|
Hearing Requests |
|
| Item 1. |
Docket No. 1999-0703-MWD. Consideration of permit application #
13930-001, submitted by CITY OF BLOOMBERG for a new permit,
Permit No. 13930-001, to authorize the discharge of treated domestic
wastewater at a daily average flow not to exceed 90,000 gallons per day.
The wastewater treatment facility was previously permitted under Permit
No. 11146-001, which expired July 26, 1996. The wastewater treatment
facilities and disposal site are located approximately 200 feet south of the
intersection of Anthony and Louisiana Streets in Cass County, Texas.
The Commission will also consider hearing requests, related responses
and relies, public comment and the Executive Director's responses to
comments. |
|
| Remanded to Executive Director |
|
| Item 2. |
Docket No. 1999-0700-AIR. THATEN BUILDING & MAINTENANCE
for Air Quality Permit No. 39911 to construct a Bulk Material Handling
and Storage Facility. The location of the proposed facility is 1111 Shady
Oaks Drive in Denton, Denton County, Texas. The Commission will
consider the application and the hearing requests filed on the application.
(Kerri Rowland/Ann Inman) |
|
| Deny Hearing Request and issue permit, JB/RH. Ralph Marquez abstains from vote |
|
| Item 3. |
Docket No. 1999-0704-MWD. Consideration of permit application #
14029-001, submitted by LIPAR GROUP, INC. for a new permit, Permit
No. 14029-001, to authorize the discharge of treated domestic wastewater
at a daily average flow not to exceed 75,000 gallons per day. The
wastewater treatment facilities and disposal site are located approximately
2,600 feet north of State Highway 242, approximately 2.2 miles east of
the intersection of State Highway 242 and Farm-to-Market Road 1314,
approximately 10 miles southeast of the City of Conroe in Montgomery
County, Texas. The Commission will also consider hearing requests,
related responses and replies, public comment and the Executive
Director's response to comments. |
|
| Remanded to Executive Director |
|
|
Designation of Single Property |
|
| Item 4. |
Docket No. 1999-0757-AIR. Consideration of a Petition and Proposed
Order regarding Designation of Single Property, pursuant to 30 TAC
Section 101.2(b), concerning Multiple Air Contaminant Sources or
Properties, submitted by Enterprise Products Operation L.P., Mont
Belvieu Associates, Texaco Exploration & Production, Inc., Burlington
Resources Hydrocarbons, Inc., Union Pacific Fuels, Inc., Belview
Environmental Fuels, and Tame Enviro-Fuel Partners in Chambers
County, Texas. If granted the petitioners will have their properties
designated as a single property for the purpose of demonstrating
compliance with TNRCC regulations and the control of air emissions. |
|
| Approve petition and proposed order, RM/JB. All Agree |
|
|
Affirm, Modify, or Set Aside Emergency Order |
|
| Item 5. |
Docket No. 1999-0539-UCR. Consideration of whether to affirm,
modify, or set aside the Emergency Rate Order issued by the Executive
Director, without a hearing, on May 28, 1999 approving the application
by Canyon Ridge Investment Company, as temporary manager for Bruce
Frank doing business as Siesta Estates Mobile Home Park, for an
emergency sewer rate increase. The order was issued pursuant to Sections
5.508 and 13.4133, Texas Water Code, and 30 Texas Administrative Code
Section 35.202. The utility serves approximately 65 connections in
Randall County, Texas. The Emergency Rate Order authorized a rate
increase from a monthly flat rate of $5.00 per connection to a monthly flat
rate of $25.65 per connection, effective June 1, 1999 for a period of 15
months or until a final rate is set, which ever occurs sooner. The
application states that the rate increase is necessary to ensure the
provision of continuous and adequate services to the utility's customers.
(Angela Stepherson/Mary Jane Ford) |
|
| Application for rate increase withdrawn, set aside emergency order, JB/RH. All Agree |
|
|
Miscellaneous |
|
| Item 6. |
Docket No. 1998-0417-MIS. Consideration of gifts and donations of
$500.00 or more in value given to the TNRCC, submitted for approval in
accordance with Senate Bill 145, which added Chapter 575 to the
Government Code, concerning acceptance of gifts by certain state
agencies (Jenny Cordell) |
|
| Approve staff recommendation, RH/JB. Marquez Absent for this item |
|
|
Report |
|
| Item 7. |
Docket No. 1999-0758-RPT. Request for approval of changes to the
Water Quality Management Program Continuing Planning Process
document, specifically Series 1 (Public Participation), Series 6 (Water
Quality Management Planning), and Series 11 (Segment Classification)
(Tom Weber) |
|
| Approve changes to report and adopt resolution, RH/RM. All Agree |
|
|
Municipal Waste Discharge Enforcement Agreed Orders |
|
| Item 8. |
Docket No. 1998-0313-MWD-E. Consideration of an Agreed Order
assessing administrative penalties against Lattimore Materials Company,
L.P. in Collin County; TNRCC ID No. 0000127; for water quality
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Tracy
Harrison) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 9. |
Docket No. 1997-1084-MWD-E. Consideration of an Agreed Order
assessing administrative penalties of FFP Operating Partners, L.P. in
Collin County; Permit No. WQ0013661-001; for water quality violations
pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Gilbert Angelle) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
| Item 10. |
Docket No. 1998-0460-MWD-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Kerens in Navarro County; Permit No. 10745-001; for water quality
violations pursuant to Texas Water Code ch. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Craig Carson) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
|
|
Landscape Irrigator Installer Default Order |
|
| Item 11. |
Docket No. 1997-0430-LII-E. Consideration of a Default Order
assessing administrative penalties against Michael Strozdas in Bexar
County; TNRCC ID No. LI0003437; for landscape irrigator installer
violation pursuant to Chapter 34 of the Texas Water Code and the rules of
the Texas Natural Resource Conservation Commission. (David Speaker) |
|
| Issue Default Order, RM/RH. All Agree |
|
|
Air Enforcement Agreed Orders |
|
| Item 12. |
Docket No. 1998-1147-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Mehdi
Payesteh dba Quality Lube in Dallas County; TNRCC ID No.
DB-4953-W; for air quality violations pursuant to the Texas Clean Air
Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (Ali Abazari) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 13. |
Docket No. 1999-0257-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and resolving an enforcement action
against FFP Operating Partners, L.P. in El Paso County; Account No.
EE-1115-S; for air quality violations pursuant to the Texas Clean Air Act,
Texas Health & Safety Code ch. 382, Texas Water Code ch. 7, and the
rules of the Texas Natural Resource Conservation Commission. (Stacey
Young) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 14. |
Docket No. 1999-0097-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Darrel
Dannen dba Double D Motors in Dallas County; Account No.
DB-3447-D; for air quality violations pursuant to the Texas Clean Air
Act, Texas Health & Safety Code chs. 382, Texas Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission.
(Michael De La Cruz) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 15. |
Docket No. 1998-1526-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Loves
Country Store, Incorporated in El Paso County; Account No. EE-1053-P;
for air quality violations pursuant to the Texas Clean Air Act, Texas
Health & Safety Code ch. 382, Texas Water Code ch. 7 and the rules of
the Texas Natural Resource Conservation Commission. (Carol Dye) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 16. |
Docket No. 1999-0063-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Pioneer
Concrete of Texas, Incorporated in Collin and Dallas Counties; Account
Nos. CP-0084-V and DB-0856-D; for air quality violations pursuant to the
Texas Clean Air Act, Texas Health & Safety Code chs. 341 and 382,
Texas Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Michael De La Cruz) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 17. |
Docket No. 1998-1162-AIR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Valero
Refining Company in Nueces County; Account No. NE-0012-G; for air
quality violations pursuant to the Texas Clean Air, TEX. HEALTH&
SAFETY CODE ch. 382, TEX. WATER CODE ch.7, and the rules of the
Texas Natural Resource Conservation Commission. (Carl Schnitz) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
|
Air Enforcement Default Order |
|
| Item 18. |
Docket No. 1998-0683-AIR-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of David
E. Hall dba David E. Hall Company in Dallas County; TNRCC ID No.
DB-4429-V; for air quality violations pursuant to Texas Clean Air Act,
Chapter 382 of the Texas Health & Safety Code, and the rules of the
Texas Natural Resource Conservation Commission. (William Puplampu) |
|
| Issue Default Order, JB/RH. All Agree |
|
|
Petroleum Storage Tank Shutdown Orders |
|
| Item 19. |
Docket No. 1999-0274-PST-E. Consideration of a Shutdown Order
requiring certain actions of Mohammed Ruzi Niuzi dba King Mart #1 in
Harris County; TNRCC ID No. 0037105 for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Robin
Houston) |
|
| Remand to Executive Director |
|
| Item 20. |
Docket No. 1997-0950-PST-E. Consideration of a Shutdown Order
requiring certain actions of Albert Abusalah dba Braeswood Texaco in
Harris County; TNRCC No. 0034569; for petroleum storage tank
violations pursuant to Chapter 26 of the Texas Water Code and the rules
of the Texas Natural Resource Conservation Commission. (Robin
Houston) |
|
| Remand to Executive Director |
|
| Item 21. |
Docket No. 1999-0178-PST-E. Consideration of a Shutdown Order
assessing administrative penalties and requiring certain actions of Village
Car Wash, Inc. and Genico Distributors, Inc. dba Aladdine Care Wash,
Inc., and Aladdin Car Wash, Inc. in Tarrant County; TNRCC ID No.
0027362; for petroleum storage tank violations pursuant to Chapter 26 of
the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Robin Houston) |
|
| Remand to Executive Director |
|
|
Petroleum Storage Tank Default Order |
|
| Item 22. |
Docket No. 1998-0803-PST-E. Consideration of a Default Order
assessing administrative penalties and requiring certain actions of Afzal
Shekhani dba Aldine Food and Gas Mart in Harris County; TNRCC ID
No. 0038239; for petroleum storage tank violations pursuant to Chapter
26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety
Code, and the rules of the Texas Natural Resource Conservation
Commission. (William Puplampu) |
|
| Issue Default Order, JB/RH. All Agree |
|
|
Petroleum Storage Tank Enforcement Agreed Orders |
|
| Item 23. |
Docket No. 1998-1300-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Laique
& Sons, Inc. in Tarrant County; PST Facility ID No. 0063907; for
petroleum storage tank violations pursuant to Texas Health & Safety Code
ch. 382 and Texas Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Julia McMasters) |
|
| Remand to Executive Director |
|
| Item 24. |
Docket No. 1998-1256-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Karmali
Holdings, Inc. in Tarrant County; PST Facility ID. No. 2224; for air
quality and petroleum storage tank violations pursuant to the Texas Clean
Air Act, Texas Health & Safety Code ch. 382, and the Texas Water Code
chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Gayle Zapalac) |
|
| Remand to Executive Director |
|
| Item 25. |
Docket No. 1998-1493-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Phillips
66 Company dba Turnpike 66 and Phillips 66 Company dba Seminary 66
in Tarrant County; PST Facility ID Nos. 10981 and 64981; for petroleum
storage tank violations pursuant to the Texas Health & Safety Code ch.
382 and the Texas Water Code ch. 7. (Mohammed Issa) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 26. |
Docket No. 1998-1278-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Cindi
Mills dba C & J Trading Post in Ellis County; PST ID No. 0070876; for
petroleum storage tank violations pursuant to the Texas Water Code chs. 7
and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Sushil Modak) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 27. |
Docket No. 1998-1258-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Karim
Momin dba Gas & Stuff Food Mart in Harris County; 0028584; for
petroleum storage tank violations pursuant to Texas Health & Safety Code
ch. 382 (the Act") and Texas Water Code chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Sushil Modak) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 28. |
Docket No. 1998-0014-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
TRI-CON, Inc. dba Express Mart #4 in Jefferson County; PST Facility
0039980; for petroleum storage tank violations pursuant to Texas Clean
Air Act, Texas Health & Safety Code ch. 382 ("the Act") and Texas
Water Code ch. 7 and the rules of the Texas Natural Resource
Conservation Commission. (Steve Roberts) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 29. |
Docket No. 1998-0998-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Federal
Express Corporation in Harris County; PST Facility ID No. 0035712; for
petroleum storage tank violations pursuant to Texas Water Code chs. 7
and 26 and the rules of the Texas Natural Resource Conservation
Commission. (J. Mac Vilas) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 30. |
Docket No. 1998-0719-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of AGM
Texaco, Incorporated in Harris County; PST Facility ID No. 0026715; for
petroleum storage tank violations pursuant to Texas Health and Safety
Code ch. 382 and Texas Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Jason C. Harris) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 31. |
Docket No. 1998-1257-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Ahmad
Enterprises in Montgomery County; PST Facility ID No. 0047170; for
petroleum storage tank violations pursuant to Texas Water Code ch. 7 and
Texas Health & Safety Code ch. 382 and the rules of the Texas Natural
Resource Conservation Commission. (J. Mac Vilas) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 32. |
Docket No. 1998-0482-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Jack
Morton in Panola County; TNRCC ID No. 0006823; for petroleum
storage tank violations pursuant to Chapter 26 of the Texas Water Code
and the rules of the Texas Natural Resource Conservation Commission.
(Laura Kohansov) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 33. |
Docket No. 1998-0550-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Yogesh
Gandhi dba The Party Keg in Jefferson County; TNRCC ID No. 0006788;
for petroleum storage tank violations pursuant to Chapter 26 of the Texas
Water Code and the rules of the Texas Natural Resource Conservation
Commission. (Laura Kohansov) |
|
| Remand to Executive Director |
|
| Item 34. |
Docket No. 1998-0716-PST-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Kashmir, Inc., dba Greenbriar Grocery in Smith County; TNRCC ID. No.
43001; for petroleum storage tank violations pursuant to Chapter 26 of the
Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Laura Kohansov) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 35. |
Docket No. 1997-1195-PST-E. Consideration of an Agreed Order
assessing administrative penalties against Lorne Thornbrue in Wichita
County; TNRCC ID. No. 69290; for petroleum storage tank violations
pursuant to Chapter 26 of the Texas Water Code and the rules of the
Texas Natural Resource Conservation Commission. (Laura Kohansov) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
Industrial Waste Discharge Enforcement Agreed Order |
|
| Item 36. |
Docket No. 1998-0976-IWD-E. Consideration of an Agreed Order
assessing administrative penalties against Vulcan Materials Company in
Eastland County; TNRCC Water Quality Permit No. 03329; for water
quality violations pursuant to Chapter 26 of the Texas Water Code and the
rules of the Texas Natural Resource Conservation Commission. (Ali
Abazari) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
Public Water Supply Enforcement Agreed Orders |
|
| Item 37. |
Docket No. 1998-1016-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Shawn
Fuller dba Fuller Mobile Home Park in Lubbock County; PWS ID. No.
1520232; for drinking water quality violations pursuant to Texas Health &
Safety Code, Chapter 341 and the rules of the Texas Natural Resource
Conservation Commission. (Gloria Stanford) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 38. |
Docket No. 1998-1222-PWS-E. Consideration of an Agreed Order
assessing administrative penalties against the City of Blanco in Blanco
County; PWS No. 0160002; for drinking water quality violations pursuant
to the Texas Health & Safety Code Chapter 341 and the rules of the Texas
Natural Resource Conservation Commission. (Sandy VanCleave) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 39. |
Docket No. 1998-1045-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Zion
Lutheran Church of Helotes in Bexar County; PWS No. 0150513; for
drinking water quality violations pursuant to Texas Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Jayme Brown) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 40. |
Docket No. 1999-0102-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of C.L.
Thomas Inc. dba Speedy Stop #46 in Victoria County; Public Water
Supply No. 2350044; for drinking water quality violations pursuant to
Texas Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Jayme Brown) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 41. |
Docket No. 1999-0101-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Lawrence Water Supply in Kaufman County; Public Water Supply No.
1290018; for drinking water quality violations pursuant to Texas Health &
Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Jayme Brown) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 42. |
Docket No. 1998-1076-PWS-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Timothy M. Bradberry and Sallie M. Bradberry dba Bradberry Water
Supply in Wise County and Tarrant County; CCN No. 11950 for drinking
water quality violations pursuant to the Texas Health & Safety Code
Chapter 341 and the rules of the Texas Natural Resource Conservation
Commission. (Sandy VanCleave) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
Industrial Hazardous Waste Enforcement Agreed Orders |
|
| Item 43. |
Docket No. 1998-1321-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Groendyke Transport, Inc. in Brazoria County; ISW Registration No.
31059; for industrial & hazardous waste violations pursuant to Texas
Solid Waste Disposal Act, Texas Health & Safety Code ch. 361 ("the
Act") and Texas Water Code chs. 7 and 26, and the rules of the Texas
Natural Resource Conservation Commission. (Randy Norwood) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 44. |
Docket No. 1998-1181-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Champion Technologies, Inc. in Fort Bend County; Solid Waste
Registration No. 31502; for industrial & hazardous waste violations
pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of their
Texas Health & Safety Code, Chapters 7 and 26 of the Texas Water Code,
and the rules of the Texas Natural Resource Conservation Commission.
(Thomas Greimel) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 45. |
Docket No. 1998-1467-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Noltex
L.L.C. in Harris County; Solid Waste Registration No. 84348; for an
industrial & hazardous waste violation pursuant to the Texas Solid Waste
Disposal Act, Texas Health & Safety Code ch. 361 and Texas Water Code
ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Thomas Greimel) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 46. |
Docket No. 1998-1314-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Merichem-Sasol USA LLC in Harris County; Solid Waste Registration
No. 30595; for industrial & hazardous waste violations pursuant to the
Texas Health & Safety Code ch. 361 and Texas Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission.
(Tim Haase) |
| |
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 47. |
Docket No. 1998-0738-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Technical Coatings, Inc. in Lubbock County; Solid Waste Registration
No. 33276; for industrial & hazardous waste violations pursuant to Texas
Health & Safety Code ch. 361 and Texas Water Code chs. 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission. (Tim
Haase) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 48. |
Docket No. 1998-1243-IHW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of
Raytheon E-Systems, Inc. in Hunt County; Solid Waste Registration No.
30449; for industrial & hazardous waste violations pursuant to the Texas
Solid Waste Disposal Act, Texas Health & Safety Code ch. 361 ("the
Act") and Texas Water Code ch. 7 and the rules of the Texas Natural
Resource Conservation Commission. (Susan Johnson) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
Municipal Solid Waste Enforcement Agreed Order |
|
| Item 49. |
Docket No. 1998-1315-MSW-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of City of
Brady in McCulloch County; Municipal Solid Waste Permit No. 1732; for
municipal solid waste violations pursuant to Texas Health & Safety Code
ch. 361 and Texas Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Tim Haase) |
| |
| Issue Agreed Order, RH/JB. All Agree |
|
|
Multi-Media Enforcement Agreed Order |
|
| Item 50. |
Docket No. 1998-0061-MLM-E. Consideration of an Agreed Order
assessing administrative penalties against Ronnie Smith dba Smith's
Diamond C Ranch, in Erath County; Account No. EF-0109-J for air
quality and municipal solid waste violations pursuant to the Texas Clean
Air Act, Texas Health & Safety Code ch. 382, the Texas Solid Waste
Disposal Act, Texas Health & Safety Code ch. 361 Texas Water Code ch.
26 and the rules of the Texas Natural Resource Conservation
Commission. (Terry Thompson) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
Edward Aquifer Enforcement Agreed Order |
|
| Item 51. |
Docket No. 1998-0600-EAQ-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of the City
of Georgetown in Williamson County; for water quality violations
pursuant to Texas Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Merrilee Gerberding) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
Agricultural Agreed Enforcement Agreed Order |
|
| Item 52. |
Docket No. 1998-0931-AGR-E. Consideration of an Agreed Order
assessing administrative penalties and requiring certain actions of Wayne
Moerman dba Triple X Dairy in Comanche County; Permit No. 03669; for
water quality violations pursuant to Texas Water Code chs. 7 & 26 and
the rules of the Texas Natural Resource Conservation Commission.
(Briam Lehmkuhle) |
|
| Issue Agreed Order, JB/RM. All Agree |
|
|
Rules |
|
| Item 53. |
Docket No. 1999-0620-RUL. Consideration for publication of and
hearing on proposed amendments to 30 TAC Chapter 117. concerning
Control of Air Pollution from Nitrogen Compounds, Subchapter A,
concerning Definitions; Subchapter B, concerning Combustion at Existing
Major Sources; and Subchapter D, concerning Administrative Provisions;
and revisions to the State Implementation Plan concerning the
amendments. The changes would set emission limits, a compliance
schedule, and requirements for operating, testing, recordkeeping and
reporting for stationary gas-fired, lean-burn engines in the Beaumont/Port
Arthur (BPA) ozone nonattainment area. The proposed changes would
also eliminate the requirement to operate wood-fired boilers with flue gas
sensor-based trim, add an option to monitor exhaust flow instead of fuel
flow, and clarify several requirements and rule references applicable to
major existing sources of nitrogen oxides in the BPA, Dallas/Fort Worth,
and Houston/Galveston ozone nonattainment areas. (Randy Hamilton)
(Rule Log No. 99020-117-AI) |
|
| Approve publication and hearing with changes as requested by staff, RM/RH. All Agree |
|
| Item 54. |
Docket No. 1999-0640-RUL. Consideration for publication of and
hearing on proposed amendments to 30 TAC Chapter 115, Subchapter B,
concerning General Volatile Organic Compound Sources: proposed
amendments to Sections 115.140, 115.142-115.149, concerning Industrial
Wastewater; proposed new Sections 115.160-115.167 and 115.169,
concerning Batch Processes; and revisions to the State Implementation
Plan regarding these proposed amendments. These amendments will
ensure the implementation of reasonably available control technology for
major volatile organic compound sources in the Beaumont/Port Arthur
ozone nonattainment area. The amendments also reorganize and modify
portions of the existing Chapter 115 industrial wastewater rules which
apply in the Dallas/Fort Worth, El Paso, and Houston/Galveston ozone
nonattainment areas. (Eddie Mack/Jim Dodds) (Rule Log No. 99019-115-AI) |
|
| Approve publication and hearing with changes as requested by staff, RM/RH. All Agree |
|
| Item 55. |
Docket No. 1998-0837-RUL. Consideration of the adoption of the
review and readoption of 30 TAC §11.1, concerning Historically Under
utilized Businesses (HUB). This review complies with the General
Appropriations Act, Article IX, Section 167, 75th Legislature, 1997,
which requires state agencies to review and consider for readoption rules
adopted under the Administrative Procedure Act. The proposed notice of
review of §11.1 was published in the August 14, 1998 issue of the Texas
Register (23 TexReg 8507). The commission continued the review of
§11.1 in the December 25, 1998 issue of the Texas Register (23 TexReg
13107). (Forrest Brooks) (Rule Log No. 97161-011-AD) |
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| Remanded to Executive Director |
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| Item 56. |
Docket No. 1998-1272-RUL. Consideration for adoption of
amendments to the following sections of 30 TAC Chapter 324, concerning
Used Oil Recycling: |
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| | Section 324.1 - Adoption by Reference
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Section 324.2 - Definitions |
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Section 324.3 - Applicability |
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Section 324.4 - Prohibitions |
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Section 324.5 - Notice by Retail Dealer |
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Section 324.6 - Generators |
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Section 324.7 - Collection Centers |
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Section 324.11 - Transporters and Transfer Facilities |
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Section 324.12 - Processors and Rerefiners |
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Section 324.13 - Burners of Off-Specification Used Oil for Energy
Recovery |
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Section 324.14 - Marketers of Used Oil Fuel |
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Section 324.15 - Spills |
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Section 324.16 - Polychlorinated Biphenyls (PCBs) |
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Section 324.21 - Suspension or Revocation of Registration |
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Section 324.22 - Soil Remediation Requirements for Used Oil Handlers |
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Consideration for adoption of the repeal of the following sections of 30
TAC Chapter 324: |
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Section 324.8 - Limitation of Liability |
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Section 324.9 - Reimbursement of Used Oil Collection Center's
Hazardous Waste Disposal Expense |
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Section 335.10 - Procedures for Reimbursement of Collection Centers |
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Consideration for readoption of 30 TAC Chapter 324, as required by the
General Appropriations Act, Article IX, Section 167, 75th Legislature,
1997. If the amendments and repeals are adopted, they would improve the
readability of the rule. If 30 TAC Chapter 324 is readopted, the
commission will have fulfilled the review requirements of General
Appropriations Act, Article IX, Section 167, 75th Legislature, 1997. The
proposed text and notice of proposed review was published in the March
12, 1999, issue of the Texas Register (24 TexReg 1741). (Jamie
Robinson/Vic Ramirez) (Rule Log No. 98040-324-WS) |
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| Submitted in Error |
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| Item 57. |
Docket No. 1999-0599-SIP. Consideration for publication of, and
hearing upon, the proposed State Implementation Plan (SIP) concerning
the attainment demonstration for the Beaumont/Port Arthur ozone
nonattainment area. This SIP provides the results of air quality dispersion
modeling for attaining the one-hour ozone standard in Beaumont/Port
Arthur. (Mike Magee) (Rule Log No. 99018-SIP-AI) |
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| Approve publication and hearing with changes as requested by staff, RM/RH. All Agree |
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| Item 58. |
Docket No. 1999-0549-RUL. Consideration for publication of, and a
hearing upon, proposed amendments to 30 TAC Chapter 101, General
Rules, Section 101.1, concerning Definitions; Section 101.2, concerning
Multiple Air Contaminant Sources or Properties; Section 101.10,
concerning Emission Inventory Requirements; Section 101.30, concerning
Conformity of General Federal and State Actions to State Implementation
Plans; and a new Section 101.28, concerning Stringency Determination
for Federal Operating Permits. The proposal changes the title of Chapter
101 to "General Air Quality Rules." The amendments to Section 101.1
remove definitions duplicated in other chapters of 30 TAC, add
definitions that are used in multiple chapters, and amend certain
definitions; the amendments to Section 101.2 authorize the executive
director to act on petitions for single property designation; the
amendments to Section 101.10 clarify the existing statutory authority of
the Texas Natural Resource Conservation Commission under Texas
Health and Safety Code, Section 382.014, concerning Emission Inventory;
and the amendments to Section 101.30 relocate certain definitions to
Section 101.1 because the definitions are used in multiple chapters. The
new Section 101.28 allows compliance with a single set of equivalent or
more stringent monitoring and testing requirements for holders of federal
operating permits with multiple requirements. The proposed amendments
to §§101.1, 101.10, and 101.30, and the new 101.28 are amendments to
the State Implementation Plan (SIP). (Beecher Cameron) (Rule Log No.
99017-101-AI) |
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| Approve publication and hearing, with changes as recommended by staff and
commissioners, RM/RH. All Agree |
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EXECUTIVE SESSION |
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| Item 59. |
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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| No Action Taken |
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| Item 60. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A
CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND
RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC
PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT,
CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The
Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter
551 of the Government Code. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE
TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR
SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE
DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR
BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE
OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO
(2) WORK DAYS PRIOR TO THE AGENDA, SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS
TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS
IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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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. |
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