| |
INDUSTRIAL HAZARDOUS WASTE |
|
| Item 1. |
Docket No. 2002-0272-IHW. Consideration of a Correction Action Management
Unit (CAMU) Order requiring certain actions of Chevron Products Company, A
Division of Chevron U.S.A. Inc in El Paso County; ISWR No. 30605. The CAMU
order would authorize Chevron to construct, operate and close a CAMU. This CAMU
Order is in addition to, and does not amend or modify, the Agreed Order entered into
between Chevron and Texas Water Commission (TWC) in 1988 or Permit No HW
50159-000, issued by the TWC in 1988 and amended in 2000. This CAMU Order is
limited to the construction, operation and closure of the CAMU. The post-closure
care of the CAMU will be subject to applicable and appropriate subsequent approvals
from the TNRCC and if applicable, the U.S. Environmental Protection Agency (EPA).
(Amerin Francis-Whisnant/Bill Crolley) |
|
| Approve Order as recommended by staff, RM/RH. All Agree |
| |
| |
AGRICULTURAL ENFORCEMENT AGREED ORDERS |
|
| Item 2. |
Docket No. 2001-0600-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Burt Farms, Inc. in Lamar
County; TNRCC Permit No. None; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Carolyn V. Lind, David Van Soest) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 3. |
Docket No. 2001-0654-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gary Viss dba Gary Viss
Dairy in Tom Green County; Water Quality Permit No. 0003186-000; for water
quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code
chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission.
(Mark Newman, David Van Soest) |
| |
| Issue agreed order, RH/RM. All Agree |
|
| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 4. |
Docket No. 2001-0033-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sid Richardson Gasoline,
Ltd. in Ward, Winkler, and Pecos Counties; Air Account Nos. WC-0014-E,
WM-0003-T, PE-0009-M; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Dan Landenberger, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 5. |
Docket No. 2001-1107-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Equistar Chemicals, LP in Harris County; Air
Account No. HG-1996-R; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Tel Croston, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 6. |
Docket No. 2001-1092-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against TransTexas Gas Corporation in Zapata County;
Air Account No. ZA-0098-M; for air quality violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (Sheila Smith, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 7. |
Docket No. 2001-0936-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against EEX Power Systems in Nolan County; Air Account
No. ND-0054-G; for air quality violations pursuant to Tex. Health & Safety Code ch.
382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Carolyn Easley, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 8. |
Docket No. 2001-1236-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Leif Johnson Ford, Incorporated in Travis
County; Air Account No. TH-0782-R; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Sheila Smith, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 9. |
Docket No. 2001-0743-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Temple-Inland Forest
Products Corporation in Sabine County; TNRCC Air Account No. SA-0005-N; for
air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Laura Clark, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 10. |
Docket No. 2001-0946-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Chester R. Upham, Jr. and Chester R. Upham, III
dba Upham Oil & Gas Company in Wise County; Air Account No. WN-0028-P;
for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Carl Schnitz, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| |
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 11. |
Docket No. 2001-0747-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Eurecat U.S. Incorporated
in Harris County; Hazardous Waste Permit No. HW-50369-001 and Solid Waste
Registration No. 34730; for industrial & hazardous waste violations pursuant to Tex.
Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Rebecca Johnson, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 12. |
Docket No. 2001-0925-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of E.I. Du Pont de Nemours
and Company, Inc. in Orange County; Air Account No. OC-0007-J and PWS No.
1810114; for air quality and drinking water quality violations pursuant to Tex. Health
& Safety Code chs. 341 and 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Laura Clark, Suzanne Walrath) |
|
| Issue agreed order, RM/KW. Chairman Huston absent for this item |
| |
| |
MUNICIPAL WASTE ENFORCEMENT AGREED ORDER |
|
| Item 13. |
Docket No. 2001-0446-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bastrop County Water
Control and Improvement District No. 3 in Bastrop County; TPDES Permit No.
12963-001 and WQ Permit No. 12963-001 (Expired); for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Terry Murphy, David Van Soest) |
|
| Issue agreed order, RM/KW. Chairman Huston absent for this item |
| |
| |
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 14. |
Docket No. 2001-1194-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mission Petroleum Carriers, Inc. in Bexar County;
TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Thomas E. Jecha, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 15. |
Docket No. 2001-0941-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Silverleaf Resorts, Inc. dba Ascension Resorts,
LTD in Smith County; PST Facility ID No. 59508; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Carolyn V. Lind, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 16. |
Docket No. 2001-0956-PST-E. Consideration of an Agreed Order assessing
administrative penalties against RNRS Corporation dba Parkway Mobil Mart 3 in
Collin County; PST Facility ID No. 0017753; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Bradley Brock, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 17. |
Docket No. 2001-0551-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Nguyen-Pham Corporation
and Najem Elahmad dba Pit Road Food Store in Harris County; PST Facility ID
No. 0061714; for petroleum storage tank violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Catherine Sherman, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 18. |
Docket No. 2001-0965-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Fuel & Enterprises, Inc. dba Tiger Mart #20 in
Ellis County; Petroleum Storage Tank Facility ID No. 0072839; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Steven Lopez, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 19. |
Docket No. 2001-1114-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Fort Worth Star-Telegram in Tarrant County;
Petroleum Storage Tank Facility ID No. 0053136; for petroleum storage tank
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission. (Tom
Jecha, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| Item 20. |
Docket No. 2001-0829-PST-E. Consideration of an Agreed Order assessing
administrative penalties against United Petroleum Transports, Inc. in Tarrant
County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Gilbert Angelle, Gloria Stanford) |
|
| Issue agreed order, RH/KW. All Agree |
| |
| |
PUBLIC WATER SYSTEMS AGREED ENFORCEMENT ORDERS |
|
| Item 21. |
Docket No. 2001-0499-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Point in Rains
County; Public Water Supply ID No. 1900004; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Elnora Moses, David Van Soest) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 22. |
Docket No. 2001-0826-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Silver Creek Village Water
Supply Corporation in Burnet County; Public Water Supply No. 0270021 and CCN
No. 11709; for drinking water quality violations pursuant to Tex. Health & Safety
Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Lawrence King, David Van Soest) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 23. |
Docket No. 2001-0314-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Phil Clemente dba
Northeast Mobile Home Park in Denton County; Public Water Supply No.
0610090; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Wendy Cooper, David Van Soest) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 24. |
Docket No. 2001-0869-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Basell USA, Inc. in Harris County; Public Water
Supply ID No. 1011568; for drinking water quality violations pursuant to Tex. Health
& Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Chris Friesenhahn, David Van Soest) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 25. |
Docket No. 2000-1456-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Cisco in Eastland
County; Public Water Supply ID No. 0670001; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (George Ortiz, David Van Soest) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| Item 26. |
Docket No. 2001-0968-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Town & Country Food
Stores, Inc. in Lubbock County; Public Water Supply ID No. 1520179; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Gary Shipp, David Van
Soest) |
|
| Issue agreed order, RM/KW. All Agree |
| |
| |
MISCELLANEOUS AGENDA ITEM |
|
| Item 27. |
Docket No. 2002-0192-MIS. Consideration of gifts and donations of $500.00 or
more in value given to the TNRCC, submitted for approval in accordance with
Chapter 575 to the Government Code, concerning acceptance of gifts by certain state
agencies. (Elizabeth West) |
|
| Approve Staff Recommendation, RH/RM. All Agree |
|
|
RULE MATTERS |
|
| Item 28. |
Docket No. 2002-0153-RUL. Consideration for publication of, and hearing on, the
following proposed amended sections of 30 TAC Chapter 291, Utility Regulations,
Subchapter A, General Provisions, Section 291.8; Subchapter B, Rates, Rate Making,
and Rates/Tariff Changes, Sections 291.21, 291.22, 291.24, 291.26, 291.28, 291.29,
291.31, 291.32, and 291.34; Subchapter E, Customer Service and Protection, Sections
291.81, 291.82, 291.85, 291.87, and 291.88; Subchapter G, Certificates of
Convenience and Necessity, Section 291.113; and Subchapter H, Utility Submetering
and Allocation, Sections 291.122 and 291.127. |
|
|
The proposed changes implement legislation regulating public utilities from House
Bill (HB) 2404; HB 2912, Sections 3.10 and 20.01; Senate Bill (SB) 2, Section 2.53,
Article 9, Sections 10.01, 10.03 - 10.07; and SB 352. The proposed amendments also
address statutory changes made by HB 924 and SB 1444 concerning the authority of
districts and water supply corporations to require easements. Minor changes are also
proposed to correct citations affected by other rule changes, reformat, and reword for
clarity. (Joseph Thomas) (Rule Log No. 2001-061-291-WT) |
|
| Approve publication and hearings, RH/RM. All Agree |
| |
| Item 29. |
Docket No. 2001-1019-RUL. Consideration for adoption of the following new
section of 30 TAC Chapter 20, Rulemaking, Section 20.4, Indexing, Cross-Indexing,
and Availability of Certain Documents. |
|
|
The adoption would implement Texas Government Code, Section 2001.004,
Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions. This
adopted new section would define and clarify procedures for indexing and
cross-indexing rules; written statements of policy or interpretations that are prepared,
adopted, or used by the agency in discharging its functions; and final orders,
decisions, and opinions. The proposed rules were published in the November 9, 2001
issue of the Texas Register (26 TexReg 9031). (Debra Barber, John Williams) (Rule
Log No. 2000-058-020-AD) |
|
| Approve Adoption, RH/RM. All Agree |
| |
| Item 30. |
Docket No. 2002-0179-RUL. Consideration for publication of the following
proposed new and amended sections of 30 TAC Chapter 328, Waste Minimization
and Recycling; Chapter 330, Municipal Solid Waste; and Chapter 332, Composting. |
|
|
|
Amended: |
|
Section 328.8 |
Recordkeeping and Reporting Requirements |
|
Section 330.2 |
Definitions |
|
Section 332.3 |
Applicability |
|
Section 332.4 |
General Requirements |
|
Section 332.23 |
Operational Requirements |
|
Section 332.33 |
Required Forms, Applications, Reports, and Request to Use
the Sludge Byproduct of Paper Production |
|
Section 332.43 |
Required Forms, Applications, and Reports |
|
|
New: |
|
Section 328.2 |
Definitions |
|
Section 328.3 |
General Requirements |
|
Section 328.4 |
Limitations on Storage of Recyclable Materials |
|
Section 328.5 |
Reporting and Recordkeeping Requirements |
|
|
These new and amended sections would address the requirements of House Bill 2912,
Article 9, Section 9.03, 77th Legislature, 2001, by amending Chapter 328 to establish
the justification for recycling facility exemptions from registration and permit
requirements under Chapter 330; amending Chapter 330 to add the term
source-separated recyclable material and amending the term storage; and amending
Chapter 332 to establish the requirements for recordkeeping, reporting requirements,
and limitations on the storage of recyclable material. (Michael Bame, Ada Lichaa,
John Williams) (Rule Log No. 2001-081-328-WS) |
|
| Continued to April 10, 2002 |
| |
| Item 31. |
Docket No. 2002-0152-RUL. Consideration for publication of proposed amendments
to the following sections of 30 TAC Chapter 293, Water Districts, Subchapter A,
General Provisions, Section 293.1; Subchapter B, Creation of Water Districts, Section
293.11; Subchapter E, Issuance of Bonds, Sections 293.42, 293.44, 293.46, 293.47,
293.51, 293.56, and 293.59; Subchapter G, Other Actions Requiring Commission
Consideration for Approval, Sections 293.81 and 293.89; Subchapter I, District Name
Changes and Posting Signs, Section 293.103; Subchapter K, Fire Department Projects,
Section 293.123; Subchapter N, Petition for Approval of Impact Fees, Section
293.171; Subchapter P, Acquisition of Road Utility District Powers by Municipal
Utility District, Sections 293.201 and 293.202. |
|
|
The commission also proposes new Section 293.113, District and Water Supply
Corporations Authority Over Wastewater Facilities, the re-adoption of Section 293.87,
Application for Extension of Time to Sell Bonds, and the repeal of Section 293.121,
Approval of Fire Department Projects. In addition, the commission is proposing an
amendment of 30 TAC Chapter 50, Action on Applications and other Authorizations,
Section 50.131, Purpose and Applicability. Primarily, the proposed changes to
Chapter 293 would implement Senate Bill (SB) 1444 (relating to the general powers
and authority of water districts; providing penalties), which amended Texas Water
Code, Chapters 49 and 54. In addition, the proposed rules would amend Chapter 293
to implement House Bill (HB) 2994 (relating to the approval of certain contracts of
special districts); HB 2912 (relating to the continuation and functions of the Texas
Natural Resource Conservation Commission; providing penalties), Sections 18.01 and
20.02; and SB 2 (relating to the development and management of the water resources
of the state, including the ratification of the creation of certain groundwater
conservation districts; providing penalties), Article 2; 77th Legislature, 2001. The
proposed changes based on these legislative provisions mainly adjust requirements
relating to the administration of water districts and water supply corporations and
commission supervision over their actions. The commission also proposes minor
changes and clarifications regarding issuance of bonds and changes to reflect the new
name of the agency, Texas Commission on Environmental Quality, effective
September 1, 2002. Consistent with SB 1444, the amendment to Section 50.131
would authorize the Executive Director to approve fire department or fire-fighting
services plans. (Randy Nelson, Angela Stepherson, Auburn Mitchell) (Rule Log No.
2001-054-293-WT) |
|
| Publication of proposed amendment, RH/RM. All Agree |
| |
| Item 32. |
Docket No. 2001-1461-RUL. Consideration for adoption of new Sections 114.7,
114.60, 114.62, 114.64, 114.66, 114.68, 114.70, and 114.72 in 30 TAC Chapter 114,
Control of Air Pollution from Motor Vehicles, Subchapters A and C. |
|
|
This rulemaking would implement portions of House Bill 2134, 77th Legislature,
2001, relating to a low income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program. The proposal was published in the January 4, 2002 issue
of the Texas Register (27 TexReg 39). (Hazel Barbour, Snehal R. Patel, Jill Burditt)
(Rule Log No. 2001-035a-114-AI) |
|
| Approve adoption with changes as requested, RH/KW. All Agree |
| |
| Item 33. |
Docket No. 2002-0199-RUL. Consideration for publication of, and hearing on,
proposed amended Section 50.113 of 30 TAC Chapter 50, Action on Applications
and Other Authorizations; amended Section 55.211 of 30 TAC Chapter 55, Requests
for Reconsideration and Contested Case Hearings; Public Comment; new Sections
60.2 and 60.3 of 30 TAC Chapter 60, Compliance History; amended Sections
116.110 and 116.730, new Sections 116.773 and 116.915, and the repeal of Sections
116.11, 116.120 - 116.123, 116.125 and 116.126 of 30 TAC Chapter 116, Control of
Air Pollution Permits for New Construction or Modification; new Section 122.162 of
Chapter 122, Federal Operating Permits; and amended Section 281.21 of 30 TAC
Chapter 281, Applications Processing. |
|
|
These proposed revisions implement House Bill 2912, Section 4.01, 77th Legislature,
2001. The proposed new sections of Chapter 60 would establish the classification and
use of the components of compliance history in agency decisions to issue, renew,
amend, modify, deny, suspend, or revoke a permit and in decisions regarding
enforcement, the use of announced investigations, and participation in innovative
programs. Associated new, amended, or repealed sections in Chapters 50, 55, 116,
122, and 281 would consolidate and make uniform compliance history for all media in
Chapter 60. (Debra Barber, Ann McGinley) (Rule Log No. 2001-071-060-AD) |
|
| Approve publication and hearing with modifications, RH/RM. All Agree |
| |
| Item 34. |
Docket No. 2002-0188-RUL. Consideration for publication of, and hearing on,
proposed amendments to 30 TAC Chapter 288, Water Conservation Plans, Drought
Contingency Plans, Guidelines and Requirements, Section 288.1 and Section 288.4;
Chapter 295, Water Rights, Procedural, Sections 295.9, 295.13, 295.31, 295.32,
295.51, 295.71, 295.72, 295.133, 295.202; and Chapter 297, Water Rights,
Substantive, Sections 297.1, 297.15, 297.18, 297.21, 297.41 - 297.43, 297.51, 297.52,
297.61, 297.71, 297.73, 297.74, and 297.104. |
|
|
The proposed amendments implement House Bill 247 and Senate Bill 2, Sections 2.01
- 2.13, 2.15, 4.03, and 4.17, 77th Legislature, 2001. The proposed amendments revise
and add definitions; make revisions necessary to implement the change from irrigation
use to the more broad agricultural use; revise the procedural rules for cancellation of
water rights; exempt certain water right applications from the onetime use fee; revise
the permit exemption for domestic and livestock reservoirs; add a permit exemption
for certain fish and wildlife management reservoirs; and require persons to timely
complete and return groundwater or surface water surveys conducted by the Texas
Water Development Board in order to be eligible to obtain water right permits, permit
amendments, or permit renewals from the commission. (Todd Chenoweth, Robin
Smith, Jill Burditt) (Rule Log No. 2001-031-297-WT) |
|
| Approve publication & hearing, RH/KW. Marquez Absent |
|
| Item 35. |
Docket No. 2001-1411-RUL. Consideration for publication of proposed new and
amended sections of 30 TAC Chapter 205, General Permits for Waste Discharges;
Chapter 281, Application Processing; Chapter 305, Consolidated Permits; Chapter
319, General Regulations Incorporated into Permits; and the repeal of Subchapter K,
Criteria and Standards for Best Management Practices Authorized under the Clean
Water Act, Section 304(e) of Chapter 308, Criteria and Standards for the National
Pollutant Discharge Elimination System. |
|
|
The principal purpose of these proposed revisions to Chapters 205, 281, 305, 308, and
319 is to conform commission rules to United States Environmental Protection
Agency (EPA) regulations under the federal Clean Water Act (CWA), either by
incorporating the federal regulations by reference or by introducing language into
commission rules that correspond to federal regulations. With the exception of a
clarifying amendment to Section 319.11, these proposed changes would maintain
equivalency with EPA regulations in order to continue delegated National Pollutant
Discharge Elimination System permitting authority under the CWA. (Curtis Seaton,
Michael Hughes, Auburn Mitchell) (Rule Log No. 2001-023-305-WT) |
|
| Approve staff recommendations, RM/RH. All Agree |
|
|
EXECUTIVE SESSION |
|
| Item 36. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the Commission's Executive Director, as permitted by Section 551.074
of the Texas Open Meetings Act, 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. |
|
| No Action Taken |
|
| Item 37. |
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. The Commission may also meet in open
session to take action on a legal or personnel matters considered in the closed meeting
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
|
| Approve the General Counsel to work with the Attorney General to intervene into the suit entitled
Public Citizen Inc. et al vs Greg Cooke et al Cause No. 260154 in the Fifth Court Circuit of Appeals
regarding Title 5, RH/RM. All Agree |
|
| Item 38. |
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. |
|
| No Action Taken |
|
|
(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 THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
|
|
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. |