AGENDA

Wednesday, August 22, 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


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, August 22, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2001-0760-AIR. Consideration of the application by Johns Manville International for issuance of new air quality permit no. 46253 to authorize the construction of a rigid polyisocyanurate insulation foam panel manufacturing facility. The proposed facility is located in Sulfur Springs, Hopkins 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. (Donna Cosper/Parker Wilson)
Grant hearing requests and remand to the State Office Administrative Hearings and Administrative Law Judge is to consider only those issues recommended by the commissioners and has instructed the hearing to be expedited and duration of the hearing to be 3 months from prelimiary hearing to Proposal for Decision issuance, RM/RH. All Agree
Item 2. Docket No. 2001-0583-WR. Consideration of the application of the Lower Colorado River Authority (LCRA) for an amendment to Certificate of Adjudication No. 14-5343D to add two diversion points approximately 54 miles upstream of the authorized diversion point for the combined diversion and use for irrigation, municipal and industrial purposes not to exceed 133,000 acre feet water per annum. One diversion point, proposed on the perimeter of the LCRA's Cedar Creek Reservoir, will correspond with the diversion point authorized by Certificate of Adjudication No. 14-5474. The other proposed diversion point will be on the north or left bank of the Colorado River in Fayette County at Latitude 29.8683N, Longitude 96.7754W. The Commission will consider the hearing request and issuance of the amended Certificate. (Ted Ground/Robin Smith)
Grant hearing request and allow 4 to 6 week Alternative Dispute Resolution if mediation fails forward to State Office Administrative Hearings, JB/RH. All Agree
GENERAL PERMIT
Item 3. Docket No. 2001-0911-MWD. Consideration of a new general permit (proposed TPDES Permit No. TXG530000), which authorizes the discharge from on-site treatment system from single family residences located within the San Jacinto River Basin in Harris County Texas, and requires that the property must have been subdivided and developed before January 1, 1979. The permit authorizes the discharge of wastewater with a daily average flow not to exceed 500 gallons per day. (Kathy Brown/Louis C. Herrin, III).
Remanded to Executive Director
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 4. Docket No. 2000-1229-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stoney Point Agricorp, Inc. in Hill County; TPDES Permit No. WQ0003681-000 (expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (James Jackson, Joseph Daley)
Issue agreed order, RM/RH. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2000-1370-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bison Energy Partners, Inc. in Matagorda County; Air Account No. MH-0067-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. (Thomas Greimel, John Mead)
Issue agreed order, RM/JB. All Agree
Item 6. Docket No. 2000-0072-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Firestone Polymers, A Division of Bridgestone/Firestone, Inc., Orange Plant in Orange County; TNRCC ID No. OC-0010-U; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue agreed order, RM/JB. All Agree
Item 7. Docket No. 2001-0206-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Bargo Energy Company in Brazoria County; Air Account No. BL-0771-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. (Rebecca Johnson, John Mead)
Issue agreed order, RM/JB. All Agree
Item 8. Docket No. 2001-0073-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KO Steel Foundry and Machine Company, a Division of TIC United Corp. in Bexar County; Air Account No. BG-0112-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. (Miriam Hall, John Mead)
Issue agreed order, RM/JB. All Agree
Item 9. Docket No. 2000-0842-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Sun Valley Distribution, Inc. in El Paso County; Air Account No. EE-1117-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. (Sheila Smith, John Mead)
Issue agreed order, RM/JB. All Agree
Item 10. Docket No. 2001-0154-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Blackstone Dilworth in Webb County; Air Account No. WE-0284-U; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, John Mead)
Issue agreed order, RM/JB. All Agree
Item 11. Docket No. 2000-1265-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dean-Chem, Inc. in Harris County; Air Account No. HX-2466-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. (Miriam Hall, John Mead)
Issue agreed order, RM/JB. All Agree
Item 12. Docket No. 2000-1164-AIR-E. Consideration of an Agreed Order assessing administrative penalties against McKinney Crushing Company, Incorporated in Kaufman County; Air Account No. 90-0168-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. (Carl Schnitz, John Mead)
Issue agreed order, RM/JB. All Agree
Item 13. Docket No. 2000-1092-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Coleman in Coleman County; Air Account No. CO-0003-M; 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. (George Ortiz, John Mead)
Issue agreed order, RM/JB. All Agree
Item 14. Docket No. 2000-1446-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Lasco Bathware, Inc. in Dallas County; Air Account No. DB-0976-P; 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. (Wendy Cooper, John Mead)
Remanded to Executive Director
AIR ENFORCEMENT DEFAULT ORDERS
Item 15. Docket No. 2000-0877-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Curiel Aggregates & Materials, Inc., in El Paso County; Air Account No. EE-2160-G for air quality violations of ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue default order, RH/JB. All Agree
Item 16. Docket No. 2000-0225-AIR-E. Consideration of a Default Order assessing administrative penalties against Joe Ruiz dba J-B Kustoms in Dallas County; TNRCC ID No. DB-5020-G; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue default order, RH/JB. All Agree
Item 17. Docket No. 2000-1043-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Oscar Mondragon dba Mondragon's Paint and Body in Johnson County; TNRCC ID No. JH-0401-1; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue default order, RH/JB. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 18. Docket No. 2000-0790-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Excel Associates Freight Forwarders, Inc. in Hidalgo County; IHW ID No. F0532; for industrial & hazardous waste 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. (Jaime Garza, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2001-0069-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joshua Creek Ranch, Inc. in Kendall County; TNRCC ID No. F0707; for industrial & hazardous waste 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. (Malcolm A. Ferris, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 20. Docket No. 2001-0103-IHW-E. Consideration of an Agreed Order assessing administrative penalties against BASF Corporation in Brazoria County; TNRCC Solid Waste Registration No. 30024; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Johnson, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT DEFAULT ORDERS
Item 21. Docket No. 2000-1021-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Apollo Technology Corporation in Kendall County; TNRCC ID No. F0569; for industrial and hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Issue default order, RH/RM. All Agree
Item 22. Docket No. 2000-0678-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of H. D. Adams, Paul Moore, and C. O. Cox in Brazoria County; TNRCC ID No. 38027; for industrial and hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Issue default order, RH/RM. All Agree
Item 23. Docket No. 2000-1436-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Equiva Services, L.L.C. in Travis County; TNRCC ID No. 35845; for industrial and hazardous waste violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Victor Simonds)
Remanded to Executive Director
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 24. Docket No. 2000-1106-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aviation Composite Technologies, Inc. in Tarrant County; Solid Waste Registration No. 85636; for air quality and industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding, John Mead)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2000-0704-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ransom Industries, L.P. in Smith County; Air Account No. SK-0041-T, Industrial and Hazardous Waste Registration No. 30140, Water Quality Permit No. 1793, and Public Water Supply ID No. 2120023; for air quality, water quality, industrial & hazardous waste, and drinking water quality violations pursuant to Tex. Health & Safety Code chs. 382, 361, and 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley, John Mead)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 2000-1390-MLM-E. Consideration of an Agreed Order assessing administrative penalties against CX Transportation, A Division of TIC United Corp. in Comal County, Air Account No. CS-0048-P; for air quality and waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz, John Mead)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 27. Docket No. 2001-0718-MSW-E. Consideration of an Agreed Order assessing administrative penalties against The Kirk Company in Hidalgo County; TNRCC ID No. 455150005; for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (James Biggins)
Issue agreed order, JB/RH. All Agree
Item 28. Docket No. 2001-0163-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 Transporter ID No. 26125; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Sandy VanCleave)
Issue agreed order, RM/JB. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 29. Docket No. 1999-1448-MWD-E. Consideration of an Agreed Order assessing administrative penalties against NYTA Enterprises, Inc. dba Pine Place Courts in Harris County; Water Quality Permit No. 12428-001; and NPDES Permit No. TX0087840 for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, chs. 7 and 26 of the Tex. Water Code, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Dwight Martin)
Issue agreed order, RM/RH. All Agree
Item 30. Docket No. 2000-1357-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fernco Development, Ltd., Lenco Development, Ltd., and Norco Development, Ltd. in Harris County; TPDES Permit No. 11051-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Dwight Martin)
Issue agreed order, RM/RH. All Agree
Item 31. Docket No. 2000-1270-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Woodridge Limited Partnership in Harrison County; TPDES Permit No. 13474-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 32. Docket No. 2000-1124-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Montgomery County Municipal Utility District in Montgomery County; TPDES Permit No. 11001-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 33. Docket No. 2001-0177-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Littlefield in Lamb County; Water Quality Permit No. 10207-001; 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, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 34. Docket No. 2001-0292-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Lexington in Lee County; TPDES Permit No. 10016-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 2000-1078-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Crystal City in Zavala County; TPDES Permit No. 10098-001 and EPA ID No. TX0053392; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 36. Docket No. 2000-1172-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Aldine Independent School District in Harris County; TPDES Permit Nos. 12070-001 and 12070-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 37. Docket No. 2001-0013-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Paul H. Krebs dba Roving Meadows Utilities Wastewater Treatment Facility in Harris County; TPDES Permit No. 12691-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 38. Docket No. 2000-1049-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Vancouver Management, Inc. in Harris County; TPDES Permit No. 11051-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Dwight Martin)
Issue agreed order, RM/RH. All Agree
ON SITE SEWAGE DEFAULT ORDERS
Item 39. Docket No. 2000-1291-OSS-E. Consideration of a Default Order revoking the Designated Representative Certification and requiring certain actions of John Henderson in Cherokee County; TNRCC ID No. OS7582; for Occupational Certification (Designated Representative) violations pursuant to ch. 366 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (James Biggins)
Issue default order, JB/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 40. Docket No. 2000-1407-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Berry Contracting, L.P. dba Bay, Ltd. in Nueces County; PST Facility ID No. 32082; 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, Sandy VanCleave)
Issue agreed order, RM/RH. All Agree
Item 41. Docket No. 2000-1031-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Dien Cao Truong dba T Market in Tarrant County; PST Facility ID No. 0025179; 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. (Melinda Houlihan, Sandy VanCleave)
Issue agreed order, RM/RH. All Agree
Item 42. Docket No. 1999-1543-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of McCormick Marketing dba McDs, Downtown 66, and Westside 66 in Scurry County; TNRCC PST ID Nos. 10494, 10491, and 10492; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue agreed order, RM/RH. All Agree
Item 43. Docket No. 1999-1407-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sanin, Inc. in Travis County; PST Facility ID No. 0029667; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming, Sandy VanCleave)
Issue agreed order, RM/RH. All Agree
Item 44. Docket No. 2000-1425-PST-E. Consideration of an Agreed Order assessing administrative penalties against Restructure Petroleum Marketing Services, Inc. dba Luke's Little Market No. 1 in Galveston County; TNRCC ID No. 0027214; for petroleum storage tank violations pursuant to ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue agreed order, RM/RH. All Agree
Item 45. Docket No. 2000-1359-PST-E. Consideration of an Agreed Order assessing administrative penalties against Restructure Petroleum Marketing Services, Inc. dba Rendon Chevron in Tarrant County; TNRCC ID No. 0036562; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 46. Docket No. 2000-0294-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of StarTex Gasoline & Oil Distributors, Inc. in Nueces County; TNRCC PST ID Nos. 23481 & 23483; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue default order, RH/JB. All Agree
Item 47. Docket No. 2000-0469-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Maan Enterprises, Inc. dba Anytime Convenience in Parker County; TNRCC ID No. 46124; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue default order, RH/JB. All Agree
Item 48. Docket No. 1999-1358-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of K F Management Services, Inc. dba Eldridge Shell in Harris County; TNRCC ID No. 0071034; 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. (Gitanjali Yadav)
Issue default order, RH/JB. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 49. Docket No. 2000-1088-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stephens County Rural Water Supply Corporation in Stephens County; Public Water Supply ID No. 2150007; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Joseph Daley)
Issue agreed order, JB/RM. All Agree
Item 50. Docket No. 2001-0057-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gerard Ortiz dba River Oaks Subdivision Water System in Burnet County; Public Water Supply ID No. 0270065; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Joseph Daley)
Issue agreed order, JB/RM. All Agree
Item 51. Docket No. 2001-0084-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Ector in Fannin County; Public Water Supply ID No. 0740007; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Joseph Daley)
Issue agreed order, JB/RM. All Agree
Item 52. Docket No. 2000-1296-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tamina Water Supply Corporation in Montgomery County; Public Water Supply ID No. 1700110; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Joseph Daley)
Issue agreed order, JB/RM. All Agree
Item 53. Docket No. 2000-1399-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lake Livingston Water and Sewer Service Corporation in San Jacinto and Polk Counties; PWS ID Nos. 2040009 and 1870137; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Joseph Daley)
Issue agreed order, JB/RM. All Agree
Item 54. Docket No. 2000-1344-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Elmo Water Supply Corporation in Kaufman County; PWS No. 1290013; 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, Joseph Daley)
Issue agreed order,. JB/RM. All Agree
Item 55. Docket No. 2000-1058-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Topsey Water Supply Corporation in Coryell County; PWS ID No. 0500005; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (James Jackson, Joseph Daley)
Issue agreed order, JB/RM. All Agree
Item 56. Docket No. 2000-0608-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Tajuddin Jiwani dba Quick & Easy No. 2 in Wharton County; TNRCC ID No. 2410044; 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. (Darren Ream)
Issue agreed order, JB/RM. All Agree
Item 57. Docket No. 2000-0179-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Whitehouse in Smith County; PWS No. 2120025, Enforcement ID No. 14571; 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. (Darren Ream)
Issue agreed order, JB/RM. All Agree
Item 58. Docket No. 2000-1281-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Gin Wey Lim dba Lim Apartments in Harris County; TNRCC ID No. 1012438; 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. (Darren Ream)
Issue agreed order, JB/RM. All Agree
Item 59. Docket No. 2000-1488-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Tessye Maurer dba Tamiga Mobile Home Park in Comal County; TNRCC ID No. 0460161; 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. (Darren Ream)
Issue agreed order, JB/RM. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 60. Docket No. 2000-1018-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Resort Water Services, Inc. in Henderson County; Transporter Registration No. 21831 and Beneficial Land Use Site Registration No. 710701 (Expired); for sludge transporter 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. (Pamela Campbell, Joseph Daley)
Issue agreed order, JB/RH. All Agree
WASTEWATER OPERATOR CERTIFICATION AGREED ORDER
Item 61. Docket No. 1999-0909-WOC-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oren Bruce Allen in Johnson County; TNRCC ID No. 449562268; for water quality and waste water operation violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue agreed order, RH/JB. All Agree
WATER RIGHTS ENFORCEMENT AGREED ORDER
Item 62. Docket No. 2000-1403-WR-E. Consideration of an Agreed Order assessing administrative penalties against the City of Grapevine in Tarrant County; Certification of Adjudication No. 08-2362; for water quality violations pursuant to chs. 7 and 11 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue agreed order, RM/RH. All Agree
AFFIRM, MODIFY, OR SET ASIDE EMERGENCY ORDER
Item 63. Docket No. 2001-0899-PWS. Consideration of whether to affirm, modify, or set aside an Emergency Order issued on August 2, 2001 by the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) pursuant to Tex. Water Code 5.501, 13.041 and 13.139. The Emergency Order requires Walter J. Carroll Water Company, Inc. dba Carroll Water Company dba Emerald Forest, in Ellis County; TNRCC ID No. 0700058; to provide continuous and adequate water service by interconnecting the facility to Buena Vista Bethel Special Utility District and to cease using and operating the wells located at the Facility until such time as all necessary remediation is completed on the wells to meet the Commission's applicable construction and water quality standards as found in 30 Tex. Admin. Code chs. 290 and 291. (Lisa Lemanczyk)
Continued to September 12, 2001
WATERMASTER BUDGETS
Item 64. Docket No. 2001-0763-BGT. Consideration of Fiscal Year 2002 costs for Watermaster Operations in the South Texas Water Division. For Commission Action pursuant to Texas Water Code Section 11.329; and TAC Section 12.1; 12.3; 12.5 and 304.61 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2001 and ending August 31, 2002, for appropriators in the South Texas Water Division, which consists of the Nueces, San Antonio, Guadalupe and Lavaca River Basins, as well as the Lavaca-Guadalupe, San Antonio-Nueces and Nueces-Rio Grande Coastal Basins, except that part of the Nueces-Rio Grande Coastal Basin in Hidalgo, Cameron, Willacy and Starr Counties, and approve $459,312 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee with 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the executive director for good cause.
Approve budget as recommended, RH/JB. All Agree
Item 65. Docket No. 2001-0762-BGT. Consideration of Fiscal Year 2002 costs for Watermaster Operations in the Rio Grande Water Division. For Commission action. Pursuant to Tex. Water Code Section 11.329, TAC Section 12.1, 12.3, 12.5, and 304.61 of the Commission Rules, the Executive Director requests that the Commission consider Watermaster costs of administration for the fiscal year beginning September 1, 2001 and ending August 31, 2002, for appropriators in the Rio Grande Water Division, which extends from Fort Quitman, Texas to the mouth of the Rio Grande River, excluding the watersheds of the Pecos and Devils Rivers; and includes that portion of the Nueces-Rio Grande Coastal Basin lying in Hidalgo, Cameron, Willacy and Starr Counties; and approve $550,000.00 as the amount to be assessed, with the assessment per account to consist of a $50.00 base charge plus a use fee and/or a storage fee calculated from the authorized acre-feet, and a penalty of 5.0% of any delinquent fee due shall be imposed on a person who fails to pay the required fee when due and if the person fails to pay the fee within 30 days after the day which the fee is due, an additional 5.0% penalty shall be imposed. Delinquent fees will accrue interest beginning on the 61st day after their due date. The yearly interest rate on all delinquent fees required under this title is the prime rate plus one percent, as published in the Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday. Penalties and/or interest fees may be waived by the Executive Director for good cause.
Approve budget as recommended, RH/JB. All Agree
RULES
Item 66. Docket No. 2001-0811-RUL. Consideration for publication of and hearing on the following proposed amended sections of 30 TAC Chapter 220, Regional Assessments of Water Quality; Chapter 303, Operation of the Rio Grande; and Chapter 304, Watermaster Operations:
Section 220.21 - Water Quality Assessment Fees
Section 303.71 - Costs of Administration
Section 304.61 - Costs of Administration
These proposed amendments would exempt a certain class of small hydroelectric facilities from watermaster fees and water quality assessment fees. (Melissa Estes) (Rule Log No. 2001-048-304-WT)
Approve publication and hearing, JB/RH. All Agree
Item 67. Docket No. 2001-0887-RUL. Consideration for publication of, and hearings on, the following proposed new section of 30 TAC Chapter 70, Enforcement:
Section 70.4 Enforcement Action Using Information Provided by Private Individual
The proposed new section would implement provisions of House Bill 2912, 77th Texas Legislature, Sections 1.24 and 18.10, concerning the initiation of enforcement using information provided by a private individual. (Richard O'Connell/Robert Hernandez/Ray Austin) (Rule Log No. 2001-029-070-AD)
Approve publication and hearing, RH/JB. All Agree
Item 68. Docket No. 2001-0883-RUL. Consideration for publication of and hearing on, the following proposed repealed and new sections of 30 TAC Chapter 90, Regulatory Flexibility:
Repealed:
Section 90.1 - Purpose
Section 90.2 - Applicability and Eligibility
Section 90.12 - Additional Fees; Cost Recovery
Section 90.14 - Commission Action on Application
Section 90.16 - Public Notice, Comment, and Hearing
Section 90.18 - Amendment/Renewal
Section 90.20 - Termination
New:
Section 90.1 - Purpose
Section 90.2 - Definitions
Section 90.3 - Applicability and Eligibility
Section 90.11 - Minimum Standards for Environmental Management Systems
Section 90.12 - Regulatory Incentives
Section 90.13 - Request for Evaluation of an Environmental Management System
Section 90.14 - Evaluation of an Environmental Management System by the Executive Director
Section 90.15 - Requests for Modification of State or Federal Regulatory Requirements
Section 90.16 - Additional Fees; Cost Recovery Regulatory Flexibility Order
Section 90.17 - Commission Action on Application for a Regulatory Flexibility Order
Section 90.18 - Commission Action on Request for Regulatory Incentives through the Use of an Environmental Management System
Section 90.19 - Public Notice, Comment, and Hearing for a Regulatory Flexibility Order
Section 90.20 - Amendment/Renewal of Regulatory Flexibility Order (RFO)
Section 90.21- Amendment/Renewal of Environmental Management System Regulatory Incentives
Section 90.22 - Termination of a Regulatory Flexibility Order
Section 90.23 - Termination of Regulatory Incentives under an Environmental Management System
These proposed revisions to Chapter 90 are in response to House Bill (HB) 2997 and HB 2912, Section 1.12, 77th Legislature, 2001, relating to the implementation of regulatory incentives to encourage the use of environmental management systems by regulated entities. This rule also proposes to change the name of the chapter from Regulatory Flexibility to Regulatory Flexibility and Environmental Management Systems. (Kathy Ramirez) (Rule Log No. 2001-040-090-AD)
Reposted as Item 89
Item 69. Docket No. 2001-0877-RUL. Consideration for publication of proposed new 30 TAC Chapter 9, Training for Commissioners, consisting of the following new sections:
Section 9.1 - Purpose
Section 9.2 - Need for Training
Section 9.3 - Scope of Training
Section 9.4 - Certificate of Completion of Training
Section 9.5 - Reimbursement
This proposed rulemaking would add new Chapter 9 to implement requirements of House Bill (HB) 2912, 77th Texas Legislature. Article I of HB 2912 amended Chapter 5 of the Tex. Water Code by adding Section 5.0535, Required Training Program for Commission Members. This new section prohibits a person who is appointed to and qualifies for office as a member of the commission from voting, deliberating, or being counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this new section. (Debra Barber) (Rule Log No. 2001-067-009-AD)
Approve publication, RH/JB. All Agree
Item 70. Docket No. 2001-0879-RUL. Consideration for approval of an agreement with the TXU Electric Company, and corresponding revisions to the state implementation plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain reductions of local ozone precursor emissions of nitrogen oxides from sources at Martin Lake Power Plant near Tatum, Rusk County; Monticello Power Plant near Mount Pleasant, Titus County; and Stryker Creek Power Plant near Jacksonville, Cherokee County, Texas. (Terry Salem/Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Continued to September 12, 2001
Item 71. Docket No. 2001-0878-RUL. Consideration for approval of an agreement with the Southwestern Electric Power Company, and corresponding revisions to the state implementation plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain reductions of local ozone precursor emissions of nitrogen oxides from sources at Wilkes Power Plant in Avinger, Cass County; Pirkey Power Plant in Hallsville, Harrison County; and Knox Lee Power Plant in Longview, Gregg County, Texas. (Terry Salem/Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Continued to September 12, 2001
Item 72. Docket No. 2001-0880-RUL. Consideration for approval of an agreement with the Eastman Chemical Company, Texas Operations; and corresponding revisions to the state implementation plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain reductions of local ozone precursor emissions of nitrogen oxides from sources at Eastman Chemical Company in Longview, Harrison County, Texas. (Terry Salem/Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Continued to September 12, 2001
Item 73. Docket No. 2001-0666-RUL. Consideration for adoption of the repeal of the following sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-Road Engines; Division 2, Heavy Equipment Fleets - Compression-Ignition Engines; Division 4, Construction Equipment Operating Limitations; Division 8, Houston/Galveston Heavy Equipment Fleets - Compression-Ignition Engines; Division 9, Houston/Galveston Construction Equipment Operating Restrictions; and corresponding revisions to the state implementation plan.
Division 2
Section 114.410 - Definitions
Section 114.412 - Control Requirements
Section 114.416 - Reporting and Recordkeeping Requirements
Section 114.417 - Exemptions
Section 114.419 - Affected Counties
Division 4
Section 114.432 - Control Requirements
Section 114.436 - Recordkeeping Requirements
Section 114.437 - Exemptions
Section 114.439 - Affected Counties and Compliance Dates
Division 8
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
Division 9
Section 114.482 - Control Requirements
Section 114.486 - Recordkeeping Requirements
Section 114.487 - Exemptions
Section 114.489 - Affected Counties and Compliance Dates
These revisions to Chapter 114 repeal the rules regarding heavy diesel equipment fleet composition and the rules regarding diesel construction equipment operating restrictions which were adopted on April 19, 2000 for the Dallas/Fort Worth ozone nonattainment area and on December 6, 2000 for the Houston/Galveston ozone nonattainment area. The anticipated emissions reductions from these repealed rules will be replaced with reductions resulting from voluntary and incentive programs authorized by Senate Bill 5, 77th Legislature, 2001. The proposal was published in the July 20, 2001 issue of the Texas Register (26 TexReg 5350). (Gerry Wolfe/Alan Henderson) (Rule Log No. 2001-025a-114-AI)
Approve adoption of 30 TAC Chapter 114, RM/RH. All Agree
Item 74. Docket No. 2001-0737-RUL. Consideration for adoption of new Division 1, On-Road Diesel Vehicle Purchase or Lease Incentive Program and Division 2, Light-Duty Motor Vehicle Purchase or Lease Incentive Program in new Subchapter K, Mobile Source Incentive Programs of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles. These amendments to Chapter 114 establish motor vehicle incentive programs authorized by Senate Bill 5, 77th Legislature, 2001. The proposal was published in the July 20, 2001 issue of the Texas Register (26 TexReg 5355). (Morris Brown/Alan Henderson) (Rule Log No. 2001-025c-114-AI)
Approve adoption of 30 TAC Chapter 114, RH/RM. All Agree
Item 75. Docket No. 2001-0736-RUL. Consideration for adoption of new Division 3, Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles in new Subchapter K, Mobile Source Incentive Programs of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles. These amendments to Chapter 114 establish a motor vehicle and non-road equipment incentive program authorized by Senate Bill 5, 77th Legislature, 2001. The proposal was published in the July 20, 2001 issue of the Texas Register (26 TexReg 5362). (Gerry Wolfe/Alan Henderson) (Rule Log No. 2001-025b-114-AI)
Approve adoption of 30 TAC Chapter 114, RH/RM. All Agree
Item 76. Docket No. 2001-0738-RUL. Consideration for adoption of revisions to the Dallas/Fort Worth Attainment Demonstration State Implementation Plan (SIP) to reflect the repeal of the rules regarding heavy diesel equipment fleet composition and the rules regarding diesel construction equipment operating restrictions as part of the implementation of Senate Bill 5, 77th Legislature, 2001. (Heather Evans/Alan Henderson) (Rule Log No. 2001-025-SIP-AI)
Approve adoption, RM/RH. All Agree
Item 77. Docket No. 2001-0735-RUL. Consideration for adoption of amendments to Section 101.27, Emissions Fees, of 30 TAC Chapter 101, General Air Quality Rules; Subchapter A, General Rules; and corresponding revisions to the state implementation plan.
These amendments to Chapter 101 remove the exemption from emissions fees for upset and maintenance emissions. These amendments are required by Senate Bill 1, Article VI, Rider 30, 77th Legislature, 2001. The proposal was published in the July 20, 2001 issue of the Texas Register (26 TexReg 5347). (Paul Henry/Alan Henderson) (Rule Log No. 2001-030-101-AI)
Approve adoption, RM/RH. All Agree
Item 78. Docket No. 2001-0881-RUL. Consideration for publication of, and hearing on, proposed revisions to the ozone state implementation plan (SIP) concerning Gregg, Harrison, Rusk, Smith, and Upshur Counties in the Northeast Texas area. This proposed SIP revision contains an emissions summary, photochemical modeling results, a rate-of-progress section, and a control strategy including Agreed Orders with Eastman Chemical Company, Texas Operations; TXU Electric Company; and Southwestern Electric Power Company. (Rex Shaddox/Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
September 12, 2001
EXECUTIVE SESSION
Item 79. 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 80. 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 81. 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.
Effective September 1, 2001 modify ED's salary consistent with recent appropriation bill passed legislative session, RH/RM. All Agree
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 22, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 82. Docket No. 2000-0652-MLM-E. Consideration of a Default Order assessing administrative penalties against Po Jung Chen aka Paul Chen and Sunilandings Utilities, Inc. in Calhoun County; TNRCC ID No. 0290056; TNRCC Water Quality Permit No. 12653-001 ( Expired); Sewage CCN No. 20739; and Water CCN No. 12525; for waste water treatment and public drinking water violations pursuant to chs. 7, 13, and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue default order, RH/JB. All Agree
Item 83. Docket No. 2000-0518-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Global Finance, Inc. dba Astrodome Conoco & Alnoor Kermally, Individually in Harris County; TNRCC ID No. 0027939; petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue default order, RH/RM. All Agree
Item 84. Docket No. 2000-1187-OSI-E. Consideration of a Default Order assessing administrative penalties against Derek T. Williams in Orange and Jefferson Counties; TNRCC ID No. OS4948; for on-site sewage installer violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 366 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olzewski)
Issue default order, RH/JB. All Agree
Item 85. Docket No. 2001-0338-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Citation Oil & Gas Corporation in Willacy County; Air Account No. WJ-0002-I; 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. (Sandra Hernandez, John Mead)
Issue agreed order, RM/JB. All Agree
Item 86. Docket No. 2001-0340-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 Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, John Mead)
Issue agreed order, RM/JB. All Agree
Item 87. Docket No. 2001-0056-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond Water Company in Comal County; Public Water Supply No. 0460211; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Joseph Daley)
Issue agreed order, RM/JB. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, August 22, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 88. Docket No. 2001-0892-WQ. Consideration of the application of the Texas Parks & Wildlife Department for an Authorization to Construct a replacement wastewater treatment plant at the San Jacinto Battleground and Monument in La Porte, Harris County. Granting this application will not constitute permit issuance and would not authorize operation of the plant. (Chris Linendoll, Jacquelyn Boutwell)
Approve authorization to construct, JB/RH. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, August 22, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 89. Docket No. 2001-0883-RUL. Consideration for publication of and hearing on, the following proposed new and amended sections of 30 TAC Chapter 90, Regulatory Flexibility:
Amended:
Section 90.1 - Purpose
Section 90.2 - Applicability and Eligibility
New:
Section 90.30 - Definitions
Section 90.32 - Minimum Standards for Environmental Management Systems
Section 90.34 - Regulatory Incentives
Section 90.36 - Evaluation of an Environmental Management System by the Executive Director
Section 90.38 - Requests for Modification of State or Federal Regulatory Requirements
Section 90.40 - Executive Director Action on Request for Regulatory Incentives through the Use of an Environmental Management System
Section 90.42 - Termination of Regulatory Incentives under an Environmental Management System
Section 90.44 - Motion to Overturn
These proposed revisions to Chapter 90 are in response to House Bill (HB) 2997 and HB 2912, Section 1.12, 77th Legislature, 2001, relating to the implementation of regulatory incentives to encourage the use of environmental management systems by regulated entities. These rules propose to add a new Subchapter C, Regulatory Incentives For Using Environmental Management Systems, and to change the name of the chapter from Regulatory Flexibility to Regulatory Flexibility and Environmental Management Systems. (Kathy Ramirez) (Rule Log No. 2001-040-090-AD)
Approve publication and hearing, RH/RM. All Agree


AGENDA

Wednesday, August 22, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-0006-PST-E; SOAH Docket No. 582-01-2448. Consideration of the Administrative Law Judge's Proposal for Decision and Order in the matter of alleged violations against Curlin & Associates, Inc., dba Kwik Mart II, and Shailendra S. Jayswal dba Kwik Mart II, for petroleum storage tank violations at its facility located at 2410 W. Miller in Garland, Dallas County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, with corrections, RM/JB. All Agree
Item 2. TNRCC Docket No. 1999-0629-MWD; SOAH Docket No. 582-99-1261. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of Travis County Municipal Utility District No. 4 for TPDES Permit No. 13206-001 to authorize the discharge of 500,000 gallons of treated domestic wastewater effluent in Travis County, Texas and Segment No. 1430 of the Colorado River Basin.
Remanded to Executive Director