|
Hearing Requests |
|
| Item 1. |
Docket No. 1999-0413-MWD. Consideration of permit application
#13984-001, submitted by HAMMOND MOUND UTILITIES, INC. for a
new permit, proposed Texas Pollutant Discharge Eliminating System
(TPDES) Permit No. 13984-001, to authorize in the interim phase the
discharge of treated domestic wastewater at a daily average flow not to
exceed 49,000 gallons per day and in the final phase the discharge of
treated domestic wastewater at a daily average flow not to exceed 99,000
gallons per day. The plant site is located approximately 1.2 miles east of
the intersection of Adams Flat Road and Wilson Road, approximately
0.35 miles west of the intersection of Farm-to-Market Road 529 and
Farm-to-Market Road 362 in Waller County, Texas. The Commission will
also consider hearing requests, related responses and replies, public
comment and the Executive Directors response to comments. (Robert
Robinson/Margaret Hoffman) |
|
| Continued to June 30, 1999 |
|
| Item 2. |
Docket No. 1999-0567-MWD. Consideration of permit application #
10781-004, submitted by CITY OF HUNTSVILLE for a new permit
(proposed TPDES Permit No. 10781-004), which authorizes the discharge
of treated domestic wastewater with an annual average flow not to exceed
2,500,000 gallons per day. The wastewater treatment facility will serve
the City of Huntsville's McDonald Creek, Robinson Creek and McGary
Creek watershed areas. The plant site is located on Farm-to-Market Road
1374, approximately 4 miles south-southwest of the intersection of
Interstate Highway 45 and Farm-to-Market Road 1374 in Walker County,
Texas. The Commission will also consider hearing requests, related
responses and replies, public comment and the Executive Director's
response to comments. (Julian D. Centeno Jr./Marianne Baker) |
|
| Grant Hearing Request of Gibbs and Smith, remand to Alternative Dispute Resolution for
4 to 6 weeks if mediation fails forward to State Office Administrative Hearings for a
hearing on the Water Quality Issues, RM/JB. All Commissioners Agree |
|
| Item 3. |
Docket No. 1999-0554-IWD. Consideration of permit application #
03477, submitted by AMTOPP CORPORATION for a major amendment
to TNRCC Permit No. 03477 to authorize an increase from a daily
average flow not to exceed 140,000 gallons per day to a daily average
flow not to exceed 533,000 gallons per day via Outfall 001; to add two
additional waste streams (non-contact cooling water from the chiller
system and non-contact cooling water from the air conditioning system) to
the list of permitted waste streams at Outfall 001; and to add two
additional waste streams (raw water from the fire water system and air
conditioning condensate) to the list of permitted waste streams at Outfalls
002 and 003. The current permit authorizes the discharge of contact
cooling water, cooling tower blowdown, reverse osmosis reject water, and
treated domestic wastewater at a daily average flow not to exceed 140,000
gallons per day via Outfall 001, and storm water on an intermittent and
flow variable basis via Outfalls 002 and 003. Issuance of this Texas
Pollutant Discharge Elimination System (TPDES) permit will replace the
existing National Pollutant Discharge Elimination System (NPDES)
Permit No. TX0108405 issued on February 26, 1993 and TNRCC Permit
No. 03477. The applicant operates a plastic extrusion facility
manufacturing plastic film, plastic bags, and plastic corrugated sheets.
The plant site is located at 101 Inteplast Boulevard., adjacent to Farm to
Market Road 1593, approximately 3.5 miles south of the City of Lolita,
Jackson County, Texas. The Commission will also consider hearing
requests, related responses and replies, public comment and the Executive
Director's response to comments. (Chris Linendoll/Marianne Baker) |
|
| Deny Hearing Request and Issue Permit, RM/RH. All Commissioners Agree |
|
|
District Matter |
|
| Item 4. |
Docket No. 1999-0586-DIS. Consideration of an application by Fort
Bend County Municipal Utility District No. 113 for Approval of
$2,500,000 Unlimited Tax Bond Issue; First Issue; 6.2% Net Effective
Interest Rate; Series 1999; The District's application requests
Commission approval of a bond issue to finance a lift station and force
main; operating costs; creation costs; and water, wastewater, and drainage
facilities for Waters of Avalon Section One. (TNRCC Internal Control
No. 08051998-D04, Robert Cummins) |
|
| Approve bond application, RM/JB. All Commissioners Agree |
|
|
Emergency Order |
|
| Item 5. |
Docket No. 1999-0561-IWD. Consideration of a Request by Formosa
Plastics Corporation, Texas for an Order Approving an Emergency Order.
The Emergency Order was granted by the Executive Director, without a
hearing, on April 30, 1999. The Emergency Order was granted under
Sections 5.501 and 5.509, Texas Water Code (the Code), and 30 Texas
Administrative Code (TAC) Sections 35.301 - 35.303. The Emergency
Order authorized an increase of the discharge from Internal Outfall 101, at
Formosa's Point Comfort Plant, from the current 4.0 million gallons per
day (MGD) daily average flow to 5.8 MGD daily average flow for a
period not to exceed 180 days. The plant is located in Calhoun County,
Texas. (Kathy Brown, Chris Linendoll) |
|
| Remanded to Executive Director |
|
|
Temporary Order |
|
| Item 6. |
Docket No. 1999-0570-MWD. Consideration of an application for a
Temporary Order submitted by the City of Dallas (TNRCC Permit No.
10060-001; EPA NPDES Permit No. TX0047830), and consideration of
requests for a contested case hearing on the application. The City of
Dallas has applied for a Temporary Order authorizing the discharge of
150 million gallons per day (MGD) from the Applicant's wastewater
treatment facility from an outfall located approximately one mile
upstream of the currently permitted outfall pipe. The plant site is located
on the west bank of the Trinity River at 1020 Sergeant Road in the City of
Dallas in Dallas County, Texas. The treated effluent will be discharged to
the Upper Trinity River in Segment No. 0805 of the Trinity River Basin.
(Jim Bateman, Melinda Luxemburg) |
|
| Approve, RH/JB. All Commissioners Agree |
|
|
Designation of Single Property |
|
| Item 7. |
Docket No. 1999-0598-AIR. Consideration of a Petition and Proposed
Order regarding Designation of Single Property, pursuant to 30 TAC
Section 101.2(b), concerning Multiple Air Contaminant Sources or
Properties, submitted by Huntsman Polymers Corporation and ORREX
Plastics Company, L.L.C. in Ector County, Texas. If granted the
petitioners will have their properties designated as a single property for
the purpose of demonstrating compliance with TNRCC regulations and
the control of air emissions. (Janis Hudson, Victoria Hsu) |
|
| Approve Petition & Proposed Order, RM/JB. All Commissioners Agree |
|
|
Air Quality Enforcement Agreed Orders |
|
| Item 8. |
Docket No. 1998-0331-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Philip
M. Robertson, Jr. dba Five Star Automotive in Denton County; TNRCC
ID No. DF-0472-E; for air quality violations pursuant to the Texas Clean
Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of
the Texas Natural Resource Conservation Commission. (Lisa Usleton
Dyar) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 9. |
Docket No. 1998-1186-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Lightening Metals Specialties, Inc. in Comal County; Account No.
CS-0099-V; for air quality violations pursuant to the Texas Clean Air Act,
Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7,
and the rules of the Texas Natural Resource Conservation Commission.
(David Turner) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 10. |
Docket No. 1998-1492-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Douglass W. King Company, Inc. dba Rio Grande Technologies, LLC in
Cameron County; Account No. CD-0137-O; air quality violations
pursuant to the Texas Clean Air Act, Texas Health & Safety Code,
Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas
Natural Resource Conservation Commission. (Miriam Hall) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 11. |
Docket No. 1998-1126-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Continental Cabinets Manufacturing, Incorporated in Dallas County;
Account No. DB-0621-J; for air quality violations pursuant to the Texas
Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water
Code, Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Carl Schnitz) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 12. |
Docket No. 1998-1173-AIR-E. Consideration of an Agreed Order
assessing administrative penalties of C & R Distributing, Incorporated in
El Paso County; Account No. EE-0432-K; for air quality violations
pursuant to the Texas Clean Air Act, Texas Health & Safety Code,
Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas
Natural Resource Conservation Commission. (Stacey Young) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 13. |
Docket No. 1998-1399-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Oil Patch Sandblast and Paint, Ltd. in Harris County; Account No.
HX-1323-M; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code, Chapter 382, Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Sheila Smith) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 14. |
Docket No. 1998-1434-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of U S
Cast Products Incorporated dba Ace Marble Incorporated in Johnson
County; Account No. JH-0111-U; for air quality violations pursuant to the
Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas
Water Code, Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Michael De La Cruz) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
Termination of Air Enforcement Agreed Order |
|
| Item 15. |
Docket No. 1995-0663-AIR-E. Consideration of terminating an Agreed
Order that assessed administrative penalties and required certain actions
of TXI Operations, L.P. (formerly Texas Industries, Inc.) in Ellis County;
TNRCC ID No. ED-0066-B; for air quality violations pursuant to the
Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code,
and the rules of the Texas Natural Resource Conservation Commission.
(Lisa Uselton Dyar) |
|
| Continued to August 11, 1999 |
|
|
Public Water Supply Enforcement Agreed Orders |
|
| Item 16. |
Docket No. 1998-1324-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of San
Pedro Canyon Water Company in Val Verde County; Public Water
Supply No. 2330011; for drinking water violations pursuant to the Texas
Health & Safety Code, Chapter 341, Texas Water Code, Chapter 5, and
the rules of the Texas Natural Resource Conservation Commission. (Elvia
Maske) |
|
| Remand to Executive Director |
|
| Item 17. |
Docket No. 1998-1107-PWS-E. Consideration of an Agreed Order
assessing administrative penalties of Steve Champion dba Casino Beach
Golf in Tarrant County; Public Water System ID No. 2200331; for public
water system violations pursuant to Texas Health & Safety Code, Chapter
341 and the rules of the Texas Natural Resource Conservation
Commission. (Julia McMasters) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 18. |
Docket No. 1998-1109-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against Grant Barkey dba Rock-A-Way
Park in Llano County; PWS ID No. 1500095; for drinking water quality
violations pursuant to the Texas Health and Safety Code Chapter 341 and
the rules of the Texas Natural Resource Conservation Commission. (Julie
Talkington) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
| Item 19. |
Docket No. 1998-1261-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
PETRON Inc. in Jefferson County; PST Facility ID No. 0070447; for
petroleum storage tank violations pursuant to the Texas Clean Air Act,
Texas Health & Safety Code, Chapter 382, and Texas Water Code,
Chapter 7, and the rules of the Texas Natural Resource Conservation
Commission. (Craig Fleming) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
| Item 20. |
Docket No. 1998-1260-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Alan
Shave in Clay County; PST Facility ID No. 39084; for petroleum storage
tank violations pursuant to Texas Water Code, Chapters 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Lori
Haynie) |
|
| Issue Agreed Order, JB/RM. All Commissioners Agree |
|
|
Industrial Waste Discharge Enforcement Agreed Orders |
|
| Item 21. |
Docket No. 1998-1116-IWD-E. Consideration of an Agreed Order
assessing administrative penalties of Southwestern Electric Power
Company in Marion County; Water Quality Permit No. 01331; for water
quality violations pursuant to Texas Water Code, Chapters 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission.
(Karen Berryman) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 22. |
Docket No. 1998-0348-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Gulf
Materials Recycling Corporation and E.L.G. Metals Southern, Inc. in
Harris County; TNRCC ID No. 03324-000; for industrial water quality
violations pursuant to Texas Water Code Chapter 26, and the rules of the
Texas Natural Resource Conservation Commission. (M. Camille Morris) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 23. |
Docket No. 1998-0930-IWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Phillips
Petroleum Company-Borger Refinery & NGL Center in Hutchinson
County; Water Quality Permit No. 01064; for water quality violations
pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the
Texas Natural Resource Conservation Commission. (Craig Carson) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
|
Municipal Waste Discharge Enforcement Agreed Orders |
|
| Item 24. |
Docket No. 1997-1113-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Goree in Knox County; Permit No. 10102-001; for water quality
violations pursuant to Texas Water Code, Chapter 7, and the rules of the
Texas Natural Resource Conservation Commission. (Laurie Eaves) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 25. |
Docket No. 1997-0411-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Sky
Properties/Su Yen Ltd. and Ta-Shen Su in Harris County; TNRCC ID No.
13709-001; for water quality violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Nathan Block) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 26. |
Docket No. 1998-0431-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Meadowland Utility Corporation, Mr. Wayne Lell, and Ms. Susan Ralph
in Brazoria County; Permit No. 13632-001; for water quality violations
pursuant to Texas Water Code, Chapter 7, and the rules of the Texas
Natural Resource Conservation Commission. (Craig Carson) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 27. |
Docket No. 1998-0817-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Pottsboro in Grayson County; Water Quality Permit No. 10591-001;
for water quality violations pursuant to Texas Water Code, Chapters 7 and
26 and the rules of the Texas Natural Resource Conservation
Commission. (Pamela Campbell) |
|
| Submitted in Error |
|
|
Agricultural Enforcement Agreed Orders |
|
| Item 28. |
Docket No. 1997-1002-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Billy
McPherson in Johnson County; TNRCC ID No. None and Enforcement
ID No. 11940; for dairy operation water quality violations pursuant to
Chapter 26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Laura Kohansov) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 29. |
Docket No. 1997-0198-AGR-E. Consideration of an Agreed Order
assessing administrative penalties against Darren Turley dba Turley Dairy
in Erath County; TNRCC ID No. None; for dairy operation water quality
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Laura
Kohansov) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
| Item 30. |
Docket No. 1998-0309-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Kevin
Finnerty dba Epicenter Dairy in Hamilton County; TNRCC ID No. 03256;
for dairy operation water quality violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Laura Kohansov) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
|
Industrial Hazardous Waste Enforcement Agreed Orders |
| |
| Item 31. |
Docket No. 1998-0677-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Houston Intermediate Chemicals Inc., doing business as Hi-Chem, and
Charles B. Trial in Brazoria County; TNRCC ID No. SWR 32031; for
industrial and hazardous waste violations pursuant to the Texas Solid
Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Mary Risner) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
| Item 32. |
Docket No. 1998-1334-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Centauri Technologies, JV in Harris County; Solid Waste Registration
No. 85189; for industrial & hazardous waste violations pursuant to the
Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health &
Safety Code, Chapter 7 of the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Susan Johnson) |
|
| Issue Agreed Order, RM/JB. All Commissioners Agree |
|
|
Sludge Enforcement Agreed Orders |
|
| Item 33. |
Docket No. 1998-0386-SLG-E. Consideration of an Agreed Order
assessing administrative penalties against Eddie Elliott in Liberty County;
TNRCC ID No. None; for water quality violations pursuant to Chapter 26
of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Kathy Keils) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
| Item 34. |
Docket No. 1998-0432-SLG-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Cary
Juby in Burnet County; TNRCC ID No. 710739 and Enforcement ID No.
3579; for public drinking water violations pursuant to Chapter 341 of the
Texas Health & Safety Code and the rules of the Texas Natural Resource
Conservation Commission. (Nathan Block) |
|
| Issue Agreed Order, RH/JB. All Commissioners Agree |
|
|
Municipal Solid Waste Enforcement Agreed Order |
|
| Item 35. |
Docket No. 1998-1064-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of City of
Roma in Starr County; MSW Permit No. 954; for municipal solid waste
violations to Texas Solid Waste Disposal Act, Texas Health & Safety
Code, Chapter 361 and Texas Water Code, Chapter 7, and the rules of the
Texas Natural Resource Conservation Commission. (John Mead) |
|
| Issue Agreed Order, RM/RH. All Commissioners Agree |
|
|
Multi Media Enforcement Agreed Order |
|
| Item 36. |
Docket No. 1998-0235-MLM-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Newell
Recycling of San Antonio, L.P. in Bexar County; TNRCC ID No.
BG-0149-O; for air quality and industrial and hazardous waste violations
pursuant to the Texas Water Code, Chapter 26, and Texas Health &
Safety Code, Chapters 361 and 382, and the rules of the Texas Natural
Resource Conservation Commission. (Cecily Small Gooch) |
|
| Issue Agreed Order, JB/RH. All Commissioners Agree |
|
|
Default Orders |
|
| Item 37. |
Docket No. 1998-0510-IHW-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Janice
Walker and James Barr in Brazoria County; TNRCC ID No. F0196; for
industrial and hazardous waste violations pursuant to Texas Water Code,
Chapter 26, Texas Health and Safety Code, Chapter 361, and the rules of
the Texas Natural Resource Conservation Commission. (Kathy Keils) |
|
| Issue Default Order, JB/RM. All Commissioners Agree |
|
| Item 38. |
Docket No. 1997-0962-MSW-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Lee
Moore in Bell County; TNRCC ID No. 34391 and Enforcement ID No.
11899; for municipal solid waste violations pursuant to the Texas Solid
Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and
the rules of the Texas Natural Resource Conservation Commission.
(Cecily Small Gooch) |
|
| Issue Default Order, JB/RM. All Commissioners Agree |
|
|
Rules |
|
| Item 39. |
Docket No. 1999-0527-RUL. Consideration for publication of proposed
amendments to the following sections of 30 TAC Chapter 305, concerning
Consolidated Permits, and Chapter 335, concerning Industrial Solid Waste
and Municipal Hazardous Waste: §305.51 Revision of Applications for
Hazardous Waste Permits; §335.1 Definitions. The proposed rules
update and clarify the commission's rules relating to revision of
hazardous waste permit applications and relating to the definitions of
"manifest" and "solid waste." (Ray Austin) (Rule Log No.
98080-335-WS) |
|
| Approve Publication, RM/JB. All Commissioners Agree |
|
| Item 40. |
Docket No. 1999-0332-RUL. Consideration for publication of, and
hearing upon, proposed amendments to 30 TAC Chapter 115, Control of
Air Pollution from Volatile Organic Compounds, Section 115.127,
concerning Exemptions; and for revisions to the State Implementation
Plan. The proposed amendment would revise the vent gas rule by
extending the 30,000 parts per million concentration limit exemption for
pulp and paper mills until April 15, 2001. (Ann Hammer) (Rule Log No.
98057-115-AI). |
|
| Approve Publication and Hearing, RM/RH. All Commissioners Agree |
|
| Item 41. |
Docket No. 1998-1330-RUL. Consideration for adoption of the review
and repeal of 30 TAC Chapter 277, concerning Use Determinations for
Tax Exemptions for Pollution Control Property and the adoption of 30
TAC Chapter 17, concerning Tax Relief for Property Used for
Environmental Protection. This action constitutes the commission's
review of the rules contained in 30 TAC Chapter 277 in accordance with
the General Appropriations Act, Article IX, Section 167, 75th Legislature,
1997, which requires state agencies to review and consider for readoption
rules adopted under the Administrative Procedure Act. As part of the
Texas Natural Resource Conservation Commission's (commission)
regulatory reform initiative, the provisions are rewritten for clarity,
readability, and improved organization. The revisions move the
regulations in Chapter 277 to Chapter 17 and clarify the procedures for
reviewing applications for use determinations when the applicant does not
adequately respond to a deficiency notice. The proposed notice of review
and repeal was published in the February 12, 1999 issue of the Texas
Register (24 TexReg 920). (Forrest Brooks) (Rule Log No. 98050-277-AD) |
|
| Approve adoption of review and repeal, with changes, RM/RH. All Commissioners Agree |
|
| Item 42. |
Docket No. 1998-1057-RUL. Consideration for adoption of amendments
to 30 TAC Chapter 115, Subchapter A, Section 115.10, concerning
Definitions; Subchapter C, concerning Volatile Organic Compound
Transfer Operations: Division 1, Sections 115.211-115.217 and 115.219,
concerning Loading and Unloading of Volatile Organic Compounds;
Division 2, Sections 115.221-115.227 and 115.229, concerning Filling of
Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing
Facilities; Division 3, Sections 115.234-115.237 and 115.239, concerning
Control of Volatile Organic Compound Leaks from Transport Vessels;
and revisions to the State Implementation Plan regarding these revisions.
If adopted, these amendments would extend to 95 counties in the eastern
half of Texas the Chapter 115 rules for Stage I vapor recovery, gasoline
terminals, gasoline bulk plants, and gasoline tank-truck leak testing which
currently apply in the Beaumont/Port Arthur, El Paso, Houston/Galveston,
and Dallas/Fort Worth ozone nonattainment areas. The amendments
would also reorganize and modify existing portions of these Chapter 115
rules which apply in these four ozone nonattainment areas and in Aransas,
Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and
Victoria Counties. The proposed amendments were published in the
January 1, 1999 issue of the Texas Register (24 TexReg 61). (Eddie
Mack/Bill Jordan) (Rule Log No. 98028-115-AI) |
|
| Continued to June 16, 1999 |
|
| Item 43. |
Docket No. 1998-1410-RUL. Consideration for adoption of amendments
to 30 TAC Chapter 114, Subchapter A, Section 114.1, concerning
Definitions; and new Subchapter H, Section 114.301, concerning Control
Requirements for Reid Vapor Pressure; Section 114.302, concerning
Control Requirements for Sulfur; Section 114.305, concerning Approved
Test Methods; Section 114.306, concerning Recordkeeping Requirements;
Section 114.307, concerning Exemptions; Section 114.308, concerning
Alternative Early Implementation; and Section 114.309, concerning
Affected Counties; and revisions to the State Implementation Plan
regarding these adopted revisions. If adopted, the amendments and new
sections would require volatility controls on gasoline in 95 counties of
eastern and central Texas and sulfur controls on gasoline in 98 counties of
eastern and central Texas. (Bill Jordan/Eddie Mack) (Rule Log No.
98058-114-AI) |
|
| Continued to June 16, 1999 |
|
| Item 44. |
Docket No. 1999-0411-RUL. Consideration for adoption of amendments
to the following sections of 30 TAC Chapter 39, Subchapter A - Public
Notice, Subchapter C - Public Notice of Water Quality Applications; 30
TAC Chapter 281, Subchapter A - Application Processing; and 30 TAC
Chapter 305, Subchapter C - Application for Permit, Subchapter D -
Amendments, Renewals, Transfers, Corrections, Revocation, and
Suspension of Permits: Section 39.5, General Provisions; Section 39.15,
Public Notice Not Required for Certain Types of Applications; Section
39.17, Notice of Minor Amendments; Section 39.151, Application for
Wastewater Discharge Permit, Including Application for the Disposal of
Sewage Sludge or Water Treatment Sludge; Section 281.5, Application
for Wastewater Discharge, Underground Injection, Municipal Solid
Waste, Hazardous Waste, and Industrial Solid Waste Management
Permits; Section 305.48, Additional Contents of Applications for
Wastewater Discharge Permits; Section 305.62, Amendments; and
Section 305.71, Basin Permitting. If adopted, the rules will amend and
clarify existing notice provisions and other requirements for certain new
TPDES permits. The rules will also amend the minor amendments
provisions of the rules to provide for three levels of amendments for
TPDES permits and will amend the notice provisions relating to those
minor amendments. The proposed text was published in the April 9, 1999
issue of the Texas Register (24 Tex. Reg. 2841-46, 2858-65). (Rule Log
No. 99003-39-WT) |
|
| Approve Adoption with corrections, JB/RM. All Commissioners Agree |
|
|
EXECUTIVE SESSION |
|
| Item 45. |
Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A
CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL
DISCUSS PENDING OR CONTEMPLATED LITIGATION,
SETTLEMENT OFFERS, AND/OR THE APPOINTMENT,
EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION
EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open
Meetings Act, codified as Chapter 551 of the Government code. No final
action, decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of further
notice issued in accordance with Chapter 551 of the Government Code. |
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| Item 46. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A
CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND
RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT,
CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The
Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter
551 of the Government Code. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE
TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR
SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE
DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR
BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE
OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO
(2) WORK DAYS PRIOR TO THE AGENDA, SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS
TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS
IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL
9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE
REGISTRATION COULD RESULT IN YOUR MISSING THE
OPPORTUNITY TO COMMENT ON YOUR ITEM. |
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