AGENDA

Wednesday, August 8, 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, August 8, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. 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)
Approve publication, RM/RH. All Agree
Item 2. 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)
Reposted as Item # 66


HUSTON
MARQUEZ
BAKER

AGENDA

Wednesday, August 8, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUEST
Item 1. Docket No. 2001-0719-AIR. Consideration of application by Poly Plastics, Inc. for new Air Quality Permit No. 42399 to authorize the expanded operation of the existing facilities. The flexographic printing and packaging plant is located in Trumball, Ellis 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. (Craig Richardson/Janis Hudson)
Grant hearing request of Mr. Richard Toals and remand to Alternative Dispute Resolution for 4 to 6 weeks and if mediation fails forward to State Office Administrative Hearings and allow 3 months from the date of preliminary hearing, RH/JB. All Agree
Item 2. Docket No. 2001-0658-MWD. Consideration of permit application no. 14165-001, submitted by The Railyard Joint Venture for a new permit to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day in the final phase. The wastewater treatment facility will serve a residential development project. The facility will be located approximately 8,500 feet northwest of State Highway 21 crossing of Brushy Creek in Hays County, Texas. The commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response and replies, public comment and the Executive Director's Response to Comments. (Kent H. Trede/Guy Henry)
Reposted as Item #65
Item 3. Docket No. 2001-0702-MSW. Consideration of permit application no. MSW- 2281 by the City of Shamrock for a permit for a new Type I-AE municipal solid waste management facility. The permit will authorize the City of Shamrock to construct a landfill that will accept municipal solid waste from municipal, community, commercial, institutional, agricultural, and recreational activities, non-hazardous Class 2 and Class 3 industrial wastes, yard wastes, and approved special wastes. The facility is to be located on a 24.43 acre site located about 1.5 miles northwest of the city limits of Shamrock, in Wheeler 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. (Mike Graeber/Guy Henry)
Grant hearing request of parties, but deny Eddy McMurtry and remand to Alternative Dispute Resolution for 4 to 6 weeks to allow mediation, if mediation fails forward to State Office Administrative Hearings and hearing to be completed 6 months from preliminary hearing, RH/JB. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 4. Docket No. 2001-0328-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Javier Tapia dba J.T. Dairy in Tom Green County; Water Quality ID No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Terry Thompson)
Issue agreed order, RH/JB. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 5. Docket No. 2001-0087-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ticona Polymers, Incorporated in Nueces County; Air Account No. NE-0022-I; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Stacey Young)
Issue agreed order, RH/JB. All Agree
Item 6. Docket No. 1999-0699-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Steves & Sons, Incorporated in Bexar County; TNRCC ID No. BG-0214-F; for air quality violations pursuant to the Tex. Clean Air Act, ch. 382 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. (Joshua M. Olszewski)
Issue agreed order, RH/JB. All Agree
Item 7. Docket No. 2000-1093-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Alliant Energy Desdemona, L. P. in Eastland County; Air Account No. EA-0085-H; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Stacey Young)
Remand to Executive Director
Item 8. Docket No. 2000-1267-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chevron Phillips Chemical Company LP in Harris County; Air Account No. HG-0566-H; for air quality and drinking water quality violations pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Faye Liu, Stacey Young)
Issue agreed order, RH/JB. All Agree
Item 9. Docket No. 2001-0194-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Michael Barton dba Cotton Valley RV in El Paso County; Air Account No. EE-0803-U; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Stacey Young)
Issue agreed order, RH/JB. All Agree
Item 10. Docket No. 2001-0017-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Blue Dolphin Energy Company in Brazoria County; Air Account No. BL-0421-R; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kevin Keyser, Stacey Young)
Issue agreed order, RH/JB. All Agree
Item 11. Docket No. 2001-0154-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Blackstone Dillworth in Webb County; Air Account No. WE-0284-U; for air quality and municipal solid 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. (Malcolm A. Ferris, Stacey Young)
Remand to Executive Director
Item 12. Docket No. 2000-1048-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Structural Metals, Inc. in Guadalupe County; Air Account No. GL-0028-H and Air Permit No. 37740; 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, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 13. Docket No. 2001-0244-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Patterson Petroleum LP, LLLP in Fort Bend County; Air Account No. FG-0040-P; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 14. Docket No. 2000-1284-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Menasha Corporation in Rockwall County; Air Account No. RJ-0077-D; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 15. Docket No. 2000-0780-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Marathon Ashland Petroleum LLC in Galveston County; Air Account No. GB-0055-R; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sushil Modak, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 16. Docket No. 2001-0172-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Goodyear Tire and Rubber Company in Jefferson County; Air Account No. JE-0039-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. (Laura Clark, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 17. Docket No. 2001-0193-AIR-E. Consideration of an Agreed Order assessing administrative penalties against FFP Marketing Company Inc. in El Paso County; Air Account No. EE-1961-R; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 18. Docket No. 2001-0025-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Entergy Gulf States, Inc. in Jefferson County; TNRCC Air Account No. JE-0045-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. (Laura Clark, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 19. Docket No. 2000-1117-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Continental Cabinets Manufacturing, Inc. in Dallas County; Air Account No. DB-0621-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Stacey Young)
Issue agreed order, RH/JB. All agree
Item 20. Docket No. 2001-0037-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Akzo Nobel Chemicals, Inc. in Harris County; Air Account No. HG-0717-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. (Michael Meyer, Stacey Young)
Issue agreed order, RH/JB. All agree
AIR ENFORCEMENT DEFAULT ORDER
Item 21. Docket No. 2000-0776-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of WeeBe Industries, Inc. in Tarrant County; TNRCC ID No. TA-0611-H; for air quality violations pursuant to Chapter 382 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski)
Issue default order, RH/RM. All agree
EDWARD AQUIFER ENFORCEMENT AGREED ORDER
Item 22. Docket No. 2001-0107-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Curb Cut, Incorporated in Williamson County; Edwards Aquifer Protection Plan No. 00000010; 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, Terry Thompson)
Issue agreed order, RH/JB. All agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2000-1275-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Bobby Lee dba Environmental Box Cleaning & Storage Services in Harris County; Solid Waste Registration No. 86346; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Faye Liu, Gloria Stanford)
Issue agreed order, RM/RH. All agree
Item 24. Docket No. 2000-1389-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Heartland Rig International, Inc. in McCulloch County; Industrial Hazardous Waste Registration No. 35046; for industrial & hazardous waste violations pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Gloria Stanford)
Issue agreed order, RM/RH. All agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 25. Docket No. 2001-0127-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Strasburger Enterprises, Inc. in Smith County; NPDES Permit No. TXG830049; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Carolyn V. Lind, Terry Thompson)
Issue agreed order, JB/RH. All agree
MULTI-MEDIA ENFORCEMENT AGREED ORDERS
Item 26. Docket No. 2000-1306-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Xklen Corporation in Harris County; TNRCC ISW Registration No. 83163; 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. (J. Craig Fleming, Stacey Young)
Issue agreed order, RH/RM. All agree
Item 27. Docket No. 2000-1304-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Department of Transportation in Tom Green County; TNRCC ISW Registration No. 64138; 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. (J. Craig Fleming, Stacey Young)
Issue agreed order, RH/RM. All agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 28. Docket No. 2000-1486-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Garland in Dallas County; TNRCC Permit No. 1062A; 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. (Tim Haase, Gloria Stanford)
Issue agreed order, JB/RH. All agree
Item 29. Docket No. 2000-1027-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Logo Materials, Inc. in Nueces County; Unauthorized Site No. 45514007; 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, Gloria Stanford)
Issue agreed order, JB/RH. All agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 30. Docket No. 2000-0023-MWD-E. Consideration of an Amended Agreed Order amending Agreed Order, TNRCC Docket No. 2000-0023-MWD-E regarding the City of Little Elm in Denton County; TNRCC Water Quality Permit No. 11600-001; pursuant to chs. 7 and 26 of the Tex. Water Code. (Gitanjali Yadav)
Issue agreed order, RM/RH. All agree
Item 31. Docket No. 2000-1059-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Paradise Point, Inc. in Montgomery County; TPDES Permit No. 13629-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 32. Docket No. 2000-1185-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Thousand Trails, Inc. in Hill County; TPDES Permit No. 13075-001; 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, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 33. Docket No. 2001-0052-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Texas Parks and Wildlife Department in Burnet County; Water Quality Permit No. 11566-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 34. Docket No. 2000-1394-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Texas A&M University in Brazos County; TPDES Permit No. 04002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 35. Docket No. 2001-0012-MWD-E. Consideration of an Agreed Order assessing administrative penalties against NCI Building Systems, L.P. in Harris County; Texas Pollutant Discharge Elimination System Permit No. 12552-002; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 36. Docket No. 2001-0200-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Laguna Madre Water District in Cameron County; TPDES Permit No. 10350-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Terry Thompson)
Issue agreed order, RM/RH. All agree
ON-SITE SEWAGE INSTALLER DEFAULT ORDER
Item 37. Docket No. 2000-1187-OSI-E. Consideration of a Default Order assessing administrative penalties against Derek T. Williams in Orange County; TNRCC ID No. OS4948; for on-site sewage installer violations pursuant to chs. 7 and 26 of the Tex. Water Code, ch. 366 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olzewski)
Remand to Executive Director
ON-SITE SEWAGE INSTALLER AGREED ORDER
Item 38. Docket No. 2000-1453-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Daniel Sertuche dba Sertuche & Son Plumbing in Victoria County; On-Site Sewage Facility Installer ID No. 2177(Expired); for on-site sewage installation violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (A. Sunday Udoetok, Terry Thompson)
Issue agreed order, JB/RH. All agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDERS
Item 39. Docket No. 1999-0279-PST-E. Consideration of a Default Order assessing administrative penalties against and requiring certain actions of Abel Lopez, Jr. dba Savey 1 in Tarrant County; TNRCC PST ID No. 0031361; 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. (Gitanjali Yadav)
Issue default order, RH/RM. All agree
Item 40. Docket No. 2000-0518-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Global Finance, Inc. dba Astrodome Conoco & Alnoor Kermally, Individually in Harris County; TNRCC ID No. 0027939; 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. (Darren Ream)
Remand to Executive Director
Item 41. Docket No. 1999-0895-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Fred Palacios in Hidalgo County; TNRCC ID No. 33816; 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
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 42. Docket No. 1999-1236-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Elhamad Enterprises, Inc. dba JR's Mini Mart in Tarrant County; TNRCC ID No. 0034001; for petroleum storage tank violations pursuant to ch. 7 of the Tex. Water Code, ch. 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue agreed order, RH/RM. All agree
Item 43. Docket No. 2001-0162-PST-E. Consideration of an Agreed Order assessing administrative penalties against Western Transportation Inc. in Tarrant County; Facility ID No. None; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Gloria Stanford)
Issue agreed order, RH/RM. All agree
Item 44. Docket No. 2000-1240-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Racetrac Petroleum, Inc. in Dallas County; Petroleum Storage Tank Facility ID No. 0070448; for petroleum storage tank and public water supply violations pursuant to Tex. Health & Safety Code chs. 341 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Gloria Stanford)
Issue agreed order, RH/RM. All agree
Item 45. Docket No. 2000-1029-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oasis Car Wash, Inc. dba Oasis Car Wash in Tarrant County; Petroleum Storage Tank Facility ID Nos. 0050069 & 0012030; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Gloria Stanford)
Issue agreed order, RH/RM. All agree
Item 46. Docket No. 2001-0182-PST-E. Consideration of an Agreed Order assessing administrative penalties against Knightco Oil Company dba Superior Lubricants in Tarrant County; PST Facility ID No. 0033904; 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. (Cheryl Thompson, Gloria Stanford)
Issue agreed order, RH/RM. All agree
Item 47. Docket No. 2001-0028-PST-E. Consideration of an Agreed Order assessing administrative penalties against Tuong H. Nguyen dba Express Way Food Store in Dallas County; Petroleum Storage Tank Facility ID No. 0064954; 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., Gloria Stanford)
Issue agreed order, RH/RM. All agree
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER
Item 48. Docket No. 2000-0655-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Mark Locke dba Champion Water Services dba Dayton Oaks Estates Public Water Supply in Liberty County; TNRCC ID No. 1460136; for public drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue default order, RH/RM. All agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 49. Docket No. 2001-0030-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Harris County Precinct No. 1 - Main Camp in Harris County; Public Water Supply 1012497; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 50. Docket No. 2001-0016-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Venus in Johnson County; Public Water Supply No. 1260006; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 51. Docket No. 2000-1398-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Wayne Downing dba Talent Plus in Lubbock County; Public Water Supply No. 1520243; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Subhash Jain, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 52. Docket No. 2000-1381-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Yec Sin Lee in Harris County; Public Water Supply No. 1012819; 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, Terry Thompson)
Issue agreed order, RM/RH. All agree
Item 53. Docket No. 2001-0075-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of High Plains Children's Home and Family Services in Randall County; Public Water Supply No. 1910012; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris, Terry Thompson)
Issue agreed order, RM/RH. All agree
DISTRICT MATTERS
Item 54. Docket No. 2001-0396-DIS. Consideration of a proposed order approving the petition of Furlong Management, L.L.C., a Texas Limited Liability Company, General Partner for Furlong Associates, LTD., a Texas Limited Partnership, a Landowner, for Dissolution of Harris County Municipal Utility District No. 351 (District). The Petitioner requests the Commission dissolve the District pursuant to Texas Water Code, Sections 49.321 to 49.327. (TNRCC Internal Control No. 04052001-D03; Rob Cummins)
Grant petition and issue order, RM/JB. All agree
Item 55. Docket No. 2001-0023-DIS. Consideration of a proposed order approving the application by Cottonwood Creek Water Control and Improvement District No. 1 for conversion to a Municipal Utility District. For Commission consideration. Applicant requests approval of a conversion from a Water Control and Improvement District a Municipal Utility District with the name changing to Cottonwood Creek Municipal Utility District No. 1. (TNRCC Internal Control No. 11162000-D02)
Adopt order as recommended, RH/RM. All agree
MUNICIPAL SOLID WASTE ADVISORY COUNCIL
Item 56. Docket No. 2001-0809-MIS. Consideration of appointment of five new members to the Municipal Solid Waste Management and Resource Recovery Advisory Council.
Approve staff recommendation, RH/RM. All agree
RULES
Item 57. Docket No. 2001-0814-RUL. Consideration for publication of the following proposed amended sections of 30 TAC Chapter 305, Consolidated Permits and 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste:
Section 305.50 - Additional Requirements for an Application for a Hazardous or Industrial Solid Waste Permit
Section 335.112 - Standards
Section 335.152 - Standards
The proposed amendments would update the commission's hazardous waste rules primarily to address changes to the federal hazardous waste regulations promulgated between December 1994 through September 1999, including certain requirements relating to inspections, air emission controls, and staging piles. The proposed amendments also incorporate administrative and editorial amendments to correct errors and inconsistencies and to improve readability. (Ray Austin/Marilyn Querejazu/Lara Nehman) (Rule Log No. 2000-044A-335-WS)
Approve publication, RH/RM. All agree
Item 58. Docket No. 2001-0275-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 111, Control of Air Pollution from Visible Emissions and Particulate Matter. 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 25, 2001 issue of the Texas Register (26 TexReg 3833). (Debra Barber) (Rule Log No. 1999-063-111-AI)
Approve adoption and readoption of 30 TAC Chapter 111, RH/JB. All agree
Item 59. Docket No. 2001-0433-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the state implementation plan:
Subchapter B, General Volatile Organic Compound Sources
Section 115.142
Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
Sections 115.322, 115.323, 115.325, 115.327, and 115.329
Subchapter E, Solvent-Using Processes
Sections 115.412, 115.413, 115.415 - 115.417, 115.419, 115.423, 115.426, 115.427, 115.432, 115.433, 115.435, 115.436, 115.439, and 115.442
Subchapter F, Miscellaneous Industrial Sources
Sections 115.512, 115.517, and 115.519
The revisions to Chapter 115 clarify and add flexibility to existing requirements, correct errors, update references to terms, delete redundant and obsolete language, and add a minor recordkeeping requirement necessary to determine compliance with an exemption. The proposal was published in the June 8, 2001 issue of the Texas Register (26 TexReg 4026). (Keith Sheedy/Jill Burditt) (Rule Log No. 2001-005-115-AI)
Adopt amended section of 30 TAC Chapter 115, JB/RM. All agree
Item 60. Docket No. 2000-1066-RUL. Consideration for adoption of the following amendment to the notice requirements in 30 TAC Chapter 39, Public Notice, Section 39.551, Application for Wastewater Discharge Permit, Including Application for the Disposal of Sewage Sludge or Water Treatment Sludge.
This adoption would amend Chapter 39 notice requirements for applicants seeking to discharge storm water and certain non-storm water from municipal separate storm sewer systems (MS4s) under an individual Texas Pollutant Discharge Elimination System (TPDES) permit. The proposed rule was published in the June 8, 2001 issue of the Texas Register (26 TexReg 4022). (Steve Ligon/Debi Dyer) (Rule Log No. 2000-040-039-AD)
Adopt 30 TAC Chapter 39, JB/RH. All agree
Item 61. Docket No. 2001-0263-RUL. Consideration for adoption of the following amendment of sections and the repeal of a subchapter in 30 TAC Chapter 336, Radioactive Substance Rules: The amendments to Subchapter A, General Provisions, Section 336.2; Subchapter D, Standards for Protection Against Radiation, Sections 336.305, 336.307, 336.310, 336.312, 336.315, 336.316, 336.319 - 336.322, 336.335, 336.341, 336.346, 336.358, and 336.359; and Subchapter G, Decommissioning Standards, Section 336.611. The repeal of Subchapter I, Financial Assurance, Sections 336.801 - 336.807.
These adopted amendments will conform Chapter 336 to United States Nuclear Regulatory Commission (NRC) rules on radiation protection standards. The NRC has made minor rule changes mainly involving respiratory protection equipment updates, and the amendments track those NRC rule revisions using essentially identical language. Subchapter I is proposed for repeal because its requirements were incorporated into 30 TAC Chapter 37, Subchapters S and T, in an earlier rulemaking. The proposed rules and repeal were published in the June 8, 2001 issue of the Texas Register (26 TexReg 4052). (Hygie Reynolds/Don Redmond/Auburn Mitchell) (Rule Log No. 2001-003-336-WS)
Adopt amendment to 30 TAC Chapter 336, RM/RH. All agree
EXECUTIVE SESSION
Item 62. 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.
Item 63. 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.
Item 64. 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.
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, August 8, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 65. Docket No. 2001-0658-MWD. Consideration of the permit application for Permit No. 14165-001, submitted by The Railyard Joint Venture for a new permit to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day in the final phase. The wastewater treatment facility will serve a residential development project. The facility will be located approximately 8,500 feet northwest of State Highway 21 crossing of Brushy Creek in Hays County, Texas. The Commission will also consider requests for hearing or requests for reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Kent H. Trede/Guy Henry)
Deny hearing requests and adopt Executive Directors responses to public comments, JB/RH. All agree


SECOND ADDENDUM TO AGENDA

Wednesday, August 8, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 66. 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 in Permit Hearings
New Section 80.118 - Administrative Record
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 80.257 - Pleadings Following Proposal for Decision
Amended Section 80.261 - Scheduling Commission Meeting
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)
Approve publication and hearing on 30 TAC Chapter 80, RH/RM. All agree


AGENDA

Wednesday, August 8, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-0101-MSW-E; SOAH Docket No. 582-01-2067. Consideration of the Administrative Law Judge's proposal for decision and order in the matter of an enforcement action against William Ince dba Ince Trash Service for alleged violations that the respondent owns and/or operates an unauthorized municipal solid waste disposal site located at 1422 Cuba Road, Bridgeport, Wise County, Texas.
Grant Administrative Law Judge's Proposal for Decision and Order, RH/JB. All agree
Item 2. TNRCC Docket No. 1999-0767-MWD; SOAH Docket No. 582-99-1863. Consideration of the Administrative Law Judge's Proposal for Decision concerning the application of J.H. Uptmore for TPDES Permit No. 14037-001 to authorize the discharge of 90,000 gallons per day via irrigation of 35 acres of land. The wastewater treatment facilities and disposal area are located off of a county road known as Marion Road in Guadalupe County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Order with changes as recommended by Commissioners, RM/JB. All agree