Texas Commission on Environmental Quality Meeting Agenda – October 31, 2018

The Texas Commission on Environmental Quality (TCEQ) will meet on October 31, 2018 in order to consider various agenda items regarding the state of the environment in Texas. The TCEQ also met on October 3 and October 17 and the agenda items from those meetings will also be listed below. The agenda items from these three meetings include multiple penalties against various organizations for violating Texas codes and environmental regulations as well as the rules of the TCEQ. The agenda items also include a request by the San Jacinto River Authority for a water use permit, a resolution to extend the Irrigator Advisory Council, and the consideration of the Draft 2016 Texas Integrated Report as part of the federal Clean Water Act.

October 31, 2018 TCEQ Meeting Agenda Items:

• Item 1: Proposal for Decision – Consideration of the Administrative Law Judge’s Proposal for Decision and Proposed Order assessing administrative penalties against J.H. Walker Trucking in Harris County, Texas regarding underground storage tank violations pursuant to Tex. Water Code ch. 26 and the rules of the TCEQ.
• Item 2: Hearing Requests/Requests for Consideration – Consideration of an application by the San Jacinto River Authority (SJRA) for a water use permit requesting authorization to use the bed and banks of the West Fork San Jacinto River, tributary of the San Jacinto River, and San Jacinto River Basin to convey up to 11,200 acre-feet per year of surface water-based return flows. SJRA will use the return flows for municipal, industrial, agricultural, and mining purposes in SJRA’s service area in Montgomery and Harris Counties, Texas.
• Item 3: Miscellaneous Matter – Consideration of the adoption of a renewal with an amendment of the Livestock Manure Compost General Permit which authorizes the disposal of wastewater by evaporation or beneficial irrigation adjacent to water in the state from livestock manure compost operations.
• Item 4: Miscellaneous Matter – Consideration of a resolution to extend the existence of the Irrigator Advisory Council until February 1, 2025, and to appoint three members to the Irrigator Advisory Council at the TCEQ to six-year terms. The Irrigator Advisory Council advises the Commission on matters related to landscape irrigation in Texas. These new members would replace three members whose terms are set to expire on February 1, 2019.
• Item 9: Air Quality Enforcement Agreed Orders – Consideration of an agreed order assessing administrative penalties against JSW Steel (USA) Inc. in Chambers County for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the TCEQ.
• Item 12: Air Quality Enforcement Agreed Orders – Consideration of an agreed order assessing administrative penalties and requiring certain actions of Total Petrochemicals & Refining USA, Inc. in Harris County for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the TCEQ.
• Item 21: Petroleum Storage Tank Enforcement Agreed Orders – Consideration of an agreed order assessing administrative penalties against Quicky Mart in Galveston County for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the TCEQ.
• Item 23: Public Water System Enforcement Agreed Orders – Consideration of an agreed order assessing administrative penalties and requiring certain actions of the City of Southside Place in Harris County for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the TCEQ.

October 17, 2018 TCEQ Meeting Agenda Items:

• Item 2: Miscellaneous Matter – Consideration of the adoption of the Draft 2016 Texas Integrated Report, for the federal Clean Water Act, which is a compilation of documents and information which provides an overview of the state’s surface water quality. The Draft 2016 TIR would inform the regulated community and the public of water quality status and it would also provide agencies with information to enable informed permitting decisions, resource allocations, and to determine where total maximum daily loads, watershed actions plans, and other water quality improvement efforts are needed.
• Item 3: Air Quality Enforcement Agreed Orders – Consideration of an agreed order assessing administrative penalties and requiring certain actions of Enterprise Products Operating LLC in Chambers County for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the TCEQ.
• Item 10: Municipal Waste Discharge Enforcement Agreed Orders – Consideration of an agreed order assessing administrative penalties and requiring certain actions of the City of Pasadena in Harris County for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the TCEQ.

October 3, 2018 TCEQ Meeting Agenda Items:

• Air Quality Enforcement Agreed Orders assessing administrative penalties and requiring certain actions of the following organizations for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the TCEQ. The Commission agreed to adopt all of the orders.
  • Item 1: Equistar Chemicals, LP in Chambers County
  • Item 2: Exxon Mobil Corporation in Harris County
  • Item 3: Huntsman Petrochemical LLC in Jefferson County
  • Item 4: Intergulf Corporation in Harris County
  • Item 5: McCarty Road Landfill TX, LP in Harris County
  • Item 6: Motiva Enterprises LLC in Jefferson County
• Item 8: Industrial Waste Discharge Enforcement Agreed Orders – Consideration of an agreed order assessing administrative penalties and requiring certain actions of Chevron Phillips Chemical Company LP in Harris County for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the TCEQ. The Commission agreed to adopt this order.
• Petroleum Storage Tank Enforcement Agreed Orders assessing administrative penalties and requiring certain actions of the following organizations for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the TCEQ. The Commission agreed to adopt all of the orders.
  • Item 10: MONROE @ WINKLER INVESTMENTS, INC. dba Mike Food Mart in Harris County
  • Item 12: Shahsultana and Hamida, LLC dba Mont Belvieu Food Store in Chambers County
  • Item 14: Montgomery County