AGENDA

Wednesday, October 24, 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


HUSTON
MARQUEZ

AGENDA

Wednesday, October 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

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.
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.
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)
Adopt amendments as recommended by staff, RM/RH. All Agree
EXECUTIVE SESSION
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.
No Action Taken
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.
No Action Taken
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.
No Action Taken
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OLD BUSINESS AGENDA

Wednesday, October 24, 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 and September 26, 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.
Approve Proposal for Decision, including changes recommended by Judge regarding transcript costs and approve the application for that property which is South and East of Farm-to-Market Road 148, and that we remand remainder back to State Office of Administrative Hearings to take steps the Judge deems appropriate with respect to noticing effective parties and then proceeding with taking any appropriate testimony, RH/RM. All Agree
Item carried forward from agenda of October 10, 2001.
Item 2. TNRCC Docket No. 1999-1238-PST-E; SOAH Docket No. 582-01-2644. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding Micor Energy L.L.C. for alleged violations that the respondent failed to test a line leak detector at least once per year for performance and operational reliability; install a secure anchor upon the emergency shut off valve of each dispenser in each pressurized delivery to product line; and amend its registration within 30 days of facility changes or additions. Respondent owns and operates a petroleum storage tank retail facility located at 410 Dowdy Ferry Road, Hutchins, Dallas County, Texas.
Adopt Proposal for Decision and Order with changes, RM/RH. All Agree
Item carried forward from agenda of October 10, 2001.
Item 3. TNRCC Docket No. 2000-0872-PWS-E; SOAH Docket No. 582-01-2455. Consideration of the Administrative Law Judge's Proposal for Decision and Order regarding Rita Henderson dba The Winds Restaurant, for alleged violations that the respondent failed to collect and submit bacteriological samples and failed to provide public notice of a sampling deficiency; exceeded the maximum contaminant level (MCL) for total coliform bacteria; failed to provide public notice; and failed to collect and submit the appropriate number of repeat bacteriological samples following a coliform-positive sample result. Respondent owns and operates a public water system one mile northwest of the intersection of Park Road 36 and Farm-to-Market Road 2353 in Palo Pinto County, Texas.
Adopt Proposal for Decision and Order with corrections RH/RM. All Agree


AGENDA

Wednesday, October 24, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 1. TNRCC Docket No. 2000-0532-WTR-E; SOAH Docket No. 582-01-2749. Consideration of the Administrative Law Judge's Proposal for Decision and Order concerning an enforcement action against Jose Mendoza, Waterworks Operator, for alleged failure to use reasonable care, judgement, or application of his knowledge in the performance of his duties for the City of Roma Water Treatment Plant located at 102 Lincoln Street in Roma, Starr County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and Issue order with corrections, RH/RM. All Agree