AGENDA

Wednesday, March 13, 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

Wednesday, March 13, 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 27, 2002.
Item 1. 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)
Issue agreed order, RH/RM. All Agree


Huston
Marquez
White

AGENDA

Wednesday, March 13, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

AGRICULTURAL ENFORCEMENT AGREED ORDER
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)
Issue agreed order, RH/KW. All Agree
AIR ENFORCEMENT AGREED ORDERS
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)
Issue agreed order, RM/KW. All Agree
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)
Issue agreed order, RM/KW. All Agree
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)
Issue agreed order, RM/KW. All Agree
STATE IMPLEMENTATION PLAN
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)
Approve agreement as recommended by staff, RM/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
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)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER
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)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER
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)
Issue agreed order, RH/RM. All Agree
DISTRICT MATTERS
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)
Reposted as Item #24
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)
Reposted as Item ##25
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)
Reposted as Item #26
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)
Reposted as Item #27
WATER RIGHTS
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)
Continued to March 27, 2002
RULE MATTERS
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)
Continued to March 27, 2002
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.
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)
Approve publication of the amendments, with changes, RH/KW. All Agree
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.
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)
Remanded to Executive Director
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)
Approve Publication and Hearing, RH/RM. All Agree
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).
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)
Approve amended Sections, RM/RH. All Agree
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:
Section 334.2 Definitions
Section 334.3 Exemptions from Underground Storage Tanks (USTs) and UST Systems
Section 334.5 General Prohibitions for Underground Storage Tanks (USTs) and UST Systems
Section 334.6 Construction Notification for Underground Storage Tanks
Section 334.8 Certification for Underground Storage Tanks and UST Systems
Section 334.12 Other General Provisions
Section 334.45 Technical Standards for New Underground Storage Tank Systems
Section 334.47 Technical Standards for Existing Underground Storage Tank Systems
Section 334.50 Release Detection
Section 334.54 Temporary Removal From Service
Section 334.71 Applicability
Section 334.82 Public Participation
Section 334.201 Purpose and Applicability
Section 334.301 Applicability of this Subchapter
Section 334.302 General Conditions and Limitations Regarding Reimbursement
Section 334.303 When to File Application
Section 334. 310 Requirements for Eligibility
Section 334.313 Review of Application
Section 334.322 Subchapter H Definitions
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)
Approve staff recommendation, RH/KW. All Agree
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).
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)
Approve adoption, RM/RH. All Agree
EXECUTIVE SESSION
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.
No Action Taken
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.
No Action Taken
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.
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, March 13, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 24. 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). The Petitioner requests the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No. 10102001-D03; Rob Cummins)
Approve dissolution, RM/KW. All Agree
Item 25. Docket No. 2001-0779-DIS. Consideration of a Proposed Order Approving the Application by Sienna Plantation Municipal Utility District No. 1 of Fort Bend County for Approval of a Fire Protection Plan. Applicant requests approval of the fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 06182001-D01, Rob Cummins)
Approve proposed order, RH/RM. All Agree
Item 26. Docket No. 2001-0780-DIS. Consideration of a Proposed Order Approving the Application by Sienna Plantation Municipal Utility District No. 2 of Fort Bend County for Approval of a Fire Protection Plan. Applicant requests approval of the fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 06182001-D02, Rob Cummins)
Approve proposed order, RH/RM. All Agree
Item 27. Docket No. 2001-0781-DIS. Consideration of a Proposed Order Approving the Application by Sienna Plantation Municipal Utility District No. 3 of Fort Bend County for Approval of a Fire Protection Plan. Applicant requests approval of the fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 06182001-D03, Rob Cummins)
Approve proposed order, RH/RM. All Agree
Item 28. Docket No. 2002-0184-AIR-E. Consideration of an Emergency Shutdown Order requiring BurCo Concrete, Inc. to cease operations of its concrete plant which is operating without the necessary permit, in Montgomery County; TNRCC ID No. 94-2041-E; pursuant to Tex. Water Code 5.5145 which requires the Commission to issue an emergency order suspending operations of a concrete plant that is operating without the necessary permit. Operations may not recommence until the plant obtains the required permit. (Rebecca Nash Petty)
Remand to Executive Director


SECOND ADDENDUM TO AGENDA

Wednesday, March 13, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 29. Docket No. 2001-0879-RUL. Consideration for approval of an agreement with the TXU Generation Company LP, 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 in Rusk County, near Tatum, Panola and Rusk Counties and Monticello Power Plant near Mount Pleasant, Titus County. (Terry Salem, Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Issue agreed order, RM/KW. All Agree
Item 30. 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, Texas Operations in Harrison County, near Longview, Harrison and Gregg Counties, Texas. (Terry Salem, Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Issue agreed order, RM/KW. All Agree
Item 31. 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 Marion County, near Avinger, Cass County; Pirkey Power Plant near Hallsville, Harrison County; and Knox Lee Power Plant in Gregg County, near Longview, Harrison and Gregg Counties, Texas. (Terry Salem, Alan Henderson) (Rule Log No. 2001-026-SIP-AI)
Issue agreed order, RM/KW. All Agree
Item 32. 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 Generation Company LP; 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)
Adopt revisions as recommended, RM/KW. All Agree


AGENDA

Wednesday, March 13, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 1999-0432-IHW-E; SOAH Docket No. 582-00-2100. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding alleged violations that Rheem Manufacturing Company violated the Tex. Water Code by permitting a discharge of industrial solid waste into or adjacent to the waters in the State, and also violated the agency's rules by allowing the improper handling of industrial solid waste. The site is located at 1025 Lockwood Drive in Houston, Harris County, Texas.
Adopted the ALJ's proposed order with the exceptions filed by the Executive Director, except with regard to the culpability enhancement portion of the administrative penalty, RH/RM. All Agree
Item 2. TNRCC Docket No. 2000-0620-AGR; SOAH Docket No. 582-01-0033. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Gerald Oosten for renewal of Texas Pollution Discharge Elimination System (TPDES) Permit No. 03142, to continue to operate a dairy facility as a confined animal feeding operation (CAFO) in Erath County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order with changes as recommended, adopt Ed's Response to Comments, RH/RM. Commissioner White Voted No.