UNCONTESTED (Agency Report)
Item 1. Docket No. 96-1143-RPT. Discussion of an Agency Report on Enforcement Actions from various programs including Agriculture, Air, Industrial & Hazardous Waste, Multi-Media, Municipal Solid Waste, Occupational Certification, Petroleum Storage Tanks, Watershed Management, and Water Utilities. The discussion will also include a description of enforcement backlogs and prioritization for backlog elimination. (Anne Dobbs/Paul Sarahan).
No Action Required
CONTESTED (Hearing Request)
Item 2. Docket No. 96-1071-AIR. UNIMIN CORPORATION for Air Quality Permit No. 32024 to authorize construction and operation of a Silica Sand Processing Facility. The proposed site is located 1.8 miles Southeast of Voca an Hwy. 71 in Voca, McCulloch County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Laura Rowan/Alex Berksan)
Continued to August 21, 1996
Item 3. Docket No. 96-1070-AIR. BEALL CONCRETE for Standard Exemption No. 71 under Standard Exemption Registration No. 31348 to authorize construction and operation of a Concrete Batch Plant. The proposed site is located 500 feet southwest of the intersection of Highway 199 and Porter Drive. The Commission will consider the application and the hearing requests and protests that have been filed on the application. (Ronnie Jones/Doris Webb)
Deny Hearing and Grant Exemption, RM/JB
Item 4. Docket No. 96-1087-IHW. ENVIRONMENTAL PROCESSING SYSTEMS, LC. for Proposed Permit Nos. WDW-316 and WDW-317 which will authorize the construction and operation of two waste disposal wells, six proposed tanks, and related surface facilities for the storage, processing and disposal of non-hazardous industrial waste. Wastes will be received from off-site sources on a commercial basis. The authorized injection zone for the wells is within the Frio Formation at the approximate subsurface depths of 6,000 to 8,200 feet below ground level. The authorized injection interval for each well will be at the approximate subsurface depths of 7,350 to 8,200 feet within the injection zone. The proposed operating surface injection pressure for each well shall not exceed 1,500 pounds per square inch gauge. The maximum injection rate for each well shall not exceed 96 gallons per minute. The maximum volume of wastewater injected into each well shall not exceed 3,035,520 gallons per month, nor 35,740,800 gallons per year. The facility will located on Hatcherville Road in southernmost Liberty County, about 4.2 miles northwest of the City of Mont Belvieu, Chambers County, Texas. The Commission will consider the applications and the hearing requests that have been filed on the applications. (Alice Rogers/Sharon Smith)
Grant the Hearing Request of Mr. Frost and the Hearing Request of American Expiration Company, but that we defer SOAH actual consideration of this and allow Alternate Dispute Resolution Office 4 weeks to try Mediation, BM/JB Deny the hearing request filed by Crossroads Environmental Corporation.
Item 5. Docket No. 96-1089-IHW. PHILLIPS 66 COMPANY, Sweeny Refinery and Petrochemical Complex, for an amendment to Compliance Plan No. CP-50186 which authorizes operation of a ground-water compliance monitoring and corrective action system. The amendments will incorporate new compliance monitoring program requirements for the East Landfarm and the West Landfarm and will add intrinsic bioremediation as an alternate corrective action option in the No. 2 South Contaminated Water Pond. The wastes managed at this facility are industrial hazardous wastes from petroleum and chemical manufacturing operations. The industrial solid waste management facilities are located at the Sweeny Refinery and Petrochemical Complex and adjacent facilities in Brazoria and Matagorda Counties, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Sharon Smith/Kan Tu)
Amend Compliance Plan, RM/BM
Item 6. Docket No. 96-1178-AIR. RED RIVER REDI-MIX INC. for Standard Exemption No. 71 of Registration No. 32223 to authorize construction and operation of a Concrete Batch Plant. The site is located 1/2 mile north of FM 1202 on the western frontage road of IH 35 in Gainesville, Cooke County, Texas. The commission will consider the application and hearing request that have been filed on the application. (Janis Hudson/ Wesley Smith)
Remand to State Office Administrative Hearing and allow to Alternative Dispute Resolution Office an opportunity to mediate, if mediation is unsuccessful then Remand to SOAH, Deny hearing request of Factory Outlet. RM/RM
Item 7. Docket No. 96-1128-MSW. LAIDLAW WASTE SYSTEMS (TEXAS), INC. (Pinehill Landfill) has applied for an amendment to their municipal solid waste permit, Proposed Permit No. MSW1327-B. The proposed permit amendment would authorize a vertical expansion to their existing Type I (Landfill) municipal solid waste management facility. The site covers about 221 acres of land and is proposed to receive about 1,000 tons of municipal solid waste per day for disposal or other processing. The facility os located about 1.0 mile northwest of the intersection of Texas Highway 31 and Interstate Highway 20 near the City of Kilgore in Gregg County, Texas. The Commission will consider the application and the concerns that have been filed on the application. (Margaret Ligarde/Susan Janek)
No Action Taken, item sent for Executive Director signature.
Item 8. Docket No. 96-1128-MSW. LAIDLAW WASTE SYSTEMS (TEXAS), INC., (Royal Oaks Landfill) has applied for an amendment to their municipal solid waste permit, Proposed Permit No. MSW1614-A. The proposed permit amendment would authorize a vertical and lateral expansion to their existing Type I (Landfill) municipal solid waste management facility. The site covers about 144 acres of land and is proposed to receive about 250 tons of municipal solid waste per day for disposal or other processing. The facility is located south of Heath Lane, about 0.5 mile east of the intersection of Heath Lane and U.S. Highway 69 near the City of Jacksonville in Cherokee County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Margaret Ligarde/Susan Janek)
No Action Taken, item sent for Executive Director signature.
Item 9. Docket No. 96-1090-DIS. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 has applied to the TNRCC for authority to adopt and impose non-uniform operation and maintenance standby fees on undeveloped property in the District for a three-year period beginning in 1996 and ending in 1998. The application has been executed by the Board of Directors of the District. The District was previously granted authority to levy uniform operation and maintenance standby fees for the calendar years 1993 through 1995 in Riverwood Village, Section One. The District's application requests authorization to levy standby fees on unimproved property in the District as follows: $52 per year per equivalent single family connection (ESFC) in Riverwood Village Section One and Section Three and $25 per year per ESFC on the other 124.634 unimproved acres not in Riverwood Village Section One or Section Three. The Commission will consider the application and the hearing requests filed on the application. (Irene Montelongo/Rob Cummins)
Grant Hearing Request, JB/BM
Item 10. Docket No. 96-0200-MWD. William L. Dixon, Sr. for Proposed Permit No. 13800-001 to authorize a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 45,000 gallons per day. The proposed wastewater treatment facility will be located approximately 1,240 feet west of State Highway 300, at approximately 0.38 mile south of the intersection of State Highway 300 and Farm-to-Market Road 726 in Upshur County, Texas. The Commission will consider the application and the Objection to Permit and Proceedings filed on the application. (Nina Fantl)
Continued to August 28, 1996
CONTESTED (Sludge Enforcement)
Item 11. Docket No. 96-0843-SLG-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Charles Sherrill in Lubbock County; Registration No. 20578; for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Mears)
Issue Agreed Order, RM/JB
CONTESTED (Petroleum Storage Tank Enforcement)
Item 12. Docket No. 96-1061-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blankinship Oil Co., Inc. in Lamar County; PST Enforcement Identification No. E11042; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 13. Docket No. 96-0647-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Ways Co. in Coke County; PST Enforcement Identification No. E11537; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Connie Wong)
Issue Agreed Order, RM/JB
Item 14. Docket No. 96-1063-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blankinship Oil Co., Inc. in Lamar County; PST Enforcement Identification No. E11044; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 15. Docket No. 96-1062-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blankinship Oil Co., Inc. in Lamar County; PST Enforcement Identification No. E11043; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 16. Docket No. 96-1065-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blankinship Oil Co., Inc. in Lamar County; PST Enforcement Identification No. E11048; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 17. Docket No. 96-1064-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Blankinship Oil Co., Inc. in Lamar County; PST Enforcement Identification No. E11045; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 18. Docket No. 96-1058-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Mohammad A. Subedar in Harris County; PST Enforcement Identification No. E11161; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 19. Docket No. 96-1059-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of McCormick Marketing, Inc. in Garza County; PST Enforcement Identification No. E11195; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 20. Docket No. 96-0323-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Walker Sims Oil Co., Inc. in Gaines County; PST Enforcement Identification No. E11441; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 21. Docket No. 96-0629-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. John Evans Willard in Ector County; PST Enforcement Identification No. E11345; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 22. Docket No. 96-0717-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Paint Rock Independent School District in Concho County; PST Enforcement Identification No. E11326; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 23. Docket No. 96-0324-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Walker Sims Oil Co., Inc. in Gaines County; PST Enforcement Identification No. E11442; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 24. Docket No. 96-0632-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Messrs. Richard J. & Edward R. Keller in Kerr County; PST Enforcement Identification No. E11371; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 25. Docket No. 96-0686-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Love's Country Store in Caldwell County; PST Enforcement Identification No. E11331; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 26. Docket No. 96-0630-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of St. John Development Company in Hidalgo County; PST Enforcement Identification No. E11354; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 27. Docket No. 96-1057-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Wigginton Oil Co. in McCullock County; PST Enforcement Identification No. E11054; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 28. Docket No. 96-1060-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. Gilberto Rodriquez in Hidalgo County; PST Enforcement Identification No. E11447; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 29. Docket No. 96-0718-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Bill Head Enterprises in Hidalgo County; PST Enforcement Identification No. E11381; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Srini Kusumanchi)
Issue Agreed Order, RM/JB
Item 30. Docket No. 96-0385-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KTC, Inc. in Yoakum County; PST Enforcement Identification No. E11492; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 31. Docket No. 96-0770-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Uvalde County; PST Enforcement Identification No. E11298; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 32. Docket No. 96-0384-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of KTC, Inc. in Yoakum County; PST Enforcement Identification No. E11493; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Jaime Lopez)
Issue Agreed Order, RM/JB
Item 33. Docket No. 96-0780-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Mr. C.B. Canon in Hockley County; PST Enforcement Identification Numbers E11438 & E11439; for petroleum storage tank violations pursuant to the Texas Water Code, Section 26.136, and the rules of the Texas Natural Resource Conservation Commission. (Mick Wilson)
Issue Agreed Order, RM/JB
CONTESTED (Affirm, Modify, Set Aside Emergency Order)
Item 34. Docket No. 96-1187-AIR. Consideration and action on the request by Simpson Pasadena Paper Company to modify Commission Order No. 94-22, and submission of this order to EPA to modify the State Implementation Plan. (Ruggeri/Sanchez)
Modify Commission Order No. 94-22, RM/BM
Item 35. Docket No. 96-1188-AIR. Consideration and action on the request by Lyondell-Citgo Refining Co., LTD. to modify Commission Order No. 94-15, and submission of this order to EPA to modify State Implementation Plan (Ruggeri/Sanchez)
Modify Commission Order No. 94-15, RM/BM
CONTESTED (On-Site Sewage Inspection Enforcement)
Item 36. Docket No. 96-0708-OSI-E. Consideration of an Agreed Order requiring certain actions of Ronnie L. Leggett in Polk County; Certification No. 3751; for certification violations pursuant to Chapter 366 of the Texas Health and Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond Winter).
Issue Agreed Order, JB/RM
CONTESTED (Public Water Supply Enforcement)
Item 37. Docket No. 96-0585-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Kenneth Swaim d/b/a Mooreland Water Company in Hood County; PWS No. 1110006; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)
Issue Agreed Order, RM/BM
Item 38. Docket No. 94-0757-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Terry Bourbon dba Green Acres Mobile Home Park and dba Riverview Estates in El Paso County; PWS ID Nos. 0710066 and 0710067; CCN No. 11785; for public water system violations pursuant to the Texas Water Code Chapter 13 and the rules of the Texas Natural Resource Conservation Commission. (Tom Napier)
Issue Agreed Order, RM/BM
Item 39. Docket No. 96-0803-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Richard Micheletti d/b/a Palo Duro Service Company in Wise County; PWS No. 2490028; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)
Issue Agreed Order, RM/BM
Item 40. Docket No. 95-1448-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Whitharral Utilities Supply Corporation in Hockley County; PWS No. 1100011; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)
Issue Agreed Order, RM/BM
Item 41. Docket No. 96-0764-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Goodlow Water Supply Corporation in Navarro County; PWS No. 1750032; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)
Issue Agreed Order, RM/BM
Item 42. Docket No. 96-0583-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Larry Worrell d/b/a Montebello Estates Water Works in Kerr County; PWS No. 1330067; for Public Water violations pursuant to The Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (K. Wheatley and G. Henry)
Issue Agreed Order, RM/BM
Item 43. Docket No. 96-0565-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Hartley Community Water Supply Corporation in Hartley County; PWS No. 1030010; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (G. Henry and K. Wheatley)
Issue Agreed Order, RM/BM
Item 44. Docket No. 95-1450-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Flat Fork Water Supply Corporation in Shelby County; PWS No. 2100007; for Public Drinking Water violations pursuant to the Texas Health and Safety Code and the rules of the Texas Natural Resource Conservation Commission. (G. Henry and K. Wheatley)
Issue Agreed Order, RM/BM
CONTESTED (Agricultural Enforcement)
Item 45. Docket No. 96-0371-AGR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Tom Whitis in; Erath County, for violations pursuant to the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. (Chaffin\Henry)
Issue Agreed Order, JB/RM
CONTESTED (Authorization To Construct)
Item 46. Docket No. 96-1184-MWD. Consideration of the City of Celeste's request for an Order authorizing commencement of construction of a wastewater treatment and disposal facility prior to Commission consideration of its application for a wastewater discharge permit amendment. The proposed authorization to construct would not permit the discharge of any wastewater. (Caroline M. Sweeney/Mary Ann Dimakos Airey)
Approve Authorization to Construct, RM/BM
CONTESTED (Motion for Rehearing)
Item 47. TNRCC Docket No. 95-0432-UCR; SOAH Docket No. 582-95-1084. The Commission will consider a motion for rehearing filed by the City of Arlington. Arlington's motion for rehearing relates to the petitions filed by the City of Arlington concerning the wastewater rates set by the City of Fort Worth. On May 22, 1995, the Commission denied the petitions. The Chief Clerk mailed the Commission's order on June 13, 1996.
Continued to September 4 and extend the 90th day the time to act, BM/RM
CONTESTED (Rules)
Item 48. Docket No. 96-0512-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Subchapter G, Section 115.616, relating to Recordkeeping and Reporting Requirements, and revisions to the State Implementation Plan regarding these amendments. The adoption provides additional flexibility and cost savings to regulated manufacturers of consumer products. The proposed amendments were published in the May 7, 1996 issue of the Texas Register (21 TexReg 3908) (Mike Magee) (Rule Log No. 96117-115-AI).
Approve Staff Recommendation, RM/JB
Item 49. Docket No. 96-1110-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 305, Subchapter C, concerning Application for Permit, Subchapter G, concerning Additional Conditions for Solid Waste Storage, Processing, or Disposal Permits, Subchapter I, concerning Hazardous Waste Incinerator Permits, and Subchapter Q, concerning Permits for Boilers and Industrial Furnaces Burning Hazardous Waste; and 30 TAC Chapter 335, Subchapter A, concerning Industrial Solid Waste and Municipal Hazardous Waste in General, Subchapter C, concerning Standards Applicable to Generators of Hazardous Waste, Subchapter E, concerning Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, Subchapter F, concerning Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities, and Subchapter H, concerning Standards for the Management of Specific Wastes and Specific Types of Facilities. The proposed rules update the commission's hazardous waste rules to address changes to the federal hazardous waste regulations made effective between July 1, 1993, and June 30, 1994. The proposed rules also incorporate administrative reforms to correct errors and inconsistencies within the rules, and a number of technical revisions are included to amend incorrect cross-references and statutory cites. (Jace Houston, Ray Austin) (Rule Log No. 96115-335-WS).
Approve Publication of Proposed Amendments, RM/JB
Item 50. Docket No. 96-1153-RUL. Consideration for publication of and hearing on a proposed new 30 TAC Chapter 106, Subchapter L, Section 106.231, concerning Manufacturing, Refinishing, and Restoring of Wood Products. The proposed new section would replace the use of current Standard Exemption 75 for wood products manufacturers, refinishers, or restorers that conduct surface coating operations on-site. (Lisa Evans) Rule Log No. 96136-106-AI).
Approve Publication and Hearing, RM/BM
Item 51. Docket No. 96-0515-RUL. Consideration for adoption of amendments to 30 TAC Chapter 115, Subchapter C, Sections 115.214 and 115.216, Volatile Organic Compound Transfer Operations, and to the State Implementation Plan. These rule changes revise the inspection requirements for control of equipment leaks at gasoline terminals from an instrument method to a sound-sight-smell walkthrough in the Houston/Galveston, Dallas/Fort Worth, and El Paso ozone nonattainment areas. The proposal was published in the April 26, 1996 issue of the Texas Register (21 TexReg 3595) (Herb Williams) (Rule Log No. 96120-115-AI).
Adopt Amendments as Recommended, JB/BM. Marquez absent for vote.
Item 52. Docket No. 96-0603-RUL. Consideration for adoption of amendments to 30 TAC Chapter 117, Subchapter D, Section 117.540, regarding Phased Reasonably Available Control Technology, and revisions to the State Implementation Plan regarding these amendments. The amendments revise Section 117.540 to be consistent with the Chapter 117 final compliance date of May 31, 1999, and allow the use of clean-fuel vehicle credits to meet Chapter 117 requirements on an interim basis. The proposed amendments were published in the May 14, 1996 issue of the Texas Register (21 TexReg 4213) (Mike Magee) (Rule Log 95158-117-AI).
Approve Amendment as Recommended, RM/BM
Item 53. Docket No. 96-0576-RUL. Consideration for adoption of amendments to 30 TAC Chapter 114, concerning the Control of Air Pollution From Motor Vehicles, and the amendment of the State Implementation Plan (SIP) Revision for Substitution of the Federal Clean Fuel Fleet Program originally submitted in July 1994. The rules require certain transit, local government, and private fleets to purchase certified clean-fuel vehicles. The requirements for local government and private fleets constitute the SIP revision. The proposed rules were published in the May 7, 1996 issue of the Texas Register (21 TexReg 3900) (Hazel Barbour) (Rule Log No. 95153-114-AI).
Approve Amendment to Rule, with minor changes as recommended, RM/JB
CONTESTED (State Implementation Plan)
Item 54. Docket No. 96-0465-SIP. Consideration for repeal of 30 TAC Chapter 114, Section 114.21, concerning the Employer Trip Reduction Program; and revisions to the 1993 Rate-of-Progress State Implementation Plan (SIP) for the Dallas/Fort Worth, El Paso, Houston/Galveston and Beaumont/Port Arthur Ozone Nonattainment Areas; the Post-1996 Rate-of-Progress SIP for the Beaumont/Port Arthur and Houston/Galveston Ozone Nonattainment Areas; the Section 818 Demonstration for the El Paso Nonattainment Area; the 1990 Base Year Emissions Inventory; and the Employer Trip Reduction SIP. The SIP revisions would satisfy various requirements of the Clean Air Act Amendments of 1990. The proposed repeal of Section 114.21 was published in the April 12, 1996 issue of the Texas Register (21 TexReg 3147). (Elizabeth Johnson and Thomas Ortiz) (Rule Log Nos. 95155-114-AI, 96109, 96110, 96111, 96112, 96113-SIP-AI).
Approve Staff Recommendation, RM/BM
EXECUTIVE SESSION
Item 55. Docket No. 96-1207-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 56. Docket No. 96-1208-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
(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 DOUGH KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MAKE.)
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 57. Docket No. 96-1039-SLG. Consideration of Motions for Reconsideration submitted with regard to the issuance by the Executive Director of Registration Number 710733 to Albert C. Jurasek authorizing the land application of domestic septage in Wharton, County, Texas. (Anthony Tatu)
Deny Motion for Reconsideration, RM/BM
Item 58. Docket No. 96-1149-RES. Consideration of an amendment to the RESOLUTION adopted by the Commission on July 10, 1996 directing the Executive Director to suspend the processing of applications for temporary water use permits in certain river and coastal basins. The RESOLUTION adopted on July 10, 1996 included the following basins: Brazos River Basin, Brazos-Colorado Coastal Basin; Colorado River Basin; Guadalupe River Basin; Lavaca River Basin; LavacA-Guadalupe Coastal Basin; San Antonio River Basin; San Antonio-Nueces Coastal Basin and tributaries of the Rio Grande. The amendment will add the Colorado-Lavaca Coastal Basin, Nueces River Basin, Nueces-Rio Grande Coastal Basin.
Adopt Resolution as amended, JB/RM
Item 59. Docket No. 96-1020-AIR. The Commission will consider the Executive Director's approval of the application by Getman Redi-Mix, Inc. for an air standard exemption registration No. 32520 to construct a concrete batch plant pursuant to standard exemption No. 71. At the Commission's July 10, 1996, agenda meeting this matter was referred to the Commission's Office of Alternative Dispute Resolution and then to SOAH. Since that time the hearing request concerning the application has been withdrawn, and the Executive Director approved the uncontested application. The proposed site is located at the northwest corner of I-40 West and Helium Road in Amarillo, Potter County.
Affirm Executive Directors Decision, RM/JB. McBee absent to this vote.
Item 60. Docket No. 96-1219-CON. The Commission will consider amendment No. 4 to the contract with Enprotec, Inc. for emergency response and supplemental site activities at leaking petroleum storage tank sites. The proposed amendment would increase the contract amount by $700,000, so that the total contract amount would be $1,400,000. The amendment is necessary so that remediation activities may continue at the Stroman Oil site in Maryneal and so that money will be available in the contract for future emergency response activities in this contracting region. (Grace Windbigler/Katherine Marvin)
Approve Contract as recommended, JB/RM
Item 61. Docket No. 96-1227-EXE. The Texas Natural Resource Conservation Commission will meet in closed session to discuss proposed settlement in the following pending litigation; Crystal Clear Water Supply Corporation v. Texas Water Commission, Cause No. 412, 746, in the 53rd District Court, Travis County, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas 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 Texas Government Code.
General Counsel will do certified agenda.
Item 62. Docket No. 96-1228-UCR. Consideration of the agreement between the City of San Marcos and Crystal Clear Water Supply Corporation regarding the areas and customers to be served under their respective certificates of convenience and necessity to provide water utility service. (Irene Montelongo)
Approve Agreement as Recommended, JB/RM
Item 1. TNRCC Docket No. 96-0333-AIR; SOAH Docket No. 582-96-0956. Application by Mitsui San Antonio Components, Inc. for Air Quality Permit No. 30979 for construction of an aluminum die casting facility in San Antonio, Bexar County, Texas. The Commission will consider the Administrative Law Judge's Proposal For Decision relating to the adequacy of a hearing request filed by San Antonio Coalition for Environmental Justice. The Administrative Law Judge recommends the Commission find the hearing request does not meet the requirements of Commission Rules. The Commission will also consider the application. (Broyles)
Accept Administrative Law Judge's Proposal for Decision and Deny Hearing Request, RM/JB
Item 2. Docket No. 95-1307-MWD. Consideration of the Motions for Rehearing filed by Harrison Interest, Limited LTD. and Guy Taylor, Lewis Reioux, Roy and Rita Motley concerning the amended application by Lake Lyndon B. Johnson Municipal Utility District No. 2 for permit no. 13660-001. The Commission's order approving the amended application was mailed June 14, 1996. The permit authorizes treatment of domestic wastewater not to exceed 100,000 per day by a modified lagoon pond system followed by irrigation disposal of effluent on land adjacent to the wastewater system. The facility and irrigation site will be located approximately 4.75 miles southeast of the intersection of FM 1431 and FM 2342 and approximately 2.75 miles northeast of the intersection of county road 120 and FM 1431 in Burnet County, Texas.
Deny Motion for Rehearing, BM/RM
Item 3. Docket No. 96-1240-POL. Consideration of revision of the Commission's ethics policy. Code of Ethics: A Matter of Trust.
Adopt revisions to the Commission's ethics policy, RM/JB
OLD BUSINESS AGENDA
Wednesday, July 24, 1996
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
9:30 a.m.
Room 201S, Bldg E.
12118 N. Interstate 35
Item carried forward from Agenda of March 27, 1996.
Item 1. Docket No. 96-0368-WR. ALUMINUM COMPANY OF AMERICA to authorize construction and maintenance of two reservoirs on an unnamed tributary (Known locally as Country Club Creek) of East Yegua Creek, tributary of Yegua Creek, tributary of the Brazos River, Brazos River Basin. The reservoirs are to be a portion of the final reclamation of an area (referred to as "Area E") at the applicant's Sandow Surface Lignite Mine and after reclamation of the area complete, will be used for domestic and livestock purposes. The upstream reservoir, referred to as "North End lake" will be incised (no dam) and the downstream reservoir, referred to as "E-Area End Lake" will be created by a dam. E-Area End Lake will also function as a sediment pond for the reclaimed area until sediment control is no longer needed. North End Lake will be approximately 18.3 south of Cameron in Milam County, Texas. E Area Lake will be downstream of North End Lake and will be approximatley 18.9 miles south of Cameron in Milam County, Texas. The Commission will consider the application and the hearing requests that have been filed on the application. (Terry Slade)
Remand to Executive Director
Item carried forward from Agenda of May 29, 1996 and June 12, and June 26, 1996.
Item 2. Docket No. 96-0730-CON. Consideration of authorizing the Executive Director to Execute a Contract with Oracle Corporation for the purchase of the Software for Oracle Government Financial and for the Associated Programming Cost to implement the system at TNRCC. Oracle Government financial is an integrated financial management system, which will be used for functions related to financial accounting and information management, including accounting, purchase requisitions, budgeting, grant billing, reporting, management of fixed assets, etc.
Remand to Executive Director
Item carried forward from Agenda of May 29, 1996 and June 12, and June 26, 1996.
Item 3. Docket No. 96-0881-EXE. The Commission will meet in closed session to receive legal advice on agency options relating to the Federal Operating Permit program and the impact of that program on the TNRCC minor new source review program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas 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 Texas Government Code.
Authorize staff to work with Attorney General to prepare a petition/s for review of the action of Environmental Protection Agency with respect to the Operating Permit Program, BM/RM
Item carried forward from Agenda of June 26, 1996.
Item 4. DOCKET NO. 96-0869-MWD. TOWN OF OAK RIDGE for renewal of Permit No. 13514-01 which authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 37,500 gallons per day. The Town of Oak Ridge Wastewater Treatment Plant is approximately 1700 feet south of U.S. Highway 82 and approximately 9800 feet west of Farm-to-Market Road 678 in Cooke County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Tom Weber/Bob Sweeney)
No Action Required
Item carried forward from Agenda of June 26, 1996.
Item 5. DOCKET NO. 96-0882-IWD. KOCH AGRICULTURE COMPANY, INC. for an amendment to Permit No. 01439 to authorize an increase in the number of head located at the cattle feedlot from 40,000 head to a maximum of 50,000 head to reflect the actual operating capacity of the feedlot. The waste treatment facilities include 18 existing storage ponds for waste and wastewater retention. Wastewater is disposed on-site by evaporation and irrigation on 120 acres of agricultural land. Waste is disposed off-site by the use of contract haulers. No discharge of pollutants into the waters of the State is authorized by this permit. The cattle feedlot is on the east side of SPUR 331 approximately 0.25 mile northwest of the intersection of SPUR 331 and U.S. Highway 84 in Lubbock, Lubbock County, Texas. The Commission will consider the application and hearing requests and protests that have been filed on the application. (Tom Weber/Bob Sweeney)
Continued to August 21, 1996
Item carried forward from Agenda of June 26, 1996.
Item 6. Docket No. 96-0906-RUL. Consideration for publication of proposed amendments to 30 TAC Chapter 330, Subchapter A, concerning General Information, and Subchapter Y, concerning Medical Waste Management. The proposed amendments would not require a permit to incinerate on-site generated municipal solid waste in waste incinerators at licensed hospitals. (Clark Talkington/Dale Pound)(Rule Log No. 96131-330-WS).
Go forth with publication of proposed amendments, RM/BM
Item carried forward from Agenda of June 26,
1996.
Item 7. Docket No. 96-1023-RUL. Consideration for publication of and hearing upon proposed amendments to 30 TAC Chapter 50, concerning Action on Applications; Chapter 55, concerning Request for Contested Case Hearings; and Chapter 80, concerning Contested Case Hearings. Options will be presented to expedite the processing of hearing requests and to clarify the interpretation of "affected persons," "reasonableness," and "competent evidence." This is Phase III of the ongoing project to reorganize, clarify, and consolidate the Commission's procedural rules. (Randall Terrell)
Remand to Executive Director
Item carried forward from Agenda of June 26,
1996.
Item 8. Docket No. 96-0924-IWD. APPLICATION BY LONE STAR INDUSTRIES, INC. for a Temporary Order to authorize the discharge of the collected water from the quarry pond to an intermittent tributary of Sweetwater Creek near the northern boundary of the undeveloped property north of the evaporation pond. Lone Star operates an open pit limestone quarry and cement manufacturing facility located one mile northwest of the intersection of Farm-to-Market Road 608 and Farm-to-Market Road 1170, approximately 0.7 mile northwest of the City of Maryneal in Nolan County, Texas. The applicant has stated that this request is justified because there is no feasible alternative to the discharge. The proposed discharge will not present a significant hazard to human life and health, unreasonable damage to property of persons other than the applicant, or unreasonable economic loss to persons other than the applicant. The Temporary Order, if issued, would authorize the discharge of stormwater, dust suppression runoff, vehicle wash water and water treatment filter backwash at a maximum volume of 720,000 gallons during any 24-hour period.
Issue Temporary Order, BM/JB
Item carried forward from Agenda of July 10, 1996.
Item 9. Docket No. 96-1010-PST-E. Consideration of an Enforcement Order requiring certain actions of Lacey & Hollis Petroleum, Inc. and Bill Thomas in Houston County; Facility No. 42624; for petroleum storage tank violations pursuant to Chapter 26 of the Texas Water Code, and the rules of the Texas Natural Resource Conservation Commission. (Raymond C. Winter).
Issue Enforcement Order, RM/JB
Item carried forward from Agenda of July 10, 1996.
Item 10. Docket No. 96-0492-RUL. Consideration for adoption of amendments to 30 TAC Chapter 101, Sections 101.24, Inspection Fees; and 101.27, Emissions Fees. The changes if adopted will establish the emissions fee rate for Fiscal Year 1997 and subsequent years until amended, set a single due date for payment of inspection and emissions fees, and incorporate late payment penalties. The proposed rules were published in the April 30, 1996 issue of the Texas Register (21TexReg 3685). (Steve Ortiz) (Rule Log No. 96100-101-AI).
Adopt amendments as recommended, BM/JB
Item carried forward from Agenda of July 10, 1996.
Item 11. Docket No. 96-0490-RUL. Consideration for adoption of amendments to 30 TAC Chapter 291, concerning water rates. If approved, these amendments would allow the implementation of a previously approved temporary water rate during times of mandatory water use reductions and would update references, conform the rules to a recent statutory change and correct typographical errors. The proposed rules were published in the April 16, 1996 issue of the Texas Register (21TexReg 3315). (Steve Blackhurst) (Rule Log No. 95208-291-WT).
Adopt rules except for Para 4, dealing with the greater than 50% rate case, that we continue discussions of paragraph 4 and if allowed by law consider that as an ongoing regulations development, RM/BM
Item carried forward from work session of June 24, 1996 and July 11, 1996.
Item 12. Consideration of issues related to the Title V Operating Permits program.
No Action Taken
Item carried forward from Agenda May 29, June 24, 1996 (Work Session) and July 11, 1996 work session.
Item 13. Consideration of issues related to National Pollutant Discharge Elimination Systems (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.
No Action Taken, Repost for August 12 Agenda with slight change.
Item carried forward from Agenda May 29, June 24, 1996 (Work Session) and July 11, 1996 work session.
Item 14. The Commission will meet in closed session to receive legal advice on agency options relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas 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 Texas Government Code.
Continued to August 12, 1996.
Item carried forward from Agenda of May 22, 1996.
Item 15. Docket No. 96-0657-MWD. KARBROOKE, INC. for a permit (Proposed Permit No. 13810-01) to authorize a discharge of treated domestic wastewater effluent at a final volume not to exceed an average flow of 15,000 gallons per day. The applicant is also requesting a variance to the buffer zone requirements in accordance with 30 TAC Chapter 309.13(e)(1)(A). The Key Harbor Wastewater Treatment Facilities are on the south side of Marine Drive along the shoreline of Lake Conroe, approximately 750 west of the intersection of Diamond Head Drive and Marine Drive in Montgomery County, Texas. The Commission will consider the application and the hearing requests filed on the application. (Tom Weber/Bob Sweeney)
Refer to State Office Administrative Hearing, JB/RM