AGENDA

Wednesday, March 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E

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, March 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item carried forward from agenda of February 21, 2001
Item 1. Docket No. 2001-0001-MWD. Consideration of permit application # 13465-001, submitted by WRE UTILITIES, INC. for a permit renewal (proposed TPDES Permit No. 13465-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 25,000 gallons per day. The wastewater treatment facility serves The Willow Ridge Estates Subdivision. The facility is located adjacent to and east of LaSalle Drive, approximately 1/2 mile northwest of the intersection of LaSalle Drive and State Highway 105 in Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Kathy Brown/Julian D. Centeno, Jr.)
Continued to April 4, 2001


MARQUEZ
BAKER
HUSTON - ABSENT
ITEMS 1-27

AGENDA

Wednesday, March 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.
12100 Park 35 Circle
Room 201S, Bldg. E

HEARING REQUESTS
Item 1. Docket No. 2001-0082-AIR. Consideration of application by Pioneer South Central, Inc. for renewal of Air Quality Permit No. 8667 under Tex. Health and Safety Code, 382.056(g) and (o), to authorize the continued operation of its concrete batch plant. The facility is located in Southlake, Tarrant County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. ( R.O.Wheeler/ Snehal R. Patel)
Deny hearing request, grant application for renewal and adopt Executive Director's Response to Comments, JB/RM.
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 2000-0571-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dal-Tile Corporation in Dallas County; Air Account No. DB-0242-V; 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. (Suzanne Walrath, Tim Haase)
Issue agreed order, JB/RM.
Item 3. Docket No. 2000-0554-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ralph Sellers dba Country Cars #3 in Johnson County; Air Account No. JH-0268-J; 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. (De'Shaune Blake, Tim Haase)
Issue agreed order, JB/RM
Item 4. Docket No. 2000-0454-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Expro Engineering, Incorporated in Matagorda County; Air Account No. MH-0150-F; 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. (Suzanne Walrath, Tim Haase)
Issue agreed order, JB/RM
Item 5. Docket No. 1998-1497-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Department of Transportation in El Paso County; TNRCC ID No. EE1695P; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue agreed order, JB/RM
Item 6. Docket No. 2000-0631-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Reynolds Metals Company in San Patricio County; TNRCC Air Account Number SD-0037-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. (Gary L. McDonald, Tim Haase)
Issue agreed order, JB/RM
Item 7. Docket No. 2000-0840-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Kiva Oil Company in El Paso County; Air Account No. EE-0874-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. (Rebecca Cervantes, Tim Haase)
Issue agreed order, JB/RM
Item 8. Docket No. 2000-0860-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Bob Henderson dba Discount Auto in Hunt County; Air Account No. HV-0180-Q; 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. (Melinda Houlihan, Tim Haase)
Issued agreed order, JB/RM
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 9. Docket No. 1998-0352-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Department of Transportation in Williamson County; TNRCC ID No. 12376; for water quality 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, JB/RM
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 10. Docket No. 1998-0748-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Department of Transportation in Smith County; TNRCC ID No. 66761; for industrial and hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue agreed order, RM/JB
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 11. Docket No. 1999-0694-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hidalgo County in Hidalgo County; Municipal Solid Waste Permit No. 1727; for municipal solid waste violations pursuant to the Tex. 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. (Fara O'Neal, Steven Lopez)
Remand to Executive Director, RM/JB.
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 12. Docket No. 1999-1518-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Department of Transportation in El Paso County; TNRCC ID No. EE2161E; for petroleum storage tank violations pursuant to chs. 7 and 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. (Booker Harrison)
Issue agreed order, JB/RM
Item 13. Docket No. 2000-1070-PST-E. Consideration of an Agreed Order assessing administrative penalties against Speedi-Mart Convenience Store, Inc. in Wheeler County; PST Facility Registration No. 0016686; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Steven Lopez)
Issue agreed order, JB/RM
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 2000-1053-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Deep Water Water Association in Washington County; Public Water Supply No. 2390016; 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, Jayme Brown)
Issue agreed order, RM/JB
Item 15. Docket No. 2000-1055-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Houston Poly Bag 1, Limited and Houston Poly Bag 2, Limited dba Houston Poly Bag in Harris County; Public Water Supply No. 1012474; 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, Jayme Brown)
Issue agreed order, RM/JB
Item 16. Docket No. 1999-0520-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Texas Department of Transportation in San Patricio County; TNRCC ID No. 2050046; 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. (Booker Harrison)
Issue agreed order, RM/JB
SLUDGE ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2000-0552-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill Brezina and Terry Tackett dba A-OK Septic Service in Wise County; Sludge Transporter Registration No. 22237; 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. (Bill Davis, Jayme Brown)
Issue agreed order, JB/RM
SUPERFUND
Item 18. Docket No. 2001-0150-SPF. Consideration of an Administrative Order to conduct a Remedial Design and Remedial Action at the Toups State Superfund Site in Sour Lake, Hardin County, Texas. (Carol Lear, Alan Etheredge)
Issue administrative order, JB/RM
RULES
Item 19. Docket No. 2000-1089-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 328, Waste Minimization and Recycling; Section 328.71, Closure Cost Estimate for Financial Assurance.
The adoption would revise a cross-reference in Chapter 328 to correctly identify the location of financial assurance requirements for scrap tire sites as 30 TAC Chapter 37, Waste Minimization and Recycling; Subchapter M, Financial Assurance Requirements for Scrap Tire Sites. The proposed rule was published in the December 1, 2000 issue of the Texas Register (25 TexReg 11887). (Jill Burditt) (Rule Log No. 1999-083-328-WS)
Adopt amendments, RM/JB
Item 20. Docket No. 2000-1231-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 330, Subchapters A-L, concerning Municipal Solid Waste. This review is in accordance with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the December 1, 2000 issue of the Texas Register (25 TexReg 11965). (Hector H. Mendieta) (Rule Log No. 1998-060-330-WS)
Adopt rules review and readopt 30 TAC Chapter 330, JB/RM
Item 21. Docket No. 2000-0968-RUL. Consideration for adoption of the following new and amended sections in 30 TAC Chapter 106, Permits by Rule and 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification:
Amendments
Section 106.4, Requirements for Permitting by Rule
Section 116.111, General Application
Section 116.115, General and Special Conditions
Section 116.610, Applicability
Section 116.615, General Conditions
Section 116.711, Flexible Permit Application
Section 116.715, General and Special Conditions
New
Section 116.176, Use of Mass Cap Allowances for Offsets
The amended sections supplement the cap and trade program adopted for the Houston/Galveston (HGA) ozone nonattainment area (26 TexReg 283) by clarifying that any facility or group of facilities at a site that emits nitrogen oxides (NOx) in the HGA area and that uses permits by rule authorized under 30 TAC Chapter 106 or permits authorized under 30 TAC Chapter 116 must obtain allowances for those emissions if the facility or group of facilities has a collective design capacity of ten tons or more of NOx per year and is subject to an emission standard in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. The new section allows the use of NOx allowances to meet the correlating portion of emissions offset requirements. The amended and new sections in Chapter 116 will be submitted as revisions to the state implementation plan. The proposal was published in the October 20, 2000 issue of the Texas Register (25 TexReg 10445 and 10449) (Matt Baker/Beecher Cameron) (Rule Log No. 2000-047-116-AI)
Adopt new and amended sections of 30 TAC Chapter 106, JR/RM
Item 22. Docket No. 2000-0818-RUL. Consideration for adoption of the following sections of 30 TAC Chapter 50, Action on Applications and Other Authorizations.
Amended Section 50.39, Motion for Reconsideration
Amended Section 50.139, Motion to Overturn Executive Director's Decision
The adoption would clarify when the notification period begins and ends concerning motions for reconsideration and motions to overturn. The proposed rules were published in the September 22, 2000 issue of the Texas Register (25 TexReg 9414). (Debi Dyer) (Rule Log No. 2000-017-050-AD)
Issue adoption of 30 TAC Chapter 50, JB/RM
Item 23. Docket No. 2001-0144-RUL. Consideration for the publication of a notice of intention to review and proposed repeal of 30 TAC Chapter 343, Oil and Hazardous Substances, Section 343.1, Definitions, and Section 343.2, Permit Exemption for Emergency Cleanup Activities. A preliminary review of Chapter 343 indicates that the rules have been incorporated in Chapter 327, Spill Prevention and Control, and updated to conform with current legislation. Accordingly, the repeal of Chapter 343 is appropriate.
The proposed review is in accordance with Texas Government Code, Section 2001.039; and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. (Hector Mendieta) (Rule Log No. 2001-011-343-WS)
Approve publication, RM/JB
EXECUTIVE SESSION
Item 24. 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 25. 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 26. 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, March 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a..m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 27. Docket No. 2001-0111-MWD-H. Consideration of permit application no. 14046-001, submitted by Cacharel Texas Hawaii, Ltd. for a new permit (proposed TNRCC Permit No. 14046-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 7,900 gallons per day via subsurface drainfields with a minimum area of 80,000 square feet. The wastewater treatment facility will serve the Country Oaks Mobile Home Park. The wastewater treatment facilities and disposal area are located approximately 800 feet east-northeast of the intersection of Nine Mile Bridge Road and Nine Mile Azle Road at the north and east side of the Country Oaks Mobile Home Park in Tarrant County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments (Anthony Tatu/Julian D. Centeno, Jr.)
Continued to March 21, 2001


HUSTON
BAKER
MARQUEZ - ABSENT

AGENDA

Wednesday, March 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 1. TNRCC Docket No. 1998-0376-AIR-E; SOAH Docket No. 582-00-0762. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning enforcement actions against Seabrook Seafood, Inc., for alleged violations of the Tex. Health and Safety Code, the Tex. Water Code, and the Commission's rules concerning air quality, water quality, and municipal solid waste disposal at its plant located at 1419 Lawrence Road, Kemah, Galveston County, Texas.
Approve Proposal for Decision and order with changes, RH/JB.