HUSTON - ABSENT
MARQUEZ
WHITE

AGENDA

Wednesday, May 22, 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


HUSTON - ABSENT
MARQUEZ
WHITE

OLD BUSINESS AGENDA

Wednesday, May 22, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from the Agenda of May 8, 2002.
Item 1. 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)
Deny hearing request and adopt Executive Director's Response to Comments and Issue Permit, RM/KW.
Item carried forward from the Agenda of May 8, 2002.
Item 2. 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)
Issue Agreed Order, KW/RM.


HUSTON - ABSENT FOR ALL ITEMS
MARQUEZ
WHITE

AGENDA

Wednesday, May 22, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2002-0449-AIR. Consideration of application by Diamond Shamrock Refining Company L.P. for renewal of Air Quality Permit No. 8356 to authorize the continued operation of the No. 1 Sulfur Plant, which is part of the refinery located at 301 Leroy Street, Three Rivers, Live Oak County. 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. (Janis Hudson, Patricio Griego)
Deny hearing request and adopt Executive Director's Response to Comments and Issue Permit, RM/KW
Item 2. Docket No. 2002-0445-MWD. Consideration of permit application # 10612-001,submitted by St. Francis Village, Inc. for a renewal of TPDES Permit No. 10612-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day. The facility is located approximately 1 mile north of Rock Creek Park and approximately 2.5 miles south of Benbrook Dam in Tarrant County, Texas. The treated effluent is discharged to Benbrook Lake in Segment No. 0830 of the Trinity River Basin. The commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Marisa Ramirez, Robin Smith)
Deny hearing request and adopt Executive Director's Response to Comments and Issue Permit, RM/KW.
Item 3. Docket No. 2002-0444-MWD. Consideration of permit application # 14208-001, submitted by Hays County Development District No. 1 for a new permit (proposed TNRCC Permit No. 14208-001), which will authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day via surface irrigation on 120 acres of a golf course. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1,000 feet west of Ranch Road 12 and approximately 1.5 miles south of the intersection of U.S. Highway 290 and Ranch Road 12 in Hays County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Michael Hughes, Zdenek Matl).
Grant the hearing requests of the Penns and Dripping Springs WSC, and remand the issues of whether the proposed facility will adversely affect surface water or groundwater; whether the engineering report submitted by the applicant is sufficient; whether the proposed facility will produce nuisance odors; and prior to submitting to State Office Administrative Hearings, forward to Alternative Dispute Resolution and if mediation fails forward to State Office Administrative Hearings, with duration of hearings of 4 months. RM/KW
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2001-0392-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hilda Perez dba Sun City Cars in El Paso County; TNRCC Air Account No. EE-2309-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. (Lisa Lemanczyk)
Issue agreed order, RM/KW
Item 5. Docket No. 2000-0256-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sealed Air Corporation (US) in Tarrant County; TNRCC ID No. TA-2554-D; 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. (Lisa Lemanczyk)
Issue agreed order, RM/KW
Item 6. Docket No. 2001-1265-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cerrito Gathering Company, Ltd. in La Salle County; Air Account No. WE-0047-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. (Rebecca Clausewitz, Pamela Campbell)
Issue agreed order, RM/KW
Item 7. Docket No. 2001-1257-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Atlas Roofing Corporation in Angelina County; Air Account No. AC-0055-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. (Stacey Young, Pamela Campbell)
Issue agreed order, RM/KW
Item 8. Docket No. 2001-1526-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron Phillips Chemical Company, LP in Jefferson County; Air Account No. JE-0508-W; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Pamela Campbell)
Issue agreed order, RM/KW
Item 9. Docket No. 2001-1100-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Performance Plastics Products, Inc. in Harris County; Air Account No. HG-2360-P; 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. (Kevin Keyser, Pamela Campbell)
Issue agreed order, RM/KW
Item 10. Docket No. 2001-1062-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Motiva Enterprises L. L. C. in Jefferson County; Air Account No. JE-0095-D; 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. (Laura Clark, Pamela Campbell)
Issue agreed order, RM/KW
Item 11. Docket No. 2001-1421-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of TEPPCO Crude Pipeline, L.P. in Archer County; Air Account No. AE-0010-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. (Carolyn Easley, Pamela Campbell)
Issue agreed order, RM/KW
Item 12. Docket No. 2001-0981-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of El Paso Gas Gathering & Processing Company in Eastland County; Air Account No. EA-0081-P; 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. (George Ortiz, Pamela Campbell)
Issue agreed order, RM/KW
Item 13. Docket No. 2001-1272-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tandem Energy Corporation in Harris County; Air Account No. HG-0230-U; 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, Pamela Campbell)
Issue agreed order, RM/KW
Item 14. Docket No. 2001-1525-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Williams Field Services Company in Hemphill County; TNRCC Air Account No. HL-0076-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. (Ronnie Kramer, Pamela Campbell)
Issue agreed order, RM/KW
Item 15. Docket No. 2001-1203-AIR-E. Consideration of an Agreed Order assessing administrative penalties against EVCO FABRICATION, INC. in Midland County; Air Account No. ML-0164-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. (Dan Landenberger, Pamela Campbell)
Issue agreed order, RM/KW
Item 16. Docket No. 2001-0937-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of G-P Gypsum Corporation in Hardeman County; Air Account No. HE-0006-D and Solid Waste Registration No. 32937; for air quality and industrial solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carolyn Easley, Pamela Campbell)
Issue agreed order, RM/KW
Item 17. Docket No. 2001-1253-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Industrial Pipe and Plastics of Texas, Inc. in Karnes County; Air Account No. KA-0041-H; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Pamela Campbell)
Issue agreed order, RM/KW
Item 18. Docket No. 2001-1262-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Modern Welding Company of Texas, Inc. in Wise County; Air Account No. WN-0024-A; 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, Pamela Campbell)
Issue agreed order, RM/KW
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2001-0517-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David Friesenhahn in Bexar County; TNRCC ID No. None; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Pamela Campbell)
Issue agreed order, KW/RM
Item 20. Docket No. 2001-0580-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Hogg County in Jim Hogg County; Unauthorized MSW Site No. 455150016; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Pamela Campbell)
Issue agreed order, KW/RM
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 21. Docket No. 2001-0774-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of William De Jong dba Hidden View Dairy in Erath County; TNRCC ID No. 03197; for water quality 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)
Issue agreed order, KW/RM
Item 22. Docket No. 2001-0812-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Donna Independent School District in Hidalgo County; Water Quality Permit Nos. 13680-002 and 13680-003 (Issued November 13, 1998); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Pamela Campbell)
Issue agreed order, KW/RM
Item 23. Docket No. 2001-0904-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Nottingham Country Municipal Utility District in Harris County; NPDES Permit No. TX 0089346 and Water Quality Permit No. 12479-001; for 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. (Kent Heath, Pamela Campbell)
Issue agreed order, KW/RM
Item 24. Docket No. 2001-0612-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Severn Trent Environmental Services, Inc. in Harris County; Certificate of Competency No. 20035; for operator certification violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Pamela Campbell)
Issue agreed order, KW/RM
Item 25. Docket No. 2001-1230-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Gatesville in Coryell County; Water Quality Permit No. 10176-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gilbert Angelle, Pamela Campbell)
Issue agreed order, KW/RM.
ON-SITE SEWAGE INSTALLER DEFAULT ORDER
Item 26. Docket No. 2001-0486-OSI-E. Consideration of a Default Order requiring certain actions of James M. Barton, Sr. in Johnson County; TNRCC ID No. OS456; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Remanded to Executive Director
ON-SITE SEWAGE FACILITY ENFORCEMENT AGREED ORDER
Item 27. Docket No. 2001-0067-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of CCP, Ltd. in Harris County; On-Site Sewage Facility Permit No. None; for water quality violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michael Meyer, Pamela Campbell)
Issue agreed order, RM/KW
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 2001-0184-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jasbir Singh Soodan and Soodans, Inc., dba Starlight Food Mart in Harris County; TNRCC ID No. 43640 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. (Lisa Lemanczyk)
Reposted as Item #66
Item 29. Docket No. 2001-0894-PST-E. Consideration of an Agreed Order assessing administrative penalties against Scott Egert dba Scott's Complete Car Care in Lubbock County; Petroleum Storage Tank Facility ID No. 22070; 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, Pamela Campbell)
Issue agreed order, RM/KW
Item 30. Docket No. 2001-0975-PST-E. Consideration of an Agreed Order assessing administrative penalties against National Fuels and Lubricants, Inc. in Scurry 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. (Gary Shipp, Pamela Campbell)
Remanded to Executive Director
Item 31. Docket No. 2001-1175-PST-E. Consideration of an Agreed Order assessing administrative penalties against Halo Distributing Co. in Bexar County; Petroleum Storage Tank Facility ID No. 47224 and Owner ID No. 2702; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Pamela Campbell)
Issue agreed order, RM/KW
Item 32. Docket No. 2001-1455-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tarpley, Inc. dba Texaco Distributing of Southwest Texas in Medina 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. (Rebecca Clausewitz, Pamela Campbell)
Issue agreed order, RM/KW
Item 33. Docket No. 2001-1182-PST-E. Consideration of an Agreed Order assessing administrative penalties against Wag-A-Bag, Incorporated dba Wag-A-Bag No. 8 in Williamson County; Petroleum Storage Tank Facility ID No. 3638; 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, Pamela Campbell)
Issue agreed order, RM/KW
Item 34. Docket No. 2001-1388-PST-E. Consideration of an Agreed Order assessing administrative penalties against Stephens Fuel Company in Hood County; Petroleum Storage Tank 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, Pamela Campbell)
Issue agreed order, RM/KW
Item 35. Docket No. 2001-1221-PST-E. Consideration of an Agreed Order assessing administrative penalties against Jerry Slemmons dba Slim's Grocery and Deli in Hood County; Petroleum Storage Tank Facility ID No. 64757; 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, Pamela Campbell)
Issue agreed order, RM/KW
Item 36. Docket No. 2001-0927-PST-E. Consideration of an Agreed Order assessing administrative penalties against Ryder Truck Rental, Inc. in Lubbock County; Petroleum Storage Tank Facility ID No. 21500; 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, Pamela Campbell)
Issue agreed order, RM/KW
Item 37. Docket No. 2001-0942-PST-E. Consideration of an Agreed Order assessing administrative penalties against Jerry J. Spencer dba Spencer Distributing Company in Anderson County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Pamela Campbell)
Reposted as #67
Item 38. Docket No. 2001-1389-PST-E. Consideration of an Agreed Order assessing administrative penalties against Faye Shipp dba Shipp's Trading Post Grocery in Hood County; Petroleum Storage Tank ID No. 0034114; 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, Pamela Campbell)
Issue agreed order, RM/KW
Item 39. Docket No. 2001-1162-PST-E. Consideration of an Agreed Order assessing administrative penalties against John Worsham dba Quick Stop Model Market #584 in Jim Wells County; PST Facility ID No. 23903; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Pamela Campbell)
Issue agreed order, RM/KW
Item 40. Docket No. 2001-1326-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wanda Allen dba Northridge Quick Stop in Houston County; Petroleum Storage Tank Facility ID No. 0055008; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Pamela Campbell)
Issue agreed order, RM/KW
Item 41. Docket No. 2001-1053-PST-E. Consideration of an Agreed Order assessing administrative penalties against Koy Concrete, Inc. in Harris County; PST Facility ID No. 0019870; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Keyser, Pamela Campbell)
Issue agreed order, RM/KW
Item 42. Docket No. 2001-0539-PST-E. Consideration of an Agreed Order assessing administrative penalties against Gloco Enterprises, Incorporated in Dallas County; PST Facility ID No. 0028335; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Pamela Campbell)
Issue agreed order, RM/KW
Item 43. Docket No. 2001-1523-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of MLK Center, LLC dba First Stop Food Store in Harris County; Petroleum Storage Tank Facility ID No. 0035228; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Trina Grieco, Pamela Campbell)
Issue agreed order, RM/KW
Item 44. Docket No. 2001-1000-PST-E. Consideration of an Agreed Order assessing administrative penalties against Farmland Transportation, Inc. in Randall 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. (Gary Shipp, Pamela Campbell)
Remanded to Executive Director
Item 45. Docket No. 2001-1219-PST-E. Consideration of an Agreed Order assessing administrative penalties against Charles Engle dba Fabens Oil Company in Culberson 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. (Bethany Carl, Pamela Campbell)
Issue agreed order, RM/KW
Item 46. Docket No. 2001-1378-PST-E. Consideration of an Agreed Order assessing administrative penalties against Christus Spohn Health System Corporation dba Christus Spohn Hospital South in Nueces County; Petroleum Storage Tank Facility ID No. 68223; 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 L. McDonald, Pamela Campbell)
Issue agreed order, RM/KW
Item 47. Docket No. 2001-0132-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hyder Ali dba Stop In Go in Bexar County; TNRCC ID No. 30838; 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. (Lisa Lemanczyk)
Issue agreed order, RM/KW
Item 48. Docket No. 2001-1058-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Manuel Lopez dba Big Red Stop in Nueces County; PST Facility ID No. 64667; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Pamela Campbell)
Issue agreed order, RM/KW
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 49. Docket No. 2001-0116-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Qadir Corporation dba Super Store Triple R in Upshur County; TNRCC ID No. 11544; 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. (Lisa Lemanczyk)
Issue Default Order, RM/KW
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS
Item 50. Docket No. 2001-1113-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Scenic Point Northview, Inc. dba Scenic Point Northview Lodge in Palo Pinto County; Public Water Supply No. 1820016; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Chris Friesenhahn, Pamela Campbell)
Issue agreed order, KW/RM
SOLID WASTE REGISTRATION ENFORCEMENT AMENDED AGREED ORDER
Item 51. Docket No. 1994-0141-SWR-E. Consideration of an Amended Agreed Order requiring certain actions of Union Oil Company of California, Inc. in Jefferson County, TNRCC SWR No. 30001; for industrial and hazardous waste violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Remanded to Executive Director
WATER RIGHTS ENFORCEMENT AGREED ORDER
Item 52. Docket No. 2000-1402-WR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bar-To-Lo, Inc. in Erath County; TNRCC ID Nos. 12-2247 and 12-2247A; for water rights violations pursuant to ch. 11 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RM/KW
WATER OPERATOR CERTIFICATION DEFAULT ORDER
Item 53. Docket No. 2001-0297-WTR-E. Consideration of a Default Order revoking Water Operator Certification No. 465-19-0219 and requiring certain actions of Janet Amidon in Burnet County; TNRCC Water Operator No. 465-19-0219 for water operator violations pursuant to ch. 341 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Shannon Strong)
Remanded to Executive Director, RM/KW
RESOLUTIONS
Item 54. Docket No. 2002-0442-RES. Consideration by the Texas Natural Resource Conservation Commission of a resolution recognizing the service of former members of the Pollution Prevention Advisory Committee. (Ken Zarker)
Approve staff recommendation, and approve resolution, KW/RM
Item 55. Docket No. 2002-0443-RES. Consideration by the Texas Natural Resource Conservation Commission of a resolution appointing members to the Pollution Prevention Advisory Committee. (Ken Zarker)
Approve staff recommendation, and approve resolution, KW/RM
RULE MATTERS
Item 56. Docket No. 2002-0186-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 220, Regional Assessments of Water Quality. 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 March 22, 2002 issue of the Texas Register (27 TexReg 2265). (Chuck Dvorsky, Jacquelyn Boutwell, Auburn Mitchell) (Rule Log No. 2002-003-220-WT)
Approve adoption of the rules review and readoption of 30 TAC Chapter 220, RM/KW
Item 57. Docket No. 2002-0501-RUL. Consideration for publication of the following proposed amended sections of 30 TAC Chapter 305, Consolidated Permits, and 30 TAC Chapter 331, Underground Injection Control:
Amended Section 305.64
Amended Section 331.1
The proposed revision to Chapter 305 would conform commission policy to House Bill (HB) 2912, Section 1.26, 77th Legislature, 2001, which amended Tex. Water Code (TWC), Section 26.003 to change state policy to provide that the commission take into consideration the economic development of the state in maintaining water quality in the state. The proposed revision to Chapter 331 would conform commission policy to HB 2912, Section 1.27, which amended TWC, Section 27.003 to change state policy to provide that the commission take into consideration the economic development of the state when maintaining the quality of fresh water in the state. (Debra Barber, Frank Fuller, Richard Egan) (Rule Log No. 2002-045-305-WT)
Approve publication of amendments to 30 TAC Chapter 305 and 30 TAC Chapter 331, KW/RM
Item 58. Docket No. 2001-1408-RUL. Consideration for adoption of new and amended sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter A, Definitions; Subchapter H, Permits for Grandfathered Facilities; and Subchapter I, Electric Generating Facility Permits; and Chapter 39, Public Notice, Subchapter H, Applicability and General Provisions; and Subchapter K, Public Notice of Air Quality Applications. Additionally, consideration of submission of all sections of Chapter 116, Subchapter H, except Section 116.776; the new and amended sections of Chapter 116, Subchapters A and I; and the new and amended sections of Chapter 39 as a revision to the state implementation plan.
The revisions to Chapters 116 and 39 establish requirements and procedures for the permitting of grandfathered facilities in accordance with House Bill (HB) 2912, Sections 5.02 - 5.04, 77th Legislature, 2001, and establish an incentive program for the reduction of emissions of nitrogen oxides from certain grandfathered reciprocating internal combustion engines associated with pipelines as authorized by HB 2914, Section 78, 77th Legislature, 2001. The Chapter 116 proposal was published in the January 4, 2002 issue of the Texas Register (27 TexReg 78), and the Chapter 39 proposal was published in the January 11, 2002 issue of the Texas Register (27 TexReg 353). (Steve Hagle, Terry Salem, Jill Burditt) (Rule Log No. 2001-076-116-AI)
Approve adoption of new and amended sections of 30 TAC Chapter 116 and Chapter 39 and the approval of the submission of all sections of Chapter 116, Subchapter H, except Section 116.776, the new and amended sections of Chapter 116, Subchapters A and I and the new and amended sections of Chapter 39 as a revision to the state implementation plan, RM/KW
Item 59. Docket No. 2002-0022-RUL. Consideration for adoption of new 30 TAC Chapter 214, Secondary Containment Requirements for Underground Storage Tanks Located Over Certain Aquifers, including the following new sections:
Section 214.1 - Purpose
Section 214.2 - Definitions
Section 214.3 - Applicability
The adoption would address the requirements in House Bill 2912, Article 13, Section 13.01 and Article 18, Section 18.13, 77th Legislature, 2001, by creating new Chapter 214 that establishes the requirements for secondary containment for underground storage tank systems located over only the outcrop of the Edwards (Balcones Fault Zone) and Trinity aquifers in northern Bexar and Comal Counties. The proposed rules were published in the February 15, 2002 issue of the Texas Register (27 TexReg 1100). (Michael Bame, Snehal R. Patel, Anton Rozsypal) (Rule Log No. 2001-100-214-WS)
Approve adoption of 30 TAC Chapter 214, RM/KW
Item 60. Docket No. 2002-0097-RUL. Consideration for adoption of an amendment to 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions and Particulate Matter, Subchapter B, Outdoor Burning, Section 111.209, Exception for Disposal Fires.
The revision would implement the portion of House Bill 2912, Article 17, 77th Legislature, 2001, which authorizes veterinarians to dispose of animal remains by burning under specified circumstances. The proposed rule was published in the March 1, 2002 issue of the Texas Register (27 TexReg 1447). (Phil Harwell, Garrett Arthur, Jill Burditt) (Rule Log No. 2001-088-111-AI)
Approve adoption of 30 TAC Chapter 111, KW/RM
Item 61. Docket No. 2002-0165-RUL. Consideration for the adoption of rules review and readoption of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification. 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 April 12, 2002 issue of the Texas Register (27 TexReg 3218). (Auburn Mitchell, Susan Owen, Lindsey Capps) (Rule Log No. 2002-002-116-AI)
Approve adoption rules review and readoption of 30 TAC Chapter 116, RM/KW
EXECUTIVE SESSION
Item 62. 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 63. 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 64. 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 22, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 65. Docket No. 2002-0584-IHW-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on May 1, 2002 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code ch. 5, Tex. Health & Safety Code ch. 361, and 30 Tex. Admin. Code ch. 35 requiring The Estate of Dae Kim dba Bell Dry Cleaners and Henry T.T. Lucky, Inc. as owners and/or operators of a dry cleaning facility located in Houston, Harris County to clean up and contain tetrachloroethylene groundwater contamination and to ensure public health and safety. (Rebecca Nash Petty)
Continued to June 26, 2002, RM/KW


SECOND ADDENDUM TO AGENDA

Wednesday, May 22, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 66. Docket No. 2001-0184-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Jasbir Singh Soodan and Soodans, Inc., dba Starlight Food Mart in Harris County; TNRCC ID No. 43640 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. (Lisa Lemanczyk)
Issue default order, KW/RM


THIRD ADDENDUM TO AGENDA

Wednesday, May 22, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 67. Docket No. 2001-0942-PST-E. Consideration of an Agreed Order assessing administrative penalties against Jerry J. Spencer dba Spencer Distributing Company in Anderson and Smith Counties; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Pamela Campbell)
Issue agreed order, RM/KW


AGENDA

Wednesday, May 22, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-0363-PST-E; SOAH Docket No. 582-01-3747. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Roger Parker dba Hoover Valley Country Store and Sean Heath for alleged violations of Petroleum Storage Tank Rules at it facilities located in Burnet County, Texas.
Adopt ALJ's Proposal for Decision and Issue Order with changes as recommended by Executive Director, KW/RM