|
HEARING REQUESTS |
|
| Item 1. |
Docket No. 2000-1145-AIR. Consideration of an application by Shell Oil Company
for renewal of Air Quality Permit No. 9334 to authorize continued operation of the
Aromatics Concentration Unit at the Deer Park facility. The existing facility is
located in Deer Park, Harris County, Texas. (TCAA §382.056(g) & (o) applies to
this permit renewal.) The Commission will also consider requests for hearing or
reconsideration, related responses and replies, public comment and the Executive
Director's Response to Comments. (Stephen Anderson/Garrett Arthur) |
|
| Deny hearing request, issue permit and adopt Executive Director's Comments, JB/RM. All Agree |
|
| Item 2. |
Docket No. 2000-0986-AIR. Consideration of application by TXI Operations, LP
for Permit by Rule Registration No. 12327A for installation of a concrete batch plant.
The proposed facility will be located approximately 1/4 mile west of the intersection
of US Highway 289 and County Road 53 near Celina, Collin County. The
Commission will also consider requests for hearing or reconsideration, related
responses and replies, public comment, and the Executive Director's Response to
Comments. (Wesley Smith / Garrett Arthur) |
|
| Deny hearing request and approve Executive Director's Comments, JB/RH. All Agree |
|
|
MODIFY, AFFIRM, OR SET ASIDE AN EMERGENCY ORDER |
|
| Item 3. |
Docket No. 2000-1189-PWS-E. Consideration of whether to Modify, Affirm, or Set
Aside an Emergency Order issued on October 24, 2000 by the Executive Director of
the Texas Natural Resource Conservation Commission ("TNRCC") pursuant to Tex.
Water Code Section 5.501(c)(1). The Emergency Order appointed John Fultz as
temporary manager of the retail public utility ("Utility") - the certificate of
convenience and necessity for the Utility is held by Jim and Charlene Perdue dba
Mount Pleasant Water System - pursuant to ch. 13 of the Tex. Water Code and the
rules of the TNRCC, to address the abandonment of the Utility by Jim and Charlene
Perdue dba Mount Pleasant Water System; to ensure continued operation of the
Utility; and to provide continuous and adequate service to customers. (Joshua
Olszewski) |
|
| Affirm Executive Director's Emergency Order, RM/JB. All Agree |
|
|
PUBLIC WATER SUPPLY DEFAULT ORDER |
|
| Item 4. |
Docket No. 1999-1571-PWS-E. Consideration of a Default Order assessing
administrative penalties and requiring certain actions of Thomas Chalkley & Alfred
B. Chalkley dba Arrowhead Village in Comal County; TNRCC ID NO. 0460011;
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.
(Rebecca Petty) |
|
| Issue Default Order, RH/JB. All Agree |
|
|
PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDER |
|
| Item 5. |
Docket No. 2000-0399-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Buda in Hays
County; Public Water Supply No. 1050012; for drinking water quality violations
pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural
Resource Conservation Commission. (Lawrence King, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 6. |
Docket No. 2000-0422-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Stan and Trudy Gillem dba
Country Villa Mobile Home Park in Bee County; Public Water Supply ID No.
0130058; for drinking water quality violations pursuant to Tex. Health & Safety Code
ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Gary
L. McDonald, Terry Thompson) |
| |
| Remanded to Executive Director |
|
| Item 7. |
Docket No. 2000-0582-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Dogwood Estates Water Co.
in Henderson County; Public Water Supply No. 1070043; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Kimberly McGuire, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 8. |
Docket No. 2000-0458-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Granite Shoals in
Burnet County; Public Water Supply No. 0270107; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Lawrence King, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 9. |
Docket No. 2000-0207-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Grapevine Lake Estates
Water Supply Corporation in Tarrant County; Public Water Supply No. 2200050;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Natural Resource Conservation Commission. (Wendy
Cooper, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 10. |
Docket No. 2000-0352-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sam Rayburn Water, Inc.
dba Hickory Hollow Water Supply in San Augustine County; Public Water Supply
No. 2030005; for drinking water quality violations pursuant to Tex. Health & Safety
Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission.
(Susan Kelly, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 11. |
Docket No. 2000-0656-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Ingram Independent School
District in Kerr County; Public Water Supply No. 1330100; for drinking water
quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the
Texas Natural Resource Conservation Commission. (Gloria Stanford, Terry
Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 12. |
Docket No. 2000-0756-PWS-E. Consideration of an Agreed Order assessing
administrative penalties against Inderjeet Singh Mangat and Mansukh Singh
Mangat dba Kountry Kwik in Harris County; Public Water Supply No. 1012461;
for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341
and the rules of the Texas Natural Resource Conservation Commission. (Subhash
Jain, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 13. |
Docket No. 1999-1552-PWS-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mrs. Janice Musgrove and
the Estate of Mr. Jimmy Musgrove dba Oaks and Elms Mobile Home Park in
Bowie County; Public Water Supply ID No. 0190065; for drinking water quality
violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas
Natural Resource Conservation Commission. (Carolyn V. Lind, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
|
MULTI-MEDIA ENFORCEMENT AGREED ORDER |
|
| Item 14. |
Docket No. 1999-1509-MLM-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Kennard in
Houston County; Public Water Supply No. 1130011 and TPDES Permit No.
11474-001 (formerly Water Quality Permit No. 11474-001 and NPDES Permit No.
TX0056596); 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. (Jayme Brown, Terry Thompson) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
|
MULTI-MEDIA ENFORCEMENT DEFAULT ORDER |
|
| Item 15. |
Docket No. 2000-0192-MLM-E. Consideration of a Default Order assessing
administrative penalties against Fred F. Bonnett in Uvalde County; TNRCC ID NO.
UC-0058-S; for municipal solid waste violations pursuant to the Texas Solid Waste
Disposal Act, ch 361 of the Tex. Health & Safety Code, and the rules of the Texas
Natural Resource Conservation Commission. (Rebecca Petty) |
|
| Issue Default, RM/JB. All Agree |
|
|
AIR ENFORCEMENT ORDER OF TERMINATION |
|
| Item 16. |
Docket No. 2000-1313-AIR-E. Consideration of an Order to terminate a September
1, 1992 Agreed Board Order that assessed administrative penalties and required
certain actions of Trinity Industries, Inc. in Jefferson County; TNRCC ID No.
JE-0016-C; for air quality violations 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. (Scott McDonald) |
|
| Approve order to terminate a September 1, 1992 agreed board order, RM/RH. All Agree |
|
|
AIR ENFORCEMENT AGREED ORDERS |
|
| Item 17. |
Docket No. 1999-0096-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Sherman Foundry, a
Division of Hamilton Foundry & Machine Co., in Grayson County; TNRCC ID
No. GI-0058-D; for air quality violations pursuant to the Texas Clean Air Act, ch. 382
of the Tex. Health & Safety Code, Tex. Water Code ch. 26, and the rules of the Texas
Natural Resource Conservation Commission. (Booker Harrison) |
| |
| Remanded to Executive Director |
|
| Item 18. |
Docket No. 2000-0813-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Copano Company in Refugio County; TNRCC Air
Account No. RG-0041-G; for air quality violations pursuant to Tex. Health & Safety
Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource
Conservation Commission. (Gary L. McDonald, Mike Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 19. |
Docket No. 2000-0492-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Empire Truck Lines, Inc. in
Harris County; Air Account No. HX-2366-K; 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. (Tel Croston, Mike Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 20. |
Docket No. 2000-0117-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Goodyear Tire and Rubber
Company in Jefferson County; Air Account No. JE-0039-N; for air quality
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and
the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly,
Mike Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 21. |
Docket No. 2000-0671-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Rogelio Salazar dba Salazar
Custom Paint and Body in Angelina County; TNRCC Air Account No.
AC-0142-U; 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, Mike Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 22. |
Docket No. 1999-0044-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Robert Perez dba Quality Auto Sales in Wharton
County; Air Account No. WF-0158-P; 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. (Faye Liu, Mike
Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 23. |
Docket No. 2000-0752-AIR-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Quintana Petroleum
Corporation in Refugio County; TNRCC Air Account Number RG-0047-R; for air
quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code
ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Audra
Baumgartner, Mike Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 24. |
Docket No. 2000-0848-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Shell Western E & P in Hidalgo County; Air
Account No. HN-0294-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. (Stacey Young, Mike Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 25. |
Docket No. 2000-0509-AIR-E. Consideration of an Agreed Order assessing
administrative penalties against Wencho's Gas and Food Mart, Incorporated in El
Paso County; Air Account No. EE-1228-E; for air quality violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Stacey Young, Mike Meyer) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
INDUSTRIAL HAZARDOUS WASTE ENFORCEMENT AGREED ORDER |
|
| Item 26. |
Docket No. 2000-0519-IHW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Equistar Chemicals, L.P. in
Harris County; Solid Waste Registration No. 85436; for industrial & hazardous
waste violations pursuant to Tex. Health & Safety Code chs. 341 and 361, Tex. Water
Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission.
(Catherine Sherman, Gloria Stanford) |
|
| Remanded to Executive Director |
|
|
INDUSTRIAL WASTE DISCHARGE AGREED ORDERS |
|
| Item 27. |
Docket No. 2000-0350-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Empak, Inc. in Harris
County; Water Quality Permit No. 01731-000; 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, Terry Thompson) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 28. |
Docket No. 2000-0212-IWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Houston in
Harris County; No Permit; for water quality violations pursuant to Tex. Water Code
chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission.
(Catherine Albrecht, Terry Thompson) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
MUNICIPAL SOLID WASTE ENFORCEMENT AGREED ORDERS |
|
| Item 29. |
Docket No. 1999-0308-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Weslaco in
Hidalgo County; TNRCC ID No. 258; for municipal solid waste violations pursuant
to the Texas Solid Waste Disposal Act, ch. 361 of the Tex. Health & Safety Code, and
the rules of the Texas Natural Resource Conservation Commission. (Scott McDonald) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
| Item 30. |
Docket No. 1999-1241-MSW-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Quality Recycling of
America, Inc. dba Quality Tire Recycling in Bexar County; Tire Generator
Registration No. 14964; for municipal solid waste violations pursuant to the 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. (Malcolm A.
Ferris, Gloria Stanford) |
|
| Issue Agreed Order, RH/RM. All Agree |
|
|
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS |
|
| Item 31. |
Docket No. 2000-0251-MWD-E. Consideration of an Agreed Order assessing
administrative penalties of Coastal Bend Youth City, Inc. in Nueces County;
TNRCC Permit No. 0011689-001; for water quality violations pursuant to Tex. Water
Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation
Commission. (Audra Baumgartner, Terry Thompson) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 32. |
Docket No. 2000-0606-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against Harris County Municipal Utility District No. 286 in
Harris County; TPDES Permit No. 13020-001; 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, Terry Thompson) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 33. |
Docket No. 2000-0650-MWD-E. Consideration of an Agreed Order assessing
administrative penalties against the City of Pilot Point in Denton County; TPDES
Permit No. 10361-001 (former NPDES Permit No. TX0022659 and Water Quality
Permit No. 10361-001); 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, Terry Thompson) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
| Item 34. |
Docket No. 2000-0522-MWD-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of the City of Wellman in
Terry County; Water Quality Permit No. 13642-001; for water quality violations
pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural
Resource Conservation Commission. (Gary Shipp, Terry Thompson) |
|
| Issue Agreed Order, RM/RH. All Agree |
|
|
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS |
|
| Item 35. |
Docket No. 1999-0684-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Hibah, Incorporated in Harris County; TNRCC ID
No. 66479; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water
Code, ch. 382 of the Tex. Health and Safety Code, and the rules of the Texas Natural
Resource Conservation Commission. |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 36. |
Docket No. 1999-1409-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Jesse Deanda dba Thornton
Soil Recycling Center and U. E. T. C. of Texas, Ltd. dba Thornton Soil Recycling
Center in Limestone County; TNRCC ID NO. 81112; for the petroleum storage tank
violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas
Natural Resource Conservation Commission. (Booker Harrison) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 37. |
Docket No. 2000-0647-PST-E. Consideration of an Agreed Order assessing
administrative penalties against ARH Enterprises, Incorporated in Dallas County;
PST Facility ID No. 0006209; for petroleum storage tank violations pursuant to Tex.
Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas
Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Gloria Stanford) |
| |
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 38. |
Docket No. 2000-0468-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of Mr. Edward Sykora dba
Bubba's No. 3 in Tarrant County; PST Facility ID No. 0044847; for petroleum
storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Gary Shipp, Gloria Stanford) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 39. |
Docket No. 2000-0449-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Shaheen Grocery, Inc. in Galveston County;
Petroleum Storage Tank ID No. 0029846; for petroleum storage tank violations
pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules
of the Texas Natural Resource Conservation Commission. (Kent Heath, Gloria
Stanford) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 40. |
Docket No. 2000-0127-PST-E. Consideration of an Agreed Order assessing
administrative penalties and requiring certain actions of SAGAR Enterprises, Inc.
dba Shop 'N' Get in Brazoria County; PST Facility ID No. 0056925; for petroleum
storage tank violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water
Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation
Commission. (Trina Lewison, Gloria Stanford) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
| Item 41. |
Docket No. 2000-0589-PST-E. Consideration of an Agreed Order assessing
administrative penalties against Mohinder Pall dba Texaco Food Mart in Collin
County; Petroleum Storage Tank Facility ID No. 0009810; for petroleum storage tank
violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and
26, and the rules of the Texas Natural Resource Conservation Commission. (Michael
De La Cruz, Gloria Stanford) |
|
| Issue Agreed Order, RM/JB. All Agree |
|
|
SUPERFUND |
|
| Item 42. |
Docket No. 2000-1224-SPF. Consideration of an Administrative Order (AO) to
conduct remedial activities at the Texas American Oil State Superfund Site (TXD
980696934) in Midlothian, Ellis County, Texas. (Garrett Arthur, Subhash C. Pal) |
|
| Approve Administrative Order, RH/RM. All Agree |
|
|
AUTHORIZATION TO CONSTRUCT |
|
| Item 43. |
Docket No. 2000-1220-IWD. Consideration of an Authorization to Construct a
Wastewater Treatment Plant under Tex. Water Code, Sections 26.019 and 26.027(c)
by the City of Cactus. If granted by the Commission, this would allow the City of
Cactus to construct the wastewater treatment plant in Moore County, Texas, before
Commission consideration of its application for a wastewater permit. However, it
would not authorize operation of the new treatment plant. (Guy Henry & Chris
Linendoll) |
|
| Approve Authorization to Construct with corrections and approve the wetlands only, RM/RH. All
Agree |
|
|
PETITION FOR RULEMAKING |
|
| Item 44. |
Docket No. 2000-1317-RUL. Consideration of a petition for rulemaking filed by
Tom Lake, Cameron, Texas requesting that the commission amend 30 TAC Chapter
20, Rulemaking, Section 20.3, APA Rulemaking. |
|
|
The proposed amendment would more fully implement the provision of Texas
Government Code, Section 2001.004, Requirement to Adopt Rules of Practice and
Index Rules, Order, and Decisions, which requires the agency to index and cross-index to statute its rules, final orders, decisions and opinions. (Kathy Ramirez) (Rules
Log No. 2000-058-PET-AD) |
|
| Approve petition and initiate rulemaking, RH/RM. All Agree |
|
|
DISTRICT MATTER |
|
| Item 45. |
Docket No. 2000-1152-DIS. Consideration for Approval of fire protection plan and
contract providing fire-fighting services for Clear Brook City Municipal Utility
District of Harris County. |
|
| Approve fire protection plan and contract, JB/RH. All Agree |
|
|
EXECUTIVE SESSION |
|
| Item 46. |
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 47. |
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 48. |
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 |
|
|
(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. |
Docket No. 2000-0734-RUL. Consideration for withdrawal of 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. |
|
|
Section 114.460 - Definitions |
|
Section 114.462 - Control Requirements |
|
Section 114.466 - Reporting and Recordkeeping Requirements |
|
Section 114.469 - Affected Counties and Compliance Schedules |
|
|
The proposal was published in the August 25, 2000 issue of the Texas Register (25
TexReg 8222). (Alan Henderson/Roland Castaneda) (Rule Log No.
2000-011E-114-AI). |
|
| No Action Required item withdrawn |
|
| Item 2. |
Docket No. 2000-0770-RUL. Consideration for withdrawal of the following
proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor
Vehicles; Subchapter H, Low Emission Fuels; Division 3, Low Sulfur Gasoline. |
|
|
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 proposal was published in the August 25, 2000 issue of the Texas Register (25
TexReg 8188). (Alan Henderson/Morris Brown) (Rule Log No. 2000-011F-114-AI). |
|
| No Action Required item withdrawn |
|
| Item 3. |
Docket No. 2000-0750-RUL. Consideration for withdrawal of the following
proposed new sections in new 30 TAC Chapter 110, Reduction of Air Pollution from
Ozone. |
|
|
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 proposal was published in the August 25, 2000 issue of the Texas Register (25
TexReg 8164). (Alan Henderson/Rex Shaddox) (Rule Log No. 2000-011J-110-AI). |
|
| No Action Required item withdrawn |
|
| Item 4. |
Docket No. 2000-0768-RUL. Consideration for withdrawal of the following
proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor
Vehicles; Subchapter H, Low Emission Fuels; new Division 4, Diesel Emulsion Fuel. |
|
|
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 proposal was published in the August 25, 2000 issue of the Texas Register (25
TexReg 8196). (Alan Henderson/Bruce Uphaus) (Rule Log No. 2000-011K-114-AI). |
|
| No Action Required item withdrawn |
|
| Item 5. |
Docket No. 2000-0769-RUL. Consideration for withdrawal of the following
proposed new sections in 30 TAC Chapter 114, Control of Air Pollution from Motor
Vehicles; Subchapter I, Non-road Engines; new Division 5, Nitrogen Oxides
Reduction Systems. |
|
|
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 proposal was published in the August 25, 2000 issue of the Texas Register (25
TexReg 8209). (Alan Henderson/Bruce Uphaus) (Rule Log No. 2000-011M-114-AI). |
|
| No Action Required item withdrawn |
|
| Item 6. |
Docket No. 2000-0773-SIP. Consideration for adoption of revisions to the State
Implementation Plan (SIP) concerning the attainment demonstration for the
Houston/Galveston ozone nonattainment area. This SIP revision contains control
strategies, results of photochemical modeling, technical documentation in support of
the attainment demonstration, enforceable commitments to adopt strategies to fill the
shortfall in emission reductions necessary to demonstrate attainment, and a
commitment and plan for completing a mid-course review in 2004. This SIP revision
also contains Rate-of-Progress plans for the milestone years 2002, 2005, and 2007.
(Bill Jordan) (Rule Log No. 2000-011-SIP-AI) |
|
| Item 6 - 16. Recommend adoption with changes as recommended by staff and commissioners,
RM/RH. All Agree |
|
| Item 7. |
Docket No. 2000-0638-RUL. Consideration for adoption of amendments to the
following sections in 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 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 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 rules are necessary to reduce emissions of oxides of nitrogen
sufficiently 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
amendments also incorporate program changes which will apply in all I/M program
areas. The proposal was published in the August 25, 2000 issue of the Texas Register
(25 TexReg 8180). (Alan Henderson/Bob Wierzowiecki) (Rule Log No.
2000-011A-114-AI). |
|
| Adopt |
|
| Item 8. |
Docket No. 2000-0662-RUL. Consideration for adoption of the following new
sections in 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 new sections in 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 rules establish a limitation on the morning hour use of heavy-duty,
non-road diesel construction and industrial 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 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. The
proposal was published in the August 25, 2000 issue of the Texas Register (25
TexReg 8240) (Alan Henderson/Gayla McCarty). (Rule Log No. 2000-011B-114-AI). |
|
| Adopt |
|
| Item 9. |
Docket No. 2000-0694-RUL. Consideration for adoption of the following 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 new sections in 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 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. The proposal was published in the August 25, 2000 issue of the
Texas Register (25 TexReg 8230). (Alan Henderson/Ken Gathright) (Rule Log No.
2000-011C-114-AI). |
|
| Adopt |
|
| Item 10. |
Docket No. 2000-0718-RUL. Consideration for adoption of amendments to the
following sections in 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 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 amended 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. The proposal was published in the August 25,
2000 issue of the Texas Register (25 TexReg 8169). (Alan Henderson/Morris Brown)
(Rule Log No. 2000-011D-114-AI). |
|
| Item 11. |
Docket No. 2000-0771-RUL. Consideration for adoption of the following amended
sections in 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 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 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. The proposal was published in the August 25, 2000 issue of the Texas Register
(25 TexReg 8203) (Alan Henderson/Roland Castaneda) (Rule Log No.
2000-011G-114-AI). |
|
| Item 12. |
Docket No. 2000-0717-RUL. Consideration for adoption of the following new and
amended sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen
Compounds, and corresponding revisions to the State Implementation Plan. |
|
|
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 |
|
|
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 |
|
|
If adopted, these amendments 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; metallurgical heat treating furnaces and reheat furnaces;
magnesium chloride fluidized bed dryers; incinerators; enclosed control devices that
combust or oxidize gases or vapors; 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. In addition, the amendments
would 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. The proposed
amendments were published in the August 25, 2000, issue of the Texas Register (25
TexReg 8275). (Randy Hamilton/Eddie Mack) (Rule Log No. 2000-011H-117-AI) |
|
| Item 13. |
Docket No. 2000-0640-RUL. Consideration for adoption of the following 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 |
|
|
If adopted, these amendments would 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. In addition, the amendments would 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. The
proposed amendments were published in the August 25, 2000, issue of the Texas
Register (25 TexReg 8253). (Eddie Mack) (Rule Log No. 2000-011i-115-AI) |
|
| Item 14. |
Docket No. 2000-0746-RUL. Consideration for adoption of the following new
sections in 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 new sections in 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 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. The proposal was published in the August 25,
2000 issue of the Texas Register (25 TexReg 8247) (Alan Henderson/Scott Carpenter)
(Rule Log No. 2000-011N-114-AI). |
|
| Item 15. |
Docket No. 2000-0772-RUL. Consideration for adoption of the following new
sections in 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 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 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 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. The
proposal was published in the August 25, 2000 issue of the Texas Register (25
TexReg 8216) (Alan Henderson/Roland Castaneda) (Rule Log No.
2000-011O-114-AI). |
|
| Item 16. |
Docket No. 2000-0748-RUL. Consideration for adoption of the 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 adoption of the repeal of Section 101.29, Emission Credit Banking
and Trading. |
|
|
Consideration for adoption of the 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. |
| |
|
The repeal, amendments, and new sections will modify and consolidate the emission
banking and trading rules for the state and implement an emission cap and trade
program for nitrogen oxides in the Houston/Galveston ozone nonattainment area. The
repeal, amendments, and new sections will be submitted to the United States
Environmental Protection Agency as revisions to the state implementation plan. The
proposed repeal, amendments, and new sections were published in the August 25,
2000 issue of the Texas Register (25 TexReg 8137, 8272, 8318). (Matt Baker/Beecher
Cameron) (Rule Log No. 1998-089-101-AI). |
|
| Adopt rules 6 - 16 with changes to rules as recommended by staff and commissioners, RM/RH. All
Agree |