MCBEE

MARQUEZ

BAKER

CONTESTED AGENDA

Wednesday, March 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

CONTESTED (Water Utility Matter)

Item 1. Docket No. 96-0401-UCR. Consideration of the application of Glenlake Water Supply Corporation to amend Water Certificate of Convenience and Necessity Number 12112 in Travis County, Texas. (Application # 30718- C, Doug Holcomb)

Approve Amendment, JB/BM

CONTESTED (Air Quality Enforcement)

Item 2. Docket No. 96- 0125- AIR- E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Baytank (Houston), Inc. in Harris County; Account No. HG- 1006- U; for air quality violations pursuant to Chapter 382 of the Texas Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Thomas Corwin).

Issue Agreed Order, RM/JB

CONTESTED (Reports)

Item 3. Docket No. 96-0418-RPT. Consideration of the Agency's goals, objectives and strategies.

Go forward with Recommendation

Item 4. Docket No. 96-0422-RPT. Consideration of issues related to National Pollutant Discharge Elimination System (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act.

Continued to March 20, 1996

CONTESTED (Rules)

Item 5. Docket No. 95-1409-RUL. Consideration for adoption of amendments to 30 TAC Chapter 330, by adding Subchapter U, concerning Grants Pertaining to the Collection, Reuse, and Recycling of Used Oil, and Subchapter V, concerning Waste Tire Recycling and Energy Recovery Grants. If adopted, the rules would implement Senate Bill 776 and Senate Bill 1683 pertaining to grant- related actions of the waste tire recycling program and the collection, management, and recycling of used oil and used oil filters, respectively. The proposal was published in the November 17, 1995 issue of the Texas Register (20 TexReg 9542). (Vic Ramirez and Diane Parker)

Adopt rules as amended, JB/RM

Item 6. Docket No. 95-1412-RUL. Consideration for adoption of a new 30 TAC, Chapter 324, relating to Used Oil; repeal of 30 TAC, Chapter 330, Subchapter Z, relating to household used oil recycling, and reimbursement of used oil collection centers; and amendments to 30 TAC, Chapter 335, relating to used oil management. If adopted, the amendments would put most used oil recycling requirements into one location and implement the requirements of 40 CFR Part 279. The proposed amendments were published in the October 31, 1995 and the October 27, 1995 issues of the Texas Register (20 TexReg 8970 and 20 TexReg 8894, respectively). (Hygie Reynolds)

1. Adopt the repeal of 30 TAC 330 1141 - 1152

2. Adopt the repeal of 330 1170 - 1174

3. Adopt New 30 TAC Chapter 324 Subchapter A. with the exception of Section 324.11 Subsection 3 and 324.21 the ED recommends remand of those exceptions back to staff.

4. Adopt amendments to 335.6, 335.41, 335.78, 335.221, 335.504.

5. Continued 30 TAC Subchapter B, March 27, 1996, RM/BM

Item 7. Docket No. 96-0317-RUL. Consideration of the Mike Kuhlman, Mike Harren and Velda Harren petition for rulemaking to amend 30 TAC Chapters 309, 317 and 335, regarding changes to groundwater provisions for wastewater treatment facilities. Approval of the petition would initiate rulemaking. (Tom Weber)

Deny Petition for Rulemaking, JB/RM

Item 8. Docket No. 96- 0175- RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 336, Subchapter A, Section 336.8, concerning adoption of a Memorandum of Understanding (MOU) with the Texas Railroad Commission, the Texas Department of Health and the Texas Natural Resource Conservation Commission. The MOU defines the respective jurisdictions of the agencies and provides for coordination of responsibilities relating to uranium surface mining, ore milling, and mill tailings disposal. (Marilyn Preusse) (Rule Log #95067- 336- WS)

Approve Staff Recommendation, RM/JB

CONTESTED (Motion For Rehearing)

Item 9. Docket No. 95-0872-AGR. Consideration of the Motion for Rehearing filed concerning the application of Charlie West for Permit No. 03784 to authorize disposal of waste and wastewater on agricultural land from a swine operation in Hansford County, Texas. On January 10, 1996, the Commission issued an order dismissing the application without prejudice.

Deny Motion for Rehearing, RM/JB

CONTESTED (Administrative Law Judge's Memorandum)

Item 10. TNRCC Docket No. 95-1051-AIR; SOAH Docket No. 582-95-1030. Consideration of the Administrative Law Judge's Memorandum concerning the Motion of EGS Hydrocarbons to withdraw without prejudice the application for Air Quality permit No. 26041 and to dismiss the hearing on the application. Recommendation: Dismissal of application with prejudice and dismissal of hearing. (Bill Ehret)

Deny Administrative Law Judge's Recommendation and accept Executive Directors Recommendation and allow to withdraw without prejudice, RM/BM

CONTESTED (Administrative Law Judge's Proposal for Decision)

Item 11. TNRCC Docket No. 95-1067-MWD; SOAH Docket No. 582-95-1147. Consideration of the ALJ's Proposal for Decision and Order concerning the application of North Alamo Water Supply Corporation for Permit No. 13747-02 to authorize the disposal by irrigation of 124,000 gpd of treated domestic wastewater effluent in Hidalgo County, Texas, and in the drainage area of Laguna Madre in Segment No. 2491 of the Bays and Esturaries. Recommendation: Issuance of Permit. (ALJ) Cynthia G. Hayes.

Approval Administrative Law Judge's Decision and accept Executive Directors exceptions in regards to Finding of Facts #6 and correction noted by Cynthia Hayes and that applicants will make all efforts to find any abandoned gas well, if gas well is located then applicant assign the appropriate specs for addressing the plug and capping of the well and that the plans will be reviewed by the Executive Director, BM/JB

EXECUTIVE SESSION

Item 12. Docket No. 96-0410-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 13. Docket No. 96-0411-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.

No Action Taken

Item 14. Docket No. 96-0405-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of, or to hear a compliant or charge against the Commission's Public Interest Counsel 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 these matters.

Commission took action Concerning the Public Interest Counsel in Open Session and Item is continued to March 13, 1996 at 2:00 p.m.

Item 15. Docket No. 96-0406-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of, or the hear a complaint or charge against the Commission's General Counsel 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 these matters.

No Action Taken

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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, March 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item 16. Docket No. 95-1639-MIS. Consideration of the nominations and appointments to the Municipal Solid Waste Management and Resource Recovery Advisory Council. The following positions are vacant:

1. An elected official from a city having a population of 25,000 or more but less than 100,000. Terms to expire 08-31-2001.

Frank Simpson, RM/BM

2. A representative of the financial community. Term to expire 08-31-2001.

David Yanke, JB/RM

3. A Commissioner of the TNRCC. Term to expire 08-31-97.

Barry McBee, JB/RM

4. A council member to serve as President of the Advisory Council for a two-year term.

Judge Davenport, JB/RM

OLD BUSINESS AGENDA

Wednesday, March 6, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12118 N. Interstate 35

Item carried forward from Agenda of February 14, 1996.

Item 1. Docket No. 96- 0088- WR. APPLICATION BY ANGELINA & NECHES RIVER AUTHORITY (ANRA) for a Texas Water Code Section 11.145 extension of time to commence and complete construction of Lake Eastex on Mud Creek, Neches River Basin in Cherokee County. Two previous extensions have been granted since the permit was issued June 1985. The Commission will consider the application and a hearing request that has been filed on the application. (R. Martinez\L. Bauxite)

1. Request for a hearing be denied on basis that Texas Committee on Natural Resources failed to sustain its burden to show associational standing under the current state law, BM/JB 2. Approve the extension, RM/BM 3. Progress report due in 2 years at which time the commission will have to reconsider, BM/JB

Item carried forward from Agenda of February 7, 1996 and February 14, 1996.

Item 2. Docket No. 96- 0226- RUL. Consideration for publication of and hearing on proposed repeal of 30 TAC Chapters 261, 263, 264, 265, 275, 337, 339, 341, and 345; amendments to Chapters 305 and 340; and new Chapters 1, 3, 5, 10, 20, 39, 40, 50, 55, 70, 80, and 86, concerning the procedural rules of the agency. If approved, the proposal would continue the ongoing project to reorganize, clarify, and consolidate the Texas Natural Resource Conservation Commission's procedural rules. (Randall Terrell) (Commission approved in Part)

For publication of and hearing of proposed repeal of 30 TAC Chapters 261, 263, 264, 265, 275, 337, 339, 341, and 345; amendments to Chapters 305 and 340; and new Chapters 20, 40, 50, 55, 80 and 86, including change to Chapter 50 suggested by Commissioner Baker adding executive directors determination under Subchapter K or CAFO Rules to that list of excluded matters, BM/JB With respect to chapter 39 lets take more time, take 6 to 8 weeks to start and then lets see where we are at that point, Continued to May 1, 1996 or the next agenda thereafter, BM/RM

Item carried forward from Agenda of February 7, 1996.

Item 3. Docket No. 94- 0206- AIR. Consideration of an application by Mayfield Concrete Company; Standard Exemption Registration No. 29477; for site approval for construction of a concrete batch plant in Greenville, Hunt County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application.

Deny request for hearing, JB/RM Barry no.

Item carried forward from Work Session of February 9 and February 21, 1996.

Item 4. Consideration of issues related to Calculation of Administrative Penalties.

Continued to March 21, 1996

Item carried forward from Work Session of February 9 and February 21, 1996.

Item 5. Consideration of issues related to Constraints on Enforcement Due to Federal Program Delegation/Authorization.

Continued to March 21, 1996

Item carried forward from Work Session of February 9 and February 21, 1996.

Item 6. Consideration of issues related to Use of Bi-Lateral Compliance Agreements.

Continued to March 21, 1996

Item carried forward from Work Session of February 9 and February 21, 1996.

Item 7. Consideration of issues related to Environmental Audits and Compliance Management Systems.

Continued to March 21, 1996

Item carried forward from Work Session of February 22, 1996.

Item 8. Consideration of issues related to the Title V Operating Permits Program.

Notify EPA that we want them to proceed with approval of our plan we submitted in 1993 and that where as we need EPA to move as expeditiously as possible in granting approval of that program so that Texas can avoid being listed as another part 71, RM/BM

Item carried forward from Agenda of February 28, 1996.

Item 9. Docket No. 96-0333-AIR. Application by Mitsui San Antonio Components, Inc. for an Air Quality Permit No. 30979; for construction of an aluminum die casting facility in San Antonio, Bexar County, Texas. The Commission will consider the application and the hearings requests that have been filed on the Application. (MARIA SANCHEZ)

Deny hearing and issue permit, RM/JB, Barry McBee Voted No.

Item carried forward from Agenda of February 28, 1996.

Item 10. Docket No. 96-0330-CON. Consideration of proposed interagency contract between the Department of Public Safety (DPS) and the Texas Natural Resource Conservation Commission (TNRCC) pertaining to $1.4 million start up costs for the Inspection/Maintenance program.

Approve Contract, BM/JB