AGENDA

Wednesday, June 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, June 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item carried forward from agenda of May 9, 2001.
Item 1. Docket No. 2001-0352-WR. Consideration of the application (No. 18-0274E) for amendment to Certificate of Adjudication No. 18-2074D filed by Guadalupe-Blanco River Authority (GBRA) for diversion from and downstream of Canyon Reservoir in Comal County of an average of 90,000 acre-feet of water per year averaged over any five consecutive calendar-year period, 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 district, including Hays, Comal, Guadalupe, Caldwell, Gonzales, DeWitt Victoria, Kendall, Refugio, and Calhoun Counties, 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 Commission will consider the hearing requests filed on this application, the responses and replies to those requests, and if it denies the hearing requests, will also consider issuance of the amendment to the Certificate of Adjudication.
Remand to State Office of Administrative Hearings, with instructions to Judge regarding limited issues, and encourage SOAH to expedite hearing, RM/RH. John Baker voted No.


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, June 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Room 201S, Bldg. E

HEARING REQUEST
Item 1. Docket No. 2001-0479-AIR. Consideration of application by MC Energy Partners, L.P. for New Air Quality Permit Nos. 44174, PSD-TX-968, and N-028 to authorize construction and operation of a natural gas fired combined cycle electric generating facility. The proposed facility is located at the northeast corner of the intersection of FM 1486 and Jackson Road, approximately three miles south of State Highway 105, near Montgomery, Montgomery 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. (Erik Hendrickson/Garret Arthur)
Deny hearing requests and adopt Executive Director's comments and issue permit, RH/JB. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 2000-0428-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Florida Gas Transmission Company in Matagorda County; Air Account No. MH-0064-W; 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. (Trina K. Lewison, Suzanne Walrath)
Issue agreed order, RH/JB. All Agree
Item 3. Docket No. 2000-1328-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Randy Foster dba PalEx in Dallas County; Air Account No. DB-3981-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. (Judy Fox, Suzanne Walrath)
Issue agreed order, RH/JB. All Agree
Item 4. Docket No. 2000-0096-AIR-E. Consideration of an Agreed Order assessing administrative penalties against F&W Forestry Services, Inc. and New Forestry, LLC in Montgomery County; Air Account Number MQ-0613-H; for air quality violations pursuant to the Tex. Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Faye Liu, Suzanne Walrath)
Issue agreed order, RH/JB. All Agree
Item 5. Docket No. 2000-1116-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Williams Terminals Holdings, L.P. and Amerada Hess Corporation in Harris County; Air Account No. HG-0017-W; 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, Suzanne Walrath)
Issue agreed order, RH/JB. All Agree
Item 6. Docket No. 2000-1301-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Orval Hall Excavating Company in Tarrant County; Air Account ID No. 91-7615-T; 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, Suzanne Walrath)
Issue agreed order, RH/JB. All Agree
Item 7. Docket No. 2000-1002-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Degussa Corporation in Aransas County; TNRCC Air Account Number AD-0001-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. (Gary L. McDonald, Suzanne Walrath)
Issue agreed order, RH/JB. All Agree
Item 8. Docket No. 2000-1174-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BP Amoco Chemical Company in Harris County; Air Account No. HX-0055-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. (Miriam Hall, Suzanne Walrath)
Issue agreed order, RH/JB. All Agree
AIR ENFORCEMENT DEFAULT ORDER
Item 9. Docket No. 2000-0110-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Douglas Bowser dba Bowser's Auto Body and Sales in Tarrant County; TNRCC ID No. TA-3554-T; for air violations pursuant to the Tex. Clean Air Act, 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. (James Biggins )
Issue default order, JB/RM. All Agree
Item 10. Docket No. 2000-0510-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Ruben Escobedo dba R&R Welding in Guadalupe County; TNRCC Air Account No. GL-0154-B; for air violations pursuant to the Tex. Clean Air Act, 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. (James Biggins)
Issue default order, JB/RM. All Agree
EDWARD AQUIFER ENFORCEMENT AGREED ORDER
Item 11. Docket No. 2000-0761-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against the City of Austin in Travis County; Edwards Aquifer Protection Program No. 95111602; for Edwards Aquifer protection program violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Laurie Eaves)
Issue agreed order, RH/JB. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 12. Docket No. 2000-0619-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Thomas Investments, Inc. dba Richmond Cleaners in Bowie County; TNRCC SWR ID No. NONE; 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. (Steven Lopez, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 13. Docket No. 2000-0980-IHW-E. Consideration of an Agreed Order assessing administrative penalties against Southwest Powder Coatings, Inc. in Bexar County; Solid Waste Registration No. F0625; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz, Sushil Modak)
Issue agreed order, RM/RH. All Agree
Item 14. Docket No. 2000-0710-IHW-E. Consideration of an Agreed Order assessing administrative penalties against the United States Department of Energy, Pantex Plant in Carson County; TNRCC ID No. HW-50284; for industrial and hazardous waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Jim Biggins)
Issue agreed order, RM/RH. All Agree
Item 15. Docket No. 2000-1050-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of AA Foundries, Inc. in Bexar County; Solid Waste Registration No. 39423; 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. (Malcolm A. Ferris, Sushil Modak)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2000-1155-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Circle Bar Truck Corral, Incorporated in Crockett County; Expired WQ Permit No. 0011868-001; 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, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 17. Docket No. 2000-1156-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lone Star Beef Processors, L.P. in Tom Green County; Water Quality Permit No. 003574-000; 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, Laurie Eaves)
Issue agreed order, JB/RH. All Agree
MULTI -MEDIA ENFORCEMENT AGREED ORDER
Item 18. Docket No. 2000-0824-MLM-E. Consideration of an Agreed Order assessing administrative penalties against DeWalch Technologies, Inc. in Harris County; Solid Waste Registration No. F0567; for water quality and 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. (Joseph Daley, Suzanne Walrath)
Issue agreed order, JB/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2000-0918-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Polk County in Polk County; Municipal Solid Waste Permit No. 1384; for municipal solid 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. (Kent Heath, Sushil Modak)
Issue agreed order, JB/RM. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT DEFAULT ORDER
Item 20. Docket No. 2000-0517-MSW-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Roger Chambers dba Roger's Auto Salvage Yard in Jasper County; TNRCC ID No. 455100019; for municipal solid waste violations pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue default order, RH/JB. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 21. Docket No. 2000-1173-MWD-E. Consideration of an Agreed Order assessing administrative penalties against AquaSource Utility, Inc. in Rockwall County; TPDES Permit No. 11974-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2000-1330-MWD-E. Consideration of an Agreed Order assessing administrative penalties against AquaSource, Inc. in Harris County; TPDES Permit No. 11375-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sherry Smith, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 23. Docket No. 2000-0898-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Municipal Utility District No. 127 in Harris County; Water Quality Permit No. 12209-001; 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, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 24. Docket No. 2000-1001-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The City of Centerville in Leon County; TPDES Permit No. 10147-001; 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, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 25. Docket No. 2000-0964-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Florence in Williamson County; TPDES Permit No. 10944-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Cheryl Thompson, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 2000-1331-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Goree in Knox County; TPDES Permit No. 10102-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
ON SITE SEWAGE INSTALLER ENFORCEMENT DEFAULT ORDER
Item 27. Docket No. 1999-1339-OSI-E. Consideration of a Default Order assessing administrative penalties against Bobby Armstrong in Wise County; TNRCC ID No. None; 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. (Elisa Roberts)
Issue default order, JB/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 2000-0802-PST-E. Consideration of an Agreed Order assessing administrative penalties against Young Kim dba S & K Food Mart in Dallas County; PST Facility ID No. 0039348; 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., Sushil Modak)
Issue agreed order, JB/RH. All Agree
Item 29. Docket No. 2000-1131-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. James Kim dba Times Market #9 in Nueces County; PST Facility ID No. 49467; 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, Sushil Modak)
Issue agreed order, JB/RH. All Agree
Item 30. Docket No. 1999-0443-PST-E. Consideration of an Agreed Order assessing administrative penalties against Joe Hamilton dba Keg Korner, Comanche County; TNRCC ID No. 71627; Enf. ID 13617; 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, JB/RH. All Agree
Item 31. Docket No. 2000-0833-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Goldengate Investment Company, Inc. and Imtiaz Ahmad Mian dba Northgate Texaco Mart in Dallas County; PST Facility ID No. 0066942; 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. (Mr. Gary Shipp, Sushil Modak)
Issue agreed order, JB/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 32. Docket No. 1999-1221-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Alyna, Inc. in Harris County; TNRCC ID No. 0004039; 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. (Laurie Lindsey)
Issue default order, RM/RH. All Agree
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS
Item 33. Docket No. 2000-1077-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cyndie Park II Water Supply Corporation in Nueces County; Public Water Supply No. 1780050; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 34. Docket No. 2000-0875-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Canton in Van Zandt County; Public Water Supply No. 2340001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 35. Docket No. 2000-1228-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Chevron Mart, Inc. in Harris County; Public Water Supply No. 1012162; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 36. Docket No. 2000-0527-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Knob Hill Water Supply Corporation in Tarrant County; TNRCC ID No. 2200310; 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. ( Elisa Roberts)
Issue agreed order, RM/RH. All Agree
Item 37. Docket No. 2000-1348-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George Coulam dba Renfaire Water in Grimes County; Public Water Supply No. 0930057; for a water utility violation pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 38. Docket No. 2000-1194-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hog Creek Water Supply Corporation in McLennan County; Public Water Supply ID No. 1550132; 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, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 39. Docket No. 2000-1214-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Basell USA, Inc. in Harris County; Public Water Supply No. 1011568; 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, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
Item 40. Docket No. 2000-1215-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Mountain Breeze, L.L.C. dba Mountain Breeze Campground in Comal County; Public Water Supply No. 0460190; 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, Laurie Eaves)
Issue agreed order, RM/RH. All Agree
SLUDGE ENFORCEMENT AGREED ORDER
Item 41. Docket No. 2000-1119-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Cecil Greene dba Cecil Greene Plumbing in Cass County; Sludge Transporter Registration No. None: for water quality violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Laurie Eaves)
Issue agreed order, RM/JB. All Agree
MISCELLANEOUS
Item 42. Docket No. 2000-0215-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with Chapter 575 of the Government Code, concerning acceptance of gifts by certain state agencies. (Elizabeth West)
Approve staff recommendation, RM/RH. All Agree
RULES
Item 43. Docket No. 2001-0272-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 319, General Regulations Incorporated into Permits. 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 April 13, 2001 issue of the Texas Register (26 TexReg 2856). (Auburn Mitchell) (Rule Log No. 2000-035-319-WT)
Approve adoption of rules review and readoption of 30 TAC Chapter 319, JB/RH. All Agree
Item 44. Docket No. 2000-1353-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 315, Pretreatment Regulations for Existing and New Sources of Pollution. 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 April 13, 2001 issue of the Texas Register (26 TexReg 2855). (Auburn Mitchell) (Rule Log No. 2000-034-315-WT)
Approve adoption of the rules review and readoption of 30 TAC Chapter 315, RH/RM. All Agree
Item 45. Docket No. 2001-0144-RUL. Consideration for the adoption of the rules review and repeal of 30 TAC Chapter 343, Oil and Hazardous Substances. The 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 repeal will remove rules which have been superseded by 30 TAC Chapter 327, Spill Prevention and Control. The proposed review and repeal of this chapter were published in the March 23, 2001 issue of the Texas Register (26 TexReg 2412). (Hector Mendieta) (Rule Log No. 2001-011-343-WS)
Approve adoption of the rules review and repeal of 30 TAC Chapter 343, RM/RH. All Agree
Item 46. Docket No. 2000-0573-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 351, Regionalization. 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 April 13, 2001 issue of the Texas Register (26 TexReg 2857). (Michael Bame) (Rule Log No. 2000-008-351-WT)
Approve adoption of the rules review and readoption of 30 TAC Chapter 351, JB/RH, All Agree
Item 47. Docket No. 2001-0223-RUL. Consideration for adoption of 30 TAC Chapter 15, Fleet Vehicle Management, new Section 15.1, Fleet Vehicle Management.
The adoption will implement the requirements of House Bill 3125, signed into law during the 76th Legislature, 1999. The bill amended Texas Government Code, Title 10, Chapter 2171, by adding Section 2171.1045, Restrictions on Assignment of Vehicles. This section requires state agencies to adopt rules consistent with the fleet management plan developed in accordance with Texas Government Code, Section 2171.104, Management Plan. The proposed rules were published in the April 20, 2001 issue of the Texas Register (23 TexReg 2943). (Kathy Ramirez) (Rule Log No. 2001-004-015-AD)
Approve adoption of 30 TAC Chapter 15, RH/JB. All Agree
Item 48. Docket No. 2001-0264-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 334, Underground and Aboveground Storage Tanks, Section 334.54, Temporary Removal From Service; Section 334.460, Renewal of Certificate of Registration for Corrective Action Project Manager; and Section 334.503, Reuse of Petroleum-Substance Waste.
The adopted rulemaking will clarify petroleum storage tank rules adopted by the commission in November 2000 by correcting several errors. The corrections remove internal inconsistencies to remove confusion concerning the proper requirements under the rules. (Walter Ehresman/Anton Rozsypal/Michael Bame) (Rule Log No. 2001-010-334-WS)
Approve adoption of amended sections of 30 TAC Chapter 334, RH/JB. All Agree
Item 49. Docket No. 2000-1326-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Chapter 331, Underground Injection Control:
Amended:
Section 331.2, Definitions
Section 331.7, Permit Required
Section 331.9, Injection Authorized by Rule
Section 331.10, Inventory of Wells Authorized by Rule
Section 331.11, Classification of Injection Wells
Section 331.12, Conversion of Wells
Section 331.82, Construction Requirements
Section 331.131, Applicability
Section 331.132, Construction Standards
Section 331.133, Closure Standards for Injection Wells
New:
Section 331.8, Prohibition of Motor Vehicle Waste Disposal Wells
Section 331.135, Construction Standards for Large Capacity Septic Systems
Section 331.136, Closure Standards for Motor Vehicle Waste Disposal Wells, Large Capacity Septic Systems, Large Capacity Cesspools, Subsurface Fluid Distribution Systems, and Drywells
Section 331.137, Permits for Motor Vehicle Waste Disposal Wells
Withdrawn:
Section 331.138, Monitoring Requirements for Motor Vehicle Waste Disposal Wells
The adoption will implement new requirements promulgated in federal rules to prevent injection of fluids that endangers underground sources of drinking water. The proposed rules were published in the January 26, 2001 issue of the Texas Register (26 TexReg 926). (Melissa Estes/Richard Eyster) (Rule Log No. 2000-015-331-WT)
Approve adoption of the following amended and new sections of 30 TAC Chapter 331, RH/JB. All Agree
EXECUTIVE SESSION
Item 50. 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 51. 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 52. 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
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ADDENDUM TO AGENDA

Wednesday, June 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
12100 Park 35 Circle
Bldg E. Room 201S

Item 53. Docket No. 2001-0608-MWD-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on May 25, 2001 by the Executive Director of the Texas Natural Resource Conservation Commission ("TNRCC") pursuant to Tex. Water Code 5.501(c)(1). The Emergency Order requires the City of Buda to cease all unauthorized discharges, and hire a Class A Wastewater Operator to supervise operations at the wastewater treatment plant. (Victor Simonds)
Affirm Emergency Order as modified res judicata, JB/RH. Marquez absent.


AGENDA

Wednesday, June 20, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
12100 Park 35 Circle
Room 201S, Bldg E.

Item 1. SOAH Docket No. 582-01-0971; TNRCC Docket No. 1999-1088-AIR-E. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Claude Brown dba Outlaw Services for alleged violations relating to air violations. This business is located at 312 Sixth Street, Port Aransas, Texas in Nueces County, Texas.
Adopt proposal for decision and issue order with changes, and accept Executive Director's exceptions, RH/JB. Marquez Absent
Item 2. SOAH Docket No. 582-00-1287; TNRCC Docket No. 1999-0061-MLM-E. Consideration of the Administrative Law Judge's Proposal for Decision and Order against BioTex Environmental Corporation and Teri Mathis for alleged violations of the Texas Clean Air Act and rules regarding municipal solid waste disposal. This business is located near Richmond, Texas in Fort Bend County, Texas.
Adopt proposal for decision and accept Executive Director's modification to order, RH/JB. Marquez Absent
Item 3. SOAH Docket No. 582-01-0034; TNRCC Docket No. 2000-0637-AIR. Consideration of the Administrative Law Judge's Proposal for Decision and Order for issuance of a new air quality permit to Danco Sand Co. to authorize construction of a concrete crusher at its facility in Seagoville, Dallas County, Texas.
Adopt proposal for decision and issue permit with changes, JB/RH. Marquez Absent