| 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
Marquez
Baker
| MISCELLANEOUS | ||
| Item 1. | Docket No. 2000-0215-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Chapter 575 to the Government Code, concerning acceptance of gifts by certain state agencies. (Elizabeth West) | |
| Approve Staff Recommendation, RM/RH. All Agree | ||
| Air Regulatory Flexibility Order | ||
| Item 2. | Docket No. 2000-0629-AIR. Consideration of an application for a Regulatory Flexibility Order submitted by Chevron Chemical Corporation (Chevron) pursuant to Texas Water Code Section 5.123 and 30 Texas Administrative Code Chapter 90. Chevron requests an alternative method of measuring the vapor pressure of volatile organic compounds in their VOC/water separators as specified by 30 Texas Administrative Code 115.135(a)(5) at their plant located in Baytown, Texas. (Jean Xu/Parker Wilson) | |
| Approve Regulatory Flexibility Order, RM/JB. All Agree | ||
| Industrial Hazardous Waste Flexibility Order | ||
| Item 3. | Docket No. 2000-0630-IHW. Consideration of an application for a Regulatory Flexibility Order submitted by Rhodia, Incorporated pursuant to Texas Water Code Section 5.123 and 30 Texas Administrative Code Chapter 90. Rhodia, Incorporated requests relief from installing a total hydrocarbon and opacity monitor as required by 30 Texas Administrative Code 335.228 and 111.127 at their plant located in Houston, Texas. (Billy Spiller/Darla Holtclaw/John Deering) | |
| Approve Regulatory Flexibility Order, RH/RM. All Agree | ||
| Rules | ||
| Item 4. | Docket No. 2000-0071-RUL. Consideration for adoption of an amendment to 30 TAC Section 281.18, Applications Returned. The adoption establishes a submittal deadline for permit applicants who have received notice from the executive director that additional information or material is needed to declare the application administratively complete. The adoption implements requirements of Senate Bill 486, 76th Legislature, 1999. The proposed rule was published in the February 25, 2000 issue of the Texas Register (25 TexReg 1562). (Ray Austin/John Forehand) (Rule Log No. 1999-051-281-WS). | |
| Approve adoption of amendments, JB/RM. All Agree | ||
| Item 5. | Docket No. 2000-0037-RUL. Consideration for adoption of the rules review and repeal of 30 TAC Chapter 104, Bond Certification Criteria for Air Pollution Control Facilities. The review complies 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 commission has reviewed these rules and has determined that a need for the rules no longer exists. The proposed repeal and notice of intention to review were published in the March 17, 2000 issue of the Texas Register (25 TexReg 2292 and 2405). (Jill Burditt/Parker Wilson) (Rule Log No. 1999-079-104-AI). | |
| Approve adoption of rules review and approve repeal of 30 TAC Chapter 104, RM/JB. All Agree | ||
| Item 6. | Docket No. 2000-0186-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the state implementation plan (SIP): | |
| Section 115.420 - Surface Coating Definitions | ||
| Section 115.421 - Emission Specifications | ||
| Section 115.422 - Control Requirements | ||
| Section 115.423 - Alternate Control Requirements | ||
| Section 115.424 - Inspection Requirements | ||
| Section 115.425 - Testing Requirements | ||
| Section 115.426 - Monitoring and Recordkeeping Requirements | ||
| Section 115.427 - Exemptions | ||
| Section 115.429 - Counties and Compliance Schedules | ||
| If adopted, the amendments would incorporate federal volatile organic compound control technique guidelines for aerospace manufacturers and rework operations. This action would also recommend to the United States Environmental Protection Agency that the alternate reasonably available control technology (ARACT) plans for Bell Helicopter-Textron, Raytheon, and Lockheed-Martin companies be removed from the SIP. In addition, the amendments would remove architectural coating requirements that have been superceded by federal rules and would clarify the definition of "miscellaneous metal parts and products" and add a new definition of "daily weighted average." The proposed amendments were published in the April 7, 2000, issue of the Texas Register (25 TexReg 2936). (Beecher Cameron/Eddie Mack/Snehal Patel) (Rule Log No. 1999-023-115-AI). | ||
| Approve adoption of amendments, RH/JB. All Agree | ||
| Item 7. | Docket No. 1999-1186-RUL Consideration for adoption of amendments to 30 TAC Chapter 101, General Rules, Section 101.1, Definitions; Section 101.6, Upset Reporting and Recordkeeping Requirements; Section 101.7, Maintenance, Start-up and Shutdown Reporting, Recordkeeping, and Operational Requirements; Section 101.11, Exemptions from Rules and Regulations; and to the State Implementation Plan. The amendments specify a reporting threshold for certain compounds, require the submission of certain records concerning unauthorized emissions of air contaminants and state under what conditions release of these contaminants may be exempted from state rules. The amendments also correct typographical errors. The proposed amendments were published in the January 28, 2000 edition of the Texas Register (25 TexReg 530). (Beecher Cameron) (Rule Log No. 99050-101-AI). | |
| Approve adoption of amendments, with changes as requested by staff, RM/RH. All Agree | ||
| Item 8. | Docket No. 2000-0599-RUL. Consideration of proposed amendments to: | |
| Chapter 305, Consolidated Permits: | ||
| Subchapter H, Additional Conditions for Injection Well Permits | ||
| Chapter 331, Underground Injection Control: | ||
| Subchapter A, General Provisions | ||
| Subchapter C, General Standards and Methods | ||
| Subchapter D, Standards for Class I Wells Other Than Salt Cavern Solid Waste | ||
| Disposal Wells | ||
| Subchapter E, Standards for Class III Wells | ||
| Subchapter F, Standards for Class III Well Production Area Development | ||
| Subchapter G, Consideration Prior to Permit Issuance | ||
| Subchapter J, Standards for Class I Salt Cavern Solid Waste Disposal Wells | ||
| Subchapter K, Additional Requirements for Class V Aquifer Storage Wells | ||
| The proposed amendments will update, correct, and clarify the rules and increase their consistency with federal rules. | ||
| Consideration for publication of the Notice of Intention to Review and proposed readoption with amendments to Chapter 331. This review is in accordance with Texas Government Code, Section 2001.039; and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. (Devane Clarke/Kelly Mego/David Williams) (Rule Log No. 1999-025-331-WS) | ||
| Adopt proposed amendments, RM/RH. All Agree | ||
| Item 9. | Docket No. 2000-0084-RUL. Consideration for the adoption of the rules review of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste; adoption of the repeal of the following sections of Chapter 335; and readoption of the remaining sections of Chapter 335. The sections being considered for repeal are: | |
| Section 335.226 | Standards for Burning Hazardous Waste in Commercial Combustion Facilities | |
| Section 335.227 | Testing Requirements for Commercial Hazardous Waste Combustion Facilities | |
| Section 335.228 | Monitoring and Recordkeeping Requirements for Commercial Hazardous Waste Combustion Facilities | |
| Section 335.229 | Operating Requirements for Commercial Hazardous Waste Combustion Facilities | |
| Section 335.361 | Definitions | |
| Section 335.362 | Applicability | |
| Section 335.363 | Permit Conditions | |
| Section 335.364 | Representations in Application for Permit | |
| Section 335.365 | Responsibility for Review of Air Quality Impacts from Existing, New, and Modified Facilities | |
| Section 335.366 | General Air Emissions Requirements for Hazardous or Solid Waste Management Facilities | |
| Section 335.367 | Specific Air Emissions Requirements for Hazardous or Solid Waste Management Facilities | |
| Section 335.404 | Interagency Coordination | |
| The review is in accordance with Texas Government Code, Section 2001.039; and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The repeals would remove rules which are redundant, no longer required, or no longer necessary. The proposed review and repeal were published for comment in the March 24, 2000 issue of the Texas Register (25 TexReg 2664 and 25 TexReg 2546). (Ray Austin/Kari Bourland) (Rule Log No. 1999-076-335-WS) | ||
| Approve Adoption, JB/RH. All Agree | ||
| EXECUTIVE SESSION | ||
| Item 10. | 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 11. | Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. | |
| No Action Taken | ||
| (PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF 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. | ||
| Item carried forward from agenda of May 17, 2000. | |
| 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 August 23, 2000 | |
| Item 1. | TNRCC Docket No. 1998-1232-AIR-E; SOAH Docket No. 582-99-0802. Consideration of the Motions for Rehearing filed by Basse Truck Line, Inc. and the Executive Director concerning the Commission's order issued April 24, 2000 which assesses administrative penalties against and requires remediation by Basse Truck Line, Inc. with regard to its truck dispatch facility located at Belgium Lane in San Antonio, Texas. |
| Deny Motion for Rehearing filed by Basse Truck Line, Inc., and Grant Motion for Rehearing filed by Executive Director, JB/RH. All Agree | |