AGENDA

Wednesday, February 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

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.
No Action Taken
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. 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.
No Action Taken
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.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, February 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of January 27, 1999.

Item 1. Docket No. 1998-0149-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of James Higgins and John Higgins dba Bulldog Environmental, Inc. in Montgomery County; TNRCC ID No. None; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas natural Resource Conservation Commission. (Lisa Z. Hernandez)
Remanded to Executive Director


HUSTON

BAKER

MARQUEZ - ABSENT

AGENDA

Wednesday, February 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-0028-MWD. WOODCREEK UTILITIES, INC. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Proposed Permit No. 13989-001. The proposed permit will authorize the disposal of treated domestic wastewater effluent in the interim phase at a volume not to exceed a daily average flow of 250,000 gallons per day via irrigation of 143 acres of land and a final phase daily average flow not to exceed 375,000 gallons per day via irrigation of 175 acres of land. The wastewater treatment facilities are located approximately 1200 feet south southeast of the intersection of Farm-to-Market Road 2325 and Jacob's Well Road, approximately 4 miles north of the community of Wimberley in Hays County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Robert Robinson/Margaret Hoffman)
Grant hearing request forward to Alternative Dispute Resolution for 4 to 6 weeks, if mediation fails forward to SOAH, JB/RH. Marquez Absent
Item 2. Docket No. 1998-1387-WR. Consideration of hearing request for, and application for amendment of, the Lower Colorado River Authority's (LCRA) Water Management Plan to add results of a study concerning Freshwater Inflows to Matagorda Bay. This amendment was required by Commission Order dated September 20, 1989, which approved LCRA's Water Management Plan, and ordered that the plan be amended to reflect the study of freshwater inflows into the bays and estuaries. This Water Management Plan is for management of water adjudicated by LCRA's certificates of adjudication Nos. 14-5478 and 14-5482 for the Lower Colorado River. This amended part of the plan will provide for releases from the reservoirs for inflows to the bays and estuaries. (Robin Smith)
Approve Water Management Plan with changes, RH/JB. Marquez Absent
District Matters
Item 3. Docket No. 1998-1418-DIS. Consideration of a Proposed Order Approving the Petition of a Landowner for Dissolution of Fort Bend County Municipal Utility District No. 110. The Petitioner requests that the Commission dissolve the district pursuant to V.T.C.A., Water Code Section 49.321-49.327. (TNRCC Internal Control No. 101698-D04; Cinty Cartwright).
Approve Order to Dissolve the District, JB/RH. Marquez Absent
Item 4. Docket No. 1998-1329-DIS. SIGNATURE OF A PROPOSED ORDER APPROVING THE APPLICATION BY BASTROP COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 FOR WASTEWATER AUTHORITY. For Commission consideration. Applicant requests approval of additional powers to provide wastewater services within the District. (TNRCC Internal Control No. 101196-D01, Samuel W. Jones, P.E.)
Approve Order as Recommended by Staff, RH/JB. Marquez Absent
Item 5. Docket No. 1999-0048-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING AN APPLICATION BY PASEO DE LA RESACA MUNICIPAL UTILITY DISTRICT NO. 3 OF CAMERON COUNTY FOR APPROVAL OF $1,540,000 CONTRACT REVENUE BOND ISSUE, FIRST ISSUE, 6.92% NET EFFECTIVE INTEREST RATE, SERIES 1999. For Commission consideration. The District's application requests approval of a bond issue to finance master district water and wastewater trunk facilities within a three district service area. (TNRCC Internal Control No. 07171998-D01, Samuel W. Jones)
Remanded to Executive Director
Modify, Affirm, or Set Aside Emergency Order
Item 6. Docket No. 1999-0012-MWD. Consideration to Affirm, Modify or Set Aside the action taken by the Executive Director on an Emergency Order application filed by the City of Memphis. The City of Memphis requested an Emergency Order to discharge 0.326 million gallons per day (MGD) from the existing wastewater treatment facility. The treated effluent will be discharged through an eight inch (8") pipe to an unnamed tributary of Parker Creek; thence to Parker Creek; thence to Prairie Dog Town Fork of the Red River in Segment No. 0207 of the Red River Basin. The plant site is located approximately one mile southeast of the intersection of State Highway 256 and US Highway 287 in Hall County, Texas. (Kathy Brown)
Submitted in Error, Emergency Order Not Issued.
Superfund
Item 7. Docket No. 1998-0410-SPF. Consideration of an Administrative Order (AO) to conduct Remedial Design and Remedial Action at the Jerrell B. Thompson Battery State Superfund Site, Canton, Van Zandt County, Texas. (Charles Vorndran and Gary McGill)
Approve Administrative Order, JB/RH. Marquez Absent
Resolution (Waste Reduction Advisory Committee)
Item 8. Docket No. 1999-0113-RES. Consideration of a resolution relating to the appointment of members to the Waste Reduction Advisory Committee. (Ken Zarker)
Continued to March 10, 1999 JB/RH.
Petroleum Storage Tank Enforcement Agreed Orders
Item 9. Docket No. 1998-0945-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Abe's Mart in Galveston County; PST Facility ID No. 0034586; for petroleum storage tank violations pursuant to Texas Health & Safety Code, Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Tom Jecha)
Remanded to Executive Director
Item 10. Docket No. 1998-0902-PST-E. Consideration of an Agreed Order assessing administrative penalties for Phillips 66 Company in El Paso County; PST Facility ID No. 0010883; for petroleum storage tank violations pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Cervantes)
Issue Agreed Order, JB/RH. Marquez Absent
Item 11. Docket No. 1998-0653-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Liquors, Inc. in Dallas County; PST Facility ID No. 21670; for petroleum storage tank violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapters 7 & 26, and the rules of the Texas Natural Resource Conservation Commission. (Gayle Zapalac)
Issue Agreed Order, JB/RH. Marquez Absent
Item 12. Docket No. 1998-0647-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Pervaiz A. Kashmiri dba Food Mart in Tarrant County; for air quality violations pursuant to the Texas Health & Safety Code, Chapter 382, the Texas Water Code, Chapter 7 and the rules of the Texas Natural Resource Conservation Commission. (Anne Rhyne)
Issue Agreed Order, JB/RH. Marquez Absent
Industrial Hazardous Waste Enforcement Agreed Orders
Item 13. Docket No. 1998-0780-IHW-E. Consideration of an Agreed Order assessing administrative penalties of Celanese Limited in Matagorda County; Solid Waste Registration 30134; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Tom Jecha)
Issue Agreed Order, RH/JB. Marquez Absent
Item 14. Docket No. 1998-0876-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Continental Airlines Incorporated in Harris County; Solid Waste Registration No. 69722; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel)
Issue Agreed Order, RH/JB. Marquez Absent
Multi-Media Agreed Orders
Item 15. Docket No. 1998-0472-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vessel Repair, Inc. in Jefferson County; SWR No. 75285; for industrial & hazardous waste violations pursuant to the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle)
Issue Agreed Order, JB/RH. Marquez Absent
Item 16. Docket No. 1998-0061-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Ronnie Smith dba Smith's Diamond C Ranch, in Erath County; Account No. EF-0109-J for air quality and municipal solid waste violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, and Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, Texas Water Codes, Chapters 7 & 26 and the rules of the Texas Natural Resource Conservation Commission. (Adele Noel)
Remand to Executive Director, JB/RH. Marquez Absent
Municipal Waste Discharge Enforcement Agreed Orders
Item 17. Docket No. 1998-0399-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Montgomery County in Montgomery County; Water Quality Permit No. 13687-001; for water quality violations pursuant to the Texas Water Code, Chapters 7 & 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, RH/JB. Marquez Absent
Item 18. Docket No. 1998-0586-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Muniservice Corporation in Harris County; Operation Company Certification No. 20026; for certification violations pursuant to Texas Water Code, Chapters 7 & 26 and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, RH/JB. Marquez Absent
Item 19. Docket No. 1998-0059-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Frances Reid dba Woodcrest Mobile Home Park in Smith County; Water Quality Permit No. 13279-001 (expired) for water quality violations, as well as waste treatment and water quality fee violations, pursuant to Texas Water Code, Chapters 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Karen Berryman)
Issue Agreed Order, RH/JB. Marquez Absent
Item 20. Docket No. 1998-0155-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Duval County Conservation and Reclamation District in Duval County; TNRCC ID No. 10270-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission.
Issue Agreed Order, RH/JB. Marquez Absent
Public Water Supply Enforcement Agreed Order
Item 21. Docket No. 1998-0350-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Baird, in Callahan County; PWS No. 0300001; for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain)
Issue Agreed Order, JB/RH. Marquez Absent
Air Enforcement Agreed Orders
Item 22. Docket No. 1998-0004-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Andrew Corporation in Denton County; TNRCC ID No. DF-0100-V; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission.
Issue Agreed Order, RH/JB. Marquez Absent
Item 23. Docket No. 1998-0861-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against The Dow Chemical Company in Brazoria County; Account No. BL-0082-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. (Matthew Kolodney)
Issue Agreed Order, RH/JB. Marquez Absent
Item 24. Docket No. 1998-0658-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against The Dow Chemical Company in Brazoria County; Account Nos. BL-0082-R and BL-0023-K; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Bob McElyea)
Issue Agreed Order, RH/JB. Marquez Absent
Item 25. Docket No. 1998-0990-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dayco Products, Inc. in El Paso County; Account No. EE-2069-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. (Victor Ayala)
Issue Agreed Order, RH/JB. Marquez Absent
Item 26. Docket No. 1998-0925-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Al Hartung dba Langrebe Motors in Kerr County; Account No. KF-0069-W; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (David Turner)
Issue Agreed Order, RH/JB. Marquez Absent
Item 27. Docket No. 1998-0926-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alton Immel dba Immel's Auto Outlet of Kerrville in Kerr County; Account No. KF-0070-O; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code, Chapter 382, Texas Water Code Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (David Turner)
Issue Agreed Order, RH/JB. Marquez Absent
Item 28. Docket No. 1998-0805-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rhodia, Inc. in Wilbarger County; Account No. WI-0020-M; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code Chapter 382, Texas Water Code Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Connie Basel)
Issue Agreed Order, RH/JB. Marquez Absent
Item 29. Docket No. 1998-0027-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Mr. George Gates dba Gates Construction And Mr. Ron Pitts in Hardin County; Account Nos. HF-0214-G; and HF-0215-E; for air quality violations pursuant to the Texas Water Code Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Brant Graham)
Issue Agreed Order, RH/JB. Marquez Absent
Municipal Solid Waste Enforcement Agreed
Item 30. Docket No. 1998-0840-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Brownsville in Cameron County; MSW Permit No. 1273; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, the Texas Water Code, Chapter 7, and the rules of the Texas Natural Resource Conservation Commission. (Craig Fleming)
Issue Agreed Order, RH/JB. Marquez Absent
Item 31. Docket No. 1998-0797-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of North Texas Municipal Water District in Collin County; MSW Facility ID No. 44-A; for maintaining adequate daily cover for waste at the active face of the landfill violations, repairing areas of erosion violations, allowing the discharge of sediment from the ditch and creek violations, waste migration and leachate seepage into the ditch and creek violations, and fire extinguisher at the fuel dispenser violations pursuant to Texas Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, Texas Water Code, Chapters 7 & 26, and the rules of the Texas Natural Resource Conservation Commission. (Seyed Miri)
Issue Agreed Order, RH/JB. Marquez Absent
State Implementation Plan
Item 32. Docket No. 1998-1233-SIP. Consideration for adoption of revisions to the State Implementation Plan (SIP) concerning the Attainment Demonstration for the Dallas/Fort Worth (DFW) Ozone Nonattainment Area. If adopted, this SIP will address the U.S. Environmental Protection Agency's (EPA) requirement that a new SIP regarding attainment of the ozone standard in DFW be submitted by March 20, 1999. The adopted SIP will also include Rate-of-Progress toward satisfying EPA's requirement of reasonable further progress in emission reductions for the Dallas/Fort Worth area for the years 1997-99. (Brian Foster) (Rule Log No. 98046-SIP-AI)
Adopt State Implementation Plan, JB/RH. Marquez Absent
Rules (Publications)
Item 33. Docket No. 1999-0073-RUL. Consideration for publication of the Proposed Notice of Review of 30 TAC Chapter 330, Subchapters M-V and Y-Z, concerning Municipal Solid Waste; and consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapters M, N, P, Q, S, and V; the proposed repeal of 30 TAC Chapter 330, Subchapters R, U, and Z; proposed amendments to 30 TAC Chapter 7, concerning Memoranda of Understanding; and proposed new 30 TAC Chapter 328, concerning Waste Minimization and Recycling. If approved, the rules would be clarified for readability and improved organization; obsolete provisions would be deleted, as part of the commission's regulatory reform initiative. Substantive changes will be minimal, if any. This action constitutes the commission's review of the rules contained in 30 TAC Chapter 330, Subchapters M-V and Y-Z, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. (John Forehand, Vic Ramirez) (Rule Log No. 98056-330-WS)
Approve Publication of Proposed Notice of Review RH/JB. Marquez Absent
Item 34. Docket No. 1998-1272-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 324, concerning Used Oil Recycling; 324.1, concerning Adoption by Reference; 324.2, concerning Definitions; 324.3, concerning Applicability; 324.4, concerning Prohibitions; 324.5, concerning Notice by Retail Dealer; 324.6, concerning Generators; 324.7, concerning Collection Centers; 324.11, concerning Transporters and Transfer Facilities; 324.12, concerning Processors and Rerefiners, 324.13, concerning Burners of Off-Specification Used Oil for Energy Recovery; 324.14, concerning Marketers of Used Fuel Oil; 324.15, concerning Spills;324.16, concerning Polychlorinated Biphenyls (PCBs); 324.21, concerning Suspension or Revocation of Registration; and 324.22, concerning Financial Responsibility Technical Requirements; the proposed repeal of 324.8, concerning Limitation of Liability; 324.9, concerning Reimbursement of Used Oil Collection Center's Hazardous Waste Disposal Expense; and 324.10, concerning Procedures for Reimbursement of Collection Centers; and consideration for publication of the Proposed Notice of Review for 30 TAC Chapter 324, concerning Used Oil Recycling. This review is in accordance with the General Appropriations Act, Article IX, 167, 75th Legislature, 1997, which requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. If approved, the amendments and repeals would improve the readability of the chapter in accordance with the commission's regulatory reform initiative. (Debbie Bohl/Vic Ramirez) (Rule Log No. 98040-324-WS)
Approve Publication of Proposed Amendments, JB/RH. Marquez Absent
Rules (Adoptions)
Item 35. Docket No. 1998-1160-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Subchapter B, Sections 115.122, 115.123, and 115.126, concerning Control of Air Pollution from Volatile Organic Compounds, General Volatile Organic Compound Sources, Division 2: Vent Gas Control; and 30 TAC Chapter 115, Subchapter E, new Section 115.440, and amendments to Sections 115.443, 115.446, and 115.449, concerning Solvent-Using Processes, Division 4: Offset Lithographic Printing; and for revisions to the State Implementation Plan (SIP). If adopted, the amendments would revise the vent gas rule by lowering the applicability threshold from 100 tons per year (TPY) to 50 TPY for bakeries in the Dallas/Fort Worth ozone nonattainment area; prohibiting the banking of emission reductions in the 30-90% range for major source bakeries in the Houston/Galveston, Dallas/Fort Worth, and El Paso ozone nonattainment areas; and revising the emission reduction requirement from 30% to 80% for major source bakeries in the Dallas/Fort Worth ozone nonattainment area. In addition, the amendments would revise the offset lithographic printing rule by implementing the rule requirements for sources with emissions at or above 50 TPY in the Dallas/Fort Worth ozone nonattainment area. Finally, the amendments would revise terminology in response to revised Texas Register rules and for consistency with the commission's style guidelines. The proposed rules were published in the November 6, 1998, issue of the Texas Register (23 TexReg 11273). (Ann Hammer) (Rule Log No. 98045-115-AI).
Approve Adoption of Amendments, RH/JB. Marquez Absent
Item 36. Docket No. 1998-1088-RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, Section 116.12, concerning Nonattainment Review Definitions and Section 116.150, concerning New Major Source or Major Modification in Ozone Nonattainment Areas; and revisions to the State Implementation Plan concerning the amendments. If adopted, these amendments would restore nonattainment new source review requirements for nitrogen oxides in the Dallas/Fort Worth ozone nonattainment area. The proposed amendments were published in the November6, 1998, issue of the Texas Register (23 TexReg 11278). (Randy Hamilton) (Rule Log No. 98029-116-AI)
Approve Adoption of Amendments, JB/RH. Marquez Absent
Item 37. Docket No. 1998-1170-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 336, Section 336.12, concerning Appendix B. Memorandum of Understanding Between Railroad Commission of Texas, Texas Department of Health, and Texas Natural Resource Conservation Commission Regarding Uranium Surface Mining, Uranium Ore Milling, and Tailings Ponds and Impoundments. If adopted, the repeal would remove an obsolete Memorandum of Understanding (MOU) from the rules. The proposed rule repeal was published in the December 4, 1998 issue of the Texas Register (23 TexReg 12193). (Kathy Vail/Snehal Patel) (Rule Log No. 98031-336-WS)
Approve Repeal of Memorandum of Understanding, RH/JB. Marquez Absent
Item 38. Docket No. 1998-1193-RUL. Consideration for adoption of amendments to 30 TAC Chapter 117, Subchapter A, concerning Definitions, Subchapter B, concerning Combustion at Existing Major Sources, Subchapter D, concerning Administrative Provisions, and Subchapter E, concerning Gas-Fired Steam Generation; and revisions to the State Implementation Plan concerning the amendments. If adopted, the changes would clarify certain applicability, exemption, control, testing, monitoring, recordkeeping, reporting, and compliance schedule requirements applicable to major existing sources of nitrogen oxides in the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas. The changes would also extend these amended Chapter 117 requirements to the Dallas/Fort Worth ozone nonattainment area. The proposed amendments were published in the November6, 1998, issue of the Texas Register (23 TexReg 11281). (Randy Hamilton) (Rule Log Nos. 98025-117-AI and 98030-117-AI)
Approve Adoption of Amendments with changes, JB/RH. Marquez Absent
EXECUTIVE SESSION
Item 39. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 40. 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
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, February 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 41. Docket No. 1999-0232-RES. Consideration of a resolution recognizing the efforts of the Texas Consolidated Uniform Report for the Environment (CURE) Workgroup. (Daphne McMurrer)
Approve Resolution, JB/RH. Marquez Absent


AGENDA

Wednesday, February 24, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 1998-1491-MSW. The Commission will consider a Motion for Reconsideration filed by Monique Foster concerning the Executive Director's issuance of Amendment to Permit No. MSW-42C to Waste Management of Texas AKA United Waste AKA Skyline Landfill for a change in operational hours. The requested change would authorize the applicant to operate the Skyline landfill from 5:00 a.m. to 7:00 p.m. The facility is located on the north side of the City of Ferris, Dallas County, Texas.
Remanded to Executive Director