AGENDA

Wednesday, May 31, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

08:30 A.M.

12100 Park 35 Circle

Bldg. E., Room 201S

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.
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.
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.


OLD BUSINESS AGENDA

Wednesday, May 31, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

09:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

Item carried forward from Agenda of October 27, 1999.
Item 1. Docket No. 1999-1189-MWD. Consideration of permit application no. 11866-001, submitted by Brushy Creek Municipal Utility District for a renewal of Permit No. 11866-001, that authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located approximately 2 miles west of interstate Highway 35 and 3,600 feet north of Farm-to-Market Road 3406 in Williamson County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments.
Remanded to SOAH


ADDENDUM TO OLD BUSINESS

Wednesday, May 31, 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 and May 17, 2000.
Item 2. 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).
Accept Executive Director's Proposal , not to adopt rules, RH/RM. All Agree


AGENDA

Wednesday, May 31, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

09:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

Superfund
Item 1. Docket No. 2000-0489-SPF. Consideration of an administrative order to conduct a remedial action at the Aztec Ceramics State Superfund Site in San Antonio, Bexar County, Texas. (Gary Wehrman, Carol Lear)
Issue Admin Order, RH/JB. All Agree
On-Site Sewage Installers Enforcement Agreed Orders
Item 2. Docket No. 1999-1149-OSI-E. Consideration of an Agreed Order assessing administrative penalties against James Ray Eatherly in Glasscock County; TNRCC ID No. OS7095; for on-site sewage installation violations pursuant to Chapter 7 of the Texas Water Code, Chapter 366 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue Agreed Order, RM/JB. All Agree
Item 3. Docket No. 1999-1401-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Wayne E. Barnes in Harris County; OSSF Installer No. OS4473; for on-site sewage facility violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith/Roscoe Bayless)
Issue Agreed Order, RH/JB. All Agree
Item 4. Docket No. 1999-1191-OSI-E. Consideration of an Agreed Order assessing administrative penalties of Alfred Feller in Kendall County; On-Site Sewage Facility Installer No. OS3339; for water quality 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. (Erika Fair)
Issue Agreed Order, RM/JB. All Agree
On-Site Sewage Installers Enforcement Default Order
Item 5. Docket No. 1999-1572-OSI-E. Consideration of a Default Order assessing administrative penalties against Rudy Ramirez in Bastrop County; TNRCC ID No. 1836; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue Default Order, RH/JB. All Agree
On-Site Sewage Facility Enforcement Agreed Order
Item 6. Docket No. 1999-1445-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Philip G. Dozier in Polk County; On-Site Sewage Facility Installer Certification No. OS133; 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/RH. All Agree
Petroleum Storage Tank Enforcement Agreed Orders
Item 7. Docket No. 1999-1100-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Afreen Enterprises Inc. in Harris County; PST Facility ID No.0017143; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair)
Issue Agreed Order, RM/RH. All Agree
Item 8. Docket No. 1998-1026-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ron Laney Oil Company, Inc. and James Peek dba Peek Service Station in Knox County; TNRCC ID No. 08313; 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/RH. All Agree
Item 9. Docket No. 1999-1576-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of PETRON, Inc. in Orange County; PST Facility ID No. 34431; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly/Karen Santiesteban)
Issue Agreed Order, RM/RH. All Agree
Item 10. Docket No. 1998-0674-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Racetrac Petroleum Inc. in Dallas County; TNRCC ID No. 12591; 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. (Robin Houston)
Issue Agreed Order, RM/RH. All Agree
Item 11. Docket No. 1999-1348-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Clyde Gachter dba Gachter's Car Care/Phillips 66 in Tarrant County; PST Facility ID No. 0044114; for petroleum storage tank violations pursuant to the Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 3882 and the rules of the Texas Natural Resource Conservation Commission. (Mohammed Issa)
Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Enforcement Default Orders
Item 12. Docket No. 1999-0831-PST-E. Consideration of a Default Order assessing administrative penalties of Micor Energy, L.L.C. dba AFCO in Tom Green County; TNRCC ID NO. 58511; for petroleum storage tank violations pursuant to Chapter 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Continued to July 12, 2000
Item 13. Docket No. 1999-0718-PST-E. Consideration of a Default Order assessing administrative penalties against Dennis Dickerson, individually, and Kat Sav-Mor, Inc. in Ector County; TNRCC ID No. 0003137; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston)
Issue Default Order, JB/RH. All Agree
Industrial Waste Discharge Enforcement Agreed Orders
Item 14. Docket No. 1999-1353-IWD-E. Consideration of an Agreed Order assessing administrative penalties of H. Muehlstein & Company, Inc. in Harris County; NPDES Permit No. TX0079561 and Water Quality Permit No. 0002294; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair)
Issue Agreed Order, RH/RM. All Agree
Item 15. Docket No. 1999-1287-IWD-E. Consideration of an Agreed Order assessing administrative penalties of G & C Investment Company, L.L.P. in Harris County: NPDES Permit No. TX0075078 and TNRCC Permit No. 11923-001; for water quality violations pursuant to 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
Item 16. Docket No. 1999-0814-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Paktank Corporation in Harris County; NPDES Permit No. TX0030929 and TNRCC Water Quality Permit No. 01662; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer)
Issue Agreed Order, RH/RM. All Agree
Municipal Waste Discharge Enforcement Agreed Orders
Item 17. Docket No. 1999-0738-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pewitt Consolidated Independent School District in Morris County; Water Quality Permit 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. (Carolyn V. Lind/Sherry Smith)
Issue Agreed Order, RH/RM. All Agree
Item 18. Docket No. 1999-1211-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Water Services, Inc. in Hays County; Water Quality Permit No. 0003063-000; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Larry King/Pam Campbell)
Issue Agreed Order, RM/RH. All Agree
Item 19. Docket No. 1999-1354-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Colorado County Water Control & Improvement District Number 2 in Colorado County; NPDES Permit No. TX0023329 and Water Quality Permit No. 0010152-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest)
Issue Agreed Order, RM/RH. All Agree
Item 21. Docket No. 1999-0798-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Ranger in Eastland County; Expired Water Quality Permit No. 11557-001 and NPDES Permit No. TX0071064; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves)
Issue Agreed Order, RM/RH. All Agree
Item 22. Docket No. 1999-1205-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hillsboro in Hill County; Water Quality Permit No. 0010630-001; 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 23. Docket No. 1999-1122-MWD-E. Consideration of Agreed Order assessing administrative penalties against the City of Denton in Denton County; Water Quality Permit No. 0001992; 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 24. Docket No. 1999-0950-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mildred Independent School District in Navarro County; Water Quality Permit No. 0011646-001; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Agree
Item 25. Docket No. 1999-0951-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Palmer in Ellis County; Water Quality Permit No. 0013620-001; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz)
Issue Agreed Order, RM/RH. All Agree
Municipal Solid Waste Enforcement Agreed Orders
Item 26. Docket No. 2000-0005-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Corsicana in Navarro County; MSW Facility ID No. 1467; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra/Karen Santiesteban)
Issue Agreed Order, JB/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 27. Docket No. 2000-0001-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Resort Water Services, Incorporated in Hood County; PWS TNRCC ID No. 1110060; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E./Subhash Jain)
Issue Agreed Order, RM/RH. All Agree
Item 28. Docket No. 1999-1185-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Paxton Water Supply Corporation in Shelby County; Public Water Supply Nos. 2100012 and 2100031; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Eric Reese)
Issue Agreed Order, RM/RH. All Agree
Item 29. Docket No. 1999-1324-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Parks and Wildlife Department in Bell County; Public Water Supply No. 0140159; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue Agreed Order, RM/RH. All Agree
Item 30. Docket No. 1999-1570-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ms. Lillian Hopkins dba Stephens Creek Camping in San Jacinto County; Public Water Supply No. 2040028; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Karen Santiesteban)
Issue Agreed Order, RM/RH. All Agree
Item 31. Docket No. 1999-1459-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Starward Realty and Development, Inc. dba Sunchase Subdivision Water Supply in Jefferson County; PWS ID No. 1230083; for drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark/Karen Santiesteban)
Issue Agreed Order, RM/RH. All Agree
Air Enforcement Agreed Orders
Item 32. Docket No. 1999-1416-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Mobil Chemical Company in Jefferson County; Air Account No. JE-0062-S; 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. (Susan Kelly/Karen Santiesteban)
Issue Agreed Order, RM/JB. All Agree
Item 33. Docket No. 1999-1470-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Myrl Herrin dba Brazos Body Shop in Hood County; Air Account No. HQ-0109-D; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382 and Tex. Water Code ch.7 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland/Karen Santiesteban)
Issue Agreed Order, RM/JB. All Agree
Item 34. Docket No. 2000-0078-AIR-E. Consideration of an Agreed Order assessing administrative penalties of CR/PL, LLC in Dallas County; Air Account No. DB-0907-L; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Penland/Carl Schnitz)
Remand to Executive Director
Item 35. Docket No. 1999-1367-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trifinery Petroleum Services in Nueces County; TNRCC Air Account No. NE-0195-W; 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. (Audra Baumgartner)
Issue Agreed Order, RM/JB. All Agree
Item 36. Docket No. 1999-1366-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bartlett in Bell County; Air Account No. BF-0221-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/Karen Santiesteban)
Issue Agreed Order, RM/JB. All Agree
Item 37. Docket No. 2000-0074-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Interstate Forging Industries Inc. in Grimes County; Air Account No. GK-0016-C; 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, Karen Santiesteban)
Issue Agreed Order, RM/JB. All Agree
Item 38. Docket No. 1999-1534-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Colorado Interstate Gas Company in Moore County; Air Account No. MR-0121-W; 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. (Shawn Hess/Sheila Smith)
Issue Agreed Order, RM/JB. All Agree
Item 39. Docket No. 2000-0029-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Continental Carbon Company in Moore County; Air Account No. MR-0003-G; 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. (Shawn A. Hess/Sheila Smith)
Issue Agreed Order, RM/JB. All Agree
Item 40. Docket No. 1999-1002-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of ABC-NACO, Incorporated in Fort Bend County; Air Account No. FG-0044-H; 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, RM/JB. All Agree
Item 41. Docket No. 1999-1228-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Bob Farrar dba Ride-on Motors in Dallas County; Account No. DB-1741-O; 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. (Wendy Penland/Tel Croston)
Issue Agreed Order, RM/JB. All Agree
Item 42. Docket No. 1999-0918-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Russell Worthen dba F & W Industries Ltd. Inc., in Ector County; Air Account No. EB-0422-A; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health And Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landberger/Tel Croston)
Issue Agreed Order, RM/JB. All Agree
Item 43. Docket No. 1999-0977-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vintage Petroleum, Inc. in Jackson County; Air Account Nos. JB-0016-M and JB-0049-U for air quality violations pursuant to the Texas Clean Air Act, Health And Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumartner/Tel Croston)
Issue Agreed Order, RM/JB. All Agree
Item 44. Docket No. 1999-0852-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Groves Woodworks, Inc. in Travis County; Air Account No. TH-0721-0 for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Larry King/Tel Croston)
Issue Agreed Order, RM/JB. All Agree
Item 45. Docket No. 1999-1217-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Capitol Aggregates, Incorporated in Travis County; Air Account No. TH-0015-V 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. (Larry King/Tel Croston)
Issue Agreed Order, RM/JB. All Agree
Industrial Hazardous Waste Discharge Enforcement Agreed Orders
Item 46. Docket No. 1999-0315-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Heartland Rig International, Inc. in McCulloch County; IHW Solid Waste Registration No. 35046; for industrial & hazardous 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.
(Mark Newman,Karen Santiesteban)
Issue Agreed Order, RH/RM. All Agree
Item 47. Docket No. 1999-1105-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of River City Metal Finishing, Inc. in Bexar County; Solid Waste Registration 82605; for industrial & hazardous 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 (Malcolm A. Ferris/Karen Santiesteban)
Issue Agreed Order, RH/RM. All Agree
Item 48. Docket No. 1999-1045-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of General Cable Industries, Incorporated in Collin County; Solid Waste Registration No. 30403; for industrial & Hazardous 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/RM. All Agree
Rules
Item 49. Docket No. 2000-0055-RUL. Consideration for adoption of new 30 TAC Chapter 11, Subchapter E, Contract Monitoring Roles and Responsibilities. The new subchapter implements Senate Bill 177, 76th Legislature, 1999. Senate Bill 177 requires state agencies to define the contract monitoring roles and responsibilities of the agency's staff. (Eddie Molina/Forrest Brooks) (Rule Log No. 1999-041-011-AD)
Approve Adoption, RH/JB. All Agree
Item 50. Docket No. 1999-1351-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 331, Underground Injection Control: 331.9, Injection Authorized by Rule; 331.11, Classification of Injection Wells; 331.131, Applicability; 331.132, Construction Standards; and 331.133, Closure Standards. The adoption would revise the regulation of Class V injection wells by clarifying requirements for authorization by rule and updating construction and closure standards. The proposed rules were published in the January 28, 2000 issue of the Texas Register (25 TexReg 542). (Alice Rogers and Mary Ambrose) (Rule Log No. 99009-331-WT)
Approve Adoption, RM/JB. All Agree
Item 51. Docket No. 2000-0451-RUL. Consideration for publication of, and hearing on, proposed:
30 TAC Chapter 336, Radioactive Substance Rules, amendments to Subchapter A, General Provisions; Subchapter B, Radioactive Substance Fees; Subchapter D, Standards for Protection Against Radiation; Subchapter E, Notices, Instructions, and Reports to Workers and Inspections; Subchapter F, Licensing of Alternative Methods of Disposal of Radioactive Material; Subchapter G, Decommissioning Standards; and Subchapter H, Licensing Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste; new Subchapter C, General Disposal Requirements; new Subchapter D, 336.331, 336.332, 336.335, 336.336, 336.338, and 336.339; new Subchapter F, 336.501, Scope and General Provisions; and new Subchapter G, 336.602, 336.615, 336.617, 336.619, 336.621, 336.623, 336.625, and 336.627; and repeal of Subchapter C, Additional Application, Operation, and License Requirements; Subchapter D, 336.331-336.340, 336.348, 336.349, 335.351, and 336.361; Subchapter F, 336.501-336.505, 336.512, 336.514, 336.515, 336.517, 336.519, and 336.521; and Subchapter H, 336.742;
30 TAC Chapter 37, Financial Assurance, amendments to Subchapter S, Financial Assurance for Alternative Methods of Disposal of Radioactive Material and Subchapter T, Financial Assurance for Near-Surface Land Disposal of Radioactive Waste.
30 TAC Chapter 39, Public Notice, amendments to Subchapter A, Applicability and General Provisions and Subchapter M, Public Notice for Radioactive Material Licenses; and repeal of Subchapter F, Public Notice of Radioactive Material License Applications.
30 TAC Chapter 50, Action on Applications and Other Authorizations, amendments to Subchapter C, Action by the Executive Director.
30 TAC Chapter 281, Applications Processing, amendments to Subchapter A, Applications Processing.
30 TAC Chapter 305, Consolidated Permits, amendments to Subchapter A, General Provisions; Subchapter C, Application for Permit; Subchapter D, Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits; and Subchapter F, Permit Characteristics and Conditions.
The amendments are proposed to comply with House Bill 1172 and Senate Bill 1421, 76th Legislature, 1999; to implement recommendations of the TNRCC's Business Process Review Permit Implementation Team to achieve consistency between the procedures of the radiation control program and the agency; and to improve readability and understanding by reorganizing Chapter 336, simplifying language, and eliminating redundancies and inconsistencies. (Alice Rogers/Snehal Patel/Ray Austin) (Rule Log No. 1999-057-336-WS)
Approve publication and hearing with changes as recommended by staff, RH/JB. Marquez absent for Vote.
EXECUTIVE SESSION
Item 52. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
Item 53. 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.
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ADDENDUM TO AGENDA
Wednesday, May 31, 2000
Texas Natural Resource Conservation Commission
09:30 A.M.
Bldg E. Room 201S
12100 Park 35 Circle
Item 54. Docket No. 2000-0531-MIS. Consideration of options for a recommendation to the Governor of designating counties in Texas as nonattainment, unclassifiable, or attainment for the 8-hour ozone standard in accordance with 107(d)(1)(A) of the Federal Clean Air Act and the Transportation Equity Act of the 21st Century (TEA-21). (Bill Jordan)
Approve staff recommendation, RH/RM. All Agree

AGENDA

Wednesday, May 31, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

01:00 P.M.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. TNRCC Docket No. 1998-0741-OSI-E; SOAH Docket No. 582-99-1452. Consideration of Administrative Law Judge's Proposal for Decision and Order against David Aguero for alleged violations of On-Site Sewage Installers (OSI) Certificate No. OS4876 in Houston, Harris County, Texas.
See Item # 4
Item 2. TNRCC Docket No. 1998-0718-PST-E; SOAH Docket No. 582-99-1189. Proposal for Decision and Order for alleged violations against Syed Ghouse Mohuiddin dba 3M Gas and Food, located in Houston, Harris County, Texas, for failure to pay annual underground storage tank fees and for violations of Commission Stage II rules pertaining to emissions of volatile organic compounds at motor vehicle fuel dispensing facilities.
Adopt Administrative Law Judges Proposal for Decision with the exceptions to the fees and court reporting costs and except the Executive Directors exceptions to the Proposal for Decision, RH/RM. All Agree
Item 3. TNRCC Docket No. 2000-0463-IWD. Consideration of the Motion for Reconsideration filed by TXU Electric Company concerning the issuance of TPDES Permit No. 00954 which authorizes the treatment and disposal of wastes from the Lake Creek Steam Electric Station located on the west shore of Lake Creek Reservoir along Farm-to-Market Road 1860, approximately four miles southeast of the City of Riesel, McLennan County, Texas.
Grant Motion for Reconsideration and remand to the Executive Director, JB/RH. All Agree
ADDENDUM TO AGENDA
Wednesday, May 31, 2000
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
01:00 P.M.
12100 Park 35 Circle
Bldg E. Room 201S
Item 4. TNRCC Docket No. 1998-0741-OSI-E; SOAH Docket No. 582-99-1452. Consideration of Administrative Law Judge's Proposal for Decision and Order against David Aguero for alleged violations of On-Site Sewage Installers (OSI) Certificate No. OS4976 in Houston, Harris County, Texas.
Adopt PFD and Issue Order, with changes as recommended, RM/JB. All Agree