| Item 1. | Docket No. 98-0257-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. |
| Item 1. | Docket No. 97-1127-RUL. Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 113, Subchapter A, concerning Hazardous Air Pollutants, the undesignated head in Subchapter A, titled Beryllium, and Section 113.21, concerning Beryllium; and the proposed addition of a new Subchapter A and Section 113.1, concerning Definitions. The proposed repeal will improve compliance by controlling beryllium air emissions by individual New Source Review permit instead of by rule. The usual permit reviews for beryllium shall be conducted using appropriate state and federal guidelines. The proposed new Subchapter A will make Chapter 113 more consistent in format with other air regulations. The proposed definition is in anticipation of follow-on rulemaking and state plan revisions in accordance with Section 111(d) of the Federal Clean Air Act. (Alan Henderson) (Rule Log No. 97135-113-AI). |
| Item 1. | Docket No. 98-0102-AIR. KURARAY AMERICA INC. for Air Quality Permit No. 34401 to authorize construction of an SEPTON (elastomer) plant. The location of the proposed facility is 11414 Choate Road in Pasadena, Harris County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Diane Parker/Debra Rankin) |
| Item 2. | Docket No. 97-1163-DIS. CONSIDERATION OF A PROPOSED ORDER GRANTING THE PETITION BY CAROLYN FROST KEENAN, TRUSTEE; Y. FRANK JUNGMAN, TRUSTEE; ROBERT E. BEAMON, TRUSTEE; AND SIDNEY S. MCCLENDON, III, TRUSTEE FOR CREATION OF FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 116. For Commission consideration. The Commission has received a petition from Carolyn Frost Keenan, Trustee; Y. Frank Jungman, Trustee; Robert E. Beamon, Trustee; and Sidney S. McClendon, III, Trustee for the creation of Fort Bend County Municipal Utility District No. 116, which would contain approximately 353.880 acres. (TNRCC Internal Control No. 052397-D01, Sam Jones) |
| Item 3. | Docket No. 98-0101-DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY WILLIAMSON-TRAVIS COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1B FOR APPROVAL OF FIRE PROTECTI0N PLAN. For Commission consideration. Applicant requests approval of a fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 112697-D02, Sam Jones) |
| Item 4. | Docket No. 98-0020-SPF. Consideration of authorizing the Executive Director to execute a contract amendment to Anderson Columbia Environmental, Incorporated's General Construction Contract for Industrial Remediation at the United Creosoting Superfund Site in Conroe, Montgomery County, Texas. (Caroline Sweeney and Alan Etheredge) |
| Item 5. | Docket No. 98-0232-RES. Consideration of a resolution concerning procedures for the procurement of recycled-content products. |
| Item 6. | Docket No. 98-0222-AIR. Consideration of a Petition and Proposed Order regarding Designation of Single Property, pursuant to 30 TAC §101.2(b), concerning Multiple Air Contaminant Sources or Properties, submitted by ISK Biosciences Corporation and ISK Magnetics, Inc., in Harris County, Texas. If granted the petitioners will have their properties designated as a single property for the purpose of demonstrating compliance with TNRCC regulations and the control of air emissions. (Chris Kadas, Victoria Hsu) |
| Item 7. | Docket No. 98-0228-RPT. Consideration of a request for extension of time to file a final report, and to amend a Commission Order dated October 12, 1993 regarding the Upper Guadalupe River Authority's (UGRA) aquifer storage and retrieval project. In its Order granting UGRA's Permit No. 5394 for this project, the Commission required a report to be filed by October 1, 1997, analyzing the subterranean movement and behavior of water injected into the aquifer. UGRA requests an extension of five additional years from the date of October 1, 1997 because UGRA has been unable to fully implement the project due to litigation involving the permit, other authorizations which were necessary, the drought, and changes made by the City of Kerrville. (Robin Smith). |
| Item 8. | Docket No. 98-0133-SIP. Consideration for publication and hearing upon the proposed revision to the Inspection/Maintenance (I/M) State Implementation Plan (SIP) regarding Vehicle Emissions Inspection Requirements. The proposed committal SIP revision will add an "On-Board Diagnostic (OBD) Checks" testing elements to the I/M SIP. (Ray Schubert/Alan Henderson) (Rule Log No. 98004-SIP-AI). |
| Item 9. | Docket No. 97-1039-RUL. Consideration for adoption of revisions to 30 TAC Chapter 115, Subchapter A, Section 115.10, concerning Definitions; and revisions to Subchapter E concerning Solvent-Using Processes-Surface Coating Processes, including new Section 115.420 and revisions to Sections 115.421-115.423, 115.426, 115.427, and 115.429; and revisions to the State Implementation Plan regarding these amendments. If approved, the amendments would add wood furniture coating rules and shipbuilding/ship repair coating rules which are based upon two Control Techniques Guideline guidance documents issued by the United States Environmental Protection Agency. The proposed amendments were published in the December 19, 1997, issue of the Texas Register (22TexReg 12401) (Eddie Mack) (Rule Log No. 97131-115-AI) |
| Item 10. | Docket No. 97-0948-RUL. Consideration for adoption of new 30 TAC Chapter 122, Subchapter F, Section 122.516, concerning Site-wide General Operating Permit. If adopted, the rule would make available an alternative permitting mechanism for sources subject to the Texas Title V Operating Permits Full Program. The proposal was published in the December 5, 1997, issue of the Texas Register (22 TexReg 12168). (Beecher Cameron) (Rule Log No. 97176-122-AI). |
| Item 11. | Docket No. 97-1107-RUL. Consideration for adoption of amendments 30 TAC Chapter 106, Section 106.4, concerning Requirements for Exemption for Permitting; 30 TAC Chapter 116, Section 116.12, concerning Nonattainment Review Definitions, Section 116.150, concerning New Major Source or Major Modification in Ozone Nonattainment Areas, and Section 116.151, concerning New Major Source or Major Modification in Nonattainment Areas Other than Ozone; and revisions to the State Implementation Plan concerning the amendments. If adopted, the changes would restore nonattainment new source review requirements for nitrogen oxides in the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas, and would add nonattainment review provisions in Chapter 116 consistent with federal new source review reform. The proposed rules were published in the December 19, 1997, issue of the Texas Register (22 TexReg 12399). (Dale Beebe-Farrow, Randy Hamilton) (Rule Log No. 97182-116-AI). |
| Item 12. | Docket No. 98-0195-RUL. Consideration of a petition for rulemaking, filed by the City of Austin, Texas, to adopt amendments to 30 TAC Chapter 216, Subchapter A, Section 216.6(b)(3), concerning Water Quality Plan. The petitioner proposes to amend the subsection to delete the words, "runoff from." If granted, the agency would initiate rulemaking proceedings in accordance with the Administrative Procedures Act. (Nina Fantl) (Rule Log No. 97187-216-WT). |
| Item 13. | Docket No. 98-0118-RUL. Consideration for publication of and hearing on proposed new 30 TAC Chapter 333, Subchapter B, Sections 333.31 through 333.43, concerning Innocent Owner/Operator Certification. The proposed new sections would enhance the implementation of HB 2776 concerning the Innocent Owner/Operator Program by establishing definitions for the program, requirements for the Innocent Owner/ Operator Application, and standards for issuing and revoking an Innocent Owner/Operator Certificate (Charles Epperson) (Rule Log No. 97156-333-WS). |
| Item 14. | Docket No. 98-0229-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. |
| Item 15. | Docket No. 98-0230-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. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code. |
| Item 16. | Docket No. 97-1127-RUL. Consideration for publication of and hearing upon the proposed repeal of 30 TAC Chapter 113, Subchapter A, concerning Hazardous Air Pollutants, the division in Subchapter A, titled Beryllium, and §113.21, concerning Beryllium; and the proposed addition of a new Subchapter A and §113.1, concerning Definitions. The proposed repeal will improve compliance by controlling beryllium air emissions by individual New Source Review permit using modeling and impacts analysis instead of by rule. The permit reviews for beryllium shall be conducted using effects screening levels (ESLs). The proposed new Subchapter A will make Chapter 113 more consistent in format with other air regulations. The proposed definition is in anticipation of future rulemaking and state plan revisions in accordance with §111(d) of the Federal Clean Air Act (FCAA). (Alan Henderson) (Rule Log No. 97135-113-AI). |
| Item 17. | Docket No. 98-0258-MIS. Consideration of issues relating to the upcoming meeting of the Environmental Council of the States (ECOS). |
Discussion Only, No Action Required
| Item 1. | Docket No. 96-1395-PST-E. Consideration of the motion for rehearing filed by Billy Ekrut Oil Co. concerning the Commission's entry of a default order against Billy Ekrut dba Ekrut Oil Co. on December 19, 1998 |
| Item 2. | Docket No. 98-0082-COM. Application by Harrington Environmental Services for compost registration No. 42014 authorizing a facility for composting municipal sewer sludge, septage, grease trap waste, paper sludge, brush, wood and yard waste. The proposed facility is located on Farm to Market Road 4 approximately two miles east of the FM 4 and FM 2331 intersection in Johnson County. The Commission will consider a motion for reconsideration filed concerning the Executive Director’s issuance of the compost registration. The motion for reconsideration was filed under 30 TAC 50.39 and 332.35(e). The Chief Clerk mailed the approved registration on January 7, 1998. (Anthony Tatu) |
| Item 3. | TNRCC Docket No. 96-1634-MSW; SOAH Docket No. 582-96-1760. Consideration of the proposed order denying the application of BMFS, Inc. for Permit No. MSW-2249 filed March 9, 1998 by Blackburn & Carter, P.C. and related filings. The application for Permit No. MSW-2249, if granted, would authorize the operation of a Municipal Solid Waste Type IV site in Harris County, Texas. |