AGENDA

Wednesday, March 22, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, March 22, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item carried forward from Agenda of October 27, 1999.
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 to June 1, 2000
Item carried forward from Agenda of February 24, 2000
Item 2. Docket No. 1998-0792-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Machelle Ralls dba MJM Investments dba Tres Rios RV River Resort & Campground in Somervell County; TNRCC ID No. 2130027; 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. (Richard O'Connell)
Issue Agreed Order, RM/RH. All Agree


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, March 22, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E.

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 2000-0115-MWD. Consideration of permit application # 10059-003, submitted by CROCKETT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 for a permit renewal (TNRCC Permit No. 10059-003), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 9,000 gallons per day via evaporation. The wastewater treatment facility serves the Crockett Heights area. The wastewater treatment facilities and disposal site are located approximately 0.5 mile north of Interstate Highway 10 at a point approximately 5 miles east of the intersection of State Highway 163 and Interstate Highway 10 in the City of Ozona in Crockett 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 for Processing
District Matter
Item 2. Docket No. 1999-1547-DIS. Consideration of a Proposed Order Approving the Application by Galveston County Water Control and Improvement District No. 12 for Approval of Fire Protection Plan. For Commission consideration. Applicant requests approval of fire protection plan and approval of contract providing fire protection services. TNRCC Internal Control No. 11171999-D06, Sam Jones)
Issue Proposed Order as corrected, JB/RM. All Agree
Renewal of Emergency Order
Item 3. Docket No. 1999-1206-UCR. Consideration of a request by the Executive Director to renew, for 180 days, an Emergency Order issued by the Executive Director appointing the El Paso County Water Control and Improvement District No. 4 as temporary manager of Cuadrilla Improvement Corporation's water and wastewater systems in El Paso County under the authority of Tex. Water Code chs. 5 and 13 and 30 Tex. Admin. Code Section 291.143. The Executive Director's Emergency Order was affirmed by the commission at its October 27, 1999 agenda meeting. (Nathan Block)
Approve renewal, RH/RM. All Agree
Air Enforcement Agreed Orders
Item 4. Docket No. 1999-1160-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Utex Industries, Incorporated in Colorado County; Air Account No. CR-0025-P; 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. (Rohit Bali and Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 5. Docket No. 1999-1325-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Mr. Johnny Clemons dba Clemons Auto Sales in Kaufman County; Air Account No. KB-0183-V; 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. (Wendy Penland/Suzanne Walrath)
Issue Agreed Order, RM/RH. All Agree
Item 6. Docket No. 1999-1011-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D and R Metal Finishing in Harris County; Air Account No. HG-1790-Q; 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. (Carl Schnitz)
Issue Agreed Order, RM/RH. All Agree
Item 7. Docket No. 1999-0918-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of L.F. Manufacturing, Inc. in Lee County; Air Account No. LF-0053-U; for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code ch 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tina Rosenzweig/Julia McMasters)
Issue Agreed Order, RM/RH. All Agree
Item 8. Docket No. 1999-0985-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Vintage Petroleum, Inc. in Jackson County; TNRCC ID No. JB-0054-E; 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. (Julia McMasters)
Issue Agreed Order, RM/RH. All Agree
Item 9. Docket No. 1999-1271-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jeff Jeffers Enterprises, Incorporated dba Jeff's Auto Sales in Grayson County; Air Account No. GI-0273-U; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health and Safety Code ch. 382 and Tex. Water Code Ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra/Kristi Jones)
Issue Agreed Order, RM/RH. All Agree
Item 10. Docket No. 1999-1001-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulfstream Aerospace Corp., in Dallas County; Air Account No. DB-1589-T; 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/RH. All Agree
Item 11. Docket No. 1999-1053-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Nabisco, Inc. in Harris County; Air account No. HG-0854-W; 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. (Miriam Hall)
Issue Agreed Order, RM/RH. All Agree
Item 12. Docket No. 1999-1146-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rangerreo, L. P. in Eastland County; Air Account No. EA-0042-C; for air quality violations pursuant to the Texas Clean Air Act, the Texas Health & Safety Code ch. 382, the Texas Water Code ch.7, and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash/Carl Schnitz)
Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 13. Docket No. 1999-1101-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Duc Nguyen dba Nina Mart in Tarrant County; PST Store ID No. 0010460; for petroleum storage tank 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. (Sheila Smith)
Issue Agreed Order, RM/JB. ALL Agree
Item 14. Docket No. 1999-1098-PST-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Joseph Strom dba K & C Quick Stop in Lee County; PST Facility ID No. 0025495; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest)
Issue Agreed Order, RM/JB. All Agree
Item 15. Docket No. 1999-0939-PST-E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of Al Hadi, Inc. in McLennan County; PST Facility ID Nos. 29784 and 20766; for petroleum storage tank violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Donald Wyrick, Sushil Modak)
Issue Agreed Order, RM/JB. All Agree
Item 16. Docket No. 1999-0793-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cougar Stop Inc. in Galveston County; PST Facility ID No. 0015941; 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. (Kent Heath)
Issue Agreed Order, RM/JB. All Agree
Item 17. Docket No. 1999-0992-PST-E. Consideration of an Agreed Order assessing administrative penalties of Metro Suppliers, Incorporated in Travis County; PST Facility ID No. 0037325; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tina Rosenzweig/ Robbie Allen)
Issue Agreed Order, RM/JB. All Agree
Petroleum Storage Tank Enforcement Default Order
Item 18. Docket No. 1999-0531-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of KCCC, Inc. dba King's Creek Golf Club in Kaufman County; TNRCC ID No. 0063011; 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)
Remand to Executive Director
Municipal Waste Discharge Enforcement Agreed Orders
Item 19. Docket No. 1999-1015-MWD-E. Consideration of an Agreed Order assessing administrative penalties of North Green Municipal Utility District in Harris County; Water Quality Permit No. 12206-001 and NPDES Permit No. TX0083381; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, RM/JB. All Agree
Item 20. Docket No. 1999-1036-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Raymondville in Willacy County; Water Quality Permit No. 10365-001 and TPDES Permit No. TX0024546; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire)
Issue Agreed Order, RM/JB. All Agree
Item 21. Docket No. 1999-1091-MWD-E. Consideration of an Agreed Order assessing administrative penalties of West Hardin County Consolidated Independent School District in Hardin County; TNRCC Water Quality Permit No. 11274-001; NPDES Permit No. TX0030813; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RM/JB. All Agree
Item 22. Docket No. 1999-0565-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Aledo in Parker County; Water Quality Permit No. 10847-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/JB. All Agree
Public Water Supply Enforcement Agreed Orders
Item 23. Docket No. 1999-1092-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Bill Sisson dba Southwest Sports Plex in Lubbock County; Public Water Supply No. 1520227; for drinking water quality violations pursuant to Tex. Health 7 Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp/Sandy VanCleave)
Issue Agreed Order, RM/JB. All Agree
Item 24. Docket No. 1999-1133-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Longhorn Council of Boy Scouts of America dba Sid Richardson Scout Ranch in Wise County; Public Water Supply No. 2490021; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske)
Issue Agreed Order, RM/JB. All Agree
Item 25. Docket No. 1999-1064-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Bridgepoint Property Owners Association, Incorporated in Llano County; Public Water Supply No. 1500106; for drinking water quality violations pursuant to Texas Health & Safety Code ch. 341, Texas Water Code Ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/JB. All Agree
Item 26. Docket No. 1999-0955-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Treetop Utilities, Incorporated dba Treetop Estates in Parker County; Public Water Supply No. 1840134; for drinking water quality violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/JB. All Agree
Item 27. Docket No. 1999-0114-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hays County Youth Athletic Association, Inc. in Hays County; Public Water Supply No. 1050096; for drinking water violations pursuant to the Texas Health and Safety Code 341 and the rules of the Texas Natural Resource Conservation Commission. (Gayle Stewart)
Issue Agreed Order, RM/JB. All Agree
Item 28. Docket No. 1998-0691-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Max & Max, Inc. dba Lakeview Inn in Val Verde County: PWS ID No. 2330018; for public drinking water violations pursuant to Texas Health and Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Paul Beasley)
Issue Agreed Order, RM/JB. All Agree
Occupational Certification Enforcement Agreed Order
Item 29. Docket No. 1999-0882-WOC-E. Consideration of an Agreed Order assessing administrative penalties against Severn Trent Environmental Services, Inc. in Parker County; Certificate of Competency No. 20035; for occupational certification violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle)
Issue Agreed Order, RM/JB. All Agree
Water Right Enforcement Agreed Order
Item 30. Docket No. 1999-1062-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ronnie Stephens in Comanche County; for water rights violations pursuant to the Tex. Water Code ch. 11 and the rules of the Texas Natural Resource Conservation Commission. ( Jayme Brown)
Issue Agreed Order, RM/JB. All Agree
Sludge Enforcement Agreed Order
Item 31. Docket No. 1999-0945-SLG-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement against Billy Hammons dba B & H Septic Service in Wise County; Sludge Transporter Registration No. 20425; for water quality transporter violations pursuant to the Tex. Health and 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/RM. All Agree
Multi Media Enforcement Agreed Order
Item 32. Docket No. 1998-1468-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Spacer Company Incorporated in Dallas County; TNRCC ID No. 13186; for water violations pursuant to Chapter 7 and 26 of the Texas Water Code, and industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Code of Federal Regulations, and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, RM/RH. All Agree
Agricultural Enforcement Agreed Order
Item 33. Docket No. 1999-0313-AGR-E. Consideration of an Agreed Order assessing administrative penalties against David Bailey dba Bailey Egg Farm in Fayett County; TNRCC ID No. 02759-001; for confined animal feeding operation water quality violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RM/JB. All Agree
Municipal Solid Waste Default Order
Item 34. Docket No. 1999-0667-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Dyrl and Deal Ebanks dba Ideal Enterprises in Montgomery County; TNRCC ID No. 27024; 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. (William Puplamup)
Issue Default Order, RM/JB. All Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 35. Docket No. 1999-0795-IWD-E. Consideration of an Agreed Order assessing administrative penalties of Solvay Polymers, Inc. in Harris County; Water Quality Permit No. 00544; for water quality violations pursuant to 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 36. Docket No. 1999-0794-IWD-E. Consideration of an Agreed Order assessing administrative penalties of Solvay Interox, Inc. in Harris County; Water Quality Permit No. 002544; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tim Hasse)
Issue Agreed Order, RM/RH. All Agree
Item 37. Docket No. 1999-0920-IWD-E. Consideration of an Agreed Order assessing administrative penalties of William L Bonnell Company, Inc. dba Bon L Campo, Limited Partnership in Wharton County; TNRCC Water Quality Permit No. 01208; NPDES Permit No. TX0030597; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RM/RH. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 38. Docket No. 1999-0735-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frontier Automotive, Inc. in Lubbock County; Industrial Solid Waste Registration None; for industrial & Hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp/Ryan Tisdale)
Issue Agreed Order, RH/JB. All Agree
Item 39. Docket No. 1999-0943-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Chemical & Metallurgical Corporation in Brazoria County; 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. (Susan Johnson)
Issue Agreed Order, RH/JB. All Agree
Miscellaneous
Item 40. Docket No. 2000-0215-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies. (T. Coronado)
Adopt Resolution, JB/RH. All Agree
Rules
Item 41. Docket No. 2000-0204-RUL. Consideration for publication of new 30 TAC Chapter 14, Grants. The proposed rules implement House Bill 3561, 76th Legislature, 1999, which added Section 5.125, Authority to Award Grants, to the Texas Water Code. Section 5.125 requires the commission to adopt rules which establish procedures for awarding grants, for making any determination relating to awarding grants, and for making grant payments. (Barry Irwin/Doug McArthur) (Rule Log No. 1999-040-014-AD).
Continued to April 5, 2000
Item 42. Docket No. 2000-0203-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 101, General Air Quality Rules, Sections 101.27, Emission Fees; and 101.333, Allocation of Allowances; 30 TAC Chapter 106, Exemptions from Permitting, Sections 106.1, Purpose; 106.2, Applicability; 106.4, Requirements for Exemption from Permitting; 106.6, Registration of Emissions; 106.13, Permits by Rule; and all sections of Chapter 106, Subchapters C - X; 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; Sections 116.10, General Definitions; 116.110, Applicability; 116.116, Changes to Facilities; 116.603, Public Participation in Issuance of Standard Permits; 116.620, Installation and/or Modification of Oil and Gas Facilities; 116.621, Municipal Solid Waste Landfills; 116.710, Applicability; 116.715, General and Special Conditions; 116.721; Amendments and Alterations; 116.722, Distance Limitations; and 116.750, Flexible Permit Fee. The commission will consider for publication of, and hearing upon, new Sections 116.119, De Minimis Facilities or Sources; 116.1010, Applicability; 116.1011, Multiple Plant Permit Application; 116.1014, Application Review Schedule; 116.1015, General and Special Conditions; 116.1020, Modifications; 116.1021, Amendments and Alterations; 116.1040, Multiple Plant Permit Public Notice; 116.1041, Multiple Plant Permit Public Comment Procedures; 116.1050, Multiple Plant Permit Application Fee; 116.1060, Multiple Plant Permit Renewal; and 116.1070, Delegation. If adopted, the amendments and new sections would implement the remaining portions of Senate Bill 766, 76th Legislature, relating to emission fee increases, permits by rule, exemptions from permitting, de minimis classification for small sources of air contaminants, and multiple plant permits. Beginning September 1, 2001, emission fees for grandfathered facilities without pending permit application under Chapter 116 would be applied to all emissions from the facility and the emission fee rate would triple for those emissions over 4,000 tons per year and triple each subsequent fiscal year. The authorizations formerly known as exemptions from permitting would become permits by rule and would be used to authorize new construction and insignificant changes at existing facilities. The amendments related to de minimis would allow construction of very small sources of air contaminants without prior authorization from the commission. A multiple plant permit would allow the combination of multiple facilities or sites under one permit provided the facilities and sites were under common ownership or control. Section 101.333 would be amended to correct an inadvertent omission of the term "NOx. Sections 106.201, 106.202, and 106.203 of Chapter 106, Subchapter H, Concrete Batch Plants, would be amended to state that registrations under those sections would no longer be accepted upon issuance of a concrete batch plant standard permit. The amendment to Section 116.603 would correct an incorrect reference. (Beecher Cameron) (Rule Log No. 1999-029B-116-AI).
See Item 58
Item 43. Docket No. 2000-0187-RUL. Consideration for publication of proposed amendments to the following sections of 30 TAC Chapter 305, Consolidated Permits, Subchapter M - Waste Treatment Inspection Fee Program:
305.502 - Definitions and Abbreviations
305.503 - Fee Assessment The proposed amendments implement certain provisions of Senate Bill 873, 76th Legislature, 1999. The proposed amendments would limit waste treatment inspection fees charged to aquaculture production facilities to no more than $5,000 annually. (Yvonna Pierce) (Rule Log No. 1999-036-305-WT)
Approve publication of proposed amendments, JB/RH. All Agree
Item 44. Docket No. 2000-0230-RUL. Consideration for publication of a Notice of Intention to Review 30 TAC Chapter 294, concerning Underground Water Management Areas. The review is in accordance with Texas Government Code, 2001.039 and the General Appropriations Act, Article IX, 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. (Steve Musick) (Rule Log No. 1999-075-294-WT).
Approve publication, RH/JB. All Agree
Item 45. Docket No. 2000-0186-RUL. Consideration for publication of, and hearing on, proposed amendments to the following sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the state implementation plan:
Section 115.420 - Surface Coating Definitions
Section 115.421 - Emission Specifications
Section 115.422 - Control Requirements
Section 115.423 - Alternate Control Requirements
Section 115.424 - Inspection Requirements
Section 115.425 - Testing Requirements
Section 115.426 - Monitoring and Recordkeeping Requirements
Section 115.427 - Exemptions
Section 115.429 - Counties and Compliance Schedules
The proposed amendments will incorporate federal volatile organic compound control technique guidelines for aerospace manufacturers and rework facilities and remove architectural coating requirements that have been superseded by federal rules. (Beecher Cameron) (Rule Log No. 1999-023-115-AI).
See Item 57
Rules Review, Readoption, and Adoption of Amendments
Item 46. Docket No. 1999-1114-RUL. Consideration for the approval of the rules review, readoption, and adoption of amendments to 30 TAC Chapter 288, Water Conservation Plans, Drought Contingency Plans
Continued until April 5, 2000
Rule Adoption
Item 47. Docket No. 1999-1266-RUL. Consideration for adoption of the review and the repeal of 30 TAC Chapter 284, 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, On-Site Sewage Facilities. The proposed review and repeal of this chapter was published for comment in the December 17, 1999 issue of the Texas Register (24 TexReg 11544 and 24 TexReg 11229). (Warren Samuelson) (Rule Log No. 1999-067-284-WT)
Approve adoption, RH/RM. All Agree
Total Maximum Daily Load
Item 48. Docket No. 1999-1307-TML. Consideration for adoption of the Total Maximum Daily Load (TMDL) allocation and implementation plan concerning dissolved nickel in the Houston Ship Channel System in the Houston metropolitan area of Harris County. When adopted, the TMDL will be incorporated into the state water quality management plan (WQMP) pursuant to the Federal Clean Water Act (CWA). (Larry Koenig) (Rule Log No. 1998-061-TML-WT)
Remanded to Executive Director
Petitions For Rulemaking
Item 49. Docket No. 2000-0241-RUL. Consideration of a petition for rulemaking filed by Representative John H. Shields requesting that the commission adopt new rules requiring tertiary protection for petroleum storage tanks (PSTs) in the Edwards Aquifer recharge zone and requiring additional restrictions on PSTs in the Edwards Aquifer Contributing Zone under 30 TAC Chapter 213, Edwards Aquifer. The Petitioner also requests that the commission adopt new rules to protect the Trinity Aquifer in northern Bexar County and place a temporary moratorium on underground petroleum storage tanks in that area until the new rules are in place. (Snehal Patel)
Deny petition, instructed staff to look at rulemaking as recommended by staff, RM/RH. All Agree
Item 50. Docket No. 2000-0240-RUL. Consideration of a petition for rulemaking filed by the Texas Manufactured Housing Association to adopt amendments to 30 TAC 50.31, Purpose and Applicability, 30 TAC 285.10, Delegation to Authorized Agents, and 30 TAC 285.11, Review of Locally Administered Programs. The Petitioner proposes the amendments to clarify the executive director's ability to act on applications for delegation of on-site sewage facilities (OSSF) authority, clarify the standards and limitations to be used in evaluating applications, and provide a means for ensuring authorized agents do not exceed their approved authority. (Kathy Brown)
Deny Petition, RH/JB. All Agree
EXECUTIVE SESSION
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.
No Action Taken
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.
No Action Taken
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ADDENDUM TO AGENDA

Wednesday, March 22, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item 53. Docket NO. 2000-0086-UIC. LYONDELL CHEMICAL WORLDWIDE INC. (formerly ARCO Chemical) for major amendments to underground injection control Permits Nos. WDW-148 and WDW-162. The proposed amendments would (1) change the maximum injection rate from 350 gallons per minute (gpm) per well to a cumulative maximum injection rate of 700 gpm for both wells; (2) change the maximum volume of wastewater injection from 183,960,000 gallons per year per well to the cumulative maximum volume of wastewater injection of 367,920,000 gallons per year for both wells; (3) reduce the frequency of monitoring the specific gravity of the injected wastes from once every 12-hour shift to once per week; and (4) delete the sections of the permits that refer to EPA defined hazardous waste codes because these provisions are regulated under the authority of the Environmental Protection Agency's hazardous waste injection program. The facility is located approximately 2.5 miles north of Channelview in Harris County. The wells were put into service in 1978 and 1980. The permitted injection interval is 6,500 to 7,200 feet. The Commission will consider the applications and the hearing request that has been filed on the applications.(Kelly Mego/Fred Duffy)
Deny hearing request, remand to Executive Director for Processing, RM/RH. All Agree
Item 54. Docket No. 2000-0116-AIR. Consideration of a hearing request relating to an application by Chevron Chemical Company for renewal of Air Quality Permit No. 8364A regarding the continued operation at its Cedar Babou plant of its Normal Alpha Olefin Units Nos. 1791 and 1797. The renewal of this permit would not result in an increase in allowable emissions, and would not result in the emission of an air contaminant not previously emitted. The Commission will consider the application and the hearing request filed on the application. (Kevin Jung/John Barrientez)
Deny hearing request, approve permit, RM/RH. All Agree
Item 55. Docket No. 1999-1508-AIR. Consideration of a hearing request relating to an application for an air quality permit by Freestone Power Generation, L.P. The application seeks authorization to construct and operate a natural gas fired electrical generation facility near Fairfield, Freestone County, Texas. The proposed project consists of four 175 megawatt General Electric Frame 75A combustion turbines and associated unfired heat recovery steam generators, with a combined nominal capacity of 1070 megawatts. The Commission will consider the application and the hearing request filed on the application. (Parker Wilson,Melissa Forey)
Submitted In Error


SECOND ADDENDUM TO AGENDA

Wednesday, March 22, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item 56. Docket No. 2000-0156-AIR. Consideration for a new Air Quality Permit No. 41249 & PSD-TX-940, submitted by Freestone Power Generation, L.P., to construct an Electric Generation Plant in Fairfield, Freestone County, Texas. The plant, if permitted and constructed, would have a nominal generating capacity of 1070 megawatts derived from four natural gas fired General Electric combustion turbines and one associated unfired heat recovery steam generator. The Commission will consider the application and one hearing request filed on the application. (Parker Wilson/Melissa Forey)
Deny hearing request and issue permit, RH/JB. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, March 22, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item 57. Docket No. 2000-0186-RUL. Consideration for publication of, and hearing on, proposed amendments to the following sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the state implementation plan:
Section 115.420 - Surface Coating Definitions
Section 115.421 - Emission Specifications
Section 115.422 - Control Requirements
Section 115.423 - Alternate Control Requirements
Section 115.424 - Inspection Requirements
Section 115.425 - Testing Requirements
Section 115.426 - Monitoring and Recordkeeping Requirements
Section 115.427 - Exemptions
Section 115.429 - Counties and Compliance Schedules
The proposed amendments will incorporate federal volatile organic compound control technique guidelines for aerospace manufacturers and rework facilities. This action would also propose that the alternate reasonably available control technology (ARACT) plans for Bell Helicopter-Textron, Raytheon, and Lockheed-Martin companies be removed from the state implementation plan. The amendments would remove architectural coating requirements that have been superseded by federal rules and include changes recommended by the commission's rule interpretation team to clarify the definition of "miscellaneous metal parts" and add a new definition of "daily weighted average". (Beecher Cameron) (Rule Log No. 1999-023-115-AI).
Approve publication and hearing, RM/RH. All Agree
Item 58. Docket No. 2000-0203-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 101, General Air Quality Rules, Sections 101.27, Emission Fees; and 101.333, Allocation of Allowances; 30 TAC Chapter 106, Exemptions from Permitting, Sections 106.1, Purpose; 106.2, Applicability; 106.4, Requirements for Exemption from Permitting; 106.6, Registration of Emissions; 106.13, Permits by Rule; and all sections of Chapter 106, Subchapters C - X; 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; Sections 116.10, General Definitions; 116.110, Applicability; 116.116, Changes to Facilities; 116.603, Public Participation in Issuance of Standard Permits; 116.620, Installation and/or Modification of Oil and Gas Facilities; 116.621, Municipal Solid Waste Landfills; 116.710, Applicability; 116.715, General and Special Conditions; 116.721; Amendments and Alterations; 116.722, Distance Limitations; and 116.750, Flexible Permit Fee. The commission will consider for publication of, and hearing upon, new Sections 116.119, De Minimis Facilities or Sources; 116.1010, Applicability; 116.1011, Multiple Plant Permit Application; 116.1014, Application Review Schedule; 116.1015, General and Special Conditions; 116.1020, Modifications; 116.1021, Amendments and Alterations; 116.1040, Multiple Plant Permit Public Notice; 116.1041, Multiple Plant Permit Public Comment Procedures; 116.1050, Multiple Plant Permit Application Fee; 116.1060, Multiple Plant Permit Renewal; and 116.1070, Delegation. If adopted, the amendments and new sections would implement the remaining portions of Senate Bill 766, 76th Legislature, relating to emission fee increases, permits by rule, exemptions from permitting, de minimis classification for small sources of air contaminants, and multiple plant permits. Beginning September 1, 2001, emission fees for grandfathered facilities without pending permit application under Chapter 116 would be applied to all emissions from the facility and the emission fee rate would triple for those emissions over 4,000 tons per year and triple each subsequent fiscal year. The authorizations formerly known as exemptions from permitting would become permits by rule and would be used to authorize new construction and insignificant changes at existing facilities. The amendments related to de minimis would allow construction of very small sources of air contaminants without prior authorization from the commission. A multiple plant permit would allow the combination of multiple facilities or sites under one permit provided the facilities and sites were under common ownership or control. Section 101.333 would be amended to correct an inadvertent omission of the term "NOx." Sections 106.201, 106.202, and 106.203 of Chapter 106, Subchapter H, Concrete Batch Plants, would be amended to state that registrations under those sections would no longer be accepted upon issuance of a concrete batch plant standard permit. The amendment to Section 116.603 would correct an incorrect reference. The amendments to 101.27, 101.333, 116.10, 116.110, 116.116, 116.603, 116.620, 116.621, 116.710, 116.715, 116.722, and 116.750 would also be proposed as revisions to the State Implementation Plan. (Beecher Cameron) (Rule Log No. 1999-029B-116-AI).
Approve publication and hearing, RM/JB. All Agree


AGENDA

Wednesday, March 22, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Room 201S, Bldg E

12100 Park 35 Circle

Item 1. Docket No. 2000-0132-MWD. Consideration of a Motion for Reconsideration concerning the issuance by the Executive Director of TPDES Permit No. 10846-002 to Nueces County WCID No 4. The permit authorizes the treatment and disposal of wastes from the Mustang Island South Wastewater Treatment Facility, located on Mustang Island on the west side of State Highway 361, approximately 6.25 miles southwest of the intersection of Avenue G and State Highway 361 in the City of Port Aransas, Nueces County, Texas.
Grant Motion for Rehearing, RH/JB. All Agree
Item 2. TNRCC Docket No. 1998-1232-AIR-E; SOAH Docket No. 582-99-0802. Consideration of Administrative Law Judge's Proposal for Decision and Order for alleged violations against Basse Truck Line, Inc. for air quality nuisance by its discharge of dust, located at Belgium Lane, San Antonio, Texas.
Grant Proposal for Decision and Issue Order, RH/JB. All Agree
Item 3. TNRCC Docket No. 1999-0491-AGR-E; SOAH Docket No. 582-99-2628. Consideration of Administrative Law Judge's Proposal for Decision and Order for alleged violations against Billie and Mae Brookins for failure to provide required waste control facilities to retain rainfall runoff from their hog farm in Mansfield, Tarrant County, Texas.
Grant Proposal for Decision and Issue Order, RM/JB. All Agree
Item 4. TNRCC Docket No. 1995-1626-WR and 1996-1017-WR; SOAH Docket No. 582-96-1213. Consideration of Administrative Law Judge's Proposal for Decision and Order concerning the application of Dallas County Park Cities MUD to amend Certificate of Adjudication No. 08-2363 and City of Dallas to amend Certificate of Adjudication No. 08-2458; Executive Director's Petition to amend Water Rights in Lake Grapevine, Certificate of Adjudication Nos. 08-2363 of Dallas County Park Cities MUD; 08-2458 of City of Dallas; and 08-2363 of City of Grapevine.
Adopt Proposal for Decision and Issue Order, adopt Executive Director's Exceptions and overruled all other exceptions, JB/RM. All Agree