| |
HEARING REQUEST |
|
| Item 1. |
Docket No. 2001-0323-IWD. Consideration of permit application no. 04195,
submitted by the Air Force Base Conversion Agency for a new permit (proposed
TPDES permit No. 04195), which authorizes the operation of a groundwater
remediation facility and discharge of the treated effluent at a daily average flow not to
exceed 72,000 gallons per day. The facility is located approximately 500 feet
west-southwest of the intersection of State Highway 71 and Presidential Boulevard, at
the Austin/Bergstrom International Airport, in the City of Austin, Travis County,
Texas. The Commission will also consider hearing requests, related responses and
replies, public comment, and the Executive Director's Response to Public Comment.
(John E. Williams/Nicole Janak Cuthbertson) |
|
| Deny hearing request, approve permit application and adopt Response to publication from Executive
Director with corrections to Response to Comments, RM/RH. All Agree |
|
| Item 2. |
Docket No. 2001-0335-IWD. Consideration of permit application no. 04145,
submitted by Mr. Maiko Hessell Bouma and Ms. Tjitze Bouma for a new State
permit authorizing the applicant to operate a concentrated animal feeding operation
(CAFO) for a dairy facility with a maximum of 500 head in Hopkins County, Texas.
No discharge of pollutants into the waters in the state is authorized by the permit
except as a result of a chronic or catastrophic rainfall event. The existing facility is
located on the south side of County Road 2408 approximately one-half mile southwest
of the intersection of State Highway 11 and County Road 2408, approximately one
mile northwest of Winnsboro, Hopkins County, Texas. The Commission will also
consider hearing requests, related responses and replies, public comment, and the
Executive Director's Response to Comments. |
|
| Continued to July 11, 2001 |
|
| Item 3. |
Docket No. 2001-0324-MWD. Consideration of permit application no. 10385-002,
submitted by the City of Bellville for a major amendment to TNRCC Permit No.
10385-002, which authorizes the City to increase discharge of treated domestic
wastewater from a daily average flow not to exceed 625,000 gallons per day to a daily
average flow not to exceed 950,000 gallons per day. The facility is located at 307
West Hickory, approximately 4,500 feet southwest of the Austin County Courthouse
and approximately 1 mile south-southwest of the intersection of State Highway 159
with Farm-to-Market Road 1456 in the City of Bellville in Austin County, Texas.
The Commission will also consider hearing requests, request for reconsideration,
related responses and replies, and public comment, and the Executive Director's
Response to Public Comment. (Michael Hughes, Kent Trede) |
|
| Grant hearing request of Caroline Kemper, Janet Milam, David Toalson and remand to ADR for 4 to 6
weeks for mediation, if mediation fails forward to State Office Administrative Hearings, and instruct
Judge to consider only the issues related to air nuisance and threat to private wells due to
contamination from flooding caused by the discharge, deny request for reconsideration, and duration
of hearing to last no longer than 4 months from preliminary hearing to Proposal for Decision issuance,
RH/JB. Marquez voted no |
|
| Item 4. |
Docket No. 2001-0318-MWD. Consideration of permit application no. 14167-001,
submitted by Texas Water Services, Inc. for a new permit (proposed TNRCC Permit
No. 14167-001), which authorizes the disposal of treated domestic wastewater at a
daily average flow not to exceed 25,000 gallons per day via surface irrigation of 10
acres of range land. The wastewater treatment facility will serve a mobile home park.
The proposed facility and disposal area will be located in the northeast quadrant of
Medina County; 1,000 feet west of the Lake Medina shoreline; 5,000 feet southeast of
the intersection of Old Castroville Road (County Road 151) and a private road; 4,000
feet south of the Medina-Bandera County line; and 4,000 feet north of Henderson
Hollow where it enters Lake Medina in Medina 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. (Michael
Hughes, Steve Shepherd, Firoj Vahora) |
|
| Continued to June 6, 2001, JB/RH. All Agree |
|
| Item 5. |
Docket No. 2001-0362-AIR. Consideration of application by Astro Concrete, Inc.
for Permit by Rule No. 44126, to construct a concrete batch plant near Pearland,
Brazoria 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. (Christopher Gee, Skip Clark) |
|
| Deny hearing request, issue permit, adopt Executive Director's response to comments, RH/JB. All
Agree |
|
| |
AIR ENFORCEMENT AGREED ORDER |
|
| Item 6. |
Docket No. 2000-0642-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Collier's Top of Texas, Inc.
in Deaf Smith County; Air Account No. DD-0065-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. (Shawn Hess, Mike
Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 7. |
Docket No. 2000-0999-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against CrossTex/WRA Gas Services in Live Oak County;
Air Account Number LK-0071-O; 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, Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 8. |
Docket No. 2000-0974-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of E.I. DuPont de Nemours
and Company, Inc. in Orange County; Air Account No. OC-0007-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. (Laura Clark,
Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 9. |
Docket No. 2000-1256-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Glen Enos dba Jim Enos Motors in Tarrant
County; Air Account No. TA-1791-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. (Judy Fox, Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
| |
| Item 10. |
Docket No. 2000-1134-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of EOG Resources, Inc. in
Atascosa County; Air Account No. AG-0002-Q and Operating Permit No. O-00751;
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.
(Malcolm A. Ferris, Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 11. |
Docket No. 2000-1442-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Alliance Riggers and Constructors Ltd. in El Paso
County; Air Account No. EE-2011-B; 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. (Stacey Young, Michael Meyer) |
| Issue agreed order, RH/JB. All Agree |
| |
| Item 12. |
Docket No. 2000-1388-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Pioneer Natural Resources USA, Incorporated in
Bee County; Air Account No. BE-0013-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. (Stacey Young, Michael Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 13. |
Docket No. 2000-1347-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Few Ready Mix Concrete Company in Jasper
County; TNRCC Air Acct. No. JC-0060-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. (John Barry, Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 14. |
Docket No. 2000-0530-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mobil Oil Corporation in
Jefferson County; Air Account No. JE-0067-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. (Stacey Young, Michael Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 15. |
Docket No. 2000-1177-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Foam Fabricators, Inc. in
Tarrant County; Air Account No. TA-0809-H; 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, Michael Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 16. |
Docket No. 2000-1443-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against FFP Marketing Company, Incorporated in El Paso
County; Air Account No. EE-1961-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. (Stacey Young, Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 17. |
Docket No. 2000-0972-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Engineered Carbons,
Incorporated in Orange County; Air Account No. OC-0020-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. (Laura Clark,
Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 18. |
Docket No. 2000-1373-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of R. L. Eldridge Construction
Inc. dba Gabby's Dock in Jefferson County; TNRCC Air Account No. JE-0581-M;
for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Laura Clark, Mike Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 19. |
Docket No. 2000-0684-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Overwraps Packaging, L.P.
in Dallas County; Account No. DB-1740-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. (Suzanne Walrath, Michael Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 20. |
Docket No. 2000-0715-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Scythian, Ltd. in Terry
County; TNRCC Air Account No. TD-0054-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. (Gary Shipp, Michael Meyer) |
|
| Issue agreed order, RH/JB. All Agree |
|
| |
ORDER TO TERMINATE AIR AGREED ORDERS |
|
| Item 21. |
Docket No. 2001-0500-AIR-E. Consideration of an order to terminate a September
18, 1987 Agreed Order that assessed administrative penalties and required certain
actions of Texas Lehigh Cement Company in Hays County; TNRCC ID No.:
HK0014M; Enforcement ID No. 10899(1); for air quality violations pursuant to ch.
382 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource
Conservation Commission. (Victor John Simonds) |
|
| Terminate agreed order, RH/JB. All Agree |
|
|
| Item 22. |
Docket No. 2001-0501-AIR-E. Consideration of an order to terminate a August 12,
1988 Agreed Order that assessed administrative penalties and required certain actions
of Texas Lehigh Cement Company in Hays County; TNRCC ID No.: HK0014M
Enforcement ID No. 10899(2); for air quality violations pursuant to ch. 382 of the
Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation
Commission. (Victor John Simonds) |
|
| Terminate agreed order, RH/JB. All Agree |
|
| |
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 23. |
Docket No. 1999-1476-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Weatherford Aerospace,
Inc. in Parker County; TNRCC ID No. 33990; for industrial and hazardous waste
violations pursuant to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health
& Safety Code, and the rules of the Texas Natural Resource Conservation
Commission. (Lisa Uselton Dyar) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 24. |
Docket No. 2000-1141-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Ranger Aviation Enterprises, Inc. in Tom Green
County; Solid Waste Registration No. 23714; 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. (Mark Newman,
Erika Fair) |
|
| Issue agreed order, RH/JB. All Agree |
|
| Item 25. |
Docket No. 2000-1015-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of OFS, Inc. in Harris County;
Solid Waste Registration No. 74896; for industrial & hazardous waste violations
pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code chs. 7 and 26, and
the rules of the Texas Natural Resource Conservation Commission. (Catherine
Sherman, Erika Fair) |
|
| Issue agreed order, RH/JB. All Agree |
|
| |
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 26. |
Docket No. 2000-0942-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against Jacintoport International LP in Harris 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. (Catherine Sherman, Kimberly McGuire) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 27. |
Docket No. 2000-0861-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of TXU Electric Company in
Freestone County; TPDES Permit No. 01309 (EPA ID Number TX0030180); for
water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of
the Texas Natural Resource Conservation Commission. (Suzanne Walrath, Kimberly
McGuire) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 28. |
Docket No. 2000-1045-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Petro, Inc. in El Paso
County; Water Quality Permit No. 0003026; for water quality violations pursuant to
Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource
Conservation Commission. (Steven Lopez, Kimberly McGuire) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 29. |
Docket No. 2000-1013-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of North Orange Water and
Sewer, L.L.C. dba Langford Place in Orange County; PWS No. 1810015 and
TPDES Permit No. 11155-001; for water quality and drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code chs. 7, 13, and 26,
and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark,
Mike Meyer) |
|
| Reposted as Item #75. |
|
|
MULTI-MEDIA ENFORCEMENT DEFAULT ORDER |
|
| Item 30. |
Docket No. 2000-0210-MLM-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of R.J. Sherwin dba The
Marina On Lake Medina LLC in Medina County; TNRCC ID No. MJ-0065-D; for
air and solid waste violations pursuant to chs. 382 and 361 of the Tex. Health &
Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (Gitanjali Yadav) |
|
| Issue default order, RH/RM. All Agree |
|
| |
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 31. |
Docket No. 2000-0987-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Amherst in
Lamb County; MSW Permit No. 363 and WQ Permit No. 10118-001; for water
quality and 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. (Gary Shipp, Erika Fair) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 32. |
Docket No. 2000-0410-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Doyle Rinn dba
Ballinger Auto Wrecking in Runnels County; MSW Tire Generator No. 5297,
MSW Tire Transporter No. 26102, and MSW Tire Storage Site No. ABT00003; for
waste tire 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. (James Beauchamp, Erika Fair) |
|
| Issue agreed order, RM/RH. All Agree |
|
| |
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 33. |
Docket No. 2000-1008-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Hardin County Water Control and Improvement
District No. 1 in Hardin County; TNRCC Water Quality Permit No. 10678-001; 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, Kimberly
McGuire) |
|
| Issue agreed order, RH/JB. Marquez Absent |
|
| Item 34. |
Docket No. 2000-0990-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mountain Man Inc. in
Montgomery County; TPDES Permit No. 12670-001; 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, Kimberly McGuire) |
|
| Issue agreed order, RH/JB. Marquez Absent |
|
| Item 35. |
Docket No. 2000-0905-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wharton County Water
Control and Improvement District No. 2 in Wharton County; TPDES Permit No.
14019-001; 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, Kimberly McGuire) |
|
| Issue agreed order, RH/JB. Marquez Absent |
|
| Item 36. |
Docket No. 2000-0810-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of City of Menard in Menard
County; WQ Permit No. 0010345-001; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Mark Newman, Kimberly McGuire) |
|
| Issue agreed order, RH/JB. Marquez Absent |
|
| Item 37. |
Docket No. 2000-1178-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Grape Creek/Pulliam
Independent School District in Tom Green County; Water Quality Permit No.
0013859-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission. (Mark
Newman, Kimberly McGuire) |
|
| Issue agreed order, RH/JB. Marquez Absent |
|
| Item 38. |
Docket No. 2000-0823-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Raymondville in
Willacy County; Water Quality Permit No. 10365-001 and NPDES Permit No.
TX0024546; for water quality violations pursuant to Tex. Water Code chs. 7 and 26
and the rules of the Texas Natural Resource Conservation Commission. (Joseph
Daley, Kimberly McGuire) |
|
| Issue agreed order, RH/JB. Marquez Absent |
|
| |
ON-SITE INSTALLERS ENFORCEMENT AGREED ORDERS |
|
| Item 39. |
Docket No. 1999-1370-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Richard Tatsch in Hays County; TNRCC ID No.
3685; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health &
Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural
Resource Conservation Commission. (Laurie Lindsey) |
|
| Issue agreed order, RH/JB. All Agree |
|
|
ON-SITE INSTALLERS ENFORCEMENT DEFAULT ORDER |
|
| Item 40. |
Docket No. 2000-0014-OSS-E. Consideration of a Default Order assessing
administrative penalties against Francisco Solis in Cameron County; TNRCC ID
No. 14247; for on-site sewage installer violations pursuant to ch. 366 of the Tex.
Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (Laurie Lindsey) |
|
| Issue Default Order, JB/RH. All Agree |
|
| |
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 41. |
Docket No. 2000-0908-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Sunil Kumar Patel dba Country Corner in
Dallas County; PST Facility ID No. 0040926; 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. (Wendy Cooper, Erika
Fair) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 42. |
Docket No. 1999-1069-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Worth Oil Company dba
Worth Oil #9724 in Tarrant County; TNRCC ID No. 8815; 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 S. O'Connell) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 43. |
Docket No. 1999-1438-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Worth Oil Company in Tarrant County; TNRCC
ID No. 8810; for a petroleum storage tank violations pursuant to ch. 382 of the Tex.
Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas
Natural Resource Conservation Commission. (Richard S. O'Connell) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 44. |
Docket No. 2000-1056-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Speedy Stop Food Stores,
Ltd. in Nueces County; PST Facility ID No. 26371; 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, Erika Fair) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 45. |
Docket No. 2000-0520-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Zaki Niazi dba King
Mart #4 in Montgomery County; PST Facility ID No. 0028534; 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. (Trina K. Lewison, Erika Fair) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 46. |
Docket No. 2000-1139-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Ashfaq Ahmed and Kulsoom Yousuf dba Fina in
Dallas County; PST Facility ID No. 0006247; 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. (Thomas Jecha, Erika Fair) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 47. |
Docket No. 2000-1133-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Akber Allauddin dba E-Z
Seven Food Mart in Harris County; PST Facility ID No. 0035114; for petroleum
storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the
Texas Natural Resource Conservation Commission. (Gloria Stanford, Erika Fair) |
|
| Issue agreed order, RH/RM. All Agree |
|
| |
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER |
|
| Item 48. |
Docket No. 2000-0600-PST-E. Consideration of a Default Order assessing
administrative penalties against GBAK Properties Inc. dba Sunrise Convenience
Store in Galveston County; TNRCC ID No. 0035534; for petroleum storage tank
violations pursuant to ch. 7 of the Tex. Water Code, ch. 382 of the Tex. Health and
Safety Code, and the rules of the Texas Natural Resource Conservation Commission.
(Richard S. O'Connell) |
|
| Issue Default Order, JB/RH. All Agree |
|
| |
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER |
|
| Item 49. |
Docket No. 2000-1094-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Champion Window, Inc. in
Harris County; Public Water Supply No. 1013073; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Jayme Brown, Kimberly McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
| Item 50. |
Docket No. 2000-1341-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Midway Petroleum, LP in Montgomery County;
Public Water Supply No. 1700619; 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, Kimberly McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
| Item 51. |
Docket No. 2000-0888-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gary Lucas dba Turf
Estates Water System in El Paso County; Public Water Supply ID No. 0710034; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Rebecca
Cervantes, Kimberly McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
| Item 52. |
Docket No. 2000-1167-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against United Galvanizing, Inc. in Harris County; Public
Water Supply No. 1011940; for drinking water quality violations pursuant to Tex.
Health & Safety Code ch. 341 and the rules of the Texas Natural Resource
Conservation Commission. (Brian Lehmkuhle, Kimberly McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
| Item 53. |
Docket No. 2000-0944-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Star Mountain Water
Supply Corporation in Smith County; Public Water Supply ID No. 2120021; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind,
Kimberly McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
| Item 54. |
Docket No. 2000-0943-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Riderville Water Supply
Corporation in Panola County; Public Water Supply ID No. 1830019; for drinking
water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules
of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind,
Kimberly McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
| Item 55. |
Docket No. 2000-0837-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lilly Grove Special Utility
District in Nacogdoches County; Public Water Supply No. 1740014; 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, Kimberly
McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
| Item 56. |
Docket No. 2000-1235-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Hamlin in Jones County; Public Water
Supply No. 1270002; 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, Kimberly McGuire) |
|
| Issue agreed order, JB/RM. All Agree |
|
|
WATER OPERATORS CERTIFICATION ENFORCEMENT AGREED
ORDER |
|
| Item 57. |
Docket No. 2000-0759-WOC-E. Consideration of an Agreed Order requiring certain
actions of Kenneth F. Smith in Victoria County; TNRCC ID No. 460903510;
Enforcement ID No. 15136; for water quality and waste water operation violations
pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural
Resource Conservation Commission. (Victor John Simonds) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
AUTHORIZATION TO CONSTRUCT |
|
| Item 58. |
Docket No. 2001-0469-MWD. Consideration of an Authorization to Construct a
Wastewater Treatment Plant under Texas Water Code, Sections 26.019 and 26.027(c)
by the City of Van Alstyne. If granted by the Commission, this would allow the City
of Van Alstyne to begin construction of an addition to its wastewater treatment plant
located approximately 1/4 mile south of Farm-to-Market Road 121 on an unnamed
rock road and 2 miles east of the intersection of State Highway 5 and Farm-to-Market
Road 121 in Grayson County, Texas, before final Commission consideration of its
application for a wastewater permit. However, it would not authorize operation of the
new treatment plant. (John E. Williams/Kent Trede) |
|
| Grant Authorization to Construct, JB/RH. All Agree |
|
| |
AIR STATE IMPLEMENTATION AGREEMENTS |
|
| Item 59. |
Docket No. 2001-0222-AIR. Consideration for approval of an agreement with
Southwest Airlines, Co. and corresponding revisions to the State Implementation
Plan (SIP) for ozone control. The agreement and revised SIP would make federally
enforceable certain reductions of local ozone precursor emissions of nitrogen oxides
from sources at Love Field in Dallas, Dallas County, Texas. (Kerri Rowland/Bill
Jordan) (Rule Log No. 2001-013-SIP-AI) |
|
| Approve agreement, RM/RH. All Agree |
|
| Item 60. |
Docket No. 2001-0220-AIR. Consideration for approval of an agreement with the
City of Dallas, and corresponding revisions to the State Implementation Plan (SIP) for
ozone control. The agreement and revised SIP would make federally enforceable
certain reductions of local ozone precursor emissions of nitrogen oxides from sources
at Love Field in Dallas, Dallas County, Texas. (Kerri Rowland/Bill Jordan) (Rule
Log No. 2001-013-SIP-AI) |
|
| Approve agreement, RM/RH. All Agree |
|
| Item 61. |
Docket No. 2001-0221-AIR. Consideration for approval of an agreement with Delta
Air Lines, Inc., and corresponding revisions to the State Implementation Plan (SIP)
for ozone control. The agreement and revised SIP would make federally enforceable
certain reductions of local ozone precursor emissions of nitrogen oxides from sources
at the Dallas/Fort Worth International Airport in Dallas and Tarrant Counties,
Texas. (Kerri Rowland/Bill Jordan) (Rule Log No. 2001-013-SIP-AI) |
|
| Approve agreement, RM/RH. All Agree |
|
| Item 62. |
Docket No. 2000-1149-SIP. Consideration for approval of an agreement with
American Airlines, Inc. and American Eagle Airlines, Inc., and corresponding
revisions to the State Implementation Plan (SIP) for ozone control. The agreement
and revised SIP would make federally enforceable certain reductions of local ozone
precursor emissions of nitrogen oxides from sources at the Dallas/Fort Worth
International Airport in Dallas and Tarrant Counties, Texas. (Kerri Rowland/Bill
Jordan) (Rule Log No. 1999-055-SIP-AI) |
|
| Approve agreement, RM/RH. All Agree |
|
| Item 63. |
Docket No. 2000-1203-SIP. Consideration for approval of an agreement with the
Dallas/Fort Worth International Airport Board, and corresponding revisions to the
State Implementation Plan (SIP) for ozone control. The agreement and revised SIP
would make federally enforceable certain reductions of local ozone precursor
emissions of nitrogen oxides from sources at the Dallas/Fort Worth International
Airport in Dallas and Tarrant Counties, Texas. (Kerri Rowland/Bill Jordan) (Rule
Log No. 1999-055-SIP-AI) |
|
| Approve agreement, RM/RH. All Agree |
|
| Item 64. |
Docket No. 2000-1286-SIP. Consideration for approval of an agreement with the
City of Fort Worth, and corresponding revisions to the State Implementation Plan
(SIP) for ozone control. The agreement and revised SIP would make federally
enforceable certain reductions of local ozone precursor emissions of nitrogen oxides
from sources at Meacham and Alliance Airports in Fort Worth, Tarrant County,
Texas. (Kerri Rowland/Bill Jordan) (Rule Log No. 1999-055-SIP-AI) |
|
| Approve agreement, RM/RH. All Agree |
|
| |
AIR QUALITY STANDARD PERMIT |
|
| Item 65. |
Docket No. 2001-0463-AIR. Consideration for issuance of a new air quality standard
permit for Electric Generating Units under 30 TAC Chapter 116, Subchapter F,
Standard Permits. The new air quality standard permit will be effective June 1,
2001, and authorizes certain electric generating units installed or modified after June
1, 2001 that generate electricity for use by the owner or operator and/or generate
electricity to be sold to the electric grid. Notice of the proposed standard permit was
published in the November 17, 2000 issue of the Texas Register (25 TexReg 11593).
(Rob Abarca/Jim Linville) |
|
| Issue permit, RM/RH. All Agree |
|
|
RULE MATTERS |
|
| Item 66. |
Docket No. 2000-1316-RUL. Consideration for adoption of an amendment to 30
TAC Chapter 106, Permits by Rule, Section 106.512, Stationary Engines and
Turbines. The adoption would preclude registration under Section 106.512 of certain
engines and turbines used to generate electricity upon issuance of a standard permit
for small electric generating units. The proposed rule was published in the January 5,
2001 issue of the Texas Register (26 TexReg 82) (Robby Abarca/Jill Burditt). (Rule
Log No. 2000-050-106-AI) |
|
| Adopt amendments, RM/RH. All Agree |
|
| Item 67. |
Docket No. 2001-0327-RUL. Consideration for publication of the following
proposed amended and new sections of 30 TAC Chapter 39, Public Notice; and
repealed and new section of Chapter 305, Consolidated Permits: |
|
|
Amended Section 39.105 - |
Application for a Class 1 Modification of an
Industrial Solid Waste, Hazardous Waste, or
Municipal Solid Waste Permit |
|
Amended Section 39.403 - |
Applicability |
|
New Section 39.106 - |
Application for Modification of a Municipal Solid
Waste Permit or Registration |
|
Repealed Section 305.70 - |
Municipal Solid Waste Class I Modifications |
|
New Section 305.70- |
Municipal Solid Waste Permit and Registration
Modifications |
|
|
These proposed revisions to Chapter 305 would provide for an increase in the
different types of changes to a permit or registration that can be approved by the
executive director through the modification process. Some of these changes will
require that the applicant provide mailed notice of the modification application to
adjacent landowners and certain agencies in accordance with the public notice
requirements under the proposed revisions to Chapter 39, which outline the required
content of the notice. (Hector Mendieta) Rule Log No. 1997-186-302-WS) |
|
| Approve publication of proposed amended and new sections of 30 TAC Chapter 39, RH/JB. All
Agree |
|
| Item 68. |
Docket No. 2001-0224-RUL. Consideration for adoption of the amendment to
Section 101.351, Applicability, of 30 TAC Chapter 101, General Air Quality Rules,
and corresponding revisions to the state implementation plan. |
|
|
The adoption would specify the requirement for certain sources of nitrogen oxides
(NOx) emissions to obtain emission allowances under the cap and trade program that
was adopted for the Houston/Galveston (HGA) ozone nonattainment area and
published in the January 12, 2001 issue of the Texas Register (26 TexReg 283). The
amendment would specify that NOx-emitting stationary facilities which are subject to
emission requirements under 30 TAC Chapter 117, Control of Air Pollution from
Nitrogen Compounds, and which are located at a site where their collective design
capacity to emit NOx is ten tons or more per year, must obtain and use allowances in
compliance with Chapter 101, Subchapter H, Division 3. In the preamble to the cap
and trade rules published on January 12, 2001, the commission stated its intent to
propose an amendment to the cap and trade rules shortly after adoption to clarify their
application to facilities and groups of facilities at a site. The proposed amendment
was published in the April 6, 2001 issue of the Texas Register (26 TexReg 2626).
(Matt Baker/Beecher Cameron/Alan Henderson) (Rule Log No. 2001-015-101-AI) |
|
| Adopt amendments, RM/RH. All Agree |
| |
| Item 69. |
Docket No. 2001-0433-RUL. Consideration for publication of, and hearing on, the
following proposed amended sections of 30 TAC Chapter 115, Control of Air
Pollution from Volatile Organic Compounds, and corresponding revisions to the state
implementation plan: |
|
|
Subchapter B, General Volatile Organic Compound Sources |
|
Section 115.142 |
|
|
Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical
Processes |
|
Sections 115.322, 115.323, 115.325, 115.327, and 115.329 |
|
|
Subchapter E, Solvent-Using Processes |
|
Sections 115.412, 115.413, 115.415 - 115.417, 115.419, 115.423, 115.426, 115.427,
115.432, 115.433, 115.435, 115.436, 115.439, and 115.442 |
|
|
Subchapter F, Miscellaneous Industrial Sources |
|
Sections 115.512, 115.517, and 115.519 |
|
|
The proposed revisions to Chapter 115 would clarify and add flexibility to existing
requirements, correct errors, update references to terms, delete redundant and obsolete
language, and add a minor recordkeeping requirement necessary to determine
compliance with an exemption. (Keith Sheedy/Jill Burditt) (Rule Log No.
2001-005-115-AI) |
|
| Approve publication and hearing, RM/RH. All Agree |
|
| Item 70. |
Docket No. 2001-0120-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic
Compounds. 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 March 9, 2001
issue of the Texas Register (26 TexReg 2057). Auburn Mitchell) (Rule Log No.
2000-029-115-AI) |
|
| Approve adoption of rules review and readoption of 30 TAC Chapter 115, RM/RH. All Agree |
|
| Item 71. |
Docket No. 2001-0198-RUL. Consideration for adoption of the repeal of the
following sections of 30 TAC Chapter 114, Control of Air Pollution from Motor
Vehicles; Subchapter I, Non-Road Engines; Division 1, Airport Ground Support
Equipment; and corresponding revisions to the state implementation plan. |
|
|
Section 114.400 - Definitions |
|
Section 114.402 - Control Requirements |
|
Section 114.406 - Reporting and Recordkeeping Requirements |
|
Section 114.409 - Affected Counties and Compliance Schedules |
|
|
These amendments to Chapter 114 would repeal the rules regarding airport ground
support equipment (GSE) which were adopted on April 19, 2000 for the Dallas/Fort
Worth (DFW) ozone nonattainment area. The anticipated emissions reductions from
these repealed rules will be replaced with reductions from commission orders made
with commercial airline carriers and memorandums of agreement made with the
airport operators. The proposal was published in the April 6, 2001 issue of the Texas
Register (26 TexReg 2630). (Bill Jordan/Alan Henderson) (Rule Log No.
2001-013a-114-AI) |
|
| Approve adoptions, RM/RH. All Agree |
|
|
EXECUTIVE SESSION |
|
| Item 72. |
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. |
|
| No Action Taken |
|
| Item 73. |
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. |
|
| No Action Taken |
|
| Item 74. |
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. |
|
| No Action Taken |
|
|
PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH
AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING
IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED
TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT
(512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA,
SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK
DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE. |
|
|
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M.
PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION
COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT
ON YOUR ITEM. |