| |
AIR QUALITY ENFORCEMENT AGREED ORDERS |
|
| Item 1. |
Docket No. 2001-0061-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of ABC-NACO INC. in Ft.
Bend County; Air Account No. FG-0044-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. (Faye Liu, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 2. |
Docket No. 2000-0814-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Alcoa World Alumina
Atlantic, LLC in Calhoun County; TNRCC Air Account No. CB-0003-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, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 3. |
Docket No. 2001-0038-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ashland, Inc. in Harris
County; TNRCC Air Account No. HG-0046-P and TNRCC Air Permit No. 457; for
air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Thomas Greimel, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 4. |
Docket No. 2001-0125-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Mr. Eddie Johnson dba Eddie's Paint & Body
Shop in Angelina County; TNRCC Air Account No. AC-0093-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. (John Barry,
Miriam Hall) |
| Issue agreed order, RM/RH. All Agree |
| |
| Item 5. |
Docket No. 2001-0139-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Chevron U.S.A., Inc. in El
Paso County; Air Account No. EE-0082-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. (Bethany Carl, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item
6. |
|
Docket No. 2000-1040-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against CMS Taurus Field Services, L.P. in Fisher County;
Air Account No. FD-0003-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. (George Ortiz, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
|
| Item 7. |
Docket No. 2001-0241-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Equistar Chemicals, L.P. in Jefferson County; Air
Account No. JE-0011-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. (Laura Clark, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 8. |
Docket No. 2001-0090-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against K & K Construction, Inc. in Montgomery County;
Air Account No. MQ-0591-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. (Trina Kaye Lewison, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 9. |
Docket No. 2001-0290-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Pinnacle Gas Treating, Inc. in Anderson County;
TNRCC Air Account No. AA-0096-B and TNRCC Permit Nos. 33486 and
PSD-TX-872; 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. (Elnora Moses, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 10. |
Docket No. 2000-1446-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Lasco Bathware, Inc. in Dallas County; Air
Account No. DB-0976-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. (Wendy Cooper, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 11. |
Docket No. 2001-0098-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Union Pacific Railroad in
Jefferson County; Air Account No. JE-0251-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. (John Barry, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 12. |
Docket No. 2001-0341-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against J. Cleo Thompson Company in Crockett County;
Air Account No. CZ-0035-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. (Mark Newman, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 13. |
Docket No. 2001-0202-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Southwest Grain Company
in Starr County; TNRCC Air Account No. SM-0016-T; 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. (Jaime Garza, Miriam
Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 14. |
Docket No. 2001-0393-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Jose Arturo Valdez dba Scorpion Auto & Truck
Sales in El Paso County; Air Account No. EE-2305-E; 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, Miriam
Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 15. |
Docket No. 2001-0113-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rainbow Collision Centers,
Inc. dba Rainbow Auto Painting and Collision in Dallas County; TNRCC Air
Account No. DB-5201-A; 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. (Catina East, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 16. |
Docket No. 2001-0306-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Quintana Petroleum Corporation in Refugio
County; TNRCC Air Account Number RG-0044-A; 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. (Audra Baumgartner, Miriam
Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 17. |
Docket No. 2001-0032-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Hondo Chemical Inc. in Gaines and Hockley
Counties; TNRCC Air Account Nos. GA-0338-N and HP-0549-F; 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. (Dan
Landenberger, Miriam Hall) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 18. |
Docket No. 2001-0307-IHW-E. Consideration of an Agreed Order assessing
administrative penalties against Tige' Boat Inc. in Taylor County; Solid Waste
Registration ID No. 85770 and Environmental Protection Agency ID No.
TXR000028811; 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. (George Ortiz, Gloria Stanford) |
| |
| Issue agreed order, RH/RM. All Agree |
|
| |
IRRIGATOR ENFORCEMENT AGREED ORDER |
|
| Item 19. |
Docket No. 2001-0256-IRR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of William Bedoza in Harris
County; No TNRCC License; for irrigator violations pursuant to Tex. Water Code
chs. 7 and 34 and the rules of the Texas Natural Resource Conservation Commission.
(Sherry Smith, Kent Heath) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 20. |
Docket No. 2001-0370-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of San Miguel Electric
Cooperative, Inc. in Atascosa County; Air Account No. AG-0007-G; Air Permit No.
4180A; PWS ID No. 0070028; 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. (Malcolm A.
Ferris, Miriam Hall) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 21. |
Docket No. 2001-0014-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Air & Sea Environmental,
Inc. dba AmeriTech Environmental in Harris County; Medical Waste Transporter
No. 50067; 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. (Catherine Sherman, Gloria Stanford) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 22. |
Docket No. 2001-0102-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Roy Martini dba Roy
Martini Special Services in Nueces County; Unauthorized Site No. 45514010; 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. (Carol McGrath, Gloria Stanford) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 23. |
Docket No. 2000-1209-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Ellinger Sewer and Water Supply Corporation in
Fayette County; TPDES Permit No. 10945-001; 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, Kent Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 24. |
Docket No. 2000-0348-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Tomball in
Harris County; WQ/TPDES Permit No. 10616-001; 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, Kent Heath) |
|
| Issue agreed order, RH/RM. All agree |
|
|
ON SITE SEWAGE INSTALLERS ENFORCEMENT AGREED ORDER |
|
| Item 25. |
Docket No. 2001-0053-OSI-E. Consideration of an Agreed Order assessing
administrative penalties against Ray Hill dba Hill's Can-Do in Van Zandt County;
On-Site Sewage Installer No. 3847; 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. (Erika Fair, Kent Heath) |
|
| Issue agreed order, RM/RH. All Agree |
|
|
ON SITE SEWAGE INSTALLERS ENFORCEMENT DEFAULT ORDER |
| |
| Item 26. |
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. (Laurencia Fasoyiro) |
|
| Issue default order, RH/RM. All Agree |
| |
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 27. |
Docket No. 2001-0181-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Corpus Christi Housing
Authority in Nueces County; PST Facility ID No. 65115; for petroleum storage tank
violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas
Natural Resource Conservation Commission. (Audra Baumgartner, Gloria Stanford) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| Item 28. |
Docket No. 2000-1356-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Island Business, Inc. in
Galveston County; PST Registration No. 0033839; 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. (Thomas E.
Jecha, Gloria Stanford) |
|
| Issue agreed order, RM/RH. All Agree |
| |
| |
PUBLIC WATER SYSTEM ENFORCEMENT AGREED ORDERS |
|
| Item 29. |
Docket No. 2001-0164-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Robert D. Deaton dba Oak
Hill Development West in Parker County; TNRCC ID No. 1840114; for public
drinking water violations pursuant to ch. 341 of the Tex. Health & Safety Code and
the rules of the Texas Natural Resource Conservation Commission. (Laurencia
Fasoyiro) |
| |
| Issue agreed order, RH/RM. All Agree |
|
| Item 30. |
Docket No. 2000-1345-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Ray Blair dba Last
Resort Properties in Denton County; Public Water Supply No. 0610208; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper,
Kent Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 31. |
Docket No. 2000-1169-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Marshall in
Harrison County; Public Water Supply ID No. 1020002; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Carolyn V. Lind, Kent Heath) |
|
| Issue agreed order, RH/RM. All agree |
| |
| Item 32. |
Docket No. 2000-1060-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Whiterock Water Supply
Corporation in Limestone County; Public Water Supply ID No. 1470014; for
drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and
the rules of the Texas Natural Resource Conservation Commission. (James A.
Jackson, Kent Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 33. |
Docket No. 2000-1400-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jennifer Jamison dba West
Lea Water Company in Brazoria County; Public Water Supply ID No. 0200066
and CCN No. 11845; 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. (Catherine Albrecht, Kent Heath) |
|
| Remand to Executive Director, RH/RM. All Agree |
|
| Item 34. |
Docket No. 2001-0529-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sutton Hills Estates
Property Owner's Association, Inc. in San Augustine County; Certificate of
Convenience and Necessity No. 12935; Public Water Supply No. 2030014; for
drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of
the Texas Natural Resource Conservation Commission. (Gilbert Angelle, Kent Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 35. |
Docket No. 2001-0187-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of El Tanque Water Supply
Corporation in Starr County; Public Water Supply No. 2140029; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Sandra Hernandez Alanis, Kent
Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 36. |
Docket No. 2001-0279-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Palmer in Ellis
County; Public Water Supply No. 0700007; 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, Kent Heath) |
|
| Issue agreed order, RH/RM. All Agree |
|
| Item 37. |
Docket No. 2001-0524-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Gerard Ortiz dba River
Oaks Subdivision Water System in Burnet County; Public Water Supply No.
0270065 and CCN No. 11172; 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. (Gloria Stanford, Kent Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 38. |
Docket No. 2001-0104-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Roma in Starr
County; Public Water Supply No. 2140007; for water quality and drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code
chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission.
(Jaime Garza, Kent Heath) |
|
| Issue agreed order, RH/RM. All agree |
| |
| Item 39. |
Docket No. 2000-1336-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Navarro Mills Water
Supply Corporation in Navarro County; Public Water Supply No. 1750024 and
CCN No. 10779; 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. (Wendy Cooper, Kent Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| Item 40. |
Docket No. 2001-0618-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Evelyn Freeman Farhood
dba Abraxas Utilities in Parker County; Public Water System No. 1840034 and
CCN No. 11596; for drinking water quality violations pursuant to Tex. Water Code
ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (Kent
Heath) |
|
| Issue agreed order, RH/RM. All Agree |
| |
| |
RULE MATTERS |
|
| Item 41. |
Docket No. 2001-1129-RUL. Consideration for publication of the following
proposed amended sections of 30 TAC Chapter 334, Underground and Aboveground
Storage Tanks: Section 334.2, Definitions; Section 334.3, Exemptions from
Underground Storage Tanks (USTs) and UST Systems; Section 334.5, General
Prohibitions for Underground Storage Tanks (USTs) and UST Systems; Section
334.6, Construction Notification for Underground Storage Tanks; Section 334.8,
Certification for Underground Storage Tanks and UST Systems; Section 334.12,
Other General Provisions; Section 334.45, Technical Standards for New Underground
Storage Tank Systems; Section 334.47, Technical Standards for Existing Underground
Storage Tank Systems; Section 334.50, Release Detection; Section 334.54, Temporary
Removal From Service; Section 334.71, Applicability; Section 334.82, Public
Participation; Section 334.201, Purpose and Applicability; Section 334.301,
Applicability of this Subchapter; Section 334.302, General Conditions and Limitations
Regarding Reimbursement; Section 334.303, When to File Application; Section 334.
310, Requirements for Eligibility; Section 334.313, Review of Application; and
Section 334.322, Subchapter H Definitions. The proposed rule amendments would
address the requirements of House Bill (HB) 2687 and duplicative provisions in
TNRCC Sunset legislation at HB 2912, Article 14 (including provisions in Article
14.10 concerning Local Regulation or Ordinance that were not contained in HB 2687),
77th Legislature, 2001, by proposing amendments to Chapter 334. Limited regulatory
reform which includes correcting typographical errors is also being proposed.
(Michael Bame/Walt Ehresman/Anton Rozsypal) (Rule Log No. 2001-039-334-WS) |
|
| Reposted as Item #52 |
|
| Item 42. |
Docket No. 2001-1019-RUL. Consideration for publication of the following
proposed new section of 30 TAC Chapter 20, Rulemaking: |
|
|
Section 20.4 - Indexing, Cross-Indexing, and Availability of Certain Documents |
|
|
This proposed revision to Chapter 20, Rulemaking, implements Texas Government
Code, Section 2001.004, Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions. This proposed new section would define procedures for
indexing, cross-indexing, and availability of rules; written statements of policy or
interpretations prepared, adopted, or used by the agency in discharging its functions;
orders; decisions; and opinions. (John Williams/Debra Barber) (Rule Log No.
2000-058-020-AD) |
|
| Approve publication, RM/RH. All Agree |
| |
| Item 43. |
Docket No. 2001-0536-RUL. Consideration for the adoption of the rules review and
readoption of 30 TAC Chapter 321, Control of Certain Activities By Rule. 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 13, 2001 issue of the Texas
Register (26 TexReg 5275). (Michael Bame/Steve Ligon) (Rule Log No.
2000-037-321-WT) |
|
| Approve staff recommendations, RH/RM. All Agree |
| |
| Item 44. |
Docket No. 2001-0740-RUL. Consideration for adoption of the following 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 |
|
|
The adoption will implement House Bill 2912, Section 1.20, 77th Legislature, 2001,
which amends Tex. Water Code, Section 5.228 by including the categories of
contested case hearings concerning permitting matters in which the executive director
can and cannot participate as well as the factors which the executive director must
consider when deciding whether to participate in permitting matters not expressly
specified in the rule. These rules also will prohibit the executive director from
helping an applicant meet its burden of proof unless the applicant fits a category that
will make it eligible for such assistance. Finally, the adoption also includes
corresponding and clarifying changes to the commission's procedural rules to be
consistent with Section 80.108. The proposed rules were published in the August 24,
2001 issue of the Texas Register (26 TexReg 6239). (Kathy Ramirez) (Rule Log No.
2001-027-080-AD) |
|
| Approve adoption with necessary changes to meet Texas Register Requirements, RH/RM. All Agree |
|
| Item 45. |
Docket No. 2001-0853-RUL. Consideration for adoption of amendments to 30 TAC
Chapter 114, Control of Air Pollution from Motor Vehicles, Sections 114.2,
Inspection and Maintenance (I/M) Definitions; 114.50, Vehicle Emissions Inspection
Requirements; 114.51, Equipment Evaluation Procedures for Vehicle Exhaust Gas
Analyzers; and 114.53, Inspection and Maintenance Fees; the repeal of 114.52,
Waivers and Extensions for Inspection Requirements; and new 114.52, Early
Participation Incentive Program; and corresponding revisions to the state
implementation plan. |
|
|
The proposed amendments would revise rules related to the implementation of the
state's motor vehicle emissions I/M program. The commission will consider rule
revisions regarding the testing network design; emissions test fees; incentives to
inspection stations for early participation in the I/M program; equipment
specifications; and portions of House Bill 2134, 77th Legislature, 2001, related to
vehicle waivers and test on resale. This proposal was published in the August 24,
2001 issue of the Texas Register (26 TexReg 6247). (Hazel Barbour/Jill Burditt)
(Rule Log No. 2001-035-114-AI) |
| |
| Adopt amendments with changes as recommended, RH/RM. All Agree |
| |
| Item 46. |
Docket No. 2001-0882-RUL. Consideration for adoption of the following new
section of 30 TAC Chapter 39, Public Notice: Section 39.402, Applicability for Air
Permit Amendments. The new section would implement the provisions of House Bill
2518, enacted by the 77th Texas Legislature, concerning public notice requirements
for applications for amendments to air quality permits and would establish criteria to
govern whether the application for amendment is subject to public notice.
Specifically, the new section would establish emission rates for total emissions
increases from all facilities authorized under the amended permit which would trigger
public notice requirements if exceeded. These are the rates that are significant for
public notice for agricultural facilities, or de minimis for public notice for all other
facilities. The proposal was published in the August 24, 2001 issue of the Texas
Register (26 TexReg 6233). (David Schanbacher/Lisa McClain/Ray Austin) (Rule
Log No. 2001-028A-039-AD) |
|
| Approve adoption with changes, RM/RH. All Agree |
| |
| Item 47. |
Docket No. 2001-0814-RUL. Consideration for adoption of the following 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 adopted amendments 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 amendments also
incorporate administrative and editorial amendments to correct errors and
inconsistencies and to improve readability. The proposal was published in the August
24, 2001 issue of the Texas Register (26 TexReg 6264 and 6270). (Ray
Austin/Marilyn Querejazu/Lara Nehman) (Rule Log No. 2000-044A-335-WS) |
|
| Approve adoptions as recommended by staff, RM/RH. All Agree |
| |
| Item 48. |
Docket No. 2001-0495-RUL. Consideration for adoption of the following amended
sections in 30 TAC Chapter 335, Subchapter A, Industrial Solid Waste and
Municipal Hazardous Waste in General, Sections 335.1, 335.3, 335.4, 335.6, 335.9 -
335.14, 335.17, 335.24, 335.28, 335.29, and 335.31; Subchapter B, Hazardous Waste
Management General Provisions, Sections 335.41 and 335.43 - 335.47; Subchapter C,
Standards Applicable to Generators of Hazardous Waste, Sections 335.61, 335.67,
335.69, 335.76, and 335.78; Subchapter D, Standards Applicable to Transporters of
Hazardous Waste, Sections 335.91, 335.93, and 335.94; Subchapter E, Interim
Standards for Owners and Operators of Hazardous Waste Storage, Processing, or
Disposal Facilities, Sections 335.111, 335.115, 335.117 - 335.119, 335.123, 335.125,
and 335.127; Subchapter F, Permitting Standards for Owners and Operators of
Hazardous Waste Storage, Processing, or Disposal Facilities, Sections 335.155,
335.164, 335.165, 335.167 - 335.169, 335.172, 335.177, 335.178, and 335.181;
Subchapter G, Location Standards for Hazardous Waste Storage, Processing, or
Disposal, Sections 335.201, 335.202, 335.205, and 335.206; Subchapter H, Standards
for the Management of Specific Wastes and Specific Types of Facilities, Division 2,
Hazardous Waste Burned for Energy Recovery, Sections 335.221, 335.222, 335.224,
and 335.225; Division 3, Recyclable Materials Utilized For Precious Metal Recovery,
Section 335.241; and Division 5, Universal Waste Rule, Section 335.262; Subchapter
I, Prohibition of Open Dumps, Sections 335.303 - 335.305 and 335.307; Subchapter J,
Hazardous Waste Generation, Facility and Disposal Fee System, Sections 335.321 -
335.323, 335.325, 335.326, 335.328, and 335.329; Subchapter K, Hazardous
Substance Facilities Assessment and Remediation, Sections 335.341, 335.342, and
335.346; Subchapter N, Household Materials Which Could be Classified as
Hazardous Wastes, Sections 335.401 - 335.403, 335.406, 335.407, 335.409, 335.411,
and 335.412; Subchapter O, Land Disposal Restrictions, Section 335.431; Subchapter
Q, Pollution Prevention: Source Reduction and Waste Minimization, Sections
335.471, 335.473 - 335.478, and 335.480; Subchapter R, Waste Classification,
Sections 335.501 - 335.504, 335.507 - 335.509, 335.511 - 335.514, and 335.521; and
Subchapter S, Risk Reduction Standards, Sections 335.559, 335.563, and 335.569. |
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Also for consideration of adoption of the following amended sections in 30 TAC
Chapter 305, Subchapter A, General Provisions, Section 305.2; Subchapter D,
Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of
Permits, Section 305.69; Subchapter F, Permit Characteristics and Conditions, Section
305.122; Subchapter G, Additional Conditions for Solid Waste Storage, Processing, or
Disposal Permits, Section 305.150; and Subchapter Q, Permits for Boilers and
Industrial Furnaces Burning Hazardous Waste, Section 305.571. Also for
consideration of adoption of new Subchapter I, Hazardous Waste Incinerator Permits,
Section 305.175. |
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The adopted rules update the commission's hazardous waste rules primarily to address
changes to the federal hazardous waste regulations promulgated between November
1996 through December 2000, including land disposal restrictions and regulations
concerning integration of maximum achievable control technology standards. The
rules also incorporate administrative, editorial, and technical amendments to correct
errors and inconsistencies and to improve readability. The proposed rules were
published in the June 22, 2001 issue of the Texas Register (26 TexReg 4602 and
4596). (Ray Austin/Marilyn Querejazu/Lara Nehman) (Rule Log No. 2000-044-335-WS) |
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| Adopt amendments as recommended by staff, RM/RH. All Agree |
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EXECUTIVE SESSION |
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| Item 49. |
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. |
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| No Action Taken |
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| Item 50. |
Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED
SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE
OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT
CODE. The Commission may also meet in open session to take action on this matter
as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the
Government Code. |
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| No Action Taken |
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| Item 51. |
Docket No. 1998-1154-EXE. The Commission will meet in closed session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the Commission's Executive Director, as permitted by Section 551.074
of the Texas Open Meetings Act, Chapter 551 of the Government Code. The
Commission may also meet in open session to take action on this matter as required by
Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government
Code. |
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| No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC
AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH
AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING
IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED
TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT
(512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA,
SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS
WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN
CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE
OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK
DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE.) |
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M.
PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION
COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT
ON YOUR ITEM. |