The Texas Commission on Environmental Quality met on January 11, 2023 to take up a number of items. The Commission took up together and adopted enforcement orders 3-20. More information can be found on the agenda. which can be found here. The full agenda can be found here and an archive of this hearing can be found here.
This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.
Item 1: Consideration of a petition by Earthland Farms, LLC (Petitioner) for the creation of Duck Creek Municipal Utility District of Denton County (District). The Petitioner requests that the Commission create the District pursuant to Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54, Texas Water Code; and Chapter 293, Title 30 Texas Administrative Code. The proposed District would contain approximately 320.41 acres within Denton County. The Commission will consider the timely filed hearing requests and related responses and replies. (James Walker, Kayla Murray) (TCEQ Internal Control No. D-06142022-031)
- Commission cannot consider noise or traffic or property values when establishing an MUD
- MUD creation whether it is feasible, practical and would help the land are the criteria for the creation of a Municipal Utility District
- Requests on MUD petitions are rejected
- Request on livestock health is not considered, unless water quality concern is mentioned
- Grant hearing requests for Stacey and Brian Rushing, Sean and Colleen Wilson, Brian and Cristina Sips, and Miriam Odom
- Motion passes
Item 2: Consideration for adoption of updates to the Memorandum of Agreement (MOA) between the Texas Commission on Environmental Quality (TCEQ) and the Texas General Land Office (GLO). The updates will reflect the current names of the successor agencies by updating the name of the Texas Natural Resources Conservation Commission to the Texas Commission on Environmental Quality. Additionally, the CCC sunsetted in 2011 and passed its responsibilities on to GLO; the MOA update will reflect this change. The adopted amendment to the MOA will implement the agreement between TCEQ and GLO for TCEQ to seek GLO review and certification of TCEQ rules and rule amendments that are subject to the Coastal Management Program in accordance with the procedures adopted by GLO (31 TAC Sections 29.20-29.26). (Kathy Humphreys) (Rule Project No. 2022-003-OTH-NR)
- MOA being updated from 1996
- Transferring of agency responsibilities and changes that were out of date
- Motion passes
Item 21: Consideration for publication of, and hearing on, amended Section 113.2069 and new Sections 113.2400, 113.2402, 113.2404, 113.2406, 113.2408, 113.2410, and 113.2412 of 30 TAC Chapter 113, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants; and corresponding revisions to the Federal Clean Air Act (CAA) Section 111(d) State Plan for municipal solid waste (MSW) landfills. The proposed rulemaking would revise Chapter 113 to implement updated federal emission guidelines for existing MSW landfills. The proposed changes to the rules and the CAA Section 111(d) State Plan would allow TCEQ to administer and enforce these emission guidelines after federal approval. The guidelines are currently being implemented by the United States Environmental Protection Agency through a federal plan. (Michael Wilhoit, Terry Salem; Rule Project No. 2017-014-113-AI.)
- Would revise chapter 113 standards fof performance for hazardous air pollutants
- Public hearing will be on February 23rd, 2023
- EPA has to approve state plan that would replace federal guidelines that some landfills follow
- Rule has to follow emissions guidelines by the EPA
- Motion passes
Item 22: Consideration for publication of, and hearing on, proposed amended Section 5.3 and new Section 5.15 of 30 TAC Chapter 5, Advisory Committees and Groups. The proposed rulemaking would establish in rule the dates on which seven advisory committees are abolished to comply with Texas Gov’t Code, Section 2110.008. The proposed rulemaking renews the existence of the Water Utility Operator Licensing Advisory Committee, the Municipal Solid Waste Management and Resource Recovery Advisory Council, the Irrigator Advisory Council, the Concho River Watermaster Advisory Committee, the Rio Grande Watermaster Advisory Committee, the South Texas Watermaster Advisory Committee, and the Brazos Watermaster Advisory Committee. The proposed rulemaking would abolish these advisory committees on December 31, 2032. (Don Redmond; Rule Project No. 2023-006-005-LS)
- Proposed rulemaking would implement sunset commission staff recommendation to renew and establish certain dates of abolishment for certain agency advisory committees by rule
- Advisory committees should be extended by rule making according to the recommendation
- Motion passes
Item 23: The Commission will receive comments from the public on any matters within the jurisdiction of the Texas Commission on Environmental Quality in accordance with Texas Water Code Section 5.112, except for pending permitting matters or other contested cases, which are subject to the ex parte prohibition found in Texas Government Code Section 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. Please note that the Commission’s discussion of subjects for which public notice has not been given are limited to statements of specific factual responses and recitation of existing policy.
- Witness: Stan Mitchell (Bexar County Resident) – There have been drops in the Simsboro aquifer water supply
- Projections of percentage of water in the Aquifer are only from past data
- Pumping permits have been approved for 103,000 acres of the aquifer
Item 24: The Commission will conduct a closed meeting to receive legal advice from its attorney(s) and will discuss pending or contemplated litigation, and/or settlement offers, as permitted by Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
- Closed session
Item 25: The Commission will conduct a closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission’s Executive Director, General Counsel, Chief Clerk, Public Interest Counsel, or Chief Auditor as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
- Closed session
Item 26: The Commission will conduct a closed meeting to discuss the employment, evaluation, reassignment, duties, discipline or dismissal of a specific Commission employee(s) as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
- Closed session
Item 27: The Commission will conduct a closed meeting to discuss their duties, roles, and responsibilities as Commissioners of the TCEQ pursuant to Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open meeting to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
- Closed session
After closed session, the Commission did not take any action