| |
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. |
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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) |
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| Continued to May 8, 2002 |
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EXECUTIVE SESSION |
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| 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. |
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| No Action Taken |
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| 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. |
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| No Action Taken |
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| 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. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH
AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING
IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED
TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT
(512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA,
SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK
DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE.) REGISTRATION FOR AGENDA
STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN
THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR
MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM. |