AGENDA

Wednesday, December 1, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Bldg E. Room 201S

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, Commissioners Canceled 8:30 a.m. 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. 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, Commissioners Canceled 8:30 a.m. 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.
No Action Taken, Commissioners Canceled 8:30 a.m. Executive Session


OLD BUSINESS AGENDA

Wednesday, December 1, 1999

9:30 A.M.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of October 27, 1999 and continued until January 12, 2000 per General Counsel Ltr dated November 12, 1999.
Item 1. Docket No. 1999-1182-AGR. Consideration of permit application no. 03669, submitted by Wayne Moerman for a new Texas Pollutant Discharge Elimination System (TPDES) permit to operate an existing concentrated animal feeding operation (CAFO) for a dairy facility at a maximum of 995 head in Comanche County, Texas. No discharge of pollutants into the waters in the state is authorized by the permit except as a result of chronic or catastrophic rainfall event. The facility is located on the north side of State Highway 16, 2.5 miles south of Comanche City limits in Comanche County, Texas.
Continued to January 12, 2000
Item carried forward from Agenda of November 10, 1999.
Item 2. Docket No. 1999-1225-MWD. Consideration of permit application 12733-001, submitted by DESSAU MANAGEMENT, L.L.C. for a renewal with minor changes to TNRCC Permit No. 12733-001. The permittee is requesting to eliminate the 0.45 million gallons per day (MGD) phase from the draft permit. The draft permit authorizes a discharge of treated domestic wastewater at a volume not to exceed a daily average flow of 0.15 million gallons per day. The plant site is locate on the north side of and adjacent to Dessau Lane, at a point approximately 1.3 miles east of Interstate Highway 35 in Travis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Robert Martinez)
Direct Referral to SOAH. No Action Required


ADDENDUM TO OLD BUSINESS

Wednesday, December 1, 1999

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from agenda of November 17, 1999.
Item 3. Docket No. 1999-1326-UCR. Consideration of approval of a contract pursuant to Texas Water Code Section 13.248 entered into by the City of Pearland, Philips Utilities Management Co., and Walker Water Works concerning the areas to be served by Certificates of Convenience and Necessity Nos. 11008 and 20403 in Brazoria and Harris Counties, Texas. (John Deering, Lara Nehman)
Approve Contract, RM/RH. All Agree


CONTESTED AGENDA

Wednesday, December 1, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

Hearing Requests
Item 1. Docket No. 1999-1317-IWD. Consideration of permit application # 01610, submitted by G-P GYPSUM CORPORATION for a major amendment to TNRCC Permit No. 01610 to authorize an increase in the discharge of groundwater seepage from a daily average flow not to exceed 100,000 gallons per day to a daily average flow not to exceed 1,500,000 gallons per day via Outfall 002. The current permit authorizes the discharge of groundwater seepage at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001, and groundwater seepage at a daily average flow not to exceed 100,000 gallons per day via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0009334 issued on November 28, 1986 and TNRCC Permit No. 01610 issued on October 21, 1994. The applicant operates a wall board manufacturing plant with gypsum quarries. The plant site is located on the west bank of South Groesbeck Creek, immediately north of State Loop 285 and approximately five miles west of the city of Quanah, Hardeman County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Cindy Lee/Tina Amberboy)
Grant hearing request of Donald Patrick and Charles Drake, referral to Alternative Dispute Resolution for 4 to 6 weeks and if mediation is unsuccessful forward to State Office Administrative Hearings with hearing to be limited to water quality matters only, RH/RM. All Agree
Item 2. Docket No. 1999-1316-IWD. Consideration of permit application # 03865, submitted by SAFE TIRE DISPOSAL CORPORATION OF TEXAS, INC. for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 03865. The draft permit authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001. Issuance of this TPDES permit will replace the existing TNRCC Permit No. 03865 issued on September 6, 1996. The applicant operates a tire recycling facility. The plant site is located at 3351 South Wyatt Road, just north of the intersection of South Wyatt Road and U.S. Highway 67, in the City of Midlothian, Ellis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Chris Linendoll/Robert Martinez)
Grant hearing request and remand to ADR for 4 to 6 weeks, if mediation is unsuccessful forward to State Office Administrative Hearings, RH/RM. Baker Voted No.
Item 3. Docket No. 1999-1318-MWD. Consideration of permit application # 13895-001, submitted by Pat Ingram for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13895-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The plant site is located approximately 1.2 miles north-east of the intersection of Interstate Highway 20 and Loop 312 in Parker County, Texas. The Commission will also consider hearing request, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Monique Norman)
Remand to Executive Director
Item 4. Docket No. 1999-1319-MWD. Consideration of permit application # 10361-001, submitted by CITY OF PILOT POINT for a major amendment to TNRCC Permit No. 10361-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 350,000 gallons per day to a daily average flow not to exceed 735,000 gallons per day. The plant site is located approximately 1 mile west-southwest of the intersection of U.S. Highway 377 and State Highway Loop 387, approximately 1.5 miles northwest of the intersection of U.S. Highway 377 and Farm-to-Market Road 455 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. (Curtis Seaton/Lisa McClain)
Continued to December 15, 1999
Superfund
Item 5. Docket No. 1999-1085-SPF. Consideration of Amendments to the Administrative Orders to Conduct Remedial Investigation and Feasibility Study activities at the following nine State Superfund Sites: 1) American Zinc Proposed State Superfund Site in Dumas, Moore County, Texas; 2) Col-Tex Refinery State Superfund Site in Colorado City, Mitchell County, Texas; 3) Federated Metals State Superfund Site in Houston, Harris County, Texas; 4) Gulf Metals State Superfund Site in Houston, Harris County, Texas; 5) Higgins Wood Preserving Proposed State Superfund Site in Lufkin, Angelina County, Texas; 6) Materials Recovery Enterprises, Inc. Proposed State Superfund Site in Ovalo, Taylor County, Texas; 7) Old Lufkin Creosoting State Superfund Site in Lufkin, Angelina County, Texas; 8) Solvent Recovery Services State Superfund Site in Arcola, Fort Bend County, Texas; and 9) Thompson-Hayward Chemical Company Proposed State Superfund Site in Munday, Knox County, Texas. (Carol Lear, Trey Collins)
Approve administrative orders, RM/JB. All Agree
Designation of Single Property
Item 6. Docket No. 1999-1381-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 Reliant Energy Channelview L.P. and Equistar Chemicals, LP in Channelview, 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. (Garrett Arthur, Erik Henderickson)
Continued to December 15, 1999
Regulatory Flexibility Order
Item 7. Docket No. 1999-1315-IHW. Consideration of an application for a Regulatory Flexibility Order submitted by TXU Corporation pursuant to Texas Water Code Section 5.123 and 30 Texas Administrative Code Chapter 90. TXU Corporation requests relief from using a Commission manifest form as required by 30 Texas Administrative Code 335.10(a) when shipping class I Industrial Solid Waste from its various generating facilities in the state of Texas to its System Operating Services Facility located in Lancaster, Texas. Instead of a Commission manifest form, the application requests the use of a Bill of Lading and an electronic database for the shipping and tracing of the Class I Industrial Solid Waste, pursuant to Tex. Health and Safety Code 361.036. (Caroline Wersterfer/Lara Nehman)
Approve Regulatory Flexibility Order, RH/JB. All Agree
Multi-Media Agreed Order
Item 8. Docket No. 1999-0782-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Norris Cylinder Company in Gregg County; Air Account No. GJ-0082-A; Solid Waste Registration No. 31545; for air quality and industrial & hazardous waste violations pursuant to TEX. HEALTH & SAFETY CODE chs. 361 and 382 and TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation commission. (David Van Soest
Issue Agreed Order, RM/JB. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 9. Docket No. 1999-0622-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Thai-Mac, Incorporated in Tarrant County; PST Facility ID No. 007325; for petroleum storage tank 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. (Stacey Young)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 1998-0800-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marvin Lenz in Bell County; LPST ID No. 92166; 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)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 1998-0831-PST-E. consideration of an Agreed Order assessing administrative penalties and requiring certain actions of L & Zaheer Brothers, Incorporated in Harris County; PST Facility ID No. 0041847; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison/John Mead)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 1999-0444-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. And Mrs. Lee R. Moyers dba G & M Oil Company in Stonewall County; PST Facility 0036857; 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. (Lori Haynie and Gloria Stanford)
Issue agreed order, RH/RM. All Agree
Item 13. Docket No. 1999-0429-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mohammad Bataineh and Nahad Hamed in Dallas County; Petroleum Storage Tank ID. No. 0017583; for air quality and petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Gayle Zapalac)
Issue agreed order, RH/RM. All Agree
Petroleum Storage Tank Shutdown Order
Item 14. Docket No. 1999-0869-PST-E. Consideration of a Shutdown Order requiring certain actions of Javaid Malik dba Quick Stop in Harris County; TNRCC ID No. 48526; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Wright)
Continued to December 15, 1999
Petroleum Storage Tank Default Orders
Item 15. Docket No. 1998-0883-PST-E. Consideration of a Default Order assessing administrative penalties against Rizwan Gaddi dba Sunny's Food Store in Harris County; TNRCC ID No. 29865; 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. (Lisa Lemanczyk)
Issue default order, RM/RH. All Agree
Item 16. Docket No. 1998-1084-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of S & S convenience Store, Inc. dba One Stop in Dallas County; TNRCC ID No. 0009090; 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)
Issue default order, RM/RH. All Agree
Industrial Waste Enforcement Agreed Order
Item 17. Docket No. 1999-0658-IWD-E. Consideration of an Agreed Order assessing administrative penalties of PakTank Corporation-Deer Park Terminal in Harris County; NPDES Permit No. TX0084115; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lynda Clayton)
Issue agreed order, JB/RH. All Agree
Air Enforcement Agreed Orders
Item 18. Docket No.1999-0584-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Borderland, Inc. in El Paso County; Account No. EE-01120-J; 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. (Rebecca Cervantes, Stacey Young)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 1999-0029-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S.Liquids of Texas, Inc. in Harris County; Air Account No. HG-5302-E; for air quality violations pursuant to the TEX. CLEAN AIR ACT, TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 1998-0849-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Amoco Pipeline Company, Inc. in Montague County; TNRCC ID No. MP-0001-J; 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. (Laura Kohansov)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 1998-0547-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Carpenter Company in Bell County: TNRCC ID No. BF-0012-H and Enforcement ID No. 33; 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. (Laura Kohansov)
Issue agreed order, RH/RM. All Agree
Item 22. Docket No. 1998-0850-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Amoco Pipeline Company, Inc. in Scurry County; TNRCC ID No. SG-0002-W; 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. (Laura Kohansov)
Issue agreed order, RH/RM. All Agree
Item 23. Docket No. 1998-1535-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Beall Industries, Incorporated in Tarrant county; Account No. TA-0650-U; for air quality violations pursuant to 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. (Lawrence King)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 1999-0479-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rubio Vasquez dba Vasquez Enterprises in Dallas County; Air Account No. DB-4981-R; 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. (Lawrence King)
Issue agreed order, RH/RM. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 25. Docket No. 1999-0621-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Eagle Wrecker Service, Incorporated in Harris County; On-Site Sewage Facility No. 101036; for on-site sewage facility violations pursuant to TEX. HEALTH & SAFETY CODE ch. 366, TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Miriam Hall)
Issue agreed order, RM/JB. All Agree
Item 26. Docket No. 1998-0907-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shannon Rushing dba Jackson Hill Marina in San Augustine County; TNRCC ID No. 12796; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, Tex. Health & Safety Code ch. 341, and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Issue agreed order, RM/JB. All Agree
On-Site Installer Enforcement Default Order
Item 27. Docket No. 1998-1228-OSI-E. Consideration of a Default Order assessing administrative penalties against George C. Bryan dba ABC Plumbing in Calhoun County: TNRCC ID No. 12627; 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 Lemanczyk)
Issue default order, RH/JB. All Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 28. Docket No. 1999-0601-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Davis Young dba Young Auto Service in Parker County; Municipal solid Waste Registration No. None; 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. (Michael De La Cruz)
Issue agreed order, RH/JB. All Agree
Item 29. Docket No. 1997-0725-MSW-E. Consideration of an Agreed Order assessing administrative penalties are requiring certain actions of Chris Potter, B. Carl Potter, and STL Enterprises, Incorporated in Bexar County; TNRCC ID No. 33516; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue agreed order, RH/JB. All Agree
Item 30. Docket No. 1999-0760-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Starr County in Starr County; Municipal Solid Waste Permit No. 1762; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE, ch. 361, TEX. WATER CODE, ch. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez)
Issue agreed order, RH/JB. All Agree
Item 31. Docket No.1999-0642-MSW-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Waste Management of Texas Incorporated dba Pecan Prairie Recycling & Disposal Facility in Hunt County: Municipal Solid Waste Permit No. 1503; 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 226, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue agreed order, RH/JB. All Agree
Landscape Irrigator License Enforcement Agreed Order
Item 32. Docket No. 1999-0664-LII-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Shawn Ward in Aransas County; Landscape irrigator License No. LI0006638; for a certification violation pursuant to the TEX. WATER CODE chs. 7 and 34 and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson)
Issue agreed order, JB/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 33. Docket No. 1999-0522-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clover House, Inc. dba Clover House Retreat in Crosby County; Public Water Supply No. 0540025; for drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 ("the Code") and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue agreed order, RM/JB. All Agree
Item 34. Docket No. 1999-0574-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blue Bell Development Corporation in Harris County; PWS Id. No. 1012163; for drinking water quality violations pursuant to TEX HEALTH & SAFETY CODE ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (William Stowe)
Issue agreed order, RM/JB. All Agree
Rules
Item 35. Docket No. 1999-1232-RUL. Consideration for publication of, and opportunity for hearing upon, the repeal of 30 TAC Chapter 291, Water Rates, Subchapter H, and proposed new 30 TAC Chapter 291, Water Rates, Subchapter H, relating to Utility Submetering and Allocation. If approved, the proposed new subchapter would implement recent legislative changes and revise the method for allocating master metered water and wastewater service to multiple use facilities. (Kate Wilkins) (Rule Log No. 99042-291-WT)
Continued to December 15, 1999
Item 36. Docket No. 1999-1266-RUL. Consideration for publication of, and hearing on, a Notice of Intention to Review and the proposed repeal of 30 TAC Chapter 284, concerning Private Sewage Facilities. The 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. The repeals would remove rules which have been superseded by 30 TAC Chapter 285. (Warren Samuelson) (Rule Log No. 99067-284-WT)
Approve publication and hearing, JB/RM. Huston absent for vote.
Item 37. Docket No. 1999-1350-RUL. Consideration for publication of, and hearing on, a Notice of Intention to Review 30 TAC Chapter 11, Contracts, proposed amendments to 11.1, Historically Underutilized Business Program and proposed new Subchapter D, Resolution of Certain Contract Claims Against the Texas Natural Resource Conservation Commission. The review is in accordance with Section 2001.039, Texas Government Code 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. The proposed amendments will incorporate by reference recent amendments to the General Services Commission rules for Historically Underutilized Businesses. The proposed new subchapter will implement House Bill 826, 76th Legislature, 1999. (Carl Forrester, Kathy Robbins, Jim Dodds) (Rule Log No. 99047-011-AD)
Publication and hearing on 30 TAC Chapter 11, remand to ED subchapter D, RM/JB. All Agree
Item 38. Docket No. 1999-0761-RUL. Consideration for adoption of amendments to 30 TAC Chapter 335, relating to Industrial Solid Waste and Municipal Hazardous Waste, Subchapter J, Section 335.324, concerning Facility Fee Assessment. The adoption would lower the annual facility fee for facilities which are both wholly unbuilt and permitted for either Class 1 industrial solid waste or hazardous waste. The proposed amendments were published in the September 10, 1999 issue of the Texas Register (24 TexReg 7176). (Brenda Foster/Patricia Hershey) (Rule Log No. 98034-335-WS)
Approve adoption of amendment to 30 TAC Chapter 335.324, RM/RH. All Agree
Item 39. Docket No. 1999-0549-RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, General Rules, Section 101.1, Definitions; Section 101.2, Multiple Air Contaminant Sources or Properties; Section 101.10, Emission Inventory Requirements, Section 101.30, Conformity of General Federal and State Actions to State Implementation Plans; and a new Section 101.28, Stringency Determination for Federal Operating Permits. The adoption changes the title of Chapter 101 to "General Air Quality Rules." The amendments to Section 101.1 remove definitions duplicated in other chapters of 30 TAC, add definitions that are used in multiple chapters, and amend certain definitions; the amendments to Section 101.2 authorize the executive director to act on petitions for single property designation and prohibit the combination of emission points across public rights-of-way; the amendments to Section 101.10 clarify the existing statutory authority of the Texas Natural Resource Conservation Commission under Texas Health and Safety Code, Section 382.014, Emission Inventory; and the amendments of Section 101.30 relocate certain definitions to Section 101.1 because the definitions are used in multiple chapters. The new Section 101.28 allows compliance with a single set of equivalent or more stringent monitoring and testing requirements for holders of federal operating permits with multiple requirements. The amendments to Sections 101.1, 101.10, 101..30, and the new 101.28 are revisions to the State Implementation Plan. The proposed amendments were published in the July 16, 1999 issue of the Texas Register (24 TexReg 5390). (Beecher Cameron) (Rule Log No. 99017-101-AI)
Approve adoption of amendments, with changes, RM/RH. All Agree
EXECUTIVE SESSION
Item 40. 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 41. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF 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, December 1, 1999

9:30 A.M.

Bldg E. Room 201S

12100 Park 35 Circle

Item 42. Docket No. 1999-0889-RUL. Consideration of the adoption of the repeal of 30 TAC Chapter 328, Subchapter D, Used Oil Filter Collection, Management and Recycling and the adoption of new 30 TAC Chapter 328, Subchapter D, Used Oil Filter Management and Recycling.
If adopted, the rules would implement the provisions of House Bill (H.B.) 2619, 76th Legislature (1999), codified as Texas Health and Safety Code, Chapter 371, Subchapter E. The rules would reduce registration and reporting requirements from annual to biennial for transporter/transfer facilities, storage facilities, and processors; authorize increased storage time at a storage facility from 90 to 120 days; and authorize the commission to grant two-year variances on storage volume limits and storage time limits. Existing rule requirements not supported by H.B. 2619 would be repealed. The proposal was published in the September 24, 1999 issues of the Texas Register (24 TexReg 8139). (Jamie Robinson/Fread Houston) (Rule Log No.99039-328-WS)
Approve adoption of repeal, with changes, JB/RH. All Agree


AGENDA

Wednesday, December 1, 1999

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-1478-UCR and No. 1998-1479-UCR; SOAH Docket No. 582-99-0203. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of AquaSource Development Company for a Certificate of Convenience and Necessity that would authorize it to provide sewer service to a subdivision in eastern Travis County, Texas. (The ALJ recommends that the commission adopt the attached order approving the sewer-service Certificate of Convenience and Necessity sought by the applicant) (Mike Rogan)
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, RM/RH. Amend motion to includes changes to order, RH/RM. All Agree
Item 2. TNRCC Docket No. 1998-0602-PST-E; SOAH Docket No. 582-99-1582. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Mohammed Astab Sultan dba Brown's Grocery for alleged violations to Texas Health and Safety Code Ann. Chapter 382 and 30 Texas Administrative Code (TAC) Chapter 115 regarding emissions control requirements, and Texas Water Code Ann. Chapter 26 and 30 TAC Chapter 334 regarding operating requirements and payment of fees at a petroleum storage tank and motor vehicle refueling facility in Orange County, Texas. (The ALJ recommends that the Commission adopt the Findings of Fact and Conclusions of Law set forth in the Default Order, assessing an administrative penalty of $5,625.00 and direct Mr. Sultan to take certain corrective actions.) (William G. Newchurch)
Adopt Proposal for Decision and Issue Order, RH/JB. All Agree