Texas Commission on Environmental Quality – June 26, 2019

The Texas Commission on Environmental Quality met on June 26 to take up a full agenda. Items considered during the meeting include the 2018 Draft 2018 Texas Integrated Report, the Quality Monthly Enforcement Report, and several Quadrennial Rules Review proposals.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing 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.

 

Hearing Requests/Requests for Reconsideration

Item 1 Consideration of the application by WPS I LLC for a new permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015679001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility will be located at 9700 East Bankhead Highway, Aledo, in Parker County, Texas 76008. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s response to comments. (John O. Onyenobi, Hollis Henley)

 

Chair Jon Niermann, TCEQ

• Chairman Niermann discuss merits of the request, identifies two stakeholders as “Mr. Cox” and “Ms. Owens”
• Cox is too far from the facility and would be good in another case.
• Owens resides adjacent to the proposed facility and identifies how she can be impacted by the facility.
• I would grant Ms. Owens’ request based on odor, regionalization, and health issues.
• Motion to grant request by Ms. Owens carries

 

Miscellaneous Matters

Item 2 Consideration of the adoption of the First Submission of the Draft 2018 Texas Integrated Report, for the federal Clean Water Act Sections 303(d) and 305(b) – Spring Creek (Segment 1008), which is a compilation of documents and information that provides an overview of the surface water quality of Spring Creek (Segment 1008). The First Submission of the Draft 2018 Texas Integrated Report would inform the regulated community and the public of water quality status of Spring Creek (Segment 1008). The First Submission of the Draft 2018 Texas Integrated Report would also provide agencies with information to enable informed permitting decisions, resource allocations, and to determine where total maximum daily loads, watershed action plans, and other water quality improvement efforts are needed. The proposed First Submission of the Draft 2018 Texas Integrated Report – Spring Creek (Segment 1008) Notice was published in the March 22, 2019, issue of the Texas Register (44 TexReg 1544). The proposed First Submission of the Draft 2018 Texas Integrated Report – Spring Creek (Segment 1008) was posted on the commission’s Water Quality Planning Division’s website on March 22, 2019. (Andrew Sullivan, Michael Parr) (Non-Rule Project Number 2019-080-OTH-NR)

 

Kyle Gerten, Water Quality Division

• The first submission of the Draft should be adopted.
• Request to make minor revisions.
• Niermann- Is this the first time we’ve bifurcated submission of this report?
  • Yes, have done partial submissions before, but this is the first time we’ve bifurcated submission.
• Niermann – And one of the reason we’re moving ahead with the Spring Creek piece is because we have pending applications?
  • Correct
• Niermann – So if we were to wait and do it all in one package it would just be leaving those applications hanging?
  • Correct
• Motion to submit the first draft to the EPA carries.

 

Item 3 Consideration of the adoption of an amendment with renewal of the Concentrated Animal Feeding Operations (CAFO) General Permit, TXG920000, which authorizes manure, sludge, and wastewater discharge into or adjacent to water in the state only during chronic or catastrophic rainfall or catastrophic conditions by CAFOs. Public notice of the proposed general permit was published in the February 22, 2019, issue of the Texas Register (44 TexReg 901). (Joy Alabi, Michael Parr) (Non-Rule Project No. 2018-015-OTH-NR)

 

Charles Schneider, Water Quality Division

• The general permit will authorize discharge of manure, sludge, or wastewater and what facilities the materials go to.
• Motion to adopt the Feed Operations General Permit and the response to comments carries.

 

Agreed Orders (Items 4-24) were considered and approved by motion together without discussion.

 

Monthly Enforcement Report

Item 25 Consideration of the Texas Commission on Environmental Quality Monthly Enforcement Report, submitted for discussion in accordance with Texas Water Code § 7.003. (Bryan Sinclair, Melissa Cordell)

• Motion to approve the Monthly Enforcement Report carries.

 

Quadrennial Rule Reviews (Items 26-31) were considered and approved by motion together without discussion. Proposals detailed below for reference.

Item 26 Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. 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 January 18, 2019, issue of the Texas Register (44 TexReg 335). (Graham Bates, Janis Hudson) (Project No. 2018-049- 117-AI)

 

Item 27 Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 222, Subsurface Area Drip Dispersal Systems. 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 January 18, 2019, issue of the Texas Register (44 TexReg 335). (Laurie Fleet, Stefanie Skogen) (Project No. 2019-007-222-OW)

 

Item 28 Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 318, Marine Seawater Desalination Discharges. 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 January 18, 2019, issue of the Texas Register (44 TexReg 335). (Laurie Fleet, Michael Parr) (Project No. 2019-008-318- OW)

 

Item 29 Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 327, Spill Prevention and Control. 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 December 21, 2018, issue of the Texas Register (43 TexReg 8482). (Elizabeth Vanderwerken, Shea Pearson, Celia Castro) (Project No. 2019-010-327-CE)

 

Item 30 Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 332, Composting. 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 January 18, 2019, issue of the Texas Register (44 TexReg 336). (Charly Fritz, Anthony Tatu) (Project No. 2019-024-332-WS)

 

Item 31 Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 334, Underground and Aboveground Storage Tanks. 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 December 21, 2018, issue of the Texas Register (43 TexReg 8482). (Anna R. Brulloths, Cullen McMorrow) (Project No. 2019-011-334-WS)

 

The Commission did not convene a closed session and closed session items 32-25 were not considered.

 

Meeting adjourned.