OLD BUSINESS AGENDA

Wednesday, April 5, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of March 8, 2000.
Item 1. Docket No. 2000-0057-IWD. Consideration of permit application 01968, submitted by GEORGIA-PACIFIC CORPORATION, for a renewal of TNRCC Permit No. 01968, which authorizes discharge of stormwater on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0030571 issued on November 2, 1988 and TNRCC Permit No. 01968, issued on July 11, 1994. The applicant operates the Houston Lignin Plant, a facility where lignosulfonates, resin-based and lignite-based products are produced and stored. The plant site is located at 10120 Hirsch Road, south of the Parker Street and Hirsch Road intersection, 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. (Nicole Janak/Kathy Brown)
Grant hearing request and allow ADR 4 to 6 weeks for mediation, RH/RM. All Agree


ADDENDUM TO OLD BUSINESS AGENDA

Wednesday, April 5, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of March 22, 2000.
Item 2. 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, Guidelines and Requirements. This 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 requires state agencies to review and consider for readoption each of their rules every four years. The amendments would implement changes made by Senate Bill 657, 76th Legislature, 1999 and clarify the intent of the rules. The proposal was published in the December 3, 1999 issue of the Texas Register (24 TexReg 10801). (John Warden) (Rule Log No. 99037-288-WT)
See Item #38
Item carried forward from Agenda of March 22, 2000
Item 3. 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 19, 2000


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, April 5, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Air Enforcement Agreed Orders
Item 1. Docket No. 1999-1269-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Gary McCuvvins dba Melody Ranch Sales in Tarrant County: Air Account No. TA-3752-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. (Jorge Ibarra/Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 2. Docket No. 1999-0964-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Sam Aboul-Jibin dba Mondial Sales and Services Center in Tarrant County; Air Account No.TA-3907-I; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue agreed order, RH/RM. All Agree
Item 3. Docket No. 1999-0962-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Johnny Smith dba Johnny Smith Used Cars in Tarrant County; Air Account No. TA-3236-N; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 1999-0961-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mickey Garner dba Majic Enterprizes in Tarrant County; Air Account No. TA-3822-R; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 1999-0401-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ultramar Diamond Shamrock, L.P.in Live Oak County; Air Account No. LK-0009-T; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald/Lawrence King)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 199-1251-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BFI Waste Systems of North America, Inc. in Jones County; Air Account No. JI-0046-S; 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. (Kara Dudash/Stacey Young)
Issue agreed order, RH/RM. All Agree
Item 7 . Docket No. 1999-0763-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Greenbrier Operating Company in Hidalgo County; Air Account No. HN-0306-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. (Fara L. O'Neal/Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 1999-1464-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso County Water Improvement District No. 1 in El Paso County; Air Account No. EE-2055-E; 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. ( Stacey Young)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 1999-1187-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mooney Aircraft Corporation in Kerr County; Air Account No. KF-0007-V; 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. (Malcolm A. Ferris/Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 1999-1268-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pantex Manufacturing, Incorporated in Kaufman County; Air Account No. KB-0058-C; 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,P.E.,/Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 11. Docket No. 1999-0845-PST-E. Consideration of an Agreed Order assessing administrative penalties of Cooper's Automotive, Inc. in Jefferson County; Petroleum Storage Tank Facility ID No. 0008290; 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. (Susan Kelly/Bill Davis)
Issue agreed order, RM/JB. All Agree
Item 12. Docket No. 1999-0993-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Franklin Barron dba formerly Lakeway Village and Grocery in Brown County; PST Facility ID No. 28128; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash/Michael De La Cruz)
Issue agreed order, RM/JB. All Agree
Item 13. Docket No. 1999-1066-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mohammad Arif dba Super Star #3 in Orange County: PST Facility ID No. 0027472; 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/David Van Soest)
Issue agreed order, RM/JB. All Agree
Item 14. Docket No. 1999-1220-PST-E. Consideration of an Agreed Order assessing administrative penalties of Khalil's Zoom-In Market, Inc. in Tarrant County; Petroleum Storage Tank Facility ID No. 0034297; 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. ( Steven Lopez)
Issue agreed order, RM/JB. All Agree
Item 15. Docket No. 1999-0843-PST-E. Consideration of an Agreed Order assessing administrative penalties of Hotel Paso Del Norte, Inc. in El Paso County; PST Facility ID No. 0056571; 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. (Rebecca Cervantes/Kristi Jones)
Issue agreed order, RM/JB. All Agree
Item 16. Docket No. 1998-0834-PST-E. Consideraton of an Agreed Order assessing administrative penalties and requiring certain actions of Maxey Energy Company in Uvalde County; PST Facility ID No. 0023529; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris/Kristi Jones)
Issue agreed order, RM/JB. All Agree
Item 17 Docket No. 1999-0830-PST-E. Consideration of an Agreed Order assessing administrative penalties against Rakesh Korpal dba Pantry Place in Hardin County PST Facility ID No. 0008060; for petroleum storaage 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.( Susan Kelly/Duane Tisdale)
Issue agreed order, RM/JB. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 18. Docket No. 1999-1355-IHW-E. Consideration of an Agreed Order assessing administrative penalties against All American Chevrolet, Inc. in Tom Green County; Industrial Hazardous Waste No. 67534; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Mark L. Newman/Keith Witter)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 1999-0894-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Rhodia, Incorporated in Harris County; Industrial Solid Waste Registration No. 31019; for industrial & hazardous waste violations pursuant to 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. (Billie C. Zaporteza/Rebecca Clausewitz)
Issue agreed order, RH/RM. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 20. Docket No. 1999-0928-MWD-E. Consideration of an Agreed Order ssessing administrative penalties and requiring certain actions of DDS Aggregates, Inc. in Liberty County for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht/Julie McMasters)
Issue agreed order, JB/RH. All Agree
Item 21. Docket No. 1999-0910-MWD-E. Consideration of an Agreed Order ssessing administrative penalties against Door To Recovery, Inc. in Brazoria County; Water Quality Permit No. 13941-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris)
Issue agreed order, JB/RH. All Agree
On-Site Installers Certification Enforcement Agreed Order
Item 22. Docket No. 1999-1033-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Carl Rangel in Wise County; OSSF Installer Certification No. None; for on-site sewage facility violations pursuant to Tex. Health & Safety Code ch. 366 and Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath)
Issue agreed order, JB/RH. All Agree
Occupational Certification Enforcement Agreed Order
Item 23. Docket No. 1999-1193-OSS-E. Consideration of an Agreed Order resolving an enforcement action and assessing an administrative penalty against Marco D. Fernandez in Medina County; Installer Certification ID NO. OS2409; for occupational certification violations pursuant to Tex. Health & Safety Code ch. 366 and Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Robbie Allen)
Issue agreed order, JB/RH. All Agree
Public Water Supply Enforcement Agreed Orders
Item 24. Docket No. 1999-1258-PWS-E. Consideration of an Agreed Order requiring certain actions of Eddie McFarland in Jasper County; Waterworks Operator Certificate No. 438-41-6605; for drinking water quality violations pursuant to the Texas Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 1999-1099-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of G-M Water Supply Corporation in Sabine County; Public Water Supply No. 2020067; for drinking water quality violations pursuant to Tex. Health And Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly
Issue agreed order, RM/RH. All Agree
Adoption of Rules
Item 26. Docket No. 1999-1054-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste:
335.1 Definitions.
335.2 Permit Required.
335.41 Purpose, Scope and Applicability.
335.261 Universal Waste Rule.
335.431 Purpose, Scope, and Applicability.
The adoption would add hazardous waste lamps to the list of universal wastes and make other changes addressing recent United States Environmental Protection Agency regulations relating to universal wastes. The adoption would also make certain technical changes and cross-reference corrections. The proposed rules were published in the November 5, 1999 issue of the Texas Register (24 TexReg 9777). (Ray Austin) (Rule Log No. 1998-002-335-WS)
Adopt, amendments with modifications as suggested by staff, JB/RH. Marquez abstains
Item 27. Docket No. 1999-1420-RUL. Consideration for adoption of an amendment to 30 TAC Section 114.21 (Exclusions and Exceptions) in Subchapter B (Motor Vehicle Anti-tampering Requirements), Chapter 114 (Control of Air Pollution from Motor Vehicles). The amendment aligns the statewide anti-tampering provisions and exemptions for motor vehicle air pollution control systems with the federal requirements outlined in the Federal Clean Air Act, Section 203 (42 USC Section 7522). (Alan Henderson/Bob Reese) (Rule Log No. 1999-066-114-AI).
Approve adoption, RM/JB. All Agree
Publication of Rules
Item 28. Docket No. 2000-0169-RUL. Consideration for publication of the following proposed new and amended sections of 30 TAC Chapter 205, General Permits for Waste Discharges:
amended Section 205.1 Definitions
amended Section 205.2 Purpose and Applicability
amended Section 205.3 Public Notice, Public Meetings, and Public Comment
amended Section 205.4 Authorizations and Notices of Intent
amended Section 205.5 Permit Duration, Amendment, and Renewal
amended Section 205.6 Annual Fee Assessments
new Section 205.7 Additional Characteristics and Conditions for General Permits
The proposed rules implement House Bill 1283, 76th Legislature, 1999, which amended Texas Water Code, Section 26.040, and clarify the requirements and procedures for issuing a general permit and obtaining authorization for discharge under a general permit. (Robert Robinson) (Rule Log No. 1999-034-205-WT)
See # 39
Item 29. Docket No. 2000-0220-RUL. Consideration for publication of and hearing upon, proposed new Chapter 80, Subchapter C, Section 80.128, Specific Admissibility of Evidence. The proposed new section will implement Senate Bill 1298, 76th Legislature, 1999, regarding the submittal of dispersion modeling in a public hearing concerning a concrete batch plant standard permit. (Anne Inman/Phil Harwell) (Rule Log No. 1999-060-116-AI)
Approve publication and hearing, RM/JB. All Agree
Item 30. Docket No. 2000-0232-RUL. Consideration for publication of a Notice of Intention to Review 30 TAC Chapter 297, Water Rights, and proposed amendments to the following sections of 30 TAC:
Chapter 297, Water Rights.
Section 297.21 - Domestic and Livestock Use
Section 297.41 - General Approval Criteria
Chapter 304 - Watermaster Operations
Section 304.21 - Allocation of Available Waters
The proposed amendments would implement Senate Bill 658 and House Bill 2572, 76th Legislature, 1999, and transfer authority to protect domestic and livestock use to basins covered by watermaster operations.
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. (Bruce Moulton) (Rule Log No. 1999-078-297-WT)
Approve publication , JB/RH. All Agree
Item 31. Docket No. 2000-0085-RUL. Consideration for adoption of the following 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 revisions to Chapter 114 are one element of the ground-level ozone control strategy in the 95-county East Texas Regional Control Zone. These revisions will require volatility controls on gasoline in the 95-county area while prohibiting an increase in the use of methyl-tertiary-butyl-ether by producers to meet the volatility requirements. The revisions also remove obsolete sulfur requirements, require registration by gasoline producers and importers, and enhance the enforcement mechanisms. The proposal was published in the February 25, 2000 issue of the Texas Register (25 TexReg 1556).(Alan Henderson/Bob Reese) (Rule Log No. 2000-002-114-AI)
Approve with modification, RH/RM. All Agree
Item 32. Docket No. 2000-0170-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 290, Public Drinking Water, Subchapter D, Sections 290.38, 290.39, 290.41, 290.42, 290.44 - 290.47, Rules and Regulations for Public Water Systems; proposed repeal of Subchapter F, Sections 290.101 - 290.121, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems; and proposed new Subchapter F, Sections 290.101 - 290.115, 290.117 - 290.119, 290.121 - 290.122, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems. If approved the proposed rules would adopt provisions of the federal Stage 1 Disinfectants and Disinfection By-products and Interim Enhanced Surface Water Treatment rules and amend state design criteria for drinking water supply systems. (Jack Schulze) (Rule Log No. 1999-015-290-WT)
See Item 40
Item 33. Docket No. 2000-0293-RUL. Consideration for publication of, and hearing upon, proposed amendments to and proposed repeal in 30 TAC Chapter 293, Water Districts:
293.11, concerning Information Required To Accompany Applications for Creation of Districts;
293.12, concerning Creation Notice Actions and Requirements;
293.32 concerning Qualifications of Directors;
293.33, concerning Commission Appointment of Directors;
293.42, concerning Submitting of Documents;
293.44, concerning Special Considerations;
293.46, concerning Construction Prior to Commission Approval;
293.47, concerning Thirty Percent of District Construction Costs To Be Paid by Developer;
293.48, concerning Street and Water, Wastewater and Drainage Utility (Street and Utility) Construction by Developer;
293.51, concerning Land and Easement Acquisition;
293.54, concerning Bond Anticipation Notes (BAN);
293.59, concerning Economic Feasibility of Project;
293.88, concerning Petition for Authorization To Proceed in Federal Bankruptcy;
293.96, concerning Miscellaneous Reports to be Submitted to the Executive Director
293.97, concerning Adoption of Fiscal Year and Operating Budget;
293.131, concerning Authorization for Dissolution of Water District by the Commission; &;
293.143, concerning Application Requirements for Standby Fees to be Used to Supplement the Operation and Maintenance Fund. (Michelle Lingo) (Rule Log No. 1999-044-293-WT).
The proposed rules will establish new requirements relating to the administration of water districts and the commission's supervision over their actions under Chapters 49, 51, 53, and 65 of the Texas Water Code (TWC), as amended by House Bill (HB) 846 and HB 1069, 76th Legislature, 1999. (Michelle Lingo, Angela Stepherson, Sam Jones) (Rule Log No. 1999-044-293-WT)
Approve publication and hearing, RH/RM. All Agree
Petition
Item 34. Docket No. 2000-0288-RUL. Consideration of a petition for rulemaking, filed by Lyondell Chemical Company, to adopt an amendment to 30 TAC Chapter 101, Subchapter A, Section 101.1(108), concerning Definitions. The Petitioner proposes to amend the section to exclude t-Butyl Acetate (TBAc) from the state definition of volatile organic compound (VOC) in anticipation of the United States Environmental Protection Agency promulgating regulations to exclude TBAc from the federal definition of VOC. (Alan Henderson)
Deny petition, 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.
No Action Taken
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.
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, April 5, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 37. Docket No. 2000-0327-RES. Consideration of a resolution delegating to the Commission's General Counsel the authority to approve the publication of certain proposed rules or rules reviews in the Texas Register and any related hearings and related revisions to the state implementation plan.
Approve resolution, RM/JB. All Agree
Item 38. Docket No. 1999-1114-RUL. Consideration for the approval of the rules review and, readoption, with amendments of 30 TAC Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements. This 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 requires state agencies to review and consider for readoption each of their rules every four years. The amendments would implement changes made by Senate Bill 657, 76th Legislature, 1999 and clarify the intent of the rules. The proposal was published in the December 3, 1999 issue of the Texas Register (24 TexReg 10801). (Beecher Cameron) (Rule Log No. 99037-288-WT)
Approve rules review and readoption of amendments, RH/JB. All Agree
Item 39. Docket No. 2000-0169-RUL. Consideration for publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 205, General Permits for Waste Discharges:
amended Section 205.1 Definitions
amended Section 205.2 Purpose and Applicability
amended Section 205.3 Public Notice, Public Meetings, and Public Comment
amended Section 205.4 Authorizations and Notices of Intent
amended Section 205.5 Permit Duration, Amendment, and Renewal
amended Section 205.6 Annual Fee Assessments
new Section 205.7 Additional Characteristics and Conditions for General Permits
The proposed rules implement House Bill 1283, 76th Legislature, 1999, which amended Texas Water Code, Section 26.040, and clarify the requirements and procedures for issuing a general permit and obtaining authorization for discharge under a general permit. (Robert Robinson) (Rule Log No. 1999-034-205-WT)
Continued to April 19, 2000
Item 40. Docket No. 1999-0170-RUL. Consideration for publication of, and hearing on proposed amendments to Subchpater D, Sections 290.38, 290.39, 290.41, 290.44, 290.45 and 290.47; repeal of Sections 290.42, 290.46; and new Sections 290.42, 290.46 to 30 TAC Chapter 290, Public Drinking Water, relating to Rules and Regulations for Public Water Systems; and proposed repeal of Subchapter F, Sections 290.101 - 290.121, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems; and proposed new Subchapter F, Sections 290.101 - 290.115, 290.117 - 290.119, 290.121 - 290.122, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems. If approved the proposed rules would adopt provisions of the federal Stage 1 Disinfectants and Disinfection By-products and Interim Enhanced Surface Water Treatment rules and amend state design criteria for drinking water supply systems. (Jack Schulze) (Rule Log No. 1999-015-290-WT)
Approve publication and hearing, with changes, JB/RH. All Agree


OLD BUSINESS AGENDA

Wednesday, April 5, 2000

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg E.

Item carried forward from Agenda of September 15, 1999 and October 13, 1999 and January 12, 2000.
Item 1. TNRCC Docket No. 1997-0956-AGR-E, SOAH Docket No. 582-98-0865. Administrative Law Judge's Proposal for Decision and Order against R.J. Smelley Company, Inc. for alleged violations of Chapter 26 of the Texas Water Code and 30 Texas Administrative Code Chapters 70 and 321 regarding operations at a dairy concentrated feeding operation in Parker and Tarrant Counties, Texas.
See Item #4


AGENDA

Wednesday, April 5, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1999-0413-MWD; SOAH Docket No. 582-99-1273. Consideration of Administrative Law Judge's Proposal for Decision concerning the application of Hammond Mound Utilities, Inc, for TPDES Permit No. 13984-001 to authorize an interim daily average flow of 49,000 gallons per day, with a final permitted flow of 99,000, upon completion of second phase expansions of treated domestic wastewater effluent in Waller County, Texas and Segment No. 1202 of the Brazos River Basin.
Adopt ALJ's proposal for decision and accept the applicants exceptions as requested by applicant, RM/RH. All Agree
Item 2. TNRCC Docket No. 1998-1303-AIR-E; SOAH Docket No. 582-99-2446. Proposal for Decision and Order against Texas Industrial Scrap Iron and Metals, Inc., located in Fort Worth, Tarrant County, Texas, for alleged violations on four separate occasions, of dust emissions from the plant that resulted in nuisance conditions in violations of 30 TEX. ADMIN. CODE (TAC) 101.4 and TEX. HEALTH & SAFETY CODE (Code) 382.085(a) and (b).
Adopt ALJ's proposal for decision and order, RH/RM. All Agree
Item 3. Consideration of the motions to overturn filed by Texas Pipe & Supply Company, Inc. and 288/Holmes Road JV concerning the Executive Director's decision authorizing the operation of a portable concrete crusher by Southern Crushed Concrete, Inc. under Permit No. 40072 at 10501 East Almeda Road, Houston, Harris County; TNRCC Docket No. 2000-0275-AIR.
Grant motion to overturn and set aside ED's ruling, RM/JB. All Agree