AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, 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, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of December 5, 2001.
Item 1. Docket No. 1999-1490-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Doyle Wood dba Martin Springs Dairy in Hopkins County; TNRCC ID No. WQ 0003274; for confined animal feeding operation water quality 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 carried forward from Agenda of December 5, 2001.
Item 2. Docket No. 2001-1408-RUL. Consideration for publication of, and hearing on, proposed new and amended sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter A, Definitions; Subchapter H, Voluntary Emission Reduction Permits; and Subchapter I, Electric Generating Facilities; and Chapter 39, Public Notice, Subchapter H, Applicability and General Provisions; and Subchapter K, Public Notice of Air Quality Applications. All sections of Chapter 116, Subchapters H and I; the changes to Chapter 116, Subchapter A; and the changes to Chapter 39 will be submitted as revisions to the state implementation plan.
The proposed revisions to Chapters 116 and 39 establish requirements and procedures for the permitting of grandfathered facilities in accordance with Sections 5.02 - 5.04 of House Bill (HB) 2912, 77th Legislature, 2001, and establish an incentive program for the reduction of emissions of nitrogen oxides from certain grandfathered reciprocating internal combustion engines associated with pipelines as authorized by Section 78 of HB 2914, 77th Legislature, 2001. (Steve Hagle/Jill Burditt) (Rule Log No. 2001-076-116-AI)
Reposted as Item #63


HUSTON
MARQUEZ
WHITE

AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2001-1286-MWD. Consideration of permit application #10641-003, submitted by City of San Angelo for a permit renewal (TNRCC Permit No. 10641-003), which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 16,300,000 gallons per day via evaporation and irrigation of 2,787 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 3.5 miles east-northeast of the intersection of Farm-to Market-Road 380 and State Highway 306 in Tom Green County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Zdenek Matl, Jacquelyn Boutwell)
Remanded to Executive Director
Item 2. Docket No. 2001-1347-WR. Consideration of the application of the City of Kerrville to amend Permit No. 3635 to change the term permit into a perpetual permit. Permit No. 3635 authorizes two dams and reservoirs on Quinlan Creek, Guadalupe River Basin, and the diversion and use of 80 acre fee of water for irrigation of 56 acres of land in Kerr County. The City requests to change the term permit to a perpetual permit with a special provision that Kerrville must have a contract with another water right holder to take this water. The commission will consider any pleadings or responses filed concerning this application. (Iliana Delgado and Robin Smith)
Reposted as Item #64
Item 3. Docket No. 2001-1220-DIS. Consideration of an application by Montgomery County Municipal Utility District No. 15 for approval to levy a standby fee. The District's application requests approval to levy a uniform operations and maintenance standby fee of $492 per equivalent single family connection (ESFC) or $1,794 per acre and for debt service of $731 per ESFC or $2,666 per acre for calendar years 2001 thru 2003, on unimproved property within the District. The Commission will also consider hearing requests and related responses and replies. (TNRCC Internal Control No. 05312000-D01 John Deering/Robert Cummins)
Grant Hearing Requests, Remand to Alternative Dispute Resolution 4 to 6 weeks, if mediation fails forward to State Office Administrative Hearings, RH/KW. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2001-0266-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Barjan Products LLC dba Par Products in Collin County; Air Account No. CP-0356-L; 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. (Jorge Ibarra, P.E., Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 5. Docket No. 2001-0614-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Brownsville Public Utilities Board in Cameron County; TNRCC Air Account No. CD-0009-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. (Sandra Hernandez Alanis, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 6. Docket No. 2001-0505-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Burgess-Manning, Inc. in Archer County; Air Account No. AE-0024-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. (George Ortiz, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 7. Docket No. 2001-0243-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Jorge Bayona dba C & J Auto Wholesale in El Paso County; Air Account No. EE-1726-G; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 8. Docket No. 2001-0339-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Diamond-Koch, L.P. in Chambers County; Air Account No. CI-0005-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. (Faye Liu, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 9. Docket No. 2001-0095-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Diamond-Koch, L.P. in Chambers County; Air Account No. CI-0006-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. (Merrilee Gerberding, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 10. Docket No. 2001-0606-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Dynegy Midstream G. P., Inc. in Grayson County; Air Account No. GI-0176-T; 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. (Cheryl Thompson, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 11. Docket No. 2001-0434-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of El Paso PVC, Inc. in El Paso County; Air Account No. EE-0141-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. (David Van Soest, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 12. Docket No. 2001-0245-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Rental Service Corporation (formerly Prime Equipment Company) in El Paso County; Air Account No. EE-1153-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. (Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 13. Docket No. 2001-0276-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Keith Wagnon dba KW Autos in Shelby County; TNRCC Air Account No. SI-0121-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. (John Barry, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 14. Docket No. 2001-0477-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Union Oil Company of California in Van Zandt County; Air Account No. VB-0011-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. (Carolyn V. Lind, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 15. Docket No. 2000-0360-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Excel Corporation in Parmer County; Air Account No. PD-0019-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. (Shawn A. Hess, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 16. Docket No. 2001-0546-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Whirlwind Steel Buildings, Inc. in Harris County; Air Account No. HX-1594-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. (Rebecca Johnson, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 17. Docket No. 2001-0544-AIR-E. Consideration of an Agreed Order assessing administrative penalties against U.S. Department of Justice, Federal Bureau of Prisons, La Tuna Federal Correctional Institution in El Paso County; Air Account No. EE-0577-G; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 18. Docket No. 2001-0268-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Southwest Convenience Stores L.L.C. in El Paso County; Air Account No. EE-1158-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. (Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 19. Docket No. 2001-0682-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mirant Wichita Falls, L.P. in Wichita County; Air Account No. WH-0083-W; 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. (Carolyn Easley, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 20. Docket No. 2001-0242-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Timothy E. O'Brien dba Montwood Texaco in El Paso County; Air Account No. EE-0893-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. (Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 21. Docket No. 2001-0395-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Motiva Enterprises L.L.C. in Jefferson County; Air Account No. JE-0095-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 22. Docket No. 2000-1459-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Dow Chemical Company in Brazoria County; Air Account Nos. BL-0082-R; BL-0022-M; and BL-0023-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. (Carl Schnitz, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 23. Docket No. 2001-0733-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Wagner Oil Company in Atascosa County; Air Account No. AG-0012-N and Operating Permit No. O-00509; 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. (Sandy VanCleave, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 24. Docket No. 2001-0414-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of South-Tex Concrete, Inc. in Hidalgo County; TNRCC Air Account Nos. 92-2093-H and 92-0482-G; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sandra Hernandez Alanis, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 25. Docket No. 2001-0587-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Silica Products, Inc. in Brazoria County; Air Account No. BL-0687-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. (Trina K. Lewison Greico, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 26. Docket No. 2001-0545-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Upper Valley Enterprises, Inc. dba Shorty's Food Marts in El Paso County; Air Account No. EE-1957-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. (John Mead, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 27. Docket No. 2001-0722-AIR-E. Consideration of an Agreed Order assessing administrative penalties against E.I. Du Pont de Nemours and Company, Inc. in Orange County; Air Account No. OC-0007-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 28. Docket No. 2001-0512-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Natural Gas Pipeline Company of America in Wharton County; Air Account No. WF-0023-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. (Catherine Albrecht, Stacey Young)
Issue agreed order, RM/KW. All Agree
Item 29. Docket No. 2001-0063-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oxy Vinyls, LP in Harris County; Air Account No. HG-0193-B; for air quality 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. (Faye Liu, Stacey Young)
Issue agreed order, RM/KW. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS
Item 30. Docket No. 2001-0727-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of American Retirement Corporation dba Homewood Residence at Shavano Park in Bexar County; Edwards Aquifer Protection Project No. 1543.00; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz, Elvia Maske)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2001-0728-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hardy Oaks, Ltd. in Bexar County; Edwards Aquifer Protection Program Project No. 1291.00; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz, Elvia Maske)
Issue agreed order, RH/RM. All Agree
LANDSCAPE IRRIGATOR ENFORCEMENT AGREED ORDER
Item 32. Docket No. 2001-0317-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mark Taylor in Dallas County; Landscape Irrigator License No. 6369; for certification violations pursuant to Tex. Water Code chs. 7 and 34 and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel, Elvia Maske)
Issue agreed order, RM/KW. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 33. Docket No. 2000-0738-MLM-E. Consideration of an Agreed Order assessing administrative penalties against USRP (Quest) L.P. and Northwest Petroleum, L. P. in Travis County; Edwards Aquifer Protection Program No. 00082101; 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. (Gitanjali Yadav)
Issue agreed order, RH/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 34. Docket No. 2001-0707-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Theo Hybner in Lavaca County; Unauthorized Tire Site No. COT0002; 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. (Carol McGrath, Tom Greimel)
Issue agreed order, RH/RM. All Agree
Item 35. Docket No. 2001-0042-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wise County Recycling, Inc. in Wise County; Unauthorized Site No. 455040124; for municipal solid 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. (Wendy Cooper, Thomas Greimel)
Remand to Executive Director, with directions to staff, RM/RH. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 36. Docket No. 2000-1199-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Randolph Water Supply Corporation in Fannin County; TPDES Permit No. 11343-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 37. Docket No. 2000-1423-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Whitney in Hill County; TPDES Permit No. 11408-002; 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, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 38. Docket No. 2000-1401-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Springtown in Parker County; TPDES Permit No. 10649-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Elvia Maske)
Issue agreed order, RM/RH. All Agree
Item 39. Docket No. 2001-0199-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Katy in Fort Bend County; TPDES Permit No. 10706-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Elvia Maske)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER
Item 40. Docket No. 2000-0547-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blessings Enterprises, Inc., dba Big Country in Parker County; PST Facility ID No. 0047947; 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, RH/KW. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 41. 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, Elvia Maske)
Issue agreed order, KW/RM. All Agree
Item 42. Docket No. 2001-0427-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Levonn M. Maggard dba Jones Acres Water Company in Wise County; CCN No. 11679 and Public Water Supply No. 2490018; for drinking water quality violations pursuant to Tex. Water Code ch. 13, Tex. Health & Safety Code ch. 341, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Elvia Maske)
Issue agreed order, KW/RM. All Agree
Item 43. Docket No. 2001-0228-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Ha Van Nguyen dba Burnet Hills Mobile Home Park and Windy Hills Mobile Home Park in Burnet County; Public Water Supply Nos. 0270042 and 0270090; 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. (Lawrence King, Elvia Maske)
Issue agreed order, KW/RM. All Agree
Item 44. Docket No. 2001-0562-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Waterco Incorporated dba Bell Water Company in Trinity County; PWS ID No. 2280034 and CCN No. 10130; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (A. Sunday Udoetok, Elvia Maske)
Issue agreed order, KW/RM. All Agree
Item 45. Docket No. 2001-0680-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Zaki Niazi dba Snappy Mart No. 6 in Montgomery County; Public Water Supply No. 1700557; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Elvia Maske)
Issue agreed order, KW/RM. All Agree
Item 46. Docket No. 2001-0573-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of La Joya Water Supply Corporation in Hidalgo County; TNRCC Public Water Supply ID No. 1080022; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Sandra Hernandez Alanis, Elvia Maske)
Issue agreed order, KW/RM. All Agree
Item 47. Docket No. 2001-0622-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bayer Water System, Inc. in Harris County; Public Water Supply No. 1010212 and CCN No. 12281; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Elvia Maske)
Issue agreed order, KW/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 48. Docket No. 2000-0541-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Water Valley Water Supply Corporation in Travis County; TNRCC ID No. 2270030; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code, chs. 7 and 13 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue default order, RM/RH. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 49. Docket No. 2001-0229-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alfredo Baeza dba Alfredo Baeza Septic Tank Pumping in Presidio County; Transporter Registration No. 21614; for water quality 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. (Gary Shipp, Elvia Maske)
Issue agreed order, RH/KW. All Agree
PERMIT DENIALS
Item 50. Docket No. 2001-1419-WR. Consideration of application of William C. Nack, JR. and O.B. Holder for Water Use Permit No. 5697. Nack and Holder seek authorization to construct and maintain a dam and reservoir on the Sabinal River, tributary of the Frio River, tributary of the Nueces River, Nueces River Basin, Bandera County, approximately 2.5 miles north of Utopia, Texas. The reservoir would have a normal capacity of 2 acre feet and a surface are of one acre. The Executive Director recommends that the application be denied because there is inadequate water available at the applicants' location to make up for the evaporative losses caused by the proposed reservoir and that the adverse impacts of constructing a new dam would result in loss of additional stream habitat and fragmentation. The Commission will consider the application and any responses filed.
Approve Executive Director recommendation and deny permit, RH/RM. All Agree
Item 51. Docket No. 2001-1375-WR. Consideration of the application of Sonja Rose Klein for a permit by Texas Water Code 11.143 to divert and use 40 acre-feet of water per annum to irrigate 40 acres of land out of a 347.35 acre tract. Klein will divert this water from an existing domestic and livestock reservoir which impounds 6 acre-feet of water on Bullhead Creek. The combined maximum diversion rate is 0.56 cfs (250- gpm). No comments or hearing requests were received on this application. The Executive Director recommends that the request be denied because no unappropriated water is available for appropriation at this diversion point.
Continued to January 30, 2002.
RULE MATTERS
Item 52. Docket No. 2001-1458-RUL. Consideration for publication of, and hearing on, proposed amended sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter A, Definitions; Subchapter B, General Volatile Organic Compound Sources; Subchapter C, Volatile Organic Compound Transfer Operations; Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes; Subchapter E, Solvent-Using Process; Subchapter F, Miscellaneous Industrial Sources; Subchapter J, Administrative Provisions; and corresponding revisions to the state implementation plan.
Reposted as #65
Item 53. Docket No. 2001-1461-RUL. Consideration for publication of, and hearing on, proposed new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchs. A and C.
Section 114.7 - Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Definitions
Section 114.60 - Applicability for LIRAP
Section 114.62 - LIRAP Funding
Section 114.64 - LIRAP Requirements
Section 114.66 - Disposition of Retired Vehicle
Section 114.68 - Emission Reduction Credits
Section 114.70 - Records, Audits, and Enforcement
Section 114.72 - Local Advisory Panels
The proposed rulemaking would implement portions of House Bill 2134, 77th Legislature, 2001, relating to a low income vehicle repair assistance, retrofit, and accelerated vehicle retirement program. (Hazel Barbour/Snehal R. Patel/Jill Burditt) (Rule Log No. 2001-035a-114-AI)
Approve publication and hearing, RH/RM. All Agree
Item 54. Docket No. 2001-1416-RUL. Consideration for publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 285, On-Site Sewage Facilities:
Amended Section 285.10 - Delegation to Authorized Agents
Amended Section 285.12 - Review of Locally Administered Programs
New Section 285.13 - Revocation of Authorized Agent Delegation
New Section 285.14 - Charge-back Fee
These proposed new and amended sections to Chapter 285 would revise Subchapter B, Local Administration of the OSSF Program, by incorporating the charge-back fee provisions from House Bill 2912 and by more clearly defining the process the executive director would have to follow when reviewing and revoking an authorized agent's delegated authority. (Kathy Ramirez) (Rule Log No. 2001-101-285-WT)
REMANDED TO ED
Item 55. Docket No. 2001-1018-RUL. Consideration for adoption of the following 30 TAC Chapter 60, Compliance History:
Chapter 60 - Compliance History
House Bill 2912, 77th Legislature, 2001, Section 4.01, amended Tex. Water Code, Chapter 5, Texas Natural Resource Conservation Commission, by adding Subchapter Q, Performance-Based Regulation, which requires the commission to develop a uniform standard for evaluating compliance history. Chapter 60 defines the applicability and components of compliance history. The proposed rules were published in the October 12, 2001 issue of the Texas Register (26 TexReg 7974). (Ann McGinley/Debra Barber) (Rule Log No. 2001-070-060-AD)
Adopt 30 TAC Chapter 60 with changes as recommended by staff, RH/RM. All Agree
Item 56. Docket No. 2001-0938-RUL. Consideration for adoption of the following amended and new sections in 30 TAC Chapter 17, Tax Relief for Property Used for Environmental Protection.
Amended Sections - 17.2, Definitions;
Amended Sections - 7.4, Applicability;
Amended Sections - 17.10, Application for Use Determination;
Amended Sections - 17.12, Application Review Schedule;
Amended Sections - 17.20, Application Fees
New Sections - 17.15, Review Standards;
New Sections - 17.17, Partial Determinations;
New Sections - 17.25, Appeals Process
These revisions to Chapter 17 implement House Bill 3121, 77th Legislature, 2001, which amended Texas Tax Code, Section 11.31, Pollution Control Property. The amendments require the commission to adopt specific standards for evaluating applications for use determinations, including partial determinations; provide for appeals by an applicant and the chief appraiser of the appraisal district for the county in which the property is located; and require the TNRCC Executive Director to provide a copy of the use determination to the chief appraiser. In addition, the change to Section 17.20 will increase the Tier I application fee from $50 to $150. The proposed rules were published in the September 28, 2001 issue of the Texas Register (26 TexReg 7420). (Ron Hatlett/Lisa McClain/Auburn Mitchell) (Rule Log No. 2001-045-017-AD)
Adopt as recommended by staff, RH/RM. All Agree
Item 57. Docket No. 2001-1128-RUL. Consideration for adoption of the following new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan (SIP):
Section 114.700 - Definitions
Section 114.701 - Applicability
Section 114.702 - Adoption and Incorporation by Reference of California Rules Regarding Exhaust Emission Standards
Section 114.706 - Recordkeeping Requirements
Section 114.707 - Exemptions and Technology Review
Section 114.709 - Affected Counties and Compliance Schedules
These new sections in Chapter 114 are being adopted in new Subchapter L, On-Road Engines; new Division 1, Heavy-Duty Diesel Engines, and will 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 adopted sections comprise one element of the control strategy for the Houston/Galveston Attainment Demonstration/Post-1996 Rate of Progress Follow-up SIP. The proposed rules were published in the October 26, 2001 issue of the Texas Register (26 TexReg 8480). (Bruce Uphaus/Alan Henderson) (Rule Log No. 2001-007a-114-AI)
Adopt as recommended by staff, RM/RH. All Agree
EXECUTIVE SESSION
Item 58. 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. The Commission may also meet in open session to take action on a legal or personnel matter considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Give the General Counsel the authority to pursue intervention in the NRDC Law Suit, RH/RM. All Agree
Item 59. 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 60. 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, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 61. Docket No. 2001-1501-RES. Consideration of a resolution acting upon requests from the following political subdivisions, as defined by the Texas Water Code, Section 15.001 for certification as providing regional water and/or wastewater service for the purpose of eligibility to receive a tax exemption under Subchapter H, Chapter 151, Texas Tax Code:
Afton Grove Water Supply Corporation in Jacksonville County, CCN No. 12372;
Remanded to ED
Angus Water Supply Corporation in Navarro County, CCN No. 11171;
Aqua Water Supply Corporation in Bastrop County, Lee County, Travis County,
Caldwell County, Fayette County, Williamson County, CCN No. 10294;
Argyle Water Supply Corporation in Denton County, CCN No. 10199;
Armstrong Water Supply Corporation in Bell County, CCN No. 10049;
Arroyo Water Supply Corporation in Cameron County, CCN No. 10545;
B & B Water Supply Corporation in Cameron County, CCN No. 11317;
Remanded to ED
Bartonville Water Supply Corporation in Navarro County, CCN No. 10197;
Remanded to ED
Baylor Water Supply Corporation in Denton County, CCN No. 11605;
Remanded to ED
Becker-Jiba Water Supply Corporation in Baylor County, Archer County, Young County, hrockmorton County, CCN No. 10820;
Remanded to ED
Bell-Milam-Falls Water Supply Corporation in Kaufman County, CCN No. 10051;
Remanded to ED
Bethesda Water Supply Corporation in Bell County, Milam County, Falls County, Williamson County, CCN No. 10089;
Remanded to ED
Birome Water Supply Corporation in Hill County, Limestone County, McLennan County, CCN No. 10013;
Bitter Creek Water Supply Corporation in Nolan County, Fisher County, CCN No. 11149;
Blair Water Supply Corporation in Taylor County, CCN No. 11532;
Remanded to ED
Bluebonnet Water Supply Corporation in Bell County, McLennan County, CCN No. 11594;
Bolivar Water Supply Corporation in Cooke County, Denton County, Wise County, CCN No. 11257;
Bright Star-Salem Water Supply Corporation in Wood County, Rains County, CCN No. 10404;
Callahan County Water Supply Corporation in Callahan County, CCN No. 12805;
Cash Water Supply Corporation in Hunt County, Rockwall County, Rains County, Hopkins County, CCN No. 10824;
Central Texas Water Supply Corporation in Bell County, Coryell County, Falls,
County, Lampasas County, Milam County, CCN No. 11492;
Chatfield Water Supply Corporation in Navarro County, CCN No. 11086;
Chester Water Supply Corporation in Tyler County, Polk County, CCN No. 10122;
Coleman County Water Supply Corporation in Coleman County, Callahan County,
Brown County, Taylor County, Runnels County, CCN No. 11308;
Comanche County Water Supply Corporation in Comanche County, CCN No. 12707;
Remanded to ED
Consolidated Water Supply Corporation in Houston County, Walker County, Anderson County, CCN No. 10797;
Country Club Water Supply Corporation in Kaufman County, CCN No. 20522;
Continued to January 30, 2002
County Line Water Supply Corporation in Hays County, Caldwell County, CCN No. 10292;
Craft-Turney Water Supply Corporation in Cherokee County, CCN No. 10800;
Crystal Clear Water Supply Corporation in Hays County, Comal County, Guadalupe County, CCN No. 10297;
Cypress Springs Water Supply Corporation in Franklin County, Wood County, Titus County, Hopkins County, CCN No. 10532;
D & M Water Supply Corporation in Nacogdoches County, CCN No. 10958, 20857;
Continued to January 30, 2002
Dean Dale Water Supply Corporation in Clay County, Wichita County, CCN No. 11049;
Remanded to ED
Dog Ridge Water Supply Corporation in Bell County, CCN No. 10048;
East Bell Water Supply Corporation in Bell County, Falls County, CCN No. 10043;
Remanded to ED
Elderville Water Supply Corporation in Gregg County, Rusk County, CCN No. 10410;
Elm Creek Water Supply Corporation in McLenan County, Bell County, Coryell County, Falls County, CCN No. 10031;
Elmo Water Supply Corporation in Kaufman County, CCN No. 10813;
Eula Water Supply Corporation in Callahan County, CCN No. 10443;
Files Valley Water Supply Corporation in Hill County, Ellis County, CCN No. 10902;
Fort Belknap Water Supply Corporation in Young County, Palo Pinto County, Stephens County, Throckmorton County, CCN No. 11042;
Remanded to ED
Fort Gates Water Supply Corporation in Coryell County, CCN No. 11445;
G-M Water Supply Corporation in Sabine County, San Augustine County, CCN No. 11393;
Continued to January 30, 2002
G & W Water Supply Corporation in Waller County, Grimes County, CCN No. 12391;
Continued to January 30, 2002
Gastonia-Scurry Water Supply Corporation in Kaufman County, CCN No. 10837;
Golden Water Supply Corporation in Wood County, Rains County, Van Zandt County, CCN No. 10491;
Gum Springs Water Supply Corporation in Harrison County, CCN No. 10416;
Gunter Rural Water Supply Corporation in Collin County, Grayson County, CCN No. 10150;
Hamby Water Supply Corporation in Taylor County, Jones County, Callahan County, Shackelford County, CCN No. 10226;
Continued to January 30, 2002
Hawley Water Supply Corporation in Jones County, Taylor County, Shackelford County, CCN No. 10952;
Remanded to ED
Highway 117 Water Supply Corporation in Uvalde County, CCN No. 11625;
Hill Country Water in Travis County, Hays County, CCN No. 12485;
Ira Water Supply Corporation in Scurry County, CCN No. 11012;
Iron Hill Water Supply Corporation in Cherokee County, CCN No. 10784;
Johnson County Rural Water Supply Corporation in Johnson County, Hill County, Tarrant County, Ellis County, CCN No. 10081, 20713;
Jones Water Supply Corporation in Wood County, Hopkins County, CCN No. 10475;
Kempner Water Supply Corporation in Lampasas County, Bell County, Coryell County, Burnet County, CCN No. 10456;
Remanded to ED
Lavon Water Supply Corporation in Collin County, Rockwall County, CCN No. 10066;
Lee County Water Supply Corporation in Bastrop County, Fayette County, Lee County, CCN No. 10310;
Little Elm Valley Water Supply Corporation in Bell County, Falls County, CCN No. 10050;
Continued to January 30, 2002
Markout Water Supply Corporation in Kaufman County , CCN No. 10846;
M E N Water Supply Corporation in Tarrant County, CCN No. 10748;
Remanded to ED
Military Highway Water Supply Corporation in Hidalgo County, Cameron County, CCN No. 10551, 20571;
Millersview-Doole Water Supply Corporation in Runnels County, McCullough County, Concho County, Tom Green County, CCN No. 11493;
Millsap Water Supply Corporation in Parker County, CCN No. 11240;
MIMS Water Supply Corporation in Marion County, Cass County, Morris County, CCN No. 11650;
Remanded to ED
Moffat Water Supply Corporation in Bell County, CCN No. 11166;
Multi-County Water Supply Corporation in Coryell County, Hamilton County, Lampasas County, CCN No. 11525;
Mustang Water Supply Corporation in Denton County, CCN No. 11856;
Navarro Mills Water Supply Corporation in Navarro County, Hill County, CCN No. 10779;
Nevada Water Supply Corporation in Collin County, Rockwall County, CCN No. 12175;
North Alamo Water Supply Corporation in Hidalgo County, Willacy County, Cameron, CCN No. 10553, 20654;
North Cherokee Water Supply Corporation in Cherokee County, Smith County, CCN No. 10771;
Remanded to ED
North Collin Water Supply Corporation in Collin County, CCN No. 11035;
North Hunt Water Supply Corporation in Denton County, Fannin County, Hunt County, CCN No. 11206;
Remanded to ED
North Kaufman Water Supply Corporation in Kaufman County, CCN No. 11205;
North Milam Water Supply Corporation in Milam County, Falls County, CCN No. 10055;
North Runnels Water Supply Corporation in Runnels County, Taylor County, CCN No. 11128;
North Rural Water Supply Corporation in Parker County, Palo Pinto County, CCN No. 10281;
Remanded to ED
Nueces Water Supply Corporation in Nueces County, CCN No. 11948;
Oak Ridge-South Gale Water Corporation in Grayson County, CCN No. 12524;
Oenaville & Belfals Water Supply Corporation in Bell County, Falls County, CCN No. 10052;
Continued to January 30, 2002
OSR Water Supply Corporation in Brazos County, Robertson County, CCN No. 11896;
Palo Pinto Water Supply Corporation in Palo Pinto County, CCN No. 10258;
Parker County Water Supply Corporation in Parker County, CCN No. 12313;
Remanded to ED
Pendleton Water Supply Corporation in Bell County, CCN No. 10003;
Poetry Water Supply Corporation in Kaufman County, Hunt County, CCN No. 10815;
Polonia Water Supply Corporation in Caldwell County, Bastrop County, CCN No. 10420;
Remanded to ED
Porter Water Supply Corporation in Montgomery County, CCN No. 11473;
Remanded to ED
Potosi Water Supply Corporation in Taylor County, Callahan County, CCN No. 10738;
Remanded to ED
Ricardo Water Supply Corporation in Kleberg County, CCN No. 11889;
Rice Water Supply & Sewer Service Corporation in Navarro County, Ellis County, CCN No. 10808, 20324;
Rincon Water Supply Corporation in San Patricio County, Aransas County, CCN No. 11440;
River Acres Water Supply Corporation in Nueces County, CCN No. 11084;
Riverside Water Supply Corporation in Walker County, San Jacinto County, CCN No. 11033;
Remanded to ED
Rose Hill Water Supply Corporation in Kaufman County, CCN No. 10849;
S.U.N. Water Supply Corporation in Taylor County, Jones County, Fisher County, CCN No. 11139;
Continued to January 30, 2002
Salem Elm Ridge Water Supply Corporation in Milam County, CCN No. 10056;
Santo Water Supply Corporation in Palo Pinto County, CCN No. 11388;
Remanded to ED
Shackelford Water Supply Corporation in Shackelford County, Throckmorton County, Stephens County, Callahan County, Eastland County, CCN No. 11637;
Remanded to ED
Sharon Water Supply Corporation in Wood County, Upshur County, Camp County, CCN No. 10476;
South Rains Water Supply Corporation in Rains County, CCN No. 10487;
Southwest Milam Water Supply Corporation in Milam County, Williamson County, Lee County, Burleson County, CCN No. 10027;
Spring Valley Water Supply Corporation in McLennan County, CCN No. 11287;
Springs Hill Water Supply Corporation in Guadalupe County, CCN No. 10666;
Staff Water Supply Corporation in Eastland County, Stephens County, CCN No. 11155;
Steamboat Mountain Water Supply Corporation in Taylor County, CCN No. 11370;
Continued to January 30, 2002
Stephens County Rural Water Supply Corporation in Stephens County, CCN No. 11456;
Remanded to ED
Sturdivant Progress Water Supply Corporation in Palo Pinto County, CCN No. 10256, 20882;
Remanded to ED
Talty Water Supply Corporation in Kaufman County, CCN No. 10850;
Tamina Water Supply Corporation in Montgomery County, CCN No. 12289;
Continued to January 30, 2002
Trinity Rural Water Supply Corporation in Trinity County, Polk County, Walker County, CCN No. 10128;
Remanded to ED
Tryon Water Supply Corporation in Gregg County, Harrison County, CCN No. 10362;
View-Caps Water Supply Corporation in Taylor County, CCN No. 10241;
Violet Water Supply Corporation in Nueces County, CCN No. 10920;
Walker County Rural Water Supply Corporation in Walker County, CCN No. 11304;
West Bell County Water Supply Corporation in Bell County, CCN No. 10045;
Continued to January 30, 2002
West Delta Water Supply Corporation in Delta County, CCN No. 11236;
Remanded to ED
Westbound Water Supply Corporation in Eastland County, Callahan County, Shackelford County, CCN No. 11831;
Westphalia Water Supply Corporation in Falls County, CCN No. 10007;
Winkler Water Supply Corporation in Freestone County, Navarro County, CCN No. 10754;
Remanded to ED
Wylie Northeast Water Supply Corporation in Collin County, CCN No. 10192;
Zephyr Water Supply Corporation in Brown County, CCN No. 10440
The Resolution implements Senate Bill 2, Section 4.25, 77th Legislature. (John Deering/Joe Strouse)
Approve staff recommendation with corrections as noted by staff, RH/RM. All Agree
Item 62. Docket # 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, Texas Water Code and 30 Texas Administrative Code 35.301 - 35.303. The Emergency Order authorized the Diamond Shamrock Refining 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 and Michael Sunderlin)
Affirm Emergency Order with modifications, RH/KW. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 63. Docket No. 2001-1408-RUL. Consideration for publication of, and hearing on, proposed new and amended sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter A, Definitions; Subchapter H, Voluntary Emission Reduction Permits; and Subchapter I, Electric Generating Facilities; and Chapter 39, Public Notice, Subchapter H, Applicability and General Provisions; and Subchapter K, Public Notice of Air Quality Applications. Additionally, consideration for publication of, and hearing on, proposed submittal of all sections of Chapter 116, Subchapter H; the new and amended sections of Chapter 116, Subchapters A and I; and the new and amended sections of Chapter 39 as revisions to the state implementation plan.
The proposed revisions to Chapters 116 and 39 establish requirements and procedures for the permitting of grandfathered facilities in accordance with Sections 5.02 - 5.04 of House Bill (HB) 2912, 77th Legislature, 2001, and establish an incentive program for the reduction of emissions of nitrogen oxides from certain grandfathered reciprocating internal combustion engines associated with pipelines as authorized by Section 78 of HB 2914, 77th Legislature, 2001. (Steve Hagle/Jill Burditt) (Rule Log No. 2001-076-116-AI)
Approve publication and hearing, RM/RH. All Agree
Item 64. Docket No. 2001-1347-WR. Consideration of the application by the City of Kerrville to amend Permit No. 3635 to extend the time until December 31, 2020 in which it may divert and use 80 acre-feet of contracted water per annum at a rate of 1.7 cfs (750 gpm) for irrigation use. On February 23, 1999, the Guadalupe-Blanco River Authority and the City of Kerrville renewed an Upstream Diversion Contract, wherein the Guadalupe-Blanco River Authority, pursuant to its Certificate of Adjudication Nos. 18-2074D, 18-5488, and 18-5172, will provide water service to the City of Kerrville in the amount of 80 acre-feet of water per annum for irrigation purposes in Kerr County from February 23, 1999 until December 31, 2020. The commission will consider any hearing requests, replies and responses, and issuance of the amended permit.
Deny hearing request, grant permit amendment with correction as requested, RM/RH. All Agree


THIRD ADDENDUM TO AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 65. Docket No. 2001-1458-RUL. Consideration for publication of, and hearing on, proposed amended sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter A, Definitions; Subchapter B, General Volatile Organic Compound Sources; Subchapter C, Volatile Organic Compound Transfer Operations; Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes; Subchapter E, Solvent-Using Process; Subchapter F, Miscellaneous Industrial Sources; Subchapter J, Administrative Provisions; and corresponding revisions to the state implementation plan.
The proposed revisions to Chapter 115 would clarify and add flexibility to existing requirements, correct errors, update references to terms, delete redundant and obsolete language, and add minor recordkeeping requirements necessary to determine compliance with inspection requirements. (Eddie Mack/Jill Burditt) (Rule Log No. 2002-037-115-AI)
Approve publication and hearing, RH/RM. All Agree


FOURTH ADDENDUM TO AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 66. Docket No. 2001-1519-AIR. Consideration of a resolution appointing three individuals to the advisory committee that will advise the Texas Natural Resource Conservation Commission and the Department of Public Safety in accordance with Texas Transportation Code, Section 548.006, as added by House Bill 2134, 77th Legislature, 2001. The three appointments shall be one person to represent inspection station owners and operators, one person to represent manufacturers of motor vehicle emissions inspection devices, and one person to represent the public interest.
Approve staff recommendation


OLD BUSINESS AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from agenda of October 10, 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.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.
Grant Permit with changes as recommended, RM/KW. Huston Voted No.


AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-0335-UCR; SOAH Docket No. 582-00-1469. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of Woodcreek Utilities to Amend Sewer Certificate of Convenience and Necessity No. 20124 in Hays County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and order with changes as recommended, RM//KW. All Agree
Item 2. TNRCC Docket No. 2001-1275-SLG. Consideration of Motions to Overturn filed by Lower Colorado River Authority, State Representative Dawnna Dukes, Travis County Judge Samuel T. Biscoe, Blackland Prairie Concerned Citizens Association, et al., Reed Moore, Aqua Water Supply Corporation, Mahon and Susan Garry, David and Nora Jane Day, Terry and Linda Johnson, George and Ruth King, Gary Johnson, and CAPTEX, Inc. concerning the Executive Director's issuance of Sludge Registration No. 710855 to CAPTEX, Inc. on September 20, 2001. Sludge Registration No. 710855 authorizes wastewater and water treatment plant sludge and domestic septage to be beneficially land applied on 100 acres within a 156.874 acre site located adjacent to the north side of Skog Lane, approximately 7.2 miles northeast of the intersection of Farm-to-Market Road 1100 and U.S. Highway 290 in Travis County, Texas.
Set aside registration and remand to Executive Director, RH/RM. All Agree


ADDENDUM TO AGENDA

Wednesday, December 19, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 3. Docket No. 2001-0121-DIS. Motion for Rehearing filed by City of Fort Worth regarding the application by Johnson County Rural Water Supply Corporation to convert to a special utility district; in particular, the Commission will consider the Executive Director's response to the motion requesting that the Commission (1) set aside its Orders approving the application and (2) remand the matter to the Executive Director (Johnson, Hill, Tarrant, and Ellis Counties).
Set aside orders and remand to ED for Notice Issues, RM/RH. All Agree