| 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. | |
| 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. 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. | |
| 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. | |
| Item carried forward from Agenda of October 27, 1999. | ||
| Item 1. | Docket No. 1999-1189-MWD. Consideration of permit application no. 11866-001, submitted by Brushy Creek Municipal Utility District for a renewal of Permit No. 11866-001, that authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located approximately 2 miles west of interstate Highway 35 and 3,600 feet north of Farm-to-Market Road 3406 in Williamson 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 SOAH | ||
Item carried forward from Agenda of April 19, 2000 and May 17, 2000. Item
2.
Docket No. 1999-1450-RUL. Consideration for adoption of the following new sections of 30
TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter E, Low
Emission Vehicles, new Division 2, California Low Emission Vehicle Requirements, and
corresponding revisions to the State Implementation Plan (SIP):
Section 114.160 - Definitions
Section 114.161 - Applicability
Section 114.162 - Emission Requirements and Prohibitions
Section 114.163 - Exemptions
Section 114.164 - New Vehicle Certification and Testing
Section 114.165 - Reporting Requirements
Section 114.166 - Enforcement
Section 114.167 - Aftermarket Parts
Section 114.169 - Affected Counties
The amendments to Chapter 114 are one element of the control strategy in the Texas
SIP in order to control ground-level ozone. The rules implement the California Low
Emission Vehicle program in the State of Texas to reduce emissions of oxides of
nitrogen necessary to demonstrate attainment with the national ambient air quality
standard for ozone. The proposal was published in the December 31, 1999 issue of
the Texas Register (24 TexReg 11897). (Alan Henderson/Ken Gathright) (Rule Log
No. 199-055K-114-AI). Accept Executive Director's Proposal , not to adopt rules, RH/RM. All Agree
Superfund Item
1.
Docket No. 2000-0489-SPF. Consideration of an administrative order to conduct a remedial
action at the Aztec Ceramics State Superfund Site in San Antonio, Bexar County, Texas.
(Gary Wehrman, Carol Lear) Issue Admin Order, RH/JB. All Agree
On-Site Sewage Installers Enforcement Agreed Orders Item
2.
Docket No. 1999-1149-OSI-E. Consideration of an Agreed Order assessing administrative
penalties against James Ray Eatherly in Glasscock County; TNRCC ID No. OS7095; for
on-site sewage installation violations pursuant to Chapter 7 of the Texas Water Code, Chapter
366 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Joshua M. Olszewski) Issue Agreed Order, RM/JB. All Agree Item
3.
Docket No. 1999-1401-OSI-E. Consideration of an Agreed Order assessing administrative
penalties against Wayne E. Barnes in Harris County; OSSF Installer No. OS4473; 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. (Sherry
Smith/Roscoe Bayless) Issue Agreed Order, RH/JB. All Agree Item
4.
Docket No. 1999-1191-OSI-E. Consideration of an Agreed Order assessing administrative
penalties of Alfred Feller in Kendall County; On-Site Sewage Facility Installer No. OS3339;
for water quality violations pursuant to Tex. Health & Safety Code ch. 366 and Tex. Water
Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Erika
Fair) Issue Agreed Order, RM/JB. All Agree
On-Site Sewage Installers Enforcement Default Order Item
5.
Docket No. 1999-1572-OSI-E. Consideration of a Default Order assessing administrative
penalties against Rudy Ramirez in Bastrop County; TNRCC ID No. 1836; for on-site sewage
installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules
of the Texas Natural Resource Conservation Commission. (Joshua Olszewski) Issue Default Order, RH/JB. All Agree
On-Site Sewage Facility Enforcement Agreed Order Item
6.
Docket No. 1999-1445-OSS-E. Consideration of an Agreed Order assessing administrative
penalties against Philip G. Dozier in Polk County; On-Site Sewage Facility Installer
Certification No. OS133; for on-site sewage facility violations pursuant to the Tex. Health &
Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Corey M. Burke) Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Enforcement Agreed Orders Item
7.
Docket No. 1999-1100-PST-E. Consideration of an Agreed Order assessing administrative
penalties and requiring certain actions of Afreen Enterprises Inc. in Harris County; PST
Facility ID No.0017143; for petroleum storage tank violations pursuant to Tex. Health &
Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Erika Fair) Issue Agreed Order, RM/RH. All Agree Item
8.
Docket No. 1998-1026-PST-E. Consideration of an Agreed Order assessing administrative
penalties against Ron Laney Oil Company, Inc. and James Peek dba Peek Service Station
in Knox County; TNRCC ID No. 08313; for petroleum storage tank violations pursuant to
Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Scott McDonald) Issue Agreed Order, RM/RH. All Agree Item
9.
Docket No. 1999-1576-PST-E. Consideration of an Agreed Order assessing administrative
penalties and requiring certain actions of PETRON, Inc. in Orange County; PST Facility ID
No. 34431; 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. (Susan Kelly/Karen Santiesteban) Issue Agreed Order, RM/RH. All Agree Item 10.
Docket No. 1998-0674-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Racetrac Petroleum Inc. in
Dallas County; TNRCC ID No. 12591; 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. (Robin
Houston) Issue Agreed Order, RM/RH. All Agree Item 11.
Docket No. 1999-1348-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Clyde Gachter dba
Gachter's Car Care/Phillips 66 in Tarrant County; PST Facility ID No. 0044114; for
petroleum storage tank violations pursuant to the Tex. Water Code ch. 7, Tex. Health
& Safety Code ch. 3882 and the rules of the Texas Natural Resource Conservation
Commission. (Mohammed Issa) Issue Agreed Order, RM/RH. All Agree
Petroleum Storage Tank Enforcement Default Orders Item 12.
Docket No. 1999-0831-PST-E. Consideration of a Default Order assessing
administrative penalties of Micor Energy, L.L.C. dba AFCO in Tom Green County;
TNRCC ID NO. 58511; for petroleum storage tank violations pursuant to Chapter 7
and 26 of the Texas Water Code and the rules of the Texas Natural Resource
Conservation Commission. (Robin Houston) Continued to July 12, 2000 Item 13.
Docket No. 1999-0718-PST-E. Consideration of a Default Order assessing
administrative penalties against Dennis Dickerson, individually, and Kat Sav-Mor,
Inc. in Ector County; TNRCC ID No. 0003137; for petroleum storage tank violations
pursuant to Chapters 7 and 26 of the Texas Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (Robin Houston) Issue Default Order, JB/RH. All Agree
Industrial Waste Discharge Enforcement Agreed Orders Item 14.
Docket No. 1999-1353-IWD-E. Consideration of an Agreed Order assessing
administrative penalties of H. Muehlstein & Company, Inc. in Harris County;
NPDES Permit No. TX0079561 and Water Quality Permit No. 0002294; for water
quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Erika Fair) Issue Agreed Order, RH/RM. All Agree Item 15.
Docket No. 1999-1287-IWD-E. Consideration of an Agreed Order assessing
administrative penalties of G & C Investment Company, L.L.P. in Harris County:
NPDES Permit No. TX0075078 and TNRCC Permit No. 11923-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Susan Johnson) Issue Agreed Order, RH/RM. All Agree Item 16.
Docket No. 1999-0814-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against Paktank Corporation in Harris County; NPDES
Permit No. TX0030929 and TNRCC Water Quality Permit No. 01662; for water
quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Michael Meyer) Issue Agreed Order, RH/RM. All Agree
Municipal Waste Discharge Enforcement Agreed Orders Item 17.
Docket No. 1999-0738-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Pewitt Consolidated
Independent School District in Morris County; Water Quality Permit No. None; for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Carolyn V. Lind/Sherry
Smith) Issue Agreed Order, RH/RM. All Agree Item 18.
Docket No. 1999-1211-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Water Services, Inc.
in Hays County; Water Quality Permit No. 0003063-000; for water quality violations
pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Larry King/Pam Campbell) Issue Agreed Order, RM/RH. All Agree Item 19.
Docket No. 1999-1354-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Colorado County Water Control & Improvement
District Number 2 in Colorado County; NPDES Permit No. TX0023329 and Water
Quality Permit No. 0010152-001; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (David Van Soest) Issue Agreed Order, RM/RH. All Agree Item 21.
Docket No. 1999-0798-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Ranger in
Eastland County; Expired Water Quality Permit No. 11557-001 and NPDES Permit
No. TX0071064; 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) Issue Agreed Order, RM/RH. All Agree Item 22.
Docket No. 1999-1205-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Hillsboro in Hill
County; Water Quality Permit No. 0010630-001; for water quality violations pursuant
to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource
Conservation Commission. (Michelle Harris) Issue Agreed Order, RM/RH. All Agree Item 23.
Docket No. 1999-1122-MWD-E. Consideration of Agreed Order assessing
administrative penalties against the City of Denton in Denton County; Water Quality
Permit No. 0001992; for water quality violations pursuant to Tex. Water Code chs. 7
and 26, and the rules of the Texas Natural Resource Conservation Commission.
(Michelle Harris) Issue Agreed Order, RM/RH. All Agree Item 24.
Docket No. 1999-0950-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mildred Independent
School District in Navarro County; Water Quality Permit No. 0011646-001; for water
quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Michael De La Cruz) Issue Agreed Order, RM/RH. All Agree Item 25.
Docket No. 1999-0951-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Palmer in Ellis
County; Water Quality Permit No. 0013620-001; for water quality violations pursuant
to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Michael De La Cruz) Issue Agreed Order, RM/RH. All Agree
Municipal Solid Waste Enforcement Agreed Orders Item 26.
Docket No. 2000-0005-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Corsicana in
Navarro County; MSW Facility ID No. 1467; for municipal solid waste violations
pursuant to the Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361,
Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Jorge Ibarra/Karen Santiesteban) Issue Agreed Order, JB/RM. All Agree
Public Water Supply Enforcement Agreed Orders Item 27.
Docket No. 2000-0001-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Resort Water Services,
Incorporated in Hood County; PWS TNRCC ID No. 1110060; for drinking water
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Jorge Ibarra, P.E./Subhash Jain) Issue Agreed Order, RM/RH. All Agree Item 28.
Docket No. 1999-1185-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Paxton Water Supply
Corporation in Shelby County; Public Water Supply Nos. 2100012 and 2100031; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Eric
Reese) Issue Agreed Order, RM/RH. All Agree Item 29.
Docket No. 1999-1324-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Texas Parks and Wildlife
Department in Bell County; Public Water Supply No. 0140159; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Shawn Stewart) Issue Agreed Order, RM/RH. All Agree Item 30.
Docket No. 1999-1570-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ms. Lillian Hopkins dba
Stephens Creek Camping in San Jacinto County; Public Water Supply No. 2040028;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark,
Karen Santiesteban) Issue Agreed Order, RM/RH. All Agree Item 31.
Docket No. 1999-1459-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Starward Realty and
Development, Inc. dba Sunchase Subdivision Water Supply in Jefferson County;
PWS ID No. 1230083; for drinking water violations pursuant to the Tex. Health &
Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Laura Clark/Karen Santiesteban) Issue Agreed Order, RM/RH. All Agree
Air Enforcement Agreed Orders Item 32.
Docket No. 1999-1416-AIR-E. Consideration of an Agreed Order assessing
administrative penalties of Mobil Chemical Company in Jefferson County; Air
Account No. JE-0062-S; for air quality violations pursuant to Texas Clean Air Act,
Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas
Natural Resource Conservation Commission. (Susan Kelly/Karen Santiesteban) Issue Agreed Order, RM/JB. All Agree Item 33.
Docket No. 1999-1470-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Myrl Herrin dba
Brazos Body Shop in Hood County; Air Account No. HQ-0109-D; for air quality
violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382 and
Tex. Water Code ch.7 and the rules of the Texas Natural Resource Conservation
Commission. (Wendy Penland/Karen Santiesteban) Issue Agreed Order, RM/JB. All Agree Item 34.
Docket No. 2000-0078-AIR-E. Consideration of an Agreed Order assessing
administrative penalties of CR/PL, LLC in Dallas County; Air Account No.
DB-0907-L; for air quality violations pursuant to Texas Clean Air Act, Tex. Health &
Safety Code ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Wendy Penland/Carl Schnitz) Remand to Executive Director Item 35.
Docket No. 1999-1367-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Trifinery Petroleum
Services in Nueces County; TNRCC Air Account No. NE-0195-W; for air quality
violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex.
Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Audra Baumgartner) Issue Agreed Order, RM/JB. All Agree Item 36.
Docket No. 1999-1366-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Bartlett in Bell
County; Air Account No. BF-0221-T; for air quality violations pursuant to the Texas
Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the
rules of the Texas Natural Resource Conservation Commission. (Kyle Headley/Karen
Santiesteban) Issue Agreed Order, RM/JB. All Agree Item 37.
Docket No. 2000-0074-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Interstate Forging
Industries Inc. in Grimes County; Air Account No. GK-0016-C; for air quality
violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382,
Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Kyle Headley, Karen Santiesteban) Issue Agreed Order, RM/JB. All Agree Item 38.
Docket No. 1999-1534-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Colorado Interstate Gas
Company in Moore County; Air Account No. MR-0121-W; for air quality violations
pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Shawn Hess/Sheila Smith) Issue Agreed Order, RM/JB. All Agree Item 39.
Docket No. 2000-0029-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Continental Carbon
Company in Moore County; Air Account No. MR-0003-G; for air quality violations
pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Shawn A. Hess/Sheila Smith) Issue Agreed Order, RM/JB. All Agree Item 40.
Docket No. 1999-1002-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ABC-NACO, Incorporated
in Fort Bend County; Air Account No. FG-0044-H; for air quality violations pursuant
to the Texas Clean Air Act, Tex. Health And Safety Code ch. 382, Tex. Water Code
ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tel
Croston) Issue Agreed Order, RM/JB. All Agree Item 41.
Docket No. 1999-1228-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Bob Farrar dba
Ride-on Motors in Dallas County; Account No. DB-1741-O; for air quality violations
pursuant to the Texas Clean Air Act, Texas Health & Safety Code ch. 382, Tex. Water
Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission.
(Wendy Penland/Tel Croston) Issue Agreed Order, RM/JB. All Agree Item 42.
Docket No. 1999-0918-AIR-E. Consideration of an Agreed Order assessing
administrative penalties of Russell Worthen dba F & W Industries Ltd. Inc., in
Ector County; Air Account No. EB-0422-A; for air quality violations pursuant to the
Texas Clean Air Act, Tex. Health And Safety Code ch. 382, Tex. Water Code ch. 7
and the rules of the Texas Natural Resource Conservation Commission. (Dan
Landberger/Tel Croston) Issue Agreed Order, RM/JB. All Agree Item 43.
Docket No. 1999-0977-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Vintage Petroleum, Inc. in
Jackson County; Air Account Nos. JB-0016-M and JB-0049-U for air quality
violations pursuant to the Texas Clean Air Act, Health And Safety Code ch. 382, Tex.
Water Code ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Audra Baumartner/Tel Croston) Issue Agreed Order, RM/JB. All Agree Item 44.
Docket No. 1999-0852-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Groves Woodworks, Inc. in Travis County; Air
Account No. TH-0721-0 for air quality violations pursuant to the Texas Clean Air
Act, Tex. Health & Safety Code ch. 382, Tex. Health & Safety Code ch. 361, Tex.
Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Larry King/Tel Croston) Issue Agreed Order, RM/JB. All Agree Item 45.
Docket No. 1999-1217-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Capitol Aggregates,
Incorporated in Travis County; Air Account No. TH-0015-V for air quality
violations pursuant to the Texas Clean Air Act, Tex. Health And Safety Code ch. 382,
Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation
Commission. (Larry King/Tel Croston) Issue Agreed Order, RM/JB. All Agree
Industrial Hazardous Waste Discharge Enforcement Agreed Orders Item 46.
Docket No. 1999-0315-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Heartland Rig
International, Inc. in McCulloch County; IHW Solid Waste Registration No. 35046;
for industrial & hazardous waste violations pursuant to the Texas Solid Waste
Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and
the rules of the Texas Natural Resource Conservation Commission.
(Mark Newman,Karen Santiesteban) Issue Agreed Order, RH/RM. All Agree Item 47.
Docket No. 1999-1105-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of River City Metal Finishing,
Inc. in Bexar County; Solid Waste Registration 82605; for industrial & hazardous
waste violations pursuant to the Texas Solid Waste Disposal Act, Tex. Health &
Safety Code ch. 361 ("the Act") and Tex. Water Code Chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission (Malcolm A. Ferris/Karen
Santiesteban) Issue Agreed Order, RH/RM. All Agree Item 48.
Docket No. 1999-1045-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of General Cable Industries,
Incorporated in Collin County; Solid Waste Registration No. 30403; for industrial &
Hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Tex.
Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Michael De La Cruz) Issue Agreed Order, RH/RM. All Agree
Rules Item 49.
Docket No. 2000-0055-RUL. Consideration for adoption of new 30 TAC Chapter
11, Subchapter E, Contract Monitoring Roles and Responsibilities. The new
subchapter implements Senate Bill 177, 76th Legislature, 1999. Senate Bill 177
requires state agencies to define the contract monitoring roles and responsibilities of
the agency's staff. (Eddie Molina/Forrest Brooks) (Rule Log No. 1999-041-011-AD) Approve Adoption, RH/JB. All Agree Item 50.
Docket No. 1999-1351-RUL. Consideration for adoption of amendments to the
following sections of 30 TAC Chapter 331, Underground Injection Control: 331.9,
Injection Authorized by Rule; 331.11, Classification of Injection Wells; 331.131,
Applicability; 331.132, Construction Standards; and 331.133, Closure Standards. The
adoption would revise the regulation of Class V injection wells by clarifying
requirements for authorization by rule and updating construction and closure
standards. The proposed rules were published in the January 28, 2000 issue of the
Texas Register (25 TexReg 542). (Alice Rogers and Mary Ambrose) (Rule Log No.
99009-331-WT) Approve Adoption, RM/JB. All Agree Item 51.
Docket No. 2000-0451-RUL. Consideration for publication of, and hearing on,
proposed:
30 TAC Chapter 336, Radioactive Substance Rules, amendments to Subchapter A,
General Provisions; Subchapter B, Radioactive Substance Fees; Subchapter D,
Standards for Protection Against Radiation; Subchapter E, Notices, Instructions, and
Reports to Workers and Inspections; Subchapter F, Licensing of Alternative Methods
of Disposal of Radioactive Material; Subchapter G, Decommissioning Standards; and
Subchapter H, Licensing Requirements for Near-Surface Land Disposal of Low-Level
Radioactive Waste; new Subchapter C, General Disposal Requirements; new
Subchapter D, §§336.331, 336.332, 336.335, 336.336, 336.338, and 336.339; new
Subchapter F, §336.501, Scope and General Provisions; and new Subchapter G,
§§336.602, 336.615, 336.617, 336.619, 336.621, 336.623, 336.625, and 336.627; and
repeal of Subchapter C, Additional Application, Operation, and License
Requirements; Subchapter D, §§336.331-336.340, 336.348, 336.349, 335.351, and
336.361; Subchapter F, §§336.501-336.505, 336.512, 336.514, 336.515, 336.517,
336.519, and 336.521; and Subchapter H, §336.742;
30 TAC Chapter 37, Financial Assurance, amendments to Subchapter S, Financial
Assurance for Alternative Methods of Disposal of Radioactive Material and
Subchapter T, Financial Assurance for Near-Surface Land Disposal of Radioactive
Waste.
30 TAC Chapter 39, Public Notice, amendments to Subchapter A, Applicability and
General Provisions and Subchapter M, Public Notice for Radioactive Material
Licenses; and repeal of Subchapter F, Public Notice of Radioactive Material License
Applications.
30 TAC Chapter 50, Action on Applications and Other Authorizations, amendments
to Subchapter C, Action by the Executive Director.
30 TAC Chapter 281, Applications Processing, amendments to Subchapter A,
Applications Processing.
30 TAC Chapter 305, Consolidated Permits, amendments to Subchapter A, General
Provisions; Subchapter C, Application for Permit; Subchapter D, Amendments,
Renewals, Transfers, Corrections, Revocation, and Suspension of Permits; and
Subchapter F, Permit Characteristics and Conditions.
The amendments are proposed to comply with House Bill 1172 and Senate Bill 1421,
76th Legislature, 1999; to implement recommendations of the TNRCC's Business
Process Review Permit Implementation Team to achieve consistency between the
procedures of the radiation control program and the agency; and to improve
readability and understanding by reorganizing Chapter 336, simplifying language, and
eliminating redundancies and inconsistencies. (Alice Rogers/Snehal Patel/Ray
Austin) (Rule Log No. 1999-057-336-WS) Approve publication and hearing with changes as recommended by staff, RH/JB. Marquez absent for
Vote.
EXECUTIVE SESSION Item 52.
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. Item 53.
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.
(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.)
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 31, 2000
Texas Natural Resource Conservation Commission
09:30 A.M.
Bldg E. Room 201S
12100 Park 35 Circle Item 54.
Docket No. 2000-0531-MIS. Consideration of options for a recommendation to the
Governor of designating counties in Texas as nonattainment, unclassifiable, or
attainment for the 8-hour ozone standard in accordance with 107(d)(1)(A) of the
Federal Clean Air Act and the Transportation Equity Act of the 21st Century (TEA-21). (Bill Jordan) Approve staff recommendation, RH/RM. All Agree
| Item 1. | TNRCC Docket No. 1998-0741-OSI-E; SOAH Docket No. 582-99-1452. Consideration of Administrative Law Judge's Proposal for Decision and Order against David Aguero for alleged violations of On-Site Sewage Installers (OSI) Certificate No. OS4876 in Houston, Harris County, Texas. |
| See Item # 4 | |
| Item 2. | TNRCC Docket No. 1998-0718-PST-E; SOAH Docket No. 582-99-1189. Proposal for Decision and Order for alleged violations against Syed Ghouse Mohuiddin dba 3M Gas and Food, located in Houston, Harris County, Texas, for failure to pay annual underground storage tank fees and for violations of Commission Stage II rules pertaining to emissions of volatile organic compounds at motor vehicle fuel dispensing facilities. |
| Adopt Administrative Law Judges Proposal for Decision with the exceptions to the fees and court reporting costs and except the Executive Directors exceptions to the Proposal for Decision, RH/RM. All Agree | |
| Item 3. | TNRCC Docket No. 2000-0463-IWD. Consideration of the Motion for Reconsideration filed by TXU Electric Company concerning the issuance of TPDES Permit No. 00954 which authorizes the treatment and disposal of wastes from the Lake Creek Steam Electric Station located on the west shore of Lake Creek Reservoir along Farm-to-Market Road 1860, approximately four miles southeast of the City of Riesel, McLennan County, Texas. |
| Grant Motion for Reconsideration and remand to the Executive Director, JB/RH. All Agree | |
| ADDENDUM TO AGENDA | |
| Wednesday, May 31, 2000 | |
| TEXAS NATURAL RESOURCE CONSERVATION COMMISSION | |
| 01:00 P.M. | |
| 12100 Park 35 Circle | |
| Bldg E. Room 201S | |
| Item 4. | TNRCC Docket No. 1998-0741-OSI-E; SOAH Docket No. 582-99-1452. Consideration of Administrative Law Judge's Proposal for Decision and Order against David Aguero for alleged violations of On-Site Sewage Installers (OSI) Certificate No. OS4976 in Houston, Harris County, Texas. |
| Adopt PFD and Issue Order, with changes as recommended, RM/JB. All Agree | |