OLD BUSINESS AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of October 7, 1998.
Item 1. Docket No. 98-1104-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities, and Subchapter O, concerning Land Disposal Restrictions. The proposed rules would update the commission's hazardous waste rules to address certain changes to the federal hazardous waste regulations promulgated between May 4, 1998 and August 10, 1998, primarily relating to the definition of solid waste and to hazardous waste land disposal restrictions. (Ray Austin) (Rule Log No. 98041-335-WS)
See Item #21
Item carried forward from Agenda of October 7, 1998.
Item 2. Docket No. 98-0879-AIR. Rehearing of the Commission's August 26, 1998 decision concerning the application by Koch Carbon, Inc. for Air Quality Permit No. 9892A and related hearing request. (Nueces County)
Deny Rehearing, RM/JB. All Commissioners Agree
Item carried forward from agenda of October 21, 1998
Item 3. Docket No. 98-1102-MWD. WINDERMERE OAKS WATER SUPPLY CORPORATION has applied to the Texas Natural Resource Conservation Commission (TNRCC) for an amendment of Permit NO. 11694-001 to increase flow (the application was processed as a renewal since all the technical information needed for an amendment was not completed). The permit will authorize the disposal of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 40,000 gallons per day via irrigation of 24 acres of land. The wastewater treatment facilities and disposal site are located approximately 13 miles east of the intersection of State Highway 71 and U.S. Highway 281 in Burnet County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Deny Hearing Requests, and issue amendment to permit, JB/RM. All Commissioners Agree
Item carried forward from Agenda of October 21, 1998.
Item 4. Docket No. 98-0993-AIR. TXI Operations, Inc. for a renewal and amendment to Air Quality Permit No. 1360A. The renewal is to continue operation of for Four Wet Process Cement Kilns. The amendment is for authorization to construct a new dry process cement kiln. The location of the existing facility is located at 245 Ward Road in Midlothian, Ellis County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Scott Humphrey/Paul Decuitiis)
Deny Hearing Request and Issue Renewal and Amendment, JB/RM. All Commissioners Agree


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of October 23, 1998.
Item 5. Docket No. 98-1185-RUL Consideration for adoption of new 30 Texas Administrative Code (TAC) Chapter 7, Section 7.118; amendments to Chapter 305, Section 305.521; new Chapter 331, Section 331.16; amendments to Chapter 336, Section 336.11; and amendments to Texas Department of Health 25 TAC Section 289.101, concerning Memorandum of Understanding Between the Texas Department of Health and the Texas Natural Resource Conservation Commission Regarding Radiation Control Functions. The adopted memorandum of understanding and related actions further implement the Senate Bill 1857 transfer of jurisdiction over the licensing authority for the recovery and processing of source material and disposal of by-product material from the commission to the Texas Department of Health. The proposed rules were published in the August 21, 1998 issue of the Texas Register (23 TexReg 8651-8658). (Kathy Vail) (Rule Log No. 97172-007-WS).
See Item # 22
Item carried forward from Agenda of October 23, 1998.
Item 6. Docket No. 98-0418-RUL. Consideration for adoption of new 30 TAC Chapter 35, concerning Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions, and revisions to the State Implementation Plan; and for adoption of amendments to 30 TAC Chapter 116, concerning Control of Air Pollution by Permits for New Construction or Modification, and revisions to the State Implementation Plan; 30 TAC Chapter 291, concerning Water Rates; 30 TAC Chapter 297, concerning Water Rights, Substantive; 30 TAC Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 321, concerning Control of Certain Activities by Rule; and 30 TAC Chapter 334, concerning Underground and Aboveground Storage Tanks. The primary purpose of the new chapter and amendments is to consolidate the commission rules concerning emergency and temporary orders. This action is part of the commission's implementation of Senate Bills 1 and 1876, 75th Legislature, 1997. The proposed rules were published in the July 3, 1998, issue of the Texas Register (23 TexReg 6899). (Robin Smith) (Rule Log No. 97142-035-AD).
Continued to November 18, 1998


CONTESTED AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

AUTHORIZATION TO CONSTRUCT
Item 1. Docket No. 98-1271-MWD. Consideration of a request by COUPLAND WATER SUPPLY CORPORATION for an Order authorizing construction of the treatment lagoons of a wastewater treatment facility in Williamson County, Texas, before Commission consideration of its application for a wastewater discharge permit under sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment facility. (Monique Norman/Phillip Urbany)
Withdrawn
Item 2. Docket No. 98-1285-MWD. Consideration of a request by the DONNA INDEPENDENT SCHOOL DISTRICT for an Order authorizing construction of a wastewater treatment facility for its Elementary School A and Future School E, in Hidalgo County, Texas, before Commission consideration of its application for a wastewater no-discharge permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Monique Norman, Julian Centeno)
Approve Authorization to Construct, RM/JB. All Commissioners Agree
Item 3. Docket No. 98-1284-MWD. Consideration of a request by the DONNA INDEPENDENT SCHOOL DISTRICT for an Order authorizing construction of a wastewater treatment facility for its Elementary School B, in Hidalgo County, Texas, before Commission consideration of its application for a wastewater no-discharge permit under Sections 26.019 and 26.027(c) of the Texas Water Code. The proposed authorization to construct would not permit the use of the newly constructed wastewater treatment system. (Monique Norman, Julian Centeno)
Approve Authorization to Construct, RM/JB. All Commissioners Agree
DESIGNATION OF SINGLE PROPERTY
Item 4. Docket No. 98-1289-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 American Acryl L.P. and Elf Atochem North America, Inc. in Harris 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, Dana Vermillion)
Approve Petition and Proposed Order, BM/RM. All Commissioners Agree
RESOLUTION
Item 5. Docket No. 98-1184-RES. Commission consideration of a resolution appointing Dr. Gerald Jurica as Atmospheric Science Member to the Commission's Weather Modification Advisory Committee.
Approve Resolution with Change, JB/RM. All Commissioners Agree
AIR ENFORCEMENT AGREED ORDERS
Item 6. Docket No. 98-0252-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Diamond Shamrock Refining and Marketing Company in El Paso County; Account Nos. EE-0801-B, EE-0849-T, EE-0934-E, EE-0935-C, EE-0943-D, EE-0944-B, EE-0945-W, EE-0946-U, and EE-0983-Q; 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, JB/RM. McBee Absent
Item 7. Docket No. 98-0267-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Crisp Welding Service, Incorporated in Wise County; Account No. WN-0179-Q; 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. (Tel Croston)
Issue Agreed Order, JB/RM. McBee Absent
Item 8. Docket No. 98-0239-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Charles Tucker dba, C & R Muffler in Dallas County; Account No. DB-4842-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. (Tel Croston)
Issue Agreed Order, JB/RM. McBee Absent
Item 9. Docket No. 98-0546-AIR-E. Consideration of an Agreed Order assessing administrative penalties of FFP Operating Partners, L.P. in El Paso County; Account No. EE-1608-N; 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, JB/RM. McBee Absent
Item 10. Docket No. 98-0522-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Southwest Convenience Stores, Incorporated in El Paso County; Account No. EE-1007-W; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue Agreed Order, JB/RM. McBee Absent
Item 11. Docket No. 98-0466-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Medina Electric Cooperative, Inc. in Frio County; Account No. FJ-0012-P; for air quality violations pursuant to the Texas Water Code, Chapter 7, Texas Health & Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (David D. Turner)
Issue Agreed Order, JB/RM. McBee Absent
Item 12. Docket No. 98-0681-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Max Smith dba Calvert Concrete in Williamson County; Account No. WK-0238-M; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, and the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Mark Leidig)
Issue Agreed Order, JB/RM. McBee Absent
Item 13. Docket No. 98-0525-AIR-E. Consideration of an Agreed Order assessing administrative penalties of The Hertz Corporation in El Paso County; Account No. EE-1145-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. (Stacey Young)
Issue Agreed Order, JB/RM. McBee Absent
Item 14. Docket No. 98-0292-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Price Construction, Incorporated in Maverick County; Account Nos. 92-1169-G and 91- 6664-N; for air quality violations pursuant to the Texas Water Code, Chapter 7, Texas Health & Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (David Turner)
Issue Agreed Order, JB/RM. McBee Absent
Item 15. Docket No. 98-0179-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Engineered Carbons, Incorporated in Orange County; Account No. OC-0020-R; 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. (Lawrence King)
Issue Agreed Order, JB/RM. McBee Absent
Item 16. Docket No. 98-0277-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houston Chemical Distributors, L.L.C. in Galveston County; Account No. GB-0122-E; for air quality violations pursuant to the Texas Water Code, Chapter 7, Texas Health & Safety Code, Chapter 382, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue Agreed Order, JB/RM. McBee Absent
MUNICIPAL WASTE DISCHARGE ENFORCEMENT DEFAULT ORDER
Item 17. Docket No. 97-0998-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jet-Era Enterprise, Inc. in Freestone County;TNRCC ID No. 11578-001;for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Bill Jang)
Issue Default Order, RM/JB. McBee Absent
AGRICULTURAL ENFORCEMENT DEFAULT ORDER
Item 18. Docket No. 97-0988-AGR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Toby Floyd in Hamilton County; No TNRCC ID No.;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. (William Puplampu)
Issue Default Order, RM/JB. McBee Absent
ON-SITE INSTALLER ENFORCEMENT DEFAULT ORDER
Item 19. Docket No. 97-1080-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jim Wurz dba Builders Depot and Jim Wurz, Individually in Shelby County;TNRCC ID No. None;for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Lisa Z. Hernandez)
Issue Default Order, RM/JB. McBee Absent
LANDSCAPE IRRIGATOR INSTALLER ENFORCEMENT DEFAULT ORDER
Item 20. Docket No. 97-0427-LII-E. Consideration of a Default Order assessing administrative penalties of Mark Echols dba Just M.E. Sprinlers in Dallas County;TNRCC ID None;for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Default Order with Changes, RM/JB. All Commissioners Agree
RULES
Item 21. Docket No. 98-1104-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities, and Subchapter O, concerning Land Disposal Restrictions. The proposed rules would update the commission's hazardous waste rules to address certain changes to the federal hazardous waste regulations promulgated through August 31, 1998, primarily relating to the definition of solid waste and to hazardous waste land disposal restrictions. (Ray Austin) (Rule Log No. 98041-335-WS)
Approve Amendments, BM/JB. Marquez Absent
Item 22. Docket No. 98-1185-RUL. Consideration for adoption of new 30 TAC Chapter 7, 7.118; new Chapter 331, 331.16; amendments to Chapter 336, 336.11, concerning Memorandum of Understanding Between the Texas Department of Health and the Texas Natural Resource Conservation Commission Regarding Radiation Control Functions; and amendments (deletions) to Chapter 305, 305.521, entitled Adoption of Memoranda of Understanding by Reference. If adopted, the amendments further implement the Senate Bill 1857 transfer of jurisdiction over the licensing authority for the recovery and processing of source material and disposal of by-product material from the commission to the Texas Department of Health. The amendments also delete two obsolete MOUs concerning radioactive wastewater and municipal sewage sludge. The proposed rules were published in the August 21, 1998, issue of the Texas Register (23 TexReg 8651-8658). (Kathy Vail/ Snehal Patel) (Rule Log No. 97172-007-WS)
Approve Adoption of Memorandum of Understanding, JB/BM. Marquez Absent
Item 23. Docket No. 98-0994-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 330, Subchapter A, Section 330.4, concerning Permit Required; and proposed amendments to 30 TAC Chapter 330, Subchapter E, Section 330.65, concerning Registration for Solid Waste Management Facilities. The amendments will clarify registration authorization requirements for municipal solid waste transfer stations, prohibit construction of transfer stations prior to authorization, and modify transfer station odor control criteria. (John Forehand/Vic Ramirez) (Rule Log No. 98010-330-WS)
Approve Publication, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 24. Docket No. 98-1156-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.
Continued to Work Session
Item 25. Docket No. 98-1157-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. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
Continued to Work Session
(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.)
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.


ADDENDUM TO AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 26. Docket No. 98-1291-UCR. The Commission will consider whether to modify, affirm, or set aside the emergency order issued by the Commission on October 23, 1998, requiring the City of Brackettville to provide a temporary emergency interconnection for the provision of continuous and adequate water service to the City of Spofford, Kinney County. (Maria Sanchez)
Set Aside Emergency Order, BM/JB. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 27. Docket No. 98-1209-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Chief Clerk 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.
LaDonna Castanuela named as Chief Clerk, BM/RM. All Commissioners Agree


THIRD ADDENDUM TO AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 28. Docket No. 98-1318-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Deputy Director of the Commission's Office of Policy and Regulatory Development 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.
Continued to Work Session


OLD BUSINESS AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from agenda of October 21, 1998.
Item 1. TNRCC Docket No. 97-0683-MWD; SOAH Docket No. 582-97-1739. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the City of Aledo's amendment to municipal wastewater discharge Permit No. 10847-01 to authorize an increase in average flow from 0.121 MGD to 0.350 MGD. The City also seeks a variance to the 150-foot buffer-zone requirements set out in Section 309.13 of the Commission's rules. (The ALJ recommends that the Commission issue the permit)
Accept Administrative Law Judge's Proposal for Decision with changes to Order, BM/RM. All Commissioners Agree
Item carried forward from agenda of October 21, 1998.
Item 2. TNRCC Docket No. 96-0920-PWS-E; SOAH Docket No. 582-97-1523. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning an Enforcement Action against D.E. Martin dba Consumers Water Company and Consumer's Water, Inc. (The ALJ recommends that the Commission find the Respondent liable for 134 violations of regulatory standards, assess penalties of $6,700 for these violations, and order Respondent to implement the relevant remedial actions recommended by the ED).
Remand to State Office Administrative Hearing with recommendations from Commissioners, RM/BM. All Commissioners Agree


AGENDA

Wednesday, November 4, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. SOAH Docket No. 582-98-1009; TNRCC Docket No. 98-0650-AIR. Administrative Law Judge's Certified Questions and Analysis regarding the Application of Ingram Ready-Mix, Inc. for registration No. 37170 to authorize construction of concrete batch plant near Bulverde on the north side of State Highway 46 (1620 feet west of Broyles Lane), approximately 2.3 miles west of the intersection of Highway 46 and Highway 281 in Comal County, Texas.
Remand Back to ALJ with answers to Certified Questions, BM/RM. All Commissioners Agree
Item 2. SOAH Docket No. 582-97-1897; TNRCC Docket No. 97-0793-AIR. Consideration of a proposed order concerning the application of Odell Geer Construction Company, Inc. for Air Quality Permit No. 31490 to operate a rock crusher facility in Bell County, Texas. The location of the proposed facility is 2 miles west of Prairie Dell off Solana Ranch Road in Bell County, Texas.
Accept General Counsel's Recommendation, JB/BM. All Commissioners Agree