AGENDA

Wednesday, July 11, 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, July 11, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried from Agenda of May 23, 2001.
Item 1. 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.
Item remanded to Executive Director, ADR Mediated a settlement


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, July 11, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2001-0564-MWD. Consideration of permit application #10210-002, submitted by the Guadalupe-Blanco River Authority for a renewal of its TPDES permit (TPDES Permit No. 10210-002), which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,500,000 gallons per day. The wastewater treatment facility serves the City of Lockhart. The proposed facility is located on the south side of Farm-to-Market Road 20, approximately 2.5 miles east of the intersection of Farm-to-Market Road 20 and U.S. Highway 183 in Caldwell 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/Julian Centeno)
Deny hearing request and request for reconsideration, adopt Executive Director's Response to Comments and issue permit, JB/RH. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 2. Docket No. 2000-1198-AIR-E. Consideration of an Agreed Order assessing administrative penalties against BNP Petroleum Corporation in McMullen County; Air Account No. MC-0008-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. (Michael De La Cruz, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 3. Docket No. 2000-1386-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Oasis Pipe Line Company Texas L.P. in Kendall County; Air Account No. KC-0013-N and Operating Permit No. O-00462; 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, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 4. Docket No. 2000-1309-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Duke Energy Field Services, LP in Fayette County; Air Account No. FC-0033-K; 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. (Thomas Greimel, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 5. Docket No. 2000-0783-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Gilbert Reyes, Jr. dba Party Time Rentals in El Paso County; TNRCC ID No. EE-0812-T; for air quality violations pursuant to the Tex. Health and Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (James Biggins)
Issue agreed order, RH/RM. All Agree
Item 6. Docket No. 2000-1434-AIR-E. Consideration of an Agreed Order assessing administrative penalties against AES Deepwater Inc. in Harris County; Air Account No. HG-1495-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. (Kevin Keyser, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 7. Docket No. 2000-0934-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Hilcorp Energy Company in Brazoria County; Air Account No. BL-0005-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. (Sheila Smith, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 8. Docket No. 2000-1180-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kalyn/Siebert L.P. in Coryell County; TNRCC AIR Account No. CW-0032-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. (James Jackson, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 9. Docket No. 2000-1371-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Frank Flores dba Lull's Public Scales & Scales Drive In in Hidalgo County; Air Account No. HN-0454-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. (Bill Davis, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 10. Docket No. 2001-0142-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Good Time Stores Inc. dba Good Time Store No. 60 in El Paso County; Air Account No. EE-0910-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. (David Van Soest, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 11. Docket No. 2001-0010-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of The Sherwin Williams Company in Dallas County; TNRCC Air Account No. DB-0728-N; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Bill Davis, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
Item 12. Docket No. 2000-1310-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Phillips Petroleum Company in Brazoria County; Air Account No. BL-0042-G; 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, Carl Schnitz)
Issue agreed order, RH/RM. All Agree
AIR ENFORCEMENT DEFAULT ORDER
Item 13. Docket No. 2000-0511-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Vance D. Miller dba Miller Manufacturing Co. in Bexar County; TNRCC ID No. 14970; for air quality 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, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 14. Docket No. 1998-1417-IHW-E. Consideration of an Amended Agreed Order assessing administrative penalties and requiring certain actions of Billmark Company, Inc. in Tarrant County; TNRCC SWR ID No. 38227; for industrial and hazardous waste violations pursuant to the Texas 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. (Darren Ream)
Issue amended agreed order, RM/JB. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2000-0104-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Lone Star Steel Company in Morris County; NPDES Permit No. TX0000027 (WQ00348); 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, Shawn Stewart)
Issue agreed order, JB/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2000-1026-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of J & B Habluetzel Trust in San Patricio County; Unauthorized Site No. 45514006; 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. (Gary L. McDonald, Susan Johnson)
Issue agreed order, JB/RH. All Agree
Item 17. Docket No. 2000-1020-MSW-E. Consideration of an Agreed Order assessing administrative penalites and requiring certain actions of Charles S. Timms in Lubbock County; MSW Unauthorized Site No. 455020020 and Tire Transporter Registration No. 27033; for waste tire violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Gary Shipp, Susan Johnson)
Issue agreed order, JB/RH. All Agree
Item 18. Docket No. 2000-1257-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Turkey Creek Landfill TX, LP in Johnson County; Municipal Solid Waste Permit No. 1417-B; 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. (Merrilee Gerberding, Susan Johnson)
Issue agreed order, JB/RH. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 19. Docket No. 2000-1206-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Northwest Harris County Municipal Utility District No. 12 in Harris County; TPDES Permit No. 11991-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Faye Liu, Shawn Stewart)
Issue agreed order, RM/RH. All Agree
Item 20. Docket No. 2000-1392-MWD-E. Consideration of an Agreed Order assessing administrative penalties against the City of Palmer in Ellis County; TPDES Permit No. 13620-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Michael De La Cruz, Shawn Stewart)
Issue agreed order, RM/RH. All Agree
Item 21. Docket No. 2000-1269-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Northeast Texas Community College in Titus County; TPDES Permit No. 13948-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Shawn Stewart)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2000-1135-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Northwest Harris County Municipal Utility District No. 24 in Harris County; TPDES Permit No. 12655-001; 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, Shawn Stewart)
Issue agreed order, RM/RH. All Agree
MUNICIPAL WASTE DISCHARGE DEFAULT ORDER
Item 23. Docket No. 1999-0259-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of C & A Jeffrey Inc. and Curtis Jeffrey, Individually in Travis County; TNRCC Water Quality Permit No. 11191-001; for water quality and wastewater operation violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue default order, RH/RM. All Agree
ON SITE SEWAGE FACILITY INSTALLERS DEFAULT ORDER
Item 24. Docket No. 1999-1306-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of James Leroy Dake in Wise County; TNRCC ID No. OS6782; 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. (Gitanjali Yadav)
Issue default order, RH/JB. Marquez absent
ON SITE SEWAGE FACILITY AUTHORIZATION AGREED ORDER
Item 25. Docket No. 2001-0018-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Delton Osborne dba Grubs Bait & Grill in Garza County; On-site Sewage Facility Installer License No. None; for on-site sewage violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (J. Craig Fleming, Shawn Stewart)
Issue agreed order, JB/RH. Marquez absent
PETROLEUM STORAGE TANKS ENFORCEMENT AGREED ORDERS
Item 26. Docket No. 1999-1404-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sattar Investments, Inc. in Burnet County; TNRCC ID No. 0046837; 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. (Darren Ream)
Issue agreed order, RH/RM. All Agree
Item 27. Docket No. 1999-1246-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petroleum Market Equipment, Inc.; Dean Pump, Inc.; and Donald Preston Dean in Jefferson County; TNRCC ID Nos. 1379, 235, ILP000028; for petroleum storage tank violations, wastewater discharge violations, and underground storage tank contractor and installer and on-site supervisor violations, pursuant to chs. 7 and 26 of the Tex. Water Code; industrial and hazardous waste violations pursuant to ch. 361 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue agreed order, RH/RM. All Agree
Item 28. Docket No. 2000-1041-PST-E. Consideration of an Agreed Order assessing administrative penalties against Madanco Corporation dba Shoppers Mart in Galveston County; Petroleum Storage Tank Facility ID No. 0035088; 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. (Kent Heath, Susan Johnson)
Issue agreed order, RH/RM. All Agree
Item 29. Docket No. 2000-1271-PST-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Mohammad Rahman dba Food Heaven in Tarrant County; Petroleum Storage Tank Facility ID No. 0072561; 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. (Erika Fair, Susan Johnson)
Remand to Executive Director
Item 30. Docket No. 1999-0718-PST-E. Consideration of an Agreed Order assessing administrative penalties against Dennis Dickerson, Individually, and KAT Sav-Mor, Inc. in Ector County; TNRCC ID No. 112878; 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. (Darren Ream)
Issue agreed order, RH/RM. All Agree
Item 31. Docket No. 1998-1005-PST-E. Consideration of an Agreed Order assessing administrative penalties against Racetrac Petroleum, Inc. in Dallas County; TNRCC ID No. 0067508; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue agreed order, RH/RM. All Agree
Item 32. Docket No. 1998-1525-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Khaled Omar in Tarrant County; TNRCC ID No. 66381; 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. (Darren Ream)
Issue agreed order, RH/RM. All Agree
Item 33. Docket No. 1998-1525-PST-E. Consideration of an Agreed Order assessing administrative penalties against Aisheh Haboul dba Future Food Mart and Feras Abdallah in Tarrant County; TNRCC ID No. 66381; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK DEFAULT ORDERS
Item 34. Docket No. 1999-1389-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of GBAK Properties, Inc. in Galveston County; TNRCC ID Nos. 38596 and 14287; for petroleum storage tank violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Darren Ream)
Remand to Executive Director, RH/RM. All Agree
Item 35. Docket No. 2000-0178-PST-E. Consideration of a Default Order assessing administrative penalties against Kamal Kassira dba Sandy's Food Store in Tarrant County; TNRCC ID No. 0056693; 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. (Darren Ream)
Issue default order, RM/RH. All Agree
PUBLIC WATER SYSTEM AGREED ORDERS
Item 36. Docket No. 2000-1079-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Bandera Ranch Resort L.C. dba Lost Valley Resort Ranch in Bandera County; Public Water Supply No. 0100029; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 37. Docket No. 2000-1418-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rene Hinojosa dba Rene's Water System in Harris County; Public Water Supply 1010578; 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, Shawn Stewart)
Issue agreed order, RH/RM. All Agree
Item 38. Docket No. 1999-0494-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hilltop Estates Water Supply Corp. dba Hilltop Estates Water Supply in Denton County; TNRCC ID No. 0610199; 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. (James Biggins)
Issue agreed order, RH/RM. All Agree
DISTRICTS
Item 39. Docket No. 2000-0983-DIS. Consideration of a Proposed Order Declaring the Results of an Election Held on May 5, 2001 on the Question of Annexing the City of Frisco to the North Texas Municipal Water District of Collin County and Declaring that the City of Frisco is Annexed by the North Texas Municipal Water District pursuant to Texas Revised Civil Statutes Annotated Art. 8280-141, Section 5(a) et. seq. ( TNRCC Internal Control No. 06132000-D01; Diego Abrego)
Approve proposed order, RM/JB. All Agree
RULE MATTERS
Item 40. Docket No. 2000-0866-RUL. Consideration for the adoption of the rules review and repeal of 30 TAC Chapter 322, Community Wastewater Planning, which includes Sections 322.1 - 322.6. 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. A review of the rules in Chapter 322 indicated that they are unnecessary and unused; therefore, repeal of the chapter was proposed. The proposed repeal and rules review were published in the May 4, 2001 issue of the Texas Register (26 TexReg 3376 and 3400). (Louis Herrin/Jill Burditt) (Rule Log No. 2000-039-322-WT)
Approve adoption of rules review and repeal of 30 TAC Chapter 322, RH/RM. All Agree
Item 41. Docket No. 2001-0319-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 317, Design Criteria for Sewerage Systems. 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 proposed rules review was published in the May 4, 2001 issue of the Texas Register (26 TexReg 3400). (Auburn Mitchell, Louis C. Herrin, III, Snehal R. Patel) (Rule Log No. 2001-018-317-WT)
Approve adoption and readoption of 30 TAC Chapter 317, RM/JB. All Agree
Item 42. Docket No. 2000-0916-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 112, Control of Air Pollution from Sulfur 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 May 4, 2001 issue of the Texas Register (26 TexReg 3399). (Alan J. Henderson) (Rule Log No. 1999-011-112-AI)
Approve adoption and readotpion of 30 TAC Chapter 112, RM/RH. All Agree
Item 43. Docket No. 2000-1431-RUL. Consideration for withdrawal of proposed amendments to the following sections in 30 TAC Chapter 331, Underground Injection Control:
Subchapter G. Consideration Prior to Permit Issuance
Section 331.121, Class I Wells
Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells
Section 331.161, Applicability
Section 331.163, Well Construction Standards
The proposal was published in the March 9, 2001 issue of the Texas Register (26 TexReg 2004). (Ray Austin/Wade Wheatley/Parker Wilson) (Rule Log No. 2000-053-331-WT)
Withdrawal of proposed amendments, JB/RM. All Agree
Item 44. Docket No. 2001-0666-RUL. Consideration for publication of, and hearing on, the following proposed repealed sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-Road Engines; Division 2, Heavy Equipment Fleets - Compression-Ignition Engines; Division 4, Construction Equipment Operating Limitations; Division 8, Houston/Galveston Heavy Equipment Fleets - Compression-Ignition Engines; Division 9, Houston/Galveston Construction Equipment Operating Restrictions; and corresponding revisions to the state implementation plan.
Division 2
Section 114.410 - Definitions
Section 114.412 - Control Requirements
Section 114.416 - Reporting and Recordkeeping Requirements
Section 114.417 - Exemptions
Section 114.419 - Affected Counties
Division 4
Section 114.432 - Control Requirements
Section 114.436 - Recordkeeping Requirements
Section 114.437 - Exemptions
Section 114.439 - Affected Counties and Compliance Dates
Division 8
Section 114.470 - Definitions
Section 114.472 - Control Requirements
Section 114.476 - Reporting and Recordkeeping Requirements
Section 114.477 - Exemptions
Section 114.479 - Affected Counties
Division 9
Section 114.482 - Control Requirements
Section 114.486 - Recordkeeping Requirements
Section 114.487 - Exemptions
Section 114.489 - Affected Counties and Compliance Dates
These proposed revisions to Chapter 114 would repeal the rules regarding heavy diesel equipment fleet composition and the rules regarding diesel construction equipment operating restrictions which were adopted on April 19, 2000 for the Dallas/Fort Worth ozone nonattainment area and on December 6, 2000 for the Houston/Galveston ozone nonattainment area. The anticipated emissions reductions from these repealed rules will be replaced with reductions resulting from voluntary and incentive programs authorized by Senate Bill 5, 77th Legislature, 2001. (Alan Henderson/Ken Gathright) (Rule Log No. 2001-025a-114-AI)
Approve publication and hearing, RM/RH. All Agree
Item 45. Docket No. 2001-0739-RUL. Consideration for publication of the following proposed amended sections of; Chapter 305, Consolidated Permits; and Chapter 331, Under 30 TAC Chapter 281, Application Processing ground Injection Control.
Amended Sections:
Section 281. 21 - Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary
Section 305.42 - Application Required
Section 305.53 - Application Fee
Section 331.121 - Class I Wells
These proposed revisions would address the requirements of Senate Bill 324, 77th Texas Legislature, 2001, by proposing amendments to Chapter 281 which would establish a procedure for the preparation of comprehensive summaries of a permit applicant's compliance history, including the compliance history of any corporation or business entity managed, owned, or closely related to the applicant; Chapter 305 which would provide for the fee amount collected for disposal well permit applications and would require that all applications for hazardous and nonhazardous disposal well permits be processed for the benefit of the state and the preservation of its natural resources; and Chapter 331 which would expand the applicability of certain requirements relating to the commission's determination if the use or installation of an injection well is in the public's interest. (Michael Bame/Patti Hershey/Devane Clarke) (Rule Log No. 2001-049-305-WT)
Reposted as Item 54
Item 46. Docket No. 2001-0740-RUL. Consideration for publication of the following proposed amended sections of 30 TAC Chapter 80, Contested Case Hearings:
Amended Section 80.17 - Burden of Proof
Amended Section 80.109 - Designation of Parties
Amended Section 80.115 - Rights of Parties
Amended Section 80.117 - Order of Presentation
These proposed revisions to Chapter 80 are in response to House Bill 2912, Section 1.20, 77th Legislature, 2001, relating to the executive director's party status at contested case hearings on permit applications. (Kathy Ramirez) (Rule Log No. 2001-027-080-AD)
Reposted as Item 55
Item 47. Docket No. 2001-0735-RUL. consideration for publication of, and hearing on, the proposed amendments to Section 101.27, Emissions Fees, of 30 TAC Chapter 101, General Air Quality Rules; Subchapter A, General Rules; and corresponding revisions to the state implementation plan.
These proposed amendments to Chapter 101 would remove the exemption from emissions fees for upset and maintenance emissions. These amendments are required by Rider 30 to Senate Bill 1, 77th Legislature, 2001. (Alan Henderson/ Paul Henry) (Rule Log No. 2001-030-101-AI)
Approve publication and hearing, with modification, RH/RM. All Agree
Item 48. Docket No. 2001-0736-RUL. Consideration for publication of, and hearing on, the following proposed new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; new Subchapter K, Motor Vehicle Purchasing Incentives; Division 3, Diesel Retrofit/Re-Power Incentive Program for On-Road and Non-Road Vehicles.
Division 3
Section 114.620 - Definitions
Section 114.621 - Applicability
Section 114.622 - Requirements
Section 114.629 - Incentive Schedule
These proposed amendments to Chapter 114 would establish a motor vehicle incentive program authorized by Senate Bill 5, 77th Legislature, 2001. (Alan Henderson/Kenneth Gathright) (Rule Log No. 2001-025b-114-AI)
Reposted as item 57
Item 49. Docket No. 2001-0738-RUL. Consideration for publication of, and hearing on, the following proposed revisions to the Dallas/Fort Worth Attainment Demonstration state implementation plan (SIP) to reflect the repeal of the rules regarding heavy diesel equipment fleet composition and the rules regarding diesel construction equipment operating restrictions as part of the implementation of Senate Bill 5, 77th Legislature, 2001. (Alan Henderson/Heather Evans) (Rule Log No. 2001-025-SIP-AI)
Approve publication and hearing, RM/RH. All Agree
Item 50. Docket No. 2001-0737-RUL. Consideration for publication of, and hearing on, the following proposed new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; new Subchapter K, Motor Vehicle Purchasing Incentives; Division 1, On-Road Diesel Purchase or Lease Incentive Program; and Division 2, Light-Duty Motor Vehicle Purchase or Lease Incentive Program.
Division 1
Section 114.600 - Definitions
Section 114.601 - Applicability
Section 114.612 - Requirements
Section 114.619 - Incentive Schedule
Division 2
Section 114.610 - Definitions
Section 114.611 - Applicability
Section 114.612 - Requirements
Section 114.616 - Manufacturer's Reporting
Section 114.618 - Vehicle Emissions Information Brochure
Section 114.619 - Incentive Schedule
These proposed amendments to Chapter 114 would establish motor vehicle incentive programs authorized by Senate Bill 5, 77th Legislature, 2001. (Alan Henderson/Morris Brown) (Rule Log No. 2001-025c-114-AI)
Reposted as Item 58
EXECUTIVE SESSION
Item 51. 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 52. 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 53. 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.


ADDENDUM TO AGENDA

Wednesday, July 11, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 54. Docket No. 2001-0739-RUL. Consideration for publication of and hearing on the following proposed amended sections of 30 TAC Chapter 281, Application Processing; Chapter 305, Consolidated Permits; and new and amended sections of Chapter 331, Underground Injection Control.
Amended Sections:
Section 281. 21 - Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary
Section 305.42 - Application Required
Section 305.53 - Application Fee
Section 331.121 - Class I Wells
New Section:
Section 331.120 - Compliance History
These proposed new and amended sections would address the requirements of Senate Bill 324, 77th Texas Legislature, 2001, by amending Chapter 281 to establish a procedure for the preparation of comprehensive summaries of a permit applicant's compliance history, including the compliance history of any corporation or business entity managed, owned, or closely related to the applicant; Chapter 305 to revise the terms of the fee amount collected for disposal well permit applications and to require that all applications for hazardous and nonhazardous disposal well permits be processed for the benefit of the state and the preservation of its natural resources; and Chapter 331 to expand the applicability of certain requirements relating to the commission's consideration of compliance history in the determination whether the use or installation of an injection well is in the public's interest. (Michael Bame/Patti Hershey/Devane Clarke) (Rule Log No. 2001-049-305-WT)
Continued to August 8, 2001
Item 55. Docket No. 2001-0740-RUL. Consideration for publication of and hearing on the following proposed new and amended sections of 30 TAC Chapter 80, Contested Case Hearings:
New Section 80.108 - Executive Director Party Status
Amended Section 80.17 - Burden of Proof
Amended Section 80.109 - Designation of Parties
Amended Section 80.117 - Order of Presentation
Amended Section 80.127 - Evidence
Amended Section 80.131 - Interlocutory Appeals and Certified Questions
Amended Section 80.251 - Judge's Proposal for Decision
Amended Section 80.252 - Judge's Proposal for Decision
Amended Section 80.261 - Scheduling Commission Meetings
These proposed revisions to Chapter 80 are in response to House Bill 2912, Section 1.20, 77th Legislature, 2001, relating to the executive director's party status at contested case hearings concerning permitting matters. (Kathy Ramirez) (Rule Log No. 2001-027-080-AD)
Reposted as Item 56


SECOND ADDENDUM TO AGENDA

Wednesday, July 11, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 56. Docket No. 2001-0740-RUL. Consideration for publication of and hearing on the following proposed new and amended sections of 30 TAC Chapter 80, Contested Case Hearings:
New Section 80.108 - Executive Director Party Status
Amended Section 80.17 - Burden of Proof
Amended Section 80.21 - Witness Fees
Amended Section 80.109 - Designation of Parties
Amended Section 80.117 - Order of Presentation
Amended Section 80.127 - Evidence
Amended Section 80.131 - Interlocutory Appeals and Certified Questions
Amended Section 80.153 - Issuance of Subpoena or Commission to Take Deposition
Amended Section 80.251 - Judge's Proposal for Decision
Amended Section 80.252 - Judge's Proposal for Decision
Amended Section 80.261 - Scheduling Commission Meetings
These proposed revisions to Chapter 80 are in response to House Bill 2912, Section 1.20, 77th Legislature, 2001, relating to the executive director's party status at contested case hearings concerning permitting matters. (Kathy Ramirez) (Rule Log No. 2001-027-080-AD)
Continued to August 8, 2001
Item 57. Docket No. 2001-0736-RUL. Consideration for publication of, and hearing on, the proposed new Division 3, Diesel Emissions Reduction Incentive Program for On-Road and Non-Road Vehicles in new Subchapter K, Mobile Source Incentive Programs of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles. These proposed amendments to Chapter 114 would establish a motor vehicle and non-road equipment incentive program authorized by Senate Bill 5, 77th Legislature, 2001. (Alan Henderson/Kenneth Gathright) (Rule Log No. 2001-025b-114-AI).
Approve publication and hearing, RM/RH. All Agree
Item 58. Docket No. 2001-0737-RUL. Consideration for publication of, and hearing on, the proposed new Division 1, On-Road Diesel Vehicle Purchase or Lease Incentive Program and Division 2, Light-Duty Motor Vehicle Purchase or Lease Incentive Program in new Subchapter K, Mobile Source Incentive Programs of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles. These proposed amendments to Chapter 114 would establish motor vehicle incentive programs authorized by Senate Bill 5, 77th Legislature, 2001. (Alan Henderson/Morris Brown) (Rule Log No. 2001-025c-114-AI).
Approve publication and hearing, RM/RH. All Agree


AGENDA

Wednesday, July 11, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. SOAH Docket No. 582-01-2165; TNRCC Docket No. 2000-0046-PST-E. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Phohay Ratsamy dba Boat Club Grocery for alleged violations relating to failure to maintain a vapor recovery system in proper operating condition, free of defects; failure to conduct the required annual pressure decay test in 1999; and failure to keep a record of the daily inspection conducted at his retail gasoline station. The business is located at 5300 Boat Club Road, Fort Worth, Texas in Tarrant County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, RH/JB. Marquez Absent