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AGRICULTURAL ENFORCEMENT AGREED ORDER |
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| Item 1. |
Docket No. 2000-0765-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Michael Stubbs dba
Michael Stubbs Dairy in Hopkins County; TNRCC ID No. None; 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. (Shannon Strong) |
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| Issue agreed order, RH/KW. All Agree |
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AIR ENFORCEMENT AGREED ORDERS |
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| Item 2. |
Docket No. 2001-0854-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of The Dow Chemical
Company in Brazoria County; Air Account No. BL-0023-K; for air quality
violations pursuant to Tex. Health & Safety Code chs. 341, 370, and 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Catherine Albrecht, Miriam Hall) |
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| Issue agreed order, RM/KW. All Agree |
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| Item 3. |
Docket No. 2001-0510-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Jordan Paving Corporation in Childress County;
Air Account Nos. 94-4948-A and 94-1657-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. (Ronnie L. Kramer, Miriam Hall) |
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| Issue agreed order, RM/KW. All Agree |
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| Item 4. |
Docket No. 2001-1051-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Orville Harris dba Funliner Auto Sales in Tarrant
County; Air Account No. TA-1534-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. (Judy Fox, Miriam Hall) |
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| Issue agreed order, RM/KW. All Agree |
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STATE IMPLEMENTATION PLAN |
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| Item 5. |
Docket No. 2002-0213-AIR. Consideration for approval of agreements with the TXU
Generation Company, LP (TXU Genco), through its General Partner TXU
Generation Management Company LP, and ExTex LaPorte, LP (ExTex) through
its General Partner Exelon Peaker Development Corporation, LLC. The
agreements would make enforceable an agreement between TXU Genco and ExTex
to comply with the limits on emissions of nitrogen oxides from electric generation
plants set forth in the TXU Generation Company, LP NOx RACT Final Control Plan,
dated March 30, 2001 and revised October 22, 2001, submitted to TNRCC pursuant to
30 TAC 117.115. The plants are Collin Steam Electric Station, Frisco, Collin
County; Eagle Mountain Steam Electric Station, Ft. Worth, Tarrant County;
Handley Steam Electric Station, Ft. Worth, Tarrant County; Lake Hubbard Steam
Electric Station, Mesquite, Dallas County; Mountain Creek Steam Electric Station,
Dallas, Dallas County; North Lake Steam Electric Station, Coppell, Dallas County;
North Main Steam Electric Station, Ft. Worth, Tarrant County; and Parkdale Steam
Electric Station, Dallas, Dallas County, Texas. (John Minter) |
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| Approve agreement as recommended by staff, RM/KW. All Agree |
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
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| Item 6. |
Docket No. 2001-1097-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Coastal Plating Company in
Nueces County; Solid Waste Registration No. 36464; 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. (Carol
McGrath, Craig Fleming) |
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| Issue agreed order, RH/RM. All Agree |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER |
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| Item 7. |
Docket No. 2001-0750-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mobeen Aslam and Aries
Associates, Incorporated in Tarrant County; PST Facility No. 0063159; for
petroleum storage tank 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, Craig Fleming) |
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| Issue agreed order, RH/RM. All Agree |
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PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER |
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| Item 8. |
Docket No. 2001-0522-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Georgetown in
Williamson County; TNRCC PWS No: 2460001; for public drinking water
violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the
Texas Natural Resource Conservation Commission. (Shannon Strong) |
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| Issue agreed order, RH/RM. All Agree |
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DISTRICT MATTERS |
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| Item 9. |
Docket No. 2001-1296-DIS. Consideration of a Proposed Order Approving the
Petition of RH of Texas Limited Partnership, a Maryland Limited Partnership, a
landowner, for dissolution of Harris County Municipal Utility District No. 52
(District). For Commission consideration. The Petitioner requests the Commission
dissolve the District pursuant to Tex. Water Code, Sections 49.321 to 49.327.
(TNRCC Internal Control No. 10102001-D03, Rob Cummins) |
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| Reposted as Item #24 |
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| Item 10. |
Docket No. 2001-0779-DIS. Consideration of a Proposed Order Approving the
Application by Sienna Plantation Municipal Utility District No. 1 for Approval of a
Fire Protection Plan. For Commission consideration. Applicant requests approval of
the fire protection plan and approval of contract providing fire protection services.
(TNRCC Internal Control No. 06182001-001, Rob Cummins) |
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| Reposted as Item ##25 |
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| Item 11. |
Docket No. 2001-0780-DIS. Consideration of a Proposed Order Approving the
Application by Sienna Plantation Municipal Utility District No. 2 for Approval of a
Fire Protection Plan. For Commission consideration. Applicant requests approval of
the fire protection plan and approval of contract providing fire protection services.
(TNRCC Internal Control No. 06182001-002, Rob Cummins) |
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| Reposted as Item #26 |
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| Item 12. |
Docket No. 2001-0781-DIS. Consideration of a Proposed Order Approving the
Application by Sienna Plantation Municipal Utility District No. 3 for Approval of a
Fire Protection Plan. For Commission consideration. Applicant requests approval of
the fire protection plan and approval of contract providing fire protection services.
(TNRCC Internal Control No. 06182001-003, Rob Cummins) |
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| Reposted as Item #27 |
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WATER RIGHTS |
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| Item 13. |
Docket No. 2002-0185-WR. Consideration of a joint motion and agreed order
requested by the City of Dallas, Park Cities Municipal Utility District, City of
Grapevine, and the Executive Director. The agreed order would amend the City of
Dallas' Permit No. 5414 which authorizes diversion of 40,000 acre feet of water from
the Elm Fork in the Trinity River in Dallas County, Certificate of Adjudication No.
08-2458 which authorizes diversion of 85,000 acre feet of water out of Lake
Grapevine, the City of Grapevine's Certificate of Adjudication No. 08-2362 which
authorizes diversion of 26,250 acre feet out of Lake Grapevine, and Park Cities
Certificate of Adjudication No. 2363 which authorizes diversion of 50,000 acre feet of
water out of Lake Grapevine. Lake Grapevine is on the Elm Fork of the Trinity River
in Tarrant and Dallas Counties. The amendments to the Certificates provide how the
water in Lake Grapevine will be accounted for and who will do the accounting, and
change the conservation plan provision of Certificate of Adjudication No. 2363 to
delete a yearly report requirement. Under the agreed order, Permit No. 5414 would be
issued as a permanent water right with special provisions restricting when the water
may be taken. (Herman Settemeyer, Robin Smith) |
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| Continued to March 27, 2002 |
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RULE MATTERS |
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| Item 14. |
Docket No. 2002-0001-RUL. Consideration for publication of, and hearing on, the
following proposed amended and new sections of 30 TAC Chapter 5, Advisory
Committees; and Chapter 20, Rulemaking: Amended: Section 5.1, Purpose; Section
5.2, Definitions; Section 5.3, Creation and Duration of Advisory Committees; Section
5.4, Purpose and Duties of Advisory Committees; Section 5.5, Composition of
Advisory Committees; Section 5.7, Membership; Section 5.10, Presiding Officer;
Section 5.14, Records; Section 20.19, Working Groups. New: Section 5.20,
Definitions; Section 5.21, Duration of Advisory Groups; Section 5.22, Purpose and
Duties of Advisory Groups; Section 5.23, Composition of Advisory Groups; Section
5.24, Membership; Section 5.25, Attendance; Section 5.26, Manner of Reporting;
Section 5.27, Meetings; Section 5.28, Commission Monitoring and Records. These
proposed revisions to Chapter 5 and Chapter 20 implement House Bill (HB) 2912,
77th Legislature, 2001, Section 1.10, which amended Texas Water Code, Subchapter
D, Chapter 5, Section 5.107, relating to Advisory Councils; and HB 2914, 77th
Legislature, 2001, Sections 45 - 52, which amended Texas Government Code, Chapter
2110, relating to State Agency Advisory Committees. Chapter 5 would change the
title of the chapter from Advisory Committees to Advisory Committees and Groups to
cover advisory committees, work groups, task forces, stakeholder groups, and groups
of other designations frequently used by the agency and would require the agency to
make reasonable attempts to have balanced representation; monitor the composition
and activities; and maintain information in a form and location that is easily accessible
to the public, including making the information available on the commission's website.
In addition, Chapter 5 would specify that an advisory committee created by the
commission shall be automatically abolished in accordance with Texas Government
Code, Section 2110.008(b), which provides that unless the state agency, by rule,
designates a different date on which the committee will be automatically abolished,
the committee is automatically abolished on the later of September 1, 2005, or the
fourth anniversary of the date of its creation. Revisions to Chapter 20 would change
the title of Section 20.19 from Working Groups to Working Committees and Groups
and would add a sentence to require that selection and appointment of any working
groups or persons to advise the commission on rulemaking adhere to the process
established under Chapter 5. (Debra Barber, Hector Mendieta, Terri Seales) (Rule
Log No. 2001-068-005-AD) |
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| Continued to March 27, 2002 |
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| Item 15. |
Docket No. 2002-0178-RUL. Consideration for publication of the following
amended section of 30 TAC Chapter 330, Municipal Solid Waste: Amended Section
330.4 - Permit Required. |
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The proposed amendment to Chapter 330 would address the requirements in House
Bill 2912, Article 9, Sections 9.03 and 9.04, and Article 17, Section 17.01, 77th
Legislature, 2001. Section 9.03 requires the commission to ensure solid waste
processing facilities are regulated as solid waste facilities and are not allowed to
operate unregulated as recycling facilities. Section 9.04 requires any municipal solid
waste landfill that has either stopped accepting waste, or only accepted waste due to
an emergency authorization, for a period of five years or longer, to obtain a permit
amendment before it can be reopened to accept waste again. Section 17.01 allows
veterinarians to dispose of animal remains by burial and/or burning under limited
circumstances. (Michael Bame, Todd Galiga, Wayne Lee) (Rule Log No.
2001-082-330-WS) |
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| Approve publication of the amendments, with changes, RH/KW. All Agree |
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| Item 16. |
Docket No. 2001-0154-RUL. Consideration for publication of, and hearings on, the
following proposed amended sections of 30 TAC Chapter 213, Edwards Aquifer; and
30 TAC Chapter 331, Underground Injection Control: Amended Section 213.3 -
Definitions; Amended Section 213.8 - Prohibited Activities; Amended Section 331.3 -
Injection Prohibited. |
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These proposed revisions to Chapters 213 and 331 implement Senate Bill 2, Section
11.03, 77th Legislature, 2001, by prohibiting the authorization by the commission of
any injection well that transects or terminates in the Edwards Aquifer, except for
injection of groundwater withdrawn from the Edwards Aquifer or injection of storm
water, groundwater, or flood water through improved sinkholes or caves located in
karst topographic formations. (Joseph Thomas) (Rule Log No. 2001-093-331-WS) |
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| Remanded to Executive Director |
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| Item 17. |
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 Sections 285.10, Delegation to Authorized Agents;
285.12, Review of Locally Administered Programs; and 285.33, Criteria for Effluent
Disposal Systems; and New Sections 285.13, Revocation of Authorized Agent
Delegation; and 285.14, Charge-back Fee. These proposed new and amended sections
would incorporate the charge-back fee provisions from House Bill 2912, §3.09, 77th
Legislature, 2001; would more clearly define the process the executive director would
have to follow when reviewing and revoking an authorized agent's delegated
authority; and would add language to the rule that allows tire chips up to three inches
as measured at their greatest dimension to be used as media in standard absorptive
drainfields. (Kathy Ramirez, Warren Samuelson, Kathy Brown) (Rule Log No.
2001-101-285-WT) |
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| Approve Publication and Hearing, RH/RM. All Agree |
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| Item 18. |
Docket No. 2001-1281-RUL. Consideration for adoption of amended Sections
101.302 and 101.372, and new Sections 101.338 and 101.357 in 30 TAC Chapter
101, General Air Quality Rules, and corresponding revisions to the state
implementation plan (SIP). |
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The new adopted Section 101.357 would apply in the Houston/Galveston and the
Dallas/Fort Worth ozone nonattainment areas to allow substitution of nitrogen oxides
emissions reductions accomplished under the Texas Emissions Reduction Plan for
reductions otherwise required under the rules of the commission and the SIP. New
Section 101.338 and amended Sections 101.302 and 101.372 would allow substitution
of emission reductions of criteria pollutants accomplished outside the United States
for reductions of such pollutants within Texas if the executive director and the United
States Environmental Protection Agency determine that the substitution will result in
greater overall air quality benefit to the area. The proposed rules were published in
the November 23, 2001 issue of the Texas Register (26 TexReg 9513).
(BeecherCameron, Alan Henderson) (Rule Log No. 2001-063-101-AI) |
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| Approve amended Sections, RM/RH. All Agree |
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| Item 19. |
Docket No. 2001-1129-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 334, Underground and Aboveground Storage Tanks: |
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Section 334.2 |
Definitions |
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Section 334.3 |
Exemptions from Underground Storage Tanks (USTs) and UST
Systems |
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Section 334.5 |
General Prohibitions for Underground Storage Tanks (USTs) and
UST Systems |
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Section 334.6 |
Construction Notification for Underground Storage Tanks |
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Section 334.8 |
Certification for Underground Storage Tanks and UST Systems |
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Section 334.12 |
Other General Provisions |
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Section 334.45 |
Technical Standards for New Underground Storage Tank Systems |
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Section 334.47 |
Technical Standards for Existing Underground Storage Tank
Systems |
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Section 334.50 |
Release Detection |
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Section 334.54 |
Temporary Removal From Service |
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Section 334.71 |
Applicability |
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Section 334.82 |
Public Participation |
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Section 334.201 |
Purpose and Applicability |
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Section 334.301 |
Applicability of this Subchapter |
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Section 334.302 |
General Conditions and Limitations Regarding Reimbursement |
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Section 334.303 |
When to File Application |
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Section 334. 310 |
Requirements for Eligibility |
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Section 334.313 |
Review of Application |
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Section 334.322 |
Subchapter H Definitions |
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The adopted Chapter 334 rule amendments address the requirements of House Bill
(HB) 2687 and duplicative provisions in TNRCC Sunset legislation in HB 2912,
Article 14, 77th Legislature, 2001. These statutory provisions cover several areas that
require rulemaking: the definition of a tank owner in the petroleum storage tank
program was clarified; the scope of compliance self-certification was prospectively
narrowed to exclude tanks containing regulated substances that are not motor fuels;
specific deadlines were attached to the existing general obligations that tank owners
and operators have to perform corrective action activities at leaking petroleum storage
tank sites (LPST), with loss of reimbursement eligibility stemming from missed
deadlines that are the fault of the tank owner or operator (or their agents, etc.); the
long-standing legal fact that a person's liability to perform corrective action at LPST
sites is unrelated to any possible reimbursements that person may be eligible for was
reiterated and emphasized in new statutory provisions; and the Petroleum Storage
Tank Reimbursement (PSTR) Account was extended through September 1, 2006, and
new deadlines were created concerning applications for reimbursement from that
account. Limited regulatory reform, which includes correcting typographical errors
and clarifying affected public notification, is also a component in this rulemaking
package. The proposed rules were published in the November 9, 2001 issue of the
Texas Register (26 TexReg 9034). (Michael Bame,Walt Ehresman, Anton Rozsypal)
(Rule Log No. 2001-039-334-WS) |
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| Approve staff recommendation, RH/KW. All Agree |
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| Item 20. |
Docket No. 2001-1282-RUL. Consideration for adoption of new Section 117.571,
Use of Emissions Reductions Generated from the Texas Emissions Reduction Plan
(TERP) in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds,
and corresponding revisions to the state implementation plan (SIP). |
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|
The new adopted section would apply in the Houston/Galveston and the Dallas/Fort
Worth ozone nonattainment areas to allow substitution of nitrogen oxides emissions
reductions under the TERP for reductions otherwise required under the rules of the
commission and the SIP. The proposed rules were published in the November 23,
2001 issue of the Texas Register (26 TexReg 9519). (Beecher Cameron, Alan
Henderson) (Rule Log No. 2001-025d-117-AI) |
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| Approve adoption, RM/RH. All Agree |
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EXECUTIVE SESSION |
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| Item 21. |
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. |
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| No Action Taken |
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| Item 22. |
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. |
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| No Action Taken |
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| Item 23. |
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. |
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| No Action Taken |
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(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. |