AGENDA

Friday, April 26, 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


AGENDA

Friday, April 26, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUEST
Item 1. Docket No. 2002-0254-MWD. Consideration of permit application # 14267-001, submitted by TEXAS PARKS AND WILDLIFE DEPARTMENT for a new permit (proposed TPDES Permit No. 14267-001), which will authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility will be located approximately 2,000 feet north of the intersection of State Highways 134 and 2198 in Harrison County, Texas. The wastewater treatment facility will serve the Texas Parks and Wildlife Department. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments (Todd C. Burkey/Zdenek Matl)
Deny hearing request, grant the permit and adopt Executive Director's Response to Comments, RM/RH. All Agree
AIR QUALITY ENFORCEMENT DEFAULT ORDER
Item 2. Docket No. 2000-0420-AIR-E. Consideration of a Default Order assessing administrative penalties against Albert Lombardo dba Lombardo Tree Experts in Montgomery County; TNRCC ID No. MQ-0609-V; for air quality violations pursuant to the Texas Clean Air Act, Ch 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue Default Order, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 3. Docket No. 2001-0655-AIR-E. Consideration of an Order terminating a 1969 Agreed Order (Texas Air Control Board Order No. 69-5) between Sid Richardson Carbon Co., near Borger in Hutchinson County, Texas, and the Tex. Air Control Board; TNRCC ID No. HW-0017-R; pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Natural Resources Conservation Commission. (Gitanjali Yadav)
Remanded to Executive Director
Item 4. Docket No. 2001-1083-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso Electric Company in El Paso County; Air Account Nos. EE-0029-T and EE-0157-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. (Bethany Carl, Carl Schnitz)
Continued to May 8, 2002
Item 5. Docket No. 2001-1085-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Crompton Corporation in Fort Bend County; Air Account No. FG-0042-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. (Suzanne Walrath, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 6. Docket No. 2001-1363-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Moritz Chevrolet, Ltd. in Tarrant County; Air Account No. TA-1178-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. (Suzanne Walrath, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 7. Docket No. 2001-1187-AIR-E. Consideration of an Agreed Order assessing administrative penalties against The Wiser Oil Company in Terry County; Air Account No. TD-0049-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 8. Docket No. 2001-1261-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Fernando Martinez dba El Mezquital Auto Sales in Dallas County; Air Account No. DB-5304-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. (Wendy Cooper, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 9. Docket No. 2001-1263-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Pactiv Corporation in Navarro County; Air Account No. NB-0111-S; 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. (Wendy Cooper, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
Item 10. Docket No. 2001-0197-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Domingo Morales dba Morales Plating in Kaufman County; Air Account No. KB-0193-S; 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, Carl Schnitz)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 11. Docket No. 1999-1158-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Intertransport, Incorporated in Hidalgo County; TNRCC SWR ID No. 85918; for industrial and hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, Ch 361 of the Tex. Health & Safety Code, Ch 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue agreed order, RH/KW. All Agree
Item 12. Docket No. 2001-1228-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Big City Crushed Concrete Incorporated in Dallas County; Solid Waste Registration No. F0960; 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. (Judy Fox, Merrilee Gerberding)
Issue agreed order, RH/KW. All Agree
Item 13. Docket No. 2001-0589-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Joe Ivie dba Ivie Trucking & Hog Farm in Navarro County; TNRCC ID No. F0887; industrial & hazardous 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. (Subhash Jain, Merrilee Gerberding)
Issue agreed order, RH/KW. All Agree
Item 14. Docket No. 2001-0694-IHW-E. Consideration of an Agreed Order assessing administrative penalties against U. S. Air Force in Tarrant County; SWR ID No. 65004, HW Permit No. 50289; 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. (Jorge Ibarra, P.E., Merrilee Gerberding)
Issue agreed order, RH/KW. All Agree
Item 15. Docket No. 2001-0789-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W. J. Smith Wood Preserving Company in Grayson County; Solid Waste Registration No. 31332; 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. (Suzanne Walrath, Merrilee Gerberding)
Issue agreed order, RH/KW. All Agree
Item 16. Docket No. 2000-1014-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nuclear Sources and Services, Inc. in Harris County; TNRCC ID No. 50269; SWR No. 38669; for industrial and hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, the Tex. Clean Air Act, ch. 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue agreed order, RH/KW. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 17. Docket No. 2000-0657-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A & A Coating, Inc. in Morris County; TNRCC IHW ID No. 83624; for industrial and hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, ch 361 of the Tex. Health & Safety Code, ch 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue agreed order, RM/KW. All Agree
Item 18. Docket No. 1999-1562-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oiltanking Beaumont Partners, L.P., in Jefferson County; TNRCC Air Account No. JE-0010-O and SWR No. 34710; for industrial and hazardous waste and air quality violations pursuant to chs 361 and 382 of the Tex. Health & Safety Code, chs 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Sumner)
Issue agreed order, RM/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2000-0537-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blue 7 Waste Disposal, Inc. in Hidalgo County; TNRCC ID No. 455150021; for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2001-0744-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blacksher Development Corporation in Orange County; Texas Pollutant Discharge Elimination System Permit No. 13691-001 and Public Water Supply ID No. 1810175; for water quality and drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (John Barry, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2001-0726-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Homer Stevens dba The Farm Country Club in Bandera County; TNRCC ID No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Joseph Daley)
Issue agreed order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 22. Docket No. 2001-0934-PST-E. Consideration of an Agreed Order assessing administrative penalties against Abilene Aero, Inc. in Taylor County; Petroleum Storage Tank Facility ID No. 0000111; 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 Easley, Merrilee Gerberding)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2001-1222-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dixie Oil Company in Bexar 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. (Thomas Greimel, Merrilee Gerberding)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2001-0953-PST-E. Consideration of an Agreed Order assessing administrative penalties against Greg Price and United Petroleum Transports, Inc. in Collin 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. (A. Sunday Udoetok, Merrilee Gerberding)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2001-1011-PST-E. Consideration of an Agreed Order assessing administrative penalties against Riyaz S. Juma dba Get N Go and Shop and Go in Wichita County; Petroleum Storage Tank Facility ID Nos. 0067965 and 0006185; 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 Easley, Merrilee Gerberding)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 26. Docket No. 2001-0761-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Iron Hill Water Corporation in Cherokee County; Public Water Supply ID No. 0370022; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Joseph Daley)
Issue agreed order, RH/KW. All agree
Item 27. Docket No. 2001-0840-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of W. J. Roddy dba Green Tree Estates in Denton County; Public Water Supply No. 0610225; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Thomas Greimel, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 28. Docket No. 2000-1095-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fort Davis Estates, Inc. in Jeff Davis County; Public Water Supply No. 1220015 and Certificate of Convenience and Necessity No. 12309; 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. (Michelle Harris, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 29. Docket No. 2000-1339-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Detroit in Red River County; PWS ID No. 1940003; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 30. Docket No. 2001-0677-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AquaSource Utility, Inc. dba Pine Trails Utility, Inc., The Gap Water Company, Cherokee Point Water Company, Inc., Ingram Water Supply, Inc. dba H2M Water System in Harris, Taylor, Camp, Kerr, and Tarrant Counties; Public Water Supply Nos. 1010535, 2210023, 0320015, 2200341, 2200329, and 1330011 and Certificate of Convenience and Necessity Nos. 10938, 11157, 11993, 11908, and 11728; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Joseph Daley)
Remanded to Executive Director
Item 31. Docket No. 2001-0137-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Louis Manzone dba The Ranch Mobile Home Park in Denton County; Public Water Supply No. 0610162; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, Joseph Daley)
Issue agreed order, RH/KW. All Agree
RESOLUTIONS
Item 32. Docket No. 2002-0442-RES. Commission recognizing the efforts of several members of the Pollution Prevention Advisory Committee. (Ken Zarker)
Remanded to Executive Director
Item 33. Docket No. 2002-0443-RES. Commission appointing members to the Pollution Prevention Advisory Committee.
Remanded to Executive Director
DISTRICT MATTERS
Item 34. Docket No. 2002-0297-DIS. Consideration of a proposed order approving the application by Bayview Municipal Utility District of Galveston County 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. 10012001-D02, Rob Cummins)
Approve staff recommendation, RM/KW. All Agree
Item 35. Docket No. 2002-0298-DIS. Consideration of a proposed order approving the application by Bacliff Municipal Utility District of Galveston County of a Fire Protection Plan. Applicant requests approval of an amended contract providing fire protection services. (TNRCC Internal Control No. 10012001-D01, Rob Cummins)
Approve staff recommendation, RM/KW. All Agree
RULE MATTERS
Item 36. Docket No. 2001-1458-RUL. Consideration for adoption of amended sections in 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter A, Definitions; Subchapter B, General Volatile Organic Compound Sources; Subchapter C, Volatile Organic Compound Transfer Operations; Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes; Subchapter E, Solvent-Using Process; Subchapter F, Miscellaneous Industrial Sources; Subchapter J, Administrative Provisions; and corresponding revisions to the state implementation plan.
The revisions to Chapter 115 clarify and add flexibility to existing requirements, correct errors, update references to terms, delete redundant and obsolete language, and add minor recordkeeping requirements necessary to determine compliance with inspection requirements. The proposal was published in the January 4, 2002 issue of the Texas Register (27 TexReg 49). (Eddie Mack, Janis Hudson, Jill Burditt) (Rule Log No. 2002-037-115-AI)
Adopt amendments, RM/RH. All Agree
Item 37. Docket No. 2002-0327-RUL. Consideration for publication of, and hearing on, the following proposed new sections of 30 TAC Chapter 25, Environmental Testing Laboratory Accreditation and Certification:
Subchapter A, General Provisions, Sections 25.1, 25.2, 25.4, 25.6 and 25.8; Subchapter B, Environmental Testing Laboratory Accreditation, Sections 25.9, 25.10, 25.12, 25.14, 25.16, 25.18, 25.20, 25.22, 25.24, 25.26, 25.30, 25.32, 25.34, 25.36, and 25.38; and Subchapter C, Environmental Testing Laboratory Certification, Sections 25.50, 25.52, 25.54, 25.56, 25.58, 25.60, 25.62, 25.64, 25.66, 25.68, 25.70, 25.74, 25.76, and 25.78.
The proposed rules create a new regulatory program and new fees for environmental testing laboratories providing data to the commission and continue, with certain changes, the existing drinking water laboratory certification program that was transferred to the commission from the Texas Department of Health during the 77th Legislative Session, 2001. These proposed rules require commercial laboratories, laboratories doing fee-for-service work, and laboratories providing pro bono data to the commission to become accredited and pay fees. However, as allowed by House Bill (HB) 2912, 77th Legislature, 2001, the commission may accept data from unaccredited, in-house labs if they are inspected periodically. While the proposed rules require commercial laboratories, laboratories doing fee-for-service work, and laboratories providing pro bono data to the commission to follow National Environmental Laboratory Accreditation Conference (NELAC) standards, in-house laboratory inspections would be conducted according to permit conditions or other commission authorizations rather than applicable NELAC standards. These proposed rules implement HB 2912, Section 1.12, Article 6, Section 18.02, and Section 18.03. (Steve Stubbs, Kathy Brown, Kathy Ramirez) (Rule Log No. 2001-078-025-AD)
Approve publication and hearing, with changes as requested, RH/RM. All Agree
Item 38. Docket No. 2002-0354-RUL. Consideration for publication of, and hearing on the following proposed new, amended, and repealed sections of 30 TAC Chapter 293, Water Districts; and 30 TAC Chapter 294, Underground Water Management Areas:
Chapter 293
Amended: Subchapter B, Creation of Water Districts, Section 293.12
Amended: Subchapter L, Dissolution of Districts, Sections 293.131 and 293.132
New: Subchapter C, Special Requirements for Groundwater Conservation Districts, Sections 293.17 - 293.23
Repeal: Subchapter B, Creation of Water Districts, Section 293.16
Repeal: Subchapter C, Creation of Groundwater Conservation Districts in Priority Groundwater Management Areas, Section 293.21
Repeal: Subchapter D, Appointment of Directors, Sections 293.36 and 293.37
Repeal: Subchapter L, Dissolution of Districts, Section 293.137
Chapter 294
New: Subchapter D, Priority Groundwater Management Areas, Sections 294.30
New: Subchapter E, Designation of Priority Groundwater Management Areas, Section 294.39
Amended: Subchapter E, Designation of Priority Groundwater Management Areas, Sections 294.40 - 294.44
Repeal: Subchapter C, Designation of Groundwater Management Areas, Sections 294.21 - 294.25
Repeal: Subchapter D, Priority Groundwater Management Areas, Sections 294.30 and 294.34
The proposed changes would implement Senate Bill (SB) 2 (relating to the development and management of the water resources of the state, including the ratification of the creation of certain groundwater conservation districts; providing penalties), Article 2, 77th Legislature, 2001. Article 2 of SB 2 amended Tex. Water Code (TWC), Chapters 35 and 36 relating to priority groundwater management areas (PGMAs), groundwater management areas (GMAs), and groundwater conservation districts (GCDs). In Chapter 293, existing Subchapter C would be repealed and replaced; other statutorily-mandated changes are also proposed. Chapter 294 changes would repeal Subchapter C reflecting transfer of jurisdiction to designate GMAs to the Texas Water Development Board and streamline the PGMA designation process per SB 2. (Steve Musick, Kelly Mills, Robin Smith, Auburn Mitchell) (Rule Log No. 2001-094-294-WT)
Publication and Hearing, RH/KW. All Agree
Item 39. Docket No. 2001-1468-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 290, Public Drinking Water:
Subchapter D, Rules and Regulations for Public Water Systems - Sections 290.38, 290.39, 290.41, 290.42, and 290.44 - 290.47.
Subchapter F, Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems - Sections 290.102 - 290.104, 290.106 - 290.115, 290.117 - 290.119, 290.121, and 290.122.
The adopted rules will: correct technical inconsistencies; incorporate federal public notification rules and lead/copper rules; implement House Bill (HB) 217; implement HB 2912, Section 18.02; and provide for the executive director to grant two-year extensions to effective dates of new regulations in specific circumstances. The proposed rules were published in the February 1, 2002, issue of the Texas Register (27 TexReg 679). (Jack Schulze, Scott Humphrey, Kathy Ramirez) (Rule Log No. 2001-008-290-WT).
Approve adoption as recommended, RH/RM. All Agree
Item 40. Docket No. 2002-0355-RUL. Consideration for publication of, and hearing on, the following proposed amended and new sections of 30 TAC Chapter 113, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants:
Amended sections in Subchapter D, Designated Facilities and Pollutants, Sections 113.2061 and 113.2069.
New sections in new Subchapter E, Consolidated Federal Air Rules (CAR): Synthetic Organic Chemical Manufacturing Industry (SOCMI), Sections 113.3000, 113.3020, 113.3030, 113.3040, 113.3050, and 113.3060.
The proposed amendments to Subchapter D incorporate changes that the EPA made to 40 Code of Federal Regulations (CFR) Part 60, Subpart WWW - Standards of Performance for Municipal Solid Waste Landfills, by updating the federal promulgation dates cited in the commission rules that were previously adopted by reference. Minor corrections are also proposed in order to change the tense of the section concerning compliance schedules. Proposed new Subchapter E, SOCMI-related sections concern EPA requirements that are contained in 40 CFR Part 65 - Consolidated Federal Air Rule (CAR). In promulgating the CAR regulations, EPA consolidated major portions of several new source performance standards and national emission standards for hazardous air pollutants applicable to storage vessels, process vents, transfer operations, and equipment leaks within the SOCMI. (Keith Sheedy, Dan Joyner, Auburn Mitchell) (Rule Log No. 2002-036b-113-AI)
Approve publication and hearing, RH/KW. All Agree
Item 41. Docket No. 2002-0400-RUL. Consideration of a petition for rulemaking filed by Crain, Caton, and James, P.C. on behalf of Brazoria and Fort Bend Counties requesting that the commission revise the Houston-Galveston Area (HGA) State Implementation Plan (SIP) rules to delay the imposition of vehicle inspection and maintenance requirements for vehicles in Brazoria and Fort Bend Counties for at least two years, from May 1, 2003 to May 1, 2005; repeal the 55 miles per hour speed limit control measure for the entire HGA, or alternatively, for Brazoria and Fort Bend Counties, or alternatively delay implementation of the speed limit rule with the HGA for at least two years until May 1, 2004; and repeal the lawn maintenance shift rule.
Additionally, consideration of a petition for rulemaking filed by David K. Walker, County Attorney, on behalf of Montgomery County requesting that the commission revise the HGA SIP rules to remove Montgomery County from the counties subject to vehicle inspection and maintenance requirements beginning May 1, 2003; remove the 55 miles per hour speed limit control measure for Montgomery County; and repeal the lawn maintenance shift rule.
The executive director recommends that the speed limit issue not be considered as a petition for rulemaking because it does not meet the requirements of 30 TAC 20.15, relating to Petition for Adoption of Rules. Specifically, neither petitioner includes the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the text of the current rule. However, the executive director recommends that this issue regarding speed limits in HGA be open for discussion by the commission at a later date when more information is available.
The executive director considers the recommended rule changes regarding the vehicle inspection and maintenance program and the lawn maintenance shift rule as petitions for rulemaking, and recommends denial of the petitions from both petitioners. (Heather Evans, Kerri Rowland, Jill Burditt) (Rule Log No. 2002-022-PET-AI)
Deny Petition and adopt staff recommendations, RM/RH. All Agree
Item 42. Docket No. 2002-0324-RUL. Consideration for publication of, and hearing on, amended Sections 116.10, 116.111, 116.115, 116.311, 116.615, 116.711, and 116.715 and new Sections 116.315, 116.778, 116.803, and 116.919 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the state implementation plan (SIP).
The proposed rulemaking would allow the option for air emissions resulting from routine maintenance, start-up, or shutdown of a facility to be authorized as allowable emissions in a new source review (NSR) permit. For new and modified sources, the additional allowable emissions would be counted when determining the need for nonattainment (NA) or prevention of significant deterioration (PSD) review. For existing sources, the additional allowable emissions would not be counted toward NA or PSD review but would remain subject to existing SIP rules, including minimization of emissions, and would be counted toward determining if a facility is a major source and required to obtain a federal operating permit.
Additionally, the proposed rulemaking would require that emissions from dockside vessels resulting from operations at land-based facilities be authorized in NSR permits; clarify permit renewal application content requirements; implement the provision of House Bill (HB) 3040, 77th Legislature, 2001 by prohibiting the commission from considering effects of non-criteria pollutants over coastal waters for shipyards; and implement portions of HB 2912, 77th Legislature, 2001 regarding new compliance history evaluation requirements for permit renewals. (Beecher Cameron, Arnoldo Medina, Jill Burditt) (Rule Log No. 2001-043-116-AI)
Continued to May 8, 2002
EXECUTIVE SESSION
Item 43. 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 44. 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 45. 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

Friday, April 26, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 46. TNRCC Docket No. 2001-0719-AIR; SOAH Docket No. 582-02-0186. Consideration of the Administrative Law Judge's Proposal for Decision and order regarding the application of Poly Plastics, Inc. for Air Quality Permit Number 42399, pursuant to rules of the Texas Natural Resource Conservation Commission in 30 Texas Administrative Code Chapter 116 to authorize the construction and operation of facilities for a flexographic printing and packaging plant. The proposed facilities would be located at 1751 South Interstate 45 in Trumbull, Ellis County, Texas. The Commission will also consider timely public comments and the Executive Director's Response to such comments; the application, and related filings, exceptions and replies.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order and approve permit, with changes as recommended by General Counsel, RH/RM. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, April 26, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 47. Docket No. 1999-1288-PWS-E. Consideration of the Executive Director of the Texas Natural Conservation Commission's request to substitute the temporary manager for James F. Sawyer and South Midland County Water System, Inc. in Midland County, pursuant to Tex. Water Code 5.501(c)(1), 5.507 and 13.4132; to ensure continued operation of the Facility; and to provide continuous and adequate service to customers. The Emergency Order would substitute Justin Tubbs in place of Rodney Mayo as temporary manager of the Facility.
Approve Staff Recommendation, RH/KW. All Agree