| Item 1. | 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. | ||||
| Commission did not meet in Executive Session | |||||
| Item 2. | 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. | ||||
| Commission did not meet in Executive Session | |||||
| Item 3. | 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. | ||||
| Commission did not meet in Executive Session | |||||
OLD BUSINESS AGENDA
| Item carried forward from Agenda of May 22, 2002. | ||
| Item 1. | Docket No. 2002-0584-IHW-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on May 1, 2002 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5, Tex. Health & Safety Code ch. 361, and 30 Tex. Admin. Code ch. 35 requiring The Estate of Dae Kim dba Bell Dry Cleaners and Henry T.T. Lucky, Inc. as owners and/or operators of a dry cleaning facility located in Houston, Harris County to clean up and contain tetrachloroethylene groundwater contamination and to ensure public health and safety. (Rebecca Nash Petty) | |
| Continued to July 24, 2002. | ||
| Item carried forward from Agenda of June 5, 2002. | ||
| Item 2. | Docket No. 2002-0326-WR. Consideration of the application of Kenneth and Betty Yvon Lesley to amend Certificate of Adjudication No. 12-2221 which authorizes the applicant to divert and use not to exceed 18 acre-feet of water per annum from the North Bosque River, tributary of the Bosque River, tributary of the Brazos River, Brazos River Basin to irrigate 25 acres out of a 36 acre tract in the J.B. Dupuy Survey, Abstract No. 197 approximately 3 miles south of Stephenville in Erath County. The applicants seek to amend Certificate of Adjudication No. 12-2221 to authorize the diversion and use of an additional 82 acre-feet of water per annum, to increase the diversion rate from 1.0 cubic-feet-per-second (CFS) [450 gallons-per minute (GPM)] to 1.78 CFS (800 gpm) and to add an additional 79 acres of land to be irrigated. The Commission will consider the hearing requests on this application and issuance of the permit. (Robin Smith, David Koinm) | |
| Remanded to Executive Director | ||
| Item carried forward from Agenda of June 5, 2002. | ||
| Item 3. | Docket No. 1999-1569-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kansas City Southern Railway Company in Jefferson County; TNRCC ID No. 02722; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robert Hernandez) | |
| Continued to August 7, 2002, RM/RH. All Agree | ||
| Item carried forward from Agenda of June 5, 2002. | ||
| Item 4. | Docket No. 2002-0621-RUL. Consideration for publication of, and hearing on, the following: proposed amendments to 30 TAC Section 101.24, Inspection Fees; Section 101.27, Emissions Fees; Section 116.141, Determination of Fees; Section 116.143, Payment of Fees; Section 116.163, Prevention of Significant Deterioration Permit Fees; Section 116.313, Renewal Application Fees; Section 116.614, Standard Permit Fees; Section 116.750, Flexible Permit Fee; and Section 116.1050, Multiple Plant Permit Application Fee; and new Section 106.50, Registration Fees for New Permits by Rule; and corresponding revisions to the state implementation plan. | |
| The proposed rules would increase inspection fees, emissions fees, air permit, renewal, and amendment fees. The proposed rules would also assess a new fee on new permit by rule (PBR) registrations. These increases are necessary to provide sufficient funding to meet the current appropriation levels for air program activities and to meet operational funding requirements for the Title V programs of the commission. (Derek Chapin, Chris Hayden, Kerri Rowland, Debi Dyer) (Rule Log No. 2002-041-116-AI) | ||
| Approve publication and hearing, with instructions to staff, RM/RH. Commissioner White voted No. | ||
HUSTON
MARQUEZ
WHITE
HEARING REQUESTS Item
1.
Docket No. 2002-0652-AIR. Consideration of application by H&B Contractors,
Inc. for the amendment of Air Quality Permit No. 2345 to authorize the replacement
of an existing hot mix asphalt plant with a new updated plant with increased
production capacity. The plant site is located at 2017 East Tinsley Road, Waco,
McLennon County, Texas. The Commission will also consider requests for hearing
or reconsideration, related responses and replies, public comment, and the Executive
Director's Response to Comments. (Mike Gould, Garrett Arthur) Grant hearing request of John Angerman and petitioners, with the exception of Watson. Allow
Alternative Dispute Resolution Office 4 to 6 weeks to mediate before referral to State Office of
Administrative Hearings, if mediation fails forward to State Office Administrative Hearings only the
issue of the adverse impact of air emissions from the proposed facility on the health of the requesters
or their family members residing with them or their use and enjoyment of their property, and allow 6
months for duration of hearing. RM/RH. All Agree Item
2.
Docket No. 2002-0684-DIS. Consideration of an application by Walker County
Rural Water Supply Corporation to convert to a special utility district operating
under Tex. Water Code chs. 49 and 65. The proposed district will include 281 square
miles of territory located in Walker County, Texas. The Commission will also
consider hearing requests and related response and replies. Internal Control No.
04242001-DO1. (Geoff Kirshbaum, Fred Radloff) Deny hearing request and approve conversion, RH/KW. All Agree Item
3.
Docket No. 2002-0653-MSW. Consideration of permit application no. MSW 2289
by the City of Hereford for a permit for a new type I-AE municipal solid waste
landfill facility. The permit will authorize the City of Hereford to construct a landfill
that will accept municipal solid waste from municipal, community, commercial,
industrial and recreational activities; municipal solid waste resulting from
construction or demolition projects; and approved special wastes. The facility is to be
located on a 102.7-acre site located approximately 4.9 miles northeast of the city
limits of Hereford, in Deaf Smith County, Texas. The Commission will also
consider requests for hearing or reconsideration, related responses and replies, public
comment and the Executive Director's Response to Comments. (Hans Mueller, John
Williams) Grant hearing requests and remand to State Office Administrative Hearings on issues of risks of
contamination of ground and surface waters; rules for arid exemptions and the need for a liner were
properly applied; whether the application correctly and adequately evaluated the geology and
groundwater hydrology of the proposed site; whether the application has adequately addressed the
increased risks of bird strikes due to the proximity of the proposed facility to an airport; whether the
proposed site is compatible with neighboring land uses; whether the application adequately addresses
location restrictions, including unstable areas, faults, wetlands, and floodplains; whether the
application provides for proper design of the facility, including concerns about lack of liner,
groundwater and methane monitoring, methane controls, leachate collection, stormwater controls and
design of slopes; whether the application adequately and correctly evaluated surface water conditions;
whether the application has proposed adequate drainage controls to protect surrounding land and
assure historic levels of runoff and whether the requesters' use and enjoyment of their properties will
be adversely impacted by odors, windblown waste, and dust. KW/RH. All Agree
DISTRICT MATTER Item
4.
Docket No. 1999-0474-DIS. Consideration of the Application of Engelman
Irrigation District of Hidalgo County's Request to Proceed into Bankruptcy under
the Federal Bankruptcy Code. The District's Application was submitted to the
Commission Pursuant to V.T.C.A., Tex. Water Code Section 49.456. (TNRCC
Internal Control No. 03191999-D01, Diego Abrego) Deny request to proceed into bankruptcy and direct district to exercise its full rights and powers to
meet its obligations, and refer to State Office of Administrative Hearings to determine facts and any
limitations in law with regard to the payment of the District's obligations, with the hearing duration to
be 3 months from preliminary hearing to issuance of a proposal. RH/KW. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER Item
5.
Docket No. 2001-1294-AGR-E. Consideration of an Agreed Order assessing
administrative penalties against Paul Van Leeuwen and Harry Van Kranenburg
dba Double V Dairy in Erath County; Water Quality Permit No. 04024; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Gilbert Angelle, Tel Croston) Issue agreed order, RH/RM. Commissioner White absent for this vote.
AIR QUALITY ENFORCEMENT AGREED ORDERS Item
6.
Docket No. 2001-0980-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against A-B Holdings, L.L.C. dba Exxon Travel Center in
Wilbarger County; Air Account No. WI-0036-U; 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. (George Ortiz, Tel Croston) Issue agreed order, RH/RM. All Agree Item
7.
Docket No. 2001-1462-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Atlas Roofing Corporation in Morris County; Air
Account No. MS-0003-S; 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 V. Lind, Tel Croston) Issue agreed order, RH/RM. All Agree Item
8.
Docket No. 2001-1226-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Dallas Woodcraft Company, L.P. in Dallas
County; Air Account No. DB-0259-E; 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. (Judy Fox, Tel Croston) Issue agreed order, RH/RM. All Agree Item
9.
Docket No. 2001-1365-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Direct Fuels, L. P. in
Tarrant County; Air Account No. TA-0274-D; 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, Tel Croston) Issue agreed order, RH/RM. All Agree Item 10.
Docket No. 2001-1124-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wynn-Crosby Energy, Inc.
in Hidalgo and Starr Counties; Air Account Nos. HN-0308-F and SM-0041-U; 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.
(Sandra Hernandez, Tel Croston) Issue agreed order, RH/RM. All Agree Item 11.
Docket No. 2000-0389-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of Leedo
Manufacturing Company in Wharton County; TNRCC Air Account No.
WF-0046-E; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of
the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the
Texas Natural Resource Conservation Commission. (Shannon Strong) Issue agreed order, RH/RM. All Agree Item 12.
Docket No. 2000-0566-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of K&K Tank Cleaning
Systems, Incorporated in Tarrant County; TNRCC ID No. TA-3090-R; for air
quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health &
Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (Shannon Strong) Issue agreed order, RH/RM. All Agree Item 13.
Docket No. 2001-1201-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Petro Source Carbon Company in Pecos and
Terrell Counties; Air Account Nos. PE-0050-P, PE-0098-K, PE-0260-C and
TC-0001-S ; 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, Tel Croston) Issue agreed order, RH/RM. All Agree Item 14.
Docket No. 2001-1546-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Plains Marketing, L.P. in Winkler County; Air
Account Nos. WM-0038-A and WM-0039-V; 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, Tel Croston) Issue agreed order, RH/RM. All Agree Item 15.
Docket No. 2001-1032-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Praxair, Inc. in Harris County; Air Account No.
HG-0982-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. (John Mead, Tel Croston) Issue agreed order, RH/RM. All Agree Item 16.
Docket No. 2001-1206-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Lee-Var Inc. dba Palmer of Texas in Andrews
County; Air Account No. AB-0023-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. (Dan Landenberger, Tel Croston) Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS Item 17.
Docket No. 2001-1027-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Bludworth Marine L.L.C. dba Vessel Repair in
Jefferson County; Industrial Solid Waste No. 75285; for water quality and industrial
& hazardous waste 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. (Laura Clark, Tel Croston) Issue agreed order, RM/KW. All Agree Item 18.
Docket No. 2001-1432-MLM-E. Consideration of an Agreed Order assessing
administrative penalties against Tranter PHE, Inc. in Wichita County; Air Account
No. WH-0115-L and Solid Waste Registration No. 30386; for air quality and
industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs.
361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (George Ortiz, Tel Croston) Issue agreed order, RM/KW. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS Item 19.
Docket No. 2001-0861-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Cuero in De Witt
County; TPDES Permit No. 10403-002; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Kent Heath, Tel Croston) Issue agreed order, RH/RM. All Agree Item 20.
Docket No. 2001-0645-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of the City of Buda in
Hays County; TNRCC ID No. 11060-001; for water quality violations pursuant to
chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Rebecca Nash Petty) Issue agreed order, RH/RM. All Agree Item 21.
Docket No. 2000-1143-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of the City of Annona in
Red River County; TNRCC TPDES Permit No. 10863-001; for water quality
violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas
Natural Resource Conservation Commission. (Rebecca Nash Petty) Issue agreed order, RH/RM. All Agree Item 22.
Docket No. 2001-0371-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Eldorado in
Schleicher County; TPDES Permit No. 10165-001; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Mark Newman, Tel Croston) Issue agreed order, RH/RM. All Agree
ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED
ORDER Item 23.
Docket No. 1999-0913-OSI-E. Consideration of an Agreed Order requiring certain
actions of Dewayne E. Anderson dba Anderson Wastewater Systems in Hardin
County; TNRCC OSSF Installer II License No. OS2185; for on-site sewage installer
violations pursuant to ch. 366 of the Tex. Health & Safety Code, chs. 7 and 26 of the
Tex. Water Code, and the rules of the Texas Natural Resource Conservation
Commission. (Elisa Roberts) Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS Item 24.
Docket No. 2001-0962-PST-E. Consideration of an Agreed Order assessing
administrative penalties against A N Trading Inc. dba KT Food Mart and Amrin
Enterprises Inc. dba KT Food Mart in Harris County; PST Facility ID No.
0037547; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7
and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Catherine Sherman, Tel Croston) Issue agreed order, RH/RM. All Agree Item 25.
Docket No. 2001-1579-PST-E. Consideration of an Agreed Order assessing
administrative penalties against H & H Oil Co Inc in Ellis 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. (Bill
Davis, Tel Croston) Issue agreed order, RH/RM. All Agree Item 26.
Docket No. 2001-0971-PST-E. Consideration of an Agreed Order assessing
administrative penalties against K W Fuels, Inc. in Mitchell and Scurry Counties;
PST Facility ID Nos. 0068747 and 0071687; 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 Easley, Tel Croston) Issue agreed order, RH/RM. All Agree Item 27.
Docket No. 2001-1320-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Charles E. Perkins, Jr. in Sabine County; PST
Facility ID No. 0032137; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Susan Kelly, Tel Croston) Issue agreed order, RH/RM. All Agree Item 28.
Docket No. 2001-0975-PST-E. Consideration of an Agreed Order assessing
administrative penalties against National Fuels and Lubricants, Inc. in Lubbock
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. (Gary Shipp, Tel Croston) Issue agreed order, RH/RM. All Agree Item 29.
Docket No. 2000-0478-PST-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of EMRA Investments,
Inc. dba Come and Go in Harris County; TNRCC ID No. 0019599; for petroleum
storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules
of the Texas Natural Resource Conservation Commission. (James Biggins) Issue agreed order, RH/RM. All Agree Item 30.
Docket No. 2000-1051-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Abilene Food Mart, Inc. in Taylor County; PST
Facility ID No. 0035043; for petroleum storage tank violations pursuant to chs. 7 and
26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation
Commission. (Darren Ream) Remanded to Executive Director Item 31.
Docket No. 2001-1161-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Westex Capital, Ltd. in Bee County; PST Facility
ID No. 12499; for petroleum storage tank violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Audra Baumgartner, Tel Croston) Issue agreed order, RH/RM. All Agree Item 32.
Docket No. 2001-1529-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Trinidad Cuellar dba West Mart Convenience
Store in Medina County; PST Facility ID No. 38408; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Alita Champagne, Tel Croston) Issue agreed order, RH/RM. All Agree Item 33.
Docket No. 2001-1457-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Wiemers Oil, Inc. in Bandera 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.
(Rebecca Clausewitz, Tel Croston) Issue agreed order, RH/RM. All Agree Item 34.
Docket No. 2001-1514-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Stubbs Petroleum Co., Inc. in Liberty 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. (Kevin Keyser, Tel Croston) Issue agreed order, RH/RM. All Agree Item 35.
Docket No. 2000-0664-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Bay City Ltd. dba Shop N' Go in Harris County;
PST ID No. 0039740; for petroleum storage tank violations pursuant to chs. 7 and 26
of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of
the Texas Natural Resource Conservation Commission. (Darren Ream) Issue agreed order, RH/RM. All Agree Item 36.
Docket No. 2001-1489-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Smith Family Interests, Ltd. dba Petroleum
Distributing of Texas in Waller County; Facility Identification 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. (Jonathan Walling,
Tel Croston) Issue agreed order, RH/RM. All Agree Item 37.
Docket No. 2001-0893-PST-E. Consideration of an Agreed Order assessing
administrative penalties against IHS, Inc. dba IHS Hospital of Lubbock in Lubbock
County; PST Facility ID No. 34487; for petroleum storage tank violations pursuant
to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Mark Newman, Tel Croston) Issue agreed order, RH/RM. All Agree Item 38.
Docket No. 2001-1000-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Farmland Transportation, Inc. in Garza and
Randall Counties; 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. (Gary Shipp, Tel Croston) Issue agreed order, RH/RM. All Agree Item 39.
Docket No. 2001-1565-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Bones London Ijeoma dba Country Haven
Food Mart in Tarrant County; PST Facility ID No. 25183; for petroleum storage
tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Sarah Slocum, Tel Croston) Issue agreed order, RH/RM. All Agree Item 40.
Docket No. 2001-1125-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Chachere Feed Store, Inc. in Liberty County; PST
Facility ID No. 0044948; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Kevin Keyser, Tel Croston) Issue agreed order, RH/RM. All Agree Item 41.
Docket No. 2001-1037-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Boot's Furniture and
Grocery, Inc. dba Little Boot's in Angelina County; PST Facility ID No. 0048745;
for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission. (John Barry, Tel
Croston) Issue agreed order, RH/RM. All Agree Item 42.
Docket No. 2001-1196-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Johnny A. Bailey dba
Bailey's Pump Service in Wichita County; Contractor CRP No. 000656; ILP No.
000883; 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
Easley, Tel Croston) Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS Item 43.
Docket No. 2000-1277-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Alizain Enterprises, Inc. in
Tarrant County; TNRCC ID No. 0017711; for petroleum storage tank violations
pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health and
Safety Code, and the rules of the Texas Natural Resource Conservation Commission.
(Darren Ream) Issue default order, RM/RH. All Agree Item 44.
Docket No. 2001-0211-PST-E. Consideration of a Default Order assessing
administrative penalties against M.N.H. Resources, Inc. dba JR Food Mart in
Harris County; TNRCC ID No. 0035151; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 382, and
the rules of the Texas Natural Resource Conservation Commission. (Kelly Mego) Issue default order, RM/RH. All Agree
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS Item 45.
Docket No. 2001-1030-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Candelaria Water Supply
Corporation in Presidio County; Public Water Supply ID No. 1890011 and CCN
No. None; for drinking water quality violations pursuant to Tex. Health & Safety
Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource
Conservation Commission. (Kevin Smith, Tel Croston) Issue agreed order, RM/RH. All Agree Item 46.
Docket No. 2001-0921-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against and requiring certain actions of VV Water Supply
System, Inc. in Denton County; Public Water Supply ID No. 0610052; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (Jim Biggins) Issue agreed order, RM/RH. All Agree Item 47.
Docket No. 1998-0790-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jim DeGroat dba Rod and
Reel Grille in Llano County; TNRCC ID No. 1500070; for public drinking water
violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the
Texas Natural Resource Conservation Commission. (James P. Biggins) Issue agreed order, RM/RH. All Agree Item 48.
Docket No. 1999-0905-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Quadvest, Inc. in Harris,
Montgomery, and Waller Counties; TNRCC ID Nos. 1011805, 1011806, 1011810,
1700576, 1700577, 1700609, 1700611, 1700624, 1700404, and 2370042; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (James Biggins) Remanded to Executive Director Item 49.
Docket No. 2001-1357-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of West Tawakoni
in Hunt County; Public Water Supply No. 1160012; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Subhash Jain, Tel Croston) Issue agreed order, RM/RH. All Agree Item 50.
Docket No. 2001-0863-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Frederick L. and Mary H.
Hooper dba Seven Oaks Water System in Polk County; Public Water Supply
Facility ID No. 1870127; for drinking water quality violations pursuant to Tex. Health
& Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Laura Clark, Tel Croston) Issue agreed order, RM/RH. All Agree Item 51.
Docket No. 2001-1439-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Highland Park Water
Supply Corporation in Bosque County; Public Water Supply ID No. 0180071; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (James A.
Jackson, Tel Croston) Issue agreed order, RM/RH. All Agree
WATER OPERATOR CERTIFICATION ENFORCEMENT DEFAULT
ORDER Item 52.
Docket No. 2001-0297-WTR-E. Consideration of a Default Order revoking Water
Operator Certification No. 465-19-0219 and requiring certain actions of Janet
Amidon in Burnet County; TNRCC Water Operator No. 465-19-0219; for water
operator violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules
of the Texas Natural Resource Conservation Commission. (Shannon Strong) Issue default order, RH/RM. All Agree
MISCELLANEOUS ITEM Item 53.
Docket No. 2002-0725-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 of the Government Code, concerning acceptance of gifts by certain state
agencies. (Elizabeth West) Approve staff recommendation, RH/RM. All Agree
RULE MATTERS Item 54.
Docket No. 2002-0049-RUL. Consideration for adoption of the rules review and
readoption of 30 TAC Chapter 35, Emergency and Temporary Orders and Permits;
Temporary Suspension or Amendment of Permit Conditions, with the following
amended section:
Section 35.901, Emergency Order Concerning On-Site Sewage Facilities
This review is in accordance with Texas Government Code, Section 2001.039, and
Senate Bill 178, 76th Legislature, 1999, which require state agencies to review and
consider for readoption each of their rules every four years. This proposed review
was published in the March 1, 2002 issue of the Texas Register (27 TexReg 1537).
This revision to Chapter 35 would change both the title of Subchapter L and the
section title for Section 35.901 to reference on-site sewage facilities (OSSFs), rather
than on-site sewage disposal system and amend existing language to clarify that the
commission may issue an emergency order requiring the owner of an OSSF to cease
operation of the OSSF, and the commission may issue an emergency order to suspend
the license of an OSSF installer. The proposed amendment was published in the
March 1, 2002 issue of the Texas Register (27 TexReg 1445). (Debra Barber, Kathy
Brown) (Rule Log No. 2002-007-035-AD) Approve staff recommendation, RH/KW. All Agree Item 55.
Docket No. 2002-0727-RUL. Consideration of publication of the following proposed
amended and new sections of 30 TAC Chapter 39, Public Notice; and Chapter 331,
Underground Injection Control:
Amended:
Section 39.403, Applicability
Section 331.2, Definitions
Section 331.5, Prevention of Pollution
Section 331.7, Permit Required
Section 331.47, Pond Lining
Section 331.121, Class 1 Wells
Section 331.163, Well Construction Standards
New:
Section 331.17, Pre-Injection Units Registration
Section
331.18,
Registration
Application,
Processing,
Notice,
Comment,
Motion to
Overturn
The proposed amended and new sections would provide underground injection control standards and requirements for permitted and registered pre-injection units
associated with Class 1 nonhazardous, noncommercial injection wells. The proposal
includes a new registration process and application, processing, notice, comment, and
other procedural requirements. (Richard Egan, Ray Austin, Devane Clarke) (Rule Log
No. 2000-055-331-WS) Approve publication as recommended by staff, RH/KW. All Agree Item 56.
Docket No. 2002-0411-RUL. Consideration for publication of, and hearing on,
proposed amendments to Subchapter C, Volatile Organic Compound Transfer
Operations; Division 2, Filling of Gasoline Storage Vessels (Stage I) for Motor
Vehicle Fuel Dispensing Facilities; Section 115.227; and Subchapter C; Division 4,
Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing
Facilities; Sections 115.240 - 115.249, of 30 TAC Chapter 115, Control of Air
Pollution from Volatile Organic Compounds. The commission also proposes
revisions to the state implementation plan (SIP) narrative, Stage II Vapor Recovery
Program SIP Revision. The commission proposes to submit these amended rule
sections and revised SIP narrative to the United States Environmental Protection
Agency (EPA) as proposed revisions to the SIP.
These proposed amendments to Chapter 115 require more frequent testing of vapor
recovery systems at gasoline dispensing facilities in lieu of adopting the California
Enhanced Vapor Recovery (EVR) program rules, while continuing to maintain the
federal requirement for a 95% vapor recovery rate. The proposed amendments would
also require that Stage II vapor recovery systems be compatible with onboard
refueling vapor recovery equipment mandated by the federal government. (Ashley
Forbes, Alan Henderson) (Rule Log No. 2002-012-115-AI) Approved for publication and hearing, RM/RH. All Agree Item 57.
Docket No. 2002-0677-RUL. Consideration for publication of the following
proposed repealed and new sections of 30 TAC Chapter 210, Subchapter E, Special
Requirements for Use of Industrial Reclaimed Water:
Repealed
Section 210.51. When Authorization Is Required and How To Obtain It; Effect on
Permitted Discharges.
Section 210.52. Definitions.
Section 210.53. Requirements in Other Subchapters.
Section 210.54. Authorization of Industrial Reclaimed Water Use.
Section 210.55. Record Keeping and Reporting.
New
Section 210.51. Applicability, Purpose, and Scope.
Section 210.52. Definitions.
Section 210.53. Wastes Eligible for Coverage.
Section 210.54. Wastes Not Eligible for Coverage.
Section 210.55. Application Requirements for Authorization.
Section 210.56. Authorization Requirements.
Section 210.57. Sampling & Reporting Requirements.
Section 210.58. Existing Authorizations.
Section 210.59. Executive Director Denial or Suspension Authorization.
Section 210.60. Fees.
This rulemaking would repeal the existing Chapter 210, Subchapter E, which sets out
the requirements that allow a person to reuse industrial wastewater as industrial
reclaimed water and replace it with a new Subchapter E which would clarify the
existing requirements, including clarifying and specifying when an authorization can
be denied; modify existing record keeping requirements; and add the existing fee into
the rule language. Other changes to the new Subchapter E include modifying the
existing: 1) general requirements applicable to producers, providers, and users of
industrial reclaimed water; 2) requirements and specifications for industrial reclaimed
water relating to transfer, storage, and irrigation; 3) requirements and specifications
necessary to minimize the discharge of waste into or adjacent to waters in the state; 4)
specific manner in which industrial reclaimed water may be used; 5) standards for the
quality of industrial reclaimed water; and 6) standards for monitoring, recordkeeping,
and reporting. (Nicole Cuthbertson, Guy Henry, Kathy Ramirez) (Rule Log No.
2002-042-210-WT) Approve publication of rules, RH/KW. All Agree Item 58.
Docket No. 2002-0228-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 33, Consolidated Permit Processing. This review is
in accordance with Texas Government Code, Section 2001.039, added by Acts 1999,
76th Legislature, Chapter 1499, Section 1.11(a), which requires state agencies to
review and consider for readoption each of their rules every four years. The proposal
was published in the March 22, 2002 issue of the Texas Register (27 TexReg 2265).
(Jay Long, Ray Austin) (Rule Log No. 2002-008-033-AD) Approve adoption of rules review and readoption of 30 TAC Chapter 33, RH/RM. All Agree Item 59.
Docket No. 2001-0122-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous
Waste:
Section 335.29 - Adoption of Appendices by Reference
Section 335.67 - Marking
Section 335.322 - Definitions
Section 335.323 - Generation Fee Assessment
The adopted amendments will add three exemption categories for waste generation
fees under Section 335.323, including conditional exemptions for characteristically
hazardous wastewater transported via hardpiping to a publicly-owned treatment works
(POTW) for treatment; Class 1 industrial wastewater transported via hardpiping to a
POTW for treatment; and hazardous wastewater generated due to de minimis losses of
commercial chemical products at certain facilities and discharged on-site in
accordance with a Texas Pollutant Discharge Elimination System permit or
transported via hardpiping to a POTW. The adopted amendments to Section 335.29
will reference recent federal amendments to Appendix VII and Appendix VIII of 40
Code of Federal Regulations Part 261, as promulgated in the November 8, 2000
publication of the Federal Register (65 FR 67068). The adopted amendment to
Section 335.322 will add a new definition of terminal operation. The adopted
amendments to Section 335.67 will reinsert text describing certain requirements for
hazardous waste container labeling which was inadvertently deleted in a previous
rulemaking. The proposed rules were published in the March 15, 2002 issue of the
Texas Register (27 TexReg 1984). (Michael Bame, Don Redmond, Tom Weirich)
(Rule Log No. 2001-103-335-WS) Approve adoption, RH/KW. All Agree Item 60.
Docket No. 2002-0060-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 213, Edwards Aquifer:
Section 213.4 - Application Processing and Approval
Section 213.23 - Plan Processing and Approval
These adopted revisions to Chapter 213 will provide for a 30-day comment period for
contributing zone plans under Subchapter B (House Bill 2912, Section 10.04) and
change the number of copies required to be submitted for Edwards Aquifer protection
plans under Subchapters A and B; eliminate the 16th-day approval of a contributing
zone plan provision under Subchapter B and replace with a 90-day approval process;
and move the section on grounds for denying a contributing zone application under
Subchapter B to proposed Section 213.23(e). The proposed rules were published in
the March 1, 2002 issue of the Texas Register (27 TexReg 1449). (Kathy Ramirez,
Julie Talkington, Snehal R. Patel) (Rule Log No. 2001-086-213-WT) Approve adoption, RH/KW. All Agree
EXECUTIVE SESSION Item 61.
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. Commission met in Executive Session, no action taken Item 62.
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. Commission met in Executive Session, no action taken Item 63.
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. Commission met in Executive Session, 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.
| Item 64. | Docket No. 2002-0824-RUL. Consideration of withdrawal of proposed new Section 115.741, regarding Emission Specifications, which appeared in the June 21, 2002 issue of the Texas Register (27 TexReg 5394). | |
| Consideration for publication of, and hearing on, the proposed new Section 115.741 in new Division 2, Flares; Subchapter H, Highly-Reactive Volatile Organic Compounds; of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; and corresponding revisions to the state implementation plan (SIP). This proposed new section would replace the currently proposed section (27 TexReg 5394) which is now proposed to be withdrawn. | ||
| This proposed new section is a revision to the source control requirements which are already included within the federally approved SIP for the Houston/Galveston (HGA) ozone nonattainment area. The proposed new section will only apply in the HGA ozone nonattainment area. (Eddie Mack, Brad Oehler, Alan Henderson) (Rule Log Number 2002-046d-115-AI). | ||
| Approve withdrawal of proposed new Section 115.741 and approve publication and hearing on new Section 115.741, RH/KW. All Agree | ||
| Item 65. | Docket No. 2002-0825-RUL. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Houston/Galveston (HGA) ozone nonattainment area. The proposed SIP includes a revision to the industrial, commercial, and institutional source control requirements which are already included within the federally approved SIP for the HGA area. Specifically, the revision concerns the emission rate for all highly-reactive volatile organic compounds emitted from each flare at an account, as proposed by the commission on June 5, 2002. (Kelly Keel, Alan Henderson) (Rule Log Number 2002-046c-SIP-AI) | |
| Reposted as #66 | ||
| Item 66. | Docket No. 2002-0825-RUL. Consideration for publication of, and hearing on, a proposed revision to the state implementation plan (SIP) concerning the attainment demonstration for the Houston/Galveston (HGA) ozone nonattainment area. The proposed SIP includes a revision to the industrial, commercial, and institutional source control requirements which are already included within the federally approved SIP for the HGA area. Specifically, the revision concerns the emission rate for all highly-reactive volatile organic compounds emitted from each flare at an account, as proposed by the commission on June 5, 2002. The proposed revision would also clarify an enforceable commitment regarding the Voluntary Mobile Emission Reduction Program (VMEP). (Kelly Keel, Alan Henderson) (Rule Log Number 2002-046c-SIP-AI) |
| New Roman">Approve publication and hearing, RH/KW. All Agree | |
| Item 1. | TNRCC Docket No 2000-1223-UCR, 1999-1216-UCR; SOAH Docket No. 582-01-1618. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Mustang Water Supply Corporation to obtain a Sewer Certificate of Convenience and Necessity (Application No. 33075-C) and the application of Town of Little Elm to obtain a Certificate of Convenience and Necessity (Application No. 32565-C), for Sewer Utility in Denton County, Texas. | ||||
| Deny Motion to Reopen Record, RH/RM. All Agree. Adopt Administrative Law Judges Proposal for Decision and Order, with corrections to be made to Finding Of Fact #45, RH/KW. All Agree | |||||
| ____________s/s__________________ 6/28/2002 | |||||
| Elaine Adams, Asst. General Counsel (Date) | |||||