AGENDA

Wednesday, May 17, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

08:30 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, May 17, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

09:30 A.M.

Bldg. E, Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of April 19, 2000
Item 1. 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. 199-055K-114-AI).
Continued to May 31, 2000, RH/RM. Baker Voted No
Item carried forward from Agenda of April 5, 2000
Item 2. 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).
Approve Publication, with corrections, RH/JB. All Agree
Item carried forward from Agenda of April 19, 2000
Item No. 3. 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.
Remanded to Executive Director
Item carried forward from Agenda of February 24, 2000 and April 19, 2000
Item 4. 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.
Deny hearing request, and adopt related responses and replies, public comment and ED's Response to Comments, RM/RH. All Agree
Item carried forward from Agenda of May 3, 2000
Item 5. Docket No. 2000-0316-MWD. Consideration of permit application no. 14103-001, submitted by Lower Colorado River Authority for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14103-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located approximately 1.6 miles south of State Highway 71 and 2.5 miles southeast of the intersection of State Highway 71 and State Highway 95 in Bastrop County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Kent Trede/Anthony Tatu)
Application withdrawn
Item carried forward from Agenda of May 3, 2000
Item 6. Docket No. 1998-1412-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Valero Refining Company - Texas in Galveston County; Air Account No. GB-0073-P; for air quality violations pursuant to the Texas Clean Air Act, Texas Health and Safety Code ch 382, the Texas Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Rohit Bali and Miriam Hall)
Issue Agreed Order, JB/RM. All Agree
Item carried forward from Agenda of May 3, 2000
Item 7. Docket No. 2000-0369-RUL. Consideration for publication of proposed amendments to the following sections of 30 TAC Chapter 291, Utility Regulation:
291.3. Definition of Terms.
291.21. Form and Filing of Tariffs.
291.26. Suspension of Rates.
291.32. Rate Design.
291.74. Maintenance and Location of Records.
291.81. Customer Relations.
291.83. Refusal of Service.
291.85. Response to Requests for Service by a Retail Public Utility Within Its Certified Area.
291.86. Service Connections.
291.87. Billing.
291.88. Discontinuance of Service.
291.89. Meters.
291.93. Adequacy of Water Utility Service.
291.102. Criteria for Considering and Granting Certificates or Amendments.
291.106. Notice for Applications for Certificates of Convenience and Necessity.
291.112. Transfer of Certificate of Convenience and Necessity.
291.128. Petition or Appeal Concerning Wholesale Rate.
291.131. Executive Director's Determination of Probable Grounds.
291.132. Evidentiary Hearing on Public Interest.
291.134. Commission Action to Protect Public Interest, Set Rates.
The proposed amendments primarily implement applicable requirements of Senate Bill 1, 75th Legislature, 1997, and Senate Bill 1421, 76th Legislature, 1999, relating to water utilities and water rates. However, some of the amendments are in response to public comments received during the quadrennial review of Chapter 291 and proposals from commission staff as part of the agency's regulatory reform initiativeand the quadrennial review of the rules. (Wayne Wiley/Lara Nehman)(Rule Log No. 1999-043-291-WT).
Continued to June 14, 2000


HUSTON

AGENDA

MARQUEZ

BAKER

Wednesday, May 17, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

09:30 A.M.

Bldg. E, Room 201S

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 2000-0313-MWD. Consideration of permit application #14108-001, submitted by MIDLOTHIAN DEVELOPMENT AUTHORITY for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14108-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The plant site is located approximately 700 feet east of Soap Creek and 450 feet south of U.S. Highway 67 in Ellis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Kent Trede/Scottie Aplin)
Remand to Executive Director, JB/RM. Marquez Absent for Vote
Item 2. Docket No. 2000-0310-MWD. Consideration of permit application #13977-001, submitted by LOWER COLORADO RIVER AUTHORITY for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13977-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The plant site is located approximately 1,000 feet north of State Highway 71 at a point 11,500 feet northwest (along State Highway 71) of the intersection of State Highway 71 and Farm-to-Market Road 1209 in Bastrop County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Robert Martinez)
Grant Hearing Request of Mr. Bell, remand to Alternative Dispute Resolution for 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearings, RM/JB. Huston Voted No.
Item 3. Docket No. 2000-0311-MWD. Consideration of permit application # 11153-001, submitted by HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 133 for a permit renewal (TPDES Permit No. 11153-001), which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The wastewater treatment facilities are loacted at 7415 Smiling Wood Lane and the intersection of Bauerlein Drive 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. (Jon Foulds/Tina Amberboy)
Remand to Executive Director for signature, hearing request withdrawn
Item 4. Docket No. 2000-0307-IWD. Consideration of permit application 01516, submitted by CITY PUBLIC SERVICE OF SAN ANTONIO for a renewal of TNRCC Permit No. 01516, which authorizes the discharge of cooling tower blowdown and storm water from the cooling pond at a daily average flow not to exceed 700,000 gallons per day 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. TX0002682 issued on June 3, 1988 and TNRCC Permit No. 01516, issued on May 28, 1993. The applicant operates a steam electric plant. The plant site is located at 9911 Perrin-Beitel Road (the west side of Farm-to-Market Road 2252), approximately one (1) mile north of Loop 410 on the north side of the City of San Antonio, Bexar County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Cindy Lee/Scottie Aplin)
Remand to Executive Director, JB/RH. Marquez Absent for Vote
Authorization to Construct
Item 5. Docket No. 2000-0438-MWD. Consideration of Construction of a Wastewater Treatment Facility under Texas Water Code, Sections 26.019 and 27.027(c) by the Alamo Area Council of Boy Scouts of America. If granted by the Commission, this would allow the Alamo Area Council of Boy Scouts of America to construct the wastewater treatment facility before Commission consideration of its application for a wastewater discharge permit; however, it would not authorize operation of the new construction. (Snehal R. Patel, Curtis Seaton)
Grant Authorization to Construct, JB/RM. All Agree
Air Enforcement Agreed Orders
Item 6. Docket No. 1999-1329-AIR-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Darling International, Incorporated in Harris County; Air Account No. HG-7725-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. (Sheila Smith)
Issue Agreed Order, JB/RH. All Agree
Item 7. Docket No. 2000-0044-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dolco Packaging Corporation in Dallas County; Air Account No. DB-1276-U; 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. (Jorge Ibarra, Stacey Young)
Issue Agreed Order, JB/RH. All Agree
Item 8. Docket No. 1999-1365-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baylor University in McLennan County; Air Account No. MB-0200-M; 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. (Kyle Headley, Suzanne Walrath)
Issue Agreed Order, JB/RH. All Agree
Item 9. Docket No. 1999-0851-AIR-E. Consideration of an Agreed Order assessing administrative penalties against National Rail Car, Incorporated in Nolan County; Air Account No. ND-0035-K 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. (Tel Croston)
Issue Agreed Order, JB/RH. All Agree
Item 10. Docket No. 1999-1413-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Andrew Corporation in Denton County; Air Account Number DF-0100-V; 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. (Wendy Penland/Eric Reese)
Issue Agreed Order, JB/RH. All Agree
Item 11. Docket No. 1999-1417-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain action of Air Liquide America Corp. in Jefferson County; Air Program ID No. JE-0351-I; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382 ("the Act"), Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. ( Laura Clark, Gloria Stanford)
Issue Agreed Order, JB/RH. All Agree
Item 12. Docket No. 1999-1411-AIR-E. Consideration of and Agreed Order assessing administrative penalties and requiring certain actions of Mr. Larry Lang dba PAACO of Garland in Dallas County; Air Account No. DB-1882-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. (Wendy Penland, Michael De La Cruz)
Issue Agreed Order, JB/RH. All Agree
Item 13. Docket No. 1998-1433-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arnold Crused Stone Inc. in Hill County; Air Account No. HO-0003-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. (Kyle Headley, Suzanne Walrath)
Issue Agreed Order, JB/RH. All Agree
Item 14. Docket No. 1999-1384-AIR-E. Consideration of an Agreed Order assessing administrative penalties against TXU Processing Company in Brown County; Air Account No. BQ-0092-F; 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,Eric Reese)
Issue Agreed Order, JB/RH. All Agree
Item 15. Docket No. 1999-1412-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Eagle Acceptance Corporation in Dallas County; Air Account No. DB-4218-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. (Wendy Penland/Tel Croston)
Issue Agreed Order, JB/RH. All Agree
Item 16. Docket No. 1999-1336-AIR-E. Consideration of an Ageeed Order assessing administrative penalties and requiring certain actions of Milwhite, Incorporated in Culberson County; Air Account No. C2-0004-K; 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. (Lawrence King)
Issue Agreed Order, JB/RH. All Agree
Item 17. Docket No. 1999-0615-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Leggett & Platt, Inc. in Ellis County; TNRCC ID No. ED0246U; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, Chapter 7 of the Texas Water Code, and the rules of the Texas Natural Resource Consevation Commission. (Joshua Olszewski)
Issue Agreed Order, JB/RH. All Agree
Air Enforcement Default Orders
Item 18. Docket No. 1999-0096-AIR-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Sherman Foundry in Grayson County; TNRCC ID No. GI0058D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross)
Issue Default Order, RM/RH. All Agree
Item 19. Docket No. 1998-1265-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ben Peralta dba Peralta Fence Corporation in Denton County; TNRCC ID No. DF0519D; for air quality violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross)
Issue Default Order, RM/RH. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 20. Docket No. 1999-1080-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Gatesville in Coryell County; Water Quality Permit No. 10176-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kristi Jones)
Issue Agreed Order, RM/RH. All Agree
Item 21. Docket No. 1999-1121-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aldine Independent School District in Harris County; Water Quality Permit No. 0013609-001; 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, RM/RH. All Agree
Item 22. Docket No. 1999-1164-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aquasource Utility, Inc. in Harris County; Water Quality Permit No. 12519-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley)
Issue Agreed Order, RM/RH. All Agree
Item 23. Docket No. 1999-1081-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cooper Cameron Corporation in Liberty County; Water Quality Permit No. 13668-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 1998-1048-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Newark in Wise County; Water Quality Permit No. 11626-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith)
Issue Agreed Order, RM/RH. All Agree
Item 25. Docket No. 1999-1260-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Grapeland in Houston County: Water Quality Permit No. 10181-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberdfing)
Issue Agreed Order, RM/RH. All Agree
Item 26. Docket No. 1999-1253-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Greenwood Utility District in Harris County; NPDES No. TX0020800; Water Quality Permit No. 0011061-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz)
Issue Agreed Order, RM/RH. All Agree
Item 27. Docket No. 1999-0958-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Crystal City in Zavala County; Water Quality Permit No. 10098-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kristi Jones)
Issue Agreed Order, RM/RH. All Agree
Industrial Hazardous Waste Enforcement Agreed Orders
Item 28. Docket No. 1999-1499-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Copeland Corporation in the City of Reynosa, Mexico; no TNRCC Solid Waste Registration No.; for industrial & Hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health and Safety Code ch. 361 and Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Fara L. O'Neal, Michelle Harris)
Remand to Executive Director
Item 29. Docket No. 1999-1399-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Millennim Petrochemicals, Inc. in Harris County; Solid Waste Registration No. 30049; for industrial & hazardous waste violations pursuant to 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. (Susan Johnson)
Issue Agreed Order, RH/RM. All Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 30. Docket No. 1999-0744-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hampshire Chemical Corporation in Harris County; Water Quality Permit No. 02558 and NPDES Permit No. TX0089567; for water quality violations pursuant to Tex. 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
Agricultural Enforcement Agreed Orders
Item 31. Docket No. 1999-0984-AGR-E. Considertion of an Agreed Order assessing administrative penalties against Joe Cordell and John Heavyside dba Lledroc Farms West in Erath County; Agricultural Waste/Wastewater Authorization No. AGR 072-009; for agriculture violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell)
Continued to July 12, 2000 Agenda
Municipal Solid Waste Enforcement Agreed Orders
Item 32. Docket No. 1999-1248-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A-Medco, Inc. in Wichita County; TNRCC #54004; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361 ("the Act") and Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Bill Davis)
Issue Agreed Order, RH/RM. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 33. Docket No. 1999-1310-PST-E. Consideration of an Agreed Order assessing administrative penalties against Vijay Jain dba Island Food Mart in Galveston County; PST Facility ID No. 0066101; 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. (Robbie Allen)
Issue Agreed Order, RM/JB. All Agree
Item 34. Docket No. 1999-1281-PST-E. Consideration of an Agreed Order assessing administrative penalties aagainst JKY, Inc. dba Thrall Food Store in Williamson County; Petroleum Storage Tank Facility ID No. 57822; for petroleum storage tank violations pursuant to the authority of Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tina rosenzweig, J. Craig Fleming)
Issue Agreed Order, RM/JB. All Agree
Item 35. Docket No. 1999-1071-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against New Blessing, Incorporated dba AM-PM Mini Mart #2 in Tarrant County; Petroleum Storage Tank Facility ID No. 0009161; for petroleum storage tank violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/JB. All Agree
Item 36. Docket No. 1999-1013-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ron Laney Oil Company, Inc. and Willard Skiles dba Skiles Brothers Exxon in Knox County; TNRCC ID No. 08316; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RM/JB. All Agree
Item 37. Docket No. 1998-0281-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of God Bless, Incorporated dba T & M Grocery in Brazoria County; TNRCC PST Facility ID No. 0032740; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RM/JB. All Agree
Item 38. Docket No. 1999-0422-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A. C. Virani dba Airwood in Harris County; TNRCC ID No. 0053750; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RM/JB. All Agree
Item 39. Docket No. 1999-1311-PST-E. Consideration of an Agreed Order assessing administrative penalties and resolving an enforcement action against Prince International, Inc. dba Rozi's Mini Mart in Galveston County; PST Facility ID No. 0027207; 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. (Miriam Hall)
Issue Agreed Order, RM/JB. All Agree
On-Site Facility Installers Enforcement Agreed Orders
Item 40. Docket No. 1999-1277-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John P. Fitzgerald dba Hard Rock Construction in Hardin County; Certification No. OS3842; for on-site sewage violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest)
Issue Agreed Order, RM/JB. All Agree
Item 41. Docket No. 1999-1223-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Joe Trevino dba Trecon Construction Company in Brazoria County; Installer Certification No. OS92; for on-site sewage facility violations pursuant to the Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Corey M. Burke)
Issue Agreed Order, RM/JB. All Agree
Public Water Supply Enforcement Agreed Orders
Item 42. Docket No. 1999-1154-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U. S. Army Corps of Engineers in Jasper and Tyler County; Public Water Supply Nos. 1210040 and 2290032; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Paul Beasley)
Issue Agreed Order, RH/RM. All Agree
Item 43. Docket No. 1998-1108-PWS-E. Consideration of an Agreed Order assessing administrative penalties against E. V. Mask dba Bee's Camp in Uvalde County; TNRCC ID No. 2320052; 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. (John Wright)
Issue Agreed Order, RH/RM. All Agree
Item 44. Docket No. 1999-0542-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of 7-Eleven, Inc. in Travis County; TNRCC ID No. 2270214; 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. (John Wright)
Issue Agreed Order, RH/RM. All Agree
Rules
Item 45. Docket No. 2000-0047-RUL. Consideration for the approval of the rules review and readoption of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. This review and readoption are in accordance with Texas Government Code, Section 2001.039 and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The notice of proposed review was published in the February 25, 2000 issue of the Texas Register (25 TexReg 1731) (Beecher Cameron) (Rule Log No.2000-001-117-AI)
Approve Review and Readoption, RH/JB. All Agree
Item 46. Docket No. 1999-1587-RUL. Consideration for adoption of revisions to the State Plan for the Control of Designated Facilities and Pollutants and the following corresponding actions in 30 TAC Chapter 113, Control of Air Pollution from Toxic Materials: amendments to Subchapter A, Definitions and Subchapter D, Designated Facilities and Pollutants; and new Division 2, Hospital/Medical/Infectious Waste Incinerators.
Section 113.1 - Definitions
Section 113.2070 - Definitions
Section 113.2071 - Designated Facilities
Section 113.2072 - Emission Limits
Section 113.2074 - Inspection Requirements
Section 113.2075 - Compliance and Performance Testing Requirements
Section 113.2076 - Monitoring, Reporting, and Recordkeeping Requirements
Section 113.2077 - Waste Management Plan
Section 13.2078 - Operating Procedures and Operator Training/Qualification Requirements
Section 113.2079 - Compliance Schedules
These actions implement the emissions guidelines for existing hospital/medical/infectious waste incinerators as promulgated by the United States Environmental Protection Agency at Title 40 Code of Federal Regulations Part 60, Subpart Ce, Emissions Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, adopted September 15, 1997. The actions also add requirements deleted, in concurrent rulemaking, from 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions and Particulate Matter. The proposal was published in the February 25, 2000 issue of the Texas Register (25 TexReg 1523). (Alan Henderson/David Ferrell) (Rule Log No. 1998-012-113-AI).
Approve Adoption, RH/JB. All Agree
Item 47. Docket No. 1999-1188-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions and Particulate Matter; Subchapter A, Visible Emissions and Particulate Matter; Division 2, Incineration:
111.121 - Single-, Dual-, and Multiple-Chamber Incinerators
111.123 - Medical Waste Incinerators
111.125 - Testing Requirements
111.127 - Monitoring and Recordkeeping Requirements
111.129 - Operating Requirements
The adopted amendments delete exhaust gas oxygen and carbon monoxide monitoring requirements for incinerators which qualify for permits by rule, clarify that an incinerator must have a continuous monitoring system for opacity or carbon monoxide to operate at night, delete medical waste incinerator requirements which are being moved to another chapter, and allow the use of additional test methods for testing hydrogen chloride emissions. The proposal was published in the December 3, 1999 issue of the Texas Register (24 TexReg 10795) (Alan Henderson/David Ferrell) (Rule Log No. 1999-012-111-AI).
Approve adoption, RM/RH. All Agree
Item 48. Docket No. 2000-0297-RUL. Consideration for publication of, and hearing on, proposed actions on the following:
30 TAC Chapter 334 - Underground and Aboveground Storage Tanks:
a. Notice of Intention to Review Chapter 334
b. Proposed amendments to Chapter 334
c. Proposed repeals of certain sections of Chapter 334
30 TAC Chapter 37 - Financial Assurance
New Subchapter I - Financial Assurance for Petroleum Underground Storage Tank Systems.
The review of Chapter 334 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.
Chapter 334 has been amended to implement House Bills 2109, 2815, and 2816, 76th Legislature, 1999, and to propose changes to the rules to improve clarity, readability, and program efficiency. The new Chapter 37, Subchapter I consolidates the underground storage tanks financial assurance requirements which are proposed to be repealed from Chapter 334, Subchapter E. In addition, Chapter 37, Subchapter I proposes to incorporate federal requirements concerning financial assurance for local governments and proposes amendments consistent with the commission's regulatory reform initiative. (Jackie Hardee/Walter Ehresman/Ray Austin) (Rule Log No. 1999-038-334-WS).
Approve publication and hearing, RH/RM. All Agree
EXECUTIVE SESSION
Item 49. 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 whall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 50. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken

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AGENDA

Wednesday, May 17, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

01:00 P.M.

Bldg. E., Room 201S

12100 Park 35 Circle

Item 1. Docket No. 1998-0915-PST; SOAH Docket No. 582-99-0690. Consideration of Administrative Law Judge's Proposal for Decision and Order against Willis Reed dba Reed Distributing Co., Inc. located in Beaumont, Texas in Jefferson County for violating 30 TEX. ADMIN. CODE 334.22(a), 334.7(d)(1)(B). 334.7(d)(3), 334.54 (d)(1)(B) and 334.(a)(9), regarding underground storage tanks. ( ALJ: Cassandra Church)

Continued to June 29, 2000 RH/RM. All Agree

Item 2. Docket No. 1999-0311-AGR; SOAH Docket No. 582-99-0653. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Dennis & Sherri Hakes Holstein Heaven for an amendment to TPDES Permit No. 03087. The amendment would authorize the expansion of the existing dairy operation from a maximum capacity of 600 head to 990 head and would authorize the disposal of the operation's wastes and wastewater in Erath County, Texas pursuant to Chapter 26 of the Texas Water Code. (ALJ: Robert F. Jones, Jr.)

Motion to Recuse: Deny Motion to Recuse JB/RH. All Agree Adopt Proposal for Decision and Deny Exceptions of Protestants and OPIC, and overrule all other pending motions, JB/RH. All Agree.

Item 3. Docket No. 1998-0535-MWD; SOAH Docket No. 582-98-1449. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of the Town of Bayside for TPDES Permit No. 13892-001 to authorize the discharge of up to 64,200 gallons per day (gpd) of treated domestic wastewater effluent in Refugio County,Texas and into an unnamed tributary, thence to an unnamed marsh, thence to Copano Bay/Port Bay/Mission Bay in Segment 2472 of the Bays and Estuaries. (ALJ: William G. Newchurch)

Adopt Proposal for Decision and Issue Order, grant exceptions of Executive Director and applicant with exceptions to Finding of Fact #37, JB/RH. All Agree