AGENDA

Wednesday, May 8, 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, May 8, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from Agenda of April 26, 2002.
Item 1. 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)
Issue agreed order, RM/KW. All Agree
Item carried forward from Agenda of April 26, 2002
Item 2. 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. 001-043-116-AI)
Approve publication and hearing, RM/RH. All Agree


HUSTON
MARQUEZ
WHITE

AGENDA

Wednesday, May 8, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2002-0361-AIR. Consideration of application by Javelina Company, a Texas Partnership for the amendment of Air Quality Permit 19296 to authorize the installation of two additional steam boilers to allow the current boiler to become a backup boiler. The facility is located at 5413 Interstate Highway 37, Corpus Christi, Nueces County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, timely public comment, and the Executive Director's Response to Comments. (Jim Linville, Janis Hudson)
Grant hearing request and refer to Alternative Dispute Resolution for 4 to 6 weeks and if mediation fails forward to State Office Administrative Hearings and hearing examiner instructed to hold a hearing on the issues as recommended, and duration of hearing no more than 4 months. RH/RM. All Agree
Item 2. Docket No. 2002-0313-AIR. Consideration of application by Southern Crushed Concrete, Inc. for authorization to relocate concrete crushing facilities as allowed by Air Quality Permit No. 9733C. The site of the proposed relocation is 10501 East Almeda Road, Houston, Harris County, Texas. The Commission will also consider requests for hearing or reconsideration; related motions, responses and replies; timely public comment; and the Executive Director's Response to Comments. (Skip Clark, Janis Hudson).
Grant hearing request of James R Dunn, on behalf of Texas Pipe & Supply Co., Inc, Kenneth Montgomery; Citizens Against Southern Crushed (Referred to as Group A); Citizens Against Southern Crushed Concrete (Referred to as Group B); Individuals members of CASC/CASCC who reside within 1 mile of the facility, deny Request for Reconsideration and forward to State Office Administrative Hearing and hearings examiner instructed to hold a hearing on the issues as recommended, and duration of hearing no more than 6 months, RM/RH. All Agree
Item 3. Docket No. 2002-0387-AIR. Consideration of application by Marathon-Ashland Petroleum, LLC for amendments to Air Quality Permit No. 22433 to authorize the expansion of the fluid catalytic cracking unit and to authorize the construction of a new gasoline desulfurization unit at the company's existing refinery. The refinery is located at 1320 Loop 197 South, Texas City, Galveston County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, timely public comment, and the Executive Director's Response to Comments. (Ruben Herrera, Dan Joyner)
Continued to May 22, 2002
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 4. Docket No. 2001-0685-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Gary McNutt, Guy McNutt & Jesse Torres dba McNutt Dairy in Erath County; Water Quality Permit No. 4131; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Alita Champagne, Gilbert Angelle)
Issue agreed order, RH/KW. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2000-1343-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mayfield McCraw dba McCraw Materials in Fannin County; TNRCC Air Account No. FB-0067-E; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Troy D. Nelson)
Issue agreed order, RM/KW. All Agree
Item 6. Docket No. 2000-1263-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tandem Energy Corporation in Harris County; TNRCC Air Account No. HG-0230-U; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Troy Nelson)
Issue agreed order, RM/KW. All Agree
Item 7. Docket No. 1999-1533-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Young Brothers Inc., Contractors in McClennan County; TNRCC Air Account No. MB-0136-T; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Troy Nelson)
Issue agreed order, RM/KW. All Agree
Item 8. Docket No. 2001-0996-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E. I. DuPont de Nemours, Inc. in Jefferson County; Air Account No. JE-0033-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. (Carl Schnitz, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 9. Docket No. 2001-1238-AIR-E. Consideration of an Agreed Order assessing administrative penalties against EOTT Energy Pipeline, Limited Partnership in Cooke County; Air Account No. CV-0048-K; 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., Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 10. Docket No. 2001-1143-AIR-E. Consideration of an Agreed Order assessing administrative penalties against CEMEX, Inc. in Comal County; Air Account No. CS-0022-K; Air Permit No. 6048/PSD-TX-74M-1; 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, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 11. Docket No. 2001-1141-AIR-E. Consideration of an Agreed Order assessing administrative penalties against CarMax Auto Superstores, Inc. in Dallas County; Air Account No. DB-5242-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. (Stacey Young, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 12. Docket No. 2001-1207-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso Field Services, L.P. in Glasscock, Pecos, and Ward Counties; Air Account Nos. GE-0085-V, PE-0127-F, PE-0118-G, and WC-0019-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. (Dan Landenberger, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 13. Docket No. 2001-1202-AIR-E. Consideration of an Agreed Order assessing administrative penalties against El Paso Natural Gas Company in Reeves County; Air Account No. RF-0009-N; 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. (Dan Landenberger, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 14. Docket No. 2001-0862-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Power Resources, Ltd. in Howard County; Air Account No. HT-0065-Q and Title V Federal Operating Permit No. O-00091; 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. (Dan Landenberger, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 15. Docket No. 2001-1056-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mitchell Energy Company, L.P. dba Kolar Production Facility in Lavaca County; Air Account No. LE-0065-B; 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. (Gary L. McDonald, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 16. Docket No. 2001-1239-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tiffany Brick, Incorporated in Palo Pinto County; Air Account No. PA-0029-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. (Jorge Ibarra, P.E., Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 17. Docket No. 2001-1256-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Sandel Energy, Inc. in Brazoria County; Air Account No. BL-0779-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. (Stacey Young, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 18. Docket No. 2001-0898-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of San Antonio Shoe, Inc. in Bexar County; Air Account No. BG-1093-J; General Operating Permit No. O-01795; 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, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 19. Docket No. 2001-0514-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company in Wheeler County; Air Account No. WG-0008-B; 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, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 20. Docket No. 2001-1450-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oxy Vinyls, LP in Harris County; Air Account No. HG-1451-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. (Rebecca Johnson, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 21. Docket No. 2001-1034-AIR-E. Consideration of an Agreed Order assessing administrative penalties against North Central Oil Corporation in Brazoria County; Air Account No. BL-0690-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. (John Mead, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 22. Docket No. 2001-1073-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Philip Services Corporation, Inc. dba Chemical Reclamation Services, Inc. in Ellis County; Solid Waste Registration No. 50084; 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. (Subhash Jain, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 23. Docket No. 2001-0676-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jobe Concrete Products, Inc. in El Paso County; NPDES Permit No. TXR05G511; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell, Gilbert Angelle)
Issue agreed order, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 24. Docket No. 2001-0259-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Amcor Financial Corporation dba Lake Valley Water Company in Wilson County; Water Quality ID No. None; Public Water Supply ID No. 2470020; 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. (Malcolm A. Ferris, Gilbert Angelle)
Issue agreed order, KW/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2000-0400-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B.C.R., Inc. dba Chevron Country Food Mart in Llano County; TNRCC UST ID No. 29962 for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Petty)
Issue agreed order, RM/KW. All Agree
Item 26. Docket Nos. 1999-0846-PST-E and 1999-1372-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Proton PRC, Inc. dba Crossroads Mercantile and Twinstop #2 in Henderson County; TNRCC PST ID Nos. 29501 and 51106; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Continued to May 22, 2002, RH/KW. All Agree
Item 27. Docket No. 2001-0358-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sunesara Investment, Inc. in Harris County; TNRCC ID No. 0063601; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Issue agreed order, RM/KW. All Agree
Item 28. Docket No. 2001-1435-PST-E. Consideration of an Agreed Order assessing administrative penalties against Luis Aguilar dba Cactus Grocery in Moore County; PST Facility ID No. 16333; 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, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 29. Docket No. 2001-1377-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mohsen Mousaui dba Bernard's Liquor Store in Lubbock County; Petroleum Storage Tank Facility ID No. 67439; 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, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 30. Docket No. 2001-0908-PST-E. Consideration of an Agreed Order assessing administrative penalties against Valor Telecommunications of Texas, LP in Lubbock, Lamb, and Terry Counties; Petroleum Storage Tank Facility ID Nos. 50145, 33496, 33489; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 31. Docket No. 2001-0978-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Darrell Earnest dba Hiway Grocery in Taylor County; PST Facility ID No. 0044819; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 32. Docket No. 2001-0884-PST-E. Consideration of an Agreed Order assessing administrative penalties against The Hackberry CO-OP of Post, Texas in Garza County; Petroleum Storage Tank Facility ID No. 1351; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 33. Docket No. 2001-0843-PST-E. Consideration of an Agreed Order assessing administrative penalties against Abdul Rehman dba Super Star in Orange County; Petroleum Storage Tank Facility ID No. 0024028; 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, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 34. Docket No. 2001-1115-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sun Coast Resources, Inc. in Dallas 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. (Gloria Stanford, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 35. Docket No. 2001-0888-PST-E. Consideration of an Agreed Order assessing administrative penalties against Muleshoe Area Hospital District dba Muleshoe Area Medical Center in Bailey County; Petroleum Storage Tank Facility ID No. 67900; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 36. Docket No. 2001-1266-PST-E. Consideration of an Agreed Order assessing administrative penalties against Marshall Distributing Company, Inc. 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. (A. Sunday Udoetok, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 37. Docket No. 2001-1349-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lakeway Airpark, Incorporated in Travis County; Petroleum Storage Tank No. 20296; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 38. Docket No. 2001-0973-PST-E. Consideration of an Agreed Order assessing administrative penalties against Granite Construction Company in Lubbock County; Petroleum Storage Tank Facility ID No. 18579; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 39. Docket No. 2001-1117-PST-E. Consideration of an Agreed Order assessing administrative penalties against GLI Distributing, Inc. in Bexar County; Petroleum Storage Tank Facility ID No. 57306 ; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Alita Champagne, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 40. Docket No. 2001-0476-PST-E. Consideration of an Agreed Order assessing administrative penalties against Asif Dawood dba EZ 4 U in Harris County; PST Facility ID No. 0005429; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Johnson, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
Item 41. Docket No. 2001-0827-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of A.A.A. Navi Corporation dba AAA Food Mart in Smith County; PST Facility ID No. 39215; 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, Gilbert Angelle)
Issue agreed order, RM/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 42. Docket No. 2000-0821-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jose G. Quintanilla dba San Perlita Food Store in Willacy County; TNRCC ID No. 26904; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Remanded to Executive Director
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 43. Docket No. 2001-0624-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Tajuddin Jiwani dba Quick & Easy No. 2 in Wharton County; TNRCC PWS ID No. 2410044; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Troy Nelson)
Issue Default Order, RH/KW. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 44. Docket No. 2001-0478-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jerry Webb & Janice Webb dba Vinson's Water System Well No. 2 in Denton County; Public Water Supply No. 0610154; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Gilbert Angelle)
Issue agreed order, RM/RH. All Agree
Item 45. Docket No. 2001-1289-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Speedy Stop Food Stores, Ltd. dba Speedy Stop No. 48 in Bexar County; Public Water Supply No. 0150515; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath, Gilbert Angelle)
Issue agreed order, RM/RH. All Agree
Item 46. Docket No. 1999-0360-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of LaSalle Landing Water Supply Corporation in Jackson County; TNRCC ID No. 1200008; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Troy D. Nelson)
Issue agreed order, RM/RH. All Agree
Item 47. Docket No. 2001-0559-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Port Alto Homeowners' Association - District #1, Inc. in Calhoun County; Public Water Supply No. 0290027; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Gilbert Angelle)
Issue agreed order, RM/RH. All Agree
Item 48. Docket No. 2001-0521-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cistern Water Well Company, Incorporated in Fayette County; Public Water Supply No. 0750008 and Certificate of Convenience and Necessity No. 12546; 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. (Lawrence King, Gilbert Angelle)
Issue agreed order, RM/RH. All Agree
Item 49. Docket No. 2001-0560-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Port Alto Water Supply Corporation in Calhoun County; Public Water Supply No. 0290028; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Gilbert Angelle)
Issue agreed order, RM/RH. All Agree
DISTRICT MATTER
Item 50. Docket No. 1999-0474-DIS. Consideration of a Proposed Order Denying Application of Engelman Irrigation District of Hidalgo County's Request to Proceed into Bankruptcy under the Federal Bankruptcy Code. The District's Application was submitted to the Commission pursuant to V.T.C.A., Tex. Water Code Section 49.456. (TNRCC Internal Control No. 03191999-D01, Diego Abrego)
Continue Item to June 26 and Remand for Caption Correction, RH/KW. All Agree
RESOLUTION
Item 51. Docket No. 2002-0510-RES. Consideration of a resolution delegating to the Executive Director the authority to certify certain political subdivisions as providing regional water and/or wastewater service for the purpose of eligibility to receive a tax exemption under Subchapter H, Chapter 151, of the Texas Tax Code. (Todd Burkey)
Approve Resolution with corrections as recommended, RH/KW. All Agree
RULE MATTERS
Item 52. Docket No. 2001-1513-RUL. Consideration for adoption of the following amended 2sections of 30 TAC Chapter 331, Underground Injection Control:
Subchapter A. General Provisions, Section 331.14, Prohibition of Class I Salt Cavern Solid Waste Disposal Wells and Associated Caverns in Geologic Structures or Formations Other Than Salt Stocks of Salt Domes and Prohibition of Disposal of Hazardous Waste into Certain Geological Formations
Subchapter G. Consideration Prior to Permit Issuance, Section 331.121, Class I Wells
Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells, Section 331.161, Applicability; and Section 331.163, Well Construction Standards
The adoption would implement legislation requiring the commission by rule to prohibit the storage, processing, or disposal of hazardous waste in a solution-mined salt dome cavern or a sulphur mine (House Bill 2912, Section 9.02, 77th Legislature, 2001); amend and clarify the information required to establish the geologic suitability of a proposed location for a salt cavern disposal well; and reinstate technical requirements administratively omitted in 1992. The proposed rules were published in the February 1, 2002 issue of the Texas Register (27 TexReg 725). (Wade Wheatley, Don Redmond, Ray Austin) (Rule Log No. 2001-080-331-WT)
Approve adoption of amendment, RM/RH. All Agree
Item 53. Docket No. 2002-0055-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 336, Radioactive Substance Rules. 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 proposal was published in the February 22, 2002 issue of the Texas Register (27 TexReg 1353). (Hygie Reynolds, Don Redmond, Auburn Mitchell) (Rule Log No. 2002-004-336-WS)
Approve adoption, RH/KW. All Agree
Item 54. Docket No. 2002-0476-RUL. Consideration of a petition for rulemaking filed by Concerned Citizens Against Pollution (C-CAP), Winston Stein, President, requesting that the commission amend 30 Texas Administrative Code (TAC) Section 331.14, Prohibition of Class I Salt Cavern Solid Waste Disposal Wells and Associated Caverns in Geologic Structures or Formations Other Than Salt Stocks of Salt Domes, and Section 331.42, Area of Review. C-CAP seeks rule language prohibiting construction of an injection well for disposal of solidified commercial industrial waste in a salt dome if the proposed or existing well bore is within a three-mile lateral radius of a commercial or residential drinking water well.
The executive director recommends denial of the petition. (Don Redmond, Wade Wheatley, Ray Austin) (Rule Log No. 2002-050-PET-WT)
Deny Petition, RM/RH. All Agree
Item 55. Docket No. 2002-0413-RUL. Consideration of publication of, and hearing on, proposed amended Section 290.108, Radionuclides Other than Radon, of 30 TAC Chapter 290, Public Drinking Water. The proposed amendment would limit the level of uranium in water supplied by community public water systems and would revise the monitoring requirements for combined radium-226 and radium-228, gross alpha particle radioactivity, and beta and photon radioactivity. (Tony Bennett, John Deering, Ray Austin) (Rule Log No. 2001-022-290-WT)
Continued to June 5, 2002
Item 56. Docket No. 2001-1504-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 213, Edwards Aquifer. This review is in accordance with Texas Government Code, Section 2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, Section 1.11(a), which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the February 15, 2002 issue of the Texas Register (27 TexReg 1190). (Kathy Ramirez, Julie Talkington, Snehal R. Patel) (Rule Log No. 2002-006-213-WT )
Approve adoption, RH/KW. All Agree
EXECUTIVE SESSION
Item 57. 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 58. 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 59. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Wednesday, May 8, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 60. Docket No. 2002-0483-WQ. Consideration of Temporary Order. The Temporary Order is authorized under 5.501 and 5.509, Texas Water Code, and 30 Texas Administrative Code 35.301 - 35.303. The Temporary Order would authorize the United States Department of Navy, Permit No. 02335 (TX0034321), to discharge to discharge variable volumes of treated groundwater from the Naval Weapons Industrial Reserve Plant McGregor. The plant is located in Coryell and McLennan Counties, Texas. (Kathy H. Brown, Chris Linendoll)
Approve Order, RM/RH. All Agree


SECOND ADDENDUM TO AGENDA

Wednesday, May 8, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 61. Docket No. 2002-0544-AIR-E. Consideration of an Emergency Shutdown Order requiring Odeeco, Inc. to cease operations of its concrete plant which is operating without the required permit, in Brazoria County; TNRCC ID No. BL-0797-P; pursuant to Tex. Water Code section 5.5145. (Lisa Dyar)
Approve Emergency Order to Shutdown, RH/RM. All Agree


AGENDA

Wednesday, May 8, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-1230-WR; SOAH Docket No. 582-01-1272. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the application of Southerland Properties, Inc., for a permit to construct and maintain an off-channel reservoir and to divert not more than 350 acre-feet of water per year from the Guadalupe River in Comal County.
Adopt Administrative Law Judges Proposal for Decision as recommended by the ALJ, and that includes the stream flows that have been adjusted for the safety factors, not necessary to remand back for a hydrology study, and am comfortable with the PFD in respect to the term limits that have been placed on the permit to the term of the contract, RH/KW. All Agree
Item 2. Docket No. 1999-0432-IHW-E. Consideration of a Motion for Rehearing concerning the Texas Natural Resource Conservation Commission 's adoption of an enforcement order at the Commission's March 13, 2002 public meeting. The enforcement order assesses administrative penalties against and requires certain actions of Rheem Manufacturing Company for activities conducted at a site formerly owned and operated by Rheem located at 1025 Lockwood Drive, Houston, Harris County, Texas. This matter is being considered in accordance with the Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission.
Grant Motion for Rehearing on basis of notice only and vacate order adopted on 3/13/02, RM/KW. All Agree
Adopt new order with changes as recommended, RM/RH. All Agree


ADDENDUM TO AGENDA

Wednesday, May 8, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 3. Docket Nos. 2001-0782-UCR and 2001-0785-UCR. Consideration of the Executive Director's Motion to Overturn the decision of the Executive Director regarding the application by Windermere Utility Company, Inc. for an increase in its water and sewer rates for its service area in Travis and Williamson Counties.
Grant Motion to Overturn and remand to Executive Director, RH/RM. All Agree