| 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 | |
| Item carried forward from Agenda of May 17, 2000 and July 12, 2000. | |
| Item 1. | Docket No. 1999-0984-AGR-E. Consideration of an Agreed Order assessing administrative penalties against Joe Cordell and John Heavyside dba Lledroc Farms West in Erath County; Agricultural Waste/Wastewater Authorization No. AGR 072-009; for agriculture violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Pamela Campbell) |
| Issue Agreed Order, JB/RM. All Agree | |
Huston
Marquez
Baker
| HEARING REQUESTS | |
| Item 1. | Docket No. 2000-0703-IHW. Consideration of application by Phillips 66 Company, (Sweeny Refinery & Petrochemical Complex) for the renewal/major amendment of Permit No. HW-50186 and Compliance Plan No. CP-50186. The permit would authorize the continued post-closure care of two closed land treatment units and two closed surface impoundments. The compliance plan renewal will require continued groundwater monitoring and remediation at the facility. The amendment modifies the frequency of groundwater monitoring from quarterly to semi-annually, and raises the concentration limits of the groundwater protection standard from the practical quantitation limits of the analytical methods to human health-based alternate concentration limits. The facility is located at the intersection of State Highway 35 and FM 524, approximately 3.5 miles northwest of Sweeny, in Brazoria and Matagorda counties. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's Response to Comments. (Wheatley/Rahman/Redmond) |
| Grant hearing request and remand to Alternative Dispute Resolution if mediation fails forward to State Office Administrative Hearings, RH/JB. | |
| Item 2. | Docket No. 2000-0696-WR. Consideration of permit application No.5465, submitted by CHARCO CATTLE COMPANY, L.L.C. for an amended permit to authorize the diversion of surface water and stored groundwater from the perimeter of 4 existing reservoirs on Aqua Dulce Creek and Quinta Creek and one proposed reservoir on Aqua Dulce Creek in the Nueces-Rio Grande Coastal Basin, to allow the increased appropriation of surface water from 30 acre feet to 250 acre feet, to allow an increased maximum diversion rate from 800 g.p.m. to 2000 g.p.m., to allow surface water and discharged groundwater to be diverted anywhere on applicant's boundaries, to allow the use of the bed and banks to convey discharged groundwater to points of diversion, to remove the requirement that in any 24 hours period the amount of groundwater will not exceed more than 95% of the amount of groundwater discharged into the creek during the previous 24 hours, and to increase the total amount of irrigated land from 50 to 1200 acres within the tract. This irrigation will take place in Nueces County. The commission will also consider hearing requests and related responses and replies. (Robin Smith, Ted Ground) |
| Grant hearing request and remand to Alternative Dispute Resolution if mediation fails forward to State Office Administrative Hearings, RM/RH. All Agree | |
| AGRICULTURAL ENFORCEMENT AGREED ORDERS | |
| Item 3. | Docket No. 1999-0721-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Roden Dairy, Inc. in Johnson County: TNRCC ID NO. 03258; for dairy operation water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (John Sumner) |
| Issue Agreed Order, RH/RM. All Agree | |
| Item 4. | Docket No. 1999-0848-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bradeco, Inc. in Erath County; TNRCC ID No. 03269; for water quality violations pursuant to Chapter 26 of the Texas Water Code, TNRCC Permit No. 03269, and the rules of the Texas Natural Resource Conservation Commission. (John Sumner) |
| Issue Agreed Order, RH/RM. All Agree | |
| PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS | |
| Item 5. | Docket No. 2000-0082-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Henry L. Mallicoat dba Rocky Creek Co-op in Angelina County; TNRCC ID No. N0029; for water utility violations pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (M. Camille Morris) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 6. | Docket No. 1998-1139-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Southern Utilities Company; TNRCC ID No. 2120063; for public drinking water violations pursuant to Chapter 341 of the Texas Health & Safety Code; for waste water violations pursuant to Chapters 7 and 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 7. | Docket No. 2000-0114-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Centerville Water Supply Corporation in Trinity County; Public Water Supply No. 2280005; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Elvia Maske) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 8. | Docket No. 1999-1423-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Santa Rosa in Cameron County; TNRCC ID No. 0310009; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Fara O'Neal, Elvia Maske) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 9. | Docket No. 2000-0093-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Nolan Atchley dba Tripple Creek Marina in Polk County; Public Water Supply No. 1870084; for drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Laura Clark, Elvia Maske) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 10. | Docket No. 1999-1256-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Upper Jasper County Water Authority in Jasper County; Public Water Supply No. 1210060; for drinking water quality violations pursuant to the Texas Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson) |
| Issue Agreed Order, RM/JB. All Agree | |
| PUBLIC WATER SUPPLY DEFAULT ORDER | |
| Item 11. | Docket No. 1998-0981-PWS-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Augustin Valenciana dba Don Balta's Restaurant in El Paso County; TNRCC ID No. 0710176; for public drinking water violations pursuatant to Chapter 341 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Ali Abazari) |
| Remanded to Executive Director | |
| EDWARDS AQUIFER ENFORCEMENT AGREED ORDERS | |
| Item 12. | Docket No. 2000-0050-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Shavano Park in Bexar County; Edwards Aquifer Protection Program 1542; 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, Elvia Maske) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 13. | Docket No. 1999-1214-EAQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eanes Independent School District; Westlake High School in Travis County; Edwards Aquifer Protection Program No. 99042901; for water quality violations pursuant to the Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Larry King, Karen Santiesteban) |
| Issue Agreed Order, RH/JB. All Agree | |
| MULTI-MEDIA ENFORCEMENT AGREED ORDERS | |
| Item 14. | Docket No. 1999-0698-MLM-E. Consideration of an Agreed Order assessing administrative penalties against Kessler Foundry & Machinery L C in El Paso County; TNRCC ID No. EE-0021-M; for air and waste violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, Texas Health & Safety Code Ch. 361, Texas Water Code Ch. 26, and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 15. | Docket No. 1999-1192-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Pilgrim's Pride Corporation in Titus County; NPDES Permit No. TX0062936, Water Quality Permit No. 03107, TNRCC Air Account No. TF-0011-F, SW ID No. 31649 and EPA ID No. TXD076724194; for water quality, air quality, used oil and storage tank 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. (Michael Meyer) |
| Issue Agreed Order, RM/JB. All Agree | |
| Item 16. | Docket No. 2000-0217-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill G. Donaldson, Curtis D. Donaldson, and Jack W. Donaldson dba Donaldson Sand and Gravel in McLennan County; Municipal Solid Waste Unauthorized Site No. 455090061, Air Account No. MB-0472-A; for air quality and municipal solid waste violations pursuant to Tex. Health & Safety Code chs. 361 and 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Kyle Headley, Tim Haase) |
| Issue Agreed Order, RM/JB. All Agree | |
| LANDSCAPE IRRIGATOR INSTALLER AGREED ORDER | |
| Item 17. | Docket No. 1999-0740-LII-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Martin Steele dba Steele Lawn Sprinklers in Dallas County; TNRCC ID No. None; for landscape irrigator installer violations pursuant to Chapter 34 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olszewski) |
| Issue Agreed Order, JB/RM. All Agree | |
| AIR ENFORCEMENT DEFAULT ORDERS | |
| Item 18. | Docket No. 1999-0957-AIR-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Curiel Trucking, Inc. in El Paso County; TNRCC ID No. EE-0739-E; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Rich O'Connell) |
| Issue Default Order, RM/RH. All Agree | |
| Item 19. | Docket No. 1999-0616-AIR-E. Consideration of a Default Order assessing administrative penalties against J. Marshall Corporation dba Used Car Factory in Tarrant County; TNRCC ID No. TA3129P; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Rich O'Connell) |
| Issue Default Order, RM/RH. All Agree | |
| Item 20. | Docket No. 1999-0934-AIR-E. Consideration of a Default Order assessing administrative penalties against Texas Stevedores, Inc. and Andrew J. Walton in Harris County; TNRCC ID No. HX-2144-H; for air violations pursuant to the Texas Clean Air Act, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Richard S. O'Connell) |
| Issue Default Order, RM/RH. All Agree | |
| AIR ENFORCEMENT AGREED ORDERS | |
| Item 21. | Docket No. 2000-0363-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Griego Dragline, Inc. in Sherman County; Air Account Nos. DD-0074-T / 94-3726E; for air quality violations pursuant to the Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Tim Haase) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 22. | Docket No. 2000-0254-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Trinity Industries, Incorporated in Dallas County; Air Account No. DB-0593-M; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Tim Haase) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 23. | Docket No. 2000-0145-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Conoco, Inc. in Carson County; Air Account Nos.: CG-0089-B, CF-0090-Q, CF-0094-I; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Shawn A. Hess, Tim Haase) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 24. | Docket No. 2000-0107-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Manti Resources, Inc. in Jackson County; TNRCC Air Account No. JB-0041-N; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code 7 and the rules of the Texas Natural Resource Conservation Commission. (Gary L. McDonald, Tim Haase) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 25. | Docket No. 2000-0231-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Spring Valley Construction Company in Tarrant County; Air Account No. TA-3984N; for air quality violations pursuant to Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Johnson) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 26. | Docket No. 2000-0152-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rice University in Harris County; Air Account No. HG-1149-U; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health and Safety Code ch. 382, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston) |
| Issue Agreed Order, RM/RH. All Agree | |
| INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDERS | |
| Item 27. | Docket No. 1999-0431-IHW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Cooper Cameron Corporation in Harris County; TNRCC ID No. 31157; for industrial and hazardous waste violations pursuant to the Texas Solid Waste Disposal Act, Chapter 361 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross) |
| Issue Agreed Order, RM/RH. All Agree | |
| INDUSTRIAL WASTE DISCHARGE ENFORCEMENT ORDERS | |
| Item 28. | Docket No. 1998-0892-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of NORIT Americas, Inc. in Harrison County; TNRCC ID No. 00703; for wastewater discharge violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 29. | Docket No. 1999-1513-IWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kellogg Brown and Root, Inc. in Harris County; Water Quality Permit No. 3792-000 and NPDES Permit No. TX0100935; for water quality violations pursuant to Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Michelle Harris) |
| Issue Agreed Order, RM/RH. All Agree | |
| MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDER | |
| Item 30. | Docket No. 1999-1544-MSW-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Sweetwater in Nolan County; MSW Permit No. 50; for municipal solid waste violations pursuant to Texas Solid Waste Disposal Act, Tex. Health & Safety Code ch. 361, Tex. Water Code ch. 7 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Tom Greimel) |
| Issue Agreed Order, RH/RM. All Agree | |
| MUNICIPAL WASTE DISCHARGE ENFORCEMENT DEFAULT ORDERS | |
| Item 31. | Docket No. 1999-1057-MWD-E. Consideration of a Default Order assessing administrative penalties against Willm D. Smith dba Sunset Mobile Home Park #2 in Harris County; TNRCC ID No. 12573-001; NPDES Permit No. TX0090735; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Mary R. Risner) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 32. | Docket No. 1999-0838-MWD-E. Consideration of a Default Order assessing administrative penalties and requiring certain actions of Niranjan Patel dba Caraban Motor Motel in Nacogdoches County; TNRCC ID No. 11403-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation commission. (Robin Houston) |
| Issue Agreed Order, RH/JB. All Agree | |
| MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS | |
| Item 33. | Docket No. 1997-0811-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hamshire Community Water Supply Corporation in Jefferson County; TNRCC ID No. 12098-001; for violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 34. | Docket No. 1997-0218-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hamshire-Fannett Independent School District in Jefferson County; TNRCC ID No. 12098-001; for water quality violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Robin Houston) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 35. | Docket No. 1999-1097-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Edcouch in Hidalgo County; TPDES Permit No. 13916-001; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Eric Reese) |
| Issue Agreed Order, RM/RH. All Agree | |
| Item 36. | Docket No. 1999-1039-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Edinburg in Hidalgo County; Water Quality Permit No. 10503-002; 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) |
| Issue Agreed Order, RM/RH. All Agree | |
| ON-SITE SEWAGE INSTALLER AGREED ORDER | |
| Item 37. | Docket No. 1999-1506-OSI-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Douglas J. Smith, Sr, in Brazoria County; TNRCC ID No. OS4458; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Josha Olszewski) |
| Issue Agreed Order, RH/JB. All Agree | |
| ON-SITE SEWAGE INSTALLER DEFAULT ORDER | |
| Item 38. | Docket No. 1999-1239-OSI-E. Consideration of a Default Order assessing administrative penalties against Derek T. Williams and Larry Williams in Orange County; TNRCC ID No. OS4948 & OS4949; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Joshua M. Olsewski) |
| Remand to Executive Director | |
| ON-SITE SEWAGE FACILITY AUTHORIZATION AGREED ORDER | |
| Item 39. | Docket No. 1999-1035-OSS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of John Crider dba Enviroserve in Parker, Johnson, and Wise Counties; TNRCC ID No. OS5509; for on-site sewage installer violations pursuant to Chapter 366 of the Texas Health & Safety Code and the rules of the Texas Natural Resource Conservation Commission. (Tracy Gross) |
| Issue Agreed Order, RM/JB. All Agree | |
| PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS | |
| Item 40. | Docket No. 1998-1365-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Rubina Marwaha and Brijindr Nijjar dba Shop N Go in Harris County; TNRCC ID No. 0027223; for petroleum storage tank violations pursuant to Chapters 7 and 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Consevation Commission. (Scott McDonald) |
| Remand to Executive Director | |
| Item 41. | Docket No. 1999-0665-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of David Patel dba Minute Market in Bazoria County; TNRCC ID NO. 0053795; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 42. | Docket No. 1999-0811-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Prime Time Enterprises, Inc. in Harris County; TNRCC ID No. 0006400; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 43. | Docket No. 1999-0631-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Eastland County Guardian, Inc, dba La Mancha Lake Store in Eastland County; TNRCC ID No. 13656; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 44. | Docket No. 2000-0123-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Petroleum Wholesale, Inc. in Nueces County; PST Facility ID Nos. 18434 and 2743; 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, Tom Greimel) |
| Issue Agreed Order, RH/JB. All Agree | |
| Item 45. | Docket No. 1999-1405-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of S.R.R. Investments, Inc. in Travis County; PST Facility ID No. 54978; for petroleum storage tank violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Lawrency King, Tom Greimel) |
| Issue Agreed Order, RH/JB. All Agree | |
| RULES | |
| Item 46. | Docket No. 2000-0729-RUL. Consideration for publication of, and hearing on, the following proposed new sections of 30 TAC Chapter 311, Watershed Protection: |
| Subchapter A. Lakes Travis and Austin Water Quality | |
| Section 311.6, Storm Water Runoff and Certain Non-Storm Water Discharges | |
| Subchapter B. Lakes Inks and Buchanan Water Quality | |
| Section 311.16, Storm Water Runoff and Certain Non-Storm Water Discharges | |
| Subchapter F. Lakes Lyndon B. Johnson and Marble Falls Water Quality | |
| Section 311.56, Storm Water Runoff and Certain Non-Storm Water Discharges | |
| If approved, the proposed rules would allow the discharge of storm water runoff and certain other non-storm water runoff into the subject lakes if authorized by a Texas pollutant discharge elimination system permit. (Steve Ligon and Mary Ambrose) (Rule Log No. 2000-010-311-WT) | |
| Approve publication and hearing with changes, JB/RH. All Agree | |
| Item 47. | Docket No. 2000-0203-RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, General Air Quality Rules, Sections 101.27, Emission Fees; and 101.333, Allocation of Allowances; 30 TAC Chapter 106, Exemptions from Permitting, Sections 106.1, Purpose; 106.2, Applicability; 106.4, Requirements for Exemption from Permitting; 106.6, Registration of Emissions; 106.13, Permits by Rule; and all sections of Chapter 106, Subchapters C - X; 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; Sections 116.10, General Definitions; 116.110, Applicability; 116.116, Changes to Facilities; 116.603, Public Participation in Issuance of Standard Permits; 116.620, Installation and/or Modification of Oil and Gas Facilities; 116.621, Municipal Solid Waste Landfills; 116.710, Applicability; 116.715, General and Special Conditions; 116.721; Amendments and Alterations; 116.722, Distance Limitations; and 116.750, Flexible Permit Fee. The commission will consider for adoption new Sections 116.119, De Minimis Facilities or Sources; 116.1010, Applicability; 116.1011, Multiple Plant Permit Application; 116.1014, Application Review Schedule; 116.1015, General and Special Conditions; 116.1020, Modifications; 116.1021, Amendments and Alterations; 116.1040, Multiple Plant Permit Public Notice; 116.1041, Multiple Plant Permit Public Comment Procedures; 116.1050, Multiple Plant Permit Application Fee; 116.1060, Multiple Plant Permit Renewal; and 116.1070, Delegation. The amendments and new sections implement the remaining portions of Senate Bill 766, 76th Legislature, relating to emission fee increases, permits by rule, exemptions from permitting, de minimis classification for small sources of air contaminants, and multiple plant permits. Beginning September 1, 2001, emission fees for grandfathered facilities without pending permit application under Chapter 116 would be applied to all emissions from the facility and the emission fee rate would triple for those emissions over 4,000 tons per year and triple each subsequent fiscal year. The authorizations formerly known as exemptions from permitting would become permits by rule. The amendments related to de minimis allow construction of very small sources of air contaminants without prior authorization from the commission. A multiple plant permit allows the combination of multiple facilities or sites under one permit provided the facilities and sites were under common ownership or control. Section 101.333 is amended to correct an inadvertent omission of the term "NOx." Sections 106.201, 106.202, and 106.203 of Chapter 106, Subchapter H, Concrete Batch Plants, are amended to state that registrations under those sections would no longer be accepted upon issuance of a concrete batch plant standard permit. The amendment to Section 116.603 corrects an incorrect reference. The amendments to Sections 101.27, 101.333, 116.10, 116.110, 116.116, 116.603, 116.620,116.621, 116.710, 116.715, 116.722, and 116.750 will be submitted as revisions to the State Implementation Plan. The proposal was published in the April 7, 2000 edition of the Texas Register (25 TexReg 2912). (Beecher Cameron) (Rule Log No. 1999-029B-116-AI). |
| Approve adoption of amendments, RM/RH. All Agree | |
| Item 48. | Docket No. 2000-0025-RUL. Consideration for adoption of the following amendments to 30 TAC Chapter 122, Federal Operating Permits: |
| Subchapter A, Definitions | |
| Section 122.10, General Definitions; | |
| Subchapter B, Permit Requirements | |
| Section 122.110, Delegation of Authority to Executive Director; Section 122.130, Initial Application Due Dates; Section 122.131, Phased Permit Detail; Section 122.132, Application and Required Information for Initial Permit Issuance, Reopening, Renewal, or General Operating Permits; Section 122.134, Complete Application; Section 122.139, Application Review Schedule; Section 122.140, Representations in Application; Section 122.142, Permit Content Requirements; Section 122.143, General Terms and Conditions; and Section 122.161, Miscellaneous; | |
| Subchapter C, Initial Permit Issuances, Revisions, Reopenings, and Renewals | |
| Section 122.210, General Requirements for Revisions; Section 122.213, Procedures United States Environmental Protection Agency Administrative Permit Revisions; Section 122.217, Procedures for Minor Permit Revisions; | |
| Subchapter D, Public Announcement, Public Notice, Affected State Review, Notice and Comment Hearing, Notice of Proposed Final Action, United States Environmental Protection Agency Review, and Public Petition, | |
| Section 122.322, Bilingual Public Notice; Section 122.350, United States Environmental Protection Agency Review; | |
| Subchapter E, Acid Rain Permits | |
| Section 122.410, Operating Permit Interface; Section 122.412, Acid Rain Permit Application Due Dates; Section 122.414, Acid Rain Permit Revisions; and | |
| Subchapter F, General Operating Permits | |
| Section 122.501, General Operating Permits; Section 122.502, Authorization to Operate; Section 122.503, Application Revisions for Changes at a Site; Section 122.504, Application Revisions When an Applicable Requirement or State-Only Requirement is Promulgated or Adopted or a General Operating Permit is Revised or Rescinded; Section 122.505, Renewal of the Authorization to Operate Under a General Operating Permit; Section 122.506, Public Notice for General Operating Permits; and new | |
| Subchapter G, Periodic Monitoring | |
| Section 122.600, Implementation of Periodic Monitoring; Section 122.602, Periodic Monitoring Applicability; Section 122.604, Periodic Monitoring Application Due Dates; Section 122.606, Applications for Periodic Monitoring; Section 122.608, Procedures for Incorporating Periodic Monitoring Requirements; Section 122.610, Periodic Monitoring General Operating Permits Content; and Section 122.612, Periodic Monitoring Requirements In Permits and General Operating Permit Applications; and | |
| Subchapter H, Compliance Assurance Monitoring | |
| Section 122.700, Implementation of Compliance Assurance Monitoring; Section 122.702, Compliance Assurance Monitoring Applicability; Section 122.704, Compliance Assurance Monitoring Application Due Dates; Section 122.706, Applications for Compliance Assurance Monitoring; Section 122.708, Procedures for Incorporating Compliance Assurance Monitoring Requirements; Section 122.710, Compliance Assurance Monitoring General Operating Permit Content; Section 122.712, General Terms and Conditions for Compliance Assurance Monitoring; Section 112.714, Compliance Assurance Monitoring Requirements in Permits and General Operating Permit Applications; and Section 122.716, Compliance Assurance Monitoring Quality Improvement Plans. | |
| These amendments provide the executive director with the regulatory structure necessary to implement Compliance Assurance Monitoring into federal operating permits and create a streamlined implementation option for sources subject to Compliance Assurance Monitoring and/or periodic monitoring. Additionally, these amendments clarify portions of the rules, correct outdated statutory references, address administrative errors from a previous rulemaking, and address recent changes in federal rules and requirements in the Texas Clean Air Act. (Beecher Cameron) (Rule Log No. 1999-014-122-AI). | |
| Approve adoption of amendments, 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 whall 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 | |
| (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. | |
| Item 1. | TNRCC Docket No. 1998-1326-PWS-E; SOAH Docket No. 582-00-0029. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Syll Holt dba Walnut Bend Water Supply for eleven different violations of various provisions contained in 30 Tex.Admin.Code (TAC) ch. 290, located in Huntington, Agenlina County, Texas. |
| Adopt Proposal for Decision and Issue Order with changes, RM/JB. All Agree | |
| Item 2. | TNRCC Docket No. 1998-0627-IHW-E; SOAH Docket No. 582-99-1340. Consideration of the Administrative Law Judge's Proposal for Decision and Order against Diamond Studs, Inc. dba D'Oro Cosmetics for alleged violations of Tex.Admin.Code (TAC) 334.62, 335.431(c) and 335.6(c), by failing to perform certain hazardous waste determinations and by failing to notify the Executive Director (ED) about hazardous waste generation. This plant is located in Pharr, Texas. |
| Adopt Proposal for Decision and Issue Order, RH/RM. All Agree | |
AGENDA
Wednesday, August 9, 2000
Texas Natural Resource Conservation Commission
1:30 p.m.
Bldg E. Room 201S
12100 Park 35 Circle
| Item 1. | Docket No. 2000-0773-SIP. Consideration for publication of and hearing upon proposed revisions to the State Implementation Plan (SIP) concerning the attainment demonstration for the Houston/Galveston ozone nonattainment area. The proposed SIP revision contains control strategies, results of photochemical modeling, and technical documentation in support of the attainment demonstration. The proposed SIP revision also contains Rate-of-Progress plans for the milestone years 2002, 2005, and 2007, and a commitment to submit a mid-course review in 2004. (Bill Jordan) (Rule Log No. 2000-011-SIP-AI) | |
| Approve publication and hearing, RH/JB. All Agree | ||
| Item 2. | Docket No. 2000-0638-RUL. Consideration for publication of and hearing upon, the following proposed amendments to 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter C, Vehicle Inspection and Maintenance, and corresponding revisions to the State Implementation Plan. | |
| Section 114.50 - Vehicle Emissions Inspection Requirements | ||
| Section 114.51 - Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers | ||
| Section 114.52 - Waivers and Extensions for Inspection Requirements | ||
| Section 114.53 - Inspection and Maintenance Fees | ||
| The proposed amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The proposed rules modify the motor vehicle inspection and maintenance (I/M) control strategy to include on-board diagnostics checks and acceleration simulation mode test equipment and extend the program to all eight counties in the HGA ozone nonattainment area. The proposed rules are necessary to reduce emissions of oxides of nitrogen necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. The proposed amendments also incorporate new exhaust analyzer technical specifications which will apply in all I/M program areas. (Alan Henderson/Bob Wierzowiecki) (Rule Log No. 2000-011A-114-AI). | ||
| Approve publication and hearing, RH/JB. All Agree | ||
| Item 3. | Docket No. 2000-0662-RUL. Consideration for publication of and hearing upon, proposed new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, Division 9, Houston/Galveston Construction Equipment Operating Restrictions, and corresponding revisions to the state implementation plan. | |
| Section 114.482 - Control Requirements | ||
| Section 114.486 - Recordkeeping Requirements | ||
| Section 114.487 - Exemptions | ||
| Section 114.489 - Affected Counties and Compliance Dates | ||
| The proposed new sections to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The proposed new sections establish a limitation on the morning hour use of heavy-duty diesel construction equipment as an air pollution control strategy in the eight-county HGA ozone nonattainment area to delay emissions of oxides of nitrogen until later in the day, thus limiting ozone production. The proposed rules are necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. (Alan Henderson/Gayla McCarty) (Rule Log No. 2000-011B-114-AI). | ||
| Approve publication and hearing, RH/JB. | ||
| Item 4. | Docket No. 2000-0694-RUL. Consideration for publication of and hearing upon, the following proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-road Engines; Division 8, Houston/Galveston Heavy Equipment Fleets - Compression-Ignition Engines; and corresponding revisions to the State Implementation Plan: | |
| Section 114.470 - Definitions | ||
| Section 114.472 - Control Requirements | ||
| Section 114.476 - Reporting and Recordkeeping Requirements | ||
| Section 114.477 - Exemptions | ||
| Section 114.479 - Affected Counties | ||
| The proposed new sections to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. Affected persons who own or operate non-road equipment powered by compression-ignition engines 50 horsepower and larger shall ensure their fleet will consist of federal Tier 2 and Tier 3 non-road equipment by the end of calendar year 2007. The proposed rules are necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. (Alan Henderson/Ken Gathright) (Rule Log No. 2000-011C-114-AI). | ||
| Approve publication and hearing, RH/JB. All Agree | ||
| Item 5. | Docket No. 2000-0718-RUL. Consideration for publication of and hearing upon, proposed amendments to the following sections of 30 Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter A, Definitions; Subchapter H, Low Emission Fuels, Division 2, Low Emission Diesel; and corresponding revisions to the state implementation plan. | |
| Section 114.6 - Low Emission Fuel Definitions | ||
| Section 114.312 - Low Emission Diesel Standards | ||
| Section 114.313 - Designated Alternate Limits | ||
| Section 114.314 - Registration of Diesel Producers and Importers | ||
| Section 114.315 - Approved Test Methods | ||
| Section 114.316 - Monitoring, Recordkeeping, and Reporting Requirements | ||
| Section 114.317 - Exemptions to Low Emission Diesel Requirements | ||
| Section 114.319 - Affected Counties and Compliance Dates | ||
| The proposed amendments to Chapter 114 are one element of the control strategy in the Dallas/Fort Worth (DFW) and Houston/Galveston (HGA) ozone nonattainment areas in order to control ground-level ozone. The proposed rules establish a low emission diesel fuel control strategy in the four-county DFW nonattainment area, the eight-county HGA nonattainment area, the three-county Beaumont/Port Arthur nonattainment area, and the 95-county central and eastern Texas region to be able to demonstrate and maintain attainment with the ozone national ambient air quality standard. (Alan Henderson/Morris Brown) (Rule Log No. 2000-011D-114-AI). | ||
| Reposted as Item # 17 | ||
| Item 6. | Docket No. 2000-0734-RUL. Consideration for publication of and hearing upon, the following proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-Road Engines, Division 7, Houston/Galveston Airport Ground Support Equipment; and corresponding revisions to the state implementation plan. | |
| Section 114.460 - Definitions | ||
| Section 114.462 - Control Requirements | ||
| Section 114.466 - Reporting and Recordkeeping Requirements | ||
| Section 114.469 - Affected Counties and Compliance Dates | ||
| The proposed sections to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The proposed rules apply to the commercial airports in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties and establish a control strategy to reduce emissions of oxides of nitrogen from airport ground support equipment necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. (Alan Henderson/Roland Castaneda) (Rule Log No. 2000-011E-114-AI). | ||
| Approve publication and hearing, RH/JB. | ||
| Item 7. | Docket No. 2000-0770-RUL. Consideration for publication of, and hearing upon, proposed new sections to Subchapter H, Low Emission Fuels; new Division 3, Low Sulfur Gasoline; in Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan. | |
| Section 114.322 - Control Requirements for Sulfur | ||
| Section 114.325 - Approved Sulfur Test Methods | ||
| Section 114.326 - Testing and Recordkeeping Requirements | ||
| Section 114.327 - Exemptions | ||
| Section 114.329 - Affected Counties and Compliance Dates | ||
| The proposed new sections to Chapter 114 are one element of the control strategy to control ground-level ozone in the Houston/Galveston (HGA) ozone nonattainment area, through the establishment of a regional low sulfur gasoline control strategy. The proposed rules will reduce nitrogen oxide emissions in the HGA, Beaumont/Port Arthur (BPA), and Dallas/Fort Worth (DFW) ozone nonattainment areas, and in the 95-county central and eastern Texas region and contribute to attainment and/or maintenance of the one-hour ozone standard. (Alan Henderson/Morris Brown) (Rule Log No. 2000-011F-114-AI). | ||
| Approve publication and hearing, RH/JB. All Agree | ||
| Item 8. | Docket No. 2000-0771-RUL. Consideration for publication of and hearing upon, the following proposed amended sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, Division 3, Non-Road Large Spark-Ignition Engines, and corresponding revisions to the state implementation plan: | |
| Section 114.421 - Emission Specifications | ||
| Section 114.429 - Affected Counties and Compliance Schedules | ||
| The proposed amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. These proposed expansion of the existing non-road large spark-ignition (LSI) engine rules to the eight-county HGA nonattainment area will contribute to the attainment of the one-hour ozone standard in the HGA area. The extension of these rules statewide should also contribute to maintenance of the ozone standard in all other areas of the state. (Alan Henderson/Rowland Castaneda) (Rule Log No. 2000-011G-114-AI). | ||
| Reposted as Item 18 | ||
| Item 9. | Docket No. 2000-0717-RUL. Consideration for publication of and hearing upon, the following proposed new and amended sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, and corresponding revisions to the State Implementation Plan: | |
| Proposed New - | ||
| Section 117.114 - | Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration | |
| Section 117.210 - | System Cap | |
| Section 117.214 - | Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration | |
| Section 117.471 - | Applicability | |
| Section 117.473 - | Exemptions | |
| Section 117.475 - | Emission Specifications | |
| Section 117.478 - | Operating Requirements | |
| Section 117.479 - | Monitoring, Recordkeeping, and Reporting Requirements | |
| Section 117.534 - | Compliance Schedule for Boilers, Process Heaters, and Stationary Engines at Minor Sources | |
| Proposed Amended - | ||
| Section 117.10 - | Definitions | |
| Section 117.101 - | Applicability | |
| Section 117.103 - | Exemptions | |
| Section 117.105 - | Emission Specifications for Reasonably Available Control Technology (RACT) | |
| Section 117.106 - | Emission Specifications for Attainment Demonstrations | |
| Section 117.108 - | System Cap | |
| Section 117.111 - | Initial Demonstration of Compliance | |
| Section 117.113 - | Continuous Demonstration of Compliance | |
| Section 117.116 - | Final Control Plan Procedures for Attainment Demonstration Emission Specifications | |
| Section 117.119 - | Notification, Recordkeeping, and Reporting Requirements | |
| Section 117.121 - | Alternative Case Specific Specifications | |
| Section 117.138 - | System Cap | |
| Section 117.201 - | Applicability | |
| Section 117.203 - | Exemptions | |
| Section 117.205 - | Emission Specifications for Reasonably Available Control Technology (RACT) | |
| Section 117.206 - | Emission Specifications for Attainment Demonstrations | |
| Section 117.207 - | Alternative Plant-wide Emission Specifications | |
| Section 117.208 - | Operating Requirements | |
| Section 117.211 - | Initial Demonstration of Compliance | |
| Section 117.213 - | Continuous Demonstration of Compliance | |
| Section 117.216 - | Final Control Plan Procedures for Attainment Demonstration Emission Specifications | |
| Section 117.219 - | Notification, Recordkeeping, and Reporting Requirements | |
| Section 117.221 - | Alternative Case Specific Specifications | |
| Section 117.510 - | Compliance Schedule for Utility Electric Generation in Ozone Nonattainment Areas | |
| Section 117.520 - | Compliance Schedule for Industrial, Commercial, and Institutional, and Industrial Combustion Sources in Ozone Nonattainment Areas | |
| The proposed changes to Chapter 117 would require a wide variety of stationary sources of nitrogen oxides (NOx) emissions in the Houston/Galveston (HGA) ozone nonattainment area to meet new emission specifications and other requirements in order to reduce NOx emissions and ozone air pollution. The affected equipment types and processes include electric utility boilers and gas turbines; industrial, commercial, and institutional (ICI) boilers and gas turbines; duct burners used in turbine exhaust ducts; process heaters and furnaces; stationary internal combustion engines; fluid catalytic cracking units (including catalyst regenerators and associated carbon monoxide (CO) boilers and furnaces); pulping liquor recovery furnaces; lime kilns; lightweight aggregate kilns; heat treating furnaces; reheat furnaces; magnesium chloride fluidized bed dryers; incinerators (including fume abaters); and hazardous waste-fired boilers and industrial furnaces (BIFs) at major sources in HGA; and stationary internal combustion engines, boilers, and process heaters at minor sources in HGA. (Randy Hamilton/Eddie Mack) (Rule Log No. 2000-011H-117-AI) | ||
| Reposted as Item #19. | ||
| Item 10. | Docket No. 2000-0640-RUL. Consideration for publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the State Implementation Plan. | |
| amended | Section 115.10 - Definitions | |
| new | Section 115.120 - Vent Gas Definitions | |
| amended | Section 115.122 - Control Requirements | |
| amended | Section 115.125 - Testing Requirements | |
| amended | Section 115.126 - Monitoring and Recordkeeping Requirements | |
| amended | Section 115.127 - Exemptions | |
| amended | Section 115.129 - Counties and Compliance Schedules | |
| amended | Section 115.161 - Applicability | |
| amended | Section 115.162 - Control Requirements | |
| amended | Section 115.164 - Determination of Emissions and Flow Rates | |
| amended | Section 115.165 - Approved Test Methods and Testing Requirements | |
| amended | Section 115.166 - Recordkeeping Requirements | |
| amended | Section 115.167 - Exemptions | |
| amended | Section 115.169 - Counties and Compliance Schedules | |
| amended | Section 115.211 - Emission Specifications | |
| amended | Section 115.212 - Control Requirements | |
| amended | Section 115.216 - Monitoring and Recordkeeping Requirements | |
| new | Section 115.240 - Stage II Vapor Recovery Definitions | |
| new | Section 115.430 - Flexographic and Rotogravure Printing Definitions | |
| amended | Section 115.449 - Counties and Compliance Schedules | |
| These amendments will ensure the implementation of reasonably available control technology for major volatile organic compound sources (batch processes, bakeries, and offset lithographic printers) in the Houston/Galveston ozone nonattainment area, and improve implementation of the existing Chapter 115. (Eddie Mack) (Rule Log No. 2000-011i-115-AI) | ||
| Reposted as Item #20. | ||
| Item 11. | Docket No. 2000-0750-RUL. Consideration for publication of, and hearing upon, proposed new Chapter 110, Reduction of Air Pollution from Ozone, and corresponding revisions to the state implementation plan: | |
| Section 110.10 - Definitions | ||
| Section 110.12 - Performance Standards | ||
| Section 110.14 - Technology Registration | ||
| Section 110.15 - Testing Requirements | ||
| Section 110.16 - Labeling Requirements | ||
| Section 110.17 - Exemptions | ||
| Section 110.19 - Affected Counties and Compliance Schedules | ||
| The proposed new Chapter 110 is an element of the strategy to attain and maintain the ozone standard in the Houston/Galveston (HGA), Dallas/Fort Worth (DFW), and Beaumont/Port Arthur (BPA) ozone nonattainment areas, as well as in the 95-county central and eastern Texas regions. Chapter 110 requires the incorporation of ozone reducing technology in residential and commercial air conditioning units, supplied or installed after January 1, 2002 in the HGA, DFW, BPA ozone nonattainment areas, as well as in the 95-county central and eastern Texas region. (Alan Henderson/Jeff Greif) (Rule Log No. 2000-011J-110-AI). | ||
| Approve publication and hearing, RH/JB. All Agree | ||
| Item 12. | Docket No. 2000-0768-RUL. Consideration for publication of, and hearing upon, the following proposed new sections in Subchapter H, Low Emission Fuels; new Division 4, Diesel Emulsion Fuel; in Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan. | |
| Section 114.330 - Definitions | ||
| Section 114.331 - Applicability | ||
| Section 114.332 - Diesel Emulsion Standards | ||
| Section 114.336 - Recordkeeping and Labeling | ||
| Section 114.338 - Registration | ||
| Section 114.339 - Affected Counties and Compliance Dates | ||
| The proposed new sections to Chapter 114 are one element of the control strategy to control ground-level ozone in the Houston/Galveston (HGA) ozone nonattainment area, through the establishment of a diesel emulsion fuel control strategy. The proposed rules will reduce nitrogen oxide emissions in the HGA ozone nonattainment area and thus contribute to the attainment of the one-hour ozone standard. (Alan Henderson/Sam Wells) (Rule Log No. 2000-011K-114-AI). | ||
| Reposted as Item #21 | ||
| Item 13. | Docket No. 2000-0769-RUL. Consideration for publication of, and hearing upon, the following proposed new sections in Subchapter I, Non-road Engines; new Division 5, Nitrogen Oxide Reduction Systems; in Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan. | |
| Section 114.440 - Definitions | ||
| Section 114.441 - Applicability | ||
| Section 114.442 - Control Requirements | ||
| Section 114.445 - Emission Reduction Credits | ||
| Section 114.446 - Recordkeeping and Labeling | ||
| Section 114.448 - Registration | ||
| Section 114.449 - Affected Counties and Compliance Dates | ||
| The proposed new sections to Chapter 114 are one element of the control strategy to control ground-level ozone in the Houston/Galveston (HGA) ozone nonattainment area, through the establishment of a nitrogen oxide (NOx) reduction technology incentive program. The proposed rules will reduce NOx emissions in the HGA ozone nonattainment area and thus contribute to the attainment of the one-hour ozone standard. (Alan Henderson/Sam Wells) (Rule Log No. 2000-011M-114-AI). | ||
| Reposted as Item #22 | ||
| Item 14. | Docket No. 2000-0746-RUL. Consideration for publication of and hearing upon, the following proposed new sections of Chapter 114, Control of Air Pollution from Motor Vehicles; new Subchapter J, Operational Controls for Motor Vehicles; new Division 1, Motor Vehicle Idling Limitations; and corresponding revisions to the state implementation plan: | |
| Section 114.500 - Definitions | ||
| Section 114.502 - Control Requirements for Motor Vehicle Idling | ||
| Section 114.507 - Exemptions | ||
| Section 114.509 - Affected Counties and Compliance Dates | ||
| The proposed new sections to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The proposed rules establish a heavy-duty motor vehicle idle limit control strategy to reduce nitrogen oxide emissions, and are necessary for the counties included in the HGA ozone nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. (Alan Henderson/Scott Carpenter) (Rule Log No. 2000-011N-114-AI). | ||
| Approve publication and hearing, RH/JB. All Agree | ||
| Item 15. | Docket No. 2000-0772-RUL. Consideration for publication of and hearing upon, the following proposed new sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter I, Non-road Engines; new Division 6, Lawn Service Equipment Operating Restrictions; and corresponding revisions to the state implementation plan. | |
| Section 114.452 - Control Requirements | ||
| Section 114.459 - Affected Counties and Compliance Dates | ||
| The proposed amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The proposed rules establish a limitation on the morning hour use of lawn service equipment as an air pollution control strategy in the HGA area to delay emissions of oxides of nitrogen until later in the day, thus limiting ozone production. The proposed rules are necessary for the counties included in the HGA nonattainment area to be able to demonstrate attainment with the national ambient air quality standard for ozone. (Alan Henderson/Roland Castaneda) (Rule Log No. 2000-011O-114-AI). | ||
| Approve publication and hearing, RH/JB. All Agree | ||
| Item 16. | Docket No. 2000-0748-RUL. Consideration for publication of, and hearing upon, proposed new sections to 30 TAC Chapter 101, General Air Quality Rules, Section 101.300, Definitions; Section 101.301, Purpose; Section 101.302, General Provisions; Section 101.303, Protocols; Section 101.304, Program Audits; Section 101.350, Definitions; Section 101.351, Applicability; Section 101.352, General Provisions; Section 101.353, Allocation of Allowances; Section 101.354, Allowance Deductions; Section 101.356, Allowance Banking and Trading; Section 101.358, Emission Monitoring and Compliance Demonstration; Section 101.359, Reporting; Section 101.360, Level of Activity Certification; Section 101.370, Definitions; Section 101.371, Purpose; Section 101.372, General Provisions; Section 101.373, Protocols; and Section 101.374, Program Audits. | |
| Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; Section 115.950, Emissions Trading; and to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compound, Section 117.570, Trading. | ||
| Consideration for publication of, and hearing upon, the proposed repeal of Section 101.29, Emission Credit Banking and Trading. The new and amended sections and the repeal will modify the emission banking and trading rules for the state, implement an emission cap and trade program for nitrogen oxides in the Houston/Galveston ozone nonattainment area, and implement a cap on emissions of nitrogen oxides in the Houston/Galveston nonattainment area. The new and amended sections and the repeal will be submitted to the United States Environmental Protection Agency as revisions to the state implementation plan. (Matt Baker/Beecher Cameron) (Rule Log No. 1998-089-101-AI). | ||
| Approve publication and hearing, JB/RM. All Agree | ||
| Item 17. | Docket No. 2000-0718-RUL. Consideration for publication of and hearing upon, proposed amendments to the following sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles; Subchapter A, Definitions; Subchapter H, Low Emission Fuels, Division 2, Low Emission Diesel; and corresponding revisions to the state implementation plan. | ||
| Section 114.6 - Low Emission Fuel Definitions | |||
| Section 114.312 - Low Emission Diesel Standards | |||
| Section 114.313 - Designated Alternate Limits | |||
| Section 114.314 - Registration of Diesel Producers and Importers | |||
| Section 114.315 - Approved Test Methods | |||
| Section 114.316 - Monitoring, Recordkeeping, and Reporting Requirements | |||
| Section 114.317 - Exemptions to Low Emission Diesel Requirements | |||
| Section 114.319 - Affected Counties and Compliance Dates | |||
| The proposed amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. The proposed rules establish a low emission diesel fuel control strategy for on-road fuel statewide and for non-road fuel in the four-county Dallas/Fort Worth nonattainment area, the eight-county HGA nonattainment area, the three-county Beaumont/Port Arthur nonattainment area, and the 95-county central and eastern Texas region to be able to demonstrate and maintain attainment with the ozone national ambient air quality standard. (Alan Henderson/Morris Brown) (Rule Log No. 2000-011D-114-AI). | |||
| Approve publication and hearing, RH/JB. All Agree | |||
| Item 18. | Docket No. 2000-0771-RUL. Consideration for publication of and hearing upon, the following proposed amended sections of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter I, Non-road Engines, Division 3, Non-Road Large Spark-Ignition Engines, and corresponding revisions to the state implementation plan: | ||
| Section 114.421 - Emission Specifications | |||
| Section 114.429 - Affected Counties and Compliance Schedules | |||
| The proposed amendments to Chapter 114 are one element of the control strategy in the Houston/Galveston (HGA) ozone nonattainment area in order to control ground-level ozone. This proposed expansion of the existing non-road large spark-ignition (LSI) engine rules to the eight-county HGA nonattainment area will contribute to the attainment of the one-hour ozone standard in the HGA area. The extension of these rules statewide should also contribute to maintenance of the ozone standard in all other areas of the state. (Alan Henderson/Roland Castaneda) (Rule Log No. 2000-011G-114-AI). | |||
| Approve publication and hearing, RH/JB. All Agree | |||
| Item 19. | Docket No. 2000-0717-RUL. Consideration for publication of and hearing upon, the following proposed new and amended sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, and corresponding revisions to the State Implementation Plan: | ||
| Proposed New - | |||
| Section 117.114 | Emission Testing and Monitoring for the Houston/Galveston Demonstration | ||
| Section 117.210 | System Cap | ||
| Section 117.214 | Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration | ||
| Section 117.471 | Applicability | ||
| Section 117.473 | Exemptions | ||
| Section 117.475 | Emission Specifications | ||
| Section 117.478 | Operating Requirements | ||
| Section 117.479 | Monitoring, Recordkeeping, and Reporting Requirements | ||
| Section 117.534 | Compliance Schedule for Boilers, Process Heaters, and Stationary Engines at Minor Sources | ||
| Proposed Amended - | |||
| Section 117.10 | Definitions | ||
| Section 117.101 | Applicability | ||
| Section 117.103 | Exemptions | ||
| Section 117.105 | Emission Specifications for Reasonably Available Control Technology (RACT) | ||
| Section 117.106 | Emission Specifications for Attainment Demonstrations | ||
| Section 117.108 | System Cap | ||
| Section 117.111 | Initial Demonstration of Compliance | ||
| Section 117.113 | Continuous Demonstration of Compliance | ||
| Section 117.116 | Final Control Plan Procedures for Attainment Demonstration Emission Specifications | ||
| Section 117.119 | Notification, Recordkeeping, and Reporting Requirements | ||
| Section 117.121 | Alternative Case Specific Specifications | ||
| Section 117.138 | System Cap | ||
| Section 117.201 | Applicability | ||
| Section 117.203 | Exemptions | ||
| Section 117.205 | Emission Specifications for Reasonably Available Control Technology (RACT) | ||
| Section 117.206 | Emission Specifications for Attainment Demonstrations | ||
| Section 117.207 | Alternative Plant-wide Emission Specifications | ||
| Section 117.208 | Operating Requirements | ||
| Section 117.211 | Initial Demonstration of Compliance | ||
| Section 117.213 | Continuous Demonstration of Compliance | ||
| Section 117.216 | Final Control Plan Procedures for Attainment Demonstration Emission Specifications | ||
| Section 117.219 | Notification, Recordkeeping, and Reporting Requirements | ||
| Section 117.221 | Alternative Case Specific Specifications | ||
| Section 117.510 | Compliance Schedule for Utility Electric Generation in Ozone Nonattainment Areas | ||
| Section 117.520 | Compliance Schedule for Industrial, Commercial, and Institutional, and Industrial Combustion Sources in Ozone Nonattainment Areas | ||
| The proposed changes to Chapter 117 would require a wide variety of stationary sources of nitrogen oxides (NOx) emissions in the Houston/Galveston (HGA) ozone nonattainment area to meet new emission specifications and other requirements in order to reduce NOx emissions and ozone air pollution. The affected equipment types and processes include electric utility boilers and gas turbines; industrial, commercial, and institutional (ICI) boilers and gas turbines; duct burners used in turbine exhaust ducts; process heaters and furnaces; stationary internal combustion engines; fluid catalytic cracking units (including catalyst regenerators and associated carbon monoxide (CO) boilers and furnaces); pulping liquor recovery furnaces; lime kilns; lightweight aggregate kilns; heat treating furnaces; reheat furnaces; magnesium chloride fluidized bed dryers; incinerators (including fume abaters); and hazardous waste-fired boilers and industrial furnaces (BIFs) at major sources in HGA; and stationary internal combustion engines, boilers, and process heaters at minor sources in HGA. The amendments also reorganize and modify existing portions of the Chapter 117 rules which apply in the Beaumont/Port Arthur, Dallas/Fort Worth, and HGA ozone nonattainment areas in order to improve implementation of the existing Chapter 117. (Randy Hamilton/Eddie Mack) (Rule Log No. 2000-011H-117-AI) | |||
| Approve publication and hearing, RH/JB. All Agree | |||
| Item 20. | Docket No. 2000-0640-RUL. Consideration for publication of, and hearing on, the following proposed new and amended sections of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and corresponding revisions to the State Implementation Plan. | ||
| amended - Section 115.10 | Definitions | ||
| amended - Section 115.122 | Control Requirements | ||
| amended - Section 115.125 | Testing Requirements | ||
| amended - Section 115.126 | Monitoring and Recordkeeping Requirements | ||
| amended - Section 115.127 | Exemptions | ||
| amended - Section 115.129 | Counties and Compliance Schedules | ||
| amended - Section 115.161 | Applicability | ||
| amended - Section 115.162 | Control Requirements | ||
| amended - Section 115.164 | Determination of Emissions and Flow Rates | ||
| amended - Section 115.165 | Approved Test Methods and Testing Requirements | ||
| amended - Section 115.166 | Recordkeeping Requirements | ||
| amended - Section 115.167 | Exemptions | ||
| amended - Section 115.169 | Counties and Compliance Schedules | ||
| amended - Section 115.211 | Emission Specifications | ||
| amended - Section 115.212 | Control Requirements | ||
| amended - Section 115.216 | Monitoring and Recordkeeping Requirements | ||
| new - Section 115.240 | Stage II Vapor Recovery Definitions | ||
| new - Section 115.430 | Flexographic and Rotogravure Printing Definitions | ||
| amended - Section 115.449 | Counties and Compliance Schedules | ||
| These amendments will ensure the implementation of reasonably available control technology for major volatile organic compound sources (batch processes, bakeries, and offset lithographic printers) in the Houston/Galveston ozone nonattainment area. The amendments also reorganize and modify existing portions of the Chapter 115 rules which apply in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston ozone nonattainment areas and in Aransas, Bexar, Calhoun, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties in order to improve implementation of the existing Chapter 115. (Eddie Mack) (Rule Log No. 2000-011i-115-AI) | |||
| Approve publication and hearing, RH/JB. All Agree | |||
| Item 21. | Docket No. 2000-0768-RUL. Consideration for publication of, and hearing upon, the following proposed new sections in Subchapter H, Low Emission Fuels; new Division 4, Diesel Emulsion Fuel; in Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan. | ||
| Section 114.330 - Definitions | |||
| Section 114.331 - Applicability | |||
| Section 114.332 - Diesel Emulsion Standards | |||
| Section 114.336 - Recordkeeping and Labeling | |||
| Section 114.338 - Registration | |||
| Section 114.339 - Affected Counties and Compliance Dates | |||
| The proposed new sections to Chapter 114 are one element of the control strategy to control ground-level ozone in the Houston/Galveston (HGA) ozone nonattainment area to be able to demonstrate attainment of the one-hour ozone standard. The proposed rules establish a diesel emulsion fuel control strategy. The proposed rules establish a diesel emulsion fuel control strategy in the eight-county HGA ozone nonattainment area and potentially could cover the 95-county central and eastern Texas region. (Alan Henderson/Sam Wells) (Rule Log No. 2000-011K-114-AI). | |||
| Approve publication and hearing, RH/JB. All Agree | |||
| Item 22. | Docket No. 2000-0769-RUL. Consideration for publication of, and hearing upon, the following proposed new sections in Subchapter I, Non-road Engines; new Division 5, Nitrogen Oxides Reduction Systems; in Chapter 114, Control of Air Pollution from Motor Vehicles; and corresponding revisions to the state implementation plan. | ||
| Section 114.440 - Definitions | |||
| Section 114.441 - Applicability | |||
| Section 114.442 - Control Requirements | |||
| Section 114.445 - Emission Reduction Credits | |||
| Section 114.446 - Recordkeeping and Labeling | |||
| Section 114.448 - Registration | |||
| Section 114.449 - Affected Counties and Compliance Dates | |||
| The proposed new sections to Chapter 114 are one element of the control strategy to control ground-level ozone in the Houston/Galveston (HGA) ozone nonattainment area, through the establishment of a nitrogen oxides (NOx) reduction systems program. The proposed rules will reduce NOx emissions in the HGA ozone nonattainment area and thus contribute to the attainment of the one-hour ozone standard. (Alan Henderson/Sam Wells) (Rule Log No. 2000-011M-114-AI). | |||
| Approve publication and hearing, RH/JB. All Agree | |||
| Item 23. | Docket No. 2000-0826-SIP. Consideration for publication of, and hearing upon, an agreement with Continental Airlines, Inc., and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the George Bush Intercontinental Airport in Houston, Harris County, Texas. (Bill Jordan) | ||
| Approve agreed order, RM/RH. All Agree | |||
| Item 24. | Docket No. 2000-0827-SIP. Consideration for publication of, and hearing upon, an agreement with Southwest Airlines, Inc., and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the William P. Hobby Airport in Houston, Harris County, Texas. (Bill Jordan) | ||
| Continued to August 23, 2000 | |||
| Item 25. | Docket No. 2000-0828-SIP. Consideration for publication of, and hearing upon, an agreement with the City of Houston, and corresponding revisions to the State Implementation Plan (SIP) for ozone control. The agreement and revised SIP would make federally enforceable certain local ozone precursor emission reductions of nitrogen oxides from sources at the George Bush Intercontinental Airport, William P. Hobby Airport, and Ellington Field in Houston, Harris County, Texas. (Bill Jordan) | ||
| Continued to August 23, 2000 | |||