AGENDA

Wednesday, December 5, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
12100 Park 35 Circle
Bldg E, Room 201S

Item 1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, December 5, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

09:30 A.M.

12100 Park 35 Circle

Bldg E. Room 201S

Item carried forward from Agenda of November 20, 2001.
Item 1. Docket No. 2001-0327-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Chapter 39, Public Notice; and repealed and new sections of Chapter 305, Consolidated Permits:
Amended
Section 39.105 Application for a Class 1 Modification of an Industrial Solid Waste or Hazardous Waste Permit
Amended
Section 39.403 Applicability
New
Section 39.106 Application for Modification of a Municipal Solid Waste Permit or Registration
Repealed
Section 305.70 Municipal Solid Waste Class I Modifications
New
Section 305.70 Municipal Solid Waste Permit and Registration Modifications
If adopted, the revisions to Chapter 305 will provide for an increase in the different types of changes to a permit or registration that can be approved by the executive director through the modification process. Some of these changes will require that the applicant provide mailed notice of the modification application to adjacent landowners and certain agencies in accordance with the public notice requirements under the revisions to Chapter 39, which outline the required content of the notice. The proposed rules were published in the June 8, 2001 issue of the Texas Register (26 TexReg 4019, 26 TexReg 4042). (Hector Mendieta/Jeff Davis/Steve Shepherd) (Rule Log No. 1997-186-305-WS)
Adopt staff recommendations with changes as recommended by Commission, RM/RH. All Agree


AGENDA

Wednesday, December 5, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 A.M.

12100 Park 35 Circle

Room 201S, Bldg. E

HEARING REQUESTS
Item 1. Docket No. 2001-1245-DIS. Consideration of an application by Mustang Water Supply Corporation to convert to a special utility district operating under Tex. Water Code chs. 49 and 65. The proposed district will include 117 square miles of territory located in Denton County. The Commission will also consider hearing requests and related responses and replies. (Internal Control No. 09222000-D01, John Deering/Fred Radloff)
Deny hearing request and approve conversion and appoint board as recommended by staff, RH/RM. All Agree
Item 2. Docket No. 2001-1130-MWD. Consideration of permit application no. 14153-001, submitted by Meadow View Park, Ltd. for a new permit (proposed TPDES Permit No. 14153-001), which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 0.12 million gallons per day (MGD) in the interim phase and 0.24 MGD in the final phase. The proposed facility will serve Meadow View Park residential community. The facility will be located approximately 3 miles west-southwest of the intersection of State Highway 78 and State Highway 465 in Guadalupe County, Texas. The Commission will also consider requests for reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Michael W. Hughes/Kent Trede)
Deny Request for Reconsideration and modify Executive Directors Response to Comments and Issue Permit, RH/RM. All Agree
Item 3. Docket No. 2001-1286-MWD. Consideration of permit application #10641-003, submitted by City of San Angelo for a permit renewal (TNRCC Permit No. 10641-003), which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 16,300,000 gallons per day via evaporation and irrigation of 2,787 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility serves the City of San Angelo. The facility is located on the south side of Farm-to-Market Road 20, approximately 2.5 miles east of the intersection of Farm-to-Market Road 20 and U.S. Highway 183 in Caldwell County, Texas. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Jacquelyn Boutwell/Zdenek Matl)
Remanded to Executive Director
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2001-0507-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Chem-Pruf Door Co., Ltd. in Cameron County; TNRCC Air Account No. CD-0215-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. (Sandra Hernandez Alanis, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 5. Docket No. 2001-0099-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of El Paso in El Paso County; Air Account No. EE-1924-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. (Steven Lopez, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2001-0094-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Kenneth Haddad and Mr. Maynard Haddad dba H&H Car Wash in El Paso County; Air Account No. EE-1091-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. (Merrilee Gerberding, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2001-0456-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Koch Midstream Services Company, LLC in Freestone County; Air Account No. FI-0008-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. (James A. Jackson, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 8. Docket No. 2001-0413-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Panaco, Inc. in Chambers County; Air Account No. CI-0179-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. (Trina K. Grieco, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 9. Docket No. 2001-0002-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Ray Smith dba Southern Protective Coatings in Harris County; Air Account No. HG-4469-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. (Terry Murphy, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 10. Docket No. 2000-1290-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Williams Concrete Products, Incorporated in Dallas County; Air Account No. DB-5174-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. (Suzanne Walrath, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 11. Docket No. 2001-0097-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Young Materials Corp. in Brazos County; Air Account No. 94-5436-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. (Susan Johnson, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 12. Docket No. 2000-1283-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tarrant County Processors, Inc. in Tarrant County; Air Account No. TA-0787-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. (Bill Davis, Sheila Smith)
Issue agreed order, RM/RH. All Agree
Item 13. Docket No. 2000-1292-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of OGRE, Inc. dba The Mur-Tex Company in Randall County; Air Account No. RB-0091-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. (Shawn A. Hess, Sheila Smith)
Issue agreed order, RM/RH. All Agree
AGRICULTURAL ENFORCEMENT AGREED ORDER
Item 14. Docket No. 1999-1490-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Doyle Wood dba Martin Springs Dairy in Hopkins County; TNRCC ID No. WQ 0003274; for confined animal feeding operation water quality violations pursuant to chs. 7 and 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua Olszewski)
Continued to December 19, 2001
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 15. Docket No. 2001-0247-EAQ-E. Consideration of an Agreed Order assessing administrative penalties against Duke and Long Distributing Company, Inc. in Travis and Williamson Counties; Edwards Aquifer Protection Program File Nos. 96011001, 96011002, 96011003, 91121801, 96041701; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 16. Docket No. 2001-0646-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Assa Abloy Door Group, LLC in Cameron County; Solid Waste Registration No. 23703 and EPA ID No. TXD988002606; 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. (Jaime Garza, Steven Lopez)
Issue agreed order, RM/RH. All Agree
MULTI-MEDIA MATTER ENFORCEMENT AGREED ORDER
Item 17. Docket No. 2001-0669-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of T.B. Moran Company in Jim Wells County; Municipal Solid Waste Unauthorized Site No. 45514014 and Air Account No. JG-0073-O; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Carol McGrath, Sheila Smith)
Issue agreed order, RH/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS
Item 18. Docket No. 2001-0778-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bailey Choate in Taylor County; Municipal Solid Waste Unauthorized Site No. 455030068; for municipal solid waste and water quality 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. (Carolyn Easley, Steven Lopez)
Issue agreed order, RH/RM. All Agree
Item 19. Docket No. 2001-0749-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rolando Zamora dba D&D Waste Oil Service in Cameron County; Used Oil Handler Registration No. A85416; for municipal solid waste violations pursuant to Tex. Health & Safety Code ch. 371, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tom Greimel, Steven Lopez)
Issue agreed order, RH/RM. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 2000-1428-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the Town of Van Horn in Culberson County; TPDES Permit No. 10721-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry McMillan, Subhash Jain)
Issue agreed order, RH/RM. All Agree
Item 21. Docket No. 2001-0234-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Douglas Utility Company in Harris County; TPDES Permit No. 11200-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Catherine Albrecht, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 22. Docket No. 2001-0300-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harris County Water Control and Improvement District No. 1 in Harris County; TPDES Permit No. 10104-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
ON SITE SEWAGE FACILITY INSTALLERS DEFAULT ORDER
Item 23. Docket No. 2000-0488-OSI-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions against Haden E. Archer in Liberty and Grimes Counties; OSSF Installer No. OS2959; 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. (Joshua Olszewski)
Issue default order, RH/RM. All Agree
ON SITE SEWAGE FACILITY AUTHORIZATION AGREED ORDER
Item 24. Docket No. 2001-0656-OSS-E. Consideration of an Agreed Order assessing administrative penalties against Bennett Shortes in Knox County; OSSF Installer No. None; for licensing/certification violations pursuant to Tex. Health & Safety Code ch. 366, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Carl Schnitz, Brian Lehmkuhle)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANKS ENFORCEMENT AGREED ORDERS
Item 25. Docket No. 2001-0648-PST-E. Consideration of an Agreed Order assessing administrative penalties against 7-Eleven Inc. in Dallas County; Petroleum Storage Tank Facility ID No. 0009094; for petroleum storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Judy Fox, Steven Lopez)
Issue agreed order, RM/RH. All Agree
Item 26. Docket No. 2001-0533-PST-E. Consideration of an Agreed Order assessing administrative penalties against Winner's Corners Inc. dba Winner's Corner No. 2 in Harris County; Petroleum Storage Tank Facility ID No. 0071296; 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. (Catherine Albrecht, Steven Lopez)
Issue agreed order, RM/RH. All Agree
PUBLIC WATER SYSTEMS ENFORCEMENT AGREED ORDERS
Item 27. Docket No. 2000-1340-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Carroll Water Supply Corporation in Smith County; Public Water Supply ID Nos. 2120007 and 2120103; 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. (Elnora Moses, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 28. Docket No. 2001-0428-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pleasure Point Water Supply Corporation in Angelina County; Certificate of Convenience & Necessity No. 11734 and Public Water Supply No. 0030007; for drinking water quality violations pursuant to Tex. Water Code ch. 13, Tex. Health & Safety Code ch. 341, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 29. Docket No. 2001-0491-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. David A. Fenoglio and Mr. Edward A. Fenoglio dba Perrin Water System and dba Sunset Water System in Jack and Montague County; CCN Nos. 12196 and 11779; 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. (David Van Soest, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 30. Docket No. 2001-0530-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Mr. Rick Frederick dba Walnut Grove Water System in Denton County; Public Water Supply No. None and CCN No. 12201; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 31. Docket No. 2001-0267-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Twin Coves Water Supply Corporation in Denton County; Public Water Supply ID No. 0610077; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 32. Docket No. 2001-0561-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Settlers Water District Inc. in Madison County; Public Water Supply No. 1570019 and CCN No. 12640; for drinking water quality violations pursuant to Tex. Water Code ch. 13 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 33. Docket No. 2001-0751-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Sandy Creek Yacht Club, L.P. dba Sandy Creek Marina in Travis County; Public Water Supply ID No. 2270339; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Shawn Stewart, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 34. Docket No. 2000-1339-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Detroit in Red River County; PWS ID No. 1940003; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Brian Lehmkuhle)
Remanded to Executive Director
Item 35. Docket No. 2001-0106-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Lake Navigation Company in Travis County; Public Water Supply No. 2270060 and CCN No. 12407; 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. (Lawrence King, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
Item 36. Docket No. 2001-0254-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Medina Livestock Sales Co., Ltd. dba Las Aves RV Resort in Bandera County; Public Water Supply ID No. 0100070; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Clausewitz, Brian Lehmkuhle)
Issue agreed order, RM/RH. All Agree
MODIFY, AFFIRM, OR SET ASIDE AN EMERGENCY ORDER
Item 37. Docket No. 2000-1189-PWS-E. Consideration of whether to Modify, Affirm, or Set Aside an Emergency Order issued on October 25, 2001 by the Executive Director of the Texas Natural Resource Conservation Commission pursuant to Tex. Water Code 5.501(c)(1) to address the abandonment of a retail public utility (Utility) by Jim and Charlene Perdue dba Mount Pleasant Village Water System; to ensure continued operation of the Utility; and to provide continuous and adequate service to customers. The Emergency Order appointed John Fultz as temporary manager of the Utility. The certificate of convenience and necessity for the Utility is held by Jim and Charlene Perdue dba Mount Pleasant Village Water System, pursuant to ch. 13 of the Tex. Water Code and the rules of the TNRCC. (Joshua Olszewski)
Affirm Emergency Order, RH/RM. All Agree
RULE MATTERS
Item 38. Docket No. 2001-1020-RUL. Consideration for adoption of the following amendment to fee calculations in 30 TAC Section 290.51, Fees for Services to Drinking Water System.
This adoption would amend the Chapter 290 fees that the commission will charge for services provided to community and nontransient noncommunity water systems using a more simplified and equitable method. The proposed rule was published in the October 12, 2001 issue of the Texas Register (26 TexReg 7981). (Tony Bennett/Chris Hayden/Debi Dyer) (Rule Log No. 2001-099-290-WT)
Approve adoption as recommended by staff, RH/RM. Commissioner White voted no.
Item 39. Docket No. 2001-1043-RUL. Consideration for adoption of the following new and amended sections of 30 TAC Chapter 39, Public Notice; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; and Chapter 80, Contested Case Hearings:
Amended Section 39.420 Transmittal of the Executive Director's Response to Comments and Decision
Amended Section 55.156 Public Comment Processing
Amended Section 55.209 Processing Requests for Reconsideration and Contested Case Hearing
New Section 55.210 Direct Referrals
Amended Section 80.6 Referral to SOAH
Amended Section 80.105 Preliminary Hearings
New Section 80.126 Public Comment in Direct Referrals
The adopted new and amended sections will implement portions of Senate Bill 688, enacted by the 77th Texas Legislature, 2001, concerning direct referrals of certain permit applications to the State Office of Administrative Hearings (SOAH). The adoption will also clarify certain public notice rules regarding the circumstances where there is an opportunity to file requests for hearing and reconsideration in response to the chief clerk's transmittal of the executive director's response to comments. The proposed rules were published in the September 28, 2001 issue of the Texas Register (26 TexReg 7459). (Lydia Gonzalez-Gromatzky/Ray Austin) (Rule Log No. 2001-028b-055-AD)
Adopt rules with changes as recommended by staff, RH/RM. All Agree
Item 40. Docket No. 2001-1408-RUL. Consideration for publication of, and hearing on, proposed new and amended sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, Subchapter A, Definitions; Subchapter H, Voluntary Emission Reduction Permits; and Subchapter I, Electric Generating Facilities; and Chapter 39, Public Notice, Subchapter H, Applicability and General Provisions; and Subchapter K, Public Notice of Air Quality Applications. All sections of Chapter 116, Subchapters H and I; the changes to Chapter 116, Subchapter A; and the changes to Chapter 39 will be submitted as revisions to the state implementation plan.
The proposed revisions to Chapters 116 and 39 establish requirements and procedures for the permitting of grandfathered facilities in accordance with Sections 5.02 - 5.04 of House Bill (HB) 2912, 77th Legislature, 2001, and establish an incentive program for the reduction of emissions of nitrogen oxides from certain grandfathered reciprocating internal combustion engines associated with pipelines as authorized by Section 78 of HB 2914, 77th Legislature, 2001. (Steve Hagle/Jill Burditt) (Rule Log No. 2001-076-116-AI)
Continued to December 19, 2001
Item 41. Docket No. 2001-1430-RUL. Consideration of a petition from Fluoro-Seal received on October 31, 2001, requesting regulation of volatile organic compound emissions from portable fuel containers.
The petition requests rulemaking to require permeation standards and design criteria for the body and spouts of the fuel containers (including single openings and automatic shutoff and self-sealing devices for the dispensing of fuel) and for a sell-through period for fuel containers produced before the effective date of the rules. The requirements are requested for fuel containers distributed or manufactured for use in the state, with certain exemptions. If approved, these requested rules would be written as a new Division 2, Portable Fuel Containers, in Chapter 115 (Control of Air Pollution from Volatile Organic Compounds), Subchapter G (Consumer-Related Sources). (Joseph Thomas) (Rule Log No. 2002-039-PET-AI)
Approve petition with instructions to staff, RM/RH. All Agree
EXECUTIVE SESSION
Item 42. 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 43. 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 44. 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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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.


OLD BUSINESS AGENDA

Wednesday, December 5, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

01:00 P.M.

12100 Park 35 Circle

Bldg E. Room 201S

Item carried forward from Agenda of October 10, 2001.
Item 1. Docket No. 2000-0344-WR. Consideration of the four legal issues raised by the Executive Director with regard to the petitions for a watermaster for the Concho River and its tributaries under Texas Water Code ch. 11. These legal issues concern whether domestic and livestock users on the Concho River and its tributaries are "water right holders" and "senior water right holders." The Concho River and its tributaries cover Irion, Tom Green, Concho, Runnels, Coke, Schleicher, and Sterling Counties.
Remanded to State Office of Administrative Hearings, RH/RM. All Agree
Item carried forward from Agenda of October 10, 2001.
Item 2. Docket No. 2001-0993-WR. Consideration of the four legal issues raised by the Executive Director with regard to the petitions for a watermaster for the San Saba River and its tributaries under Texas Water Code ch. 11. These legal issues concern whether domestic and livestock users on the Concho River and its tributaries are "water right holders" and "senior water right holders." The San Saba River and its tributaries cover Schleicher, Menard, McCulloch, Sutton, Mason, and San Saba Counties.
Remanded to State Office of Administrative Hearings, KW/RM. All Agree


AGENDA

Wednesday, December 5, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 P.M.

12100 Park 35 Circle

Bldg E. Room 201S

Item 1. TNRCC Docket No. 2001-1415-IWD. Consideration of the Motion to Overturn filed by Equistar Chemicals, L.P. (Equistar) concerning the issuance of TPDES Permit No. 02075 to Equistar by the Executive Director on October 12, 2001. Permit No. 02075 authorizes the treatment and disposal of a daily average flow not to exceed 2,000,000 gallons per day of process wastewater, utility wastewater, domestic sewage, and storm water from Outfall 001, and the discharge of an intermittent and variable flow amount of storm water runoff from Outfall 002. Equistar's plant is located at 1501 McKinzie Road, approximately two miles south of the intersection of McKinzie Road and State Highway 407 (Leopard Street) in the City of Corpus Christi, Nueces County.
Grant Motion to Overturn, RM/RH. All Agree