TCEQ Commissioners' Agenda Meeting - March 30, 2010
1. REGULAR AGENDA
PROPOSAL FOR DECISION
Item 1. TCEQ Docket No. 2007-1885-PST-E; SOAH Docket No. 582-09-2308. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing administrative penalties and requiring certain actions of Juluis L. Brooks in Midland County, Texas; PST Registration No. 48211; TCEQ ID No. RN101877173; regarding 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 timely filed exceptions and replies. (Stephanie Frazee)
[view discussion of item 1] 4 minutes 38 seconds
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2. HEARING REQUEST/REQUEST FOR RECONSIDERATION
Item 2. Docket No. 2009-1832-DIS. Consideration of a petition from Cactus Canyon Quarries, Inc., Sandra L. Carl, Richard Hoepfner, and Kathy McDonald (Petitioners), for the creation of Backbone Creek MUD No. 1 in Burnet County, Texas, pursuant to Texas Water Code Chapters 49 and 54. The proposed District would contain approximately 103 acres of land in Burnet County, approximately five miles north of the City of Marble Falls, and wholly located within Burnet County. None of the land to be included in the proposed District is within the corporate boundaries or extraterritorial jurisdiction of any city, town, or village in Texas. The Commission will also consider hearing requests and related responses and replies. (James Aldredge, Ruben Soto)
[view discussion of item 2] 3 minutes 58 seconds
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3. GENERAL PERMIT
Item 3. Docket No. 2010-0120-IWD. Consideration of issuance of a renewed and amended General Permit No. TXG670000, which authorizes on a state wide basis, the discharge of hydrostatic test water into or adjacent to water in the state subject to specific effluent limitations, monitoring requirements and other conditions set forth in this general permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ), the laws of the State of Texas, and other orders of the Commission of the TCEQ. This permit specifies which facilities may be covered under this general permit. (Yvonna Miramontes, Robert Brush)
[view discussion of item 3] 2 minutes 6 seconds
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4. MISCELLANEOUS MATTER
Item 4. Docket No 2010-0047-MIS. Consideration of the adoption of revisions to Texas Emissions Reduction Plan: Guidelines for Emissions Reduction Incentive Grants (RG-388) ("Guidelines") in accordance with Texas Health and Safety Code, Chapter 386. The revisions to the Guidelines implement changes to the Texas Emissions Reduction Plan (TERP) as authorized in House Bill 1796, 81st Texas Legislature, 2009. The Executive Director also proposes additional revisions to the Guidelines. Copies of the draft revised Guidelines were made available for public comment in accordance with the provisions of Texas Health and Safety Code, Section 386.053. The Commission received comments on the proposed revisions to the Guidelines. Those comments have been considered and responded to in the Executive Director’s Response to Comments. (Steve Dayton, Ben Rhem)
[view discussion of item 4] 46 minutes 18 seconds
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5. STANDARD PERMITS
Item 5. Docket No. 2010-0185-AIR. Consideration of the issuance of a new air quality standard permit under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit would authorize Grain Elevators/Grain Handling Operations and Portable Grain Augers. Notice of the proposed standard permit was published in the November 6, 2009, issue of the Texas Register. (Michael Wilhoit, Douglas Brown)
Items #5-#11 taken up together
[view discussion of item 5] 3 minutes 55 seconds
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6. Item 6. Docket No. 2010-0186-AIR. Consideration of the issuance of a new air quality standard permit under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit would authorize Dry Bulk Fertilizer Handling Operations. Notice of the proposed standard permit was published in the November 6, 2009, issue of the Texas Register. (Michael Wilhoit, Douglas Brown)Items #5-#11 taken up together
[view discussion of item 6] 3 minutes 55 seconds
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7. Item 7. Docket No. 2010-0187-AIR. Consideration of the issuance of a new air quality standard permit under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit would authorize Peanut Handling Operations. Notice of the proposed standard permit was published in the November 6, 2009, issue of the Texas Register. (Michael Wilhoit, Douglas Brown)Items #5-#11 taken up together
[view discussion of item 7] 3 minutes 55 seconds
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8. Item 8. Docket No. 2010-0188-AIR. Consideration of the issuance of a new air quality standard permit under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit would authorize Temporary and Permanent Polyphosphate Blenders. Notice of the proposed standard permit was published in the November 6, 2009, issue of the Texas Register. (Michael Wilhoit, Christine Angeletti)Items #5-#11 taken up together
[view discussion of item 8] 3 minutes 55 seconds
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9. Item 9. Docket No. 2010-0189-AIR. Consideration of the issuance of a new air quality standard permit under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit would
authorize Feedmills, Portable Augers, and Hay Grinders. Notice of the proposed standard permit was published in the November 6, 2009, issue of the Texas Register. (Michael Wilhoit, Douglas Brown)Items #5-#11 taken up together
[view discussion of item 9] 3 minutes 55 seconds
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10. Item 10. Docket No. 2010-0190-AIR. Consideration of the issuance of a new air quality standard permit under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit would authorize Cotton Gin Facilities and Cotton Burr Tub Grinders. Notice of the proposed standard permit was published in the November 6, 2009, issue of the Texas Register. (Michael Wilhoit, Christine Angeletti)Items #5-#11 taken up together
[view discussion of item 10] 3 minutes 55 seconds
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11. Item 11. Docket No. 2010-0191-AIR. Consideration of the issuance of a new air quality standard permit under 30 TAC Chapter 116, Subchapter F, Standard Permits. The new standard permit would authorize Anhydrous Ammonia Storage and Distribution Operations. Notice of the proposed standard permit was published in the November 6, 2009, issue of the Texas Register. (Michael Wilhoit, Christine Angeletti)Items #5-#11 taken up together
[view discussion of item 11] 3 minutes 55 seconds
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12. ENFORCEMENT DOCKET
See complete agenda for Agreed Orders, Citations, and Default Orders here. (#12-82, pages 3-13)
Remand of Item #17; discussion of Items #58, 33, 48, 21, 17, and 69
[view discussion of item 12] 12 minutes 48 seconds
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13. RULE MATTERS
Item 83. Docket No. 2008-1661-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 Texas Admin. Code (TAC) Chapter 328, Waste Minimization and Recycling, Subchapter F, Management of Used or Scrap Tires, Sections 328.52, 328.55, 328.60, 328.63, 328.66, 328.69, 328.70 and 328.71; and repeal of Sections 328.67 and 328.68. The proposed rulemaking would require applicants to provide additional information and to request input from local government authorities as a part of an application for a land reclamation project using tires (LRPUT) or for a scrap tire facility. Groundwater districts would be added to the list of entities to be notified of LRPUT applications. Applicants would be required to provide proof of notice to local government officials and the executive director would be prohibited from authorizing a facility if a local government provides timely notice that a proposed facility does not comply with local requirements. Other proposed changes include: requiring a demonstration of the seasonal high groundwater level in the area, and authorizing the executive director to request additional information about groundwater levels at the site, prior to approval of a LRPUT; authorizing the executive director to request additional information or withhold authorization for a LRPUT based on protecting public health and the environment; specifying that LRPUTs are subject to annulment, suspension, revocation, denial and motions to overturn; updating the rule to refer to the Texas Commission on Environmental Quality rather than the Texas Natural Resource Conservation Commission; allowing submittal of electronic application documents; clarifying the requirement to split, quarter or shred off-the-road tires before disposal; and administrative changes including updating references to the Texas Commission on Environmental Quality rather than the Texas Natural Resource Conservation Commission, allowing submittal of electronic application documents, updating address information, and updating references to the Chapter 50 rules. This proposed rulemaking would also repeal outdated portions of the rules. (Brooke Jackson, Steve Shepherd) (Rule Project No. 2008-034-328-CE)
[view discussion of item 13] 18 minutes 3 seconds
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14. Item 84. Docket No. 2009-1199-RUL. Consideration for publication of, and hearing on, amended Sections 331.2, 331.17 and 331.18; and new Sections 331.241 and 331.243 of 30 TAC Chapter 331, Underground Injection Control. The proposed rulemaking would implement certain requirements of Senate Bill (SB) 1387, 81st Legislature, 2009, relating to the implementation of projects involving the capture, injection, sequestration, or geologic storage of carbon dioxide. Specifically, the proposed rulemaking implements new Texas Water Code (TWC), Section 27.046, "Letter from Executive Director," and incorporates into Chapter 331 new definitions added to TWC, Section 27.002. In addition to implementing SB 1387, Sections 331.17(d)(3) and 331.18(b)(6) are being revised to specify updated citations of technical requirements for pre-injection units consistent with the Commission's repeal of Chapter 317 and replacement with
Chapter 217 effective August 30, 2008. (Kathryn Flegal, Don Redmond and Diane Goss) (Rule Project No. 2009-044-331-PR)
Items #84 and #85 taken up together
[view discussion of item 14] 5 minutes 4 seconds
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15. Item 85. Docket No. 2009-1775-RUL. Consideration for publication of proposed amendment to Section 7.117 of 30 TAC Chapter 7, Memoranda of Understanding. The proposed rulemaking would bring the memoranda of understanding (MOU) between the Railroad Commission of Texas (RRC) and the TCEQ into a current status including the provision of Senate Bill (SB) 1387, 81st Legislature, 2009, Regular Session, requiring an MOU between the TCEQ and RRC to identify the different jurisdictions each agency has for carbon dioxide sequestration. The MOU was last updated in May, 1998, and since that time, statutory changes and several agency reorganizations have occurred requiring the MOU to be revised. The proposed rules will clearly identify the division of jurisdiction between the two agencies over waste materials associated with the exploration for and the development, production, and refining of oil and gas. Additionally, the rulemaking will identify the jurisdiction of new waste generating activities, such as recycling and sewage. The proposed rulemaking will occur in both the TCEQ rules as well as the RRC rules; however, the specific MOU provisions are currently in 16 TAC Chapter 3, Oil and Gas Division, while Chapter 7 incorporates by reference the rules in 16 TAC Chapter 3. The RRC will be conducting a concurrent rulemaking with the TCEQ for proposal and adoption and holding a public hearing on this matter. (Kathryn Flegal, Diane Goss) (Rule Project No. 2009-055-007-PR)Items #84 and #85 taken up together
[view discussion of item 15] 5 minutes 4 seconds
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16. Item 86. Docket No. 2009-0989-RUL. Consideration of the adoption of new Section 290.267, amendments to Sections 290.251 - 290.254, 290.256, and 290.260, and the repeal of Section 290.255 of 30 TAC Chapter 290, Public Drinking Water; and the amendment to Section 291.127 of 30 TAC Chapter 291, Utility Regulations. The adoption would implement House Bill (HB) 2667, 81st Legislature, 2009, Regular Session, concerning plumbing fixtures. The adoption clarifies and sets out the national standards of the American Society of Mechanical Engineers and American National Standards Institute by which plumbing fixtures will be produced and tested. HB 2667 establishes a phase-in of high efficiency plumbing fixtures brought into Texas, which will allow manufacturers time to change their production, at the same time allowing retailers the opportunity to turn over their inventory. HB 2667 creates an exemption for those manufacturers that volunteer to register their products with the United States Environmental Protection Agency's WaterSense Program. HB 2667 repeals the TCEQ's certification process for plumbing fixtures since the plumbing fixtures must meet national certification and testing procedures. The proposed rules were published in the October 23, 2009 issue of the Texas Register (34 TexReg 7299). (Scott Swanson, Robin Smith) (Rule Project No. 2009-038-290-OW)
[view discussion of item 16] 2 minutes 9 seconds
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17. Item 87. Docket No. 2009-1898-RUL. Consideration for publication of, and hearing on, proposed new Section 116.17 and amendments to Sections 116.10, 116.111, 116.116, 116.117 and 116.118 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and an amendment to Section 330.983 of 30 TAC Chapter 330, Municipal Solid Waste; and corresponding revisions to the state implementation plan (SIP). The proposed revisions to the SIP also include a supplementary document submitted as a demonstration under Federal Clean Air Act, 42 United States Code, Section 7410(l). 30 TAC Sections 116.10(5)(F), 116.111(a)(2)(K), 116.116(b)(3), and 116.117(a)(4)(B) are not proposed as revisions to the SIP. The proposed rulemaking would address deficiencies in the definition of best available control technology and deficiencies in the qualified facility air permitting program as identified by the United States Environmental Protection Agency in the September 23, 2009 issue of the Federal
Register (74 Federal Register 48450). (Beecher Cameron, Amy Browning) (Rule Project No. 2010-006-116-PR)
[view discussion of item 17] 3 minutes 0 seconds
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18. Item 88. 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.
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19. EXECUTIVE MEETING
See complete Executive Meeting agenda here. (#89-91, page 15)
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