AGENDA

Wednesday, September 12, 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, September 12, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from agenda of August 22, 2001.
Item 1. 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)
Remanded to Executive Director
Item carried forward from agenda of August 22, 2001
Item 2. 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)
Approve agreement, RM/RH. All Agree
Item carried forward from agenda of August 22, 2001
Item 3. 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)
Approve agreement, RM/RH. All Agree
Item carried forward from agenda of August 22, 2001
Item 4. 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)
Approve agreement, RM/RH. All Agree
Item carried forward from agenda of August 22, 2001
Item 5. 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)
Approve publication and hearing, RM/RH. All Agree


HUSTON
MARQUEZ

AGENDA

Wednesday, September 12, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUEST
Item 1. Docket No. 2001-0681-MSW. Consideration of permit application no. MSW-2276 by the Applerock Group, located in Harris and Pasadena County, for a permit for a new Type V municipal solid waste management facility. The permit will authorize the Applerock Group, LLC to construct a landfill that will be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities that includes yard waste, brush, and rubbish that are free from other types of solid waste; and municipal solid waste resulting from construction or demolition projects. The facility is to be located on a 100 acre site located northeast of the intersection of State Highway 3 and Genoa Red Bluff Road at 313 Genoa Red Bluff Road. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment and the Executive Director's Response to Comments. (Wayne Lee/Anthony Tatu)
Reposted as Item #37
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 2001-0031-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Aquila Storage and Transportation, L.P. in Fort Bend County; Air Account No. FG-0266-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, Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 3. Docket No. 2001-0277-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Cecil Broomfield dba Cecil's Wheels in Shelby County; TNRCC Air ID No. SI-0109-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. (Mr. John Barry, Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 4. Docket No. 2001-0048-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Matheson Tri-Gas, Inc. in Harris County; Air Account No. HG-1436-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. (Trina K. Lewison, Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 5. Docket No. 2000-1449-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Torch Energy Marketing, Inc. in Scurry County; Air Account No. SG-0029-C; 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, Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2001-0330-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Davis Gas Processing Company in Frio County; Air Account No. FJ-0045-A; 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 Clausewitz, Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2001-0192-AIR-E. Consideration of an Agreed Order assessing administrative penalties against United Rentals, Inc. in El Paso County; Air Account No. EE-1203-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. (Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 8. Docket No. 2000-1227-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Performance Plastics Products, Incorporated in Harris County; Air Account No. HG-2360-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. (Carl Schnitz, Tel Croston)
Issue agreed order, RM/RH. All Agree
Item 9. Docket No. 2001-0171-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Good Time Stores, Incorporated in El Paso County; Air Account No. EE-1223-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. (Suzanne Walrath, Tel Croston)
Issue agreed order, RM/RH. All Agree
AIR ENFORCEMENT DEFAULT ORDER
Item 10. Docket No. 2000-1038-AIR-E. Consideration of a Default Order assessing administrative penalties against AAA Fiberglass, Inc. in Dallas County; TNRCC ID No. DB-2229-W; 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. (Dan Joyner)
Issue default order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT DEFAULT ORDER
Item 11. Docket No. 2000-0911-IHW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of James Bryan dba Orange Marine Towing & Salvage in Orange County; TNRCC ID No. 52157; 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. (Troy Nelson)
Issue default order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 12. Docket No. 2001-0870-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baxter Oil Service Inc. in Harris County; Used Oil Facility ID No. A85204; for used oil violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming, Tel Croston)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE DEFAULT ORDER
Item 13. Docket No. 2000-0411-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Scott Hughes dba M & M Recycling in Jones County; TNRCC ID No. 27077; for municipal solid waste violations pursuant to 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. (Gitanjali Yadav)
Issue default order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 2000-0611-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Como in Hopkins County; Water Quality Permit No. 11313-001 & TPDES Permit No. 11313-001; 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, Karen Berryman)
Issue agreed order, RM/RH. All Agree
Item 15. Docket No. 2000-1162-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the Texas Department of Criminal Justice in Brazoria County; Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10829-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz, Karen Berryman)
Issue agreed order, RM/RH. All Agree
Item 16. Docket No. 2001-0081-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Municipal Utility District No. 189 in Harris County; TPDES Permit No. 12237-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer, Karen Berryman)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2000-1424-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Marsh Petroleum Corp. and Cougar Stop, Inc. dba Normandy Truck Stop in Harris County; PST Facility ID No. 0060804; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Lewison, Alita Champagne)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 18. Docket No. 2000-0617-PST-E. Consideration of a Default Order assessing administrative penalties against Dupree-Pruett Company, Inc. dba One Stop Convenience Stores in Kendall County; TNRCC ID No. 0052819; 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, with corrections, RH/RM. All Agree
Item 19. Docket No. 1999-0895-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Fred Palacios dba Fred's Gas Depot in Hidalgo County; TNRCC ID No. 33816; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Approve default order as present, but instructed staff to work with applicant and see if able to reach an agreement on a finding agreed order with penalty to be paid in 18 monthly payments, RH/RM. All Agree
Item 20. Docket No. 1999-1360-PST-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Nazir Ahmad Zahra in Victoria County; TNRCC ID No. 17087; 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/RM. All Agree
PUBLIC WATER SYSTEMS AGREED ORDERS
Item 21. Docket No. 2000-1457-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Holly Huff Water Supply Corporation in Jasper County; Public Water Supply No. 1210004; 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, Karen Berryman)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2001-0092-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Walnut Bend Independent School District in Cooke County; Public Water Supply ID No. 0490040; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Karen Berryman)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2001-0134-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Alamo Heights in Bexar County; Public Water Supply ID No. 0150039; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz, Karen Berryman)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2000-0767-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Starward Realty and Development, Inc. dba Sunchase Subdivision Water Supply in Jefferson County; Public Water Supply No. 1230083; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code 5.235(n), and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Karen Berryman)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2000-0094-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Odie Nehring dba Chaparral III Water System, Green Acres Water System, Walburg Water System, and Weir Water Works in Williamson County; PWS ID Nos. 2460047, 2460054, 2460016, and 2460017; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming, Karen Berryman)
Issue agreed order, RM/RH. All Agree
MODIFY, AFFIRM, OR SET ASIDE EMERGENCY ORDERS
Item 26. Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on July 17, 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 Henry Harris dba Plaza Water Utility to begin and complete repairs on the Utility's wastewater collection system to prevent the discharge of sewage into or adjacent to the waters in the state; to remediate the adjacent residential area contaminated by the wastewater discharge; to dispose of sludge in accordance with all applicable rules of the TNRCC; and to maintain and submit to the TNRCC, written records of the amount of sludge removed, the technique used and the ultimate disposal site. (Gitanjali Yadav)
Reposted as Item No. 36
Item 27. Docket No. 2001-0924-IWD. Consideration of an order to Affirm, Modify, or Set Aside an Emergency Order. The Emergency Order was granted by the Executive Director without a hearing on July 24, 2001. The Emergency Order was granted under 5.501 and 5.509, Tex. Water Code and 30 Texas Administrative Code 35.301 - 35.303. The Emergency Order authorized the Diamond Shamrock Refining Company to treat and dispose of sanitary sewage and oil contaminated fire suppression water via irrigation within the watershed of Segment No. 2106 of the Nueces River Basin from a petroleum refinery located at 301 Leroy Street in the City of Three Rivers, Live Oak County, to an adjacent irrigation site. (Anthony Tatu, Michael Sunderlin)
Continued to October 10 and remand to Alternative Dispute Resolution, RM/RH. All Agree
RULES
Item 28. Docket No. 2001-0503-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan:
Section 114.307 - Exemptions
Section 114.309 - Affected Counties
These amendments to Chapter 114 will address concerns of research laboratories and academic institutions by allowing them to conduct research using gasoline with a higher Reid vapor pressure (RVP) than allowed in the 95-county central and eastern Texas region; more closely match the exemptions established for the RVP rules to those exemptions allowed in the diesel fuel regulations; and correct the spelling of Smith County. The proposal was published in the June 22, 2001 issue of the Texas Register (26 TexReg 4586). (Scott Carpenter/Alan Henderson/Snehal R. Patel) (Rule Log Number 2001-009-114-AI)
Approve adoption as recommended, RM/RH. All Agree
Item 29. Docket No. 2001-0087-RUL. Consideration for adoption of the following amended, repealed, and new sections of 30 TAC Chapter 279, Water Quality Certification:
Amended:
Section 279.1 - General
Section 279.2 - Purpose and Policy
Section 279.3 - Definitions
Section 279.4 - Application for Certification
Section 279.5 - Notice of Application
Section 279.6 - Public Comments
Section 279.7 - Nonadjudicated Public Hearings
Section 279.8 - Notice of Nonadjudicated Public Hearing
Section 279.9 - Executive Director Review of Water Quality Certification Application
Section 279.10 - Final Commission Action on NPDES Permits
Section 279.11 - Final Commission Action on Department of the Army Permits
Section 279.12 - Other State Certification
Repealed:
Section 279.13 - Enforcement
New:
Section 279.13 - Enforcement
These amendments to Chapter 279 revise waiver procedures for Clean Water Act, Section 401 certification, amend enforcement provisions, and modify existing language to be consistent with other commission rules. The proposal was published in the May 4, 2001 issue of the Texas Register (26 TexReg 3365). (Mark Fisher/Alan Henderson) (Rule Log No. 2000-031-279-WT)
Approve adoption as recommended, RH/RM. All Agree
Item 30. Docket No. 2001-0938-RUL. Consideration for publication of the following proposed amended and new sections in 30 TAC Chapter 17, Tax Relief for Property Used for Environmental Protection.
Amended Sections
17.2 - Definitions
17.4 - Applicability
17.10 - Application for Use Determination
17.12 - Application Review Schedule
17.20 - Application Fees
New Sections
17.15 - Review Standards
17.17 - Partial Determinations
17.25 - Appeals Process
These proposed revisions to Chapter 17 implement House Bill 3121, 77th Legislature, 2001, which amended Texas Tax Code, Section 11.31, Pollution Control Property, to require the commission to adopt specific standards for evaluating applications for use determinations, including partial determinations, and provide for appeals by an applicant and the chief appraiser of the appraisal district for the county in which the property is located. In addition, the proposed change to Section 17.20 would raise the Tier I application fee from $50 to $150. (Ron Hatlett/Lisa McClain/Auburn Mitchell) (Rule Log No. 2001-045-017-AD)
Approve publication and hearing, with corrections as noted, RM/RH. All Agree
Item 31. Docket No. 2001-0912-RUL. Consideration of publication of, and hearing on, the following proposed amended and new sections of 30 TAC Chapter 321, Control of Certain Activities by Rule:
amended Section 321.32 - Definitions
amended Section 321.33 - Applicability
amended Section 321.34 - Procedures for Making Application for an Individual Permit
amended Section 321.35 - Procedures for Making Application for Registration
amended Section 321.39 - Pollution Prevention Plans
new Section 321.48 - Regulation of Certain Dairy Concentrated Animal Feeding Operations (CAFOs)
new Section 321.49 - Dairy Waste Application Field Soil Sampling and Testing
The proposed amended and new sections would implement provisions of House Bill (HB) 2912 (relating to the continuation and functions of the Texas Natural Resource Conservation Commission; providing penalties), Article 12, Regulation of Certain Animal Feeding Operations; Senate Bill (SB) 2 (relating to the development and management of the water resources of the state, including the ratification of the creation of certain groundwater conservation districts; providing penalties), Article 8, Concentrated Animal Feeding Operations; and SB 1339 (relating to requiring owners or operators of poultry facilities to implement and maintain certified water quality management plans); enacted by the 77th Legislature, 2001. The proposal would establish requirements for certain CAFOs located in a major sole-source impairment zone or in the protection zone of a sole-source surface drinking water supply, and would conditionally exclude certain poultry operations from the commission's CAFO rules. (Ray Austin/Robert Martinez/Darrell Williams) (Rule Log No. 2001-041-321-WT)
Approve publication and hearing, RM/RH. All Agree
Item 32. Docket No. 2001-0967-RUL. Consideration for publication of, and hearing on, proposed new 30 TAC Chapter 30, Occupational Licenses and Registrations, and proposed amended, new, and/or repealed sections in the following chapters:
Repealed:
Chapter 290 - Public Drinking Water, Subchapter A
Chapter 325 - Certificates of Competency
Chapter 330 - Municipal Solid Waste, Subchapter M
Chapter 334 - Underground and Aboveground Storage Tanks, Subchapter J
Amended, new, and/or repealed sections:
Chapter 285 - On-Site Sewage Facilities
Chapter 330 - Municipal Solid Waste
Chapter 334 - Underground and Aboveground Storage Tanks
Chapter 344 - Landscape Irrigators
In addition, consideration for publication of, and hearing on, a notice of intention to review and repeal Chapter 290, Subchapter A. This rules review complies with Texas Government Code, Section 2001.039, and the General Appropriations Act, Article IX, Section 9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years.
The proposed rules would consolidate all administrative functions affecting ten licensing and registration programs administered by the commission into the new Chapter 30. These revisions implement House Bill (HB) 3111, HB 2912, Articles 7, 8, and 18.04, of the 77th Legislature, 2001, and Sunset Commission recommendations to consolidate agency licensing and registration programs. The proposed rules would also establish uniform procedures for issuing and renewing licenses, setting terms and fees, enforcement activities, and training approval. (Melissa Estes) (Rule Log No. 2001-044-325-WT)
Approve publication and hearing, RH/RM. All Agree
EXECUTIVE SESSION
Item 33. 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 34. 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 35. 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, September 12, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 36. Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on July 17, 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 Henry Harris dba Plaza Water Utility, in Bell County to begin and complete repairs on the Utility's wastewater collection system to prevent the discharge of sewage into or adjacent to the waters in the state; to remediate the adjacent residential area contaminated by the wastewater discharge; to dispose of sludge in accordance with all applicable rules of the TNRCC; and to maintain and submit to the TNRCC, written records of the amount of sludge removed, the technique used and the ultimate disposal site. (Gitanjali Yadav)
Continued to September 26, 2001


SECOND ADDENDUM TO AGENDA

Wednesday, September 12, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 37. Docket No. 2001-0681-MSW. Consideration of permit application no. MSW-2276 by the Applerock Group, located in Harris County, for a permit for a new Type IV municipal solid waste management facility. The permit will authorize the Applerock Group, LLC to construct a landfill that will be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities that includes yard waste, brush, and rubbish that are free from other types of solid waste; and municipal solid waste resulting from construction or demolition projects. The facility is to be located on a 100 acre site located northeast of the intersection of State Highway 3 and Genoa Red Bluff Road at 313 Genoa Red Bluff Road. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment and the Executive Director's Response to Comments. (Wayne Lee/Anthony Tatu)
Grant hearing request, and remand to State Office Administrative Hearings on issues recommended by commissioners and allow 9 months from date of first preliminary hearing until Proposal for Decision issuance, deny request for reconsideration by Byron Morris, and deny hearing request of L. Chapman, E. Gonzalez, A. Villareal and B. Wright, RH/RM. All Agree


AGENDA

Wednesday, September 12, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-0346-AIR; SOAH Docket No. 582-00-1045. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of SEI , Texas, L.L.P. for air quality permit no. 40619 and PSD-Texas-933, for a proposed natural-gas-fired electricity generating facility in Parker County, Texas.
Continued to October 10, 2001
Item 2. TNRCC Docket No. 2000-0393-UCR; SOAH Docket No. 582-00-1479. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of the City of Crandall to amend its certificate of convenience and necessity (CCN) no. 11295 in Kaufman County to add to the area in which the CCN authorizes Crandall to provide water utility service.
Continued to September 26, 2001


ADDENDUM TO AGENDA

Wednesday, September 12, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 3. 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 Permit No. 13206-001 to authorize the treatment of a daily average flow not to exceed 500,000 gallons per day of domestic wastewater and the disposal of a daily average flow not to exceed 720,000 gallons per day of treated domestic wastewater via irrigation of 298.7 acres of golf course. No discharge of pollutants into water in the State is authorized by the permit. The wastewater treatment facilities and disposal site are located approximately 5.5 miles southeast of the intersection of State Highway 71 and Farm-to-Market Road 2244 and 0.5 mile south of Barton Creek within the drainage area of Barton Creek in Segment No. 1430 of the Colorado River Basin in Travis County, Texas
Continued to September 26, 2001