AGENDA

Wednesday, August 23, 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


OLD BUSINESS AGENDA

Wednesday, August 23, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item carried forward from agenda of July 26, 2000.
Item 1. Docket No.2000-0170-RUL. Consideration for adoption of amendments to 30 TAC Chapter 290, Public Drinking Water, Sections 290.38, 290.39, 290.41, 290.44, 290.45, and 290.47, relating to Rules and Regulations for Public Water Systems; repeal of sections 290.42, 290.46, 290.101 - 290.106, and 290.108 - 290.121; and adoption of new sections 290.42, 290.46, Rules and Regulations for Public Water Systems; and 290.101 - 290.115, 290.117 - 290.119, 290.121, and 290.122, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems.
The rulemaking adopts provisions of the federal Stage 1 Disinfectants and Disinfection By-Products rule, as well as the federal Interim Enhanced Surface Water Treatment rule. This adoption also amends state design criteria for drinking water supply systems. The proposed rules were published in the April 21, 2000 issue of the Texas Register (25 TexReg 3420). (Jack Schulze/Melissa Estes/Scott Humphrey) (Rule Log No. 1999-015-290-WT)
Approve adoption, RH/RM. All Agree


ADDENDUM TO OLD BUSINESS

Wednesday, August 23, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Bldg E. Room 201S

Item carried forward from Agenda of August 9, 2000.
Item 2. Docket No. 2000-0827-SIP. Consideration for publication of, and hearing upon, an agreement with Southwest Airlines, Inc., and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the William P. Hobby Airport in Houston, Harris County, Texas. (Bill Jordan)
Continued to September 7, 2000, RM/RH. All Agree
Item carried forward from Agenda of August 9, 2000.
Item 3. Docket No. 2000-0828-SIP. Consideration for publication of, and hearing upon, an agreement with the City of Houston, and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the George Bush Intercontinental Airport, William P. Hobby Airport, and Ellington Field in Houston, Harris County, Texas. (Bill Jordan)
Approve publication and hearing, RM/RH. All Agree


Huston
Marquez
Baker

AGENDA

Wednesday, August 23, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 1. Docket No. 1999-0904-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tom Rowntree dba Rowntree Cattle Company in Erath County; Enforcement ID No. 13683; for confined animal feeding operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Continued to September 27, 2000
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 2. Docket No. 1998-1105-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Allen Watts dba Lago Vista Utility in Guadalupe County; TNRCC ID No. 0940029; 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. (Ali Abazari)
Item remanded to Executive Director
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2000-0146-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Virginia Powell dba Cedar Bluff Camp in Comal County; Public Water Supply No. 0460142; 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 4. Docket No. 2000-0003-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Lois Clark dba Country Village in Fort Bend County; Public Water Supply No. 0790236; for drinking water quality violations pursuant to Texas Health & Safety Code Chapter 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave)
Issue Agreed Order, RM/RH. All Agree
Item 5. Docket No. 2000-0100-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Double Diamond Utilities Co. in Hill County; PWS ID No. 1090073; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kyle Headley, Pamela Campbell)
Issue Agreed Order, RM/RH. All Agree
Item 6. Docket No. 2000-0031-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. David Fenoglio dba Perrin Water System dba Sunset Water System in Montague County; Public Water Supply No. 1690007; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown)
Issue Agreed Order, RM/RH. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 7. Docket No. 1999-1052-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Bill Ballard dba Ballard's Septic Tank Service in Gregg County; Sludge Transporter Registration No. 22493; for sewage sludge violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Pam Campbell)
Issue Agreed Order, RM/RH. All Agree
MULTI- MEDIA ENFORCEMENT AGREED ORDER
Item 8. Docket No. 1999-1171-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dallas Fort Worth International Airport Board in Tarrant County; TNRCC ID No. 72593; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, JB/RM. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 9. Docket No. 1999-0728-AIR-E. Consideration of an Agreed Order assessing administrative penalties against South-Tex Concrete, Inc. in Cameron County; TNRCC ID No. 90-8371-F; for air violations pursuant to Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue Agreed Order, RH/JB. All Agree
Item 10. Docket No. 2000-0075-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Villanueva dba Brady's Paint and Body in Bexar County; Air Account No. BG-0674-N; 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. (Malcolm A. Ferris, Stacey Young)
Issue Agreed Order, RH/JB. All Agree
Item 11. Docket No. 2000-0160-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brownwood Ross Company in Brown County; Air Account No. BQ-0013-E; 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. (Kara Dudash, Stacey Young)
Issue Agreed Order, RH/JB. All Agree
Item 12. Docket No. 1999-1551-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chevron Phillips Chemical Company, L P in Harris County; Air Account No. HG-0310-V; 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. (Carl Schnitz)
Issue Agreed Order, RH/JB. All Agree
Item 13. Docket No. 1999-1472-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Conti Groups Company dba Continental Grain Company in Jefferson County; Air Account No. JE-0026-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. (Susan Kelly, Stacey Young)
Issue Agreed Order, RH/JB. All Agree
Item 14. Docket No. 2000-0250-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Crockett Gas Processing Company in Crockett County; Air Account No. CZ-0011-M; 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. (Mark Newman, Stacey Young)
Issue Agreed Order, RH/JB. All Agree
Item 15. Docket No. 2000-0162-AIR-E. Consideration of an Agreed Order assessing administrative penalties against GNB Technologies, Incorporated in Collin County; TNRCC Air Account No. CP-0029-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. (Jorge Ibarra, P.E., Stacey Young)
Issue Agreed Order, RH/JB. All Agree
Item 16. Docket No. 1999-1588-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Groendyke Transport, Inc. in El Paso County; Air Account No. EE-0331-R; 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. (Corey M. Burke)
Issue Agreed Order, RH/JB. All Agree
Item 17. Docket No. 1999-1566-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Hertz Corporation in El Paso County; Air Account No. EE-1145-J; 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. (Corey M. Burke)
Issue Agreed Order, RH/JB. All Agree
Item 18. Docket No. 2000-0262-AIR-E. Consideration of an Agreed Order assessing administrative penalties against J. Cleo Thompson Company in Crockett County; Air Account No. CZ-0035-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. (Mark Newman, Stacey Young)
Issue Agreed Order, RH/JB. All Agree
Item 19. Docket No. 2000-0257-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Electra Resources, Inc. in Wilbarger County; Air Account No. WI-0016-D; 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. (Kara Dudash, Stacey Young)
Issue Agreed Order, RH/JB. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 1998-1071-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Daniel Salinas, Sr. and Astro Plating, Inc. in Bexar County; TNRCC ID No. 37656; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RH/JB. All Agree
Item 21. Docket No. 1999-0779-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of United States Army, Camp Bullis Training Site in Bexar County; TNRCC ID No. 69062; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RH/JB. All Agree
Item 22. Docket No. 1998-0225-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Shamrock Refining and Marketing Company in Nueces County; TNRCC ID No. 81094; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Water Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RH/JB. All Agree
Item 23. Docket No. 1999-0901-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Kacy Chemical, Inc. in Chambers County; TNRCC ID No. 85917; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, Chapter 26 of the Texas Waste Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue Agreed Order, RH/JB. All Agree
Item 24. Docket No. 1999-1499-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Copeland Corporation in Hidalgo County; 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. (Fara O'Neal, David Van Soest)
Issue Agreed Order, RH/JB. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 1999-0812-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E.I. DuPont de Nemours & Company in Harris County; NPDES Permit No. TX0007293 and Water Quality Permit No. 00474; 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
Item 26. Docket No. 1999-1493-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oxid L.P. in Harris County; Water Quality Permit No. 02102; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Pamela Campbell)
Issue Agreed Order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 27. Docket No. 1999-1460-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Airport Sand and Gravel, Inc. in Denton County; TNRCC ID No. None; for municipal solid 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. (Ali Abazari)
Issue Default Order, JB/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 1998-1384-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Angelina & Neches River Authority in Jasper County; TNRCC ID No. 13801-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code, Chapter 341 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Agreed Order, JB/RM. All Agree
Item 29. Docket No. 1999-0790-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Hidalgo County Municipal Utility District No. 1 in Hidalgo County; Water Quality Permit No. 12854-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Fara O'Neal, Pam Campbell)
Issue Agreed Order, JB/RM. All Agree
Item 30. Docket No. 2000-0023-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Little Elm in Denton County; NPDES Permit No. TX0053783, Water Quality Permit No. 11600-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Mead)
Issue Agreed Order, JB/RM. All Agree
Item 31. Docket No. 2000-0281-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Evadale Independent School District in Jasper County; TPDES Permit No. 13933-001; 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, JB/RM. All Agree
Item 32. Docket No. 2000-0292-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chet Andrews dba Oak Hill Mobile Home Park in Parker County; No. TNRCC Permit; 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, JB/RM. All Agree
Item 33. Docket No. 1999-1437-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Criminal Justice in Walker County; Water Quality Permit No. 10659-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine M. Albrecht, Elvia Maske)
Issue Agreed Order, JB/RM. All Agree
ON-SITE SEWAGE INSTALLER ENFORCEMENT DEFAULT ORDER
Item 34. Docket No. 2000-0028-OSI-E. Consideration of a Default Order assessing administrative penalties against Derek T. Williams in Orange County; TNRCC ID No. 4948; 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. (David Speaker)
Issue Default Order, RM/RH. All Agree
ON-SITE SEWAGE INSTALLER ENFORCEMENT AGREED ORDER
Item 35. Docket No. 1999-1441-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Oscar Graham dba South Texas Wastewater Treatment in Kendall County; TNRCC ID No. OS283; 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. (David Speaker)
Issue Agreed Order, RM/JB. All Agree
PETROLEUM STORAGE TANK DEFAULT ORDERS
Item 36. Docket No. 1999-1198-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Kuykendall Oil Co., Inc. in McCullock County; TNRCC ID No. 9828; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Default Order, RM/RH. All Agree
Item 37. Docket No. 1999-1125-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Addison Enterprise, Inc. in Harris County; TNRCC ID Nos. 0050396 and 0032940; 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. (William Puplampu)
Issue Default Order, RM/RH. All Agree
PETROLEUM STORAGE TANK AGREED ORDERS
Item 38. Docket No. 1998-0915-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Willis Reed in Nacogdoches County; TNRCC ID No. 3548; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, JB/RH. All Agree
Item 39. Docket No. 1999-0058-PST-E. Consideration of an Agreed Order assessing administrative penalties against G.B.'s Self Serve, Inc. in Kaufman County; TNRCC ID No. 27370; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (William Puplampu)
Issue Agreed Order, JB/RH. All Agree
Item 40. Docket No. 2000-0126-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aztech Rentals of San Antonio, Inc. in Bexar County; PST Facility ID No. 34504; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, David Van Soest)
Issue Agreed Order, JB/RH. All Agree
Item 41. Docket No. 1999-0454-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Omar Elhamad dba Dallas Food Store in Tarrant County; PST Facility ID No. 0018556; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382 ("the Act") and Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven W. Lopez)
Issue Agreed Order, JB/RH. All Agree
Item 42. Docket No. 1999-1575-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Nadir Ali dba Get N Go #1 and Get N Go #4 in De Witt County; PST Facility ID No. 35540 and 28367; 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, David Van Soest)
Issue Agreed Order, JB/RH. All Agree
Item 43. Docket No. 1999-1359-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rahimi, Inc. dba Tick Tock in Brazoria County; PST Facility ID No. 0027205; 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. (Trina K. Lewison, David Van Soest)
Issue Agreed Order, JB/RH. All Agree
Item 44. Docket No. 2000-0068-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Liaqat Hussain dba Huffman Gas and Grocery in Harris County; PST Facility ID No. 48837; 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. (Bill Davis)
Issue Agreed Order, JB/RH. All Agree
RESOLUTION
Item 45. Docket No. 2000-0605-MSW. Consideration of nomination and appointment of three individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council.
Approve Staff Recommendation, RH/JB. All Agree
REQUEST FOR EXEMPTION
Item 46. Docket No. 2000-0836-AIR. Consideration of a request by Newpark Shipyard Pasadena, Inc. (Newpark) for an exemption from the property line particulate matter standards in 30 TAC 111.155. Newpark operates a shipbuilding and repair facility in Pasadena Texas, and has applied for an air quality permit to conduct outdoor abrasive blasting of ships and barges. An air quality permit cannot issue, however, unless and until Newpark is able to demonstrate that (1) it can meet the property line standard in 111.155, or (2) it qualifies for an exemption under 101.11(e). Newpark submits that it is unable to meet the property line concentration standards in 111.155 due to a lack of technological knowledge, and therefore requests an exemption from those standards pursuant to 30 TAC 101.11(e).
Continued to September 7, 2000
AFFIRM, MODIFY OR SET ASIDE EMERGENCY ORDERS
Item 47. Docket No. 2000-0757-AIR. Hearing regarding consideration to affirm, modify or set aside the Executive Director's Emergency Order issued to Celanese Ltd., Pasadena, Harris County, Texas on July 19, 2000 authorizing the construction and operation of a helium storage trailer and associated piping from the trailer to the Cold Box, operation of the Cold Box and the emission of fugitive helium emissions associated with the piping and helium emissions from the Cold Box at the company's plant, located at 9502 Bayport Blvd., Pasadena, Harris County, Texas. (Janis Hudson, Richard Hughes).
Affirm Order with changes, RH/RM. All Agree
Item 48. Docket No. 1999-1090-IWD. Consideration of an Order to Affirm, Modify, or Set Aside an Emergency Order. The Emergency Order was granted by the Executive Director, without a hearing, on July 10, 2000. The Emergency Order was granted under Sections 5.501 and 5.509, Texas Water Code, and 30 Texas Administrative Code Sections 35.301- 35.303. The Emergency Order authorized the United States Department of Navy, Permit No. 02335 (TX0034321), to discharge variable amounts of contaminated groundwater to onsite evaporation, holding, and infiltration ponds. The plant is located in Coryell and McLennan Counties, Texas. (Kathy Brown, Chris Linendoll)
Affirm Order, RM/RH. All Agree
RULES
Item 49. Docket No. 2000-0187-RUL. Consideration for adoption of amendments to the following sections of 30 TAC Chapter 305, Consolidated Permits, Subchapter M - Waste Treatment Inspection Fee Program, Section 305.502 - Definitions and Abbreviations and Section 305.503 - Fee Assessment.
If adopted, the amendments would implement certain provisions of Senate Bill 873, 76th Legislature, 1999 to limit waste treatment inspection fees charged to aquaculture production facilities to no more than $5,000 annually. The proposal was published in the April 7, 2000 issue of the Texas Register (25 TexReg 2969). (Yvonna Pierce) (Rule Log No. 1999-036-305-WT)
Approve adoption, RM/JB. All Agree
Item 50. Docket No. 2000-0169-RUL. Consideration for adoption of the 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 adoption implements House Bill 1283, 76th Legislature, 1999, which amended Texas Water Code, Section 26.040; and clarifies the requirements and procedures for issuing a general permit and obtaining authorization for discharge under a general permit. The proposed rules were published in the June 2, 2000 issue of the Texas Register (25 TexReg 5139)(Robert Martinez/Ray Austin/Steve Ligon) (Rule Log No. 1999-034-205-WT)
Approve adoption, RH/JB. All Agree
Item 51. Docket No. 2000-0293-RUL. Consideration for the adoption of amendments to sections and repeal of a section of 30 TAC Chapter 293, Water Districts, as follows:
adoption of section 293.11, Information Required To Accompany Applications for Creation of Districts;
adoption of section 293.12, Creation Notice Actions and Requirements;
adoption of section 293.32, Qualifications of Directors;
adoption of section 293.33, Commission Appointment of Directors;
adoption of section 293.42, Submitting of Documents;
adoption of section 293.44, Special Considerations;
adoption of section 293.46, Construction Prior to Commission Approval;
adoption of section 293.47, Thirty Percent of District Construction Costs To Be Paid by Developer;
adoption of section 293.48, Street and Water, Wastewater and Drainage Utility (Street and Utility) Construction by Developer;
adoption of section 293.51, Land and Easement Acquisition;
adoption of section 293.54, Bond Anticipation Notes (BAN);
adoption of section 293.59, Economic Feasibility of Project;
adoption of section 293.88, Petition for Authorization To Proceed in Federal Bankruptcy;
repeal of section 293.96, Miscellaneous Reports to be Submitted to the Executive Director
adoption of section 293.97, Adoption of Fiscal Year and Operating Budget;
adoption of section 293.131, Authorization for Dissolution of Water District by the Commission;
adoption of section 293.143, Application Requirements for Standby Fees to be Used to Supplement the Operation and Maintenance Fund
The rule adoption and repeal establishes new requirements relating to the administration of water districts and the commission's supervision over their actions under Chapters 49, 51, 53, and 65 of the Texas Water Code (TWC), as amended by House Bill (HB) 846 and HB 1069, 76th Legislature (1999). (Angela Stepherson, Michelle Lingo, Rob Cummins) (Rule Log No. 1999-044-293-WT)
Approve adoption, RH/JB. All Agree
Item 52. Docket No. 2000-0232-RUL. Consideration for adoption of the rules review of 30 TAC Chapter 297, Water Rights Substantive and readoption of Chapter 297 with amendments to 297.21, Domestic and Livestock Use; 297.41, General Approval Criteria; and adoption of amendments to 30 TAC Chapter 304, Watermaster Operations, 304.21, Allocation of Available Waters. The amendments incorporate changes made to the Texas Water Code by Senate Bill 658 and House Bill 2572, 76th Legislature, 1999, as well as amending language concerning formal Texas Natural Resource Conservation Commission (commission) enforcement of the requirement of reasonable use between domestic and livestock users and exemption of a domestic and livestock claim under certain circumstances. The commission's review of rules contained in 30 TAC Chapter 297, is in accordance with the General Appropriations Act, Article IX, Rider 167, 75th Legislature, 1997. The proposed amendments and notice of intent to review were published in the April 21, 2000 issue of the Texas Register (25 TexReg 3499 and 3565). (Bruce A. Moulton) (No. 1999-078-297-WT)
Approve adoption, JB/RH. All Agree
Item 53. Docket No. 2000-0265-RUL. Consideration for adoption of the following new section in 30 TAC Chapter 305, Consolidated Permits, Section 305.539, Additional Requirements for Shrimp Aquaculture Facilities Within the Coastal Zone.
The rule implements certain provisions of Senate Bill (SB) 873, 76th Legislature, 1999, and requires commercial aquaculture facilities engaged in shrimp production and located within the coastal zone to obtain an individual Texas Pollutant Discharge Elimination System wastewater discharge permit. The proposal was published in the May 5, 2000 issue of the Texas Register (25 TexReg 3917). (Yvonna Pierce) (Rule Log No. 1999-035-305-WT)
Approve adoption, JB/RH. All Agree
Item 54. Docket No. 2000-0451-RUL. Consideration for adoption of amendments, repeals, and new section of:
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; and new sections of Subchapter D, (Sections 336.331, 336.332, 336.335, 336.336, 336.338, and 336.339); Subchapter F, (Section 336.501); and Subchapter G, (Sections 336.602, 336.615, 336.617, 336.619, 336.621, 336.623, 336.625, and 336.627). Repeal of Subchapter C, Additional Application, Operation, and License Requirements; and repeals of sections in Subchapter D, (Sections 336.331-336.340, 336.348, 336.349, 335.351, and 336.361); Subchapter F, (Sections 336.501-336.505, 336.512, 336.514, 336.515, 336.517, 336.519, and 336.521); and Subchapter H, (Section 336.742).
Consideration for adoption of amendments and repeal of:
30 TAC Chapter 39, Public Notice. Amendments to Subchapter A, Applicability and General Provisions and Subchapter M, Public Notice for Radioactive Material Licenses. Repeal of Subchapter F, Public Notice of Radioactive Material License Applications.
Consideration for adoption of amendments to:
30 TAC Chapter 37, Financial Assurance. 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 50, Action on Applications and Other Authorizations. Subchapter C, Action by the Executive Director.
30 TAC Chapter 281, Applications Processing. Subchapter A, Applications Processing.
30 TAC Chapter 305, Consolidated Permits. 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 adopted 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 program and the agency; and to improve readability and understanding by reorganizing Chapter 336, simplifying language, and eliminating redundancies and inconsistencies. The proposal was published in the June 16, 2000, issue of the Texas Register (25 TexReg 5798). (Alice Rogers/Arnoldo Medina/Auburn Mitchell) (Rule Log No. 1999-057-336-WS)
Approve adoption, JB/RH. Marquez Recused
Item 55. Docket No. 1999-1232-RUL. Consideration for adoption of the repeal of 30 TAC Chapter 291, Water Rates, Subchapter H, Utility Submetering, and the adoption of new 30 TAC Chapter 291, Water Rates, Subchapter H, Utility Submetering and Allocation. The adopted new subchapter would implement recent legislative changes and amend the current rules. The most significant legislative changes allow manufactured home rental communities to allocate nonsubmetered master metered utility service costs and to impose a service charge on submetered service. The adoption revises the methods for allocating master metered water and wastewater service by multiple use facilities. The proposal was published in the March 24, 2000 issue of the Texas Register (25 TexReg 2536) (Steve Blackhurst/Lara Nehman) (Rule Log No. 1999-042-291-WT)
1. Accept occupancy rate based on number of bedrooms.
          Eff - 1 BR, 1.6 persons
          2 BR, 2.8 persons
          3 BR, 4.0 persons
          Over 3 1.2 for each additional Bedroom, RM/JB. Huston voted no
2. Modification of staffs proposal, TNRCC prepare s summary with a full copy of rules and that rules are available in landlords office, RH/JB. All Agree
3. If landscaping irrigation, but no other 25% take out, RM/RH. Baker voted no.
4. Miscellaneous take off 5%, RH/RM. Baker voted no.
5. Adopt rules as modified, RH/RM. All Agree

Item 56. Docket No. 2000-0845-RUL. Consideration of petitions for rulemaking filed by Henry, Lowerre, and Frederick, LLP on behalf of Public Citizen's Texas Office, Clean Water Action, Lone Star Sierra Club, Sustainable Energy and Economic Development Coalition, and Texas Campaign for the Environment. The first petition (Rule Log No. 2000-032A-PET-AI) requests that the commission amend rules in 30 TAC Section 101.10, General Air Quality Rules, Emissions Inventory Requirements, to expand the scope of the data collected in the annual air emissions inventory to include levels of carbon dioxide and methane. The second petition (Rule Log. No. 2000-032B-PET-AI) requests that the commission create a new 30 TAC Chapter 121, Control of Greenhouse Gases, that would encourage reductions in greenhouse gases and establish an advisory council to study the cost/benefit of reducing emissions of greenhouse gases to a point 7% below 1990 levels. (David Duncan/Beecher Cameron).
Adopt Commissioners recommendations regarding petitions, RH/JB. All Agree
EXECUTIVE SESSION
Item 57. 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 58. 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
Item 59. 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
(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, August 23, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Bldg E. Room 201S

Item 60. Docket No. 2000-0882-CON. Consideration of approval of a contract between the Texas Natural Resource Conservation Commission and the State Office of Administrative Hearings (SOAH), to provide payment to SOAH for services to be rendered during the Fiscal Year beginning 09/01/2000 and ending 08/31/2001. The Commission may delegate approval authority.
Approve delegation of approval authority, JB/RH. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, August 23, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Bldg E. Room 201S

Item 61. TNRCC Docket No. 2000-0888-RES. Consideration for authorizing the Executive Director to enter and manage all contracts (including grant agreements) and to delegate authority to the staff.
Approve Executive Director recommendations, RH/RM. All Agree


OLD BUSINESS AGENDA

Wednesday, August 23, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Bldg E. Room 201S

Item carried forward from agenda of May 17, 2000 and June 29, 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)
See Item 38. Agreed Order was issued. Dismiss the Administrative Law Judge's Proposal for Decision and Order, RH/JB. All Agree


AGENDA

Wednesday, August 23, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. TNRCC Docket No. 1999-0421-UIC; SOAH Docket No. 582-99-1864. Administrative Law Judge's Certified Question, regarding Pilgrim's Pride Corporations application for permit nos. WDW-352, WDW-353, WDW-354, WDW-355, WDW-356, and WDW-357, in Camp County, Texas. Is an application for a Class I injection well permit to inject non-hazardous, on site generated, non-commercial wastewater incomplete if the application fails to include planned facilities that will be used to process and store the wastewater prior to injection?,
Minor amendment be added to permit application to include the effluent storage lagoon and anything dowstream of that toward the injection facilities be added to this application and be added to the hearing as a minor amendment, RH/RM. All Agree
Item 2. TNRCC Docket No. 1998-1507-IHW-E; SOAH Docket No. 582-99-1126. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Bell Point Refining, L.L.C. for alleged violations of Tex.Water.Code Ann. (Water Code) 26.121, and 30 Tex.Admin.Code (TAC)335.4, 335.6(c), 335.69(a)(2), 335.62 and 335.504. Respondent owns and operates a fuel blending facility at 20121 Needlepoint Road, Baytown, Chambers County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, RM/JB. All Agree
Item 3. TNRCC Docket No. 1998-1409-PST-E; SOAH Docket No. 582-99-3326. Consideration of the Administrative Law Judge's Proposal for Decision and Order against CCM Development, Inc., for alleged violations of Chapter 382 of the Texas Health & Safety Code (TH&SC) and Chapters 115 and 334 of the Commission's regulations found in Title 30 of the Texas Administrative Code (TAC) related to the operations of a car wash facility that sold retail gasoline and included underground storage tanks for gasoline product. Respondent owns and operates a car wash at 525 Dulles Avenue in Stafford, Fort Bend County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, with corrections, RM/JB. All Agree
Item 4. TNRCC Docket No. 1999-0455-MSW; SOAH Docket No. 582-999-0784. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding BFI Waste Systems of North America for Permit No. 1410-C for a permit amendment allowing the expansion of BFI's Tessman Road Landfill in Bexar County, Texas, from approximately 265 acres to approximately 929 acres, and increases the maximum permitted elevation of the Landfill from 756 feet mean sea level (MSL) to 805 feet MSL.
Adopt Administrative Law Judge's Proposal for Decision and Order, accept the Judge's recommendation regarding court and transcript costs, correct Conclusion of Law #46, RH/JB. All Agree