|
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. |
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Division 3 |
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Section 114.620 - Definitions |
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Section 114.621 - Applicability |
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Section 114.622 - Requirements |
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Section 114.629 - Incentive Schedule |
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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. |
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Division 1 |
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Section 114.600 - Definitions |
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Section 114.601 - Applicability |
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Section 114.612 - Requirements |
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Section 114.619 - Incentive Schedule |
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Division 2 |
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Section 114.610 - Definitions |
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Section 114.611 - Applicability |
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Section 114.612 - Requirements |
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Section 114.616 - Manufacturer's Reporting |
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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 |
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| 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. |
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| No Action Taken |
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| 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. |
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| No Action Taken |
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PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH
AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING
IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED
TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT
(512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA,
SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK
DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE. |
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|
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M.
PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION
COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT
ON YOUR ITEM. |