REED

MARQUEZ - ABSENT FOR ITEMS 26 - 50, 62 & 66

CONTESTED AGENDA

Wednesday, June 14, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

UNCONTESTED (Temporary Variance)

Item 1. Docket No. 95-0894-MWD. REQUEST BY CITY OF GAINESVILLE for a temporary variance to the existing water quality standards for the Elm Fork Trinity River Above Roberts Lake in Segment No. 0824 of the Trinity River Basin. The variance would authorize a three year period in which to conduct a water quality study of the Elm Fork Trinity River Above Roberts Lake in Cooke County into which the City of Gainesville discharges treated domestic wastewater effluent. The study would show whether a site specific amendment to water quality standards is justified. Prior to the expiration of the three year variance period, the Commission will consider the site-specific standards and determine whether to adopt the standards or require the existing water quality standards to remain in effect. (Tom Weber)

Approved, PR/RM

UNCONTESTED (Municipal Waste Discharge Permit)

Item 2. Docket No. 95-0894-MWD. APPLICATION BY CITY OF GAINESVILLE for renewal of Permit No. 10726-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 4,140,000 gallons per day. The wastewater treatment facilities are on the east bank of the Elm Fork of the Trinity River and approximately 1.5 miles south of the intersection of Interstate Highway 35 and Farm-to-Market Road 51 in Cooke County, Texas. (Tom Weber)

Approved, PR/RM

UNCONTESTED (Class 2 Industrial Hazardous Waste Permit)

Item 3. Docket No. 95-0875-IHW. Consideration of an application by BASF CORPORATION - FREEPORT for a Class 2 Modification to Permit No. HW50128 in accordance with 30 TAC Section 305.69. The permit authorizes operation of an industrial solid waste storage and processing facility for the management of hazardous and Class I non-hazardous industrial solid waste. The permit modification will authorize revisions to the Contingency Plan. The facility is located on approximately 402 acres at 602 Copper Road, near the southwest quadrant of the State Highway #288B and State Highway #332 intersection in Freeport, Brazoria County, Texas. (Kari Bourland)

Issue Class 2 Modification, PR/RM

UNCONTESTED (Underground Injection Control Permit)

Item 4. Docket No. 95-0877-UIC. Consideration of an application by CHEVRON U.S.A., INC., DBA CHEVRON RESOURCES COMPANY for an amendment to the production area authorization for Production Area No. 1 under existing Permit No. UR02051-011 at its Palangana in situ uranium mine site. The proposed amendment would revise restoration values for conductivity, ammonia, molybdenum, radium-226 and alkalinity. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock. Chevron Resources Company has met the following criteria set forth in 30 TAC 331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Palangana site is approximately 5.4 miles north of Benavides, and .6 mile west of Farm Road 3196, in Duval County. Texas. The production zone is in the Goliad Formation at a depth of 230 to 390 feet below land surface. (Lisa Roberts)

Approved, PR/RM

UNCONTESTED (District Matters)

Item 5. Docket No. 95- 0292- DIS. CONSIDERATION OF A PROPOSED ORDER ACTING ON THE APPLICATION BY FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 FOR APPROVAL OF $3,660,000 UNLIMITED TAX AND REVENUE BONDS, TWELFTH ISSUE, 7.26% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests Commission approval of a bond issue to finance utility relocations, two replacement wells, wastewater trunk line and lift station improvements. (Robert Ferguson)

Approved, PR/RM

Item 6. Docket No. 95- 0591- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 120 FOR APPROVAL OF THE RELEASE OF $124,800 OF ESCROWED FUNDS AND FOR USE OF $232,600 IN SURPLUS FUNDS; $7,245,000 BOND ISSUE APPROVED FEBRUARY 20, 1985. For Commission consideration. Applicant requests Commission approval for the release of $124,800 of escrowed funds and the use of $232,600 in surplus funds for the acquisition of land for detention pond site. (Robert Ferguson)

Approved, PR/RM

Item 7. Docket No. 95- 0743- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 55 FOR AMENDMENT OF ORDER DATED MARCH 6, 1995, APPROVING $830,000 UNLIMITED TAX BONDS, THIRTEENTH ISSUE. For Commission consideration. Applicant requests approval of an amendment to the order approving the bond issue to increase the bond amount to $885,000 and authorize the issuance of unlimited tax bonds or unlimited tax & revenue bonds. (Robert Ferguson)

Approved, PR/RM

Item 8. Docket No. 95- 0878- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY FOR APPROVAL OF THE RELEASE OF $24,463 IN ESCROWED FUNDS; $4,550,000 BOND ISSUE APPROVED OCTOBER 4, 1985. For Commission consideration. Applicant requests approval of the release of $24,463 in escrowed funds to finance a utility relocation project. (Robert Ferguson)

Approved, PR/RM

Item 9. Docket No. 95- 0291- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 FOR APPROVAL OF $3,000,000 UNLIMITED TAX BOND ISSUE, FOURTH ISSUE, 7.33% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests approval of the issuance of $3,000,000 in unlimited tax bonds and the use of $136,000 in surplus funds to finance District's share of costs associated with water supply facilities. (Robert Ferguson)

Approved, PR/RM

Item 10. Docket No. 95- 0135- DIS. CONSIDERATION OF PROPOSED ORDER APPROVING THE APPLICATION BY HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 149 FOR APPROVAL OF A $1,500,000 UNLIMITED TAX AND REVENUE BOND ISSUE, SIXTH ISSUE, 7.710% NET EFFECTIVE INTEREST RATE, SERIES 1995. For Commission consideration. Applicant requests that the Commission approve a $1,500,000 Unlimited Tax and Revenue Sixth Bond Issue to fund expansion of District facilities. (Robert Ferguson)

Approved, PR/RM

Item 11. Docket No. 95- 0876- DIS. CONSIDERATION OF A PROPOSED ORDER APPROVING THE APPLICATION BY MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 FOR APPROVAL OF $615,000 UNLIMITED TAX AND REVENUE BONDS, PROPOSED SERIES 1995, THIRD ISSUE; TO THE TEXAS WATER DEVELOPMENT BOARD; 5.60% NET EFFECTIVE INTEREST RATE; PURSUANT TO V.T.C.A., TEXAS WATER CODE, SECTION 54.516. For Commission consideration. Applicant requests approval to issue bonds to finance improvements to its existing wastewater system. (Robert Ferguson)

Approved, PR/RM

UNCONTESTED (Water Utility Matters)

Item 12. Docket No. 95- 0207- UCR. Approval of Ingram Water Supply Inc. for a Rate/Tariff Change; Certificate of Convenience and Necessity (CCN) No. 11278 in Kerr County, Texas. (Application # 30584- R, Dean Pollard & Bret Fenner)

Approved, PR/RM

Item 13. Docket No. 95- 0801- UCR. Approval of Garden Valley Water Supply Company, Inc. to Purchase Charles Strong dba Green Grove Water Company and Amend Water CCN No. 11742 in Travis County, Texas. (Application # 30432- S, Albert Holck)

Remanded to Staff

Item 14. Docket No. 95- 0856- UCR. Approval of Lakeshore Utility Co., Inc. To Transfer CCN No. 12183 from Joyce Layman dba Lake Oaks Water System, Amend CCN No. 10843, and Cancel CCN No. 12183 in Henderson County, Texas. (Application # 30694- S, Vera Poe)

Approved, PR/RM

Item 15. Docket No. 95- 0857- UCR. Approval of Berry Lee Malkey and Leroy Malkey dba Lake Park Water System To Discontinue Retail Water Utility Service and Cancel CCN No. 12638 in Washington County, Texas. (Application # 30734- Q, Vera Poe)

Approved, PR/RM

Item 16. Docket No. 95- 0879- UCR. Approval of David Crim dba Autumn Wood Water System for a Water Certificate of Convenience and Necessity (CCN) and to Decertify a Portion of the City of Orange's CCN No. 11398 in Orange County, Texas. (Application # 30716- C, Vera Poe)

Approved, PR/RM

Item 17. Docket No. 95- 0861- UCR. Approval of Walker Village Water System to Cancel Water Certificate of Convenience and Necessity No. 11702 in Montgomery County, Texas. (Application #30818- Q, Albert Holck)

Approved, PR/RM

Item 18. Docket No. 95- 0898- UCR. Approval of Presidio Water Supply Corporation to Cancel Water Certificate of Convenience and Necessity No. 11332 in Presidio County, Texas. (Application #30833- Q, Albert Holck)

Approved, PR/RM

UNCONTESTED (Settled Hearing)

Item 19. Docket No. 95- 0565- UCR. Petition of H. B. Clagett dba Ryan Hill Water System to cancel Certificate of Convenience and Necessity No. 12649 and discontinue water utility service in Hays County, Texas. RECOMMENDATION: Dismissal of petition. (Cecile Hanna)

Approve Examiners Memorandum and Dismiss petition, RM/PR

Item 20. Docket No. 95- 0715- AIR. Consideration of Examiner's Memorandum concerning the application of Mission Shippers, Inc. in Hidalgo County, Texas. Applicant seeks Emergency Order to authorize use of a fumigation chamber. Recommendation: Affirm the ED. (Linda Sorrells)

Approve Examiner's Memorandum and Affirm the Executive Director, RM/PR

CONTESTED (Municipal Waste Discharge Enforcement)

Item 21. Docket No. 95- 0887- MWD- E. Consideration of a Texas Natural Resource Conservation Commission Agreed Order Requiring Certain Actions of the City of Houston in Harris County, TNRCC Permit No. 10495- 001 through 121. (Roxanne Cook, Guy Henry)

Issue Agreed Order, RM/PR

CONTESTED (Solid Waste Registration Enforcement)

Item 22. Docket No. 95- 0904- SWR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Maxx Fuels, Inc.; Account No. SWR No. 52115. (Paul Sarahan)

Issue Agreed Order, RM/PR

CONTESTED (Industrial Waste Discharge Enforcement)

Item 23. Docket No. 95- 0566- IWD- E. Consideration of Executive Director's Petition for Revocation of TPI Industries, Inc. Permit No. 02786 pursuant to Section 26.029(c) of the Texas Water Code and 30 TAC Section 305.66- 68 for abandonment of permit and operations under the permit. (Helen Stovall Gilbert)

Approve Staff Recommendation and Revoke Permit, RM/PR

CONTESTED (Municipal Solid Waste Enforcement)

Item 24. Docket No. 95- 0863- MSW- E. Consideration of an Agreed Order Assessing Administrative Penalties and requiring certain actions of City of Waco; MSW Permit No. 948- A; located in McLennan County; (Clayborn, Bhatt)

Issue Agreed Order, JH/RM

CONTESTED (Public Water System Enforcement)

Item 25. Docket No. 95- 0518- PWS- E. Consideration of Agreed Order resolving an enforcement action against Deborah Sullivan dba Circle K Store #3247 for violations of the Texas Health and Safety Code, Chapter 341, Subchapter C and the Rules of the Texas Natural Resource Conservation Commission.

Issue Agreed Order, PR/RM

CONTESTED (Air Quality Enforcement)

Item 26. Docket No. 95- 0661- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of A- OK Auto Sales; Account No. HG- 9675- H, for Air Quality Violations. (Peter Gregg)

Issue Agreed Order, PR/JH

Item 27. Docket No. 95- 0631- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of N Star 1; Account No. EE- 1517- R, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, PR/JH

Item 28. Docket No. 95- 0669- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Barron Builders & Management Company; Account No. HG- 5050- M, for Air Quality violations. (Paul Sarahan)

Issue Agreed Order, PR/JH

Item 29. Docket No. 95- 0632- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Bill Patterson Motor Company; Account No. TA- 2734- W, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, PR/JH

Item 30. Docket No. 95- 0633- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Blasting Specialties; Account No. TA-2549- T, for Air Quality violations. (Greg Warmink)

Issue Agreed Order, PR/JH

Item 31. Docket No. 95- 0634- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Burton Shipyard, Incorporated; Account No. OC- 0049- Q, for Air Quality violations. (Greg Warmink)

Issue Agreed Order, PR/JH

Item 32. Docket No. 95- 0635- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Burzynski Research Institute, Incorporated; Account No. FG- 0066- U, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 33. Docket No. 95- 0636- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Cassity Lumber Company; Account No. PF- 0033- E, for Air Quality violations. (Paul Sarahan)

Issue Agreed Order, PR/JH

Item 34. Docket No. 95- 0637- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Castleberry, Mill and Lumber, Inc.; Account No. DB- 0150- E, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, PR/JH

Item 35. Docket No. 95- 0638- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Classic Furniture Works; Account No. DB- 3458- V, for Air Quality violations. (Greg Warmink)

Issue Agreed Order, PR/JH

Item 36. Docket No. 95- 0639- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of The Dee Howard Company; Account No. BG- 0714- D, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 37. Docket No. 95- 0640- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Grasso Production Management, Inc.; Account No. BK- 0069- U, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, PR/JH

Item 38. Docket No. 95- 0641- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Hill Country Cabinet Shop; Account No. CS- 0089- B, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, PR/JH

Item 39. Docket No. 95- 0642- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Hydra Rig, Inc., A Wholly- Owned Subsidiary of the Drexel Corporation; Account No. TA- 0191- I, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, PR/JH

Item 40. Docket No. 95- 0668- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Laredo San and Gravel Company; Account No. WE- 0074- K, for Air Quality violations. (William C. Foster)

Issue Agreed Order, PR/JH

Item 41. Docket No. 95- 0643- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Lifetime Doors; Account No. RI- 0010- S, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 42. Docket No. 95- 0644- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Midland Farmers Cooperative; Account No. ML- 0015- T, for Air Quality violations. (Aaron DePass)

Issue Agreed Order, PR/JH

Item 43. Docket No. 95- 0645- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of National Uniform Service, A Division of National Service Industries, Inc.; Account No. TA- 2650- G, for Air Quality violations. (Patricia Hershey)

Issue Agreed Order, PR/JH

Item 44. Docket No. 95- 0646- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Pioneer Concrete of Texas, Inc.; Account No. CP- 0100- C, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 45. Docket No. 95- 0647- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Precise Hard Chrome; Account No. MB- 0232- W, for Air Quality violations. (Lisa Uselton)

Issue Agreed Order, PR/JH

Item 46. Docket No. 95- 0648- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Rohm and Haas Bayport, Incorporated; Account No. HG- 0944- U, for Air Quality violations. (Walter Ehresman)

Issue Agreed Order, PR/JH

Item 47. Docket No. 95- 0649- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Stephenville Auto Sales; Account No. EF- 0090- F, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, PR/JH

Item 48. Docket No. 95- 0650- AIR- E. Consideration of a TNRCC Agreed Order Requiring Certain Actions of Sweetheart Cup Company, Incorporated; Account No. DB- 0787- U, for Air Quality violations. (Greg Warmink)

Issue Agreed Order, PR/JH

Item 49. Docket No. 95- 0663- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Texas Industries, Inc.; Account No. ED- 0066- B, for Air Quality violations. (William C. Foster)

Issue Agreed Order, PR/JH

Item 50. Docket No. 95- 0651- AIR- E. Consideration of an Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Thrifty Motor Company; Account No. EE- 1554- L, for Air Quality violations. (Peter Gregg)

Issue Agreed Order, PR/JH

Item 51. Docket No. 95- 0662- AIR- E. Consideration of a TNRCC Agreed Order Assessing Administrative Penalties and Requiring Certain Actions of Trinity Medical Center; Account No. DB- 2176- S, for Air Quality violations. (Thomas Corwin)

Issue Agreed Order, PR/JH

CONTESTED (Petroleum Storage Tank Enforcement)

Item 52. Docket No. 95- 0843- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Cameron County Fresh Water Supply District #1; Enforcement Identification No. E10923. (Srini Kusumanchi)

Issue Agreed Order, RM/PR

Item 53. Docket No. 95- 0842- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of The City of Fort Worth; Enforcement Identification No. E10557. (Karen Berryman)

Issue Agreed Order, RM/PR

Item 54. Docket No. 95- 0844- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Gaines Oil, Inc.; Enforcement Identification No. E10929. (Mark Norman)

Issue Agreed Order, RM/PR

Item 55. Docket No. 95- 0859- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Mr. Soudjani Alinaghi.; Enforcement Identification No. E10895. (Mick Wilson)

Issue Agreed Order, RM/PR

Item 56. Docket No. 95- 0860- PST- E. Consideration of a TNRCC Agreed Order pursuant to Texas Water Code Section 26.136 for violations of 30 Texas Administrative Code Section 334.50(b) assessing administrative penalties and requiring certain actions of Diamond Shamrock Corporation.; Enforcement Identification No. E10940. (Jaime Lopez)

Issue Agreed Order, RM/PR

CONTESTED (Denial of Hearing Request)

Item 57. Docket No. 95- 0917- AIR. Consideration of San Antonio Water System's application for Air Quality Permit No. 26045 in Bexar County. RECOMMENDATION: Denial of hearing request and issuance of permit. (Bill Ehret)

Deny Hearing and Issue Order, RM/PR

Item 58. Docket NO. 95- 0918- AIR. Consideration of Southern Crushed Concrete's application for Air Quality Permit No. 9464- E in Harris County. RECOMMENDATION: Denial of hearing request and issuance of permit. (Bill Ehret)

Deny Hearing and Issue Order, RM/PR

CONTESTED (Motion for Reconsideration)

Item 59. Docket No. 95-0919-MSW. Consideration of the Motion for Reconsideration and Request for Hearing filed by Shadow Oaks Civic Association requesting review of the Executive Director's April 19, 1995 decision determining that revocation of MSW Permit No. 1471 was not warranted. MSW Permit 1471 authorizes the construction and operation of a Type V municipal solid waste facility on Lumpkin Road, within the city limits of Houston, Texas. Permit No. 1471 was originally issued to Sprint Waste Disposal Company and thereafter transferred to Sam Houston Recycling Center, Inc.

Grant Motion for Reconsideration and affirm decision of Executive Director, JH/PR

CONTESTED (Rules)

Item 60. Docket No. 95- 0905- RUL. Consideration for adoption of amendments to 30 TAC, Chapter 335.476, Subchapter Q, concerning a date change for pollution prevention, source reduction, and Waste Minimization Reporting requirements. The proposed action was published in the Texas Register on May 5, 1995 at 20 TEXREG 3320. (SAM WELLS)

Adopt Amendments, RM/PR

Item 61. Docket No. 94- 0789- RUL. Consideration of adoption of amendments to Sections 307.2- 307.10 concerning the Texas Surface Water Quality Standards. The amendments are adopted to incorporate new information on toxic materials, to incorporate new data on waters in the state, and to meet EPA requirements as provided by the Clean Water Act. Editorial revisions are adopted to improve clarity. The proposed actions were published in the December 30, 1994 issue of the Texas Register (19 TexReg 10479). (Jim Davenport)

Adopt Amendments as Recommended, PR/JH

Item 62. Docket No. 95- 0862- RUL. Consideration for publication and hearing of proposed amendments to 30 TAC Chapter 101, Section 101.29, concerning Emissions Banking; and revisions to the State Implementation Plan. If approved, the rule would encourage greater use of the bank by removing disincentives for its use, thereby helping industry achieve clean air goals in a flexible, cost- effective manner. (Mike Magee)

Continued to June 28, 1995

Item 63. Docket No. 94- 0795- RUL. Consideration of adoption of amendments to Section 279.1- 279.13, concerning certification of federal licenses and permits pursuant to Section 401 of the Clean Water Act. The amendments are adopted to comply with existing federal requirements and ensure consistency with regard to federal actions. The proposed actions were published in the December 27, 1994 issue of the Texas Register (19 TexReg 10309). (Mark Fischer)

Adopt Amendments, PR/RM

Item 64. Docket No. 95- 0905- RUL. Consideration for adoption of amendments to 30 TAC, Chapter 335.476, Subchapter Q, concerning a date change for Pollution Prevention, Source Reduction, and Waste Minimization reporting requirements. The proposed action was published in the Texas Register on May 5, 1995 at 20 TexReg 3320. (Sam Wells)

No Action Required

Item 65. Docket No. 95- 0892- RUL. Consideration for adoption of emergency rules revising 30 TAC Chapter 114, Concerning Control of Air Pollution From Motor Vehicles, to amend Section 114.3 regarding inspection requirements for the Inspection/Maintenance (I/M) program, and repeal Section 114.6 regarding hardship waiver criteria and Section 114.7 regarding fee assessments involved in the I/M program. If approved, the amendments will change requirements for the emissions test and place those requirements under the Department of Public Safety's rules and regulations. The amendments would remove the hardship eligibility criteria, as adopted August 31, 1994, and any test fees that were associated with emissions inspections, as adopted January 11, 1995. (John Steib)

Adopt Emergency rules as recommended by Staff, PR/RM

CONTESTED (Air Quality Issue)

Item 66. Docket No. 95-0902-AIR. Consideration of Agreed Commission Order between the Commission and Anchor Glass Container to create federally enforceable emission reductions in order to allow the issuance of emission reduction credits. (James Dodds)

Issue Agreed Order, PR/JH

CONTESTED (Interim Rates)

Item 67. Docket No. 95-0890-UCR. Consideration of request by the Executive Director for interim rates in Glenwood Home Corporation dba Champions Clen Utility Co. in Montgomery County; CCN Nos. 11310 and 20518. (JIM BATEMAN/DIEGO ABREGO)

Set Interim Rates, PR/RM

CONTESTED (Proposal for Decisions)

Item 68. Docket No. 95- 0821- UCR. Consideration of Examiner's Proposal for Decision concerning the application of Kerrville South Water Company for an amendment to Certificate of Convenience and Necessity No. 11484 and the application of O. J. Erlund, Jr., dba Hill Country Utility Company for an amendment to Certificate of Convenience and Necessity No. 11710 to provide water service in Kerr County, Texas. RECOMMENDATION: Issuance to Hill Country and issuance to Kerrville coupled with partial denial. (JIM PHILLIPS)

Adopt Proposal for Decision, JH/RM

Item 69. Docket No. 95- 0452- WR. Consideration of Examiner's Proposal for Decision concerning the application of Colorado River Municipal Water District and Paul Leonard for an amendment to Certificate of Adjudication No. 14- 2472, which would (1) change the place of use from Concho County to Mills and San Saba Counties, (2) change the location of diversion, and (3) add three new diversion points. Recommendations: Issuance of permit. (Leslie Limes)

Adopt Proposal for Decision, JH/PR

Item 70. Docket No. 94-0648-WR. Consideration of Examiner's Proposal for Decision concerning the application of Concan Water Supply Corporation for Water Use Permit No. 5497 to divert and use not to exceed 100 acre-feet of water per annum from the Frio River in the Nueces River Basin, Uvalde County, Texas, for Municipal purposes. Recommendation: Issuance of authorization to divert and use 35 acre-feet of water per annum. (Carol Wood)

Adopt Proposal for Decision, JH/PR

CONTESTED (CAFO Rule)

Item 71. Docket No. 95-0699-RUL. Consideration of the repeal of 30 Texas Administrative Code 321.34 and the adoption of new 321.34 and new subchapter K, Chapter 321, 30 Texas Administrative Code, 321.181 - 321.198, concerning Concentrated Animal Feeding Operations. (James Kowis)

Adopt Staff Recommendations, RM/JH

(Public Comment on this items was taken on May 10, 1995 and is posted for Commission action only on June 14, 1995.)

EXECUTIVE SESSION

Item 72. Docket No. 95-0912-EXE. THE COMMISSION WILL MEET IN EXECUTIVE SESSION TO 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 GOV'T CODE, Sections 551.071 and 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action

Item 73. Docket No. 95-0913-EXE. COMMISSIONERS WILL MEET IN EXECUTIVE SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC UNDER GOV'T CODE, SECTION 551.074, the Open Meetings Act. No final action, decision or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action

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.)

REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.

ADDENDUM TO AGENDA

Wednesday, June 14, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 74. Docket No. 95- 0924- MSW. APPLICATION BY WASTE MANAGEMENT OF TEXAS, INC. for a minor amendment to Permit No. MSW2093 in order to change the excavation that allows for the total permitted volumetric capacity of the facility to be placed on a waste footprint of approximately 75 acres rather than the currently permitted 125 acres. The municipal solid waste facility is located approximately 3.5 miles south of the intersection of U.S. Highway 90 and Loop 410, adjacent to the south boundary line of Lackland Air Force Base Annex and adjacent to and on the west side of Covel Road in Bexar County, Texas. (Susan Janek)

Approve, PR/RM

OLD BUSINESS AGENDA

Wednesday, June 14, 1995

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Bldg E. Room 201S

12118 N. Interstate 35

Item carried forward from agenda of April 19, 1995.

Item 1. Docket No. 95- 0461- UCR. Consideration of Examiner's Proposal for Decision concerning the application of Big Lakes Utilities, Inc. for discontinuance of sewer utility service and cancellation of sewer CCN No. 20632 in Sabine County, Texas. RECOMMENDATION: Application should be abated pending results of rate increase application. (BILL ZUKAUCKAS)

Continued to September 6, 1995