AGENDA

Wednesday, October 10, 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, October 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of September 12, 2001.
Item 1. 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 November 20, 2001


ADDENDUM TO OLD BUSINESS

Wednesday, October 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of September 26, 2001.
Item 2. Docket No. 2001-0947-IWD. Consideration of permit application # 04234, submitted by Clemsa Lumber Company for a new permit, proposed Permit No. 04234, to authorize the discharge of boiler blowdown, kiln condensate, wet decking water, and storm water runoff on an intermittent and flow variable basis via Outfall 001. The facility is located one mile south of the intersection of U.S. Highway 69 and State Highway 7 on U.S. Highway 69 in the City of Pollock, Angelina County, Texas. The effluent from Outfall 001 discharges to an unnamed tributary of Bodan Creek, thence to Bodan Creek, thence to the Neches River below Lake Palestine in Segment No. 0604 of the Neches River Basin. The Commission will also consider a hearing request, related responses and replies, public comment and the Executive Director's Response to Comments. (Nicole Cuthbertson/Anthony Tatu)
Remanded to Executive Director


HUSTON
MARQUEZ

AGENDA

Wednesday, October 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2001-0949-IWD. Consideration of permit application 01886, submitted by City Of Austin Electric Utility for a major amendment to TNRCC Permit No. 01886 to authorize the addition of reverse osmosis reject and rerouting the discharge of filter backwash to Outfall 001; the discharge of metal cleaning waste on an intermittent and flow variable basis via Outfall 001; the discharge of reverse osmosis reject membrane cleaning wastes on an intermittent and flow variable basis at Outfall 002; and the removal of the effluent limitations for total mercury at Outfall 002. The current permit authorizes the discharge of condenser cooling water and previously monitored effluents at a daily average flow not to exceed 605,000,000 gallons per day via Outfall 001; and low volume wastewater at a daily average flow not to exceed 60,000 gallons per day via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0000736, issued on January 2, 1998 and TNRCC Permit No. 01886, issued on September 8, 1995. The applicant operates the Holly Street Steam Electric Station. The plant site is located at 2401 Holly Street on the north side of Town Lake, immediately upstream from Longhorn Dam, in the City of Austin, Travis County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Kimberly Wilson/Oren Connaway)
Grant hearing request of Poder and remand to Alternative Dispute Resolution for 4 to 6 weeks and if mediation fails forward to State Office Administrative Hearings, RH/RM. All Agree
Item 2. Docket No. 2001-1036-MWD. Consideration of permit application # 10526-001, submitted by the City of Nassau Bay for a permit renewal (proposed TNRCC Permit No. 10526-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 1,330,000 gallons per day via Outfall 001 to Clear Creek Tidal and Outfall 002 to Lake Nassau. The wastewater treatment facility serves the City of Nassau Bay. The wastewater treatment facility is located at 18920 Point Lookout, approximately one mile south of NASA Road One at the confluence of Clear Creek and Clear Lake and adjacent to Lake Nassau (Pearsons Lake) and approximately one mile east of the City of Webster in the City of Nassau Bay in Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (John E. Williams/Melinda Luxemburg)
Reposted as Item #53
Item 3. Docket No. 2001-0121-DIS. Consideration of an application by Johnson County Rural Waster Supply Corporation to convert to a special utility district operating under Tex. Water Code chs. 49 and 65. The proposed district will include 297.8 square miles of territory located primarily in Johnson County, Texas but also extending into Ellis, Hill, and Tarrant Counties. The Commission will also consider hearing requests and related responses and replies. (Internal Control No. 10092000-DO6, Angela Stepherson/Fred Radloff)
Deny hearing and approve conversion to special utility district, RM/RH. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2001-0086-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Aquila Gas Pipeline Corporation in Fayette County; Air Account No. FC-0109-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. (Lawrence King, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 5. Docket No. 2000-1061-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CITGO Refining & Chemicals Company, L.P. in Nueces County; Air Account No. NE-0123-B; 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, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2001-0062-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, LLC in Jefferson County; TNRCC Air ID Nos. JE-0200-H and JE-0203-B; 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. (John Barry, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2000-0386-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Duke Energy Field Services, L.P. in Ector, Andrews, Midland, Howard, Upton, Crane, Martin, Loving, Gaines, Glasscock, Pecos, Ward, Winkler, Moore, Hutchison, Carson, Ochiltree, Hemphill, Hansford, Lipscomb, Gray, Roberts, Sherman, Rusk, Panola, Wood, Schleicher, Sutton, Crockett, Reagan, Burleson, Jasper, Jefferson, Fayette, Lee, Montgomery, Wharton, Karnes, Nueces, Jim Wells, Lavaca, and Bee Counties; TNRCC Air Account Numbers EB-0197-H, AB-0011-B, ML-0178-N, HT-0092-N, ML-0127-H, EB-0274-O, UB-0049-H, CY-0015-P, UB-0027-R, EB-0207-G, MF-0029-A, HT-0064-S, CY-0013-T, EB-0148-U, LM-0011-K, AB-0032-Q, ML-0075-B, GE-0023-U, UB-0029-N, GA-0097-M, AB-0002-C, ML-0093-W, GE-0017-P, PE-0167-Q, PE-0025-O, UB-0036-Q, UB-0057-I, WC-0111-F, WC-0146-J, ML-0074-D, ML-0179-L, ML-0053-L, ML-0008-Q, PE-0051-N, PE-0193-P, GE-0016-R, WM-0012-S, WC-0031-E, PE-0024-Q, WC-0072-N, UB-0025-V, MR-0106-S, MR-0049-F, HW-0067-C, CF-0066-N, OA-0052-D, HL-0072-K, HD-0038-B, MR-0069-W, HD-0044-G, HL-0049-F, LJ-0025-J, GH-0068-L, HD-0030-R, HD-0031-P, RH-0015-T, SJ-0020-P, SJ-0021-N, LJ-0019-E, SJ-0022-L, SJ-0023-J, HD-0026-I, HW-0028-M, HW-0020-F, GH-0069-J, HW-0014-A, MR-0107-Q, MR-0134-N, SJ-0024-H, LJ-0028-D, HL-0007-V, MR-0108-O, OA-0027-C, SJ-0025-F, RL-0097-V, PB-0002-N, PB-0067-I, PB-0095-D, RL-0096-A, WO-0007-M, SF-0001-M, SQ-0088-T, CZ-0005-H, SQ-0006-B, SQ-0013-E, RC-0017-B, SQ-0054-N, CZ-0009-W, BR-0054-C, BR-0055-A, JC-0067-H, JE-0203-B, JE-0342-J, FC-0049-S, LF-0016-D, FC-0046-B, LF-0041-E, FC-0042-J, LF-0042-C, FC-0104-M, FC-0102-Q, LF-0019-U, ZF-0039-O, LF-0024-E, LF-0022-I, FC-0068-O, LF-0038-A, MQ-0002-T, WF-0095-O, KA-0025-F, NE-0188-T, NE-0354-D, NE-0028-T, NE-0029-R, WC-0065-K, JG-0017-B, JG-0018-W, LE-0012-W, MR-0029-L, MR-0030-D, BE-0032-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. (Gary L. McDonald, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 8. Docket No. 2001-0304-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Industrial Apparatus Service, Inc. in Jefferson County; Air Account No. JE-0124-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. (Susan Kelly, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 9. Docket No. 2000-0812-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Garcia Grain Trading Corporation in Hidalgo County; Air Account No. HN-0453-S; 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 Alanis, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 10. Docket No. 2000-1387-AIR-E. Consideration of an Agreed Order assessing administrative penalties against EPGT Texas Pipeline, L.P. (formerly PG&E Texas Pipeline, L.P.) in Kleberg County; Air Account No. KJ-0019-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. (Stacey Young, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 11. Docket No. 2001-0114-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Sophia Enterprises, L.P. dba HTC Industries, Inc. in Tom Green County; Air Account No. TG-0053-B; 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, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 12. Docket No. 2000-1093-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Alliant Energy Desdemona, L. P. in Eastland County; Air Account No. EA-0085-H; 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, Michael Meyer)
Issue agreed order, RM/RH. All Agree
Item 13. Docket No. 2000-1289-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wise County Detailing, Incorporated in Wise County; Air Account No. WN-0203-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, Michael Meyer)
Issue agreed order, RM/RH. All Agree
EDWARD AQUIFER ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 2001-0516-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against William D. Kelley Charitable Trust in Williamson County; Edwards Aquifer Protection Program No. 00010301A; for Edwards Aquifer protection program violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Michael Limos)
Issue agreed order, RH/RM. All Agree
Item 15. Docket No. 2001-0248-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against WB HP IND, LTD. in Travis County; Edwards Aquifer File No. 00071401; 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, Michael Limos)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2000-1073-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Akzo Nobel Polymer Chemicals LLC. in Harris County; Solid Waste Registration No. 30281; for 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. (Catherine Sherman, Gilbert Angelle)
Remanded to Executive Director
INDUSTRIAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2001-0294-ISW-E. Consideration of an Agreed Order assessing administrative penalties against Lyondell-Citgo Refining LP in Harris County; Industrial Solid Waste Management Site ID Permit No. HW-50106-000; 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. (Steven Lopez, Gilbert Angelle)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 18. Docket No. 2001-0165-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Lyondell Chemical Company in Harris County; NPDES Permit No. TX0069493; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak, Michael Limos)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2000-1044-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ohmstede, Inc. in Harris County; TPDES Permit No. 01318-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Michael Limos)
Issue agreed order, RH/RM. All Agree
LANDSCAPE IRRIGATOR INSTALLER ENFORCEMENT ORDER
Item 20. Docket No. 1997-0398-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mark Williams dba Blooms Landscape Gardens in Denton County; TNRCC ID No. None; for landscape irrigator installer violations pursuant to ch. 34 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue agreed order, RM/RH. All Agree
IRRIGATOR ENFORCEMENT AGREED ORDER
Item 21. Docket No. 2000-0069-IRR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mark Veach dba Greenlawn in Harris County; expired Installer Certification No. 2676; for landscape irrigator installer violations pursuant to chs. 7 and 34 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 22. Docket No. 2001-0041-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fortson Contracting, Incorporated in Navarro County; Air Account No. NB-0150-I; for air quality and industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 382 and 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Michael Meyer)
Issue agreed order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2001-0445-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Coal City Cob Company, Inc. in Ellis County; Used Oil Handler Registration No. A85401; 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. (Catina East, Gilbert Angelle)
Issue agreed order, RH/RM. All Agree
Item 24. Docket No. 2001-0249-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David H. Jones dba South Texas Tire Disposal in Bexar County; Tire Transporter No. 25666; for waste tire 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, Gilbert Angelle)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT ORDERS
Item 25. Docket No. 1999-1034-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain action of Nor Sham, Inc., in Harris County; TNRCC ID No. 10980-001; 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, RM/RH. All Agree
Item 26. Docket No. 2000-1415-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Beaumont in Jefferson County; Water Quality Permit No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 27. Docket No. 2000-1247-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gores Incorporated dba Gore Brothers Dairy #2 and #3 in Comanche County; Agricultural Waste Permit None; for agricultural water violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 28. Docket No. 2000-1246-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Dekalb in Bowie County; TPDES Permit No. 10062-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 29. Docket No. 2001-0269-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Grand Ranch Treatment Company in Johnson County; TPDES Permit No. 13846-001; 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, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 30. Docket No. 2000-0941-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Hope Center Youth & Family Services in Trinity County; TPDES Permit 11943-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Michael Limos)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER
Item 31. Docket No. 2001-0151-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Racetrac Petroleum Inc. in Galveston County; Facility Account No. 0069059; for petroleum storage tank violations pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Johnson, Gilbert Angelle)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 32. Docket No. 2001-0135-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bank of America in Harris County; Public Water Supply No. 1012455; 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, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 33. Docket No. 2000-1300-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of New Beginnings, Inc. in Moore County; Public Water Supply No. 1710022; 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, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 34. Docket No. 2001-0333-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gymnastics USA, Inc. in Harris County; Public Water Supply No. 1012358; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 2000-1236-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Derby Water Supply Corporation in Frio County; PWS ID No. 0820016; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Michael Limos)
Remanded to Executive Director
Item 36. Docket No. 2000-1379-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Highland Bayou Estates Water Supply Corporation in Galveston County; Public Water Supply No. 0840080 and Certificate of Convenience and Necessity No. 12447; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 37. Docket No. 2000-1295-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of William D. Smith dba Sunset Mobile Home Park II in Harris County; Public Water Supply ID No. 1011972; 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, Michael Limos)
Issue agreed order, RM/RH. All Agree
Item 38. Docket No. 2000-0822-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Frank Duncan and Joe Hackler dba Alpha Utility Company in Camp County; PWS ID No. 0320014; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Michael Limos)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 39. Docket No. 2000-1009-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Gerald Heim dba Heim Water System in Wood County; TNRCC ID Nos. 2500026 and 12227; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Troy Nelson)
Issue default order, RH/RM. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 40. Docket No. 2001-0157-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lee Gardner in Parker County; Sludge Transporter Registration No. 20689; for sludge transporter violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Michael Limos)
Issue agreed order, RH/RM. All Agree
WATER RIGHT ENFORCEMENT AGREED ORDERS
Item 41. Docket No. 2001-0140-WR-E. Consideration of an Agreed Order assessing administrative penalties against EBCO Land Development, LTD. in Montgomery County; Water Rights Permit No. None; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Michael Limos)
Issue agreed order, RH/RM. All Agree
Item 42. Docket No. 2001-0159-WR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Dennis Schkade and Schkade Mines, Inc. in Jones County; Water Rights Permit No. 12-4169; for water rights violations pursuant to Tex. Water Code ch. 11 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Michael Limos)
Issue agreed order, RH/RM. All Agree
WATER OPERATOR CERTIFICATION ENFORCEMENT AGREED ORDER
Item 43. Docket No. 2001-0158-WTR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baylor Water Supply Corporation in Baylor County; TNRCC Public Water Supply ID No. 0120004; for drinking water quality violations pursuant to Tex. Health & Safety Code Ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
Issue agreed order, RH/RM. All Agree
MISCELLANEOUS
Item 44. Docket No. 2001-1149-MIS. Consideration for issuance of an order identifying surface water bodies that are considered sole-source surface drinking water supplies and designating the protection zones for those identified water bodies. Senate Bill (SB) 2, Article 8, Concentrated Animal Feeding Operations, 77th Legislature, 2001, requires this order not later than the 45th day after the effective date of SB 2. This order governs the processing of permit applications for certain concentrated animal feeding operations under Texas Water Code (TWC), Section 26.0286(b), and shall expire on the date on which the commission adopts final rules to implement TWC, Section 26.0286(c), as added by SB 2, designating a surface water body as a sole-source surface drinking water supply and designating protection zones for those identified water bodies. (Ray Austin/Robert Martinez/Greg Rogers/DarrellWilliams)
Approve issuance of order, RH/RM. All Agree
RULES
Item 45. Docket No. 2001-0281-RUL. Consideration for adoption of the following new, repealed, and amended sections of 30 TAC Chapter 106, Permits by Rule, and corresponding revisions to the state implementation plan (SIP):
New:
Section 106.8 - Recordkeeping
Section 106.263 - Routine Maintenance, Start-up and Shutdown of Facilities, and Temporary Maintenance Facilities
Repealed:
Section 106.263 - Repairs and Maintenance
Amended:
Section 106.181 - Used-Oil Combustion Units
Section 106.355 - Pipeline Metering, Purging, and Maintenance
Section 106.454 - Degreasing Units
The new sections will specify recordkeeping requirements for facilities authorized under permits by rule and limit the amount of emissions from maintenance and associated activities that may be authorized under permits by rule. The amended sections will clarify the use of fuel oil in certain small boilers, establish the types of emissions that may be authorized from pipelines and the types of records required, and clarify the requirements for remote reservoir degreasers. Chapter 106, Subchapter A, General Requirements, which includes proposed new Section 106.8, will be submitted as a revision to the SIP. The proposal was published in the May 4, 2001 issue of the Texas Register (26 TexReg 3351). (Anne Inman/Jill Burditt) (Rule Log No. 2000-051-106-AI)
Approve adoption, RM/RH. All Agree
Item 46. Docket No. 2001-1128-RUL. Consideration for publication of, and hearing on, the following proposed new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan (SIP):
Section 114.600 - Definitions
Section 114.601 - Applicability
Section 114.602 - Adoption and Incorporation by Reference of California Rules Regarding Exhaust Emission Standards
Section 114.606 - Recordkeeping Requirements
Section 114.607 - Exemptions and Technology Review
Section 114.609 - Affected Counties and Compliance Schedules
These new sections in Chapter 114 are being proposed in new Subchapter K, On-Road Engines; new Division 1, Heavy-Duty Diesel Engines, and would incorporate by reference the California not-to-exceed (NTE) heavy-duty diesel engine emission standards and corresponding test procedures to apply NTE standards to all heavy-duty diesel vehicles sold in Texas beginning with model year 2005. These proposed sections comprise one element of the control strategy for the Houston/Galveston Attainment Demonstration/Post-1996 Rate of Progress Follow-up SIP. (Bruce Uphaus/Alan Henderson) (Rule Log No. 2001-007a-114-AI)
Approve publication and hearing, RH/RM. All Agree
Item 47. Docket No. 2001-1041-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the Texas state implementation plan.
Section 116.12 - Nonattainment Review Definitions
Section 116.160 - Prevention of Significant Deterioration Requirements
Section 116.162 - Evaluation of Air Quality Impacts
The amendments to Chapter 116 will revise definitions concerning the inclusion of marine vessel emissions in applicability determinations for prevention of significant deterioration and nonattainment permits, and update references to federal rules in the chapter. The proposed rules were published in the June 22, 2001 issue of the Texas Register (26 TexReg 4591). (Joseph Thomas) (Rule Log No. 2001-002-116-AI)
Approve adoption, RM/RH. All Agree
Item 48. Docket No. 2001-1021-RUL. Consideration for publication of, and hearing on, proposed new Subchapter F, East Texas Groundwater Management Area, Sections 294.60 - 294.63.
This proposed rulemaking would designate a new groundwater management area in East Texas that is coterminous with and includes all territory within Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Franklin, Gregg, Harrison, Henderson, Hopkins, Houston, Marion, Morris, Nacogdoches, Panola, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Upshur, Van Zandt, and Wood Counties. (Kelly Mills/Debi Dyer) (Rule Log No. 2001-012-294-WT)
Approve publication and hearing, RH/RM. All Agree
Item 49. Docket No. 2001-1084-RUL. Consideration for the publication of a notice of intention to review and proposed repeal of 30 TAC Chapter 216, Water Quality Performance Standards for Urban Development, Subchapter A, concerning Water Quality Protection Zones, which includes Sections 216.1 - 216.11, and rescinding a commission order in Docket Nos. 98-0063-RUL, et. al (concerning Petitions for Rulemaking of the City of Austin relating to Chapter 216, Subchapter A).
The rules 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 requires state agencies to review and consider for readoption each of their rules every four years. A preliminary review of the rules in Chapter 216, Subchapter A indicates in accordance with a decision of the Texas Supreme Court and a subsequent opinion of the Texas Attorney General that Texas Water Code, Section 26.179 on which this subchapter is based, is invalid and, therefore, the repeal of Subchapter A and rescission of the February 13, 1998 order are proposed. (Auburn Mitchell/Anthony Tatu/Pat Hooper) (Rule Log No. 2000-038-216-WT)
Posted as Item #54
EXECUTIVE SESSION
Item 50. 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 51. 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 52. 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.


ADDENDUM TO AGENDA

Wednesday, October 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 53. Docket No. 2001-1036-MWD. Consideration of permit application # 10526-001, submitted by the City of Nassau Bay for a permit renewal (proposed TNRCC Permit No. 10526-001), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 1,330,000 gallons per day via Outfall 001 to Clear Creek Tidal and Outfall 002 to Lake Nassau. The wastewater treatment facility serves the City of Nassau Bay. The wastewater treatment facility is located at 18920 Point Lookout, approximately one mile south of NASA Road One at the confluence of Clear Creek and Clear Lake and adjacent to Lake Nassau (Pearsons Lake) and approximately one mile east of the City of Webster in the City of Nassau Bay in Harris County, Texas. The Commission will also consider hearing requests or requests for reconsideration, related responses and replies, public comment and the Executive Director's Response to Comments. (John E. Williams/Melinda Luxemburg)
Remanded to Executive Director
Item 54. Docket No. 2001-1084-RUL. Consideration for the publication of a notice of intention to review and proposed repeal of 30 TAC Chapter 216, Water Quality Performance Standards for Urban Development, Subchapter A, concerning Water Quality Protection Zones, which includes Sections 216.1 - 216.11, and proposed termination of a rulemaking initiated in response to Petitions for Rulemaking submitted by the City of Austin relating to Chapter 216, Subchapter A.
The rules 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 requires state agencies to review and consider for readoption each of their rules every four years. A preliminary review of the rules in Chapter 216, Subchapter A indicates in accordance with a decision of the Texas Supreme Court and a subsequent opinion of the Texas Attorney General that Texas Water Code, Section 26.179 on which this subchapter is based, is invalid. Therefore, the repeal of Chapter 216, Subchapter A is proposed. In addition, the rulemaking initiated in response to the Petitions for Rulemaking submitted by the City of Austin relating to Chapter 216, Subchapter A, is proposed to be terminated. (Auburn Mitchell/Anthony Tatu/Pat Hooper) (Rule Log No. 2000-038-216-WT)
Publication with changes, RH/RM. All Agree


OLD BUSINESS AGENDA

Wednesday, October 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of September 12, 2001.
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.
Reposted as New Business Item 3


AGENDA

Wednesday, October 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. Docket No. 2000-0344-WR. Consideration of the four legal issues raised by the Executive Director with regard to the petitions for a watermaster for the Concho River and its tributaries under Texas Water Code ch. 11. These legal issues concern whether domestic and livestock users on the Concho River and its tributaries are "water right holders" and "senior water right holders." The Concho River and its tributaries cover Irion, Tom Green, Concho, Runnels, Coke, Schleicher, and Sterling Counties.
Continued to December 5, 2001
Item 2. Docket No. 2001-0993-WR. Consideration of the four legal issues raised by the Executive Director with regard to the petitions for a watermaster for the San Saba River and its tributaries under Texas Water Code ch. 11. These legal issues concern whether domestic and livestock users on the Concho River and its tributaries are "water right holders" and "senior water right holders." The San Saba River and its tributaries cover Schleicher, Menard, McCulloch, Sutton, Mason, and San Saba Counties.
Continued to December 5, 2001
Item 3. 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.C., which has changed its name to Mirant Parker, L.L.C., for Air Quality Permit No. 40619 and PSD-Texas-933, for a proposed natural-gas-fired electricity generating facility in Parker County, Texas.
Remand to State Office Administrative Hearings, with instructions, RH/RM. All Agree


ADDENDUM TO AGENDA

Wednesday, October 10, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 4. TNRCC Docket No. 2001-1098-IHW. Motion for Reconsideration filed by U.S. Department of Energy and BWTX Pantex, L.L.C. (Pantex) regarding the Executive Director's approval of Pantex's application for a Class 2 modification of Permit No. HW-50284 for its facilities in Carson County.
Grant Motion for Reconsideration and remand to Executive Director, RH/RM. All Agree