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HEARING REQUESTS |
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| Item 1. |
Docket No. 2001-0082-AIR. Consideration of application by Pioneer South
Central, Inc. for renewal of Air Quality Permit No. 8667 under Tex. Health and
Safety Code, § 382.056(g) and (o), to authorize the continued operation of its concrete
batch plant. The facility is located in Southlake, Tarrant County, Texas. The
Commission will also consider requests for hearing or reconsideration, related
responses and replies, public comment, and the Executive Director's Response to
Comments. ( R.O.Wheeler/ Snehal R. Patel) |
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| Deny hearing request, grant application for renewal and adopt Executive Director's Response to
Comments, JB/RM. |
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AIR QUALITY ENFORCEMENT AGREED ORDERS |
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| Item 2. |
Docket No. 2000-0571-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dal-Tile Corporation in
Dallas County; Air Account No. DB-0242-V; 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. (Suzanne Walrath, Tim Haase) |
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| Issue agreed order, JB/RM. |
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| Item 3. |
Docket No. 2000-0554-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Ralph Sellers dba Country Cars #3 in Johnson
County; Air Account No. JH-0268-J; for air quality violations pursuant to Tex. Health
& Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural
Resource Conservation Commission. (De'Shaune Blake, Tim Haase) |
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| Issue agreed order, JB/RM |
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| Item 4. |
Docket No. 2000-0454-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Expro Engineering,
Incorporated in Matagorda County; Air Account No. MH-0150-F; 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. (Suzanne
Walrath, Tim Haase) |
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| Issue agreed order, JB/RM |
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| Item 5. |
Docket No. 1998-1497-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Texas Department of
Transportation in El Paso County; TNRCC ID No. EE1695P; for air quality
violations pursuant to the Tex. Clean Air Act, ch. 382 of the Tex. Health & Safety
Code, and the rules of the Texas Natural Resource Conservation Commission.
(Booker Harrison) |
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| Issue agreed order, JB/RM |
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| Item 6. |
Docket No. 2000-0631-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Reynolds Metals Company
in San Patricio County; TNRCC Air Account Number SD-0037-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. (Gary L.
McDonald, Tim Haase) |
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| Issue agreed order, JB/RM |
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| Item 7. |
Docket No. 2000-0840-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Kiva Oil Company in El Paso County; Air Account
No. EE-0874-U; for air quality violations pursuant to Tex. Health & Safety Code ch.
382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Rebecca Cervantes, Tim Haase) |
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| Issue agreed order, JB/RM |
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| Item 8. |
Docket No. 2000-0860-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Bob Henderson dba Discount Auto in Hunt
County; Air Account No. HV-0180-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. (Melinda Houlihan, Tim Haase) |
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| Issued agreed order, JB/RM |
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EDWARDS AQUIFER ENFORCEMENT AGREED ORDER |
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| Item 9. |
Docket No. 1998-0352-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Texas Department of
Transportation in Williamson County; TNRCC ID No. 12376; for water quality
violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas
Natural Resource Conservation Commission. (Booker Harrison) |
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| Issue agreed order, JB/RM |
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INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
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| Item 10. |
Docket No. 1998-0748-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Texas Department of
Transportation in Smith County; TNRCC ID No. 66761; for industrial and
hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of
the Tex. Health & Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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| Issue agreed order, RM/JB |
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MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
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| Item 11. |
Docket No. 1999-0694-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Hidalgo County in Hidalgo
County; Municipal Solid Waste Permit No. 1727; for municipal solid waste violations
pursuant to the Tex. 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. (Fara O'Neal, Steven Lopez) |
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| Remand to Executive Director, RM/JB. |
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PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
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| Item 12. |
Docket No. 1999-1518-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Texas Department of
Transportation in El Paso County; TNRCC ID No. EE2161E; for petroleum
storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of
the Tex. Health and Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Booker Harrison) |
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| Issue agreed order, JB/RM |
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| Item 13. |
Docket No. 2000-1070-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Speedi-Mart Convenience Store, Inc. in Wheeler
County; PST Facility Registration No. 0016686; for petroleum storage tank violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Shawn A. Hess, Steven Lopez) |
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| Issue agreed order, JB/RM |
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PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS |
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| Item 14. |
Docket No. 2000-1053-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Deep Water Water
Association in Washington County; Public Water Supply No. 2390016; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Subhash Jain, Jayme
Brown) |
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| Issue agreed order, RM/JB |
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| Item 15. |
Docket No. 2000-1055-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Houston Poly Bag 1,
Limited and Houston Poly Bag 2, Limited dba Houston Poly Bag in Harris
County; Public Water Supply No. 1012474; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Subhash Jain, Jayme Brown) |
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| Issue agreed order, RM/JB |
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| Item 16. |
Docket No. 1999-0520-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the Texas Department of
Transportation in San Patricio County; TNRCC ID No. 2050046; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (Booker
Harrison) |
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| Issue agreed order, RM/JB |
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SLUDGE ENFORCEMENT AGREED ORDER |
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| Item 17. |
Docket No. 2000-0552-SLG-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bill Brezina and Terry
Tackett dba A-OK Septic Service in Wise County; Sludge Transporter Registration
No. 22237; for sewage sludge 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. (Bill Davis, Jayme Brown) |
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| Issue agreed order, JB/RM |
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SUPERFUND |
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| Item 18. |
Docket No. 2001-0150-SPF. Consideration of an Administrative Order to conduct a
Remedial Design and Remedial Action at the Toups State Superfund Site in Sour
Lake, Hardin County, Texas. (Carol Lear, Alan Etheredge) |
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| Issue administrative order, JB/RM |
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RULES |
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| Item 19. |
Docket No. 2000-1089-RUL. Consideration for adoption of an amendment to 30
TAC Chapter 328, Waste Minimization and Recycling; Section 328.71, Closure Cost
Estimate for Financial Assurance. |
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The adoption would revise a cross-reference in Chapter 328 to correctly identify the
location of financial assurance requirements for scrap tire sites as 30 TAC Chapter 37,
Waste Minimization and Recycling; Subchapter M, Financial Assurance
Requirements for Scrap Tire Sites. The proposed rule was published in the December
1, 2000 issue of the Texas Register (25 TexReg 11887). (Jill Burditt) (Rule Log No.
1999-083-328-WS) |
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| Adopt amendments, RM/JB |
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| Item 20. |
Docket No. 2000-1231-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 330, Subchapters A-L, concerning Municipal Solid
Waste. This review is in accordance with Texas Government Code, Section 2001.039,
and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th Legislature,
1999, which require state agencies to review and consider for readoption each of their
rules every four years. The proposal was published in the December 1, 2000 issue of
the Texas Register (25 TexReg 11965). (Hector H. Mendieta) (Rule Log No.
1998-060-330-WS) |
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| Adopt rules review and readopt 30 TAC Chapter 330, JB/RM |
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| Item 21. |
Docket No. 2000-0968-RUL. Consideration for adoption of the following new and
amended sections in 30 TAC Chapter 106, Permits by Rule and 30 TAC Chapter
116, Control of Air Pollution by Permits for New Construction or Modification: |
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Amendments |
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Section 106.4, Requirements for Permitting by Rule |
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Section 116.111, General Application |
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Section 116.115, General and Special Conditions |
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Section 116.610, Applicability |
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Section 116.615, General Conditions |
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Section 116.711, Flexible Permit Application |
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Section 116.715, General and Special Conditions |
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New |
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Section 116.176, Use of Mass Cap Allowances for Offsets |
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The amended sections supplement the cap and trade program adopted for the
Houston/Galveston (HGA) ozone nonattainment area (26 TexReg 283) by clarifying
that any facility or group of facilities at a site that emits nitrogen oxides (NOx) in the
HGA area and that uses permits by rule authorized under 30 TAC Chapter 106 or
permits authorized under 30 TAC Chapter 116 must obtain allowances for those
emissions if the facility or group of facilities has a collective design capacity of ten
tons or more of NOx per year and is subject to an emission standard in 30 TAC
Chapter 117, Control of Air Pollution from Nitrogen Compounds. The new section
allows the use of NOx allowances to meet the correlating portion of emissions offset
requirements. The amended and new sections in Chapter 116 will be submitted as
revisions to the state implementation plan. The proposal was published in the October
20, 2000 issue of the Texas Register (25 TexReg 10445 and 10449) (Matt
Baker/Beecher Cameron) (Rule Log No. 2000-047-116-AI) |
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| Adopt new and amended sections of 30 TAC Chapter 106, JR/RM |
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| Item 22. |
Docket No. 2000-0818-RUL. Consideration for adoption of the following sections
of 30 TAC Chapter 50, Action on Applications and Other Authorizations. |
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Amended Section 50.39, Motion for Reconsideration |
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Amended Section 50.139, Motion to Overturn Executive Director's Decision |
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The adoption would clarify when the notification period begins and ends concerning
motions for reconsideration and motions to overturn. The proposed rules were
published in the September 22, 2000 issue of the Texas Register (25 TexReg 9414).
(Debi Dyer) (Rule Log No. 2000-017-050-AD) |
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| Issue adoption of 30 TAC Chapter 50, JB/RM |
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| Item 23. |
Docket No. 2001-0144-RUL. Consideration for the publication of a notice of
intention to review and proposed repeal of 30 TAC Chapter 343, Oil and Hazardous
Substances, Section 343.1, Definitions, and Section 343.2, Permit Exemption for
Emergency Cleanup Activities. A preliminary review of Chapter 343 indicates that
the rules have been incorporated in Chapter 327, Spill Prevention and Control, and
updated to conform with current legislation. Accordingly, the repeal of Chapter 343 is
appropriate. |
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The proposed review is in accordance with Texas Government Code, Section
2001.039; and the General Appropriations Act, Article IX, Section 9 - 10.13, 76th
Legislature, 1999, which require state agencies to review and consider for readoption
each of their rules every four years. (Hector Mendieta) (Rule Log No.
2001-011-343-WS) |
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| Approve publication, RM/JB |
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EXECUTIVE SESSION |
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| Item 24. |
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 25. |
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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| Item 26. |
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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| 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.) |
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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. |