AGENDA

Wednesday, April 10, 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, April 10, 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. 2001-1586-MSW. Consideration of Permit Application No. 2284 by the City of El Paso for a permit for a new Type I municipal solid waste landfill facility. The permit will authorize the City of El Paso to construct a landfill that will accept municipal solid waste from municipal, community, commercial, industrial and recreational activities; municipal solid waste resulting from construction or demolition projects; and approved special wastes. The facility is to be located on a 311 acre site located approximately 0.25 miles east of the intersection of Interstate Highway 10 and Farm-to-Market Road 1110, in El Paso 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. (Hans Mueller, Todd Galiga)
Grant Hearing Request of Lucy Falcon, Alicia Rivera; directed the SOAH Judge to hear issues related to compliance history; land uses; site geology; groundwater contamination and runoff control; the site operating plan; endangered species; roads; health risks from exposure to windblown waste, air contaminants; water runoff and vectors; methane gas; and public nuisance issues which may affect neighboring residents; and specified that the duration of hearing is eight months. RH/KW. All Agree
Item carried forward from Agenda of March 27, 2002.
Item 2. Docket No. 2002-0183-WR. Consideration of water use permit application No. 5700, submitted by Brien O'Connor Dunn (Fennessey Ranch) for a new permit (proposed Water Use Permit No. 5700), to authorize the applicant to construct and maintain an earthen levee in the eastern portion of Fennessey Flats, which includes an existing natural depression and wetland area in the flood plain of the Mission River, San Antonio-Nueces Coastal Basin. The proposed levee will be approximately six miles southeast of Refugio, in Refugio County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment, and the Executive Director's Response to Comments. (Michael Hughes, Ted Ground)
Deny hearing request issue permit and adopt Executive Director's response to Comments, RM/RH. All Agree
Item carried forward from Agenda of March 27, 2002.
Item 3. Docket No. 2002-0166-MWD. Consideration of permit application submitted by Harvard Estates for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14160-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 0.08 million gallons per day in the interim phase and a daily average flow not to exceed 0.16 million gallons per day in the final phase. The plant site is located on County Road 59, approximately 1.5 miles west of Texas State Highway 288 in Brazoria County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Anthony Tatu, Firoj Vahora)
Deny hearing request, and Issue permit, adopt Executive Director's response to comments, RH/RM. All Agree
Item carried forward from agenda of March 13, 2002 and March 27, 2002.
Item 4. 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)
Approve publication and hearing, RH/KW. All Agree
Item carried forward from Agenda of March 27, 2002.
Item 5. Docket No. 2002-0179-RUL. Consideration for publication of the following proposed new and amended sections of 30 TAC Chapter 328, Waste Minimization and Recycling; Chapter 330, Municipal Solid Waste; and Chapter 332, Composting.
Amended:
Section 328.8 Recordkeeping and Reporting Requirements
Section 330.2 Definitions
Section 332.3 Applicability
Section 332.4 General Requirements
Section 332.23 Operational Requirements
Section 332.33 Required Forms, Applications, Reports, and Request to Use the Sludge Byproduct of Paper Production
Section 332.43 Required Forms, Applications, and Reports
New:
Section 328.2 Definitions
Section 328.3 General Requirements
Section 328.4 Limitations on Storage of Recyclable Materials
Section 328.5 Reporting and Recordkeeping Requirements
These new and amended sections would address the requirements of House Bill 2912, Article 9, Section 9.03, 77th Legislature, 2001, by amending Chapter 328 to establish the justification for recycling facility exemptions from registration and permit requirements under Chapter 330; amending Chapter 330 to add the term source-separated recyclable material and amending the term storage; and amending Chapter 332 to establish the requirements for recordkeeping, reporting requirements, and limitations on the storage of recyclable material. (Michael Bame, Ada Lichaa, John Williams) (Rule Log No. 2001-081-328-WS)
Approve publication of new and amended sections, RM/RH. All Agree


HUSTON
MARQUEZ
WHITE

AGENDA

Wednesday, April 10, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 1. Docket No. 2001-0755-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Gary Wrede and Basil Banister dba BBB Fertilizer Company in Collin County; Air Account No. CP-0236-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. (Jorge Ibarra, P.E., Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 2. Docket No. 2001-1216-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Columbia Industries, Inc. in Bexar County; Air Account No. BG-0065-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. (Gloria Stanford, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 3. Docket No. 2001-0773-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of DSC Drilling Specialties Company LLC in Montgomery County; Air Account No. MQ-0023-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. (Rebecca Johnson, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2001-1106-AIR-E. Consideration of an Agreed Order assessing administrative penalties against KCS Medallion Resources, Inc. in Harris County; Air Account No. HX-2269-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. (Tel Croston, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2001-0858-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oiltanking Beaumont Partners, LP in Jefferson County; TNRCC Air Account No. JE-0010-O; 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. (Susan Kelly, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2001-0515-AIR-E. Consideration of an Agreed Order assessing administrative penalties against United Galvanizing, Inc. in Harris County; Air Account No. HG-1153-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. (Carol Harkins, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2001-0897-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aggregate Plant Products Co. dba Besser Appco in Bexar County; Air Account No. BG-0249-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. (Rebecca Clausewitz, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2001-1055-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Coastal States Crude Gathering Company in Brazoria County; Air Account No. BL-0315-R; 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, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2001-1225-AIR-E. Consideration of an Agreed Order assessing administrative penalties against AGP LC dba AGP Refineries LC in Grayson County; Air Account No. GI-0003-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. (Judy Fox, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2001-1227-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Western Extrusions Corporation dba High Performance Coating in Dallas County; Air Account No. DB-0343-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. (Judy Fox, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2001-0986-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Skeeter Products, Inc. in Gregg County; Air Account No. GJ-0045-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. (Carolyn V. Lind, Sheila Smith)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2001-0511-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Midcoast Gas Services, Inc. in Roberts and Hemphill Counties; Air Account Nos. RH-0010-G and HL-0004-E; 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, Sheila Smith)
Issue agreed order, RH/RM. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS
Item 13. Docket No. 2001-1179-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Davis Spring Properties, Ltd. in Williamson County; Edwards Aquifer Protection Program No. 01032802A; for Edwards Aquifer Protection Program violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Michelle Harris)
Issue agreed order, RM/RH. All Agree
Item 14. Docket No. 2001-0577-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wal-Mart Stores, Incorporated in Williamson County; Edwards Aquifer Protection Program No. 00103101; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Michelle Harris)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2001-0705-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KMCO, L.P. in Harris County; Solid Waste Registration No. 31904; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 361 and 370, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Sherman, Sandy Vancleave)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2001-0482-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gulf Coast Waste Disposal Authority in Harris County; Water Quality Permit No. 01740-000; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Michelle Harris)
Issue agreed order, RH/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2001-0841-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Bonham in Fannin County; MSW Permit No. 1303; 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. (Thomas Greimel, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2001-0630-MSW-E. Consideration of an Agreed Order assessing administrative penalties against O'Rourke Dist. Co. Inc. in Harris County; Used Oil Handler Registration No. A85068; 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. (Bill Davis, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2000-0874-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Orange County Water Control and Improvement District No. 1 in Orange County; TNRCC Water Quality Permit No. 10875-001 (NPDES Permit No. TX0023795) and TPDES Permit No. 10875-004; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy, Michelle Harris)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 2001-0373-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Hubbard in Hill County; TPDES Permit No. 10534-001; 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. (James Jackson, Michelle Harris)
Remanded to Executive Director, RH/RM All Agree
ON SITE SEWAGE FACILITY INSTALLERS ENFORCEMENT AGREED ORDERS
Item 21. Docket No. 2001-1108-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Harold J. Smith, III in Morris County; On-Site Sewage Facility Installer No. OS5702; for certification violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Michelle Harris)
Issue agreed order, RH/KW. All Agree
Item 22. Docket No. 2001-0360-OSI-E. Consideration of an Agreed Order assessing administrative penalties against William Whatley dba Precision Commercial Plumbing, Inc. in Bell County; Installer Registration No. OS5954; for on-site sewage installation violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell, Michelle Harris)
Issue agreed order, RH/KW. All Agree
Item 23. Docket No. 2001-0905-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Oscar Graham dba South Texas Wastewater Treatment in Bandera County; Installer ID No. OS283; for certification violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley, Michelle Harris)
Issue agreed order, RH/KW. All Agree
ON SITE SEWAGE FACILITY AUTHORIZATION ENFORCEMENT AGREED ORDER
Item 24. Docket No. 2001-0913-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terry Pearce in Hamilton County; OSSF Installer No. OS6216; for on-site sewage installation violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding, Michelle Harris)
Issue agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2000-1395-PST-E. Consideration of an Agreed Order assessing administrative penalties against Madanco Corporation dba Shopper's Mart #10 and dba Chevron's Food Mart in Galveston County; TNRCC ID Nos. 0035090 and 0069345; for petroleum storage tank violations pursuant to chs 7 and 26 of the Tex. Water Code, ch 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Robin Chapman)
Issue agreed order, RH/RM. All Agree
Item 26. Docket No. 2001-1380-PST-E. Consideration of an Agreed Order assessing administrative penalties against Groendyke Transport, Inc. in Lubbock County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 2001-1039-PST-E. Consideration of an Agreed Order assessing administrative penalties against Nolan Oil Company, Incorporated in Jasper County; TNRCC ID No. NONE; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Barry, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2001-0835-PST-E. Consideration of an Agreed Order assessing administrative penalties against RFK Enterprises, Inc. dba Food Spot #5 in Orange County; Petroleum Storage Tank Facility ID No. 0044519; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Barry, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2001-0714-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Shaukat R. Sunesara dba JR's Minute Maid in Harris County; PST Facility ID No. 0014101; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina Grieco, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 30. Docket No. 2001-1424-PST-E. Consideration of an Agreed Order assessing administrative penalties against Frontier Fuel Co. in Moore County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Ronnie Kramer, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 2001-0593-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Motiva Enterprises LLC dba Texas City Shell in Galveston County; PST Facility ID No. 0017673; for petroleum storage tank 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. (Gloria Stanford, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 2001-0943-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sumrall Distributing Co., Inc. in Smith County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Sandy VanCleave)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 2000-0965-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shukran Inc., dba Amigo Mart in Galveston County; TNRCC ID No. 0011954; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, chs. 341 and 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Robin Chapman)
Remand to Executive Director, RH/RM. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 34. Docket No. 2001-0642-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Nico-Tyme Water Co-Op, Inc. in Bexar County; Public Water Supply No. 0150486; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Michelle Harris)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 2001-0923-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Cynthia Kovacevich dba Maryland Day Care & Preschool in Galveston County; Public Water Supply ID No. 0840225; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris)
Issue agreed order, RM/RH. All Agree
Item 36. Docket No. 2001-0566-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carrington Associates, Inc. in Cooke County; Public Water Supply No. 0490020; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak, Michelle Harris)
Issue agreed order, RM/RH. All Agree
Item 37. Docket No. 2001-0271-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Stallion Springs, Inc. in Comal County; Public Water System No. 0460179; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Brian Lehmkuhle, Michelle Harris
Issue agreed order, RM/RH. All Agree
Item 38. Docket No. 2001-0313-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lakeview Water Co-Op in Denton County; Public Water Supply 0610232; 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. (Wendy Cooper, Michelle Harris)
Remanded to Executive Director
Item 39. Docket No. 2001-1068-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harbor Grove Water Supply Corporation in Denton County; Public Water Supply Facility ID No. 0610045; 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. (Judy Fox, Michelle Harris)
Issue agreed order, RM/RH. All agree
Item 40. Docket No. 2001-1135-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Duke and Long Distributing Co., Inc. dba Everyday Stores #5209 in Travis County; Public Water Supply No. 2270215; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Michelle Harris)
Issue agreed order, RM/RH. All agree
EMERGENCY ORDER TO AFFIRM, MODIFY, OR SET ASIDE
Item 41. Docket No. 1999-0587-PWS-E. Consideration of whether to affirm, modify, or set aside an Emergency Order issued on March 18, 2002 by the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) pursuant to Tex. Water Code chs. 5.501, 5.507 and 13.4132. The Emergency Order requires McCoy Water Supply Corporation to act as the temporary manager of the Campbellton Water Works, Inc. water system, located off of Farm to Market Road 791, west of the railroad tracks, in Campbellton, Atascosa County, and to provide continuous and adequate water service to the customers of the Campbellton Water Works, Inc. water system. (James P. Biggins)
Affirm, and modify in part, RH/KW. All Agree
MISCELLANEOUS AGENDA ITEM
Item 42. Docket No. 2002-0353-MIS. Consideration of issues which may be voted upon at the Environmental Council of the States (ECOS) Spring 2002 Meeting in Madison, Wisconsin on April 23 - 25, and consideration of other, related issues. (Linda Haynie)
Authorize Robert Huston and Ralph Marquez to represent the State of Texas as voting members, RH/RM. All Agree
TEMPORARY ORDERS
Item 43. Docket No. 2002-0328-WQ. Consideration of a Request by The City of Lubbock for a Temporary Order pursuant to Section 5.509 of the Texas Water Code and 30 Texas Administrative Code ("TAC") Sections 35.301-35.303. The Temporary Order would authorize the increase of disposal of treated domestic wastewater from an annual average flow not to exceed 6 million gallons per day (MGD) currently authorized by permit no.13550-001, to 10 MGD via surface irrigation of approximately 3400 acres known as the (HLAS) in order to reduce the amount of treated domestic wastewater that is disposed of via irrigation at the Lubbock main irrigation site, the Lubbock Land Application Site (LLAS). The land application site is located in the drainage area of Double Mountain Fork of the Brazos River in Segment No. 1241 of the Brazos River Basin. The site has an approximate southern boundary 0.6 miles north of the intersection of Farm-to-Market Road 400 and Farm-to-Market Road 211 (in the City of Wilson), and is bounded by a country road approximately 4.0 miles to the north; the east and west sides of the irrigation site are bounded by parallel county roads two miles apart in Lynn County, Texas. (Anthony Tatu, Mary Ann Airey)
Issue Temporary Order for 270 days, RM/RH. All Agree
Item 44. Docket No. 2002-0329-WQ. Consideration of a Request by The City of Lubbock for a Temporary Order pursuant to Texas Water Code 5.509 and 30 Texas Administrative Code 35.301 - 35.303. The Temporary Order would increase the sodium absorption ratio ("SAR") limit to 25 and would authorize irrigation of other restricted acreage at the Lubbock Land Application Site ("LLAS"). Lubbock's TPDES Permit No. 10353-002 currently has a SAR limit of 10. Lubbock seeks the Temporary Order to help reduce the application rates on other portions of the LLAS. The LLAS is located primarily east of State Highway-Loop 289. The eastern boundary of the main site extends along Farm-to-Market Road 835 and its intersection of Yellow House Canyon to its intersection with Trotter Road and extending north of East 19th Street. The main site has a southern boundary along the north rim of Yellow House Canyon and a northern boundary south and north of East 19th Street. In addition, three non-contiguous effluent application areas are located as follows: 815 acres located 0.75 mile north of the Village of Ransom Canyon and east of the main site; 300 acres located east of Farm-to-Market Road 1729, 0.5 mile south of East 19th Street and 0.5 mile north of 50th Street and approximately 150 acres located north of the Southeast Water Reclamation Plant ("SEWRP") and west of Loop 289. The LLAS is located in Lubbock County, Texas, in the drainage area of North Fork Double Mountain Fork Brazos River that flows into the Double Mountain Fork Brazos River in Segment No. 1241 of the Brazos River Basin. Contact: Todd Burkey, 239-2941. (Todd Burkey)
Issue Temporary Order for 270 days, but deny the part regarding SAR limits, RM/RH. All Agree
RULE MATTERS
Item 45. Docket No. 2002-0260-RUL. Consideration for publication of, and hearing on, the following proposed chapters of 30 TAC: repeal of Chapter 220, Regional Assessments of Water Quality, Subchapter A, Program for Monitoring and Assessment of Water Quality by Watershed and River Basin, Sections 220.1 - 220.7, and Subchapter B, Program for Water Quality Assessment Fees, Sections 220.21 and 220.22; repeal of Chapter 305, Consolidated Permits, Subchapter M, Waste Treatment Inspection Fee Program, Sections 305.501 - 305.507; new Chapter 21, Water Quality Fee, Sections 21.1 - 21.4; and new Chapter 220, Regional Assessments of Water Quality, Sections 220.1 - 220.8.
The proposed rules will establish a new methodology for assessing fees as directed by House Bill HB 2912, Sections 3.04 - 3.06, 77th Legislature, 2001, which replaced the existing water quality assessment fee and the waste treatment fee with a new fee. (Chris Hayden, Cory Horan, Debi Dyer) (Rule Log No. 2001-098-220-WT)
Approve publication and hearing with changes as recommended, RH/KW. All Agree
Item 46. Docket No. 2002-0273-RUL. Consideration of publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 1, Purpose of Rules, General Provisions; Chapter 39, Public Notice; and Chapter 116, Control of Air Pollution by Permits for New Construction or Modification:
New:
Section 1.12, Summary for Public Notices
Section 116.1042, Notice of Final Action
Amended:
Section 39.403, Applicability
Section 39.405, General Notice Provisions
Section 39.501, Application for Municipal Solid Waste Permit
Section 39.503, Application for Industrial or Hazardous Waste Facility Permit
Section 116.1011, Multiple Plant Permit Application
Section 116.1040, Multiple Plant Permit Public Notice
Section 116.1041, Multiple Plant Permit Public Comment Hearings
Section 116.1050, Multiple Plant Permit Application Fee
The proposed new and amended sections would implement provisions of House Bill (HB) 2912 (an act relating to the continuation and functions of the Texas Natural Resource Conservation Commission; providing penalties), Sections 1.12 and 2.01; HB 2947 (an act relating to the posting of notice for water discharge permits); and Senate Bill 688 (an act relating to requirements for public notice and hearing on applications for certain permits that may have environmental impact); enacted by the 77th Legislature, 2001. The proposal includes certain requirements relating to the content of public notices; public meetings for facilities that accept municipal solid waste; newspaper publications; and public notices and other procedures for multiple plant permits. (Lydia Gonzalez-Gromatzky/Ray Austin) (Rule Log No. 2001-028-039-AD)
Approve publication and hearing, RM/KW. All Agree
Item 47. Docket No. 2002-0274-RUL. Consideration for publication of, and hearing on, proposed amended Section 101.1; repealed Sections 101.6, 101.7, 101.11, 101.12, and 101.15 - 101.17; and new Sections 101.201, 101.211, 101.221 - 101.224, and 101.231 - 101.233 of 30 TAC Chapter 101, General Air Quality Rules; and corresponding revisions to the state implementation plan. This proposal would implement House Bill 2912, Section 5.01 and Section 18.14, 77th Legislature, 2001, concerning emissions events; and partially reformat Chapter 101 by creating new Subchapter F, concerning Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities. (Troy Dalton, 239-1541, Alan Henderson 239-1510) (Rule Log No. 2001-075-101-AI)
Approve publication and hearing with modifications regarding reportable quantities, RH/RM. All Agree
Item 48. Docket No. 2002-0323-RUL. Consideration for publication of, and hearing on, the following proposed sections of 30 TAC Chapter 312, Sludge Use, Disposal, and Transportation, Subchapter A, General Provisions.
Repeals: Sections 312.4 - 312.12
New: Sections 312.4 - 312.12
Amendment: Section 312.13
This proposed rulemaking to Chapter 312 implements HB 2912, Section 9.05, which requires that Class B sewage sludge only be land applied at permitted (as opposed to registered) facilities after September 1, 2003. Based on the legislation, a fee schedule for applications and certain requirements for the permits are proposed. Not related to legislative implementation, the rulemaking also proposes: to allow the executive director to deny notice of intent for marketing and distributing, storing, or land applying Class A sewage sludge; handling of fees for permitted facilities; and more stringent soil sampling criteria for sites to be registered or permitted. (Shanker Tangirala, Guy Henry, Joseph Thomas) (Rule Log No. 2001-083-312-WT)
Approve publication and hearing with changes, RM/RH. All Agree
Item 49. Docket No. 2001-1528-RUL. Consideration for adoption of amended Section 335.5, Deed Recordation of Waste Disposal, in 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste.
The rulemaking would implement the portion of House Bill 3355, 77th Legislature, 2001, that prohibits the commission from requiring a landowner to deed record the burial of carcasses in the county deed records if the landowner requests and complies with a water quality management plan certified by the Texas State Soil and Water Conservation Board. The proposal was published in the February 1, 2002 issue of the Texas Register (27 TexReg 732). (Kari Bourland, John Deering, Jill Burditt) (Rule Log No. 2001-060-335-WS)
Adopt amendments as recommended, RH/KW. All Agree
Item 50. Docket No. 2001-1057-RUL. Consideration for adoption of the following new and repealed sections of 30 TAC Chapters 7, Memoranda of Understanding; 114, Control of Air Pollution from Motor Vehicles; and 305, Consolidated Permits:
New Section
7.119 - Memorandum of Understanding Between the Texas Department of Transportation and the Texas Natural Resource Conservation Commission
Repealed Sections
114.250 - Memorandum of Understanding with the Texas Department of Transportation
305.521 - Adoption of Memorandum of Understanding by Reference
The new section and repeals will consolidate memoranda of understanding (MOU), which is adopted by reference in Chapters 114 and 305 into new Section 7.119. Additionally, Texas Transportation Code, Section 201.607 requires that an MOU exist between the Texas Department of Transportation and natural resource agencies to coordinate review of the environmental effect of a highway project. New Section 7.119 and the repeal of Section 114.250 will be submitted to the United States Environmental Protection Agency as revisions to the state implementation plan. The proposed rules were published in the October 26, 2001 issue of the Texas Register (26 TexReg 8477). (David Parmer/Debi Dyer) (Rule Log No. 2001-102-007-AD)
Adopt amendments as recommended, RH/RM. All Agree
Item 51. Docket No. 2002-0147-RUL. Consideration for the publication of, and hearing on, a notice of intention to review and readopt 30 TAC Chapter 90, Regulatory Flexibility and Environmental Management Systems, with the following proposed amended sections:
Section 90.1 - Purpose
Section 90.10 - Application for a Regulatory Flexibility Order
This review is in accordance with Texas Government Code, Section 2001.039 (added by Acts 1999, 76th Legislature, Chapter 1499, 1.11(a)), which requires state agencies to review and consider for readoption each of their rules every four years. The amendments implement changes to Texas Water Code (TWC), Section 5.123, relating to Regulatory Flexibility, enacted by House Bill 2912, Section 4.02, 77th Legislature, 2001. The legislation redesignated the section as TWC, Section 5.758, relating to Regulatory Flexibility, and requires that applications for regulatory flexibility orders clearly demonstrate that the requested variances are more protective than the current requirements of rule or law. (Joseph Thomas, Jason Haas) (Rule Log No. 2001-073-090-AD)
Approve publication and hearing, RH/KW. All Agree
EXECUTIVE SESSION
Item 52. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 53. 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 54. 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.


AGENDA

Wednesday, April 10, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-1375-PST-E; SOAH Docket No. 582-00-0433. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding alleged enforcement action against Cougar Stop, Inc. dba Texas City Conoco, for violations related to the operation of a convenience store which also sold gasoline and included an Underground Storage Tank system for the gasoline product. This facility is located in Galveston County, Texas.
Issue Proposal for Decision and proposed order with changes as requested by Executive Director, RH/RM. All Agree