 293.41, 293.63, 293.201, and 293.202 of 30 TAC Chapter 293, Water Districts. The proposed rulemaking would implement House Bill (HB) 576, HB 1127, HB 1886, HB 2984, HB 3378, HB 3770, and Senate Bill 657, 80th Legislature, 2007, relating to water districts. The proposed rulemaking would require that a district must accept a bid bond if a contract is over $250,000; allow certain districts within Montgomery County to issue bonds supported by taxes to fund recreational facilities; allow a defined local governmental entity limited use of a design-build process to construct certain civil works projects; revise the qualifications to be a supervisor on a board of a Fresh Water Supply District (FWSD); allow a city with a certain population, when consenting to the creation of a district, to require that a district's water system meets the fire flow requirements adopted by the city; allow a petitioner seeking creation of a Municipal Utility District (MUD) to also request road powers at the time of creation; delete the requirement that a MUD have taxing authority before acquiring road powers; delete the requirement that a MUD have preliminary plan approval of proposed roads by the Texas Transportation Commission when obtaining road powers; define the types of roads that a MUD can finance and convey to a third party for operation and maintenance; increase the thresholds for bidding on district projects; and, allow the board of a special law district to elect to contract in accordance with Texas Water Code Section 49.273, even if it conflicts with provisions in the district's special law. (Randy Nelson, Shana Horton) (Rule Project No. 2007-047-293-PR)

[view discussion of item 7] 1 minutes 47 seconds

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8. Item 76. Docket No. 2007-0995-RUL. Consideration for publication of, and hearing on, proposed amendments to Sections 230.1 - 230.3 and 230.9 of 30 TAC Chapter 230, Groundwater Availability Certification for Platting. The proposed rulemaking would implement Senate Bill (SB) 662, 80th Legislature, 2007. SB 662 requires the commission, in consultation with the Texas Water Development Board (TWDB), by rule, to require a plat applicant for the subdivision of a tract of land for which the intended water source is groundwater to provide the TWDB and any applicable groundwater conservation district (GCD) additional information required under Local Government Code, Sections 212.0101 or 232.0032, useful in performing GCD activities, conducting regional water planning, maintaining the TWDB's groundwater database, or conducting state studies on groundwater. In addition to the SB 662 changes, the proposed rulemaking would update citations to the Local Government Code and reference to the authority for laboratory accreditation and certification, arrange the definitions in alphabetical order, update the reference on state aquifers to reflect the most recent State Water Plan, and add definitions for "applicable groundwater conservation district or districts" and "executive administrator." (Kelly Mills, Ilkay Pinar Dogru) (Rule Project No. 2007-045-230-PR)

[view discussion of item 8] 3 minutes 33 seconds

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9. Item 77. Docket No. 2007-1030-RUL. Consideration for publication of, and hearing on, proposed amendment to 30 TAC Chapter 19, Electronic Reporting, new Subchapter C, Use of Electronic Reporting, Section 19.21, Fees. The proposed rulemaking would implement HB 1254, 80th Legislature, 2007, Regular Session, by stating that the commission may adjust fees as necessary to encourage electronic reporting and the use of the commission's electronic document receiving system. The proposed section would serve as an advance notice that the commission may consider fee changes in the future for this purpose. (Ellette H. Vinyard, Scott Shoemaker) (Rule Project No. 2007-050-019-PR)

[view discussion of item 9] 1 minutes 52 seconds

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10. Item 78. Docket No. 2007-1058-RUL. Consideration for publication of, and hearing on, the proposed repeal of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter L, On-Road Engines, Division 1, Heavy-Duty Diesel Engines, Sections 114.700 - 114.702, 114.706, 114.707, and 117.709, and corresponding revisions to the state implementation plan. The proposed rulemaking would repeal the state regulations that require all new heavy-duty diesel engines (HDDE) produced for sale or other use in Texas for the 2005 and newer model years to be certified to meet the California emission control standards specified under California Code of Regulations, Title 13, Section 1956.8 that was revised by the California Air Resources Board (CARB) on December 8, 2000, and effective on July 25, 2001. (Morris Brown, John Minter) (Rule Project No. 2007-056-114-EN)

[view discussion of item 10] 2 minutes 34 seconds

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11. EXECUTIVE MEETING

See complete Executive Meeting agenda here. (#79-81, page 13-14)

None

12.

AFTERNOON AGENDA - 1:00 P.M. CST

REGULAR AGENDA

Item 1. TCEQ Docket No. 2004-0049-AIR; SOAH Docket No. 582-05-0593; Consideration of the Application by ASARCO Incorporated (ASARCO) for renewal of Air Quality Permit No. 20345 to authorize its continued operation and all related filings, including the Executive Director's Report to the Commission on the Renewal of Asarco Incorporated's Air Quality Permit No. 20345 prepared pursuant to the Commission's Interim Order of March 10, 2006, public comments, and the Executive Director’s Responses to Comments. The copper smelting plant is located at 2301 West Paisano Road, El Paso, El Paso County, Texas.

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[view discussion of item 12] 1 hours 57 minutes 38 seconds

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