AGENDA

Wednesday, July 10, 2002

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.
Commissioners did not meet in Executive Session
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. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commissioners did not meet in Executive Session
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.
Commissioners did not meet in Executive Session


HUSTON
MARQUEZ
WHITE

AGENDA

Wednesday, July 10, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

HEARING REQUESTS
Item 1. Docket No. 2002-0746-AIR. Consideration of application by Huntsman Petrochemical Corporation for New Air Quality Permit No. 42682 to authorize the construction of a hazardous waste incinerator. The proposed facility is located at 5451 Jefferson Chemical Road in Conroe, Montgomery County, Texas. The Commission will also consider requests for hearing or reconsideration, related responses and replies, public comment, and the Executive Director's Response to Comments. (Norma Rodriguez, Dan Joyner)
Deny hearing request by Charles Fitzgerald on the behalf of Environmentally Concerned Citizens, issue permit as recommended by staff, and adopt Executive Director's Response to Comments, RH/RM. All Agree
Item 2. Docket No. 2002-0666-IWD. Consideration of permit application 04307, submitted by MC Energy Partners, L.P. for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04307, to authorize the discharge of low volume waste (service water, demineralizer regenerate, and boiler blowdown), cooling tower blowdown, and storm water runoff at a daily average dry weather flow not to exceed 290,000 gallons per day via Outfall 001. The applicant proposes to operate a combined cycle electric power generating facility. The plant site is located on the northeast corner of the intersection of Farm-to-Market Road 1486 and Jackson Road, approximately three (3) miles south of the City of Dobbin, Montgomery County, Texas. The Commission will also consider hearing requests, related responses and replies, public comments, and the Executive Director's Response to Comments. (Kimberly Wilson, Snehal Patel)
Grant hearing request of Becky McGrady and refer to SOAH the issue of whether the proposed discharge of effluent in accordance with the parameters in the permit, including temperature, will adversely affect water quality, thus potentially impacting the requester's livestock and wildlife; duration to be four months. RM/RH. All Agree
Item 3. Docket No. 2002-0755-MWD. Consideration of permit application no. 14303-001, submitted by Lower Colorado River Authority for a new permit to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility will be located approximately 1000 feet east of Pope Bend Road and approximately 3 miles northeast of the intersection of State Highway 71 and Pope Bend Road in Bastrop County, Texas. The proposed wastewater treatment facility will serve a resort and residential community. The commission will also consider hearing requests, related responses and replies, public comment, and the Executive Director's Response to Comments. (Kent Trede, Jason Haas)
Remand to Executive Director
AGRICULTURAL ENFORCEMENT AGREED ORDERS
Item 4. Docket No. 2001-0830-AGR-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of David Davis, Debbie Davis, Tammy Graham, and David Smelley dba Agnes Dairy, Water Quality Permit No. 03071 in Parker County; 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. (Rebecca Nash Petty)
Issue agreed order, RM/RH. All Agree
Item 5. Docket No. 2001-1016-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Frank Brand dba Frank Brand Dairy in Comanche County; Water Quality Permit No. 03148; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Laurie Eaves, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 6. Docket No. 2001-1109-AGR-E. Consideration of an Agreed Order assessing administrative penalties against John Leyendekker dba John Leyendekker Dairy in Erath County; Water Quality Permit No. 03745; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (David Van Soest, Joseph Daley)
Issue agreed order, RM/RH. All Agree
Item 7. Docket No. 2001-0955-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jack Vanden Berge dba Vanden Berge Dairy in Erath County; Water Quality Permit No. 0003184; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Bradley Brock, Joseph Daley)
Issue agreed order, RM/RH. All Agree
AIR QUALITY TERMINATION ORDER
Item 8. Docket No. 2001-0655-AIR-E. Consideration of an Order to terminate a 1969 Agreed Order (Texas Air Control Board Order No. 69-5) between Phillips Petroleum Company and J. M. Huber Corporation near Borger in Hutchinson County, Texas, and the Texas Air Control Board; TNRCC ID No. HW-0017-R; pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Gitanjali Yadav)
Remand to Executive Director
AIR QUALITY ENFORCEMENT AGREED ORDERS
Item 9. Docket No. 2001-1180-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aquila Gas Pipeline Corporation in Fayette County; Air Account No. FC-0051-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. (Lawrence King, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 10. Docket No. 2001-1306-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Champion Coatings, Inc. in Harris County; Air Account No. HG-1579-O; 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. (Kevin Keyser, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 11. Docket No. 2001-1188-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Gaither Petroleum Corporation in Liberty County; Air Account No. LH-0162-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. (Suzanne Walrath, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 12. Docket No. 2000-0009-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hondo Creek Cattle Company in San Patricio County; TNRCC Air Account No. SD-0157-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. (Pamela Campbell, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 13. Docket No. 2001-1147-AIR-E. Consideration of an Agreed Order assessing administrative penalties against United States Gypsum Company in Harris County; Air Account No. HG-0762-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. (Gloria Stanford, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 14. Docket No. 2001-0992-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Tulia in Swisher County; Air Account No. SR-0038-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. (Ronnie L. Kramer, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 15. Docket No. 2001-0363-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-1118-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. (Miriam Hall, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 16. Docket No. 2002-0148-AIR-E. Consideration of an Agreed Order assessing administrative penalties against ATOFINA Petrochemicals, Inc. in Jefferson County; Air Account No. JE-0005-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. (Laura Clark, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 17. Docket No. 2001-0436-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Aristech Chemical Corporation in Harris County; Air Account No. HG-1249-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. (Kevin Keyser, Joseph Daley)
Issue agreed order, RH/KW. All Agree
EDWARDS AQUIFER ENFORCEMENT AGREED ORDER
Item 18. Docket No. 2001-1174-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of New Braunfels Independent School District in Comal County; Edwards Aquifer Protection Program Project No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Malcolm A. Ferris, Joseph Daley)
Issue agreed order, RH/KW. All Agree
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER
Item 19. Docket No. 2001-0548-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shell Oil Company in Harris County; Solid Waste Registration No. 30007; for industrial & hazardous 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. (Merrilee Gerberding, Joseph Daley)
Issue agreed order, RH/RM. All Agree
MULTI MEDIA ENFORCEMENT AGREED ORDERS
Item 20. Docket No. 1999-1397-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Red River Army Depot in Bowie County; TNRCC ID Nos. SWR No. 67004, BK-0025-R and HW-50178-000; for air quality and industrial and hazardous waste violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, ch. 7 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue agreed order, RH/KW. All Agree
Item 21. Docket No. 2001-0494-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Victoria County WCID No. 1 in Victoria County; TPDES Permit No. WQ0010513-002 and PWS No. 2350001; 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. (Gary L. McDonald, Joseph Daley)
Issue agreed order, RH/KW. All Agree
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER
Item 22. Docket No. 2001-0931-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Casco Hauling, & Excavating Co. in Harris County; Municipal Solid Waste Permit No. 1403; 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. (Rebecca Johnson, Joseph Daley)
Issue agreed order, RM/RH. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 23. Docket No. 2001-1276-MWD-E. Consideration of an Agreed Order assessing administrative penalties against B&B Aggregates, Inc. in Liberty County; Water Quality Permit No. None; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Trina K. Grieco, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 24. Docket No. 2001-1052-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Oceaneering International, Inc. in Harris County; TPDES Permit No. 12466-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Kevin Keyser, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 25. Docket No. 2001-1146-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Woodcreek Utilities, Inc. in Hays County; Water Quality Permit No. WQ0011790-001 (Expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Robert Mikesh, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 26. Docket No. 2001-1428-MWD-E. Consideration of an Agreed Order assessing administrative penalties against Paloma Cimarron Hills, L.P. in Williamson County; TPDES Permit No. 14232-001; 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, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 27. Docket No. 2000-1293-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Junction in Kimble County; Texas Pollutant Discharge Elimination System Permit No. WQ10199-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Ronnie L. Kramer, Joseph Daley)
Issue agreed order, RH/KW. All Agree
ON SITE SEWAGE INSTALLERS ENFORCEMENT AGREED ORDER
Item 28. Docket No. 2001-0609-OSI-E. Consideration of an Agreed Order assessing administrative penalties against Brian Keith Zuk in Ellis County; TNRCC Expired OSSF Installer ID No. OS6205; for on-site sewage installer violations pursuant to ch. 366 of the Tex. Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue agreed order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT DEFAULT ORDER
Item 29. Docket No. 2001-0668-PST-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Y Propane Service, Inc. in Hidalgo County; TNRCC PST Facility ID No. 1056; for petroleum storage tank violations pursuant to ch. 382 of the Tex. Health & Safety Code, chs. 7 and 26 of the Tex. Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Elisa Roberts)
Issue default order, with instructions to staff to contact entity regarding the default order versus an agreed order, RH/KW. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 30. Docket No. 2001-0998-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Balch Oil Co., Inc. in Lubbock County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 31. Docket No. 2001-1157-PST-E. Consideration of an Agreed Order assessing administrative penalties against Claybrook Services, Inc. in Refugio County; Petroleum Storage Tank Facility ID No. 21379; 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, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 32. Docket No. 2001-1413-PST-E. Consideration of an Agreed Order assessing administrative penalties against Oklahoma Tank Lines Inc. in Taylor County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Bradley Brock, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 33. Docket No. 2001-1192-PST-E. Consideration of an Agreed Order assessing administrative penalties against Lanar, Inc. dba Three Corners Food Store in Tarrant County; Petroleum Storage Tank Facility ID No. 45513; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 34. Docket No. 2002-0016-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Services Automobile Association in Tom Green County; Petroleum Storage Tank Facility ID No. 67126; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 35. Docket No. 2001-1348-PST-E. Consideration of an Agreed Order assessing administrative penalties against United Petroleum Transports, Incorporated in Travis County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrence King, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 36. Docket No. 2001-1537-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sun Coast Resources, Inc. in Harris County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jonathan Walling, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 37. Docket No. 2002-0014-PST-E. Consideration of an Agreed Order assessing administrative penalties against Sonora Independent School District in Sutton County; Petroleum Storage Tank Facility ID No. 6651; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 38. Docket No. 2001-0895-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Shahnoor Corporation in Gregg County; Petroleum Storage Tank Facility ID No. 58684; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Elnora Moses, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 39. Docket No. 2001-1169-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Princeton in Collin County; Petroleum Storage Tank Facility ID No. 0031983; for petroleum storage tank 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. (Merrilee Gerberding, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 40. Docket No. 2001-1094-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petro Stopping Centers, L.P. dba Petro Stopping Center #5 in Bexar County; Petroleum Storage Tank Facility ID No. 20003; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Steven Lopez, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 41. Docket No. 2001-1538-PST-E. Consideration of an Agreed Order assessing administrative penalties against East Texas Petroleum Company, Inc. in Taylor County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Jaime Garza, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 42. Docket No. 2001-1105-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cummins Southern Plains, Inc. in Bexar County; Petroleum Storage Tank ID No. 00403; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Sandy VanCleave, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 43. Docket No. 2001-1321-PST-E. Consideration of an Agreed Order assessing administrative penalties against Chapman, Inc. in Trinity County; TNRCC Facility ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 44. Docket No. 2001-1293-PST-E. Consideration of an Agreed Order assessing administrative penalties against the City of Burnet in Burnet County; Petroleum Storage Tank Facility ID No. 16894; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Bill Davis, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 45. Docket No. 2001-1198-PST-E. Consideration of an Agreed Order assessing administrative penalties against Atlantic Oil & Gas, Inc. in Dallas County; TNRCC ID No. None; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Alita Champagne, Joseph Daley)
Issue agreed order, RH/KW. All Agree
Item 46. Docket No. 2001-1033-PST-E. Consideration of an Agreed Order assessing administrative penalties against Allen Car Wash Partners, LTD. dba Waterfall Carwash No. 1 in Collin County; Petroleum Storage Tank Registration No. 0073152; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (John Mead, Joseph Daley)
Issue agreed order, RH/KW. All Agree
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 47. Docket No. 2001-1181-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ian Rowland dba Shovel Mountain Ranch Subdivision in Burnet County; TNRCC ID No. 0270117; 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. (Shannon Strong)
Issue agreed order, RH/RM. All Agree
Item 48. Docket No. 2001-1385-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Lambert dba Romayors Grocery in Liberty County; Public Water Supply No. 1460105; 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, Joseph Daley)
Issue agreed order, RH/RM. All Agree
Item 49. Docket No. 2001-1291-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Lukes Mobile Home Park, Inc. in Parker County; Public Water Supply No. 1840141; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kent Heath, Joseph Daley)
Issue agreed order, RH/RM. All Agree
Item 50. Docket No. 2001-1367-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jones Court, Ltd. dba Jones Court Retail Center in Harris County; Public Water Supply No. 1011702; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Elvia Maske, Joseph Daley)
Issue agreed order, RH/RM. All Agree
Item 51. Docket No. 2001-1492-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Cahill Country Water Supply Corporation in Johnson County; Public Water Supply No. 1260073 and Certificate of Convenience and Necessity No. 12458; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Chris Friesenhahn, Joseph Daley)
Issue agreed order, RH/RM. All Agree
DISTRICT MATTER
Item 52. Docket No. 2002-0502-DIS. Consideration of a proposed order approving the application by Fort Bend County Municipal Utility District No. 121 of a Fire Protection Plan. Applicant requests approval of the fire protection plan and approval of contract providing fire protection services. (TNRCC Internal Control No. 12312001-D02, Rob Cummins)
Approve Fire Protection Plan and approve contract, RM/RH. All Agree
MISCELLANEOUS AGENDA ITEM
Item 53. Docket No. 2002-0847-MIS. Consideration of a resolution to appoint 24 persons to the Galveston Bay Council (GBC). The Galveston Bay Council, as appointed by the Commissioners, is a 41-member advisory body to the Commission and the Galveston Bay Estuary Program (GBEP). The positions are being filled due to vacancies or expiration of terms. (Helen Drummond, Susi Ferguson)
Continued to August 7, 2002
SUPERFUND
Item 54. Docket No. 2002-0835-SPF. Consideration of an Administrative Order to conduct Remedial Design/Remedial Action activities at the Material Recovery Enterprises State Superfund Site, Ovalo, Taylor County, Texas. (Jeff Patterson, Courtney Hill)
Continued to August 21, 2002
RULE MATTERS
Item 55. Docket No. 2002-0026-RUL. Consideration for adoption of the following amended and new sections of 30 TAC Chapter 285, On-Site Sewage Facilities:
Amended Section - 285.5 Submittal Requirements for Planning Materials
New Section - 285.8 Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land
The adoption will implement House Bill (HB) 2912, Section 20.03, 77th Legislature, 2001, authorizing the commission to permit multiple treatment and disposal systems located on one tract of land as an OSSF, provided that: the tract of land is at least 100 acres in size; all the systems on the tract of land produce no more than a combined total of 5,000 gallons of sewage per day on an annual average basis; the systems are only used on a seasonal or intermittent basis; and the systems are used only for disposal of sewage produced on the tract of land. The proposed rules were published in the March 1, 2002 issue of the Texas Register (27 TexReg 1456). (Warren Samuelson, Kathy Brown, Joseph Thomas) (Rule Log No. 2001-096-285-WT)
Approve adoption of amended and new sections of 30 TAC Chapter 285, RH/KW. All Agree
Item 56. Docket No. 2002-0481-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 12, Payment of Fees. This review is in accordance with Texas Government Code, Section 2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the May 3, 2002 issue of the Texas Register (27 TexReg 3789). (John Racanelli, Beth Badeaux, Debi Dyer) (Rule Log No. 2002-015-012-AD)
Approve adoption of the rules review and readoption of 30 TAC Chapter 12, RH/RM. All Agree
Item 57. Docket No. 2002-0146-RUL. Consideration for adoption of new Section 291.145, Preenforcement Threshold of Noncompliance, in 30 TAC Chapter 291, Utility Regulations. The adopted new section would implement provisions of SB 649 (an Act relating to training requirements for applicants for and recipients of financial assistance for water and sewer services under the Economically Distressed Areas Program (EDAP)), 77th Legislature, 2001, which requires the commission to establish, by rule, criteria to be used to determine if an operating entity needs training. The proposed rule was published in the March 15, 2002 issue of the Texas Register (27 TexReg 1982). (Elston Johnson, Bob Tinstman, Debi Dyer) (Rule Log No. 2001-052-291-WT)
Approve adoption of new Section 291.145, RH/KW. All Agree
Item 58. Docket No. 2002-0154-RUL. Consideration for publication of, and hearings on, the following proposed amended sections of 30 TAC Chapter 213, Edwards Aquifer; and a new section in 30 TAC Chapter 331, Underground Injection Control:
Section 213.3 - Definitions
Section 213.8 - Prohibited Activities
Section 331.19 - Injection Into or Through the Edwards Aquifer
These proposed revisions to Chapters 213 and 331 implement Senate Bill 2, Section 11.03, 77th Legislature, 2001, by prohibiting commission authorization of any injection well that transects or terminates in the Edwards Aquifer (EA), except for injection of groundwater withdrawn from the EA, of dye tracers for flowpath studies, of water from remediation wells that does not exceed the maximum contaminant levels for drinking water, or of storm water, groundwater, or flood water through improved sinkholes or caves located in karst topographic formations. (Devane Clarke, Snehal Patel, Joseph Thomas) (Rule Log No. 2001-093-331-WS)
Approve publication and hearing, RM/RH. All Agree
Item 59. Docket No. 2002-0147-RUL. Consideration for adoption of the rules review and readoption of 30 TAC Chapter 90, Regulatory Flexibility and Environmental Management Systems, with the following amended sections:
Section 90.1 - Purpose
Section 90.10 - Application for a Regulatory Flexibility Order
This action is in accordance with Texas Government Code, Section 2001.039 (added by Acts 1999, 76th Legislature, Chapter 1499, Section 1.11(a)), which requires state agencies to review and consider for readoption each of their rules every four years. The amendments implement changes to Texas Water Code (TWC), Section 5.123, relating to Regulatory Flexibility, enacted by House Bill 2912, Section 4.02, 77th Legislature, 2001. The legislation redesignated the section as TWC, Section 5.758, relating to Regulatory Flexibility, and requires that applications for regulatory flexibility orders clearly demonstrate that the requested variances are more protective than the current requirements of rule or law. The proposed rules were published in the April 26, 2002 issue of the Texas Register (27 TexReg 3471). (Joseph Thomas, Jason Haas) (Rule Log No. 2001-073-090-AD)
Approve adoption of the rules review and readoption of 30 TAC Chapter 90, RH/RM. All Agree
Item 60. Docket No. 2002-0781-RUL. Consideration for publication of an amendment to 30 TAC Chapter 292, River Authorities, Subchapter A, General Provisions, Section 292.1, Objective and Scope of Rules.
The proposed revision to Chapter 292 would implement Senate Bill 2, Section 1.01, 77th Legislature, 2001, by adding 11 additional river authorities to ensure that Chapter 292 includes all the river authorities listed in Texas Water Code, Section 9.010. (Diego Abrego, Jason Haas, Monica P. Gonzalez) (Rule Log No. 2002-053-292-WT)
Approve publication of amendment to 30 TAC Chapter 292, RH/KW. All Agree
Item 61. Docket No. 2002-0219-RUL. Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 290, Public Drinking Water, Subchapters D - H. This review is in accordance with Texas Government Code, Section 2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, Section 1.11(a), which requires state agencies to review and consider for readoption each of their rules every four years. The proposal was published in the April 12, 2002 issue of the Texas Register (27 TexReg 3219). (Geoffrey Kirshbaum, Irene Montelongo, Kathy Ramirez) (Rule Log No. 2002-011-290-WT)
Approve adoption of the rules review and readoption of 30 TAC Chapter 290, RH/RM. All Agree
EXECUTIVE SESSION
Item 62. 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.
Commissioners met in Executive Session, no action taken from meeting.
Item 63. 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. The Commission may also meet in open session to take action on a legal or personnel matters considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Commissioners met in Executive Session, no action taken from meeting.
Item 64. 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.
Commissioners met in Executive Session, no action taken from meeting.
(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.) 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.


ADDENDUM TO AGENDA

Wednesday, July 10, 2002

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

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

Item 65. Docket No. 2002-0810-RUL. Consideration for publication of, and hearing on, the following proposed amendments (including new, amended, and repealed sections) to 30 TAC Chapter 106, Permits by Rule; 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and 30 TAC 122, Federal Operating Permits; and corresponding revisions to the Texas state implementation plan (SIP):
Chapter 106 - Subchapter A: Amended Section 106.6
Chapter 116 - Subchapter B: Amended Section 116.115
Subchapter F: Amended Section 116.611
Chapter 122 - Subchapter A: Amended Section 122.10
Subchapter B: Amended Sections 122.122, 122.132, 122.140, 122.142, 122.143, and 122.161
Subchapter B: New Section 122.147
Subchapter C: Amended Sections 122.201, 122.217, 122.221
Subchapter D: Amended Section 122.350
Subchapter F: Amended Sections 122.502 - 122.504
Subchapter G: Amended Section 122.602
Subchapter G: New Sections 122.604 and 122.606
Subchapter G: Repealed Sections 122.600, 122.604, 122.606, 122.608, 122.610, and 122.612
Subchapter H: Repealed Sections 122.700, 122.702, 122.704, 122.706, 122.708, 122.710, 122.712, 122.714, and 122.716
These proposed amendments to Chapters 106, 116, and 122 would correct a notice of deficiency issued by the United States Environmental Protection Agency regarding the Texas Operating Permit Program in the January 7, 2002 issue of the Federal Register (67 FR 732). Amended Sections 106.6, 116.115, 116.611, and 122.122 are proposed to be submitted to the EPA as SIP revisions. (Tara Capobianco, Alan Henderson) (Rule Log Number 2002-043-122-AI)
Approve publication and hearing, RH/RM. All Agree