AGENDA

Wednesday, December 6, 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
MARQUEZ
BAKER

AGENDA

Wednesday, December 6, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

12100 Park 35 Circle

Room 201S, Bldg. E

HEARING REQUESTS
Item 1. Docket No. 2000-1145-AIR. Consideration of an application by Shell Oil Company for renewal of Air Quality Permit No. 9334 to authorize continued operation of the Aromatics Concentration Unit at the Deer Park facility. The existing facility is located in Deer Park, Harris County, Texas. (TCAA 382.056(g) & (o) applies to this permit renewal.) The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment and the Executive Director's Response to Comments. (Stephen Anderson/Garrett Arthur)
Deny hearing request, issue permit and adopt Executive Director's Comments, JB/RM. All Agree
Item 2. Docket No. 2000-0986-AIR. Consideration of application by TXI Operations, LP for Permit by Rule Registration No. 12327A for installation of a concrete batch plant. The proposed facility will be located approximately 1/4 mile west of the intersection of US Highway 289 and County Road 53 near Celina, Collin County. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Wesley Smith / Garrett Arthur)
Deny hearing request and approve Executive Director's Comments, JB/RH. All Agree
MODIFY, AFFIRM, OR SET ASIDE AN EMERGENCY ORDER
Item 3. Docket No. 2000-1189-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on October 24, 2000 by the Executive Director of the Texas Natural Resource Conservation Commission ("TNRCC") pursuant to Tex. Water Code Section 5.501(c)(1). The Emergency Order appointed John Fultz as temporary manager of the retail public utility ("Utility") - the certificate of convenience and necessity for the Utility is held by Jim and Charlene Perdue dba Mount Pleasant Water System - pursuant to ch. 13 of the Tex. Water Code and the rules of the TNRCC, to address the abandonment of the Utility by Jim and Charlene Perdue dba Mount Pleasant Water System; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. (Joshua Olszewski)
Affirm Executive Director's Emergency Order, RM/JB. All Agree
PUBLIC WATER SUPPLY DEFAULT ORDER
Item 4. Docket No. 1999-1571-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Thomas Chalkley & Alfred B. Chalkley dba Arrowhead Village in Comal County; TNRCC ID NO. 0460011; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty)
Issue Default Order, RH/JB. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER
Item 5. Docket No. 2000-0399-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Buda in Hays County; Public Water Supply No. 1050012; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
Item 6. Docket No. 2000-0422-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stan and Trudy Gillem dba Country Villa Mobile Home Park in Bee County; Public Water Supply ID No. 0130058; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Terry Thompson)
Remanded to Executive Director
Item 7. Docket No. 2000-0582-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dogwood Estates Water Co. in Henderson County; Public Water Supply No. 1070043; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
Item 8. Docket No. 2000-0458-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Granite Shoals in Burnet County; Public Water Supply No. 0270107; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
Item 9. Docket No. 2000-0207-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Grapevine Lake Estates Water Supply Corporation in Tarrant County; Public Water Supply No. 2200050; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
Item 10. Docket No. 2000-0352-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sam Rayburn Water, Inc. dba Hickory Hollow Water Supply in San Augustine County; Public Water Supply No. 2030005; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
Item 11. Docket No. 2000-0656-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ingram Independent School District in Kerr County; Public Water Supply No. 1330100; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gloria Stanford, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
Item 12. Docket No. 2000-0756-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Inderjeet Singh Mangat and Mansukh Singh Mangat dba Kountry Kwik in Harris County; Public Water Supply No. 1012461; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
Item 13. Docket No. 1999-1552-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mrs. Janice Musgrove and the Estate of Mr. Jimmy Musgrove dba Oaks and Elms Mobile Home Park in Bowie County; Public Water Supply ID No. 0190065; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 14. Docket No. 1999-1509-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Kennard in Houston County; Public Water Supply No. 1130011 and TPDES Permit No. 11474-001 (formerly Water Quality Permit No. 11474-001 and NPDES Permit No. TX0056596); for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Jayme Brown, Terry Thompson)
Issue Agreed Order, RM/JB. All Agree
MULTI-MEDIA ENFORCEMENT DEFAULT ORDER
Item 15. Docket No. 2000-0192-MLM-E. Consideration of a Default Order assessing administrative penalties against Fred F. Bonnett in Uvalde County; TNRCC ID NO. UC-0058-S; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, ch 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty)
Issue Default, RM/JB. All Agree
AIR ENFORCEMENT ORDER OF TERMINATION
Item 16. Docket No. 2000-1313-AIR-E. Consideration of an Order to terminate a September 1, 1992 Agreed Board Order that assessed administrative penalties and required certain actions of Trinity Industries, Inc. in Jefferson County; TNRCC ID No. JE-0016-C; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Approve order to terminate a September 1, 1992 agreed board order, RM/RH. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 1999-0096-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sherman Foundry, a Division of Hamilton Foundry & Machine Co., in Grayson County; TNRCC ID No. GI-0058-D; for air quality violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, Tex. Water Code ch. 26, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Remanded to Executive Director
Item 18. Docket No. 2000-0813-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Copano Company in Refugio County; TNRCC Air Account No. RG-0041-G; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
Item 19. Docket No. 2000-0492-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Empire Truck Lines, Inc. in Harris County; Air Account No. HX-2366-K; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
Item 20. Docket No. 2000-0117-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Goodyear Tire and Rubber Company in Jefferson County; Air Account No. JE-0039-N; for air quality 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, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
Item 21. Docket No. 2000-0671-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rogelio Salazar dba Salazar Custom Paint and Body in Angelina County; TNRCC Air Account No. AC-0142-U; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
Item 22. Docket No. 1999-0044-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Robert Perez dba Quality Auto Sales in Wharton County; Air Account No. WF-0158-P; 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. (Faye Liu, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
Item 23. Docket No. 2000-0752-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quintana Petroleum Corporation in Refugio County; TNRCC Air Account Number RG-0047-R; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
Item 24. Docket No. 2000-0848-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Shell Western E & P in Hidalgo County; Air Account No. HN-0294-O; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
Item 25. Docket No. 2000-0509-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Wencho's Gas and Food Mart, Incorporated in El Paso County; Air Account No. EE-1228-E; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young, Mike Meyer)
Issue Agreed Order, RM/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 26. Docket No. 2000-0519-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Equistar Chemicals, L.P. in Harris County; Solid Waste Registration No. 85436; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 341 and 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Gloria Stanford)
Remanded to Executive Director
INDUSTRIAL WASTE DISCHARGE AGREED ORDERS
Item 27. Docket No. 2000-0350-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Empak, Inc. in Harris County; Water Quality Permit No. 01731-000; 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, Terry Thompson)
Issue Agreed Order, RH/RM. All Agree
Item 28. Docket No. 2000-0212-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Houston in Harris County; No Permit; 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, Terry Thompson)
Issue Agreed Order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 29. Docket No. 1999-0308-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Weslaco in Hidalgo County; TNRCC ID No. 258; for municipal solid waste violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue Agreed Order, RH/RM. All Agree
Item 30. Docket No. 1999-1241-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Quality Recycling of America, Inc. dba Quality Tire Recycling in Bexar County; Tire Generator Registration No. 14964; 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. (Malcolm A. Ferris, Gloria Stanford)
Issue Agreed Order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 31. Docket No. 2000-0251-MWD-E. Consideration of an Agreed Order assessing administrative penalties of Coastal Bend Youth City, Inc. in Nueces County; TNRCC Permit No. 0011689-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Terry Thompson)
Issue Agreed Order, RM/RH. All Agree
Item 32. Docket No. 2000-0606-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Municipal Utility District No. 286 in Harris County; TPDES Permit No. 13020-001; 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, Terry Thompson)
Issue Agreed Order, RM/RH. All Agree
Item 33. Docket No. 2000-0650-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Pilot Point in Denton County; TPDES Permit No. 10361-001 (former NPDES Permit No. TX0022659 and Water Quality Permit No. 10361-001); 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, Terry Thompson)
Issue Agreed Order, RM/RH. All Agree
Item 34. Docket No. 2000-0522-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Wellman in Terry County; Water Quality Permit No. 13642-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Terry Thompson)
Issue Agreed Order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 35. Docket No. 1999-0684-PST-E. Consideration of an Agreed Order assessing administrative penalties against Hibah, Incorporated in Harris County; TNRCC ID No. 66479; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission.
Issue Agreed Order, RM/JB. All Agree
Item 36. Docket No. 1999-1409-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jesse Deanda dba Thornton Soil Recycling Center and U. E. T. C. of Texas, Ltd. dba Thornton Soil Recycling Center in Limestone County; TNRCC ID NO. 81112; for the petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Agreed Order, RM/JB. All Agree
Item 37. Docket No. 2000-0647-PST-E. Consideration of an Agreed Order assessing administrative penalties against ARH Enterprises, Incorporated in Dallas County; PST Facility ID No. 0006209; 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. (Jorge Ibarra, P.E., Gloria Stanford)
Issue Agreed Order, RM/JB. All Agree
Item 38. Docket No. 2000-0468-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Edward Sykora dba Bubba's No. 3 in Tarrant County; PST Facility ID No. 0044847; 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. (Gary Shipp, Gloria Stanford)
Issue Agreed Order, RM/JB. All Agree
Item 39. Docket No. 2000-0449-PST-E. Consideration of an Agreed Order assessing administrative penalties against Shaheen Grocery, Inc. in Galveston County; Petroleum Storage Tank ID No. 0029846; 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. (Kent Heath, Gloria Stanford)
Issue Agreed Order, RM/JB. All Agree
Item 40. Docket No. 2000-0127-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of SAGAR Enterprises, Inc. dba Shop 'N' Get in Brazoria County; PST Facility ID No. 0056925; 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 Lewison, Gloria Stanford)
Issue Agreed Order, RM/JB. All Agree
Item 41. Docket No. 2000-0589-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mohinder Pall dba Texaco Food Mart in Collin County; Petroleum Storage Tank Facility ID No. 0009810; 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. (Michael De La Cruz, Gloria Stanford)
Issue Agreed Order, RM/JB. All Agree
SUPERFUND
Item 42. Docket No. 2000-1224-SPF. Consideration of an Administrative Order (AO) to conduct remedial activities at the Texas American Oil State Superfund Site (TXD 980696934) in Midlothian, Ellis County, Texas. (Garrett Arthur, Subhash C. Pal)
Approve Administrative Order, RH/RM. All Agree
AUTHORIZATION TO CONSTRUCT
Item 43. Docket No. 2000-1220-IWD. Consideration of an Authorization to Construct a Wastewater Treatment Plant under Tex. Water Code, Sections 26.019 and 26.027(c) by the City of Cactus. If granted by the Commission, this would allow the City of Cactus to construct the wastewater treatment plant in Moore County, Texas, before Commission consideration of its application for a wastewater permit. However, it would not authorize operation of the new treatment plant. (Guy Henry & Chris Linendoll)
Approve Authorization to Construct with corrections and approve the wetlands only, RM/RH. All Agree
PETITION FOR RULEMAKING
Item 44. Docket No. 2000-1317-RUL. Consideration of a petition for rulemaking filed by Tom Lake, Cameron, Texas requesting that the commission amend 30 TAC Chapter 20, Rulemaking, Section 20.3, APA Rulemaking.
The proposed amendment would more fully implement the provision of Texas Government Code, Section 2001.004, Requirement to Adopt Rules of Practice and Index Rules, Order, and Decisions, which requires the agency to index and cross-index to statute its rules, final orders, decisions and opinions. (Kathy Ramirez) (Rules Log No. 2000-058-PET-AD)
Approve petition and initiate rulemaking, RH/RM. All Agree
DISTRICT MATTER
Item 45. Docket No. 2000-1152-DIS. Consideration for Approval of fire protection plan and contract providing fire-fighting services for Clear Brook City Municipal Utility District of Harris County.
Approve fire protection plan and contract, JB/RH. All Agree
EXECUTIVE SESSION
Item 46. 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 47. 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 48. 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
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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, December 6, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12100 Park 35 Circle

Item 49. Docket No. 2000-1202-MWD. Application by AquaSource Development Company for a new Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14143-001 (EPA I.D.# TXP120111) to authorize a discharge of treated wastewater at a volume not to exceed a daily average flow of 450,000 gallons per day. The domestic wastewater treatment facility service the Justin Ranch Subdivision (a residential community with some light commercial centers) and will be located on Farm-to-Market Road 407, approximately 2 miles west of Justin in Denton County, Texas. The permit would allow discharge from the plant site via pipeline to Trail Creek and thence to Denton Creek The Commission will consider a hearing request submitted by the City of Fort Worth. (Oren Connaway)
Continued to January 10, 2001


AGENDA

Wednesday, December 6, 2000

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.

12100 Park 35 Circle

Room 201S, Bldg. E

Item 1. Docket No. 2000-0734-RUL. Consideration for withdrawal of the following proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-Road Engines; Division 7, Houston/Galveston Airport Ground Support Equipment.
Section 114.460 - Definitions
Section 114.462 - Control Requirements
Section 114.466 - Reporting and Recordkeeping Requirements
Section 114.469 - Affected Counties and Compliance Schedules
The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8222). (Alan Henderson/Roland Castaneda) (Rule Log No. 2000-011E-114-AI).
No Action Required item withdrawn
Item 2. Docket No. 2000-0770-RUL. Consideration for withdrawal of the following proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter H, Low Emission Fuels; Division 3, Low Sulfur Gasoline.
Section 114.322 - Control Requirements for Sulfur
Section 114.325 - Approved Sulfur Test Methods
Section 114.326 - Testing and Recordkeeping Requirements
Section 114.327 - Exemptions
Section 114.329 - Affected Counties and Compliance Dates
The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8188). (Alan Henderson/Morris Brown) (Rule Log No. 2000-011F-114-AI).
No Action Required item withdrawn
Item 3. Docket No. 2000-0750-RUL. Consideration for withdrawal of the following proposed new sections in new 30 TAC Chapter 110, Reduction of Air Pollution from Ozone.
Section 110.10 - Definitions
Section 110.12 - Performance Standards
Section 110.14 - Technology Registration
Section 110.15 - Testing Requirements
Section 110.16 - Labeling Requirements
Section 110.17 - Exemptions
Section 110.19 - Affected Counties and Compliance Schedules
The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8164). (Alan Henderson/Rex Shaddox) (Rule Log No. 2000-011J-110-AI).
No Action Required item withdrawn
Item 4. Docket No. 2000-0768-RUL. Consideration for withdrawal of the following proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter H, Low Emission Fuels; new Division 4, Diesel Emulsion Fuel.
Section 114.330 - Definitions
Section 114.331 - Applicability
Section 114.332 - Diesel Emulsion Standards
Section 114.336 - Recordkeeping and Labeling
Section 114.338 - Registration
Section 114.339 - Affected Counties and Compliance Dates
The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8196). (Alan Henderson/Bruce Uphaus) (Rule Log No. 2000-011K-114-AI).
No Action Required item withdrawn
Item 5. Docket No. 2000-0769-RUL. Consideration for withdrawal of the following proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-road Engines; new Division 5, Nitrogen Oxides Reduction Systems.
Section 114.440 - Definitions
Section 114.441 - Applicability
Section 114.442 - Control Requirements
Section 114.445 - Emission Reduction Credits
Section 114.446 - Recordkeeping and Labeling
Section 114.448 - Registration
Section 114.449 - Affected Counties and Compliance Dates
The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8209). (Alan Henderson/Bruce Uphaus) (Rule Log No. 2000-011M-114-AI).
No Action Required item withdrawn
Item 6. Docket No. 2000-0773-SIP. Consideration for adoption of revisions to the State Implementation Plan (SIP) concerning the attainment demonstration for the Houston/Galveston ozone nonattainment area. This SIP revision contains control strategies, results of photochemical modeling, technical documentation in support of the attainment demonstration, enforceable commitments to adopt strategies to fill the shortfall in emission reductions necessary to demonstrate attainment, and a commitment and plan for completing a mid-course review in 2004. This SIP revision also contains Rate-of-Progress plans for the milestone years 2002, 2005, and 2007. (Bill Jordan) (Rule Log No. 2000-011-SIP-AI)
Item 6 - 16. Recommend adoption with changes as recommended by staff and commissioners, RM/RH. All Agree
Item 7. Docket No. 2000-0638-RUL. Consideration for adoption of amendments to the following sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter C, Vehicle Inspection and Maintenance, and corresponding revisions to the state implementation plan.
Section 114.50 - Vehicle Emissions Inspection Requirements
Section 114.51 - Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers
Section 114.52 - Waivers and Extensions for Inspection Requirements
Section 114.53 - Inspection and Maintenance Fees
The amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The rules modify the motor vehicle inspection and maintenance (I/M) control strategy to include on-board diagnostics checks and acceleration simulation mode test equipment and extend the program to all eight counties in the HGA ozone nonattainment area. The rules are necessary to reduce emissions of oxides of nitrogen sufficiently for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The amendments also incorporate program changes which will apply in all I/M program areas. The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8180). (Alan Henderson/Bob Wierzowiecki) (Rule Log No. 2000-011A-114-AI).
Adopt
Item 8. Docket No. 2000-0662-RUL. Consideration for adoption of the following new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, Division 9, Houston/Galveston Construction Equipment Operating Restrictions, and corresponding revisions to the state implementation plan.
Section 114.482 - Control Requirements
Section 114.486 - Recordkeeping Requirements
Section 114.487 - Exemptions
Section 114.489 - Affected Counties and Compliance Dates
The new sections in Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The rules establish a limitation on the morning hour use of heavy-duty, non-road diesel construction and industrial equipment as an air pollution control strategy in the eight-county HGA ozone nonattainment area to delay emissions of oxides of nitrogen until later in the day, thus limiting ozone production. The rules are necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8240) (Alan Henderson/Gayla McCarty). (Rule Log No. 2000-011B-114-AI).
Adopt
Item 9. Docket No. 2000-0694-RUL. Consideration for adoption of the following new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-road Engines; Division 8, Houston/Galveston Heavy Equipment Fleets - Compression-Ignition Engines; and corresponding revisions to the state implementation plan.
Section 114.470 - Definitions
Section 114.472 - Control Requirements
Section 114.476 - Reporting and Recordkeeping Requirements
Section 114.477 - Exemptions
Section 114.479 - Affected Counties
The new sections in Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. Affected persons who own or operate non-road equipment powered by compression-ignition engines 50 horsepower and larger shall ensure their fleet will consist of federal Tier 2 and Tier 3 non-road equipment by the end of calendar year 2007. The rules are necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8230). (Alan Henderson/Ken Gathright) (Rule Log No. 2000-011C-114-AI).
Adopt
Item 10. Docket No. 2000-0718-RUL. Consideration for adoption of amendments to the following sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter A, Definitions; Subchapter H, Low Emission Fuels, Division 2, Low Emission Diesel; and corresponding revisions to the state implementation plan.
Section 114.6 - Low Emission Fuel Definitions
Section 114.312 - Low Emission Diesel Standards
Section 114.313 - Designated Alternate Limits
Section 114.314 - Registration of Diesel Producers and Importers
Section 114.315 - Approved Test Methods
Section 114.316 - Monitoring, Recordkeeping, and Reporting Requirements
Section 114.317 - Exemptions to Low Emission Diesel Requirements
Section 114.319 - Affected Counties and Compliance Dates
The amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The amended rules establish a low emission diesel fuel control strategy for on-road fuel statewide and for non-road fuel in the four-county Dallas/Fort Worth nonattainment area, the eight-county HGA nonattainment area, the three-county Beaumont/Port Arthur nonattainment area, and the 95-county central and eastern Texas region to be able to demonstrate and maintain attainment with the ozone national ambient air quality standard. The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8169). (Alan Henderson/Morris Brown) (Rule Log No. 2000-011D-114-AI).
Item 11. Docket No. 2000-0771-RUL. Consideration for adoption of the following amended sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, Division 3, Non-Road Large Spark-Ignition Engines, and corresponding revisions to the state implementation plan.
Section 114.421 - Emission Specifications
Section 114.429 - Affected Counties and Compliance Schedules
The amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. This expansion of the existing non-road large spark-ignition (LSI) engine rules to the eight-county HGA nonattainment area will contribute to the attainment of the one-hour ozone standard in the HGA area. The extension of these rules statewide should also contribute to maintenance of the ozone standard in all other areas of the state. The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8203) (Alan Henderson/Roland Castaneda) (Rule Log No. 2000-011G-114-AI).
Item 12. Docket No. 2000-0717-RUL. Consideration for adoption of the following new and amended sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, and corresponding revisions to the State Implementation Plan.
New -
Section 117.114 - Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration
Section 117.210 - System Cap
Section 117.214 - Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration
Section 117.471 - Applicability
Section 117.473 - Exemptions
Section 117.475 - Emission Specifications
Section 117.478 - Operating Requirements
Section 117.479 - Monitoring, Recordkeeping, and Reporting Requirements
Section 117.534 - Compliance Schedule for Boilers, Process Heaters, and Stationary Engines at Minor Sources
Amended -
Section 117.10 - Definitions
Section 117.101 - Applicability
Section 117.103 - Exemptions
Section 117.105 - Emission Specifications for Reasonably Available Control Technology (RACT)
Section 117.106 - Emission Specifications for Attainment Demonstrations
Section 117.108 - System Cap
Section 117.111 - Initial Demonstration of Compliance
Section 117.113 - Continuous Demonstration of Compliance
Section 117.116 - Final Control Plan Procedures for Attainment Demonstration Emission Specifications
Section 117.119 - Notification, Recordkeeping, and Reporting Requirements
Section 117.121 - Alternative Case Specific Specifications
Section 117.138 - System Cap
Section 117.201 - Applicability
Section 117.203 - Exemptions
Section 117.205 - Emission Specifications for Reasonably Available Control Technology (RACT)
Section 117.206 - Emission Specifications for Attainment Demonstrations
Section 117.207 - Alternative Plant-wide Emission Specifications
Section 117.208 - Operating Requirements
Section 117.211 - Initial Demonstration of Compliance
Section 117.213 - Continuous Demonstration of Compliance
Section 117.216 - Final Control Plan Procedures for Attainment Demonstration Emission Specifications
Section 117.219 - Notification, Recordkeeping, and Reporting Requirements
Section 117.221 - Alternative Case Specific Specifications
Section 117.510 - Compliance Schedule for Utility Electric Generation in Ozone Nonattainment Areas
Section 117.520 - Compliance Schedule for Industrial, Commercial, and Institutional, and Industrial Combustion Sources in Ozone Nonattainment Areas
If adopted, these amendments would require a wide variety of stationary sources of nitrogen oxides (NOx) emissions in the Houston/Galveston (HGA) ozone nonattainment area to meet new emission specifications and other requirements in order to reduce NOx emissions and ozone air pollution. The affected equipment types and processes include electric utility boilers and gas turbines; industrial, commercial, and institutional (ICI) boilers and gas turbines; duct burners used in turbine exhaust ducts; process heaters and furnaces; stationary internal combustion engines; fluid catalytic cracking units (including catalyst regenerators and associated carbon monoxide (CO) boilers and furnaces); pulping liquor recovery furnaces; lime kilns; lightweight aggregate kilns; metallurgical heat treating furnaces and reheat furnaces; magnesium chloride fluidized bed dryers; incinerators; enclosed control devices that combust or oxidize gases or vapors; and hazardous waste-fired boilers and industrial furnaces (BIFs) at major sources in HGA; and stationary internal combustion engines, boilers, and process heaters at minor sources in HGA. In addition, the amendments would reorganize and modify existing portions of the Chapter 117 rules which apply in the Beaumont/Port Arthur, Dallas/Fort Worth, and HGA ozone nonattainment areas in order to improve implementation of the existing Chapter 117. The proposed amendments were published in the August 25, 2000, issue of the Texas Register (25 TexReg 8275). (Randy Hamilton/Eddie Mack) (Rule Log No. 2000-011H-117-AI)
Item 13. Docket No. 2000-0640-RUL. Consideration for adoption of the following new and amended sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the State Implementation Plan:
amended Section 115.10 Definitions
new Section 115.120 Vent Gas Definitions
amended Section 115.122 Control Requirements
amended Section 115.125 Testing Requirements
amended Section 115.126 Monitoring and Recordkeeping Requirements
amended Section 115.127 Exemptions
amended Section 115.129 Counties and Compliance Schedules
amended Section 115.161 Applicability
amended Section 115.162 Control Requirements
amended Section 115.164 Determination of Emissions and Flow Rates
amended Section 115.165 Approved Test Methods and Testing Requirements
amended Section 115.166 Recordkeeping Requirements
amended Section 115.167 Exemptions
amended Section 115.169 Counties and Compliance Schedules
amended Section 115.211 Emission Specifications
amended Section 115.212 Control Requirements
amended Section 115.216 Monitoring and Recordkeeping Requirements
new Section 115.240 Stage II Vapor Recovery Definitions
new Section 115.430 Flexographic and Rotogravure Printing Definitions
amended Section 115.449 Counties and Compliance Schedules
If adopted, these amendments would ensure the implementation of reasonably available control technology for major volatile organic compound sources (batch processes, bakeries, and offset lithographic printers) in the Houston/Galveston ozone nonattainment area. In addition, the amendments would reorganize and modify existing portions of the Chapter 115 rules which apply in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston ozone nonattainment areas and in Aransas, Bexar, Calhoun, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties in order to improve implementation of the existing Chapter 115. The proposed amendments were published in the August 25, 2000, issue of the Texas Register (25 TexReg 8253). (Eddie Mack) (Rule Log No. 2000-011i-115-AI)
Item 14. Docket No. 2000-0746-RUL. Consideration for adoption of the following new sections in Chapter 114, Control of Air Pollution from Motor Vehicles; new Subchapter J, Operational Controls for Motor Vehicles; new Division 1, Motor Vehicle Idling Limitations; and corresponding revisions to the state implementation plan.
Section 114.500 - Definitions
Section 114.502 - Control Requirements for Motor Vehicle Idling
Section 114.507 - Exemptions
Section 114.509 - Affected Counties and Compliance Dates
The new sections in Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The rules establish a heavy-duty motor vehicle idle limit control strategy to reduce nitrogen oxide emissions, and are necessary for the counties included in the HGA ozone nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8247) (Alan Henderson/Scott Carpenter) (Rule Log No. 2000-011N-114-AI).
Item 15. Docket No. 2000-0772-RUL. Consideration for adoption of the following new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-road Engines; new Division 6, Lawn Service Equipment Operating Restrictions; and corresponding revisions to the state implementation plan.
Section 114.452 - Control Requirements
Section 114.459 - Affected Counties and Compliance Dates
The amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The rules establish a limitation on the morning hour use of lawn service equipment as an air pollution control strategy in the HGA area to delay emissions of oxides of nitrogen until later in the day, thus limiting ozone production. The rules are necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposal was published in the August 25, 2000 issue of the Texas Register (25 TexReg 8216) (Alan Henderson/Roland Castaneda) (Rule Log No. 2000-011O-114-AI).
Item 16. Docket No. 2000-0748-RUL. Consideration for adoption of the new sections to 30 TAC Chapter 101, General Air Quality Rules, Section 101.300, Definitions; Section 101.301, Purpose; Section 101.302, General Provisions; Section 101.303, Protocols; Section 101.304, Program Audits; Section 101.350, Definitions; Section 101.351, Applicability; Section 101.352, General Provisions; Section 101.353, Allocation of Allowances; Section 101.354, Allowance Deductions; Section 101.356, Allowance Banking and Trading; Section 101.358, Emission Monitoring and Compliance Demonstration; Section 101.359, Reporting; Section 101.360, Level of Activity Certification; Section 101.370, Definitions; Section 101.371, Purpose; Section 101.372, General Provisions; Section 101.373, Protocols; and Section 101.374, Program Audits.
Consideration for adoption of the repeal of Section 101.29, Emission Credit Banking and Trading.
Consideration for adoption of the amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; Section 115.950, Emissions Trading; and to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compound, Section 117.570, Trading.
The repeal, amendments, and new sections will modify and consolidate the emission banking and trading rules for the state and implement an emission cap and trade program for nitrogen oxides in the Houston/Galveston ozone nonattainment area. The repeal, amendments, and new sections will be submitted to the United States Environmental Protection Agency as revisions to the state implementation plan. The proposed repeal, amendments, and new sections were published in the August 25, 2000 issue of the Texas Register (25 TexReg 8137, 8272, 8318). (Matt Baker/Beecher Cameron) (Rule Log No. 1998-089-101-AI).
Adopt rules 6 - 16 with changes to rules as recommended by staff and commissioners, RM/RH. All Agree