AGENDA

Wednesday, February 9, 2000

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
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 9, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of November 10 and December 15, 1999.
Item 1. Docket No. 1999-1209-MWD. Consideration of permit application 12667-001, submitted by Craig Penfold for a renewal of TNRCC Permit No. 12667-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day. The plant site is located approximately 1,000 feet north of the Denton-Tarrant County Boundary and 2,500 feet west of Farm-to-Market Road 2499 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. (Phillip Urbany/Kathy Brown)
No Action Required, Application withdrawn


Huston
Marquez
Baker

AGENDA

Wednesday, February 9, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 1999-1508-AIR. Consideration of hearing requests submitted relating to Valero Refining Company's application to amend Air Quality Permit No. 39142 and convert it into a flexible permit for continued operation of its petroleum refinery in Texas City, Galveston County, Texas. In addition to converting its Air Quality Permit No. 39142 into a flexible permit, the application seeks to authorize construction of a new cooling tower, six new heaters, and additional piping. The proposed changes involved with the construction project trigger Prevention of Significant Deterioration (PSD) for CO. As a result, Permit No. PSD-TX-822M2 is associated with this application. The Commission will consider the application and the hearing requests filed on the application. (Lisa McClain, John Vermillion)
See Item 37
Item 2. Docket No. 1999-1521-MWD. Consideration of permit application #13906-001, submitted by LEE J. AND CARL MARSALISE for a new permit, TNRCC proposed Permit No. 13906-001 to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 17,000 gallons per day via subsurface disposal. The site is located approximately 1000 feet north of the intersection of Voelker Lane and Farm-to-Market Road 1100 and approximately 2 miles east of New Katy in Travis, County. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant hearing request of Howard & Willella Lundgren, Herbert G. Purtle, deny all other hearing requests, allow 4 to 6 weeks for Alternative Dispute Resolution, if mediation fails forward hearing request to State Office Administrative Hearings, RH/RM. All Agree
Item 3. Docket No. 1999-1520-IWD. Consideration of permit application No. 02998, submitted by ROSE METAL RECYCYLING, INC. for a major amendment to TNRCC Permit No. 02998 to authorize an increase in the permit limitation for total PCB's from one micrograms per liter to 10 micrograms per liter at Outfall 001. The current permit authorizes the discharge of storm water runoff on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing TNRCC Permit No. 02998, issued on August 5, 1994. The applicant operates a junkyard and metals recycling facility. The plant site is located at 2902 Center Street, approximately one quarter mile north of Washington and Glenwood Cemeteries, between Studmont Street and Sawyer Street, north of Buffalo Bayou and south of Interstate Highway 10 in the City of Houston, Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Continued to March 8, 2000
Item 4. Docket No. 1999-1522-MWD. Consideration of permit application #14084-001, submitted by FAIRFAX PROPERTIES, INC AND BENCHMARK PROPERTIES L.C. for a new permit (proposed TPDES Permit No. 14084-001), which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The wastewater treatment facility will serve Fairfax Properties, Inc. and Benchmark Properties L.C. The plant site is located 2,450 feet from the Redmon Street/Gum Spring Road intersection and 5,300 feet from the Redmon Road/Cotton Street intersection and approximately 1 mile east of the City of Longview in Harrison County, Texas. The Commission will also consider hearing requests, related responses and replies, public comments and the Executive Director's response to comments.
Grant hearing request of Mark & Beverly Harris, Wilburn Adkisson, Gary A. Trice, and only consider those issues relating to water quality matters and allow 4 to 6 weeks Alternative Dispute Resolution for mediation, if mediation fails forward to State Office Administrative Hearings, JB/RM. All Agree
Item 5. Docket No. 1999-1524-MWD. Consideration of permit application # 14087-001, submitted by CANEY CREEK MUNICIPAL UTILITY DISTRICT for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14087-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located 650 feet south of the intersection of Dolphin Way and Old Caney Drive in the Downey Creek Subdivision in Matagorda 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, applicant request to amend application
Municipal Waste Discharge Enforcement Agreed Orders
Item 6. Docket No. 1998-1249-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Houston in Harris County; TNRCC ID No. 10495-037 for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross)
Issue Agreed Order, RM/RH. All Agree
Item 7. Docket No. 1999-0911-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Gilmer in Upshur County; TNRCC Water Quality Permit No. 10457-001; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley)
Issue Agreed Order, RM/RH. All Agree
Air Enforcement Agreed Orders
Item 8. Docket No. 1999-0068-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Amoco Petroleum Products in Galveston County; GB-0004-L; for air quality violations pursuant to 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, RM/JB. All Agree
Item 9. Docket No. 1998-1538-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hondo Chemical Inc. in Gaines County; Air Account No. GA-0338-N; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH AND SAFETY CODE ch. 382, TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger/Tel Croston)
Issue Agreed Order, RM/JB. All Agree
Item 10. Docket No. 1999-1173-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles Sherrard dba Village Motor Cars, Dallas County; Air Account No. DB-5098-P; 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. (Jorge Ibarra/Carl Schnitz)
Issue Agreed Order, RM/JB. All Agree
Item 11. Docket No. 1999-1159-AIR-E. Consideration of an Agreed Order assessing administrative penalties against J. Campbell Corporation, Incorporated dba Big Tex Auto Mart in Dallas County; Air Account No. DB-5081-J; for air quality violations pursuant to the Texas Clean Air Act, TEX. HEALTH & SAFETY CODE ch. 382, the TEX. WATER CODE ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra/Lawrence King)
Issue Agreed Order, RM/JB. All Agree
Item 12. Docket No. 1999-0095-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arena Brands, Incorporated dba Hatco in Dallas County; TNRCC ID No. DB-0135-A; 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. (John Sumner)
Issue Agreed Order, RM/JB. All Agree
Item 13. Docket No. 1999-0260-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Javier Gomez dba Gomez Trucking in El Paso County; TNRCC ID No. EE-1348-Q for air 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. (John Sumner)
Issue Agreed Order, RM/JB. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 14. Docket No. 1999-0575-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Atlantic Oil & Gas, Incorporated dba Fina Mart in Tarrant County; Petroleum Storage Tank ID No. 0055123; for petroleum storage tank violations pursuant to the TEX. HEALTH & SAFETY CODE ch. 382, 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 15. Docket No. 1999-0641-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shaukat Huda dba Scotty's Drive In in Tarrant County; Petroleum Storage Tank ID No. 0066330; 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)
Issue Agreed Order, RH/RM. All Agree
Item 16. Docket No. 1999-1067-PST-E. Consideration of an Agreed Order assessing administrative penalties of Campbell Oil Co. dba Good-O-Country Corner in Hardin County; Petroleum Storage Tank Facility ID No. 0006124; for petroleum storage tank violations pursuant to TEX. HEALTH & SAFETY CODE ch. 382, TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark/Erika Fair)
Issue Agreed Order, RH/RM. All Agree
Item 17. Docket No. 1998-1394-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D N D Corporation dba Andy's Food Mart in Dallas County; TNRCC ID No. 0039430; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Conservation Commission. (John Sumner)
Issue Agreed Order, RH/RM. All Agree
Item 18. Docket No. 1998-0989-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain action of Robert Byrd dba Byrd Trucking Company in Hunt County; TNRCC ID No. 0044611; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue Agreed Order, RH/RM. All Agree
Item 19. Docket No. 1998-0754-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Muhammad Athar Akhtar and Muhammad Jamal Akhtar dba Go 4 It Food Store in Harris County; TNRCC ID No. 0048125; for air violations and petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue Agreed Order, RH/RM. All Agree
Agricultural Enforcement Agreed Orders
Item 20. Docket No. 1999-0946-AGR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Keith Broumley dba Broumley Dairy in Hamilton County; Water Quality Permit No. 03395; 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, RM/RH. All Agree
On-Site Sewage Enforcement Agreed Orders
Item 21. Docket No. 1999-0990-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of C. J. Nelson in Tom Green County; Installer ID No. None; for water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 366, TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Lynda Clayton)
Issue Agreed Order, JB/RM. All Agree
Item 22. Docket No. 1999-0981-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gary Wood dba Wood Service Plumbing in Wilbarger County; on-site sewage facility; for on-site sewage violations pursuant to TEX. HEALTH & SAFETY CODE ch. 366, TEX. WATER CODE ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest)
Issue Agreed Order, JB/RM. All Agree
Multi-Media Enforcement Agreed Order
Item 23. Docket No. 1998-0463-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sunbelt Fresh Water Supply District in Harris County; Public Water Supply Nos. 1010117,1010758, 1010419, 1010188,1010292, and 1010022; Water Quality Permit Nos. 10518, 11670, 11231, 10236, 10812, and 11791; for water quality and drinking water quality violations pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RH/RM. All Agree
Industrial Waste Discharge Enforcement Agreed Order
Item 24. Docket No. 1999-0836-IWD-E. Consideration of an Agreed Order assessing administrative penalties against North Star Steel Texas, Incorporated, in Jefferson County; Water Quality Permit No. 0971 and TPDES Permit No. TX0067695; for water quality violations pursuant to TEX. WATER CODE chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michelle L. Harris)
Issue Agreed Order, RM/JB. All Agree
On-Site Installer Enforcement Agreed Order
Item 25. Docket No. 1999-0815-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Ernest L. Thompson in Fort Bend, Waller and Brazoria Counties; On-Site Sewage Facility Installer No. OS5196; 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. (Sherry Smith)
Remand to Executive Director
Public Water Supply Enforcement Agreed Order
Item 26. Docket No. 1999-0926-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Juan Soto dba Bert and Ernies in Travis County; Public Water Supply No. 2270334; for drinking water quality violations pursuant to TEX. HEALTH AND SAFETY CODE ch. 341 and the rules of the Texas Natural Conservation Commission. (Kimberly McGuire)
Issue Agreed Order, RH/JB. All Agree
Rules
Item 27. Docket No. 2000-0047-RUL. Consideration for publication of a Notice of Intention to Review and propose readoption of 30 TAC Chapter 117, concerning Control of Air Pollution from Nitrogen Compounds. This review is in accordance with Texas Government Code, Section 2001.39 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. (Kathy Ramirez) (Rule Log No. 2000001-117-AI)
Approve Publication, RH/JB. All Agree
Item 28. Docket No. 2000-0085-RUL. Consideration for publication of, and hearing on, the following proposed new, amended, and repealed sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter H, Low Emission Fuels, Division 1, Gasoline Volatility; and corresponding revisions to the State Implementation Plan:
Section 114.301 - Control Requirements for Reid Vapor Pressure (amended)
Section 114.302 - Control Requirements for Sulfur (repealed)
Section 114.304 - Registration of Gasoline Producers and Importers (new)
Section 114.305 - Approved Test Methods (amended)
Section 114.306 - Recordkeeping Requirements (amended)
Section 114.307 - Exemptions (amended)
Section 114.308 - Alternative Early Implementation (repealed)
Section 114.309 - Affected Counties (amended)
These proposed revisions to Chapter 114 are one element of the control strategy in the 95-county East Texas Regional Control Zone in order to control ground-level ozone. These proposed revisions will require volatility controls on gasoline in the 95-county area with no increase in the use of methyl-tertiary-butyl-ether by producers to meet the volatility requirements. The proposed revisions also remove the obsolete sulfur requirements, require registration by gasoline producers and importers, and enhance the enforcement mechanisms. (Alan Henderson/Bob Reese) (Rule Log No. 2000-002-114-AI)
Approve Publication, RH/JB. All Agree
Item 29. Docket No. 1999-1587-RUL. Consideration for publication of, and hearing upon, the following proposed revised and new sections to 30 TAC Chapter 113, Control of Air Pollution from Toxic Materials, Subchapter A, Definitions; Subchapter D, Designated Facilities and Pollutants, new Division 2, Hospital/Medical/Infectious Waste Incinerators; and corresponding revisions to the State Plan for the Control of Designated Facilities and Pollutants:
Section 113.1 - Definitions
Section 113.2070 - Definitions
Section 113.2071 - Designated Facilities
Section 113.2072 - Emission Limits
Section 113.2074 - Inspection Requirements
Section 113.2075 - Compliance and Performance Testing Requirements
Section 113.2076 - Monitoring, Reporting, and Recordkeeping Requirements
Section 113.2077 - Waste Management Plan
Section 113.2078 - Operating Procedures and Operator Training/
Qualification Requirements
Section 113.2079 - Compliance Schedules
The proposed amendment and new sections to Chapter 113 and the corresponding state plan implement the emissions guidelines for existing hospital/medical/infectious waste incinerators as promulgated by the United States Environmental Protection Agency at Title 40 Code of Federal Regulations Part 60, Subpart Ce, Emissions Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, adopted September 15, 1997. (Alan Henderson/David Ferrell) (Rule Log No. 98012-113-AI).
Approve Publication and Hearing, RM/RH. All Agree
Item 30. Docket No. 2000-0071-RUL. Consideration for publication of a proposed amendment to 30 TAC Chapter 281, Section 281.18, Applications Returned. The proposed amendment establishes a submission deadline for permit applicants who have received notice from the commission that the commission needs additional information or materials to declare the applicant's application administratively complete. This proposed amendment implements the requirements of Senate Bill 486, 76th Legislature, 1999. (Ray Austin) (Rule Log No. 1999-051-281-WS).
Approve Publication and Hearing, RM/RH. All Agree
Item 31. Docket No. 2000-0036-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 113, Subchapter C, National Emissions Standards for Hazardous Air Pollutants for Source Categories, Sections 113.100, 113.110, 113.120, 113.130, 113.180, 113.190, 113.200, 113.240, 113.250, 113.260, 113.290,113.350, 113.360, 113.460, 113.470, 113.480, 113.490, 113.530, 113.620, and 113.670; and proposed new Sections 113.320, 113.330, 113.390, 113.500, 113.510, 113.520, 113.540,113.560, 113.600, 113.610, 113.650, 113.690, 113.700, 113.710, 113.720, 113.730, 113.770, 113.790 and 113.810. The proposed rules would incorporate by reference changes that the United States Environmental Protection Agency (EPA) has made to certain Maximum Achievable Control Technology (MACT) standards that the commission has previously adopted and would incorporate by reference 19 new federal MACT standards for the control of hazardous air pollutant emissions from specific source categories. MACT standards are found in Title 40 Code of Federal Regulations Part 63.
Previously adopted MACT standards that EPA has amended are: General Provisions, Subpart A; Synthetic Organic Chemical Manufacturing Industry, Subpart F; Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, Subpart G; Organic HAP for Equipment Leaks, Subpart H; Perchloroethylene Dry Cleaning Facilities, Subpart M; Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Subpart N; Ethylene Oxide Commercial Sterilization and Fumigation Operations, Subpart O; Pulp and Paper Production, Subpart S; Halogenated Solvent Cleaning, Subpart T; Group I Polymers and Resins, Subpart U; Secondary Lead Smelting, Subpart X; Off-site Waste Recovery, Subpart DD; Magnetic Tape Manufacturing, Subpart EE; Tanks - Level 1, Subpart OO; Containers, Subpart PP; Surface Impoundments, Subpart QQ; Individual Drain Systems, Subpart RR; Oil Water Separators & Organic-Water Separators, Subpart VV; Hazardous Waste Combustors, Subpart EEE; and, Group IV Polymers and Resins, Subpart JJJ.
Sections 113.110, 113.120, and 113.130 are part of the Hazardous Organic National Emission Standards for Hazardous Air Pollutants or Hazardous Organic NESHAPS (HON). The HON was adopted as a control measure in the ozone nonattainment areas in the State Implementation Plan (SIP) and, therefore, the amendments to these subparts will be considered a revision to the SIP.
The 19 new federal MACT standards are: Phosphoric Acid, Subpart AA; Phospate Fertilizers, Subpart BB; Oil & Natural Gas Production, Subpart HH; Closed Vent Systems, Control Devices, Recovery Devices, and Routing to Fuel Gas System or Process, Subpart SS; Equipment Leaks - Control Level 1, Subpart TT; Equipment Leaks - Control Level 2, Subpart UU; Storage Vessels - (Tanks) Control Level 2, Subpart WW; Generic MACT+, Subpart YY; Steel Pickling - HCL Process, Subpart CCC; Mineral Wool Production, Subpart DDD; Natural Gas Transmission and Storage, Subpart HHH; Portland Cement Manufacturing, Subpart LLL; Pesticide Active Ingredient Productions, Subpart MMM; Wool Fiberglass Manufacturing, Subpart NNN; Manufacture of Amino/Phenolic Resins, Subpart OOO; Polyether Polyols Production, Subpart PPP; Primary Lead Smelting, Subpart TTT; Publically Owned Treatment Works, Subpart VVV; and, Ferroalloys Productions, Subpart XXX.
MACT standards are applicable statewide to major and a limited number of non-major or area sources which emit any of EPA-designated 188 hazardous air pollutants. The level of control is based on the maximum level of control achieved in practice within the industry. The staff also requests approval to seek formal delegation from EPA for the 19 new MACT standards. (Kathy Ramirez / Steve Hagle) (Rule Log No. 99082-113-AI).
Approve Publication and Hearing, RH/RM. All Agree
Item 32. Docket No. 1999-1166-RUL Consideration for adoption of the following new subchapter and sections of 30 TAC Chapter 328:
Subchapter H - Symbols for Certain Plastic Containers
Section 328.120 - Purpose
Section 328.121 - Applicability
Section 328.122 - Definitions of Terms
Section 328.123 - Symbols for Certain Plastic Containers
The adopted rules would establish procedures and requirements for the labeling of certain plastic containers. (Pharr Andrews) (Rule Log No. 98033-328-WS).
Approve adoption of rules, RM/RH. All Agree
Item 33. Docket No. 1999-0755-RUL. Consideration of the adoption of the review and readoption, with amendments, of 30 TAC Chapter 118, Control of Air Pollution Episodes, and corresponding revisions to the State Implementation Plan. The amendments improve readability and update references and citations.
This review complies 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 proposed amendments and notice of intention to review were published in the October 15, 1999 issue of the Texas Register (24 TexReg 8913 and 9059). (Barry Irwin/Terry Leifeste) (Rule Log No. 999-026-118-AI).
Approve adoption of rules, RM/RH. All Agree
Item 34. Docket No. 2000-0032-SIP. Consideration for publication of, and hearing upon, an agreed order with Alcoa Inc., formerly known as Aluminum Company of America, Milam County, Texas, Account Number MM-0001-T and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreed order and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxide. (Bill Jordan) (Rule Log Nos. 99022-SIP-AI and 99055-SIP-AI)
Approve publication and hearing, RM/RH. All Agree
EXECUTIVE SESSION
Item 35. 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.
Item 36. 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.
(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, February 9, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 37. Docket No. 1999-1508-AIR. Consideration of hearing requests, comments and responses to comments submitted relating to Valero Refining Company - Texas' application to amend Air Quality Permit Nos. 39142 and PSD-TX-822M2. Amendment of Permit No. 39142 will allow Valero to convert several authorizations into a flexible permit for continued operation of its petroleum refiner in Texas City, Galveston County, Texas. In addition to converting its Air Quality Permit No. 39142 into a flexible permit, the application seeks to authorize construction of a new cooling tower, six new heaters, and additional piping. The proposed changes involved with the construction project trigger Prevention of Significant Deterioration (PSD) for CO. As a result, Permit No. PSD-TX-822M2 is also being amended to reflect the triggering of PSD associated with this application. The Commission will consider the application, the hearing requests and related comments and responses to comments filed on the application. (Lisa McClain, John Vermillion)
Deny hearing request and approve application, RM/RH. All Agree


AGENDA

Wednesday, February 9, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1997-0889-PWS-E; SOAH Docket No. 582-98-2069. Consideration of the Administrative Law Judge's Proposal for Decision and Order assessing penalties and requiring certain actions of Linda Daniels dba Sandy Creek Marina in Livingston, Polk County, for alleged violations for failure to comply with regulations for public drinking water systems.
Adopt Proposal for Decision and Issue Order, RM/RH. All Agree
Item 2. Docket No. 1994-0334-WR. Consideration of the application by the City of Dallas for water rights Permit No. 5414. The Commission issued an order approving the application on December 28, 1994. The 200th Judicial District Court of Travis County issued a Judgement remanding the application to the Commission in Cause No. 95-03161, Dallas County Park Cities Municipal Utility District v. TNRCC. On July 9, 1997 the Commission considered the Judgement by the 200th District Court in Travis County and remanded the application to the Executive Director for further consideration. The Commission will now reconsider the Judgement remanding the application to the Commission that was issued by the 200th Judicial District Court of Travis County in Cause No. 95-03161. The City of Dallas application seeks authorization to divert, for municipal use, a maximum of 40,000 acre-feet per year of the periodically occurring higher flows of the Elm Fork Trinity River, Trinity River Basin, at two diversion points in Dallas County, Texas. (Robert Martinez, Terry Slade)
Adopt Executive Director's Brief and Issue Term Permit, RH/RM. All Agree