|
HEARING REQUESTS |
|
| Item 1. |
Docket No. 2000-0915-IHW. Consideration of the application by Arch Chemicals,
Inc., for the renewal/major amendment of Permit No. HW-50167-001. The permit
renewal will authorize construction of one tank system and the continued operation of
a tank system. The major amendment authorizes one industrial furnace (interim
status) for the management of hazardous wastes and class 1 industrial solid waste and
operating changes and updates to the contingency plan, inspection schedule, training
plan, waste analysis plan, engineering report, and closure plan. The facility is located
at 1400 Olin Road near State Highway 380, on approximately 23.76 acres in
Beaumont, Jefferson County, Texas. The Commission will also consider hearing
requests, related responses and replies, public comment and the Executive Director's
Response to Comments. (Shafford/Nehman) |
|
| Grant hearing and remand to State Office Administrative Hearing, RM/JB. All Agree |
|
| Item 2. |
Docket Number 2001-0352-WR. Consideration of the application for amendment to
Certificate of Adjudication No. 18-2074D filed by Guadalupe-Blanco River
Authority (GBRA) for diversion and use of an average of 90,000 acre-feet of water
per year averaged over any five consecutive calendar-year periods, for use of the water
for municipal, domestic, industrial, irrigation, and recreational purposes; for use of the
water in all of GBRA's ten-county statutory period; and to authorize the use of an
average of 11,000 acre-feet of water per year averaged over any five consecutive
calendar-year periods anywhere outside of GBRA's ten-county statutory district
within the Guadalupe, San Antonio, Colorado, and Lavaca River Basins, and the
Colorado-Lavaca, Lavaca-Guadalupe, and San Antonio-Nueces Coastal Basins. The
diversion point is from the Canyon Reservoir in Comal County. The Commission
will consider the hearing requests filed on this application, and the responses to those
requests, and if it denies the hearing requests, will consider issuance of the draft
permit. |
|
| Reposted as #67 |
|
| Item 3. |
Docket No. 2001-0167-MWD. Consideration of permit application # 14158-001,
submitted by the City of Log Cabin for a new TNRCC permit (proposed TNRCC
Permit No. 14158-001), which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 83,000 gallons per day via surface irrigation of
21 acres of non-public-access pastureland adjacent to the facility. The wastewater
treatment facility will serve the City of Log Cabin. The proposed facility will be
located approximately 6,000 feet northeast of the intersection of State Highway 198
(formerly State Highway 90) and Farm-to-Market Road 3054 in the City of Log Cabin
in Henderson County, Texas. The Commission will also consider hearing requests,
related responses and replies, and public comment and the Executive Director's
Response to Public Comment. (John E. Williams/Zdenek Matl) |
|
| Grant hearing request and forward to State Office Administrative Hearings, JB/RH. All Agree |
| |
| |
GENERAL PERMIT |
|
| Item 4. |
Docket No. 2000-0992-IWD. Consideration of General Permit Number
TXR050000 which authorizes the discharge of storm water associated with industrial
activity and certain non-storm water discharges on a state-wide basis. The
Commission will also consider hearing requests, related responses and replies, public
comment and the Executive Director's Response to Comments. (Oren Connaway,
Robert Martinez/Stephen Ligon). |
|
| Reposted as #68 |
|
| |
AGRICULTURAL ENFORCEMENT AGREED ORDERS |
|
| Item 5. |
Docket No. 2000-1142-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. David Davis dba Agnes
Dairy in Parker County; Water Quality Permit Number 03071; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Melinda Houlihan, Pamela Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 6. |
Docket No. 2000-1007-AGR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Larry Gardner dba
Gardner Dairy in Hopkins County; Water Quality Permit No. None; for agricultural
waste violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Carolyn V. Lind, Pam Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
|
| |
AIR ENFORCEMENT AGREED ORDERS |
|
| Item 7. |
Docket No. 2000-0040-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Continental Cabinets Manufacturing, Inc. in
Dallas County; Air Account No. DB-0621-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. (Wendy Cooper, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 8. |
Docket No. 2000-1232-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against EMPAK, Incorporated in Harris County; Air
Account No. HG-4566-C; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Sheila Smith, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 9. |
Docket No. 2000-0787-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against El Paso Offshore Gathering and Transmission
Company in Calhoun County; TNRCC Air Account Number CB-0063-R; 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. (Carol
McGrath, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 10. |
Docket No. 2000-0973-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Exxon Mobil Corporation in Polk County; Air
Account No. PF-0031-I; 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. (Susan Kelly, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 11. |
Docket No. 2000-1081-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Enron Methanol Company in Harris County; Air
Account No. HG-0713-S; 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. (Faye Liu, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 12. |
Docket No. 2000-0899-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Gerald Lemler dba Main Street Motor in
Navarro County; Air Account No. NB-0176-N; for air quality violations pursuant to
Tex. Health & Safety Code ch. 382 and the rules of the Texas Natural Resource
Conservation Commission. (Melinda Houlihan, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 13. |
Docket No. 2000-1107-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of MatBon, Incorporated in
Dallas County; Air Account No. 94-4825-R; 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. (Jorge Ibarra, P.E., Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 14. |
Docket No. 2000-0413-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Morris Land Clearing, Inc. in Montgomery
County; TNRCC ID No. 93-1498-T; for air quality violations pursuant to Tex. Water
Code ch. 7, the Tex. Clean Air Act, ch. 382 of the Texas Health & Safety Code, and
the rules of the Texas Natural Resource Conservation Commission. (Dan Joyner) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 15. |
Docket No. 2000-0779-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Weatherford Aerospace,
Incorporated in Parker County; Air Account No. PC-0077-R; 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, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 16. |
Docket No. 2000-1115-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Tejas Gas Pipeline, L. P. in
Refugio County; Air Account No. RG-0037-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. (Sheila Smith, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 17. |
Docket No. 2000-0856-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Southeastern Pipeline
Company in Wharton County; Air Account No. WF-0119-C; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Suzanne
Walrath, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 18. |
Docket No. 2000-0979-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Robroy Industries - Texas,
L.P. in Upshur County; Air Account No. UA-0012-S; 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. (Elnora Moses, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 19. |
Docket No. 2000-1109-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Recycled Materials,
Incorporated in Dallas County; Air Account No. 94-4826-P; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra,
P.E., Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 20. |
Docket No. 2000-0978-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against North Texas Trench Burn, Incorporated in
Tarrant and Dallas Counties; Air Account No. 92-2395-L; 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. (Jorge Ibarra, P.E., Mac
Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 21. |
Docket No. 2000-0923-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mobil Chemical Company,
Inc. in Jefferson County; Air Account No. JE-0062-S; 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. (Susan Kelly, Mac Vilas) |
|
| Issue agreed order, JB/RH. All Agree |
| |
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 22. |
Docket No. 2000-0303-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of G. M. Trading Corporation
and Glendora Corporation in Bexar County; Solid Waste Registration No. 81857;
for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch.
361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation
Commission. (Malcolm A. Ferris, Kent Heath) |
|
| Issue agreed order, RH/JB. All Agree |
|
|
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER |
|
| Item 23. |
Docket No. 2000-0919-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Silica Products, Inc. in
Brazoria County; TPDES Permit No. 03969 (expired); for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Terry Murphy, Pamela Campbell) |
|
| Issue agreed order, RM/RJ. All Agree |
| |
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 24. |
Docket No. 2000-0159-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Groveton in
Trinity County; Public Water Supply No. 2280001 and TPDES Permit No.
10556-001; for water quality and drinking water quality violations pursuant to Tex.
Health & Safety Code ch. 341, Tex. Water Code chs. 7 and 26, and the rules of the
Texas Natural Resource Conservation Commission. (Jayme Brown, Mac Vilas) |
| |
| Issue agreed order, RH/RM. All Agree |
| |
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER |
|
| Item 25. |
Docket No. 2000-0742-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Conrado Rivas in Starr County; Municipal Solid
Waste Unauthorized Site ID No. 455150017; for municipal solid waste violations
pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and
the rules of the Texas Natural Resource Conservation Commission. (Sandra
Hernandez Alanis, Kent Heath) |
|
| Issue agreed order, RH/JB. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER |
|
| Item 26. |
Docket No. 2000-0216-MSW-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Lynn McKee dba Texas
Tire Transporter in Orange County; TNRCC ID No. NONE; for municipal solid
waste violations pursuant to ch. 7 of the Tex. Water Code and the Tex. Solid Waste
Disposal Act, ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas
Natural Resource Conservation Commission. (Victor John Simonds) |
|
| Issue default order, RH/RM. All Agree |
|
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 27. |
Docket No. 2000-0731-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Acton Municipal Utility
District in Hood County; TNRCC Water Quality Permit Nos. 11415-001 and
11208-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission. (Jayme
Brown, Pamela Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 28. |
Docket No. 2000-0633-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Maxey Road Water Supply
Corporation in Harris County; TPDES Permit No. 13503-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Catherine Albrecht, Pam Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 29. |
Docket No. 2000-1012-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Mexia in Limestone County; TPDES
Permit No. 10222-001; for water quality violations pursuant to Tex. Water Code chs.
7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(John Mead, Pamela Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 30. |
Docket No. 2000-0947-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Westwood Water Supply
Corporation in Jasper County; Wastewater Permit No. 11337-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Laura Clark, Pamela Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 31. |
Docket No. 2000-0300-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Marathon Water Supply
and Sewer Service Corporation in Brewster County; WQ Permit No.
0010974-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission. (Cynthia
Salas, Pamela Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 32. |
Docket No. 2000-0989-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Boyd in Wise
County; TPDES Permit No. 10131-001; 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, Pamela Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 33. |
Docket No. 2000-0885-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jackson County WCID No.
1 in Jackson County; Water Quality Permit No. 10911-001; for water quality
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Gary L. McDonald, Pam Campbell) |
|
| Issue agreed order, JB/RH. All Agree |
| |
|
ON SITE SEWAGE INSTALLERS DEFAULT ORDER |
|
| Item 34. |
Docket No. 1999-1396-OSI-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Billy R. Stringer dba
National Cleaning and Plumbing in Angelina County; TNRCC ID No. OS4267; for
on-site sewage installer violations pursuant to ch. 7 of the Tex. Water Code, ch. 366 of
the Tex. Health & Safety Code, and the rules of the Texas Natural Resource
Conservation Commission. (Dan Joyner) |
|
| Issue default order, JB/RH. All Agree |
| |
| |
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 35. |
Docket No. 2000-1278-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Bright Star Transport LLC in Tarrant County;
TNRCC Account No. None; 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. (Judy Fox, Kent Heath) |
|
| Issue agreed order, JB/RH. All Agree |
|
| Item 36. |
Docket No. 1999-0991-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Manuel Mullins in Young County; TNRCC ID No.
None; 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.
(Richard O'Connell) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 37. |
Docket No. 2000-1101-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Zaineb Investments,
Incorporated in Johnson County; Petroleum Storage Tank Facility ID No. 0047819;
for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra,
P.E., Kent Heath) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 38. |
Docket No. 2000-0762-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ms. Un Kyung Park dba
Times Market #5 in Nueces County; PST Facility ID No. 33841; 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, Kent
Heath) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 39. |
Docket No. 2000-0870-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Lone Star Ford, Inc. in Harris County; Petroleum
Storage Tank Facility ID No. 0022235; for petroleum storage tank violations pursuant
to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Kent Heath) |
|
| Issue agreed order, JB/RH. All Agree |
| |
| Item 40. |
Docket No. 2000-0791-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Vincent Bustamante in
Harris County; Petroleum Storage Tank Facility ID No. 0006658; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Kent Heath) |
|
| Remand to Executive Director |
| |
| Item 41. |
Docket No. 2000-0760-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Kemo Haddad dba
Danny's Mart-Conoco in Tarrant County; Petroleum Storage Tank Facility ID No.
0027517; 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. (Jorge Ibarra, P.E., Kent Heath) |
|
| Issue agreed order, JB/RH. All Agree |
|
|
PETROLEUM STORAGE TANK DEFAULT ORDER |
|
| Item 42. |
Docket No. 1999-1357-PST-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Roy Cook dba Cook's Depot
in Montgomery County; TNRCC ID No. 0047326; 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. (Richard O'Connell) |
|
| Issue default order, RM/JB. All Agree |
|
|
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS |
|
| Item 43. |
Docket No. 2000-0755-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Jon A. Friend dba Besaw's Café in Harris County;
Public Water Supply No. 1011039; 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, Pamela Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 44. |
Docket No. 2000-0503-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Farmers Transport, Inc.
dba Enchanted Harbor in Calhoun County; Public Water Supply No. 0290050; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Gary L.
McDonald, Pam Campbell) |
|
| Reposted as Item 69 |
| |
| Item 45. |
Docket No. 2000-1195-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Grimes County Municipal
Utility District #1 in Grimes County; Public Water Supply ID No. 0930020; 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, Pamela Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 46. |
Docket No. 2000-0707-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Mary Morrow dba Monticello Mobile Home Park
in Parker County; Public Water Supply No. 1840118; 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, Pamela Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 47. |
Docket No. 1998-1010-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of BRT Investment
Corporation in Hays County; TNRCC ID No. 1050105; 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. (Dan Joyner) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 48. |
Docket No. 2000-1058-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Topsey Water Supply
Corporation in Coryell County; Public Water Supply ID No. 0500005; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (James Jackson, Pamela
Campbell) |
|
| Remand to Executive Director |
|
| Item 49. |
Docket No. 2000-0094-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Odie Nehring dba
Chaparral III Water System, Green Acres Water System, Walburg Water
System, and Weir Water Works in Williamson County; PWS ID Nos. 2460047,
2460054, 2460016, and 2460017; for drinking water quality violations pursuant to
Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (J. Craig Fleming, Pam Campbell) |
|
| Remand to Executive Director |
| |
| Item 50. |
Docket No. 2000-0869-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Little Hope-Moore Water
Supply Corporation in Van Zandt County; Public Water Supply No. 2340011 and
Certificate of Convenience and Necessity No. 11263; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Elvia Maske, Pam Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 51. |
Docket No. 2000-0680-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Kmali Enterprises, Inc. dba
Friendly Mart in Harris County; Public Water Supply ID No. 1012339; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Pam
Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 52. |
Docket No. 2000-1082-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Flat Rock Water
Cooperative in McLennan County; Public Water Supply ID No. 1550084; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (James Jackson,
Pam Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 53. |
Docket No. 2000-0883-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Debbie and Melvin Block
dba Community Water System in Orange County; Public Water Supply Nos.
1810018, 1810023, 1810025, 1810034, 1810062, 1810083, and 1810178; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Susan Kelly, Pamela
Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 54. |
Docket No. 2000-0712-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Chatfield Water Supply
Corporation in Navarro County; Public Water Supply ID No. 1750012; 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., Pam
Campbell) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
DISTRICTS |
|
| Item 55. |
Docket No. 2000-1151-DIS. Consideration of a Proposed Order Approving the
Petition of Yaupon Ranch, L.L.C., a Landowner, for Dissolution of Harris County
Municipal Utility District No. 324 (District). The Petitioner requests the
Commission dissolve the District pursuant to the Tex. Water Code, Sections 49.321 to
49.327. (TNRCC Internal Control No. 08302000-D03; Rob Cummins) |
|
| Approve dissolution, JB/RH. All Agree |
|
|
WATER UTILITY OPERATOR CERTIFICATION |
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| Item 56. |
Docket No. 2001-0299-WOC-R. Consideration of a resolution to extend the
existence of the Advisory committee for Water Utility Operator Certification and
to appoint and reappoint members to the Committee. (Scott Humphrey) |
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| Approve resolution, RH/JB. All Agree |
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RULE MATTERS |
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| Item 57. |
Docket No. 2000-1160-RUL. Consideration for adoption of an amendment to 30
TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, Section
335.1, Definitions. |
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The adoption incorporates new exemptions relating to the definition of solid waste,
including an exemption relating to the recycling of certain nonhazardous materials,
and other changes and corrections conforming to certain federal hazardous waste
regulations. The proposed rule was published in the December 1, 2000 issue of the
Texas Register (25 TexReg 11889). (Ray Austin/Parker Wilson/Jesse Boultinghouse)
(Rule Log No. 1997-174-335-WS) |
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| Approve adoption of amendments, RM/RH. All Agree |
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| Item 58. |
Docket No. 2000-1430-RUL. Consideration for adoption of the following new,
amended, and repealed sections of 30 TAC Chapter 122, Federal Operating Permits;
and corresponding revisions to the state implementation plan (SIP). |
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Subchapter A, Definitions, amended Section 122.10; Subchapter B, Permit
Requirements, amended Sections 122.120, 122.130 - 122.132, 122.134, 122.136,
122.139, 122.140, 122.142, 122.143, 122.145, and 122.146; Subchapter C, Initial
Permit Issuances, Revisions, Reopenings, and Renewals, repealed Sections 122.215
and 122.219; new Sections 122.215, 122.218, 122.219, and 122.222; and amended
Sections 122.210 - 122.213, 122.216, 122.217, 122.221, and 122.231; Subchapter D,
Public Announcement, Public Notice, Affected State Review, Notice and Comment
Hearing, Notice of Proposed Final Action, EPA Review, and Public Petition, amended
Sections 122.320, 122.330, 122.340, 122.350, and 122.360; Subchapter G, Periodic
Monitoring, amended Section 122.608; and Subchapter H, Compliance Assurance
Monitoring, amended Sections 122.706 and 122.708. |
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These revisions to Chapter 122 address deficiencies, as identified by the United States
Environmental Protection Agency (EPA), in the commission's Federal Operating
Permit program required by the 1990 Federal Clean Air Act Amendments, Title V and
40 Code of Federal Regulations, Part 70. The governor is required to submit a revised
program that addresses the deficiencies to the EPA by June 1, 2001. Sections 122.215
- 122.218 will be submitted to the EPA as revisions to the SIP. The proposed text was
published in the January 26, 2001 issue of the Texas Register (26 TexReg 890). (Tara
Capobianco/Jill Burditt) (Rule Log No. 2000-043-122-AI) |
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| Approve adoption, RM/RH. All Agree |
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| Item 59. |
Docket No. 2000-1226-RUL. Consideration for adoption of the following new,
amended, and repealed sections of 30 TAC Chapter 285, On-Site Sewage Facilities. |
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New: Subchapter A, General Provisions, Sections 285.1, 285.3, 285.6, and 285.7;
Subchapter B, Local Administration of the OSSF Program, Sections 285.10 - 285.13;
Subchapter C, Commission Administration of the OSSF Program in Areas Where No
Authorized Agent Exists, Section 285.20 and Section 285.21; Subchapter D, Planning,
Construction, and Installation Standards for OSSFs, Sections 285.30, 285.31, and
285.39; Subchapter E, Special Requirements for OSSFs Located in the Edwards
Aquifer Recharge Zone, Section 285.41 and Section 285.42; Subchapter F, Licensing
and Registration Requirements for Installers, Apprentices, and Designated
Representatives, Sections 285.50 - 285.65; Subchapter G, Duties of Owners and
Authorized Agents, Section 285.70 and Section 285.71; and Subchapter H, Treatment
and Disposal of Greywater, Section 285.81. |
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Amended: Subchapter A, General Provisions, Sections 285.2, 285.4, and 285.5;
Subchapter D, Planning, Construction, and Installation Standards for OSSFs, Sections
285.32 - 285.36; Subchapter E, Special Requirements for OSSFs Located in the
Edwards Aquifer Recharge Zone, Section 285.40; Subchapter H, Treatment and
Disposal of Greywater, Section 285.80; and Subchapter I, Appendices, Section 285.90
and Section 285.91. |
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Repealed: Subchapter A, General Provisions, Sections 285.1, 285.3, 285.6 - 285.8;
Subchapter B, Local Administration of the OSSF Program, Section 285. 10 and
Section 285.11; Subchapter C, Commission Administration of the OSSF Program in
Areas Where No Local Administration Exists, Section 285.20 and Section 285.21;
Subchapter D, Planning, Construction, and Installation Standards for OSSFs, Sections
285.30, 285.31, and 285.39; Subchapter F, Registration, Certification and/or Training
Requirements for Installers, Apprentices, Site Evaluators or Designated
Representatives, Sections 285.50 - 285.63; and Subchapter G, OSSF Enforcement,
Section 285.70. |
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The adoption would update, correct, and clarify Chapter 285 and increase its
consistency with the Texas Health and Safety Code, Chapter 366, On-Site Sewage
Disposal Systems, in some cases by increasing the stringency of requirements. The
rules also implement legislative provisions from House Bill 1307 and Senate Bill 1654
of the 76th Legislature, 1999. The proposed rules were published in the December 8,
2000 issue of the Texas Register (25 TexReg 12041). (Kathy Ramirez) (Rule Log No.
1998-039-285-WT) |
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| Continued to May 23, 2001 |
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| Item 60. |
Docket No. 2001-0409-RUL. Consideration for publication of, and hearing on, the
following proposed amended sections of 30 TAC Chapter 117, Control of Air
Pollution from Nitrogen Compounds; and corresponding revisions to the State
Implementation Plan: |
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Section 117.10 - Definitions |
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Section 117.101 - Applicability |
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Section 117.103 - Exemptions |
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Section 117.107 - Alternative System-wide Emission Specifications |
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Section 117.108 - System Cap |
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Section 117.138 - System Cap |
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Section 117.203 - Exemptions |
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Section 117.206 - Emission Specifications for Attainment Demonstrations |
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Section 117.210 - System Cap |
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Section 117.213 - Continuous Demonstration of Compliance |
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Section 117.214 - Emission Testing and Monitoring for the Houston/Galveston
Attainment Demonstration |
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Section 117.219 - Notification, Recordkeeping, and Reporting Requirements |
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Section 117.473 - Exemptions |
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Section 117.475 - Emission Specifications |
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Section 117.478 - Operating Requirements |
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Section 117.479 - Monitoring, Recordkeeping, and Reporting Requirements |
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Section 117.520 - Compliance Schedule for Industrial, Commercial, and Institutional
Combustion Sources in Ozone Nonattainment Areas |
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Section 117.534 - Compliance Schedule for Boilers, Process Heaters, and Stationary
Engines at Minor Sources |
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The proposed changes to Chapter 117 would require stationary diesel and dual-fuel
engines in the Houston/Galveston (HGA) ozone nonattainment area to meet new
emission specifications and operating restrictions in order to reduce nitrogen oxide
(NOx) emissions and ozone air pollution. In addition, the proposed amendments
would improve implementation of the existing Chapter 117 by correcting
typographical errors, updating cross-references, clarifying ambiguous language, and
deleting the exemption for small (ten megawatts or less) electric generating units
which are registered under a standard permit. (Randy Hamilton/Eddie Mack) (Rule
Log No. 2001-007b-117-AI) |
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| Approve publication and hearing with changes as recommended by staff, RM/RH. All Agree |
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| Item 61. |
Docket No. 2001-0410-RUL. Consideration for publication of, and hearing on,
amended Section 114.507, Exemptions, of Chapter 114, Control of Air Pollution from
Motor Vehicles; Subchapter J, Operational Controls for Motor Vehicles; Division 1,
Motor Vehicle Idling Limitations; and corresponding revisions to the State
Implementation Plan. |
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The rules in Division 1 were adopted on December 6, 2000, and are one element of
the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in
order to control ground-level ozone. The proposed amendment would clarify that the
operator, not the owner, will be responsible for compliance with these rules in the case
of vehicles that are rented or leased to a vehicle operator not employed by the owner.
(Scott Carpenter/Alan Henderson) (Rule Log No. 2001-007c-114-AI) |
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| Approve publication and hearing with changes as recommended by staff, RM/RH. All Agree |
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| Item 62. |
Docket No. 2001-0411-RUL. Consideration for publication of, and hearing on, the
following proposed amended and new sections of 30 TAC Chapter 114, Control of
Air Pollution from Motor Vehicles; Subchapter H, Low Emission Fuels; Division 2,
Low Emission Diesel; and corresponding revisions to the State Implementation Plan. |
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Amended Section 114.314 - Registration of Diesel Producers and Importers |
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New Section 114.318 - Alternative Emission Reduction Plan |
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Amended Section 114.319 - Affected Counties and Compliance Dates |
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The existing low emission diesel fuel rules in Chapter 114 are one element of the
control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order
to control ground-level ozone. The proposed rules would limit implementation of the
low emission diesel fuel control strategy for on-road fuel and non-road fuel to the
four-county Dallas/Fort Worth nonattainment area, the eight-county HGA
nonattainment area, the three-county Beaumont/Port Arthur nonattainment area, and
the 95-county central and eastern Texas region to be able to demonstrate and maintain
attainment with the ozone national ambient air quality standard. The proposed
amendments and new section would modify the existing May 1, 2002 program
compliance dates so that they occur in 2005 and would allow for alternative emission
reduction plans. (Morris Brown/Alan Henderson) (Rule Log No. 2001-007d-114-AI) |
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| Approve publication and hearing with changes as recommended by staff, RM/RH. All Agree |
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| Item 63. |
Docket No. 2001-0408-SIP. Consideration for publication of, and hearing on,
proposed revisions to the State Implementation Plan (SIP) concerning the attainment
demonstration for the Houston/Galveston (HGA) ozone nonattainment area. This
proposed SIP revision contains transportation conformity budgets, rate-of-progress
tables, control strategies, and the layout of the mid-course review process. The mid-course review process includes a thorough evaluation of all modeling, inventory data,
and other tools used to develop the attainment demonstration, as well as the ongoing
assessment of new technologies and ideas to incorporate into the plan. (Bill Jordan)
(Rule Log No. 2001-007-SIP-AI) |
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| Approve publication and hearing with changes as recommended by staff, RM/RH. All Agree |
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EXECUTIVE SESSION |
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| Item 64. |
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 65. |
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 66. |
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. |