|
AGRICULTURAL AGREED ORDER: |
|
| Item 1. |
Docket No. 2001-1303-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gerald B. Dipple, Jr. dba
Remington Tanner Dairy in Erath County; Texas Pollutant Discharge Elimination
System Permit No. 03112; for water quality violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Sherry Smith, Craig Fleming) |
|
| Issue agreed order, KW/RM. All Agree |
|
|
AIR AGREED ORDERS: |
|
| Item 2. |
Docket No. 2001-1395-AIR-E. Consideration of an Agreed Order assesing
administrative penalties and requiring certain actions of Champagne-Webber,
Incorporated Texas in Ellis County; Air Account No. 92-9099-P; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Texas Water Code ch. 7,
and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra,
P.E., Craig Fleming) |
|
| Remanded to Executive Director |
|
| Item 3. |
Docket No. 2001-1479-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duke Energy Field Services,
LP in Hansford County; Air Account No. HD-0014-P; for air quality violations
pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission. (Ronnie
L. Kramer, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 4. |
Docket No. 2002-0035-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against El Paso Natural Gas Company in El Paso County;
Air Account No. EE-0289-O and Operating Permit No. O-00294; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Texas Water Code ch. 7,
and the rules of the Texas Natural Resource Conservation Commission. (Kevin
Smith, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 5. |
Docket No. 2001-1269-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Exxon Mobil Corporation dba ExxonMobil
Refining & Supply Company in Harris County; Air Account No. HG-0232-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.
(Trina Grieco, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 6. |
Docket No. 2001-1271-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Gracelake Management, LLC in Hardin County;
TNRCC Air Account No. HE-0095-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. (Laura Clark, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 7. |
Docket No. 2001-1544-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Horticultural Printers,
Incorporated in Dallas County; Air Account No. DB-1250-P; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Texas Water Code ch. 7,
and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra,
P.E., Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 8. |
Docket No. 2002-0067-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Lone Star Dirt and Paving Enterprises, Inc. in
Lubbock County; Air Account No. 94-5259-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. (Gary Shipp, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 9. |
Docket No. 2002-0287-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Masters Resources, LLC in Chambers County; Air
Account No. CI-0175-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. (Sushil Modak, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 10. |
Docket No. 2002-0288-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Masters Resources, LLC in Chambers County; Air
Account No. CI-0160-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. (Sushil Modak, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 11. |
Docket No. 2001-1547-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against South Hampton Refining Co. in Hardin County;
Air Account No. HF-0017-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. (Laura Clark, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 12. |
Docket No. 2001-1548-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against South Texas Moulding, Inc. in Hidalgo County;
TNRCC Air Account No. HN-0185-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. (Sandra Hernandez Alanis, Craig
Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE AGREED ORDER: |
|
| Item 13. |
Docket No. 2001-1382-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wall Colmonoy
Corporation in Bexar County; Solid Waste Registration No. 34385; for 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. (J. Mac Vilas, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
INDUSTRIAL WASTEWATER DISCHARGE AGREED ORDER: |
|
| Item 14. |
Docket No. 2001-1412-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against Bridgestone/Firestone, Inc. in Orange County;
National Pollutant Discharge Elimination System No. TX0002968 and TNRCC Water
Quality Permit No. 00454; for water quality violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Michael Meyer, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
MUNICIPAL WASTEWATER DISCHARGE AGREED ORDERS: |
|
| Item 15. |
Docket No. 2001-1209-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Cooper Cameron
Corporation in Liberty County; Texas Pollutant Discharge Elimination System
Permit No. 13668-001; for water quality violations pursuant to Tex. Health & Safety
Code ch. 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Catherine Albrecht, Craig Fleming) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 16. |
Docket No. 2001-1341-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Deercreek Waterworks, Inc. in Parker County;
Water Quality Permit No. 13759-001; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Cheryl Thompson, Craig Fleming) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 17. |
Docket No. 2001-0035-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Hackberry in
Denton County; Water Quality Permit No. 13434-001 and Texas Pollutant Discharge
Elimination System Permit No. 13434-001; for water quality violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Laurie Eaves, Craig Fleming) |
|
| Issue agreed order, RH/KW. All Agree |
|
| Item 18. |
Docket No. 2001-0871-MWD-E. Consideration of an Agred Order assessing
administrative penalties and requiring certain actions of the City of Leonard in
Fannin County; Water Quality Permit No. 10920-001; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Wendy Cooper, Craig Fleming) |
|
| Issue agreed order, RH/KW. All Agree |
|
|
ON-SITE SEWAGE FACILITY INSTALLERS AGREED ORDERS: |
|
| Item 19. |
Docket No. 2001-1555-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against David Pritchard dba Advanced Septic Systems in
Hays County; On-Site Sewage Facility Installer No. OS4852; for on-site septic
system violations pursuant to Tex. Health & Safety Code ch. 366, Texas Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Laurie
Eaves, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 20. |
Docket No. 2001-1144-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Benito Valenzuela dba B & M Septic Systems in
Bandera County; On-Site Sewage Facility Installer ID No. OS337; for on-site
sewage installation violations pursuant to Tex. Health & Safety Code ch. 366, Tex.
Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Laurie Eaves, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 21. |
Docket No. 2001-1397-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Darin Jeffires in Taylor County; On-Site Sewage
Facility License No. 2868; for on-site sewage facility violations pursuant to Tex.
Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Carl Schnitz, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
|
PETROLEUM STORAGE TANK AGREED ORDERS: |
|
| Item 22. |
Docket No. 2002-0011-PST-E. Consideration of an Agreed Order assessing
administrative penalties against J.P. Ventures, Inc. dba Corner Stop in Harris
County; Petroleum Storage Tank Facility ID No. 0035392; 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. (Catherine
Sherman, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 23. |
Docket No. 2002-0009-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Eddins-Walcher Company in Sutton County;
TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Mark Newman, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 24. |
Docket No. 2001-1443-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gian T. O'Donnell dba
Fadco in Harris County; Petroleum Storage Tank Facility ID No. 0018746; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht,
Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 25. |
Docket No. 2001-1426-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Jeff Galloway dba Galloway Exxon in Polk
County; Petroleum Storage Tank Facility ID No. 0030635; 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, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 26. |
Docket No. 2002-0108-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Tianne Bradley dba Mansell's Grocery and Feed
in Ellis County; Petroleum Storage Tank ID No. 0010178; 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, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 27. |
Docket No. 2001-1352-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Marsh Distributing Company in Harris 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. (Catherine Albrecht, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 28. |
Docket No. 2002-0039-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mission Petroleum Carriers, Inc. in Cameron
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. (Jaime Garza, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 29. |
Docket No. 2001-1066-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of MZSG Enterprises, Inc. dba
NuTime Truck Stop in Cherokee County; Petroleum Storage Tank Facility ID No.
72058; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and
26 and the rules of the Texas Natural Resource Conservation Commission. (Elnora
Moses, Craig Fleming) |
|
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 30. |
Docket No. 2001-1571-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Oil Patch Petroleum, Inc. in Kleberg and Calhoun
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. (Michelle Harris, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 31. |
Docket No. 2002-0109-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Oldmoc, Inc. in Harris 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, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 32. |
Docket No. 2002-0129-PST-E. Consideration of an Agreed Order assessing
administrative penalties against PNI Transportation Inc. in Tarrant 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. (Cheryl Thompson, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 33. |
Docket No. 2001-1403-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Sunesara Investment Inc. dba Baytown Market
No. 2 in Harris County; Petroleum Storage Tank Facility ID No. 0071455; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas natural Resource Conservation Commission. (Catherine Sherman
Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 34. |
Docket No. 2001-0532-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Tice Grocery, Inc. in Deaf
Smith County; Petroleum Storage Tank Facility ID No. 33868; 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 L. Kramer, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 35. |
Docket No. 2002-0257-PST-E. Consideration of an Agreed Order assessing
administrative penalties against VJ Enterprises, Inc. dba Swing N Stop in
Montgomery County; Petroleum Storage Tank Facility ID No. 0016318; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Trina Grieco, Craig
Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 36. |
Docket No. 2001-1165-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Walker Oil, LLC dba Uncle Sam's in Nueces
County; Petroleum Storage Tank Facility ID No. 72704; 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, Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
| Item 37. |
Docket No. 2001-1453-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gazi Shahjahan dba Zoom
Zooms in Bexar County; Petroleum Storage Tank Facility ID No. 04196; for
petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the
rules of the Texas Natural Resource Conservation Commission. (Todd Huddleson,
Craig Fleming) |
|
| Issue agreed order, RM/KW. All Agree |
|
|
PETROLEUM STORAGE TANK DEFAULT ORDERS: |
|
| Item 38. |
Docket No. 2001-0930-PST-E. Consideration of a Default Order assessing
administrative penalties against NKJ Enterprise, Inc. dba NK Texaco in Harris
County; TNRCC PST Facility ID No. 0072334; 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. (Diana Grawitch) |
|
| Remand to Executive Director, RH/RM. All Agree |
|
| Item 39. |
Docket No. 1999-1286-PST-E. Consideration of a Default Order assessing
administrative penalties against in Yale Minimart, Inc. dba AZ Mart #2 in Harris
County; TNRCC PST ID No. 40098; 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. (Diana
Grawitch) |
|
| Issue default order, RH/RM. All Agree |
|
|
PUBLIC WATER SUPPLY AGREED ORDERS: |
|
| Item 40. |
Docket No. 2000-0864-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Pepi M. Kohler and Mike P.
Kohler dba Alpenhof Steak Haus in Travis County; Public Water Supply No.
2270153; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Brian Lehmkuhle, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 41. |
Docket No. 2001-0711-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain act ions of Bexar Metropolitan Water
District Public Facility in Atascosa, Bexar, Comal, and Medina Counties; Public
Water Supply Nos. 0070020, 0150045, 0150052, 0150054, 0150084, 0150120,
0150125, 0150171, 0150205, 0150249, 0150265, 0150270, 0150532, 0150534,
0460013, 0460228, and 1630039; for drinking water quality violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Rebecca Clausewitz, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 42. |
Docket No. 2001-1437-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Deanville Water Supply
Corporation in Burleson County; Public Water Supply ID No. 0260014; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (James A.
Jackson, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 43. |
Docket No. 2001-0867-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Melvin Ellenwood dba Mt.
Pisgah Water System in Kendall County; Public Water Supply No. 1300044 and
Certificate of Convenience and Necessity No. None; 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. (Sushil
Modak, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 44. |
Docket No. 2001-1532-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Therese Newland dba Peek Road Mobile Home
Park in Harris County; Public Water Supply No. 1012861; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Rebecca A. Johnson, Craig
Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 45. |
Docket No. 2001-0994-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of San Augustine in
San Augustine County; Public Water Supply ID No. 2030001 and Petroleum Storage
Tank Facility ID No. 0074163; for drinking water quality and petroleum storage tank
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, Craig Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 46. |
Docket No. 2001-1401-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Terra Southwest,
Incorporated in Denton County; Public Water Supply ID No. 0610161; 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, P.E., Craig
Fleming) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
WATER QUALITY GENERAL PERMIT: |
|
| Item 47. |
Docket No. 2002-0162-WQ. Consideration of a state-wide general permit number
WQG200000 which regulates wastewater from livestock manure composting
operations that may be disposed of by evaporation or beneficially used by irrigation
adjacent to water in the state. The Commission will also consider public comment
and the Executive Director's response to comments. (Clyde E. Bohmfalk, Anthony
Tatu, and Steve Ligon) |
|
| Continued to September 25, 2002 |
|
|
DISTRICT MATTER: |
|
| Item 48. |
Docket No. 2002-0929-DIS. Consideration of a Proposed Order Approving
Application of Roman Forest Public Utility District No. 3 of Montgomery
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.,
Texas Water Code Section 49.456. (TNRCC Internal Control No. 07252001-D01,
Diego Abrego/Godfrey Baldwin) |
|
| Approve order to proceed into bankruptcy, RH/RM. All Agree |
|
|
MOTION TO OVERTURN EXECUTIVE DIRECTOR'S ORDER: |
|
| Item 49. |
Docket No. 2001-0626-UCR. Consideration of a Motion to Overturn filed by
Leonard Dougal on behalf of West Wise Rural Water Supply Corporation concerning
correction of the certificate of convenience and necessity (CCN) map and order issued
by the Executive Director granting CCN No. 13007 to the City of Chico to provide
water service in Wise County, Texas, and to decertify a portion of West Wise Water
Supply Corporation's CCN No.10284, in Wise County, Texas. |
|
| Grant Motion to Overturn, and remand to Executive Director, RH/KW. All Agree |
|
|
RULE PACKAGES: |
|
| Item. 50. |
Docket No. 2002-1029-RUL. Consideration for publication of the following
proposed new and amended sections of 30 TAC Chapter 37, Financial Assurance,
Section 37.11; Chapter 39, Public Notice, Sections 39.420 and 39.801 - 39.810;
Chapter 55, Request for Reconsideration and Contested Case Hearings; Public
Comment, Section 55.156; Chapter 80, Contested Case Hearings, Section 80.109;
Chapter 305, Consolidated Permits, Sections 305.2, 305.41 - 305.44, 305.47, 305.49,
and 305.50; and Chapter 335, Industrial Solid Waste and Municipal Hazardous
Waste, Sections 335.1, 335.2, 335.7, 335.111, 335.112, 335.116, 335.118, 335.119,
335.151, 335.152, 335.156, 335.167, and 335.179. |
|
|
These new and amended sections would address the requirements of House Bill 2912,
Article 5, Section 5.06 and Article 9, Section 9.07, 77th Texas Legislature, 2001, by
amending Chapter 37 by adding the definition of post-closure order; Chapter 39 by
adding a new Subchapter N for post-closure orders; Chapter 55 to identify the
subsections that apply to a post-closure order; Chapter 80 to clarify who can request a
hearing on a post-closure order; Chapter 305 to provide for streamlined applications
specific to post-closure orders and post-closure permits; and Chapter 335 by adopting
certain requirements of the United States Environmental Protection Agency
amendments to 40 Code of Federal Regulations Parts 264, 265, 270, and 271 as
published in the October 22, 1998 issue of the Federal Register (63 FR 56509).
(Michael Bame, Geof Meyer, Amerin Francis-Whisnant) (Rule Log No. 2000-048-335-WS) |
|
| Approve staff recommendation to publish new and amended sections of 30 TAC Chapter 37; Chapter
39; Chapter 55; Chapter 80; Chapter 305 and Chapter 355, RM/RH. All Agree |
|
| Item 51. |
Docket No. 2002-1038-RUL. Consideration for publication of, and hearing on, an
amendment to 30 TAC Chapter 116, Control of Air Pollution by Permits for New
Construction or Modification, Subchapter B, New Source Review Permits, Division 1,
Permit Application, Section 116.112, Distance Limitations, and corresponding
revisions to the state implementation plan (SIP). |
|
|
The proposed rulemaking will add a distance limitation for concrete crushing facilities
to implement House Bill 2912, Section 5.07, 77th Legislature, 2001, which requires
the commission to prohibit the location of or operation of concrete crushing facilities
within 440 yards of a building used as a single or multi-family residence, school, or
place of worship. In accordance with the bill, the distance limitation will not apply to
existing concrete crushing facilities, which are those facilities that were authorized
and actually located or operating at the site as of September 1, 2001. (Beecher
Cameron, Garrett Arthur, Jill Burditt) (Rule Log No. 2001-077-116-AI) |
|
| Approve publication and hearing, RM/KW. All Agree |
|
| Item 52. |
Docket No. 2002-1086-RUL. Consideration for publication of, and hearing on,
proposed amended Section 114.50 of 30 TAC Chapter 114, Control of Air Pollution
from Motor Vehicles; and corresponding revisions to the Texas Inspection and
Maintenance (I/M) State Implementation Plan (SIP). |
|
|
|
These proposed amendments to Chapter 114 and corresponding revisions to the Texas
I/M SIP would revise the El Paso I/M program to convert on-board diagnostic testing
from a requirement beginning January 1, 2003 to a contingency measure of the El
Paso ozone SIP in support of the maintenance of the ozone national ambient air
quality standard. (Hazel Barbour, Alan Henderson) (Rule Log Number
2002-068-114-AI) |
|
| Approve publication and hearing, RM/KW. All Agree |
|
| Item 53. |
Docket No. 2002-1070-RUL. Consideration for publication of a proposed
amendment to 30 TAC Chapter 290, Public Drinking Water, Section 290.45,
Minimum Water System Capacity Requirements. |
|
|
|
The proposed amendment would clean up formatting and sentence structure; more
explicitly state the conditions under which the executive director can establish
capacity operating levels higher than the minimum requirements expressed in the rule,
including repeated customer complaints regarding inadequate pressure or requests for
a capacity evaluation from customers of the system; clarify minimum water system
capacity requirements for wholesale water suppliers who also supply retail
connections; clarify public water system and wholesaler responsibilities for meeting
production requirements; specify the process for a public water system to request an
alternative capacity requirement; specify exactly how an alternative capacity
requirement is to be determined; and specify the process for review and revocation or
revision of an alternative capacity requirement by the executive director. (James
Pope, Todd Burkey, Jill Burditt) (Rule Log No. 2002-049-290-WT) |
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| Approve publication of proposed amendment to 30 TAC Chapter 290, RH/KW. All Agree |
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| Item 54. |
Docket No. 2002-0152-RUL. Consideration for adoption of amendments to the
following sections of 30 TAC Chapter 293, Water Districts, Subchapter A, General
Provisions, Section 293.1; Subchapter B, Creation of Water Districts, Section 293.11;
Subchapter E, Issuance of Bonds, Sections 293.42, 293.44, 293.46, 293.47, 293.51,
293.56, and 293.59; Subchapter G, Other Actions Requiring Commission
Consideration for Approval, Sections 293.81 and 293.89; Subchapter I, District Name
Changes and Posting Signs, Section 293.103; Subchapter K, Fire Department Projects,
Section 293.123; Subchapter N, Petition for Approval of Impact Fees, Section
293.171; Subchapter P, Acquisition of Road Utility District Powers by Municipal
Utility District, Sections 293.201 and 293.202. The commission also adopts new
Section 293.113, District and Water Supply Corporations Authority Over Wastewater
Facilities, readopts Section 293.87, Application for Extension of Time to Sell Bonds,
and the repeal of Section 293.121, Approval of Fire Department Projects. In addition,
the commission is adopting an amendment of 30 TAC Chapter 50, Action on
Applications and other Authorizations, Section 50.131, Purpose and Applicability.
Primarily, the adopted revisions to Chapter 293 implement Senate Bill (SB) 1444
(relating to the general powers and authority of water districts; providing penalties),
which amended Texas Water Code, Chapters 49 and 54. In addition, the adopted rules
would amend Chapter 293 to implement House Bill (HB) 2994 (relating to the
approval of certain contracts of special districts); HB 2912 (relating to the
continuation and functions of the Texas Natural Resource Conservation Commission;
providing penalties), Sections 18.01 and 20.02; and 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. |
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The adopted revisions based on these legislative provisions mainly adjust
requirements relating to the administration of water districts and water supply
corporations and commission supervision over their actions. The commission also
adopts minor changes and clarifications regarding issuance of bonds and changes to
reflect the new name of the agency, Texas Commission on Environmental Quality,
effective September 1, 2002. Consistent with SB 1444, the amendment to Section
50.131 authorizes the Executive Director to approve fire department or fire-fighting
services plans. The proposed Chapter 50 and Chapter 293 rules were published in the
April 12, 2002 issue of the Texas Register (27 TexReg 2925, 2984). (Randy Nelson,
Angela Stepherson, Auburn Mitchell) (Rule Log No. 2001-054-293-WT) |
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| Approve adoption of amendments, RM/RH. All Agree |
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| Item 55. |
Docket No. 2002-0955-RUL. Consideration for publication of, and hearing on,
proposed amended and new sections of 30 TAC Chapter 113, Standards of
Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants
that would incorporate by reference United States Environmental Protection Agency
(EPA) rules made concerning national emission standards for hazardous air pollutants
(NESHAP) for source categories in implementation of the 1990 Amendments to the
Federal Clean Air Act (FCAA). These NESHAP standards are technology-based
standards commonly referred to as the maximum achievable control technology
(MACT) standards. The rulemaking will: add fifteen new MACT subparts, including
"MACT Hammer"; and update 35 MACT subparts previously adopted by the
commission by updating the federal promulgation dates cited in the commission rules
MACT Hammer. Title 40 Code of Federal Regulations (CFR) Part 63, Subpart B, in
implementation of FCAA, Section 112j, requires an application for a permit or permit
revision to be submitted for each source category for which EPA was scheduled to,
but failed to promulgate a MACT standard. This requirement, commonly called the
"MACT Hammer," is set forth in 40 CFR Sections 63.50 - 63.56, which this
rulemaking proposes to adopt by reference in new Section 113.105. Because EPA has
not promulgated several MACT standards, the commission will be required to permit
major sources for each of these source categories on a case-by-case basis under 30
TAC Chapter 122, Federal Operating Permits. (Keith Sheedy, Steve Hagle, Dan
Joyner, Auburn Mitchell) (Rule Log No. 2002-036a-113-AI) |
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| Remanded to Executive Director |
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| Item 56. |
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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| Commission met in Executive Session, no action taken. |
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| Item 57. |
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. No final action, decision or vote with regard to
any legal or personnel matter considered in the closed meeting shall be made in the
absence of further notice issued in accordance with Chapter 551 of the Government
Code. |
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| Reposted as Item 59 |
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| Item 58. |
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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| Commission met in Executive Session, 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. |