AGENDA

Wednesday, February 27, 2002

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, February 27, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item carried forward from Agenda of February 13, 2002.
Item 1. Docket No. 2000-1182-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of NJB & Sons, Inc. in McLennan County; TPDES Permit No. 10888-001; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Remanded to ED


HUSTON
MARQUEZ
WHITE

AGENDA

Wednesday, February 27, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2002-0091-AIR. Consideration of application by Ennis Tractebel for new Air Quality Permit No. 46665 to authorize the construction of a natural gas fired combined cycle electric generating facility. The proposed facility would be located at 4001 West Ennis Avenue, Ennis, Ellis County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Jim Linville, Garrett Arthur)
Deny hearing request of Mr. Helstrom, but approve hearing request of the 4 remaining requesters and forward to Alternative Dispute Resolution for 4 to 6 weeks, and if mediation fails forward to State Office of Administrative Hearings, to consider limited issue as recommended by Commission, RM/KW. All Agree
Item 2. Docket No. 2002-0031-MWD. Consideration of permit application # 14263-001 submitted by AquaSource Development Company for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14263-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility is located approximately 2,500 feet southwest of the intersection of State Highway 114 and John Day Road in Denton County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Kathy H. Brown, Curtis B. Seaton)
Deny hearing request and approve ED Response to Comments, approve permit, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2001-0480-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of D & H Pump Service, Inc. in El Paso County; TNRCC ID No. EE-2122-O; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Shannon Strong)
Issue agreed order, RM/RM. All Agree
Item 4. Docket No. 1999-1278-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Amoco Oil Company in Galveston County; TNRCC ID No. GB-0004-L; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 5. Docket No. 2001-0210-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Denro Steels, Inc. dba Jindal United Steel Corporation in Chambers County; TPDES Permit No. 01332-000; for water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Laurie Eaves)
Issue agreed order, RM/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 6. Docket No. 2000-0452-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Thomas K. Lane dba Laboratory Testing Supply, CAPCON Division in Henderson County; TNRCC ID No. FO293; for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue default order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 7. Docket No. 1999-0787-MWD-E. Consideration of an Agreed Order assessing administrative penalties against IBP, Inc. in Anderson County; TNRCC Permit No. 01958; 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. (Elisa Roberts)
Issue agreed order, KW/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 8. Docket No. 2000-1241-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Soheb Corporation dba Lasses Food Mart in Bexar County; TNRCC PST Facility No. 39438; LPST Facility ID No. 111109; 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. (Elisa Roberts)
Issue default order, RH/RM. All Agree
Item 9. Docket No. 2001-0287-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Restructure Petroleum Marketing Services, Inc. dba Sea Isle Supermarket in Galveston County; TNRCC ID No. 0046589; 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. (Elisa Roberts)
See Item #26
Item 10. Docket No. 2000-1196-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mariamma Oommen dba Super Stop Mart in Brazoria County; TNRCC ID No. 0058112; 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. (Elisa Roberts)
See Item #27
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER
Item 11. Docket No. 1999-1479-PST-E. Consideration of an Agreed Order assessing administrative penalties against Wigginton Oil Company, Inc. in McCulloch County; TNRCC ID Nos. 42522 & 42523; 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. (Elisa Roberts)
Continued to March 13, 2002, RH/KW. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER
Item 12. Docket No. 2001-0611-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kamping Pleasures, Inc. dba Lake Corpus Christi KOA Kampground in Live Oak County; Public Water Supply No. 1490004; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
EMERGENCY ORDERS TO MODIFY, AFFIRM, OR SET ASIDE
Item 13. Docket No. 1999-1288-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on January 28, 2002 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code 5.501(c)(1) to address the abandonment of a retail public utility (Facility) by James F. Sawyer and South Midland County Water System in Midland County; to ensure continued operation of the Facility; and to provide continuous and adequate service to customers. The Emergency Order re-appointed Phillips Gordon as temporary manager of the Facility. (Gitanjali Yadav)
See item #28
Item 14. Docket No. 2000-1189-PWS-E. Consideration of whether to Affirm, Modify, or Set Aside the Emergency Rate Order issued by the Executive Director, without a hearing, on December 24, 2001 approving the application by John M. Fultz, as Commission appointed temporary manager for Jim and Charlene Perdue dba Mount Pleasant Village Water System, for an emergency water rate increase. The order was issued pursuant to Sections 5.508 and 13.4133, Tex. Water Code and 30 Texas Administrative Code, Section 35.202. The utility serves approximately 81 connections in Montgomery County, Texas. Along with a monthly surcharge of $10.73, the Emergency Rate Order authorizes a rate increase from a monthly base rate including 5,000 gallons of $19.95 per connection to a monthly base rate including zero gallons of $23.00 per connection. The Emergency Rate Order also increases the gallonage charge from $1.00 per 1,000 gallons to $3.00 per 1,000 gallons. The new rates would be effective January 15, 2002 for a period of 15 months or until a final rate is set, whichever occurs sooner. The application states that the rate increase is necessary to ensure the provision of continuous and adequate services to the utility's customers. (John Deering, Michelle Abrams)
Continued to March 27, 2002
MISCELLANEOUS
Item 15. Docket Number 2002-0048-MIS. Consideration to appoint two individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council. (Gary Trim)
Approve staff recommendation, RH/RM. All Agree
RULE MATTERS
Item 16. Docket No. 2001-0122-RUL. Consideration for publication of the following proposed amendments to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste:
Section 335.29 Adoption of Appendices by Reference
Section 335. 67 Marking
Section 335.322 Definitions
Section 335.323 Generation Fee Assessment
The proposed amendments would add three exemption categories for waste generation fees under Section 335.323, including conditional exemptions for characteristically hazardous wastewater transported via hardpiping to a publicly-owned treatment works (POTW) for treatment; Class 1 industrial wastewater transported via hardpiping to a POTW for treatment; and hazardous wastewater generated due to de minimis losses of commercial chemical products at certain facilities and discharged on-site in accordance with a Texas Pollutant Discharge Elimination System permit or transported via hardpiping to a POTW. The proposed amendments to Section 335.29 would reference recent federal amendments to Appendix VII and Appendix VIII of 40 Code of Federal Regulations Part 261, as promulgated in the November 8, 2000 publication of the Federal Register (65 FR 67068). The proposed amendment to Section 335.322 would add a new definition of terminal operation. The proposed amendments to Section 335.67 would reinsert text describing certain requirements for hazardous waste container labeling which was inadvertently deleted in a previous rulemaking. (Michael Bame, Marilyn Querejazu, Don Redmond) (Rule Log No. 2001-103-335-WS)
Approve publication of proposed amendments, RH/RM. All Agree
Item 17. Docket No. 2002-0113-RUL. Consideration for publication of the following proposed amendment and new section in 30 TAC Chapter 290, Public Drinking Water:
Amended - Section 290.251, Purpose, Authority, and Definitions
New - Section 290.261, Reporting on Clothes Washing Machines
The proposed rules implement House Bill 2403, 77th Legislature, 2001, which requires that the commission by rule require appropriate trade associations or other entities to provide certain information related to water consumption factors of certain clothes washing machines to the commission by January 31st of each year and requires the commission to report this information to the legislature not later than February 28th of each year. (Debra Barber) (Rule Log No. 2002-001-290-WT)
Approve publication of proposed amendments, KW/RH. All Agree
Item 18. Docket No. 2001-0146-RUL. Consideration for publication of, and hearing on, new Section 291.145, Preenforcement Threshold of Noncompliance in 30 TAC Chapter 291, Utility Regulations.
The proposed new section would implement provisions of Senate Bill 649 (an act relating to training requirements for applicants for, and recipients of, financial assistance for water and sewer services under the economically distressed areas program), 77th Legislature, 2001, which requires the commission to establish, by rule, criteria to be used to determine if an operating entity needs training. (Elston Johnson, Bob Tinstman, Debi Dyer) (Rule Log No. 2001-052-291-WT)
Approve publication and hearing, RH/KW. All Agree
Item 19. Docket No. 2001-0879-RUL. Consideration for approval of an agreement with the TXU Electric Company and corresponding revisions to the state implementation plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain reductions of local ozone precursor emissions of nitrogen oxides from sources at Martin Lake Power Plant near Tatum, Rusk County and Monticello Power Plant near Mount Pleasant, Titus County. (Terry Salem, Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Remand to ED
Item 20. Docket No. 2001-0878-RUL. Consideration for approval of an agreement with the Southwestern Electric Power Company and corresponding revisions to the state implementation plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain reductions of local ozone precursor emissions of nitrogen oxides from sources at Wilkes Power Plant in Avinger, Cass County; Pirkey Power Plant in Hallsville, Harrison County; and Knox Lee Power Plant in Longview, Gregg County, Texas. (Terry Salem, Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Remand to ED
Item 21. Docket No. 2001-0880-RUL. Consideration for approval of an agreement with the Eastman Chemical Company, Texas Operations and corresponding revisions to the state implementation plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain reductions of local ozone precursor emissions of nitrogen oxides from sources at Eastman Chemical Company in Longview, Harrison County, Texas. (Terry Salem, Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Remand to ED
STATE IMPLEMENTATION PLAN
Item 22. Docket No. 2001-0881-SIP. Consideration for adoption of revisions to the ozone state implementation plan (SIP) concerning Gregg, Harrison, Rusk, Smith, and Upshur Counties in the Northeast Texas area. This SIP revision contains an emissions summary, photochemical modeling results, a rate-of-progress section, and a control strategy including Agreed Orders with Eastman Chemical Company, Texas Operations; TXU Electric Company; and Southwestern Electric Power Company. A public hearings notice of this proposed SIP revision was published in the September 28, 2001 issue of the Texas Register (26 TexReg 7648). (Mike Magee, Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Remand to ED
EXECUTIVE SESSION
Item 23. 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 24. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. 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 25. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
(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, February 27, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201 S

Item 26. Docket No. 2001-0287-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Restructure Petroleum Marketing Services, Inc. dba Sea Isle Supermarket in Galveston County; TNRCC ID No. 0046589; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue default order, RH/RM. All Agree
Item 27. Docket No. 2000-1196-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mariamma Oommen dba Super Stop Mart in Brazoria County; TNRCC ID No. 0058112; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue default order, RH/RM. All Agree
Item 28. Docket No. 1999-1288-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on January 28, 2002 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code 5.501(c)(1) to address the abandonment of a retail public utility (Facility) by James F. Sawyer and South Midland County Water System, Inc. in Midland County; to ensure continued operation of the Facility; and to provide continuous and adequate service to customers. The Emergency Order re-appointed Rodney Mayo as temporary manager of the Facility. (Gitanjali Yadav)
Modify Emergency Order, RH/KW. All agree


AGENDA

Wednesday, February 27, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 1998-1378-OSI-E; SOAH Docket No. 582-01-2454. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the allegation that Harry Trippet violated Tex. Health & Safety Code ch. 366.051(a) by failing to obtain permits and approved plans prior to constructing, repairing, altering, or operating OSSFs. This sewage facility is located in Falls County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order, overrule all exceptions, RH/RM. All Agree
Item 2. TNRCC Docket No. 2000-0622-MSW; SOAH Docket No. 582-01-0412. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of City of Dumas for a major amendment to MSW Permit No. 211-B, for a Type I facility in Moore County, Texas. The commission will also consider timely public comments and the Executive Director's response to such comments, the application, and related filings, exceptions and replies.
Grant Permit with clarification that contaminated runoff will be transported to an authorized facility and with corrections to the Proposal For Decision and Order as recommended by Commission, RM/RH. All Agree