AGENDA

Wednesday, September 26, 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, September 26, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from agenda of September 12, 2001.
Item 1. Docket No. 2001-0688-MLM-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on July 17, 2001 by the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) pursuant to Tex. Water Code 5.501, 13.041, and 13.139. The Emergency Order requires Henry Harris dba Plaza Water Utility, in Bell County to begin and complete repairs on the Utility's wastewater collection system to prevent the discharge of sewage into or adjacent to the waters in the state; to remediate the adjacent residential area contaminated by the wastewater discharge; to dispose of sludge in accordance with all applicable rules of the TNRCC; and to maintain and submit to the TNRCC, written records of the amount of sludge removed, the technique used and the ultimate disposal site. (Gitanjali Yadav)
Modify Emergency Order as Recommended by Staff, RM/RH. All Agree


HUSTON
MARQUEZ

AGENDA

Wednesday, September 26, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUEST MATTERS
Item 1. Docket No. 2001-0950-AIR. Consideration of application by BP Amoco Chemical Company for renewal of Air Permit No. 8978 to authorize continued operation of the No. 2 Styrene Unit. The facility is located in Texas City, Galveston County, 2800 FM 519 East. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (John Barrientez/Kerri Rowland)
Deny hearing request and issue renewal of Air Permit and adopt Executive Director's Response to Comments, RM/RH. All Agree
Item 2. Docket No. 2001-0947-IWD. Consideration of permit application # 04234, submitted by Clemsa Lumber Company for a new permit, proposed Permit No. 04234, to authorize the discharge of boiler blowdown, kiln condensate, wet decking water, and storm water runoff on an intermittent and flow variable basis via Outfall 001. The facility is located one mile south of the intersection of U.S. Highway 69 and State Highway 7 on U.S. Highway 69 in the City of Pollock, Angelina County, Texas. The effluent from Outfall 001 discharges to an unnamed tributary of Bodan Creek, thence to Bodan Creek, thence to the Neches River below Lake Palestine in Segment No. 0604 of the Neches River Basin. The Commission will also consider a hearing request, related responses and replies, public comment and the Executive Director's Response to Comments. (Nicole Cuthbertson/Anthony Tatu)
Continued to October 10, 2001
Item 3. Docket No. 2001-0900-MWD. Consideration of permit application # 10207-002, submitted by City Of Littlefield for a permit major amendment (proposed TNRCC Permit No. 10207-002), which authorizes the discharge of treated domestic wastewater with a daily average flow not to exceed 1,500,000 gallons per day via irrigation of 476 acres of non-public access agricultural land. The wastewater treatment facility serves the City of Littlefield. The wastewater treatment facility is located on the north side of Farm-to-Market Road 54 and approximately 1.4 miles east-northeast of the intersection of U.S. Highway 385 and Farm-to-Market Road 54 in Lamb County, Texas. The disposal site is located south of County Road 272 and approximately 1.5 miles east of the intersection of U.S. Highway 385 and County Road 272, approximately 2.6 miles southeast of the intersection of U.S. Highway 385 and Farm-to-Market Road 2197 in Lamb County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Michael W. Hughes/Julian D. Centeno, Jr.)
Grant hearing request to petitioners as individual requesters, and Charlotte Morris and Jack & Pearl Peel and remand to ADR for 4 to 6 weeks and if mediation fails forward to SOAH on issues as stated by commissioners and duration of the hearing 3 months from preliminary hearing to PFD issuance, RM/RH. All Agree
Item 4. Docket No. 2001-0948-MWD. Consideration of permit application # 13526-001, submitted by Kings Manor Municipal Utility District for a major amendment to TPDES Permit No. 13526-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 200,000 gallons per day to a daily average flow not to exceed 400,000 gallons per day. The facility is located 0.6 mile northeast of the intersection of State Highway Loop 494 and Kingwood Drive in Harris County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments (Kathy Brown/ Zdenek Matl).
Grant hearing request of Jim & Diane Gurule and remand to ADR for 4 to 6 weeks and if mediation fails forward to SOAH on issues as stated by commissioners and duration of the hearing 4 months from preliminary hearing to PFD issuance, RH/RM.
AIR QUALITY ENFORCEMENT DEFAULT ORDER
Item 5. Docket No. 2000-0095-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Frank Castillo dba Galvanized International in Cameron County; Air Account CD-0355-C; 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. (Dan Joyner)
Issue default order, RH/RM. All Agree
AIR QUALITY ENFORCEMENT AGREED ORDER
Item 6. Docket No. 2000-1273-AIR-E. Consideration of an Agreed Order assessing administrative penalties against W. Silver, Incorporated in El Paso County; Air Account No. EE-0091-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. (Tom Jecha, Mac Vilas)
Issue agreed order, RM/RH. All Agree
INDUSTRIAL HAZARDOUS WASTE AMENDED AGREED ORDER
Item 7. Docket Nos. 1997-0151-IHW-E, 1998-0579-IHW-E. Consideration of an Amended Agreed Order requiring certain actions of Citgo Refining and Chemicals Co., L.P. in Nueces County; TNRCC ID Nos. SWR 30532 & 32501, Permit HW-50160, Account NE0027V; for industrial and hazardous waste and air violations pursuant to chs. 361 and 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. (David Speaker)
Approve amended agreed order, RM/RH. All Agree
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 8. Docket No. 2000-1030-IWD-E. Consideration of an Agreed Order assessing administrative penalties against Participation Development Corp. (Texas) Inc. in Henderson County; TPDES Permit No. 11506-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Sherry Smith)
Issue agreed order, RH/RM. All Agree
IRRIGATOR INSTALLER ENFORCEMENT DEFAULT ORDER
Item 9. Docket No. 2000-0234-LII-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Timothy Poole in Wood County; for landscape irrigator installer violations pursuant to chs. 7 and 34 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue default order, RM/RH. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 10. Docket No. 1999-1482-MSW-E. Consideration of an Agreed Order assessing administrative penalties against Brazosport Equipment & Rental, Inc. in Brazoria County; TNRCC ID No. 455120017; for a municipal solid waste violation pursuant to the Tex. Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Remanded to Executive Director
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDER
Item 11. Docket No. 1999-1430-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Barbara Shane dba Village Trace Water Supply in Brazoria County; Water Quality Permit No. 12822-001, NPDES Permit No. TX00094226; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue agreed order, RM/RH. All Agree
ON SITE SEWAGE FACILITY INSTALLER ENFORCEMENT DEFAULT ORDER
Item 12. Docket No. 1999-0688-OSI-E. Consideration of a Default Order assessing administrative penalties against Gary Cameron in Tyler County; TNRCC ID No. 4895 and OSSF Permit No. 229-434; 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. (Troy Nelson)
Remanded to Executive Director, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 13. Docket No. 2000-0584-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of KR & KR Investments, Inc. dba Neighborhood Fina in Dallas County; TNRCC ID No. 0047043; for petroleum storage tank violations pursuant to ch. 7 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Issue default order, RM/RH. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 14. Docket No. 2000-1114-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of B & P Fuel, Inc. in Cottle County; Petroleum Storage Tank Facility ID Nos. 17421 & 17422; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (George Ortiz, Merrilee Gerberding)
Issue agreed order, RH/RM. All Agree
Item 15. Docket No. 2001-0207-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sammy's Groceries Inc. dba Walker Food Store in Galveston County; Registration No. 0021258; 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. (Kevin Keyser, Merrilee Gerberding)
Issue agreed order, RH/RM. All Agree
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS
Item 16. Docket No. 2001-0217-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Clyde Clardy dba Bastrop West Water System in Bastrop County; Public Water Supply No. 0110047 and Certificate of Convenience and Necessity No. 12050; 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, Sherry Smith)
Issue agreed order, RH/RM. All Agree
Item 17. Docket No. 2000-1255-PWS-E. Consideration of an Agreed Order assessing administrative penalties against the City of O'Brien in Haskell County; TNRCC ID No. 1040005; for public drinking water violations pursuant to ch. 7 of the Tex. Water Code, ch. 341 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (David Speaker)
Issue agreed order, RH/RM. All Agree
Item 18. Docket No. 2001-0189-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Stanton in Martin County; Public Water Supply ID No. 1590001; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Dan Landenberger, Sherry Smith)
Issue agreed order, RH/RM. All Agree
WASTEWATER OPERATOR CERTIFICATION DEFAULT ORDER
Item 19. Docket No. 1999-1183-WOC-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Trinity Aqua Systems Inc., in Johnson County; TNRCC ID No. 20211; for water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Issue default order, RM/RH. All Agree
MISCELLANEOUS ITEM
Item 20. Docket No. 2001-0917-MIS. Consideration of gifts and donations of $500.00 or more in value given to the TNRCC, submitted for approval in accordance with ch. 575 to the Government Code, concerning acceptance of gifts by state agencies. (Elizabeth West)
Approve staff recommendation, RM/RH. All Agree
RULE MATTERS
Item 21. Docket No. 2001-0605-RUL. Consideration for adoption of new 30 TAC Chapter 7, Section 7.125, Memorandum of Understanding (MOU) among the Office of the Secretary of State, Railroad Commission of Texas, Texas Historical Commission, the Texas General Land Office, Texas Natural Resource Conservation Commission, and Texas Public Utility Commission; and signature of the MOU by the Commissioners. If adopted, the rule would adopt an MOU among the six state agencies regarding the permitting of natural gas pipelines that cross the border between Texas and Mexico. The proposed rule was published in the June 29, 2001 issue of the Texas Register (26 TexReg 4830). (Debra Barber) (Rule Log No. 2001-020-007-AD)
Adopt Memorandum of Understanding, RH/RM. All Agree
Item 22. Docket No. 2001-0599-RUL. Consideration for adoption of the following new and amended sections of 30 TAC Chapter 101, General Air Quality Rules, concerning the emission banking and trading program for the Houston/Galveston ozone non-attainment area and corresponding revisions to the State Implementation Plan (SIP). Amended Sections 101.1, 101.350, 101.352 - 101.354, 101.356, 101.360, 101.370, 101.372, 101.373; and New Section 101.363. If adopted, the amended sections would: 1) state that level of activity for allowance determination applies to facilities and remove the requirement that level of activity relate directly to economic output or emission rate; 2) create a five-year period to establish a baseline for new facilities, preceded by a six-month adjustment period; 3) add options for electric generating facilities to establish a baseline of activity; 4) under extenuating circumstances, allow an additional two years to establish a baseline activity with executive director approval; 5) allow a facility to use a calculated level of activity or that level of activity modeled for the attainment demonstration, whichever is higher; 6) specify that only an owner or operator may certify emission reductions as emission credits; 7) set the order in which methods used to determine actual emissions may be used; 8) allow additional time for requests for deviations from allowance allocation methods and provide for the United States Environmental Protection Agency (EPA) review of decisions granting such deviations; 9) allow an additional 30 days for balancing compliance accounts; 10) establish consistency between the protocols used to allocate and deduct allowances; 11) allow owners or operators receiving allowances to sell allowances permanently; 12) allow discrete emission reduction credits to be issued, banked, and traded in tenths of a ton; 13) remove the requirement that a mobile discreet emission reduction credit be surplus when it is used; 14) disallow temporary shutdowns as sources of credits; 15) require executive director approval prior to use of emission credits; 16) allow the conversion of emission reduction credits (ERCs) to a yearly allocation of allowances if the ERCs were generated prior to December 1, 2000; 17) include duct burners in turbine exhaust ducts as equipment within an electric power exhaust duct; 18) correct obsolete rule citations; and 19) revise the discrete emission reduction credit discount schedule as it relates to the cap and trade program and amend the reduction and compliance schedule for non-utility facilities with NOx emissions limitations. If adopted, the new section would require the executive director to conduct audits of the cap and trade program and make annual reports and other information concerning the program available to the public and EPA. The proposal was published in the June 15, 2001 issue of the Texas Register (26 TexReg 4380). (Matt Baker/Joe Thomas) (Rule Log No. 2001-017-101-AI)
Resposted as Item #33
Item 23. Docket No. 2001-0411-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter H, Low Emission Fuels; Division 2, Low Emission Diesel; and corresponding revisions to the State Implementation Plan.
Amended Section 114.314 - Registration of Diesel Producers and Importers
New Section 114.318 - Alternative Emission Reduction Plan
Amended Section 114.319 - Affected Counties and Compliance Dates
The existing low emission diesel fuel rules in Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The adopted rules limit implementation of the low emission diesel fuel control strategy for on-road fuel and non-road fuel to the four-county Dallas/Fort Worth nonattainment area, the eight-county HGA nonattainment area, the three-county Beaumont/Port Arthur nonattainment area, and the 95-county central and eastern Texas region to be able to demonstrate and maintain attainment with the ozone national ambient air quality standard. The amendments and new section modify the existing May 1, 2002 program compliance dates so that they occur in 2005 and allow for alternative emission reduction plans. The proposal was published in the June 15, 2001 issue of the Texas Register (26 TexReg 4388). (Morris Brown/Alan Henderson) (Rule Log No. 2001-007d-114-AI)
Adopt as recommended, RM/RH. All Agree
Item 24. Docket No. 2001-0410-RUL. Consideration for adoption of amended Section 114.507, Exemptions, of Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter J, Operational Controls for Motor Vehicles; Division 1, Motor Vehicle Idling Limitations; and corresponding revisions to the state implementation plan.
The rules in Division 1 were adopted on December 6, 2000, and are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The adopted amendment would clarify that the operator, not the owner, will be responsible for compliance with these rules in the case of vehicles that are rented or leased to a vehicle operator not employed by the owner. This proposal was published in the June 15, 2001 issue of the Texas Register (26 TexReg 4395). (Scott Carpenter/Alan Henderson) (Rule Log No. 2001-007c-114-AI)
Adopt as recommended, RM/RH. All Agree
Item 25. Docket No. 2001-1018-RUL. Consideration for publication of, and hearing on, the following proposed new 30 TAC Chapter 60, Compliance History:
Section 60.1 - Compliance History
House Bill 2912, 77th Legislature, 2001, Section 4.01, amended Texas Water Code, Chapter 5, Texas Natural Resource Conservation Commission, by adding Subchapter Q, Performance-Based Regulation, which requires the commission to develop a uniform standard for evaluating compliance history. New Chapter 60 would define the applicability and components of compliance history. (Debra Barber) (Rule Log No. 2001-070-060-AD)
Approve publication and hearing, RH/RM. All Agree
Item 26. Docket No. 2001-1020-RUL. Consideration for publication of, and hearing on, the proposed amendment to Section 290.51, Fees for Services to Drinking Water System.
This proposed rulemaking would calculate the fees the commission will charge for services provided to community and nontransient noncommunity water systems using a more simplified and equitable method. (Tony Bennett/Machelle Pharr/Debi Dyer) (Rule Log No. 2001-099-290-WT)
Approve publication and hearing, RH/RM. All Agree
Item 27. Docket No. 2001-0437-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 323, Waste Disposal Approvals. 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 July 27, 2001 issue of the Texas Register (26 TexReg 5667). (Kathy Ramirez) (Rule Log No. 2001-019-323-WT)
Adopt as recommended, RH/RM. All Agree
Item 28. Docket No. 2001-0409-RUL. Consideration for adoption of the following amended sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds; and corresponding revisions to the State Implementation Plan:
Sections 117.10, 117.101, 117.103, 117.106 - 117.110, 117.119, 117.138, 117.203, 117.206, 117.210, 117.213, 117.214, 117.219, 117.471, 117.473, 117.475, 117.478, 117.479, 117.510, 117.520, 117.534, 117.570.
If adopted, these amendments would: 1) decrease the nitrogen oxide (NOx) emission reductions required from electric utilities; 2) amend the schedule for the emission specifications for attainment demonstration for non-utility facilities with NOx emissions; 3) provide for a possible alternative strategy to be implemented that will reduce the maximum amount of NOx emission reductions required from point sources; 4) clarify the utility rules emission inventory baseline; and 5) clarify the calculation of the maximum heat rate for cogeneration units.
The amendments would also: 1) add an emission specification for the attainment demonstration for stationary gas turbines and duct burners at minor sources of NOx in the Houston/Galveston (HGA) ozone nonattainment area; 2) add flexibility to the HGA system cap requirements by allowing trading among owners under the system cap trading program on a daily or 30-day rolling average basis; 3) add flexibility for reciprocating engines fired by landfill gas; and 4) add requirements to achieve the intended emission reductions of the program.
In addition, the amendments would require stationary diesel and dual-fuel engines in the HGA ozone nonattainment area to meet new emission specifications and operating restrictions in order to reduce emissions and ozone air pollution. The amendments would also improve implementation of the existing Chapter 117 by correcting typographical errors, updating cross-references, clarifying ambiguous language, and deleting the exemption for small (ten megawatts or less) electric generating units which are registered under a standard permit. The proposal was published in the June 15, 2001 issue of the Texas Register (26 TexReg 4400). (Eddie Mack) (Rule Log No. 2001-007b-117AI)
Adopt as recommended, RM/RH. All Agree
Item 29. Docket No. 2001-0408-RUL. Consideration for the adoption of revisions to the Attainment Demonstration and Post-1999 Rate-of-Progress Follow-up State Implementation Plan (SIP) for the Houston/Galveston (HGA) ozone nonattainment area. This SIP revision contains transportation conformity budgets, rate-of-progress tables, control strategy revisions (including the removal of the construction equipment operating restriction; the removal of the accelerated purchase requirement for Tier 2/3 heavy duty equipment; the replacement of these rules with the Texas Emission Reduction Plan program; and the reduction of emissions resulting from permitting of facilities which are exempted under Texas Health and Safety Code, 382.0518(g)), and the layout of the mid-course review process. The multi-part mid-course review process includes a thorough evaluation of all modeling, inventory data, and other tools used to develop the attainment demonstration, as well as an ongoing assessment of scientific studies, new technologies, and ideas to incorporate into the plan. (Heather Evans) (Rule Log No. 2001-007-SIP-AI)
Adopt as recommended, RM/RH. All Agree
EXECUTIVE SESSION
Item 30. 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 31. 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 32. 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.


ADDENDUM TO AGENDA

Wednesday, September 26, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 33. Docket No. 2001-0599-RUL. Consideration for adoption of the following new and amended sections of 30 TAC Chapter 101, General Air Quality Rules; Subchapter A, General Rules; and Subchapter H, Emissions Banking and Trading; concerning the emission banking and trading program for the Houston/Galveston ozone non-attainment area and corresponding revisions to the State Implementation Plan (SIP).
Amended:
Section 101.1 - Definitions
Section 101.350 - Definitions
Section 101.352 - General Provisions
Section 101.353 - Allocation of Allowances
Section 101.354 - Allowance Deductions
Section 101.356 - Allowance Banking and Trading
Section 101.360 - Level of Activity Certification
Section 101.370 - Definitions
Section 101.372 - General Provisions
Section 101.373 - Protocols
New:
Section 101.363 - Program Audits and Reports
If adopted, the amended sections would: 1) state that level of activity for allowance determination applies to facilities and remove the requirement that level of activity relate directly to economic output or emission rate; 2) create a five-year period to establish a baseline for new facilities, preceded by an adjustment period; 3) under extenuating circumstances, allow an additional two years, with executive director approval, to establish a baseline activity which reflects normal operation; 4) allow a facility to use a calculated level of activity or that level of activity modeled for the attainment demonstration, whichever is higher; 5) specify that only an owner or operator may certify emission reductions as emission credits; 6) set the order in which methods used to determine actual emissions may be used when required protocol is missing; 7) allow an additional 30 days for balancing compliance accounts; 8) establish consistency between the protocols used to allocate and deduct allowances; 9) allow owners or operators receiving allowances to sell allowances permanently; 10) allow discrete emission reduction credits to be issued, banked, and traded in tenths of a ton; 11) remove the requirement that a mobile discreet emission reduction credit be surplus when it is used; 12) disallow temporary shutdowns as sources of credits; 13) require executive director approval prior to use of emission credits; 14) allow the conversion of emission reduction credits (ERCs) to a yearly allocation of allowances if the ERCs were generated prior to December 1, 2000; 15) include duct burners in turbine exhaust ducts as equipment within an electric power exhaust duct; 16) correct obsolete rule citations; and 17) revise the discrete emission reduction credit discount schedule as it relates to the cap and trade program and amend the reduction and compliance schedule for non-utility facilities with NOx emissions limitations.
If adopted, the new section would require the executive director to conduct audits of the cap and trade program and make annual reports and other information concerning the program available to the public and EPA. The proposal was published in the June 15, 2001 issue of the Texas Register (26 TexReg 4380). (Matt Baker/Joe Thomas) (Rule Log No. 2001-017-101-AI)
Adopt as recommended, RM/RH. All Agree


OLD BUSINESS AGENDA

Wednesday, September 26, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item carried forward from agenda of September 12, 2001.
Item 1. TNRCC Docket No. 2000-0393-UCR; SOAH Docket No. 582-00-1479. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of the City of Crandall to amend its certificate of convenience and necessity (CCN) no. 11295 in Kaufman County to add to the area in which the CCN authorizes Crandall to provide water utility service.
Continued to October 24, 2001
Item carried forward from agenda of September 12, 2001.
Item 2. TNRCC Docket No. 1999-0629-MWD; SOAH Docket No. 582-99-1261. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning the application of Travis County Municipal Utility District No. 4 for Permit No. 13206-001 to authorize the treatment of a daily average flow not to exceed 500,000 gallons per day of domestic wastewater and the disposal of a daily average flow not to exceed 720,000 gallons per day of treated domestic wastewater via irrigation of 298.7 acres of golf course. No discharge of pollutants into water in the State is authorized by the permit. The wastewater treatment facilities and disposal site are located approximately 5.5 miles southeast of the intersection of State Highway 71 and Farm-to-Market Road 2244 and 0.5 mile south of Barton Creek within the drainage area of Barton Creek in Segment No. 1430 of the Colorado River Basin in Travis County, Texas
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, RH/RM. All Agree


AGENDA

Wednesday, September 26, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. SOAH Docket No. 582-01-2649; TNRCC Docket No. 1998-0736-MSW-E. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against The Kirk Company, Bobby Glen Burrows and Margarito Trujillo, Jr., for alleged violations that the respondent owns and/or operates an unauthorized municipal solid waste disposal site located at the intersection of Iowa Road and U.S. Highway 281 in Edinburgh, Hidalgo County, Texas.
Adopt Proposal for Decision and include exceptions on penalty amounts and issue order as corrected, RH/RM. All Agree


ADDENDUM TO AGENDA

Wednesday, September 26, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 2. Docket No. 2001-1120-UCR. Motion to Overturn filed by RCH Water Supply Corporation concerning the ED's granting of the application filed by Blackland Water Supply Corporation to amend CCN No. 11305 in Rockwall County.
Grant Motion for Overturn and remand to Executive Director, RM/RH. All Agree