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The Texas Commission on Environmental Quality met on June 1, 2022, to discuss regular agenda items, including several hearing requests brought to the Commission by various parties. The Commission also approved several rule changes and met in closed Executive Session. A copy of the meeting agenda can be found here. An archived video of the meeting 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 the application by City of Star Harbor, for a new Permit No. WQ0016017001 to authorize the disposal of treated domestic wastewater

  • Tina O’Jibway, Legislative Director to Sen. Nichols – Read letter on behalf of the Senator
    • Wrote a letter previously to TECQ in 2021
    • City is in urgent need of a solution; claimed application is the only solution left for city, other options are too expensive or not possible
  • Niermann – Provides overview of TCEQ application process, recommends granting hearing request to resident Don Norwood with proximity to the affected site, recommends referring hearing request of Castell Realty to SOAH due to no address listed on request
  • Lindley – Comfortable denying request to Castell Realty, states they had plenty of time to fix the issue
  • Niermann – Agrees with Lindley, Discusses potential issues for contested case hearing
  • Janecka – Agrees with Niermann and Lindley
  • Motion to deny hearing request of Castell Realty and refer matter to SOAH for a contested case; passes

 

Item 2: Consideration of the application by Texcrete, Inc., for the approval of a registration to use the Air Quality Standard Permit for Concrete Batch Plants, Registration No. 166281, to authorize construction of a permanent concrete batch plant

  • Niermann – Texas Clean Air Act specifies only individuals residing within 440 yards of concrete batch plant can request a hearing; Recommends granting hearing request for Tom and Joyce Hanson and denying other requests; Discusses possible issues to refer to SOAH
  • Lindley and Janecka – Agrees
  • Motion to deny all remaining hearing requests and requests for reconsideration and refer matter to TECQ’s Alternative Dispute Resolution Program to run concurrently with SOAH Preliminary Hearing scheduling efforts; passes

 

Item 3: Consideration of the application by Crystal Springs Water Co., Inc. for new Texas Pollutant Discharge Elimination System Permit No. WQ0016005001, to authorize the discharge of treated domestic wastewater

  • Niermann – Both applications submitted should receive hearings
  • Lindley and Janecka – Agrees
  • Niermann – Discuss issues to refer to SOAH
  • Motion to deny request for consideration and refer matter to TECQ’s Alternative Dispute Resolution Program to run concurrently with SOAH Preliminary Hearing scheduling efforts; passes

 

Item 4: Consideration of the adoption of the Draft 2022 Texas Integrated Report, for compliance with the requirements of the federal Clean Water Act, Sections 303(d) and 305(b), which is a compilation of documents and information that provides an overview of the state’s surface water quality

  • ED staff – Development of management strategies to improve water quality may be needed for water bodies on 303(d) list of bodies that do not meet requirements
  • 1091 water bodies were assessed, 651 impairments are included on the 303(d) list
  • One public comment was received during public comment period
  • ED staff recommends approval of draft report and direction to send to EPA
  • Janecka – Regarding the 42 water bodies being delisted, did the planning staff take a moment to celebrate these milestones?
    • Yes
  • OPIC recommends adoption of draft report
  • Motion to adopt the Draft 2022 Texas Integrated Report for submittal to the United State Environmental Protection Agency; passes

 

Items 5-22: Enforcement Docket

  • ED staff recommends approval of the Enforcement Docket
  • Item 12: Randy Wright, City Manager for City of Portland – City filed comments on original proposed order due to issues with enforceability, pleased with revisions by TCEQ staff, urges TCEQ to look into issue of enforceability in the future
  • OPIC recommends approval of Enforcement Docket
  • Motion to adopt Items 5-22 as recommended by the Executive Director; passes

 

Item 23: Consideration of the adoption of amendment to Section 114.622 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and corresponding revisions to the State Implementation Plan

  • Rules would implement HB 4472 (87R)
  • Authorized TCEQ to lower the minimum usage of marine vessels in designated areas for the Texas Emissions Reduction Plan programs
  • Published in the January 28, 2022, issue of Texas Register, no public comments were received
  • ED and OPIC recommend adoption
  • Motion to adopt amendment to Section 114.622 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and corresponding revisions to the State Implementation Plan as recommended by Executive Director; Passes

 

Item 24: Consideration for the adoption of new Section 60.4 of 30 TAC Chapter 60, Compliance History

  • Rulemaking was pursued in response to several large emergency incidents at Texas industrial facilities
  • Will allow for the ED to designate and reclassify the compliance history classification for a site involved in a significant emergency event that causes or results in exigent circumstances
  • Published in the December 31, 2021, issue of the Texas Register, public comment was received, and the following changes were made:
    • Added a time limit no later than 90 days for ED to address issue
    • Notice will also be issued via email
    • Added requirement for notice for designation to be sent to site owner
    • Requirement for emergency response at issue to be by federal or state official
    • Qualified relevant evaluations to be of offsite persons
    • Limited sheltering in place by offsite persons
    • More minor changes made to ensure consistency between paragraphs
  • ED and OPIC recommend adoption
  • Motion to adopt amendment to Section 60.4 of 30 TAC Chapter 60, Compliance History as recommended by the Executive Director; passes

 

Item 25: Public Comment

  • No public comment given

 

Items 26-29: Executive Session

  • Commission met in closed executive session from 10:15 AM to 11:07 AM
  • No action taken
  • Meeting adjourned