|
|
Hearing Requests |
|
| Item 1. |
Docket No. 1999-1189-MWD. Consideration of permit application no.
11866-001, submitted by Brushy Creek Municipal Utility District for a
renewal of Permit No. 11866-001, that authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 300,000
gallons per day. The plant site is located approximately 2 miles west of
interstate Highway 35 and 3,600 feet north of Farm-to-Market Road 3406
in Williamson County, Texas. The Commission will also consider
hearing requests, related responses and replies, public comment and the
Executive Director's response to comments. |
|
| Continued March 22, 2000 |
|
| Item 2. |
Docket No. 1999-1176-MWD. Consideration of permit application no.
13995-001, submitted by Helen Jane Williams for a new permit, TNRCC
Proposed Permit No. 13995-001 to authorize the discharge of treated
domestic wastewater at a daily average flow not to exceed 13,050 gallons
per day. The site is located 3.0 miles south of Burleson on Interstate
Highway 35 in Johnson County, Texas. The Commission will also
consider hearing requests, related responses and replies, public comment
and the Executive Director's response to comments. |
|
| Executive Director Requested Direct Referral to State Office Administrative Hearing |
|
| Item 3. |
Docket No. 1999-1177-MWD. Consideration of permit application no.
13920-001, submitted by Aviation Utilities Services, Inc. for a renewal of
TNRCC Permit no. 13920-001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 90,000 gallons
per day. The plant site is located approximately 4,000 feet south of the
intersection of State Highway 1171 and Interstate Highway 35W, 3,000
feet east of Interstate Highway 35W and 2,500 feet west of the North
West Regional Airport landing strip in Denton County, Texas. The
Commission will also consider hearing requests, related responses and
replies, public comment and the Executive Director's response to
comments. |
|
| Deny Hearing Request and approve application, RH/JB. All Agree |
|
| Item 4. |
Docket No. 1999-1180-MWD. Consideration of permit application no.
13834-001, submitted by City of Willow Park for a renewal of Permit No.
13848-001, that authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 300,000 gallons per day. The plant
site is located on the southwest corner of the Clear Fork Trinity River
crossing of Crown Road, approximately 3,000 feet east of the Willow
Springs Road, in the City of Willow Park in Parker County, Texas. The
Commission will also consider hearing requests, related responses and
replies, public comment and the Executive Director's response to
comments. |
|
| Remand to Executive Director |
|
| Item 5. |
Docket No. 1999-1181-MWD. Consideration of permit application no.
13031-001, submitted by Block House Municipal Utility District for a
renewal of TNRCC Permit No. 13031-001, which authorizes the
discharge of treated domestic wastewater at a daily average flow not to
exceed 500,000 gallons per day. The plant site is located approximately
1.25 miles east of U.S. Highway 183 and 2 miles north of Farm-to-Market
Road 1431 in Williamson County, Texas. The Commission will also
consider hearing request, related responses and replies, public comment
and the Executive Director's response to comments. |
|
| Deny hearing request and approve application, JB/RH. All Agree |
|
| Item 6. |
Docket No. 1999-1178-MWD. Consideration of permit application no.
14083-001, submitted by White Oak Developers, Inc. for a new permit
proposed Texas Pollutant Discharge Elimination System (TPDES) Permit
No. 14083-001, to authorize the discharge of treated domestic wastewater
at a daily average flow not to exceed 750,000 gallons per day. The plant
site is located approximately 1,000 feet due west of confluence of
Robinson Gully and White Oak Creek in Montgomery County, Texas.
The Commission will also consider hearing request, related responses and
replies, public comment and the Executive Director's response to
comments. |
|
| Continued to December 15, 1999 |
|
| Item 7. |
Docket No. 1999-1179-IHW. Consideration of an application by E.I. Du
Pont De Nemours & Company, Inc. (Beaumont Works Facility), located
at State Highway 347 on the west bank of the Neches River, six miles
southeast of Beaumont on approximately 750 acres in Nederland,
Jefferson County, Texas, has applied to the Texas Natural Resource
Conservation Commission (TNRCC) for renewal of Hazardous Waste
Permit (Permit No. HW-50166) and renewal of compliance plan
(Compliance Plan No. CP-50166). The permit would authorize the
continued post-closure care for five surface impoundments (Permit Unit
Nos. 1-5). The compliance plan renewal will require the permittee to
continue to monitor the concentrations of hazardous constituents in
groundwater and remediate ground-water quality to specific standards.
The Commission will also consider hearing requests, related responses
and replies, public comment and the Executive Director's response to
comments. |
|
| Grant Application and Issue Permit adopt Executive Directors Comments, RH/JB. All
Agree |
|
|
|
Air Enforcement Agreed Orders |
|
| Item 8. |
Docket No. 1999-0487-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Melvin
Woods dba Sundance Motors in Dallas County; Air Account No.
DB-4696-T; for air quality violations pursuant to the Texas Clean Air Act,
TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch.7,
and the rules of the Texas Natural Resource Conservation Commission.
(Michael De La Cruz/Carl Schnitz) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 9. |
Docket No. 1999-0074-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Silver
Creek Materials, Incorporated in Tarrant County; Account No.
TA-3345-H; for air quality violations pursuant to the Texas Clean Air
Act, TEX. HEALTH & SAFETY CODE ch. 382; TEX. HEALTH &
SAFETY CODE 341; TEX. WATER CODE chs. 7 and 26; and the rules
of the Texas Natural Resource Conservation Commission. (Suzanne
Walrath) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 10. |
Docket No. 1998-1421-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Cardell
Kitchen & Bath Cabinetry, Incorporated in Bexar County; Account No.
BG-0395-U; for air quality violations pursuant to the Texas Clean Air
Act, TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER
CODE ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Carl Schnitz) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 11. |
Docket No. 1999-0560-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of North
American Precast Company in Bexar County; TNRCC ID No. 92-8701-H;
for air quality violations pursuant to the Texas Clean Air Act, Chapter 382
of the Texas Health & Safety Code, water quality violations pursuant to
Chapter 26 of the Texas Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (John Wright) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 12. |
Docket No. 1999-0392-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against John Fayard/Fastway Systems, Inc. in Harris County; Air Account
No. HX-2039-F; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code ch. 382, the Texas Water Code ch. 7,
and the rules of the Texas Natural Resource Conservation Commission.
(Sheila Smith) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 13. |
Docket No. 1998-0119-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Formosa Plastics Corporation, Texas in Calhoun County; Account No.
CB-0038-Q; for air quality violations pursuant to Texas Clean Air Act,
TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE
ch.7 and the rules of the Texas Natural Resource Conservation
Commission. (Carl Schnitz) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
|
Sludge Enforcement Agreed Order |
|
| Item 14. |
Docket No. 1998-1323-SLG-E. Consideration of an Agreed Order
assessing administrative penalties of Mr. James Williams in Hardin
County; Sludge/Septage Transporter No. 21121; for water quality
violations pursuant to TEX. HEALTH & SAFETY CODE ch. 361 and
TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. ( Susan Kelly and Brian Lehmkuhle) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
|
|
Public Water Supply Enforcement Agreed Orders |
|
| Item 15. |
Docket No. 1999-0523-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Rafe
Miers dba Muther's BBQ in Lubbock County; Public Water Supply No.
1520234; for drinking water quality violations pursuant to TEXAS
HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Shawn Stewart) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 16. |
Docket No. 1999-0078-PWS-E. Consideration of an Agreed Order
assessing administrative penalties of Eddie Ramirez dba Elizabeth's Fast
Eddie Restaurant in Jim Wells County: Public Water Supply No.
1250035; for drinking water quality violations pursuant to Texas Health
and Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Audra Baumgartner) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 17. |
Docket No. 1998-0635-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Asherton in Dimmit County; TNRCC ID No. 0640011; for public
drinking water violations pursuant to Chapter 341 of the Texas Health &
Safety Code and the rules of the Texas Natural Resource Conservation
Commission. (Tracy L. Gross) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 18. |
Docket No. 1998-1473-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Hawkins Water System in Denton County; PWS ID# 0610122; for
drinking water quality violations pursuant to TEX. HEALTH & SAFETY
CODE ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Randy Norwood) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
|
Public Water Supply Enforcement Default Order |
|
| Item 19. |
Docket No. 1998-0981-PWS-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of
Augustin Valenciana dba Don Balta's Restaurant in El Paso County;
TNRCC ID No. 0710176; for public drinking water violations pursuant to
Chapter 341 of the Texas Health & Safety Code and the rules of the Texas
Natural Resource Conservation Commission. (Tracy L. Gross) |
|
| Remand to Executive Director |
|
|
|
Municipal Waste Discharge Enforcement Agreed Orders |
|
| Item 20. |
Docket No. 1998-1458-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Harris
County Municipal Utility District in Harris County; Water Quality Permit
No. 12209-001; for water quality violations pursuant to the TEX.
WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Michael Meyer) |
|
| Continued to November 10, 1999, RH/RM. All Agree |
|
| Item 21. |
Docket No. 1998-0514-MWD-E. Consideration of an Agreed Order
assessing penalties and requiring certain actions of Woodcreek Utilities,
Inc., a subsidiary of AquaSource, Inc. in Hays County; Permit No.
11431-001; for water quality violations pursuant to TEX. WATER CODE
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Patrick Marcyniuk/Laurie Eaves) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 22. |
Docket No. 1998-0286-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Venus in Johnson County; TNRCC ID No. 10883-001; for water
quality violations pursuant to Chapter 26 of the Texas Water Code and the
rules of the Texas Natural Resource Conservation Commission. (Robin
Houston) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 23. |
Docket No. 1998-1486-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Song
Finger dba Willow Park Inn in Scurry County; Water Quality Permit No.
13654-001; for water quality violations pursuant to TEX. WATER CODE
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Stacey Young) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
|
Municipal Waste Discharge Default Order |
|
| Item 24. |
Docket No. 1998-1132-MWD-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of the T.
Stan Holland, Individually and Javis Enterprises, Inc. in Tarrant County;
Enforcement ID No. 12923; for water quality violations pursuant to
Chapter 26 of the Texas Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Robin Houston) |
|
| Remand to Executive Director |
|
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
| Item 25. |
Docket No. 1998-1279-PST-E. Consideration of an Agreed Order
assessing administrative penalties of Alan Wolcik dba Wolcik Shell in
Harris County; PST Facility ID No. 0033110; for petroleum storage tank
violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and
TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource
Conservation Commission. (Trina K. Lewison/Gayle Zapalac) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 26. |
Docket No. 1999-0478-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Al-Azar
Enterprises, Inc. in Harris County; Petroleum Storage Tanks No.
0039690; for petroleum storage tank violations pursuant to Texas Health
& Safety Code chapter 382, Texas Water Code chapter 7, and the rules of
the Texas Natural Resource Conservation Commission. (Steven Lopez) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 27. |
Docket No. 1999-0282-PST-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against TMT Incorporated dba Whip In #106 in Dallas County; Petroleum
Storage Tank ID No. 0054776; for petroleum storage tank violations
pursuant to the Texas Health & Safety Code Chapter 382, Texas Water
Code Chapter 7, and the rules of the Texas Natural Resource
Conservation Commission. (Michael De La Cruz/Steven Lopez) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 28. |
Docket No. 1999-0346-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Yamuna Corporation dba C & C Discount in Tarrant County; Petroleum
Storage Tank Facility ID No. 0000756; for petroleum storage tank
violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382, the
TEX. WATER CODE ch 7, and the rules of the Texas Natural Resource
Conservation Commission. (Kent Heath) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 29. |
Docket No. 1999-0533-PST-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against Dalworthington Fence Company, Incorporated dba
Dalworthington Fence & Supply in Tarrant County; Petroleum Storage
Tank ID No. 0020673; for petroleum storage tank violations pursuant to
the TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Michael De La Cruz/Gayle
Zapalac) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 30. |
Docket No. 1998-0561-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Mansoor Virani in Galveston County; TNRCC ID No. 34473; for
petroleum storage tank violations pursuant to Chapter 26 of the Texas
Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Camille Morris) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 31. |
Docket No. 1998-0935-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Shaban
Jannesari dba S. Mart Foods in Harris County; TNRCC ID No. 34848 and
Enforcement ID No. 12781; for petroleum storage tank violations
pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the
Texas Health and Safety Code, and the rules of the Texas Natural
Resource Conservation Commission. (Camille Morris) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 32. |
Docket No. 1999-0094-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of E. C.
McFadden dba Sac N Pac in Crane County; PST Facility ID No. 42873;
for petroleum storage tank violations pursuant to TEX. WATER CODE
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Gloria Stanford) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
|
|
Petroleum Storage Tank Shutdown Orders |
|
| Item 33. |
Docket No. 1999-0241-PST-E. Consideration of a Shutdown Order
requiring certain actions of Doy Avni Kamihetzki formerly Samantha
Corp. Inc. in Harris County; TNRCC ID No. 0047404; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(Lisa Lemanczyk) |
|
| Approve Shutdown order with changes as recommended, RH/RM. All Agree |
|
| Item 34. |
Docket No. 1999-0291-PST-E. Consideration of a Shutdown Order
requiring certain actions of R.E. Harper dba the Short Stop in Harris
County; TNRCC ID No. 66832; for petroleum storage tank violations
pursuant to Chapter 26 of the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Lisa Lemanczyk) |
|
| Approve Shutdown Order, RH/RM. All Agree |
|
|
|
Agricultural Enforcement Agreed Orders |
|
| Item 35. |
Docket No. 1999-0304-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Gainesville Livestock Market Incorporated in Cooke County; Water
Quality Permit No. None; for water quality violations pursuant to the
TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Michael De La Cruz) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 36. |
Docket No. 1999-0608-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of M & M
Dairy, Inc. in Collin County; TNRCC ENF. ID No. 13283; for water
quality violations pursuant to Chapter 26 of the Texas Water Code and the
rules of the Texas Natural Resource Conservation Commission. (Ali
Abazari) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
|
Municipal Solid Waste Enforcement Agreed Order |
|
| Item 37. |
Docket No. 1999-0534-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Cleburne in Johnson County; Municipal Solid Waste Permit No. 534;
for municipal solid waste violations pursuant to the Texas Solid Waste
Disposal Act, TEX. HEALTH & SAFETY CODE ch. 361, TEX. WATER
CODE chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (John Mead) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
|
Landscape Irrigation Enforcement Default Order |
|
| Item 38. |
Docket No. 1997-0422-LII-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Mark
Nash in El Paso County; Enforcement ID No. 12430 for landscape
irrigation violations pursuant to Chapter 34 of the Texas Water Code and
the rules of the Texas Natural Resource Conservation Commission.
(Heather Otten) |
|
| Issue Default Order, RM/JB. All Agree |
|
|
|
Budgets |
|
| Item 39. |
Docket No. 1999-1245-BGT. Consideration of an order assessing the
cost of Watermaster Operations in the South Texas Watermaster Division,
which consists of the Nueces, San Antonio, Guadalupe and Lavaca River
Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and
Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio
Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties.
The compensation and necessary expenses of the South Texas
Watermaster operations for the fiscal year beginning September 1, 1999
and ending August 31, 2000 is FOUR HUNDRED FIFTY-SEVEN
THOUSAND NINE HUNDRED AND FORTY-EIGHT AND NO-100
DOLLARS ($457,948.00). (Robin Smith) |
|
| Approve Budget, RM/RH. All Agree |
|
| Item 40. |
Docket No. 1999-1244-BGT. Consideration of an order assessing the
cost of Watermaster Operations in the Rio Grande Watermaster Division,
which consists of the Fort Quitman, Texas to the mouth of the Rio Grande
River, excluding the watersheds of the Pecos and Devils Rivers; and
includes that portion of the Nueces-Rio Grande Coastal Basin lying in
Hidalgo, Cameron, Willacy and Starr Counties. The compensation and
necessary expenses of the Rio Grande Watermaster operations for the
fiscal year beginning September 1, 1999 and ending August 31, 2000 is
SIX HUNDRED TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($625,000.00). (Robin Smith) |
|
| Approve Budget, RM/RH. All Agree |
|
|
|
|
|
Industrial Hazardous Waste Enforcement Agreed Order |
|
| Item 41. |
Docket No. 1999-0397-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
American Plant Food Corporation in Nacogdoches County; Industrial and
Hazardous Waste No. F0277; for industrial & hazardous waste violations
pursuant to the Texas Solid Waste Disposal Act, TEX. HEALTH &
SAFETY CODE ch. 361 and TEX. WATER CODE chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Tim
Haase) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 42. |
Docket No. 1999-0390-IHW-E. Consideration of an Agreed Order
assessing administrative penalties against Celanese Ltd. in Matagorda
County; Solid Waste Registration No. 30134; for industrial & hazardous
waste violations pursuant to the Texas Solid Waste Disposal Act, Tex.
Health and Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of
the Texas Natural Resource Conservation Commission. (Aron
Athavaley/Elvia Maske) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
|
Edwards Aquifer Enforcement Agreed Order |
|
| Item 43. |
Docket No. 1998-0599-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Georgetown Independent School District and Georgetown Healthcare
System, Inc. in Williamson County; for water quality violations pursuant
to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Merrilee Gerberding) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
|
Rules |
|
| Item 44. |
Docket No. 1999-0449-RUL. Consideration for approval of the rules
review and repeal of 30 TAC Chapter 119, concerning Control of Air
Pollution from Carbon Monoxide. This review complies with Section
2001.39, Texas Government Code and the General Appropriations Act,
Article IX, Section 9-10.13, 76th Legislature, 1999. The commission has
reviewed the rules and has determined that a need for the rules no longer
exists. The proposed repeal and notice of intention to review were
published in the July 2, 1999 issue of the Texas Register (24 TexReg
4969 and 5032). (Beecher Cameron) (Rule Log No. 98035-119-AI) |
|
| Approve rules review and repeal, RM/JB. All Agree |
|
| Item 45. |
Docket No. 1999-1167-RUL. Consideration for publication of a Notice
of Intention to Review and proposed repeal of 30 TAC Chapter 261,
concerning General Provisions, and proposed new 30 TAC Chapter 261,
concerning Impact Statements. The new chapter would change the title
and the format of the previous Chapter 261. |
|
|
|
New Chapter 261 - Impact Statements |
|
|
|
Subchapter A : Environmental, Social, and Economic Impacts
Statements |
|
|
|
§261.1 |
Relevance of Impacts Evidence. |
|
|
§261.2 |
Filing of Federal Statement Required. |
|
|
§261.3 |
Executive Director's Recommendation. |
|
|
§261.4 |
Statement Filed with Executive Director. |
|
|
§261.5 |
Impacts Statement Guidelines. |
|
|
§261.6 |
Impact Statement Supplemented by Testimony. |
|
|
|
Subchapter B : Guidelines for Preparation of Environmental, Social,
and |
|
|
Economic Impacts Statements |
|
|
|
§261.21 |
Introduction. |
|
|
§261.22 |
Impact Assessment Process. |
|
|
§261.23 |
Specific Guidelines for the Impacts Statement. |
|
|
|
The Notice of Intention to Review is in accordance with Texas
Government Code, Section 2001.039 and the General Appropriations
Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require
state agencies to review and consider for readoption each of their rules
every four years. (Barry Irwin/Doyle Mosier) (Rule Log No. 98054-261-AD). |
|
| Approve publication of notice of intention to review and proposed repeal, RM/RH. All
Agree |
|
| Item 46. |
Docket No. 1999-0640-RUL. Consideration for adoption of amendments
to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic
Compounds, Subchapter B, concerning General Volatile Organic
Compound Sources: amendments to Sections 115.140, and 115.142 -
115.149, concerning Industrial Wastewater; new Sections 115.160 -
115.167 and 115.169, concerning Batch Processes; and revisions to the
State Implementation Plan regarding these amendments. If adopted, these
amendments would ensure the implementation of reasonably available
control technology for major volatile organic compound sources in the
Beaumont/Port Arthur and Houston/Galveston ozone nonattainment areas.
The amendments would also reorganize and modify portions of the
existing Chapter 115 industrial wastewater rules which apply in the
Dallas/Fort Worth, El Paso, and Houston/Galveston ozone nonattainment
areas. The proposed amendments were published in the July 16, 1999,
issue of the Texas Register (24 TexReg 5413). (Eddie Mack) (Rule Log
No. 99019-115-AI) |
|
| Adopt amendments, RH/RM. All Agree |
|
| Item 47. |
Docket No. 1999-0332-RUL. Consideration for adoption of amendments
to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic
Compounds, Section 115.127, concerning Exemptions; and for revisions
to the State Implementation Plan. If adopted, the amendments would
revise the vent gas rule by extending the 30,000 part per million
concentration limit exemption for pulp and paper mills until April 15,
2001. The proposal was published in the June 11, 1999 issue of the Texas
Register (24 TexReg 4345). (Alan Henderson) (Rule Log No. 98057-115-AI). |
|
| Adopt amendments, RH/RM. All Agree |
|
| Item 48. |
Docket No. 1999-0620-RUL. Consideration for adoption of amendments
to 30 TAC Chapter 117, concerning Control of Air Pollution from
Nitrogen Compounds, Subchapter A, concerning Definitions; Subchapter
B, concerning Combustion at Existing Major Sources; and Subchapter D,
concerning Administrative Provisions; and revisions to the State
Implementation Plan concerning the amendments. If adopted, the changes
would set emission limits, a compliance schedule, and requirements for
operating, testing, recordkeeping and reporting for stationary gas-fired,
lean-burn engines in the Beaumont/Port Arthur (BPA) ozone
nonattainment area. The changes would also eliminate the requirement to
operate wood-fired boilers with flue gas sensor-based trim, add an option
to monitor exhaust flow instead of fuel flow, and clarify several
requirements and rule references applicable to major existing sources of
nitrogen oxides in the BPA, Dallas/Fort Worth, and Houston/Galveston
ozone nonattainment areas. The proposed rules were published in the
July 16, 1999 issue of the Texas Register (24 TexReg 5436). (Randy
Hamilton) (Rule Log No. 99020-117-AI) |
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| Adopt amendments with changes, RH/RM. All Agree |
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| Item 49. |
Docket No. 1999-0599-RUL. Consideration for adoption of the State
Implementation Plan (SIP) concerning the attainment demonstration for
the Beaumont/Port Arthur (BPA) ozone nonattainment area. This SIP
contains the results of air quality dispersion modeling for attaining the
one-hour ozone standard in BPA and a commitment to adopt additional
NOx rules for BPA point sources. (Mike Magee) (Rule Log No. 99018-SIP-AI) |
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| Adopt State Implementation Plan, RH/RM. All Agree |
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State Implementation Plan |
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| Item 50. |
Docket No. 1999-0602-SIP. Consideration for adoption of the State
Implementation Plan (SIP) concerning the attainment demonstration for
the Houston/Galveston (HGA) ozone nonattainment area. This SIP
provides the results of modeling of specific control strategies for attaining
the one-hour ozone standard in HGA. (Mike Magee) (Rule Log No.
99021-SIP-AI) |
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| Adopt State Implementation Plan, RH/RM. All Agree |
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EXECUTIVE SESSION |
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| Item 51. |
Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A
CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL
DISCUSS PENDING OR CONTEMPLATED LITIGATION,
SETTLEMENT OFFERS, AND/OR THE APPOINTMENT,
EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION
EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open
Meetings Act, codified as Chapter 551 of the Government code. No final
action, decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of further
notice issued in accordance with Chapter 551 of the Government Code. |
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| No Action Taken |
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| Item 52. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A
CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND
RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT,
CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The
Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter
551 of the Government Code. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE
TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR
SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE
DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR
BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE
OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO
(2) WORK DAYS PRIOR TO THE AGENDA, SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS
TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS
IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL
9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE
REGISTRATION COULD RESULT IN YOUR MISSING THE
OPPORTUNITY TO COMMENT ON YOUR ITEM. |
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