The Texas Commission on Environmental Quality met on October 20 to discuss regular agenda items and address public comments. Items included overturning permits, routine permit approvals, and the City of Toyah’s water quality. A link to the 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 Old Business: Consideration for approval to publish and solicit public comment on Two Draft Total Maximum Daily Loads for Indicator Bacteria in Sandy Creek and Wolf Creek, of the Neches River Basin, in Jasper and Tyler Counties. (Kerry Niemann, Stefanie Skogen) (Project No. 2021-023-TML-NR)
Kerry Niermann, Water Quality Division
- Requesting permission to publish two Draft Total Maximum Daily Loads for Indicator Bacteria in Sandy Creek and Wolf Creek
- Commission approves publication
Motion Passes
Item 1: Consideration of the Motion to Overturn filed by Citizens for Clean Air and Clean Water concerning the Executive Director’s decision to approve the applications by Gladieux Metals Recycling, LLC for amendments to and the renewal of New Source Review Permit No. 1157c authorizing the continued operation of a metals recovery and recycling operation. The spentcatalyst recycling facility is located in Brazoria County at 302 Midway Road, Freeport, Texas 77541. The Commission will also consider the related responses and reply. (Amy Browning)
Caroline Crow, Citizens for Clean Air and Clean Water; For
- Overturn Gladieux permit 1157c because no opportunity for public comment
- Unfulfilled hearing request from 2008; Until public is heard permit should be void
Derek McDonald, Baker Botts; Against
- Deny motion to overturn
- Permit authorizes Gladieux to continue their work; Gladieux complied with all public comment qualifications allowing over 30 days for comment
Amy Browning, Environmental Law Division: Against
- Deny motion to overturn; ED reviewed the permit and approved
- There were no renewal public comment requests
- McWherter – Permit should be overturned because the public notice was misleading, and the 2014 renewal application was not de minimums; circumvention of the rules because of 2008 hearing request
- Crow – The commission cannot approve a permit without fulfilling a public hearing request; the 2008 hearing request attached to the 2014 permit needs to be fulfilled
- Niermann – Summarizes the permit history of 1157c; public notice was misleading, and commission has obligation to public
- Makes motion to overturn and public comment be allowed
- Janecka- Agrees on the necessity for public comment; seconds motion
Motion Passes
Item 2: Consideration of application by Vulcan Construction Materials, LLC, for Air Quality Permit No. 163812, to authorize the operation of a rock crushing facility located approximately 1.5 miles east of the intersection of US 90 & Farm-to-Market Road 1022 on the north and south sides of US 90, Uvalde, Uvalde County, Texas 78801. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s Response to Comments. (Alexander Au, Amanda Kraynok)
Chair Niermann – Requests must be made in a timely matter and issues must be referred applicably; Two applicants do not meet requirements for comment; motion to deny hearing
Motion Passes
Item 3: Consideration of the application by Brickston Municipal Utility District, for a new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015839001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The wastewater treatment facility will be located approximately 2,000 feet northwest of the intersection of Albert Voelker Road and U.S. Highway 290 East, in Travis County, Texas 78621. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director’s Response to Comments. (Gordon Cooper, Michael Parr)
Chair Niermann – Identifies 5 of 12 requesters as valid; counts 4 issues with permit approval
Janecka – Motion to refer matter to the Commission Alternative Dispute Resolution over 4 identified issues; permit delayed 180 days for resolving of public concern
Motion Passes
Item 4: Consideration of the adoption of an amendment with renewal of the Pesticide General Permit TXG870000, which authorizes the point source discharge of pesticides for the control of mosquito and other insect pests, vegetation and algae pests, animal pests, area-wide pests, and forest canopy pests. Public notice of the proposed general permit was published in the June 11, 2021, issue of the Texas Register (46 TexReg 3628). (Laurie Fleet, Harrison Malley) (Non-Rule Project No. 2020-043-OTH-NR)
Laurie Fleet, Texas Water Quality Division
- Permit will replace current routine permanent that expires in Nov
- McWherter – No public objection
Janecka – Motion to adopt permit
Motion Passes
Item 5: Consideration of the adoption of an amendment with renewal of the Concrete Batch General Permit TXG110000 which authorizes discharges of facility wastewater and stormwater associated with industrial activities into or adjacent to water in the state from ready-mixed concrete plants, concrete products plants, and their associated facilities (Standard Industrial Classification (SIC) 3271, 3272, and 3273). Public notice of the proposed general permit was published in the June 11, 2021, issue of the Texas Register (46 TexReg 3627). (Laurie Fleet, Bobby Salehi) (Non-Rule Project No. 2020-045-OTH-NR)
Laurie Fleet, Water Quality Division
- Permit will replace current routine permanent that expires in Nov
- McWherter- recommends adoption
Janecka – Motion to adopt with amendments
Motion Passes
Item 22 Old Business: 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.
John Beard, Port Arthur Community Action Network
- Consider environment impact on communities like Port Arthur; title 6 act
- TCEQ has claimed to protect all Texans but there is little socioeconomical concern for communities of color
Enforcement Docket: Old Business items 2-21, New Business items 6-36
Melissa Cordell, Enforcement Division
- Total assessed administrative penalties $1,062,084 with $374,500 applied to supplemental projects and $52,928 to the general fund
Public Comment
Item 3 Old Business: Consideration of a Default Order assessing administrative penalties against and requiring certain actions of A & W Industries, Inc. in Tarrant County; RN100739952; for air quality violations pursuant to Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 382, and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60. (Benjamin Warms, Elisa Guerra)
Nicholas Howard, A&W Industries
- Postponement of Item 3 for 60 days; in communication with requester
Chari Tenati, A&W Industries
- Received information late and requests a postponement
- Niermann – I am not going to agree to an extension; Janecka agrees
Item 28 New Business: Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Toyah in Reeves County; RN101225001; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Steven Hall, Michael Parrish)
Joe Hughes, UT Environmental Law Clinic
- Residents of Toyah Texas have lived under boil notice since 2018
- The consequences of this order need to be increased; the city needs repercussions
Alessandra Papa, UT Environmental Law Clinic
- This is the 9th enforcement order the city has received and there are 4 unfulfilled orders
- TCEQ needs to set deadlines and enforce harsher consequences
- Physicians have confirmed the water detrimental to the health of Toyah’s residents; even to bathe in
- Niermann – How many households are served by the Toyah water system?
- Fewer than 100
- Janecka – Toyah is classified as a high performer; How is this?
- Cordell – Whatever contributed to the score is unrelated to water quality
- Niermann – Proposes to continue this item; requests a Toyah Rep. at next meeting
Janecka – Motion to continue item 28 and adopt old business items 2-21 and new business 6-27 and 29-36
Motion Passes
Return to Old Business 22:
Lydia Ponce, Self
- From California; Oil Spill in Orange County highlights how connected the coast is
- Raises concerns about the worsening of Texas’ environment and wildlife because of the new Tesla HQ being built
Item 37 New Business: Consideration of the Texas Commission on Environmental Quality Monthly Enforcement Report, submitted for discussion in accordance with Texas Water Code § 7.003. (Susan M. Jablonski, P.E., Melissa Cordell)
Melissa Cordell, Enforcement Division
- 1,006 enforcement issues, over $11,000,000 in penalties; 15,000 notices of violations
- Summarization of case progress
Susan Jablonski, Enforcement Division
- Highlights improvements: Fully electronic commission, division wide document database, organizational changes on quality control, addressing performance issues, implementing initiatives etc.
Item 38: Consideration of agency post-incident response actions related to the February 2021 severe winter storm, including plans to evaluate factors that impacted public water system response and recovery actions.
Brittney Hillman, Water Supply Commission
- Monthly update of the Agencies After Action team including their timeline for reviewing surveys, drafting recommendations: survey review in November and project recommendations by March 2022
Items 39-42 moved to closed session