AGENDA

Wednesday, April 19, 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, April 19, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of February 24, 2000.
Item 1. Docket No. 1999-1559-MWD. Consideration of permit application no. 14109-001, submitted by KATY-HOCKLEY CORP. for a new TNRCC Permit No. 14109-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The plant site is located approximately 300 feet southeast of the intersection of Katy Hockley Cutoff Road and Morton Road in 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 May 17, 2000
Item carried forward from Agenda of February 24, 2000.
Item 2. Docket No. 1999-1573-MWD. Consideration of permit application no. 13043-001, submitted by CREEKSIDE MOBILE COMMUNITY INVESTORS, a CALIFORNIA LIMITED PARTNERSHIP for a major amendment to TNRCC Permit No. 13043-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 115,000 gallons per day to a daily average flow not to exceed 140,000 gallons per day. The plant site is located at 4000 Ace Lane in the City of Lewisville approximately one mile south of the intersection of Ace Lane and Farm-to-Market Road 3040 and approximately 1.4 miles west and 1.2 miles south of the intersection of Farm-to-Market Road 3040 and State Highway 121 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.
Remanded to Executive Director
Item carried forward from Agenda of March 8, 2000.
Item 3. Docket No. 2000-0045-MWD. Consideration of permit application 11486-001, submitted by Harris County Municipal Utility District No. 70 for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11486-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The applicant has also requested a temporary variance to the existing water quality standards to allow time for the TNRCC to adopt a site specific standard for Bear Creek (in Addicks Reservoir) for incorporation into 30 TAC 307.2(d)(4). The variance would authorize a three year period in which the Commission will consider a recommended site-specific standard for Bear Creek (in Addicks Reservoir) and determine whether to adopt the standard or require the existing water quality standard to remain in effect. The plant site is located on the north bank of Langham Creek at Farm-to-Market Road 529 (Freeman Road) in Harris 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)
Remanded to Executive Director


ADDENDUM TO OLD BUSINESS

Wednesday, April 19, 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 and April 5, 2000.
Item 4. 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).
See Item # 62
Item carried forward from Agenda of April 5, 2000.
Item 5. 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 May 17, 2000


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, April 19, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Hearing Request
Item 1. Docket No. 2000-0244-MWD. Consideration of permit application # 11086-001, submitted by EVELYN FREEMAN FARHOOD for a major amendment to Permit No. 11086-001, to authorize an increase in the daily average flow from 15,000 gallons per day to 30,000 gallons per day and increase the acreage irrigated from 10 acres to 20 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 0.9 mile north of the intersection of Cattle baron and White Settlement Roads in Parker County, Texas. The Commission will also consider hearing request, related responses and replies, public comment and the Executive Director's response to comments.
Continued to May 17, 2000
Item 2. Docket No. 2000-0246-MWD. Consideration of permit application # 14009-001, submitted by TEXAS-SHM, INC. for a new TNRCC Permit No. 14009-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via subsurface drainfields with a total minimum area of 74,000 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located at 2600 North Main Street, on the east side of North Main Street, approximately 2,100 feet south of the intersection of North Main Street (Business Highway 287) and Turner Warnell (County Road 2026) in the community of Mansfield in Tarrant County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Grant Hearing, remand to ADR 4 to 6 weeks, if mediation fails forward to SOAH, RM/RH. All Agree
Authorization to Construct
Item 3. Docket No. 2000-0331-MWD. Consideration of an Order Authorizing Commencement of Construction of a Wastewater Treatment Plant under Tex.Water Code 26.019 and 26.027(c) by the Kopperl Independent School District in Kopperl, Bosque County, Texas. Kopperl Independent School District has a permit for a discharge of 12,000 gallons a day, and has applied to amend its permit for a discharge of 7,500 gallons per day. The facility has not been constructed. (Robin Smith, Kent Trede)
Grant Authorization to Construct, RH/RM. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 4. Docket No. 1999-0054-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Water Services, Inc. in Montgomery County; Water Quality Permit No. 12587-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding)
Issue Agreed Order, RM/JB. All Agree
Item 5. Docket No. 1999-1276-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Creekside Utilities, Inc. in Harris County; NPDES Permit No. TX0026247; 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 6. Docket No. 1999-0722-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CMH Parks, Inc. in Denton County; Water Quality Permit No. 13732-001; for water quality violations pursuant to Tex. Water Code ch. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RM/JB. All Agree
Item 7. Docket No. 1999-0771-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Northampton Municipal Utility District in Harris County; Water Quality Permit No. 10910-001 and NPDES Permit No. TX0058548; for water quality violations pursuant to Texas Water Code ch. 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/JB. All Agree
Item 8. Docket No. 1999-0875-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Lindale in Smith County; Water Quality Permit No. 10412-001 and NPDES Permit No. TX0052931; for water quality violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/JB. All Agree
Item 9. Docket No. 1999-0884-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pinecreek Village, Inc. in Denton County; Water Quality Permit No. 12771-001 (expired); 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
Municipal Waste Discharge Enforcement Default Order
Item 10. Docket No. 1999-0594-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Richard J. Walker dba Harborlight Campground in Sabine County; TNRCC ID No. 11432-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue Default Order, JB/RM. All Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 11. Docket No. 1999-0652-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Odfjell Terminals (Baytank) Inc. in Harris County; National Pollutant Discharge Elimination System Permit No. TX 0089192 and TNRCC Water Quality Permit No. 02547 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/RH. All Agree
Item 12. Docket No. 1999-0979-IWD-E. Consideration of an Agreed Order assessing administrative penalties of Bell Helicopter Textron Inc. in Tarrant County; Water Quality Permit No. 00367 and NPDES Permit No. TX0000892; for water quality violations pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Issue Agreed Order, RM/RH. All Agree
Edwards Aquifer Enforcement Default Order
Item 13. Docket No. 1999-0791-EAQ-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Amelia Flores in Hays County; TNRCC ID No. None; for water quality violations pursuant to Water Code Ch. 26 and the rules of the Texas Natural Resource Conservation Commission.
Issue Default Order, RH/RM. All Agree
Edwards Aquifer Enforcement Agreed Orders
Item 14. Docket No. 1999-0849-EAQ-E. Consideration of an Agreed Order assessing administrative penalties of AMLI Residential Partners, L.P. in Travis County; Edwards Aquifer Protection Program ID Nos. 99030101 and 99030102; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tina Rosenzweig/Karen Berryman)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 1999-1163-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kensing Iron Works, Inc. in Comal County; Edwards Aquifer Protection Program No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris and Subhash Jain)
Issue Agreed Order, RM/RH. All Agree
Sludge Enforcement Agreed Orders
Item 16. Docket No. 1998-0311-SLG-E. Consideration of an Agreed Order assessing administrative penalties against Biosolids Management, Inc. in Brazoria County; TNRCC ID No. 22430; for sewage sledge violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, JB/RM. All Agree
Item 17. Docket No. 1999-1335-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lee Gardner in Parker County; Sludge Transporter Registration No. 20689; for sludge transporter violations pursuant to Tex. Health And Safety Code ch. 361, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra and Subhash Jain)
Issue Agreed Order, JB/RM. All Agree
On-Site Sewage Installer Enforcement Agreed Orders
Item 18. Docket No. 1999-1261-OSS-E. Consideration of an Agreed Order assessing administrative penalties of Mr. Ralph Avery in Panola County; Installer Certificate No. OS2606; for On-Site Sewage Facility violations pursuant to the Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 366 and the rules of the Texas Natural Resource Conservation Commission. (Mohammed Issa)
Issue Agreed Order, RH/RM. All Agree
Item 19. Docket No. 1999-0768-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Love's Country Stores, Inc. in Caldwell County for water quality violations pursuant to Texas Health & Safety Code Ch. 366, Texas Water Code Ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Agreed Order, RH/RM. All Agree
On-Site Sewage Installer Enforcement Agreed Order
Item 20. Docket No. 1999-1127-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Delbert W. Van Cleve in Fort Bend County; Installer ID No. OS4173; 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. (Kristi Jones)
Issue Agreed Order, JB/RM. All Agree
On-Site Sewage Installers Default Order
Item 21. Docket No. 1999-0668-OSS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Richard and Melissa Gaston in Tarrant County; TNRCC ID No. None; for on-site sewage installer violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Default Order, RM/RH. All Agree
Public Water Supply Enforcement Agreed Orders
Item 22. Docket No. 1999-0516-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fletcher Animal Clinic, P. C. dba Cattail Creek Mobile Home Park and Donald S. Fletcher dba Equestrian Estates in Erath County; TNRCC ID Nos. 0720033 and 0720034; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross)
Issue Agreed Order, RM/RH. All Agree
Item 23. Docket No. 1999-0657-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Robert Deaton dba Oak Hill Development in Parker County; TNRCC ID No. 1840114; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 1999-1084-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bayside in Refugio County; Public Water Supply No. 1960007; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner and Kim McGuire)
Issue Agreed Order, RM/RH. All Agree
Item 25. Docket No. 1999-1169-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rod Walston dba Rose Hill Ranchettes Mobil Home Subdivision in Harris County; Public Water Supply No. 1011923, Certificate of Convenience and Necessity No. 11955; for drinking water quality violations pursuant to Tex. Health & Safety Code 341 and the rules of the Texas Natural Resource Conservation Commission. (Clint Pruett)
Issue Agreed Order, RM/RH. All Agree
Item 26. Docket No. 1999-1203-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thomas N. Thurber dba Hermann Oaks Mobile Home Park in Harris County; Public Water Supply No. 1012003; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire)
Issue Agreed Order, RM/RH. All Agree
Item 27. Docket No. 1998-0908-PWS-E. Consideration of an Agreed Order assessing administrative penalties of Mike Fite dba Tri City Beach Road Grocery in Chambers County; PWS No. 0360105; for public drinking water violations pursuant to Texas Health and Safety Code ch. 431 and the rules of the Texas Natural Resource Conservation Commission. (Paul Beasley)
Issue Agreed Order, RM/RH. A ll Agree
Item 28. Docket No. 1999-1257-PWS-E. Consideration of an Agreed Order requiring certain actions of Calvin Oates in Jasper County; Waterworks Operator Certificate No.461-40-2242; 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
Landscape Irrigator Installer Default Order
Item 29. Docket No. 1999-0740-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Martin Steele dba Steele Lawn Sprinklers in Dallas County; TNRCC ID No. None; for landscape irrigation installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Remand to Executive Director
Municipal Solid Waste Enforcement Default Order
Item 30. Docket No. 1999-0398-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Richardo Espericueta in Hidalgo County; TNRCC ID No. 1442; 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. (Lisa Lemanczyk)
Issue Default Order, RM/RH. All Agree
Municipal Solid Waste Enforcement Agreed Order
Item 31. Docket No. 1999-1046-MSW-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Waste Management of Texas, Incorporated dba Hillside Recycling & Disposal Facility in Grayson County; Municipal Solid Waste Permit No. 523A; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs.7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RH/JB. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 32. Docket No. 1999-0731-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Erath Recycling, Inc. and the City of Stephenville, in Erath County; TNRCC ID No. 664; for industrial and hazardous 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. (Lisa Lemanczyk)
Issue Agreed Order, RH/RM. All Agree
Item 33. Docket No. 1999-0730-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Erath Recycling Co., Inc. in Erath County; TNRCC ID No. 364; for industrial and hazardous 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. (Lisa Lemanczyk)
Issue Agreed Order, RH/RM. All Agree
Item 34. Docket No. 1999-1292-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bocks Board Packaging of Texas, Inc. in Dallas County; Industrial Hazardous Waste Permit No. F0396; for industrial & hazardous waste and underground injection control violations pursuant to Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7, 26, and 27, and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland/Michelle Harris)
Issue Agreed Order, RH/RM. All Agree
Item 35. Docket No. 1999-0996-IHW-E. Consideration of an Agreed Order assessing administrative penalties against SET Environmental, Inc. in Harris County; Solid Waste Registration No. 50267, EPA ID No. TXD055135388; for industrial & hazardous waste violations pursuant to Tex. 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 Zaporteza and Jamie Garza)
Issue Agreed Order, RH/RM. All Agree
Item 36. Docket No. 1999-1289-IHW-E. Consideration of an Agreed Order assessing administrative penalties of Borden Chemical, Inc. in Dallas County; Solid Waste Registration No. 30960; 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. (Wendy Penland/Eric Reese)
Issue Agreed Order, RH/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 37. Docket No. 1998-0582-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Helen Ables in McLennan and Hill Counties; TNRCC ID Nos. 40950, 40951, 40952, 40953, 40954, and 40955; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Remand to Executive Director, RH/RM. Commissioner Baker voted no
Item 38. Docket No. 1999-1254-PST-E. Consideration of an Agreed Order assessing administrative penalties against Motiva Enterprises LLC in Dallas County; PST Facility ID No. 0013603; 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. (Wendy Penland, David Van Soest)
Issue Agreed Order, RH/RM. All Agree
Item 39. Docket No. 1999-0932-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sammy's Memorial Texaco, Inc. in Harris County; TNRCC ID No. 0023177; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camile Morris)
Issue Agreed Order, RH/RM. All Agree
Item 40. Docket No. 1999-1047-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Burgess Marketing, Incorporated in Dallas County; Petroleum Storage Tank ID No. None; for petroleum storage tank violations pursuant to the 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 41. Docket No. 1999-1089-PST-E. Consideration of an Agreed Order assessing administrative penalties of James Peters and Billy Peters dba Mr. Mc's Grocery & Market in Travis County; PST Facility ID No. 18793; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford)
Issue Agreed Order, RH/RM. All Agree
Item 42. Docket No. 1999-1298-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nahid Youssefzadeh dba B John's Discount in Tarrant County; Petroleum Storage Tank Facility ID No. 0042891; for petroleum storage tank violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford, Jorge Ibarra, P.E.)
Issue Agreed Order, RH/RM. All Agree
Item 43. Docket No. 1998-1294-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Genico Distributors Inc. dba Top Mart in Dallas County; TNRCC ID No. 0027379; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue Agreed Order, RH/RM. All Agree
Item 44. Docket No. 1999-1017-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Nirmal & Armaan Enterprises, Incorporated dba M.C. Corner in Tarrant County; Petroleum Storage Tank Facility ID No. 0003814; for petroleum storage tank violations pursuant to the 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
Petroleum Storage Tank Enforcement Default Orders
Item 45. Docket No. 1999-0017-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Hassan Abu Nejmeh dba Savway Food Stores in Tarrant County; TNRCC ID No. 40263; for 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. (M. Camille Morris)
Issue Default Order, RM/RH. All Agree
Item 46. Docket No. 1999-0643-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Sultan A. Mohmand, Ali A. Mohmand, and Fahim Mohmand dba Texas Food Store in Tarrant County; TNRCC ID No. 0070037; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris)
Issue Default Order, RM/RH. All Agree
Item 47. Docket No. 1999-0834-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E-Z Mart Stores, Inc. in Orange County; PST Facility ID No. 004519; 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. (Susan Kelly, Gayle Stewart)
Issue Agreed Order, RH/JB. All Agree
Air Enforcement Agreed Orders
Item 48. Docket No. 1999-0936-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Lee Roy Frazier dba Frazier's Backhoe: Septic Systems and Demolition Services in Newton County; Air Account No. NC-0050-C; for air quality/municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Texas Clean Air Act, Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Lawrence King)
Remand To Executive Director, RM/RH. All Agree
Item 49. Docket No. 1999-0999-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sherwin Williams Company in Dallas County; Account No. DB-0728-N; for air quality violations pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, Tex. Water Code ch.7 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston)
Issue Agreed Order, RH/JB. All Agree
Item 50. Docket No. 1999-1465-AIR-E. Consideration of an Agreed Order assessing administrative penalties against TOSCO Marketing Company in EL Paso County; Air Account No. EE-1028-0; 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/JB. All Agree
Item 51. Docket No. 1999-1363-AIR-E. Consideration of an Agreed Order assessing administrative penalties against R & K Camping Center, Incorporated dba Forest Lane RV and Truck in Dallas County; Air Account No. DB-511-C; 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, Rebecca Clausewitz)
Issue Agreed Order, RH/JB. All Agree
Item 52. Docket No. 1999-0983-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mosbacher Energy Company in Anderson County; Air Account No. AA-00445-S; 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. (Carolyn V. Lind, Suzanne Walrath)
Issue Agreed Order, RH/JB. All Agree
Item 53. Docket No. 1999-1175-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions against Lasco Bathware, Incorporated in Dallas County; Air Account No. DB-0976-P; for air quality violations pursuant to 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, P.E., Suzanne Walrath)
Issue Agreed Order, RH/JB. All Agree
Item 54. Docket No. 1999-1362-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Ronnie Emola dba Emola Brothers Auto Sales in Kaufman County; Air Account No. KB-1078-0; 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.,Suzanne Walrath)
Issue Agreed Order, RH/JB. All Agree
Item 55. Docket No. 1999-0972-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Equilon Pipeline Company LLC in Jefferson County; Air Account No. JE-0228-I; 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. (Laura Clark, Lawrence King)
Issue Agreed Order, RH/JB. All Agree
Item 56. Docket No. 1999-1250-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Gary Weaver dba Weaver Auto Brokers in Denton County; Air Account No. DF-0477-R; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RH/JB. All Agree
Item 57. Docket No. 1999-1172-AIR-E. Consideration of Agreed Order assessing administrative penalties and requiring certain actions of Palex, Inc. dba Palex-Texas, L. P. in Bexar County; Air Account No. BG-0896-Q; 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, Suzanne Walrath)
Issue Agreed Order, RH/JB. All Agree
Item 58. Docket No. 1999-1243-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rack Technology, Incorporated in Tarrant County; Air Account No. TA-2077-Q; 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/JB. All Agree
Rules
Item 59. Docket No. 1999-1483-RUL. Consideration for the approval of the rules review and readoption of 30 TAC Chapter 295, Water Rights, Procedural. This review complies with Section 2001.039, Texas Government Code and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposed notice of intention to review was published in the January 28, 2000 issue of the Texas Register (25 TexReg 602). (Bruce Moulton/Kellye Rila) (Rule Log No. 99077-295-WT)
Approve staff recommendations, JB/RH. Marquez absent for vote
Item 60. Docket No. 2000-0147-RUL. Consideration for publication of, and hearing on, proposed new 30 TAC Chapter 11, Contracts, Subchapter D, Resolution of Certain Contract Claims Against the Texas Natural Resource Conservation Commission.
The proposed new subchapter will implement House Bill 826, 76th Legislature, 1999, by establishing procedures for the resolution of certain contract claims against the commission. (Doug McArthur/Pat Robards) (Rule Log No. 1999-081-011-AD)
Approve publication and hearing, RH/JB. All Agree
Item 61. Docket No. 2000-0265-RUL. Consideration for publication of the following proposed new section of 30 TAC Chapter 305, Consolidated Permits; Subchapter O, Additional Conditions and Procedures for Wastewater Discharge Permits and Sewage Sludge Permits.
305.539 -- Additional Requirements for Shrimp Aquaculture Facilities Within the Coastal Zone
The proposed rule implements certain provisions of Senate Bill 873, 76th Legislature, 1999, and would require commercial aquaculture facilities engaged in shrimp production and located within the coastal zone that discharge into water in the state to obtain an individual Texas Pollutant Discharge Elimination System wastewater discharge permit. (Yvonna Pierce) (Rule Log No. 1999-035-305-WT)
Approve publication, JB/RM. All Agree
Item 62. Docket No. 2000-0204-RUL. Consideration for publication of new 30 TAC Chapter 14, Grants. The proposed rules implement Senate Bill 1421, 76th Legislature, 1999, which adds Section 5.124 to the Texas Water Code (TWC) and also implement House Bill 3561 which adds Section 5.125 (Session Laws, 76th Legislature, 1999, Chapter 187 (H.B. 3561) pgs. 660-662) to the TWC. These two new sections are identical, are both entitled Authority to Award Grants, and both require the commission to adopt rules which establish procedures for awarding grants, for making any determination relating to awarding grants, and for making grant payments. (Forrest Brooks/Doug McArthur) (Rule Log No. 1999-040-014-AD).
Approve publication, RM/RH. All Agree
EXECUTIVE SESSION
Item 63. 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 64. 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.


AGENDA

Wednesday, April 19, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. Docket No. 1999-1343-RUL. Consideration for adoption of the following new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter A, Definitions, Subchapter H, Low Emission Fuels, new Division 2, Low Emission Diesel, and corresponding revisions to the State Implementation Plan:
Section 114.6 - Low Emission Fuel Definitions
Section 114.312 - Low Emission Diesel Standards
Section 114.313 - Designated Alternate Limits
Section 114.314 - Registration of Diesel Producers and Importers
Section 114.315 - Approved Test Methods
Section 114.316 - Monitoring and Recordkeeping Requirements
Section 114.317 - Exemptions to Low Emission Diesel Requirements
Section 114.319 - Affected Counties and Compliance Dates
The amendments to Chapter 114 are one element of the control strategy in the Dallas-Fort Worth (DFW) ozone nonattainment area in order to control ground-level ozone. The rules establish a low emission diesel fuel control strategy in nine counties of the DFW consolidated metropolitan statistical area to reduce emissions of oxides of nitrogen. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Robert Reese) (Rule Log No. 1999-055A-114-AI).
Approve adoption, RH/JB. All Agree
Item 2. Docket No. 1999-1429-RUL. Consideration for withdrawal of the following proposed new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter H, Low Emission Fuels, new Division 3, Reformulated Gasoline, and corresponding revisions to the State Implementation Plan:
Section 114.322 - Control Requirements
Section 114.324 - Registration of Gasoline Producers and Importers
Section 114.326 - Recordkeeping Requirements
Section 114.327 - Exemptions
Section 114.329 - Affected Counties and Compliance Dates
The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Robert Reese) (Rule Log No. 99055B-114-AI).
Approve withdrawal, RH/JB. All Agree
Item 3. Docket No. 1999-1385-RUL. Consideration for adoption of the following amendments of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter A, Definitions, Subchapter C, Vehicle Inspection and Maintenance, and corresponding revisions to the State Implementation Plan:
Section 114.2 - Inspection and Maintenance (I/M) Definitions
Section 114.50 - Vehicle Emissions Inspection Requirements
Section 114.51 - Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers
Section 114.52 - Waivers and Extensions for Inspection Requirements
Section 114.53 - Inspection and Maintenance Fees
The amendments to Chapter 114 are one element of the control strategy in the Dallas/Fort Worth (DFW), El Paso, and Houston/Galveston ozone nonattainment areas in order to control ground-level ozone. The rules modify the motor vehicle inspection and maintenance control strategy to include on-board diagnostics checks and acceleration simulation mode test equipment or its equivalent and require the program in the following seven counties: Dallas, Tarrant, Denton, Collin, Ellis, Rockwall, and Kaufman with the addition of Johnson and Parker Counties if resolutions requiring ASM/OBD are received by April 19, 2000. The rules are necessary to reduce emissions of oxides of nitrogen necessary for the counties included in the nonattainment areas to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Bob Wierzowiecki) (Rule Log No. 1999-055C-114-AI).
Approve Adoption, RH/JB. All Agree
Item 4. Docket No. 1999-1428-RUL. Consideration for adoption of the following new, amended, and repealed sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter B, Combustion at Existing Major Sources, Subchapter D, Administrative Provisions, and corresponding revisions to the State Implementation Plan:
New
Section 117.104 - Gas-Fired Steam Generation
Section 117.106 - Emission Specifications for Attainment Demonstrations
Section 117.108 - System Cap
Section 117.116 - Final Control Plan Procedures for Attainment Demonstration Emission Specifications
Section 117.206 - Emission Specifications for Attainment Demonstrations
Section 117.216 - Final Control Plan Procedures for Attainment Demonstration Emission Specifications
Amended
Section 117.101 - Applicability
Section 117.103 - Exemptions
Section 117.105 - Emission Specification for Reasonably Available Control Technology (RACT)
Section 117.107 - Alternative System-wide Emission Specifications
Section 117.111 - Initial Demonstration of Compliance
Section 117.113 - Continuous Demonstration of Compliance
Section 117.115 - Final Control Plan Procedures for Reasonably Available Control Technology
Section 117.117 - Revision of Final Control Plan
Section 117.119 - Notification, Record keeping, and Reporting Requirements
Section 117.121 - Alternative Case Specific Specifications
Section 117.201 - Applicability
Section 117.203 - Exemptions
Section 117.205 - Emission Specifications for Reasonably Available Control Technology
(RACT)
Section 117.207 - Alternative Plant-wide Emission Specifications
Section 117.208 - Operating Requirements
Section 117.209 - Initial Control Plan Procedures
Section 117.211 - Initial Demonstration of Compliance
Section 117.213 - Continuous Demonstration of Compliance
Section 117.215 - Final Control Plan Procedures for Reasonably Available Control Technology
Section 117.217 - Revision of Final Control Plan
Section 117.219 - Notification, Record keeping, and Reporting Requirements
Section 117.221 - Alternative Case Specific Specifications
Section 117.223 - Source Cap
Section 117.510 - Compliance Schedule for Utility Electric Generation in Ozone Nonattainment Areas
Section 117.520 - Compliance Schedule for Industrial, Commercial, and Institutional, and Industrial Combustion Sources in Ozone Nonattainment Areas
Section 117.570 - Trading
Repealed
Section 117.109 -Initial Control Plan Procedures
Section 117.601 - Gas-Fired Steam Generation
If adopted, the changes to Chapter 117 would lower the nitrogen oxides emission limits and certain applicability thresholds, specify compliance procedures, and set a compliance schedule for electric utility, industrial, commercial, and institutional boilers located at major sources in the Beaumont/Port Arthur and Dallas Fort/Worth ozone nonattainment areas. The changes would also lower the nitrogen oxides emission limits and applicability thresholds, specify compliance procedures, and set a compliance schedule for process heaters at major sources in the Beaumont/Port Arthur area. In addition, the changes would set emission limits, compliance procedures, and a compliance schedule for lean-burn engines located in the Dallas/ Fort Worth area. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Randy Hamilton) (Rule Log Nos. 99055D117-AI and 99056-117-AI)
Approve Adoption, RH/JB. All Agree
Item 5. Docket No. 1999-1422-RUL. Consideration for adoption of the following new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, new Subchapter I, Non-Road Engines, new Division 1, Airport Ground Support Equipment, and corresponding revisions to the State Implementation Plan:
Section 114.400 - Definitions
Section 114.402 - Control Requirements
Section 114.406 - Reporting and Recordkeeping Requirements
Section 114.409 - Affected Counties and Compliance Dates
The amendments to Chapter 114 are one element of the control strategy in the Dallas-Fort Worth (DFW) ozone nonattainment area in order to control ground-level ozone. The rules apply to the commercial airports in Collin, Dallas, Denton, and Tarrant Counties and establish a control strategy to modify airport ground support equipment to reduce emissions of oxides of nitrogen necessary for the counties included in the DFW nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Roland Castaneda) (Rule Log No. 1999-055E-114-AI).
Approve Adoption, RH/JB. All Agree
Item 6. Docket No. 1999-1421-RUL. Consideration for adoption of the following new and revised sections to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter A, Definitions, Subchapter F, Mobile Emission Reduction Credits, and corresponding revisions to the State Implementation Plan:
Section 114.1 - Definitions
Section 114.4 - Mobile Emission Reduction Credit Definitions
Section 114.211 - Purpose
Section 114.212 - Enterprise Operator Responsibilities
Section 114.213 - Vehicle Eligibility
Section 114.214 - Advertising
Section 114.215 - State Implementation Plan (SIP) Credit for the Voluntary Accelerated Vehicle Retirement Program
Section 114.216 - Records, Auditing, and Enforcement
Section 114.217 - Credit Calculations
Section 114.219 - Affected Counties
The amendments to Chapter 114 are one element of the control strategy in the ozone nonattainment areas in order to control ground-level ozone. The rules establish a framework for a voluntary accelerated vehicle retirement (VAVR) program to reduce emissions necessary for each nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The rules provide local agencies with specific criteria to help ensure reductions associated with the VAVR programs qualify for SIP credit toward attainment. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Bob Reese) (Rule Log No. 1999-055F-114-AI).
Approve Adoption, RH/JB. All Agree
Item 7. Docket No. 1999-1443-RUL. Consideration for adoption of the following new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, new Division 3, Off-Road Large Spark-Ignition Engines, and corresponding revisions to the State Implementation Plan:
Section 114.420 - Definitions
Section 114.421 - Emission Specifications
Section 114.422 - Control Requirements
Section 114.427 - Exemptions
Section 114.429 - Affected Counties and Compliance Schedules
The amendments to Chapter 114 are one element of the control strategy in the Dallas/Fort Worth (DFW) ozone nonattainment area in order to control ground-level ozone. These new sections are adopted in order to control ground-level ozone in nine counties in the DFW area by requiring model year 2004 and subsequent non-road, large spark-ignition (LSI) engines 25 horsepower (hp) and larger, and all equipment and vehicles that use such engines, to be certified under Title 13 California Code of Regulations, Chapter 9 (13 CCR 9) as adopted by the California Air Resources Board on October 19, 1999 and effective on November 18, 1999. The adopted rules are necessary for the counties included in the DFW nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Corey Lipps) (Rule Log No. 1999-055G-114-AI).
Approve Adoption, RH/JB. All Agree
Item 8. Docket No. 1999-1434-RUL. Consideration for adoption of the following new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, new Division 2, Heavy Equipment Fleets - Compression-Ignition, and corresponding revisions to the State Implementation Plan:
Section 114.410 - Definitions
Section 114.412 - Control Requirements
Section 114.416 - Reporting and Recordkeeping Requirements
Section 114.417 - Exemptions
Section 114.419 - Affected Counties
The amendments to Chapter 114 are one element of the control strategy in the Dallas-Fort Worth (DFW) ozone nonattainment area in order to control ground-level ozone. The rules require persons in six counties in the DFW Consolidated Metropolitan Statistical Area which own or operate non-road equipment powered by compression-ignition engines 50 horsepower and larger to ensure their fleet will consist of Tier 2 and Tier 3 non-road equipment by the end of calendar year 2007. The rules are necessary for the counties included in the DFW nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Kenneth Gathright) (Rule Log No. 1999-055H-114-AI).
Approve Adoption, RH/JB. All Agree
Item 9. Docket No. 1999-1436-RUL. Consideration for adoption of the following new sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter D, Small Combustion Sources, and corresponding revisions to the State Implementation Plan:
Section 117.460 - Definitions
Section 117.461 - Applicability
Section 117.463 - Exemptions
Section 117.465 - Emission Specifications
Section 117.467 - Certification Requirements
Section 117.469 - Notification and Labeling Requirements
If adopted, the amendments to Chapter 117 would establish limits for the emissions of oxides of nitrogen from new natural gas-fired water heaters, small boilers, and process heaters sold and installed in Texas. The proposed amendments were published in the December 31, 1999 issue of the Texas Register (24 TexReg 12007). (Eddie Mack) (Rule Log No. 1999-055I-117-AI).
Approve Adoption, RH/JB. All Agree
Item 10. Docket No. 1999-1433-RUL. Consideration for adoption of the following new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, new Division 4, Construction Equipment Operating Limitations, and corresponding revisions to the State Implementation Plan.
Section 114.432 - Control Requirements
Section 114.436 - Recordkeeping Requirements
Section 114.437 - Exemptions
Section 114.439 - Affected Counties and Compliance Dates
The amendments to Chapter 114 are one element of the control strategy in the Dallas-Fort Worth (DFW) ozone nonattainment area in order to control ground-level ozone. The rules establish a limitation on the early-morning hour use of heavy-duty diesel construction equipment as an air pollution control strategy in six counties in the DFW Consolidated Metropolitan Statistical Area to delay emissions of oxides of nitrogen until later in the day, thus limiting ozone production. The rules are necessary for the counties included in the DFW nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Gayla McCarty) (Rule Log No. 1999-055J-114-AI).
Approve Adoption, RH/JB. All Agree
Item 11. Docket No. 1999-1450-RUL. Consideration for adoption of the following new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter E, Low Emission Vehicles, new Division 2, California Low Emission Vehicle Requirements, and corresponding revisions to the State Implementation Plan (SIP):
Section 114.160 - Definitions
Section 114.161 - Applicability
Section 114.162 - Emission Requirements and Prohibitions
Section 114.163 - Exemptions
Section 114.164 - New Vehicle Certification and Testing
Section 114.165 - Reporting Requirements
Section 114.166 - Enforcement
Section 114.167 - Aftermarket Parts
Section 114.169 - Affected Counties
The amendments to Chapter 114 are one element of the control strategy in the Texas SIP in order to control ground-level ozone. The rules implement the California Low Emission Vehicle program in the State of Texas to reduce emissions of oxides of nitrogen necessary to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 11897). (Alan Henderson/Ken Gathright) (Rule Log No. 1999-055K-114-AI).
Continued to May 17, 2000 at 9:30 a.m., RH/RM. All Agree
Item 12. Docket No. 1999-1454-SIP. Consideration for adoption of revisions to the State Implementation Plan (SIP) concerning the attainment demonstration for the Beaumont/Port Arthur ozone nonattainment area; the attainment demonstration for the Dallas/Fort Worth ozone nonattainment area; the attainment demonstration for the Houston/Galveston ozone nonattainment area; and the emission reduction strategy for the Eastern and Central portion of Texas. These revisions include the results of photochemical modeling and the control strategies that are necessary for the Beaumont/Port Arthur and Dallas/Fort Worth areas to reach attainment of the one-hour ozone standard. The revisions also include the enforceable commitments required by the recent U.S. Environmental Protection Agency/Natural Resources Defense Council settlement to make the Houston/Galveston attainment demonstration complete. The proposal was published in the December 31, 1999 issue of the Texas Register (24 TexReg 12151). (Bill Jordan) (Rule Log Nos. 99055-SIP-AI and 99056-SIP-AI)
Approve Adoption, RH/JB. All Agree
Item 13. Docket No. 1999-1284-RUL. Consideration for adoption of amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; 114.5, Transportation Planning Definitions; repeal of 114.270, Transportation Control Measures; new 114.270, Transportation Control Measures; and revisions to the corresponding State Implementation Plan. The action will allow nonattainment area metropolitan planning organizations to substitute transportation control measures. The proposal was published in the November 26, 1999 issue of the Texas Register (24 TexReg 10508). (Alan Henderson/Catherine Stephens) (Rule Log No. 1999-068-114-AI).
Continued to May 3, 2000 at 9:30 a.m. per General Counsel
Item 14. Docket No. 2000-0032-SIP. Consideration for adoption of 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 oxides. The hearing notice was published in the February 25, 2000 issue of the Texas Register (25 TexReg 1806). (Bill Jordan) (Rule Log Nos. 99022-SIP-AI and 99055-SIP-AI).
Approve Adoption, JB/RH. All Agree
Item 15. Docket No. 2000-0033-SIP. Consideration for adoption of an agreed order with Eastman Chemical Company, Texas Eastman Division, Longview, Harrison County, Texas, Account Number HH-0042-M and corresponding revisions to the State Implementation Plan (SIP) for ozone control and for the Northeast Texas Flexible Attainment Region SIP. The agreed order and SIP revisions would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides and volatile organic compounds. The hearing notice was published in the February 11,2000 issue of the Texas Register (25 TexReg 1209). (Brian Foster) (Rule Log Nos. 99022-SIP-AI and 99055-SIP-AI)
Reposted as item #17
Item 16. Docket No. 1999-1005-RUL. Consideration for adoption of the following amendments and new sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter A, Definitions, Subchapter B, Combustion at Existing Major Sources, Division 2, Utility Electric Generation in East and Central Texas, Division 4, Cement Kilns, Subchapter E, Administrative Provisions, and corresponding revisions to the State Implementation Plan:
revised
Section 117.10 - Definitions
new
Section 117.131 - Applicability
Section 117.133 - Exemptions
Section 117.134 - Gas-Fired Steam Generation
Section 117.135 - Emission Specification
Section 117.138 - System Cap
Section 117.141 - Initial Demonstration of Compliance
Section 117.143 - Continuous Demonstration of Compliance
Section 117.145 - Final Control Plan Procedures
Section 117.147 - Revision of Final Control Plan
Section 117.149 - Notification, Recordkeeping, and Reporting Requirements
Section 117.260 - Cement Kiln Definitions
Section 117.261 - Applicability
Section 117.265 - Emission Specifications
Section 117.273 - Continuous Demonstration of Compliance
Section 117.279 - Notification, Recordkeeping, and Reporting Requirements
Section 117.283 - Source Cap
Section 117.512 - Compliance Schedule for Utility Electric Generation in East and Central Texas
Section 117.524 - Compliance Schedule for Cement Kilns
If adopted, the amendments to Chapter 117 would require reductions in the emissions of oxides of nitrogen from cement kilns and electric generating facilities located in east and central Texas. The proposed amendments were published in the December 31, 1999 and January 14, 2000 issues of the Texas Register (24 TexReg 11959 and 25 TexReg 308). (Eddie Mack/Randy Hamilton) (Rule Log Nos. 1999-046-117-AI and 1999-049-117-AI).
Approve Adoption, RH/JB. All Agree


ADDENDUM TO AGENDA

Wednesday, April 19, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 17. Docket No. 2000-0033-SIP. Consideration for adoption of an agreed order with Eastman Chemical Company, Texas Operations, Longview, Harrison County, Texas, Account Number HH-0042-M and corresponding revisions to the State Implementation Plan (SIP) for ozone control and for the Northeast Texas Flexible Attainment Region SIP. The agreed order and SIP revisions would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides and volatile organic compounds. The hearing notice was published in the February 11, 2000 issue of the Texas Register (25 TexReg 1209). (Brian Foster) (Rule Log Nos. 99022-SIP-AI and 99055-SIP-AI)
Approve Adoption, JB/RH. All Agree