|
HEARING REQUESTS |
|
| Item 1. |
Docket No. 2001-0949-IWD. Consideration of permit application 01886, submitted
by City Of Austin Electric Utility for a major amendment to TNRCC Permit No.
01886 to authorize the addition of reverse osmosis reject and rerouting the discharge
of filter backwash to Outfall 001; the discharge of metal cleaning waste on an
intermittent and flow variable basis via Outfall 001; the discharge of reverse osmosis
reject membrane cleaning wastes on an intermittent and flow variable basis at Outfall
002; and the removal of the effluent limitations for total mercury at Outfall 002. The
current permit authorizes the discharge of condenser cooling water and previously
monitored effluents at a daily average flow not to exceed 605,000,000 gallons per day
via Outfall 001; and low volume wastewater at a daily average flow not to exceed
60,000 gallons per day via Outfall 002. Issuance of this Texas Pollutant Discharge
Elimination System (TPDES) permit will replace the existing NPDES Permit No.
TX0000736, issued on January 2, 1998 and TNRCC Permit No. 01886, issued on
September 8, 1995. The applicant operates the Holly Street Steam Electric Station.
The plant site is located at 2401 Holly Street on the north side of Town Lake,
immediately upstream from Longhorn Dam, in the City of Austin, Travis County,
Texas. The Commission will also consider hearing requests, related responses and
replies, public comment and the Executive Director's Response to Comments.
(Kimberly Wilson/Oren Connaway) |
|
| Grant hearing request of Poder and remand to Alternative Dispute Resolution for 4 to 6 weeks and if
mediation fails forward to State Office Administrative Hearings, RH/RM. All Agree |
|
| Item 2. |
Docket No. 2001-1036-MWD. Consideration of permit application # 10526-001,
submitted by the City of Nassau Bay for a permit renewal (proposed TNRCC Permit
No. 10526-001), which authorizes the discharge of treated domestic wastewater with a
daily average flow not to exceed 1,330,000 gallons per day via Outfall 001 to Clear
Creek Tidal and Outfall 002 to Lake Nassau. The wastewater treatment facility serves
the City of Nassau Bay. The wastewater treatment facility is located at 18920 Point
Lookout, approximately one mile south of NASA Road One at the confluence of Clear
Creek and Clear Lake and adjacent to Lake Nassau (Pearsons Lake) and
approximately one mile east of the City of Webster in the City of Nassau Bay 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. (John E. Williams/Melinda Luxemburg) |
|
| Reposted as Item #53 |
|
| Item 3. |
Docket No. 2001-0121-DIS. Consideration of an application by Johnson County
Rural Waster Supply Corporation to convert to a special utility district operating
under Tex. Water Code chs. 49 and 65. The proposed district will include 297.8
square miles of territory located primarily in Johnson County, Texas but also
extending into Ellis, Hill, and Tarrant Counties. The Commission will also
consider hearing requests and related responses and replies. (Internal Control No.
10092000-DO6, Angela Stepherson/Fred Radloff) |
|
| Deny hearing and approve conversion to special utility district, RM/RH. All Agree |
|
|
AIR ENFORCEMENT AGREED ORDERS |
|
| Item 4. |
Docket No. 2001-0086-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Aquila Gas Pipeline Corporation in Fayette
County; Air Account No. FC-0109-C; 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. (Lawrence King, Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 5. |
Docket No. 2000-1061-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of CITGO Refining &
Chemicals Company, L.P. in Nueces County; Air Account No. NE-0123-B; for air
quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila
Smith, Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 6. |
Docket No. 2001-0062-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duke Energy Field Services,
LLC in Jefferson County; TNRCC Air ID Nos. JE-0200-H and JE-0203-B; for air
quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (John
Barry, Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 7. |
Docket No. 2000-0386-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Duke Energy Field Services,
L.P. in Ector, Andrews, Midland, Howard, Upton, Crane, Martin, Loving,
Gaines, Glasscock, Pecos, Ward, Winkler, Moore, Hutchison, Carson, Ochiltree,
Hemphill, Hansford, Lipscomb, Gray, Roberts, Sherman, Rusk, Panola, Wood,
Schleicher, Sutton, Crockett, Reagan, Burleson, Jasper, Jefferson, Fayette, Lee,
Montgomery, Wharton, Karnes, Nueces, Jim Wells, Lavaca, and Bee Counties;
TNRCC Air Account Numbers EB-0197-H, AB-0011-B, ML-0178-N, HT-0092-N,
ML-0127-H, EB-0274-O, UB-0049-H, CY-0015-P, UB-0027-R, EB-0207-G,
MF-0029-A, HT-0064-S, CY-0013-T, EB-0148-U, LM-0011-K, AB-0032-Q,
ML-0075-B, GE-0023-U, UB-0029-N, GA-0097-M, AB-0002-C, ML-0093-W,
GE-0017-P, PE-0167-Q, PE-0025-O, UB-0036-Q, UB-0057-I, WC-0111-F,
WC-0146-J, ML-0074-D, ML-0179-L, ML-0053-L, ML-0008-Q, PE-0051-N,
PE-0193-P, GE-0016-R, WM-0012-S, WC-0031-E, PE-0024-Q, WC-0072-N,
UB-0025-V, MR-0106-S, MR-0049-F, HW-0067-C, CF-0066-N, OA-0052-D,
HL-0072-K, HD-0038-B, MR-0069-W, HD-0044-G, HL-0049-F, LJ-0025-J,
GH-0068-L, HD-0030-R, HD-0031-P, RH-0015-T, SJ-0020-P, SJ-0021-N, LJ-0019-E,
SJ-0022-L, SJ-0023-J, HD-0026-I, HW-0028-M, HW-0020-F, GH-0069-J,
HW-0014-A, MR-0107-Q, MR-0134-N, SJ-0024-H, LJ-0028-D, HL-0007-V,
MR-0108-O, OA-0027-C, SJ-0025-F, RL-0097-V, PB-0002-N, PB-0067-I,
PB-0095-D, RL-0096-A, WO-0007-M, SF-0001-M, SQ-0088-T, CZ-0005-H,
SQ-0006-B, SQ-0013-E, RC-0017-B, SQ-0054-N, CZ-0009-W, BR-0054-C,
BR-0055-A, JC-0067-H, JE-0203-B, JE-0342-J, FC-0049-S, LF-0016-D, FC-0046-B,
LF-0041-E, FC-0042-J, LF-0042-C, FC-0104-M, FC-0102-Q, LF-0019-U, ZF-0039-O,
LF-0024-E, LF-0022-I, FC-0068-O, LF-0038-A, MQ-0002-T, WF-0095-O,
KA-0025-F, NE-0188-T, NE-0354-D, NE-0028-T, NE-0029-R, WC-0065-K,
JG-0017-B, JG-0018-W, LE-0012-W, MR-0029-L, MR-0030-D, BE-0032-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. (Gary
L. McDonald, Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 8. |
Docket No. 2001-0304-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Industrial Apparatus Service, Inc. in Jefferson
County; Air Account No. JE-0124-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. (Susan Kelly, Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 9. |
Docket No. 2000-0812-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Garcia Grain Trading Corporation in Hidalgo
County; Air Account No. HN-0453-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. (Sandra Hernandez Alanis, Michael
Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 10. |
Docket No. 2000-1387-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against EPGT Texas Pipeline, L.P. (formerly PG&E Texas
Pipeline, L.P.) in Kleberg County; Air Account No. KJ-0019-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. (Stacey Young,
Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 11. |
Docket No. 2001-0114-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Sophia Enterprises, L.P. dba HTC Industries, Inc.
in Tom Green County; Air Account No. TG-0053-B; for air quality violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Mark Newman, Michael
Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 12. |
Docket No. 2000-1093-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against 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, Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 13. |
Docket No. 2000-1289-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Wise County Detailing,
Incorporated in Wise County; Air Account No. WN-0203-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. (Suzanne
Walrath, Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
EDWARD AQUIFER ENFORCEMENT AGREED ORDERS |
|
| Item 14. |
Docket No. 2001-0516-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against William D. Kelley Charitable Trust in Williamson
County; Edwards Aquifer Protection Program No. 00010301A; 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, Michael
Limos) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 15. |
Docket No. 2001-0248-EAQ-E. Consideration of an Agreed Order assessing
administrative penalties against WB HP IND, LTD. in Travis County; Edwards
Aquifer File No. 00071401; for water quality violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Michael Meyer, Michael Limos) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 16. |
Docket No. 2000-1073-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Akzo Nobel Polymer
Chemicals LLC. in Harris County; Solid Waste Registration No. 30281; for
industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs.
361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Catherine Sherman, Gilbert Angelle) |
|
| Remanded to Executive Director |
|
|
INDUSTRIAL SOLID WASTE ENFORCEMENT AGREED ORDER |
|
| Item 17. |
Docket No. 2001-0294-ISW-E. Consideration of an Agreed Order assessing
administrative penalties against Lyondell-Citgo Refining LP in Harris County;
Industrial Solid Waste Management Site ID Permit No. HW-50106-000; 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. (Steven Lopez, Gilbert Angelle) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
INDUSTRIAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 18. |
Docket No. 2001-0165-IWD-E. Consideration of an Agreed Order assessing
administrative penalties against Lyondell Chemical Company in Harris County;
NPDES Permit No. TX0069493; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Sushil Modak, Michael Limos) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 19. |
Docket No. 2000-1044-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ohmstede, Inc. in Harris
County; TPDES Permit No. 01318-000; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Sherry Smith, Michael Limos) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
LANDSCAPE IRRIGATOR INSTALLER ENFORCEMENT ORDER |
|
| Item 20. |
Docket No. 1997-0398-LII-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mark Williams dba Blooms
Landscape Gardens in Denton County; TNRCC ID No. None; for landscape
irrigator installer violations pursuant to ch. 34 of the Tex. Water Code, and the rules
of the Texas Natural Resource Conservation Commission. (Joshua Olszewski) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
IRRIGATOR ENFORCEMENT AGREED ORDER |
|
| Item 21. |
Docket No. 2000-0069-IRR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mark Veach dba
Greenlawn in Harris County; expired Installer Certification No. 2676; 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 agreed order, RH/RM. All Agree |
|
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 22. |
Docket No. 2001-0041-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Fortson Contracting,
Incorporated in Navarro County; Air Account No. NB-0150-I; for air quality and
industrial & hazardous waste violations pursuant to Tex. Health & Safety Code chs.
382 and 361, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural
Resource Conservation Commission. (Jorge Ibarra, P.E., Michael Meyer) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 23. |
Docket No. 2001-0445-MSW-E. Consideration of an Agreed Order assessing
administrative penalties against Coal City Cob Company, Inc. in Ellis County;
Used Oil Handler Registration No. A85401; for used oil violations pursuant to Tex.
Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Catina East, Gilbert Angelle) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 24. |
Docket No. 2001-0249-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of David H. Jones dba South
Texas Tire Disposal in Bexar County; Tire Transporter No. 25666; 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. (Malcolm A.
Ferris, Gilbert Angelle) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT ORDERS |
|
| Item 25. |
Docket No. 1999-1034-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain action of Nor Sham, Inc., in Harris
County; TNRCC ID No. 10980-001; for water quality and waste water operation
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 |
|
| Item 26. |
Docket No. 2000-1415-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Beaumont in Jefferson County; Water
Quality Permit 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.
(Susan Kelly, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 27. |
Docket No. 2000-1247-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gores Incorporated dba
Gore Brothers Dairy #2 and #3 in Comanche County; Agricultural Waste Permit
None; for agricultural water violations pursuant to Tex. Water Code chs. 7 and 26 and
the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris,
Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 28. |
Docket No. 2000-1246-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Dekalb in Bowie
County; TPDES Permit No. 10062-002; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Dan Landenberger, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 29. |
Docket No. 2001-0269-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Grand Ranch Treatment Company in Johnson
County; TPDES Permit No. 13846-001; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Gary Shipp, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 30. |
Docket No. 2000-0941-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Hope Center Youth & Family Services in Trinity
County; TPDES Permit 11943-001; for water quality violations pursuant to Tex.
Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Susan Kelly, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDER |
|
| Item 31. |
Docket No. 2001-0151-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Racetrac Petroleum Inc. in
Galveston County; Facility Account No. 0069059; for petroleum storage tank
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.
(Rebecca Johnson, Gilbert Angelle) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS |
|
| Item 32. |
Docket No. 2001-0135-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Bank of America in Harris
County; Public Water Supply No. 1012455; 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, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 33. |
Docket No. 2000-1300-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of New Beginnings, Inc. in
Moore County; Public Water Supply No. 1710022; 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, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 34. |
Docket No. 2001-0333-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gymnastics USA, Inc. in
Harris County; Public Water Supply No. 1012358; 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, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 35. |
Docket No. 2000-1236-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Derby Water Supply Corporation in Frio County;
PWS ID No. 0820016; for drinking water quality violations pursuant to Tex. Health &
Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation
Commission. (Malcolm A. Ferris, Michael Limos) |
|
| Remanded to Executive Director |
|
| Item 36. |
Docket No. 2000-1379-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Highland Bayou Estates
Water Supply Corporation in Galveston County; Public Water Supply No.
0840080 and Certificate of Convenience and Necessity No. 12447; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code
ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Elvia
Maske, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 37. |
Docket No. 2000-1295-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of William D. Smith dba
Sunset Mobile Home Park II in Harris County; Public Water Supply ID No.
1011972; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Shawn A. Hess, Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 38. |
Docket No. 2000-0822-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Frank Duncan and Joe
Hackler dba Alpha Utility Company in Camp County; PWS ID No. 0320014; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves,
Michael Limos) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT DEFAULT ORDER |
|
| Item 39. |
Docket No. 2000-1009-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Gerald Heim dba Heim
Water System in Wood County; TNRCC ID Nos. 2500026 and 12227; 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. (Troy Nelson) |
|
| Issue default order, RH/RM. All Agree |
|
|
SLUDGE ENFORCEMENT AGREED ORDER |
|
| Item 40. |
Docket No. 2001-0157-SLG-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Lee Gardner in Parker
County; Sludge Transporter Registration No. 20689; for sludge transporter violations
pursuant to Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E.,
Michael Limos) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
WATER RIGHT ENFORCEMENT AGREED ORDERS |
| |
| Item 41. |
Docket No. 2001-0140-WR-E. Consideration of an Agreed Order assessing
administrative penalties against EBCO Land Development, LTD. in Montgomery
County; Water Rights Permit No. None; for water rights violations pursuant to Tex.
Water Code ch. 11 and the rules of the Texas Natural Resource Conservation
Commission. (Catherine Albrecht, Michael Limos) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 42. |
Docket No. 2001-0159-WR-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Dennis Schkade and Schkade Mines, Inc. in
Jones County; Water Rights Permit No. 12-4169; for water rights violations pursuant
to Tex. Water Code ch. 11 and the rules of the Texas Natural Resource Conservation
Commission. (George Ortiz, Michael Limos) |
|
| Issue agreed order, RH/RM. All Agree |
|
|
WATER OPERATOR CERTIFICATION ENFORCEMENT AGREED ORDER |
|
| Item 43. |
Docket No. 2001-0158-WTR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Baylor Water Supply
Corporation in Baylor County; TNRCC Public Water Supply ID No. 0120004; for
drinking water quality violations pursuant to Tex. Health & Safety Code Ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. |
|
| Issue agreed order, RH/RM. All Agree |
|
|
MISCELLANEOUS |
|
| Item 44. |
Docket No. 2001-1149-MIS. Consideration for issuance of an order identifying
surface water bodies that are considered sole-source surface drinking water supplies
and designating the protection zones for those identified water bodies. Senate Bill
(SB) 2, Article 8, Concentrated Animal Feeding Operations, 77th Legislature,
2001, requires this order not later than the 45th day after the effective date of SB 2.
This order governs the processing of permit applications for certain concentrated
animal feeding operations under Texas Water Code (TWC), Section 26.0286(b), and
shall expire on the date on which the commission adopts final rules to implement
TWC, Section 26.0286(c), as added by SB 2, designating a surface water body as a
sole-source surface drinking water supply and designating protection zones for those
identified water bodies. (Ray Austin/Robert Martinez/Greg Rogers/DarrellWilliams) |
|
| Approve issuance of order, RH/RM. All Agree |
|
|
RULES |
|
| Item 45. |
Docket No. 2001-0281-RUL. Consideration for adoption of the following new,
repealed, and amended sections of 30 TAC Chapter 106, Permits by Rule, and
corresponding revisions to the state implementation plan (SIP): |
|
|
New: |
|
Section 106.8 - Recordkeeping |
|
Section 106.263 - Routine Maintenance, Start-up and Shutdown of Facilities, and
Temporary Maintenance Facilities |
|
|
Repealed: |
|
Section 106.263 - Repairs and Maintenance |
|
|
Amended: |
|
Section 106.181 - Used-Oil Combustion Units |
|
Section 106.355 - Pipeline Metering, Purging, and Maintenance |
|
Section 106.454 - Degreasing Units |
|
|
The new sections will specify recordkeeping requirements for facilities authorized
under permits by rule and limit the amount of emissions from maintenance and
associated activities that may be authorized under permits by rule. The amended
sections will clarify the use of fuel oil in certain small boilers, establish the types of
emissions that may be authorized from pipelines and the types of records required, and
clarify the requirements for remote reservoir degreasers. Chapter 106, Subchapter A,
General Requirements, which includes proposed new Section 106.8, will be submitted
as a revision to the SIP. The proposal was published in the May 4, 2001 issue of the
Texas Register (26 TexReg 3351). (Anne Inman/Jill Burditt) (Rule Log No.
2000-051-106-AI) |
|
| Approve adoption, RM/RH. All Agree |
|
| Item 46. |
Docket No. 2001-1128-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; and corresponding revisions to the state implementation plan
(SIP): |
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Section 114.600 - Definitions |
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Section 114.601 - Applicability |
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Section 114.602 - Adoption and Incorporation by Reference of California Rules
Regarding Exhaust Emission Standards |
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Section 114.606 - Recordkeeping Requirements |
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Section 114.607 - Exemptions and Technology Review |
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Section 114.609 - Affected Counties and Compliance Schedules |
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|
These new sections in Chapter 114 are being proposed in new Subchapter K, On-Road
Engines; new Division 1, Heavy-Duty Diesel Engines, and would incorporate by
reference the California not-to-exceed (NTE) heavy-duty diesel engine emission
standards and corresponding test procedures to apply NTE standards to all heavy-duty
diesel vehicles sold in Texas beginning with model year 2005. These proposed
sections comprise one element of the control strategy for the Houston/Galveston
Attainment Demonstration/Post-1996 Rate of Progress Follow-up SIP. (Bruce
Uphaus/Alan Henderson) (Rule Log No. 2001-007a-114-AI) |
|
| Approve publication and hearing, RH/RM. All Agree |
|
| Item 47. |
Docket No. 2001-1041-RUL. Consideration for adoption of the following amended
sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New
Construction or Modification, and corresponding revisions to the Texas state
implementation plan. |
|
|
Section 116.12 - Nonattainment Review Definitions |
|
Section 116.160 - Prevention of Significant Deterioration Requirements |
|
Section 116.162 - Evaluation of Air Quality Impacts |
|
|
The amendments to Chapter 116 will revise definitions concerning the inclusion of
marine vessel emissions in applicability determinations for prevention of significant
deterioration and nonattainment permits, and update references to federal rules in the
chapter. The proposed rules were published in the June 22, 2001 issue of the Texas
Register (26 TexReg 4591). (Joseph Thomas) (Rule Log No. 2001-002-116-AI) |
|
| Approve adoption, RM/RH. All Agree |
| |
| Item 48. |
Docket No. 2001-1021-RUL. Consideration for publication of, and hearing on,
proposed new Subchapter F, East Texas Groundwater Management Area, Sections
294.60 - 294.63. |
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|
This proposed rulemaking would designate a new groundwater management area in
East Texas that is coterminous with and includes all territory within Anderson,
Angelina, Bowie, Camp, Cass, Cherokee, Franklin, Gregg, Harrison, Henderson,
Hopkins, Houston, Marion, Morris, Nacogdoches, Panola, Rains, Rusk, Sabine, San
Augustine, Shelby, Smith, Titus, Trinity, Upshur, Van Zandt, and Wood Counties.
(Kelly Mills/Debi Dyer) (Rule Log No. 2001-012-294-WT) |
|
| Approve publication and hearing, RH/RM. All Agree |
|
| Item 49. |
Docket No. 2001-1084-RUL. Consideration for the publication of a notice of
intention to review and proposed repeal of 30 TAC Chapter 216, Water Quality
Performance Standards for Urban Development, Subchapter A, concerning Water
Quality Protection Zones, which includes Sections 216.1 - 216.11, and rescinding a
commission order in Docket Nos. 98-0063-RUL, et. al (concerning Petitions for
Rulemaking of the City of Austin relating to Chapter 216, Subchapter A). |
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|
The rules 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 requires state agencies to review and consider for readoption each of
their rules every four years. A preliminary review of the rules in Chapter 216,
Subchapter A indicates in accordance with a decision of the Texas Supreme Court
and a subsequent opinion of the Texas Attorney General that Texas Water Code,
Section 26.179 on which this subchapter is based, is invalid and, therefore, the repeal
of Subchapter A and rescission of the February 13, 1998 order are proposed. (Auburn
Mitchell/Anthony Tatu/Pat Hooper) (Rule Log No. 2000-038-216-WT) |
|
| Posted as Item #54 |
|
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EXECUTIVE SESSION |
|
| Item 50. |
Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED
MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR
CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE
APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as
permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as
Chapter 551 of the Government Code. No final action, decision or vote with regard to
any legal or personnel matter considered in the closed meeting shall be made in the
absence of further notice issued in accordance with Chapter 551 of the Government
Code. |
|
| No Action Taken |
|
| Item 51. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED
SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE
OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT
CODE. The Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
|
| No Action Taken |
|
| Item 52. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the Commission's Executive Director, as permitted by Section 551.074
of the Texas Open Meetings Act, Chapter 551 of the Government Code. The
Commission may also meet in open session to take action on this matter as required by
Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government
Code. |
|
| No Action Taken |
|
|
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. |