AGENDA

Wednesday, June 14, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 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.
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.


Huston - Absent
Marquez
Baker

OLD BUSINESS AGENDA

Wednesday, June 14, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item carried forward from Agenda of May 3, 2000 and May 17, 2000
Item 1. 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).
Approve publication of amendments, JB/RM.


ADDENDUM TO OLD BUSINESS

Wednesday, June 14, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 2. Docket No. 1999-1301-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Bishop Consolidated Independent School District in Nueces County; TNRCC Permit No. 11754-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald/Terry Murphy)
Approve agreed order, RM/JB. All Agree


Huston - Absent
Marquez
Baker

AGENDA

Wednesday, June 14, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Hearing Requests
Item 1. Docket No. 2000-0397-AIR . Consideration of registration by Albert A. Leikis, Jr. under Permit by Rule 106.203, Registration Number 42197 to authorize a concrete specialty plant. The proposed facility will be located at 29161 FM 306, Spring Branch, Comal County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Directors' Response to Comments. ( Helga Chatelle, Garrett Arthur)
Item #1 has been reposted as item #37
Item 2. Docket No. 2000-0462-MSW. Consideration of an application by G.O. Weiss, Inc. for a permit amendment to an existing Type IV municipal solid waste landfill facility. The permit amendment will authorize a height increase, a depth increase and a horizontal increase. The facility is located at 3510 Greenhouse Road, approximately 0.6 miles south of the intersection of Clay Road and Greenhouse Road in Harris County, Texas. The Commission will also consider hearing requests and related responses and replies. Mike Graeber/ Steve Shepherd.
Remanded to Executive Director, hearing requests withdrawn
District Matter
Item 3. Docket No. 1999-1327-DIS. Consideration of a Proposed Order Approving the Petition of a landowner for Dissolution of Harris County Municipal Utility District No. 291. The Petitioner requests the Commission dissolve the district pursuant to V.T.C.A. Water Code Section 49.321-49.327. (TNRCC Internal Control No. 10251999-D01; Cindy Cartwright)
Approve petition to dissolve district, JB/RM. All Agree
Agricultural Enforcement Agreed Order
Item 4. Docket No. 1999-0906-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Butch Jackson dba Butch Jackson Poultry Farm in Gonzales 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. (Gary L. McDonald/Terry Murphy)
Issue Agreed Order, JB/RM. All Agree
Public Water Supply Enforcement Agreed Orders
Item 5. Docket No. 2000-0142-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lake Livingston Water Supply and Sewer Service Corporation dba Forest Hills Water System in Polk County; Public Water Supply No. 1870068; 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/JB. All Agree
Item 6. Docket No. 1999-1263-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sheffield Water Supply Corporation in Pecos County: Public Water Supply ID No. 1860004; for drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger/Karen Santiesteban)
Issue Agreed Order, RM/JB. All Agree
Item 7. Docket No. 1999-1231-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Trinidad in Henderson County; PWS ID No. 1070004; for drinking water violations pursuant to the Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind/Karen Santiesteban)
Issue Agreed Order, RM/JB. All Agree
Item 8. Docket No. 1998-0430-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tom Green County Fresh Water Supply District No. 2 in Tom Green County; TNRCC ID No. 2260004; 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. (Nathan Block)
Issue Agreed Order, RM/JB
Sludge Enforcement Agreed Order
Item 9. Docket No. 1999-0948-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Leroy Kirbie, Sr., dba Kirbie Septic Tank & Ditching Service in Tarrant County; TNRCC ID No. 710369; for water quality 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
Multi Media Enforcement Agreed Order
Item 10. Docket No. 1998-1440-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Otto Marine Enterprises dba the O.M.E. Corporation in Harris County; TNRCC ID No. WQ-03445 and 33729; for water quality and industrial hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Peeler)
Issue Agreed Order, JB/RM
Air Quality Enforcement Agreed Orders
Item 11. Docket No. 1999-1469-AIR-E. Consideration of an Agreed Order assessing administrative penalties of Zee Manufacturing Company, Incorporated in Bexar County; Air Account No. BG-0539-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. (Malcolm A. Ferris/Karen Santiesteban)
Issue Agreed Order, JB/RM
Item 12. Docket No. 1999-1415-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E. I. DuPont de Nemours and Company, Inc. in Orange County; Air Account No. OC-0007-J; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly/Karen Santiesteban)
Issue Agreed Order, JB/RM
Item 13. Docket No. 1999-1371-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nagel Manufacturing and Supply Company in Burleson County; Air Account BR-0016-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. (Kyle F. Headley/Karen Santiesteban)
Issue Agreed Order, JB/RM
Item 14. Docket No. 1999-1414-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jobe Concrete Products, Inc. in El Paso County; Air Account No. EE-0034-D; 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. (Rebecca Cervantes/Karen Santiesteban)
Continued to July 12, 2000
Industrial Hazardous Waste Enforcement Agreed Orders
Item 15. Docket No. 1999-1545-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lonza, Inc. in Harris County; ISW Registration No. 31409; for industrial & hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Billie Zaporteza/Karen Santiesteban)
Issue Agreed Order, RM/JB.
Item 16. Docket No. 1999-0365-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Emmett Properties, Inc. in Harris County; for water quality and industrial hazardous waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampa)
Issue Agreed Order
Item 17. Docket No. 1999-0366-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of SeaTrax, Inc. in Harris County; for water quality and industrial hazardous waste violations pursuant to Chapter 26 of the Texas Water Code, Chapter 361 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order
Item 18. Docket No. 1999-1461-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Grupo Gor in Hidalgo County; Solid Waste Registration No. 84690; 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. (Fara O'Neal, Steven Lopez)
Issue Agreed Order, JB/RM
Industrial Waste Discharge Enforcement Agreed Orders
Item 19. Docket No. 1999-1096-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Bryan in Brazos County; Water Quality Permit No. 01906; for water violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese)
Issue Agreed Order, JB/RM
Item 20. Docket No. 1999-1139-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ransom Industries, LP in Smith County; Water Quality Permit No. 0001793; 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, JB/RM
Municipal Waste Discharge Enforcement Agreed Orders
Item 21. Docket No. 1999-1497-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Harris County Municipal Utility District No. 26 in Harris County; NPDES Permit TX0056537; Water Quality Permit No. 0011406-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Julia McMasters)
Issue Agreed Order JB/RM
Item 22. Docket No. 1999-1016-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Baird in Callahan County; Water Quality Permit No. 10037-001; 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, JB/RM
Item 23. Docket No. 1999-1500-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Entergy Gulf States, Inc. in Montgomery County; NPDES No. TX0067890; for water quality violations pursuant to the Texas Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gayle Stewart)
Issue Agreed Order, JB/RM
On-Site Installer Enforcement Agreed Order
Item 24. Docket No. 1999-1581-OSI-E. Consideration of an Agreed Order resolving an enforcement action and assessing an administrative penalty against Paul David Daugherty in Johnson County; On-Site Sewage Facility Installer Id. No. OS6780; for certification violations pursuant to Tex. Health & Safety Code Ch. 366, Tex. Water Code Ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Robbie Allen)
Issue Agreed Order, JB/RM
On-Site Installer Enforcement Default Order
Item 25. Docket No. 1999-0688-OSI-E. Consideration of a Default Order assessing administrative penalties against Gary Cameron in Tyler County; TNRCC ID No. 229-434; 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. (Nathan Block)
Remanded to Executive Director
Petroleum Storage Tank Enforcement Agreed Orders
Item 26. Docket No. 1999-1574-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nadir Ali dba Get N Go #3 and Toby Gallegos in Calhoun County; UST Facility ID No. 47665; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner/Karen Santiesteban)
Issue Agreed Order, RM/JB
Item 27. Docket No. 2000-0022-PST-E. Consideration of an Agreed Order assessing administrative penalties of Nasim Aziz dba Three Omigos in Tarrant County; Petroleum Storage Tank Facility ID No. 0063159; 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. (Erika Fair)
Issue Agreed Order, RM/JB
Item 28. Docket No. 2000-0019-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Charles Wooley dba Chasco C-Store in Tarrant County; PST Facility ID No. 0061916; 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. (Julia McMasters)
Issue Agreed Order, RM/JB
Item 29. Docket No. 1998-1216-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of T&M Management & Spindletop Truck Stop, Inc. in Orange County; TNRCC ID No. 17234; 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. (Lisa Lemanczyk)
Issue Agreed Order, RM/JB
Petroleum Storage Tank Default Orders
Item 30. Docket No. 1999-0443-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Joe Hamilton dba Keg Korner in Comanche County; TNRCC ID No. 71627; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Remanded to Executive Director
Item 31. Docket No. 1998-1365-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Rubina Marwaha and Brijinder Nijjar dba Shop N Go in Harris County; TNRCC ID No. 0027223; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Nathan Block)
Remanded to Executive Director
Rules
Item 32. Docket No. 2000-0230-RUL. Consideration for approval of rules review and readoption of 30 TAC Chapter 294, Underground Water Management Areas. The review is in accordance with Texas Government Code, 2001.039 and the General Appropriations Act, Article IX, 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the April 7, 2000 issue of the Texas Register (25 TexReg 3063). (Steve Musick and Mary Ambrose) (Rule Log No. 1999-075-294-WT)
Approve rules review and readoption, JB/RM
Item 33. Docket No. 1999-1568-RUL. Consideration for adoption of new 30 TAC Chapter 230, Groundwater Availability Certification for Platting:
new Section 230.1 Applicability
new Section 230.2 Definitions
new Section 230.3 Certification of Groundwater Availability for Platting
new Section 230.4 Administration Information
new Section 230.5 Proposed Subdivision Information
new Section 230.6 Projected Water Demand Estimate
new Section 230.7 General Groundwater Resource Information
new Section 230.8 Obtaining Site-Specific Groundwater Data
new Section 230.9 Determination of Groundwater Quality
new Section 230.10 Determination of Groundwater Availability
new Section 230.11 Groundwater Availability and Usability Statements and Certification
The new chapter will implement the statutory requirements of Senate Bill 1323, 76th Legislature, 1999, which added new sections to the Local Government Code, Section 212.0101 and Section 232.0031. The new chapter establishes the appropriate form and content of a certification, which is to be attached to a plat application, that adequate groundwater is available for the subdivision. The proposed rules were published in the February 11, 2000 issue of the Texas Register (25 TexReg 1028). (Steve Musick/Kelly Mills/Mary Ambrose) (Rule Log No. 1999-028-230-WT).
Approve adoption, RM/JB
Item 34. Docket No. 2000-0036-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 113, Subchapter C, National Emissions Standards for Hazardous Air Pollutants for Source Categories:
113.100 General Provisions (40 CFR 63, Subpart A)
113.110 Synthetic Organic Chemical Manufacturing Industry (40 CFR 63, Subpart F)
113.120 Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater (40 CFR 63, Subpart G)
113.130 Organic Hazardous Air Pollutants for Equipment Leaks (40 CFR 63, Subpart H)
113.180 Perchloroethylene Dry Cleaning Facilities (40 CFR 63, Subpart M)
113.190 Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (40 CFR 63, Subpart N)
113.200 Ethylene Oxide Sterilization Facilities (40 CFR 63, Subpart O)
113.240 Pulp and Paper Production (40 CFR 63, Subpart S)
113.250 Halogenated Solvent Cleaning (40 CFR 63, Subpart T)
113.260 Group I Polymers and Resins (40 CFR 63, Subpart U)
113.290 Secondary Lead Smelting (40 CFR 63, Subpart X)
113.350 Off-site Waste Recovery Operations (40 CFR 63, Subpart DD)
113.360 Magnetic Tape Manufacturing Operations (40 CFR 63, Subpart EE)
113.460 Tanks - Level 1 (40 CFR 63, Subpart OO)
113.470 Containers (40 CFR 63, Subpart PP)
113.480 Surface Impoundments (40 CFR 63, Subpart QQ)
113.490 Individual Drain Systems (40 CFR 63, Subpart RR)
113.530 Oil-Water Separators and Organic-Water Separators (40 CFR 63, Subpart VV)
113.620 Hazardous Waste Combustors (40 CFR 63, Subpart EEE)
113.670 Group IV Polymers and Resins (40 CFR 63, Subpart JJJ)
Consideration for adoption of the following new sections of 30 TAC Chapter 113, Subchapter C, National Emissions Standards for Hazardous Air Pollutants for Source Categories:
113.320 Phosphoric Acid Manufacturing Plants (40 CFR 63, Subpart AA)
113.330 Phosphate Fertilizers Production Plants (40 CFR 63, Subpart BB)
113.390 Oil and Natural Gas Production Facilities (40 CFR 63, Subpart HH)
113.500 Closed Vent Systems, Control Devices, Recovery Devices, and Routing to Fuel Gas System or Process (40 CFR 63, Subpart SS)
113.510 Equipment Leaks - Control Level 1 (40 CFR 63, Subpart TT)
113.520 Equipment Leaks - Control Level 2 (40 CFR 63, Subpart UU)
113.540 Storage Vessels - (Tanks) Control Level 2 (40 CFR 63, Subpart WW)
113.560 Generic MACT (40 CFR 63, Subpart YY)
113.600 Steel Pickling - HCl Process Facilities and Hydrochloric Acid Regeneration Plants (40 CFR 63, Subpart CCC)
113.610 Mineral Wool Production (40 CFR 63, Subpart DDD)
113.650 Natural Gas Transmission and Storage Facilities (40 CFR 63, Subpart HHH)
113.690 Portland Cement Manufacturing (40 CFR 63, Subpart LLL)
113.700 Pesticide Active Ingredient Production (40 CFR 63, Subpart MMM)
113.710 Wool Fiberglass Manufacturing (40 CFR 63, Subpart NNN)
113.720 Manufacture of Amino/Phenolic Resins (40 CFR 63, Subpart OOO)
113.730 Polyether Polyols Production (40 CFR 63, Subpart PPP)
113.770 Primary Lead Smelting (40 CFR 63, Subpart TTT)
113.790 Publically Owned Treatment Works (40 CFR 63, Subpart VVV)
113.810 Ferroalloys Production: Ferromanganese and Silicomanganese (40 CFR 63, Subpart XXX)
These rules incorporate by reference changes that the United States Environmental Protection Agency (EPA) has made to certain Maximum Achievable Control Technology (MACT) standards that the commission has previously adopted and incorporate by reference 19 new federal MACT standards for the control of hazardous air pollutant emissions from specific source categories. MACT standards are found in Title 40 Code of Federal Regulations Part 63.
Previously adopted MACT standards that EPA has amended are: General Provisions, Subpart A; Synthetic Organic Chemical Manufacturing Industry (SOCMI), Subpart F; Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, Subpart G; Organic HAP for Equipment Leaks, Subpart H; Perchloroethylene Dry Cleaning Facilities, Subpart M; Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, Subpart N; Ethylene Oxide Commercial Sterilization and Fumigation Operations, Subpart O; Pulp and Paper Production, Subpart S; Halogenated Solvent Cleaning, Subpart T; Group I Polymers and Resins, Subpart U; Secondary Lead Smelting, Subpart X; Off-site Waste Recovery, Subpart DD; Magnetic Tape Manufacturing, Subpart EE; Tanks - Level 1, Subpart OO; Containers, Subpart PP; Surface Impoundments, Subpart QQ; Individual Drain Systems, Subpart RR; Oil Water Separators & Organic-Water Separators, Subpart VV; Hazardous Waste Combustors, Subpart EEE; and, Group IV Polymers and Resins, Subpart JJJ.
Sections 113.110, 113.120, and 113.130 are part of the National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry (HON). The HON was adopted as a control measure in the ozone nonattainment areas in the State Implementation Plan (SIP) and, therefore, the amendments to these subparts is considered a revision to the SIP.
The 19 new federal MACT standards are: Phosphoric Acid, Subpart AA; Phosphate Fertilizers, Subpart BB; Oil & Natural Gas Production, Subpart HH; Closed Vent Systems, Control Devices, Recovery Devices, and Routing to Fuel Gas System or Process, Subpart SS; Equipment Leaks - Control Level 1, Subpart TT; Equipment Leaks - Control Level 2, Subpart UU; Storage Vessels - (Tanks) Control Level 2, Subpart WW; Generic MACT+, Subpart YY; Steel Pickling - HCL Process, Subpart CCC; Mineral Wool Production, Subpart DDD; Natural Gas Transmission and Storage, Subpart HHH; Portland Cement Manufacturing, Subpart LLL; Pesticide Active Ingredient Productions, Subpart MMM; Wool Fiberglass Manufacturing, Subpart NNN; Manufacture of Amino/Phenolic Resins, Subpart OOO; Polyether Polyols Production, Subpart PPP; Primary Lead Smelting, Subpart TTT; Publically Owned Treatment Works, Subpart VVV; and Ferroalloys Productions, Subpart XXX.
MACT standards are applicable statewide to major and a limited number of non-major or area sources which emit any of EPA-designated 188 hazardous air pollutants. The level of control is based on the maximum level of control achieved in practice within the industry. The staff also requests approval to seek formal delegation from EPA for the 19 new MACT standards. The proposal was published in the February 25, 2000 issue of the Texas Register (25 TexReg 1537). (Jill Burditt/Steve Hagle) (Rule Log No. 1999-082-113-AI).
Approve Adoption, RM/JB
EXECUTIVE SESSION
Item 35. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting will be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
Item 36. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
(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 THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, June 14, 2000

Texas Natural Resource Conservation Commission

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 37. Docket No.: 2000-0397-AIR. Consideration of registration by Terbla Enterprises and the owner Albert A. Leikis, Jr. under Permit by Rule 106.203, Registration Number 42197 to authorize a concrete specialty plant. The proposed facility will be located at 29161 FM 306, Spring Branch, Comal County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Directors' Response to Comments. ( Helga Chatelle, Garrett Arthur)
Deny hearing request and issue registration, and adopt Executive Director's Response to comments, RM/JB.


AGENDA

Wednesday, June 14, 2000

Texas Natural Resource Conservation Commission

1:00 p.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 1. TNRCC Docket No. 1998-0956-IHW-E; SOAH Docket No. 582-99-1432. Consideration of Administrative Law Judges Proposal for Decision and Order against Harrison of Texas, Inc; for violations of Chapter 335, Title 30 of the Texas Administrative Code (TAC). This facility is located in Houston, Harris County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order with changes as recommended by the Administrative Law Judge. RM/JB