The TCEQ Commissioners met on February 17, 2016 to take action on permit and hearing requests on the Commissioners’ agenda.
Docket No. 2015-1791-MWD: Consideration of the application by KBARC, LLC, for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015225001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility will be located at 6932 Farm-to-Market Road 1179, Bryan in Brazos County, Texas 77808. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s response to comments.
- Commissioners note importance of only addressing issues within their jurisdiction
- Some hearings are granted and some are not
- Motion carries
Docket No. 2015-1792-MWD: Consideration of the application by 8 Mile Park, L.P., for a major amendment to existing Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0013796001 to authorize a reduction in the frequency of monitoring requirements for E.coli bacteria from five times per week to once per quarter. The facility is located in the Autumn Shadows Subdivision on the south side of State Highway 35 approximately 570 feet east of the intersection of State Highway 35 and Farm-to-Market Road 1459, in Brazoria County, Texas 77480. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s response to comments.
- Motion to deny hearing requests and issue permit carries
Docket No. 2015-1564-WR: Consideration of the application by Boasso America Corporation (Boasso) for new Water Use Permit No. 12949 to divert and use not to exceed ten acre-feet of water per year from a point on Carpenters Bayou, tributary of Buffalo Bayou, tributary of the San Jacinto River, San Jacinto River Basin at a maximum diversion rate of 0.1114 cfs (50 gpm) for industrial purposes (dust suppression) in Harris County. The Commission will consider all timely filed hearing requests, responses to the requests, and replies.
- City of Houston’s water rights are all upstream compared to the application’s water rights, so there will not be adverse implications for Houston
Edwin McCarthy, City of Houston
- Primary concern for City of Houston is that there are hundreds of diversions granted annually, so it enhances the impact on the Bay in the future
- Salinity issues could arise in the Bay in the future
- One commissioner notes that the commission needs to focus on what is in front of the them right now, which is only 10 acre feet of water, as opposed to taking this issue to extreme “what if” scenarios in the future
- 10 Acre feet will not have any adverse effects on Houston
- Hearing request from Houston denied, and permit granted
Docket No. 2015-1692-TML: Consideration for approval to publish and solicit public comment on Seven Total Maximum Daily Loads for Indicator Bacteria in Lake Houston, East Fork San Jacinto River, West Fork San Jacinto River, and Crystal Creek Watersheds in Montgomery, San Jacinto, Grimes, Harris, Liberty, and Walker Counties.
Carrie Newman, Executive Administrator’s Staff
- Public comment will begin March 4, 2016 and last for 30 days
- EA requests approval to publish and solicit public comment
- Request is approved
Docket No. 2016-0019-MIS: Consideration of gifts and donations of $500.00 or more in value given to the TCEQ, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies.
Beth West, General Counsel
- Executive director has accepted gifts and asks for acknowledgement of gifts
- Motion carries
6-35. Enforcement Docket
Melissa Cordell, Enforcement Division
- $585,318 in penalties assessed
- Motion to issue proposed orders carries
Docket No. 2015-1455-RUL: Consideration for publication of, and hearing on, proposed amended Sections 101.1 and 101.10 of 30 TAC Chapter 101, General Air Quality Rules and corresponding revisions to the state implementation plan. The proposed rulemaking would incorporate the United States Environmental Protection Agency's (EPA) latest finalized definition of volatile organic compounds, align the lead reporting threshold with the EPA's Annual Emissions Reporting Rule (AERR), change the distance from the shoreline to 9.0 nautical miles for applicable offshore sources to report an emissions inventory, and revise terminology and definitions for clarity or consistency with the EPA's AERR.
Jill Dickey, Air Quality Division
- Aligns with federal requirements
- Some minor clarifications
- Changes will be reported to EPA
- Motion to publication of and hearing on proposed amended section carries
Meeting Adjourns