|
HEARING REQUESTS |
|
| Item 1. |
Docket No. 2002-1047-AIR. Consideration of application by Southeast Texas
Industries Inc. for New Air Quality Permit 43837 to authorize the continued
operation of its abrasive blasting and painting facility. The site is located at 325
Nevils Road, Bridge City, Orange 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. (Lindsey Capps, John
Minter) |
|
| Grant all individual hearing requests and the associational request of Residents against Proposed
Permit No. 43838; refer first to Dispute Resolution Office for 6 to 8 weeks, if mediation fails forward
to State Office of Administrative Hearings on the following issue: Will air emissions from the
proposed facility adversely impact the health of the requesters or members of their families residing
with them or their use and enjoyment of their property?; and limit the duration of the hearing to 6
months, RH/RM. All Agree |
| |
| Item 2. |
Docket No. 2002-1096-IHW. Consideration of application by NSSI/Recovery
Systems, Inc. for renewal and major amendment of Permit No. HW-50269-001 for
continued operation of 20 existing tanks and 7 existing container storage areas used
for the storage and processing of hazardous and mixed waste and Class 1, Class 2 and
Class 3 non-hazardous industrial solid waste. NSSI has also requested a major
amendment to authorize: an additional tank for waste management activities; an
increase in storage capacity; and thermal treatment in portable equipment. The facility
is located at 5711 Etheridge Street in Houston, Harris County, Texas. The
Commission will also consider requests for hearing or reconsideration, related
responses and replies, public comment and the Executive Director's Responses to
Comments. (Mary Talley/Susan Jere White) |
|
| Grant hearing request and forward to Dispute Resolution Office for 4 to 6 weeks, if mediation fails
forward to State Office of Administrative Hearings on the issues of (1) Whether there is adequate
protection from the danger of accident at the NSSI hazardous and mixed waste treatment and storage
facility; (2) Whether there are adequate measures in place to prevent human exposure to wastes
regulated under proposed hazardous waste permit at the NSSI facility; and (3) Whether NSSI's past
and current compliance with statutory and regulatory requirements demonstrate that it will be able to
comply with the rules and regulations meant to prevent unsafe or dangerous circumstances, and
specified the duration of the hearing to be 6 months, RH/RM. All Agree |
| |
| |
AIR QUALITY ENFORCEMENT DEFAULT ORDER |
|
| Item 3. |
Docket No. 2000-1327-AIR-E. Consideration of a Default Order assessing
administrative penalties against and requiring certain actions of Charles D. Crozier
dba C.C.'s Cars in Denton County; TCEQ Air Account No. DF-0639-P; for air
quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health &
Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Commission on
Environmental Quality. (Elisa Roberts) |
|
| Issue default order, RM/RH. All Agree |
| |
|
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 4. |
Docket No. 2002-0096-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Alliance Riggers and Constructors, Ltd. in El Paso
County; Air Account No. EE-2011-B; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (Suzanne Walrath, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 5. |
Docket No. 2002-0134-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Atlas Roofing Corporation in Angelina County;
TCEQ Air Account No. AC-0055-Q; for air quality violations pursuant to Tex. Health
& Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (Laura Clark, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 6. |
Docket No. 2002-0037-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of APAC-Texas, Inc. in Fannin
County; Air Account No. 92-1511-R; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the
Texas Commission on Environmental Quality. (Wendy Cooper, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 7. |
Docket No. 2001-1334-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Brazos Electric Power Cooperative, Incorporated
in Parker and Palo Pinto Counties; Air Account Nos. PC-0005-T and PA-0003-W;
for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Commission on Environmental Quality.
(Cheryl Thompson, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 8. |
Docket No. 2001-0857-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duke Energy Field Services,
L.P. in Jefferson County; TCEQ Air Account No. JE-0203-B; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Commission on Environmental Quality. (Susan Kelly, Tom
Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 9. |
Docket No. 2001-1240-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against North Texas Trench Burn, Incorporated in Dallas
and Tarrant Counties; Air Account No. 92-2395-L; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Commission on Environmental Quality. (Jorge Ibarra, P.E., Tom
Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 10. |
Docket No. 2002-0371-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Republic Industries, Inc. in Harrison County; Air
Account No. HH-0046-E; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch.7, and the rules of the Texas Commission on
Environmental Quality. (Carolyn V. Lind, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 11. |
Docket No. 2002-0171-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against TEMA Oil & Gas Company in Liberty and
Galveston Counties; Air Account Nos. LH -0259-W and GB-0540-F; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Commission on Environmental Quality. (Tel Croston, Tom
Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 12. |
Docket No. 2002-0144-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Tosco Corporation in El Paso County; Air Account
No. EE-1026-S; for air quality violations pursuant to Tex. Health & Safety Code ch.
382, Tex. Water Code ch. 7, and the rules of the Texas Commission on Environmental
Quality. (Todd Huddleson, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 13. |
Docket No. 2002-0089-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Roy Sovoy Kay dba S & S Fuels Company in El
Paso County; Air Account No. EE-0888-J; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (Sheila Smith, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 14. |
Docket No. 2001-1476-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ONEOK Texas Field
Services, L.P. in Carson County; Air Account No. CF-0017-D; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Commission on Environmental Quality. (Ronnie Kramer, Tom
Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 15. |
Docket No. 2001-1463-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Marshall Pottery, Inc. in
Harrison County; Air Account No. HH-0027-I; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of
the Texas Commission on Environmental Quality. (Carolyn V. Lind, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 16. |
Docket No. 2002-0045-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Clarendon in
Donley County; Air Account No. DJ-0016-S; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Commission on Environmental Quality. (Sheila Smith, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 17. |
Docket No. 2001-1167-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Zapata County in Zapata
County; Public Water Supply ID No. 2530002 and Certificate of Convenience and
Necessity No. 12877; for water quality and drinking water quality violations pursuant
to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7, 13, and 26, and the
rules of the Texas Commission on Environmental Quality. (Sandra Hernandez Alanis,
Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
|
| Item 18. |
Docket No. 2001-0592-PST-E. Consideration of a Default Order assessing
administrative penalties against and requiring certain actions of Nooruddin Sohani
dba Get-N-Go in Tarrant County; TCEQ PST ID No. 0050079; for petroleum
storage tank violations pursuant to ch. 7 of the Tex. Water Code, ch. 382 of the Tex.
Health & Safety Code, and the rules of the Texas Commission on Environmental
Quality. (Elisa Roberts) |
|
| Remanded to Executive Director |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
| |
| Item 19. |
Docket No. 2000-1355-PST-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of Steve Nadf dba
Discount Mini Mart in Tarrant County; TCEQ PST ID No. 0026337; for petroleum
storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of
the Tex. Health & Safety Code, and the rules of the Texas Commission on
Environmental Quality. (Elisa Roberts) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 20. |
Docket No. 2001-1503-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Arsh Enterprises Inc. dba
Gastar II Store 077 in Tarrant County; Petroleum Storage Tank Facility ID No.
0047950; for petroleum storage tank violations pursuant to Tex. Health & Safety Code
ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Commission on
Environmental Quality. (Judy Fox, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 21. |
Docket No. 2001-1007-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of TRT Development
Company in Nueces County; Petroleum Storage Tank Facility ID No. 46264; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Commission on Environmental Quality. (Audra Baumgartner, Tom
Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 22. |
Docket No. 2002-0094-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Red Star Truck Terminal,
Inc. in Taylor County; Petroleum Storage Tank Facility ID No. 66657; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Todd Huddleson, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 23. |
Docket No. 2002-0042-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Pacific Fuel Distributors,
L.L.C. dba Martinez Mini Mart in Tarrant County; Petroleum Storage Tank
Facility No. 0065615; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Judy Fox, Tom Griemel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 24. |
Docket No. 2002-0241-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Nolan Oil Company, Inc. in Orange County; TCEQ
ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Commission on Environmental Quality. (Susan
Kelly, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 25. |
Docket No. 2002-0278-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Lucky Lady Oil Company in Tarrant County;
TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Gary Shipp, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 26. |
Docket No. 2002-0190-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Kingwood Fuels Transport, Inc. in Galveston and
Brazoria Counties; TCEQ ID No. None; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Trina Grieco, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 27. |
Docket No. 2002-0125-PST-E. Consideration of an Agreed Order assessing
administrative penalties against John Paul Jones Oil Co., Inc. in Gonzales County;
TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Subhash Jain, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 28. |
Docket No. 2001-1576-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of E-Z Shop Cupples, Inc. in
Bexar County; Petroleum Storage Tank Facility ID No. 0031959; Owner ID No.
56612 ; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (J. Craig
Fleming, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 29. |
Docket No. 2002-0314-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Derrick Oil & Supply Co., Inc. in Jefferson
County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Susan Kelly, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 30. |
Docket No. 2002-0043-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ayres Oil Inc. in Denton County; TCEQ ID No.
None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Commission on Environmental Quality. (Judy Fox, Tom
Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 31. |
Docket No. 2002-0018-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Western Marketing, Inc. in Mitchell County;
TCEQ ID No.: None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Carolyn Easley, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 32. |
Docket No. 2002-0006-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Donna Lowrance dba D &
D Grocery & Grill in Mitchell County; Petroleum Storage Tank Facility ID No.
0031058; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Carolyn
Easley, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 33. |
Docket No. 2002-0264-PST-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Gonzales in Gonzales County; Petroleum
Storage Tank Facility ID No. 10183; for petroleum storage tank violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Audra Baumgartner, Tom Greimel) |
| |
| Issue agreed order, RM/RH. All Agree |
|
| Item 34. |
Docket No. 2002-0131-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Coastal Bend Blood Center in Nueces County;
Petroleum Storage Tank Facility ID No. 71594; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Edward R. Moderow, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 35. |
Docket No. 2002-0390-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Collins Wise Oil Company, L.L.C. in Johnson
County; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Kimberly McGuire, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 36. |
Docket No. 2002-0276-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Cinco J., Inc. dba Johnson Oil Company in
Gonzales County; TCEQ ID No. None; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on
Environmental Quality. (Subhash Jain, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 37. |
Docket No. 2002-0289-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Chevron U.S.A. Inc. in Harris County; Petroleum
Storage Tank Facility ID No. 0029227; for petroleum storage tank violations pursuant
to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the
Texas Commission on Environmental Quality. (Rebecca Johnson, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 38. |
Docket No. 2001-0212-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Mohammad H.
Abdullah and Mr. Santos Duarte dba Car Care Garage in Harris County; PST
Facility ID No. 0028060; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality.
(Trina Grieco, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 39. |
Docket No. 2001-1111-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cameron County in
Cameron County; Petroleum Storage Tank Facility ID Nos. 11198, 11199, 11196,
and 11197; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Commission on Environmental Quality. (Jaime
Garza, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 40. |
Docket No. 2002-0316-PST-E. Consideration of an Agreed Order assessing
administrative penalties against C. P. Transport, Inc. in Houston and Jefferson
Counties; TCEQ ID No. None; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental
Quality. (Susan Kelly, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 41. |
Docket No. 2002-0211-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Dennis Ashley dba Ashley Plumbing Company in
Bexar County; Petroleum Storage Tank Facility ID No. 0034592; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Commission on Environmental Quality. (Thomas E. Jecha, Tom Greimel) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
|
| Item 42. |
Docket No. 2001-1042-PWS-E. Consideration of a Default Order assessing
administrative penalties against and requiring certain actions of Joycie Longmiles
dba Yellow Rose Tavern in Brazoria County; PWS No. 0200579; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Commission on Environmental Quality. (Shannon Strong) |
|
| Remanded to Executive Director |
| |
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 43. |
Docket No. 2002-0210-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Cranfills Gap in
Bosque County; Public Water Supply ID No. 0180013; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Commission on Environmental Quality. (James A. Jackson, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 44. |
Docket No. 2002-0295-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cedar Ridge Park, Inc. in
Somervell County; Public Water Supply Facility ID No. 2130026; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Commission on Environmental Quality. (Alayne Furgurson, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 45. |
Docket No. 2002-0294-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Corbet Water Supply Corporation in Navarro
County; Public Water Supply ID No. 1750013; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission
on Environmental Quality. (Alayne Furgurson, Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 46. |
Docket No. 2001-1491-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bar V K Air Ranch Estates
Association, Incorporated in Denton County; Public Water Supply ID No.
0610116; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Commission on Environmental Quality. (Jorge
Ibarra, P.E., Tom Greimel) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
MISCELLANEOUS AGENDA ITEM |
|
| Item 47. |
Docket No. 2002-0847-MIS. Consideration of a resolution to appoint 24 persons to
the Galveston Bay Council (GBC). The Galveston Bay Council, as appointed by
the Commissioners, is a 41-member advisory body to the Commission and the
Galveston Bay Estuary Program (GBEP). The positions are being filled due to
vacancies or expiration of terms. (Helen Drummond, Susi Ferguson) |
|
| Approve Resolution, RH/KW. All Agree |
| |
| |
RULE MATTERS |
|
| Item 48. |
Docket No. 2002-0554-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 17, Tax Relief for Property Used for Environmental
Protection. This review is in accordance with Texas Government Code, Section
2001.039, which requires state agencies to review and consider for readoption each of
their rules every four years. The proposal was published in the May 24, 2002 issue of
the Texas Register (27 TexReg 4594). (Ron Hatlett, Jason Haas, Debi Dyer) (Rule
Log No. 2002-009-017-AD) |
|
| Approve adoption of rules review and readoption of 30 TAC Chapter 17, RH/RM. All Agree |
| |
| Item 49. |
Docket No. 2002-1030-RUL. Consideration for publication of proposed amended
sections of 30 TAC Chapter 37, Financial Assurance, Subchapter A, General
Financial Assurance Requirements; Subchapter B, Financial Assurance Requirements
for Closure; Subchapter C, Financial Assurance Mechanisms for Closure, Post
Closure, and Corrective Action; Subchapter D, Wording of the Mechanisms for
Closure, Post Closure, and Corrective Action; Subchapter F, Financial Assurance
Mechanisms for Liability; Subchapter G, Wording of the Mechanisms for Liability;
Subchapter I, Financial Assurance for Petroleum Underground Storage Tank Systems;
Subchapter K, Financial Assurance Requirements for Class A or B
Petroleum-Substance Contaminated Soil Storage, Treatment, and Reuse Facilities;
Subchapter L, Financial Assurance for Used Oil Recycling; Subchapter M, Financial
Assurance Requirements for Scrap Tire Sites; Subchapter O, Financial Assurance for
Public Drinking Water Systems and Utilities; Subchapter Q, Financial Assurance for
Underground Injection Control Wells; Subchapter R, Financial Assurance for
Municipal Solid Waste Facilities; and Subchapter U, Financial Assurance for Medical
Waste Transporters. |
|
|
The proposed amendments to Chapter 37 were determined to be necessary by agency
staff during the quadrennial review of this chapter (Rule Log Number
2002-016-037-AD). The revisions correct typographical errors, clarify current
requirements, change the commission's name, and incorporate exemptions for Class A
or B petroleum-substance contaminated soil storage, treatment, and reuse facilities,
scrap tire sites, and used oil recycling facilities. (John Racanelli, Jason Haas, Debi
Dyer) (Rule Log No. 2002-055-037-AD) |
|
| See Item 58 |
| |
| Item 50. |
Docket No. 2000-0735-RUL. Consideration for publication of the following
proposed amended sections of 30 TAC Chapter 335, Industrial Solid Waste and
Municipal Hazardous Waste. |
|
|
Section 335.471 Definitions |
|
Section 335.472 Pollutants and Contaminants |
|
Section 335.473 Applicability |
|
Section 335.474 Source Reduction and Waste Minimization Plans |
|
Section 335.475 Implementation Dates |
|
Section 335.476 Reports and Recordkeeping |
|
Section 335.477 Exemptions |
|
Section 335.478 Administrative Completeness |
|
Section 335.479 Enforcement |
|
Section 335.480 Confidentiality |
|
|
These amended sections would improve the readability of the rules; make the rules
more current; and simplify the rules to make facility compliance, program
administration, and pollution prevention more attainable. (Michael Bame, Bob Brush,
Grace Hsieh) (Rule Log No. 2000-022-335-WS) |
|
| Approve publication of proposed amended sections of 30 TAC Chapter 335, RM/KW. All Agree |
| |
| Item 51. |
Docket No. 2002-0154-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 213, Edwards Aquifer; and a new section in 30 TAC
Chapter 331, Underground Injection Control: |
|
|
Section 213.3 - Definitions |
|
Section 213.8 - Prohibited Activities |
|
Section 331.19 - Injection Into or Through the Edwards Aquifer |
|
|
These adopted revisions to Chapters 213 and 331 implement Senate Bill 2, Section
11.03, 77th Legislature, 2001, by prohibiting commission authorization of any
injection well that transects or terminates in the Edwards Aquifer (EA), except for
injection of groundwater withdrawn from the EA, of non-toxic tracer dyes into the EA
for the purpose of conducting scientific studies to determine hydrologic flowpaths, of
EA groundwater in remediation wells that do not exceed the maximum contaminant
levels for drinking water, or of storm water, groundwater, or flood water through
improved sinkholes or caves located in karst topographic formations. The proposed
rules were published in the July 26, 2002 issue of the Texas Register (27 TexReg
6657, 6664). (Devane Clarke, Snehal Patel, Joseph Thomas) (Rule Log No.
2001-093-331-WS) |
|
| Approve adoption of amended sections of 30 TAC Chapter 213, RH/KW. All Agree |
| |
| Item 52. |
Docket No. 2002-0811-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 37, Financial Assurance. This review is in
accordance with Texas Government Code, Section 2001.039, which requires state
agencies to review and consider for readoption each of their rules every four years.
The proposal was published in the August 2, 2002 issue of the Texas Register (27
TexReg 6874). (Debi Dyer) (Rule Log No. 2002-016-037-AD) |
|
| Approve adoption of the rules review and readoption of 30 TAC Chapter 37, RH/RM. All Agree |
| |
| Item 53. |
Docket No. 2002-0458-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 40, Alternative Dispute Resolution Procedure. This
review is in accordance with Texas Government Code, Section 2001.039, which
requires state agencies to review and consider for readoption each of their rules every
four years. The proposal was published in the May 3, 2002 issue of the Texas
Register (27 TexReg 3790). (Carl Forrester, Debra Barber) (Rule Log No.
2002-013-040-AD) |
|
| Approve adoption of the rules review and readoption of 30 TAC Chapter 40, RH/RM. All Agree |
|
| |
EXECUTIVE SESSION |
|
| Item 54. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the Commission's Executive Director, 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 session to take action on this matter as required by
Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government
Code. |
|
| Commission met in Executive Session and no action to be taken |
|
| Item 55. |
Docket No. 1999-0024-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
session to take action on a 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. |
|
| Commission met in Executive Session and no action to be taken |
|
| Item 56. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED
SESSION 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 session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
|
| Commission met in Executive Session and no action to be taken |
|
|
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TCEQ
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH
AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING
IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED
TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT
(512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA,
SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TCEQ
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK
DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE.) REGISTRATION FOR AGENDA
STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN
THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR
MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM. |